Connecticut 2022 Regular Session

Connecticut House Bill HB05396 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05396-R01-
4		-	HB.docx
5		-	1 of 10
6	3
7		-	General Assembly Substitute Bill No. 5396
	4	+	LCO No. 2872 1 of 10
	5	+
	6	+	General Assembly Raised Bill No. 5396
8	7		February Session, 2022
	8	+	LCO No. 2872
	9	+
	10	+
	11	+	Referred to Committee on PUBLIC HEALTH
	12	+
	13	+
	14	+	Introduced by:
	15	+	(PH)
	16	+
9	17
10	18
11	19
12	20		AN ACT INCREASING ACCESS TO MENTAL HEALTH MEDICATION.
13		-
14	21		Be it enacted by the Senate and House of Representatives in General
15	22		Assembly convened:
16	23
17	24		Section 1. (Effective July 1, 2022) (a) As used in this section and section 1
18	25		2 of this act: 2
19	26		(1) "MDMA" means the synthetic psychoactive drug, 3,4-3
20	27		methylenedioxymethamphetamine, commonly known as ecstasy or 4
21	28		molly, that acts as a serotonin receptor agonist and reuptake inhibitor of 5
22	29		serotonin and dopamine. 6
23	30		(2) "Psilocybin" means a serotonin receptor agonist that occurs 7
24	31		naturally in some mushroom species. 8
25	32		(3) "Qualified patient" means a resident of the state who is (A) a 9
26	33		veteran, (B) a retired first responder, (C) a direct care health care worker, 10
27	34		or (D) from a historically underserved community, and who has a 11
28	35		serious or life-threatening mental or behavioral health disorder and 12
29	36		without access to effective mental or behavioral health medication. 13
30		-	(4) "Qualified applicant" means a provider of mental or behavioral 14
	37	+	(4) "Qualified applicant" means a provider of mental or behavioral 14 Raised Bill No. 5396
	38	+
	39	+
	40	+
	41	+	LCO No. 2872 2 of 10
	42	+
31	43		health services that has received approval from the federal Food and 15
32	44		Drug Administration as an approved treatment site with an expanded 16
33		-	access protocol that allows the provider access to an investigational 17 Substitute Bill No. 5396
34		-
35		-
36		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05396-
37		-	R01-HB.docx }
38		-	2 of 10
39		-
	45	+	access protocol that allows the provider access to an investigational 17
40	46		drug for treatment use, including emergency use, pursuant to 21 CFR 18
41	47		312, as amended from time to time. 19
42	48		(5) "Approved treatment site" means the location where a qualified 20
43	49		applicant that has been selected under subsection (e) of this section as a 21
44	50		provider of MDMA-assisted or psilocybin-assisted therapy under the 22
45	51		pilot program established pursuant to subsection (b) of this section will 23
46	52		provide such therapy. 24
47	53		(b) There is established, within the Department of Mental Health and 25
48	54		Addiction Services, a psychedelic-assisted therapy pilot program to 26
49	55		provide qualified patients with the funding necessary to receive 27
50	56		MDMA-assisted or psilocybin-assisted therapy as part of an expanded 28
51	57		access program approved by the federal Food and Drug Administration 29
52	58		pursuant to 21 CFR 312, as amended from time to time. The department 30
53	59		shall cease to operate the pilot program when MDMA and psilocybin 31
54	60		have been approved to have a medical use by the Drug Enforcement 32
55	61		Administration, or any successor agency. 33
56	62		(c) There is established a Qualified Patients for Approved Treatment 34
57	63		Sites Fund, "PAT Fund". The fund shall contain any moneys required by 35
58	64		law to be deposited in the fund and may contain any other funds as 36
59	65		provided in subsection (d) of this section. The Department of Mental 37
60	66		Health and Addiction Services shall administer and use the fund for 38
61	67		grants to qualified applicants to provide MDMA-assisted or psilocybin-39
62	68		assisted therapy to qualified patients under the pilot program 40
63	69		established pursuant to subsection (b) of this section. 41
64	70		(d) For the fiscal year ending on June 30, 2023, and for each fiscal year 42
65	71		thereafter, block grant funds allocated to the department pursuant to 43
66	72		section 4-28b of the general statutes may be deposited in said fund, and 44
67	73		the department may accept contributions from any source, public or 45
68		-	private, for deposit in said fund. 46
69		-	(e) On or before November 29, 2022, a qualified applicant may apply 47
70		-	to the Department of Mental Health and Addiction Services for selection 48 Substitute Bill No. 5396
	74	+	private, for deposit in said fund. 46 Raised Bill No. 5396
71	75
72	76
73		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05396-
74		-	R01-HB.docx }
75		-	3 of 10
76	77
	78	+	LCO No. 2872 3 of 10
	79	+
	80	+	(e) On or before November 29, 2022, a qualified applicant may apply 47
	81	+	to the Department of Mental Health and Addiction Services for selection 48
77	82		as an approved treatment site. The department shall: 49
78	83		(1) Develop an application form for qualified applicants seeking 50
79	84		selection as an approved treatment site and, not later than October 31, 51
80	85		2022, post such application on the department's Internet web site; 52
81	86		(2) Select up to three qualified applicants as approved treatment sites 53
82	87		not later than December 28, 2022; 54
83	88		(3) Distribute one million five hundred thousand dollars from the 55
84	89		PAT Fund equally amongst the approved treatment sites; and 56
85	90		(4) Distribute an additional one million five hundred thousand 57
86	91		dollars from the PAT Fund equally amongst the approved treatment 58
87	92		sites that, prior to March 31, 2023, provided proof of receipt of a one 59
88	93		million five hundred thousand dollar matching grant from a private 60
89	94		foundation to treat qualified patients. If no approved treatment site 61
90	95		provides proof of receipt of such matching grant on or before March 31, 62
91	96		2023, the department shall distribute an additional one million five 63
92	97		hundred thousand dollars from the PAT Fund equally amongst the 64
93	98		approved treatment sites not later than March 31, 2024. 65
94	99		(f) Approved treatment sites shall collect and submit data to the 66
95	100		Department of Mental Health and Addiction Services, including, but 67
96	101		not limited to, its protocols for the provision of MDMA-assisted and 68
97	102		psilocybin-assisted treatment, training on the facilitation of such 69
98	103		treatment, implementation of facility standards, strategies for patient 70
99	104		protection and mitigation of drug diversion. Approved treatment sites 71
100	105		shall follow all applicable patient privacy laws in the collection and 72
101	106		submission of data to the department. As used in this subsection, "drug 73
102	107		diversion" means the transfer of a legally prescribed drug from the 74
103	108		individual for whom it was prescribed to another individual for any 75
104	109		illicit use. 76
105		-	Sec. 2. (Effective July 1, 2022) (a) There is established the Connecticut 77
106		-	Psychedelic Treatment Advisory Board, which shall be part of the 78
107		-	Department of Mental Health and Addiction Services. 79 Substitute Bill No. 5396
	110	+	Sec. 2. (Effective July 1, 2022) (a) There is established the Connecticut 77 Raised Bill No. 5396
108	111
109	112
110		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05396-
111		-	R01-HB.docx }
112		-	4 of 10
113	113
	114	+	LCO No. 2872 4 of 10
	115	+
	116	+	Psychedelic Treatment Advisory Board, which shall be part of the 78
	117	+	Department of Mental Health and Addiction Services. 79
114	118		(b) The board shall consist of the following members: (1) Two 80
115	119		appointed by the speaker of the House of Representatives; (2) two 81
116	120		appointed by the president pro tempore of the Senate; (3) one appointed 82
117	121		by the minority leader of the House of Representatives; (4) one 83
118	122		appointed by the minority leader of the Senate; (5) two appointed by the 84
119	123		Office of the Governor; (6) one appointed by the Commissioner of 85
120	124		Mental Health and Addiction Services; (7) one appointed by the 86
121	125		Commissioner of Public Health; and (8) one appointed by the 87
122	126		Commissioner of Consumer Protection. The board shall include 88
123	127		members with experience or expertise in psychedelic research, 89
124	128		psychedelic-assisted therapy, public health, access to mental and 90
125	129		behavioral health care in underserved communities, veteran mental and 91
126	130		behavioral health care, harm reduction and sacramental use of 92
127	131		psychedelic substances. 93
128		-	(c) Notwithstanding the provisions of subsection (a) of section 4-9a of 94
129		-	the general statutes, the speaker of the House of Representatives and the 95
130		-	president pro tempore of the Senate shall select the chairpersons of the 96
131		-	board from among the members of the board. The chairpersons shall 97
132		-	oversee the establishment of and make recommendations regarding the 98
133		-	voting procedures of the board. 99
134		-	(d) The administrative staff of the joint standing committee of the 100
135		-	General Assembly having cognizance of matters relating to consumer 101
136		-	protection shall serve as administrative staff of the board, with 102
137		-	assistance as needed provided by employees of the Offices of Legislative 103
138		-	Research and Fiscal Analysis. 104
139		-	(e) The board shall advise the Department of Mental Health and 105
140		-	Addiction Services on the design and development of the regulations 106
141		-	and infrastructure necessary to safely allow for therapeutic access to 107
142		-	psychedelic-assisted therapy upon the legalization of MDMA, 108
143		-	psilocybin and any other psychedelic compounds. In advising the 109
144		-	department under this subsection, the board shall be responsible for: (1) 110
145		-	Reviewing and considering the data from the psychedelic-assisted 111
146		-	therapy pilot program established under section 1 of this act to inform 112 Substitute Bill No. 5396
	132	+	(c) The speaker of the House of Representatives and the president pro 94
	133	+	tempore of the Senate shall select the chairpersons of the board from 95
	134	+	among the members of the board. The chairpersons shall oversee the 96
	135	+	establishment of and make recommendations regarding the voting 97
	136	+	procedures of the board. 98
	137	+	(d) The administrative staff of the joint standing committee of the 99
	138	+	General Assembly having cognizance of matters relating to consumer 100
	139	+	protection shall serve as administrative staff of the board, with 101
	140	+	assistance as needed provided by employees of the Offices of Legislative 102
	141	+	Research and Fiscal Analysis. 103
	142	+	(e) The board shall advise the Department of Mental Health and 104
	143	+	Addiction Services on the design and development of the regulations 105
	144	+	and infrastructure necessary to safely allow for therapeutic access to 106
	145	+	psychedelic-assisted therapy upon the legalization of MDMA, 107
	146	+	psilocybin and any other psychedelic compounds. In advising the 108
	147	+	department under this subsection, the board shall be responsible for: (1) 109 Raised Bill No. 5396
147	148
148	149
149		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05396-
150		-	R01-HB.docx }
151		-	5 of 10
152	150
153		-	the development of such regulations; (2) advising the department on the 113
154		-	necessary education, training, licensing and credentialing of therapists 114
155		-	and facilitators, patient safety, harm reduction, the establishment of 115
156		-	equity measures in both clinical and therapeutic settings, cost and 116
157		-	insurance reimbursement considerations and standards of treatment 117
158		-	facilities; (3) advising the department on the use of group therapy and 118
159		-	other therapy options to reduce cost and maximize public health 119
160		-	benefits from psychedelic treatments; (4) monitoring updated federal 120
161		-	regulations and guidelines for referral and consideration by the state 121
162		-	agencies of cognizance for implementation of such regulations and 122
163		-	guidelines; (5) developing a long-term strategic plan to improve mental 123
164		-	health care through the use of psychedelic treatment; (6) recommending 124
165		-	equity measures for clinical subject recruitment and facilitator training 125
166		-	recruitment; and (7) assisting with the development of public awareness 126
167		-	and education campaigns. 127
168		-	(f) The board may establish committees and subcommittees 128
169		-	necessary for the operation of the board. 129
170		-	Sec. 3. Section 21a-243 of the general statutes is repealed and the 130
171		-	following is substituted in lieu thereof (Effective July 1, 2022): 131
172		-	(a) The Commissioner of Consumer Protection shall adopt 132
173		-	regulations for the efficient enforcement and operation of sections 21a-133
174		-	244 to 21a-282, inclusive. 134
175		-	(b) The Commissioner of Consumer Protection may, so far as may be 135
176		-	consistent with sections 21a-244 to 21a-282, inclusive, adopt the 136
177		-	regulations existing under the federal Controlled Substances Act and 137
178		-	pertinent regulations existing under the federal food and drug laws and 138
179		-	conform regulations adopted hereunder with those existing under the 139
180		-	federal Controlled Substances Act and federal food and drug laws. 140
181		-	(c) The Commissioner of Consumer Protection, acting upon the 141
182		-	advice of the Commission of Pharmacy, may by regulation designate, 142
183		-	after investigation, as a controlled substance, a substance or chemical 143 Substitute Bill No. 5396
	151	+	LCO No. 2872 5 of 10
	152	+
	153	+	Reviewing and considering the data from the psychedelic-assisted 110
	154	+	therapy pilot program established under section 1 of this act to inform 111
	155	+	the development of such regulations; (2) advising the department on the 112
	156	+	necessary education, training, licensing and credentialing of therapists 113
	157	+	and facilitators, patient safety, harm reduction, the establishment of 114
	158	+	equity measures in both clinical and therapeutic settings, cost and 115
	159	+	insurance reimbursement considerations and standards of treatment 116
	160	+	facilities; (3) advising the department on the use of group therapy and 117
	161	+	other therapy options to reduce cost and maximize public health 118
	162	+	benefits from psychedelic treatments; (4) monitoring updated federal 119
	163	+	regulations and guidelines for referral and consideration by the state 120
	164	+	agencies of cognizance for implementation of such regulations and 121
	165	+	guidelines; (5) developing a long-term strategic plan to improve mental 122
	166	+	health care through the use of psychedelic treatment; (6) recommending 123
	167	+	equity measures for clinical subject recruitment and facilitator training 124
	168	+	recruitment; and (7) assisting with the development of public awareness 125
	169	+	and education campaigns. 126
	170	+	(f) The board may establish committees and subcommittees 127
	171	+	necessary for the operation of the board. 128
	172	+	Sec. 3. Section 21a-243 of the general statutes is repealed and the 129
	173	+	following is substituted in lieu thereof (Effective July 1, 2022): 130
	174	+	(a) The Commissioner of Consumer Protection shall adopt 131
	175	+	regulations for the efficient enforcement and operation of sections 21a-132
	176	+	244 to 21a-282, inclusive. 133
	177	+	(b) The Commissioner of Consumer Protection may, so far as may be 134
	178	+	consistent with sections 21a-244 to 21a-282, inclusive, adopt the 135
	179	+	regulations existing under the federal Controlled Substances Act and 136
	180	+	pertinent regulations existing under the federal food and drug laws and 137
	181	+	conform regulations adopted hereunder with those existing under the 138
	182	+	federal Controlled Substances Act and federal food and drug laws. 139
	183	+	(c) The Commissioner of Consumer Protection, acting upon the 140
	184	+	advice of the Commission of Pharmacy, may by regulation designate, 141 Raised Bill No. 5396
184	185
185	186
186		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05396-
187		-	R01-HB.docx }
188		-	6 of 10
189	187
190		-	composition containing any quantity of a substance which has been 144
191		-	found to have a stimulant, depressant or hallucinogenic effect upon the 145
192		-	higher functions of the central nervous system and having a tendency 146
193		-	to promote abuse or physiological or psychological dependence or both. 147
194		-	Such substances are classifiable as amphetamine-type, barbiturate-type, 148
195		-	cannabis-type, cocaine-type, hallucinogenic, morphine-type and other 149
196		-	stimulant and depressant substances, and specifically exclude alcohol, 150
197		-	caffeine and nicotine. Substances which are designated as controlled 151
198		-	substances shall be classified in schedules I to V by regulations adopted 152
199		-	pursuant to subsection (a) of this section. 153
200		-	(d) The Commissioner of Consumer Protection may by regulation 154
201		-	change the schedule in which a substance classified as a controlled 155
202		-	substance in schedules I to V of the controlled substance scheduling 156
203		-	regulations is placed. On or before December 15, 1986, and annually 157
204		-	thereafter, the commissioner shall submit a list of all such schedule 158
205		-	changes to the chairmen and ranking members of the joint standing 159
206		-	committee of the General Assembly having cognizance of matters 160
207		-	relating to public health. 161
208		-	(e) Notwithstanding the provisions of subsections (a) to (d), inclusive, 162
209		-	of this section, not later than January 1, 2013, the Commissioner of 163
210		-	Consumer Protection shall submit amendments to sections 21a-243-7 164
211		-	and 21a-243-8 of the regulations of Connecticut state agencies to the 165
212		-	standing legislative regulation review committee to reclassify marijuana 166
213		-	as a controlled substance in schedule II under the Connecticut 167
214		-	controlled substance scheduling regulations, except that for any 168
215		-	marijuana product that has been approved by the federal Food and 169
216		-	Drug Administration or successor agency to have a medical use and that 170
217		-	is reclassified in any schedule of controlled substances or unscheduled 171
218		-	by the federal Drug Enforcement Administration or successor agency, 172
219		-	the commissioner shall adopt the schedule designated by the Drug 173
220		-	Enforcement Administration or successor agency. 174
221		-	(f) Notwithstanding the provisions of subsections (a) to (d), inclusive, 175
222		-	of this section, the Commissioner of Consumer Protection shall adopt 176 Substitute Bill No. 5396
	188	+	LCO No. 2872 6 of 10
	189	+
	190	+	after investigation, as a controlled substance, a substance or chemical 142
	191	+	composition containing any quantity of a substance which has been 143
	192	+	found to have a stimulant, depressant or hallucinogenic effect upon the 144
	193	+	higher functions of the central nervous system and having a tendency 145
	194	+	to promote abuse or physiological or psychological dependence or both. 146
	195	+	Such substances are classifiable as amphetamine-type, barbiturate-type, 147
	196	+	cannabis-type, cocaine-type, hallucinogenic, morphine-type and other 148
	197	+	stimulant and depressant substances, and specifically exclude alcohol, 149
	198	+	caffeine and nicotine. Substances which are designated as controlled 150
	199	+	substances shall be classified in schedules I to V by regulations adopted 151
	200	+	pursuant to subsection (a) of this section. 152
	201	+	(d) The Commissioner of Consumer Protection may by regulation 153
	202	+	change the schedule in which a substance classified as a controlled 154
	203	+	substance in schedules I to V of the controlled substance scheduling 155
	204	+	regulations is placed. On or before December 15, 1986, and annually 156
	205	+	thereafter, the commissioner shall submit a list of all such schedule 157
	206	+	changes to the chairmen and ranking members of the joint standing 158
	207	+	committee of the General Assembly having cognizance of matters 159
	208	+	relating to public health. 160
	209	+	(e) Notwithstanding the provisions of subsections (a) to (d), inclusive, 161
	210	+	of this section, not later than January 1, 2013, the Commissioner of 162
	211	+	Consumer Protection shall submit amendments to sections 21a-243-7 163
	212	+	and 21a-243-8 of the regulations of Connecticut state agencies to the 164
	213	+	standing legislative regulation review committee to reclassify marijuana 165
	214	+	as a controlled substance in schedule II under the Connecticut 166
	215	+	controlled substance scheduling regulations, except that for any 167
	216	+	marijuana product that has been approved by the federal Food and 168
	217	+	Drug Administration or successor agency to have a medical use and that 169
	218	+	is reclassified in any schedule of controlled substances or unscheduled 170
	219	+	by the federal Drug Enforcement Administration or successor agency, 171
	220	+	the commissioner shall adopt the schedule designated by the Drug 172
	221	+	Enforcement Administration or successor agency. 173
	222	+	(f) Notwithstanding the provisions of subsections (a) to (d), inclusive, 174 Raised Bill No. 5396
223	223
224	224
225		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05396-
226		-	R01-HB.docx }
227		-	7 of 10
228	225
229		-	the schedule designated by the Drug Enforcement Administration or 177
230		-	successor agency for MDMA, as defined in section 1 of this act, and 178
231		-	psilocybin, as defined in said section, if MDMA and psilocybin have 179
232		-	been approved by said administration, or successor agency, to have a 180
233		-	medical use and are reclassified in any schedule of controlled substances 181
234		-	or unscheduled by said administration or successor agency. 182
235		-	[(f)] (g) A new or amended regulation under this chapter shall be 183
236		-	adopted in accordance with the provisions of chapter 54. 184
237		-	[(g)] (h) In the event of any inconsistency between the contents of 185
238		-	schedules I, II, III, IV and V of the controlled substance scheduling 186
239		-	regulations and schedules I, II, III, IV and V of the federal Controlled 187
240		-	Substances Act, as amended, the provisions of the federal act shall 188
241		-	prevail, except (1) when the provisions of the Connecticut controlled 189
242		-	substance scheduling regulations place a controlled substance in a 190
243		-	schedule with a higher numerical designation, schedule I being the 191
244		-	highest designation, or (2) as provided in subsection (e) of this section. 192
245		-	[(h)] (i) When a drug that is not a controlled substance in schedule I, 193
246		-	II, III, IV or V, as designated in the Connecticut controlled substance 194
247		-	scheduling regulations, is designated to be a controlled substance under 195
248		-	the federal Controlled Substances Act, such drug shall be considered to 196
249		-	be controlled at the state level in the same numerical schedule from the 197
250		-	effective date of the federal classification. Nothing in this section shall 198
251		-	prevent the Commissioner of Consumer Protection from designating a 199
252		-	controlled substance differently in the Connecticut controlled substance 200
253		-	scheduling regulations than such controlled substance is designated in 201
254		-	the federal Controlled Substances Act, as amended from time to time. 202
255		-	[(i)] (j) The Commissioner of Consumer Protection shall, by 203
256		-	regulation adopted pursuant to this section, designate the following 204
257		-	substances, by whatever official, common, usual, chemical or trade 205
258		-	name designation, as controlled substances and classify each such 206
259		-	substance in the appropriate schedule: 207 Substitute Bill No. 5396
	226	+	LCO No. 2872 7 of 10
	227	+
	228	+	of this section, the Commissioner of Consumer Protection shall adopt 175
	229	+	the schedule designated by the Drug Enforcement Administration or 176
	230	+	successor agency for MDMA, as defined in section 1 of this act, and 177
	231	+	psilocybin, as defined in said section, if MDMA and psilocybin have 178
	232	+	been approved by said administration, or successor agency, to have a 179
	233	+	medical use and are reclassified in any schedule of controlled substances 180
	234	+	or unscheduled by said administration or successor agency. 181
	235	+	[(f)] (g) A new or amended regulation under this chapter shall be 182
	236	+	adopted in accordance with the provisions of chapter 54. 183
	237	+	[(g)] (h) In the event of any inconsistency between the contents of 184
	238	+	schedules I, II, III, IV and V of the controlled substance scheduling 185
	239	+	regulations and schedules I, II, III, IV and V of the federal Controlled 186
	240	+	Substances Act, as amended, the provisions of the federal act shall 187
	241	+	prevail, except (1) when the provisions of the Connecticut controlled 188
	242	+	substance scheduling regulations place a controlled substance in a 189
	243	+	schedule with a higher numerical designation, schedule I being the 190
	244	+	highest designation, or (2) as provided in subsection (e) of this section. 191
	245	+	[(h)] (i) When a drug that is not a controlled substance in schedule I, 192
	246	+	II, III, IV or V, as designated in the Connecticut controlled substance 193
	247	+	scheduling regulations, is designated to be a controlled substance under 194
	248	+	the federal Controlled Substances Act, such drug shall be considered to 195
	249	+	be controlled at the state level in the same numerical schedule from the 196
	250	+	effective date of the federal classification. Nothing in this section shall 197
	251	+	prevent the Commissioner of Consumer Protection from designating a 198
	252	+	controlled substance differently in the Connecticut controlled substance 199
	253	+	scheduling regulations than such controlled substance is designated in 200
	254	+	the federal Controlled Substances Act, as amended from time to time. 201
	255	+	[(i)] (j) The Commissioner of Consumer Protection shall, by 202
	256	+	regulation adopted pursuant to this section, designate the following 203
	257	+	substances, by whatever official, common, usual, chemical or trade 204
	258	+	name designation, as controlled substances and classify each such 205
	259	+	substance in the appropriate schedule: 206 Raised Bill No. 5396
260	260
261	261
262		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05396-
263		-	R01-HB.docx }
264		-	8 of 10
265	262
266		-	(1) 1-pentyl-3-(1-naphthoyl)indole (JWH-018); 208
267		-	(2) 1-butyl-3-(1-naphthoyl)indole (JWH-073); 209
268		-	(3) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); 210
269		-	(4) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol 211
270		-	(CP-47,497); 212
271		-	(5) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol 213
272		-	(cannabicyclohexanol; CP-47,497 C8 homologue); 214
273		-	(6) Salvia divinorum; and 215
274		-	(7) Salvinorum A. 216
275		-	[(j)] (k) Notwithstanding the provisions of subsection (c) of this 217
276		-	section, the Commissioner of Consumer Protection shall designate the 218
277		-	following substances, by whatever official, common, usual, chemical or 219
278		-	trade name designation, as controlled substances in schedule I of the 220
279		-	controlled substances scheduling regulations: 221
280		-	(1) Mephedrone (4-methylmethcathinone); and 222
281		-	(2) MDPV (3,4-methyenedioxypyrovalerone). 223
282		-	Sec. 4. (NEW) (Effective July 1, 2022) The Department of Consumer 224
283		-	Protection shall consider for adoption any nonbinding federal 225
284		-	guidelines from the federal Department of Health and Human Services 226
285		-	regarding the practice of psychedelic-assisted therapy. The Connecticut 227
286		-	Psychedelic Treatment Advisory Board established under section 2 of 228
287		-	this act and members of the public may submit written comments to the 229
288		-	department during a notice and comment period established by the 230
289		-	department regarding adoption of and any suggested changes to such 231
290		-	guidelines that may better meet the needs of state residents. The 232
291		-	department shall post the procedures and deadline for submission of 233
292		-	written comments during such notice and comment period on its 234
293		-	Internet web site. 235 Substitute Bill No. 5396
	263	+	LCO No. 2872 8 of 10
	264	+
	265	+	(1) 1-pentyl-3-(1-naphthoyl)indole (JWH-018); 207
	266	+	(2) 1-butyl-3-(1-naphthoyl)indole (JWH-073); 208
	267	+	(3) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); 209
	268	+	(4) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol 210
	269	+	(CP-47,497); 211
	270	+	(5) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol 212
	271	+	(cannabicyclohexanol; CP-47,497 C8 homologue); 213
	272	+	(6) Salvia divinorum; and 214
	273	+	(7) Salvinorum A. 215
	274	+	[(j)] (k) Notwithstanding the provisions of subsection (c) of this 216
	275	+	section, the Commissioner of Consumer Protection shall designate the 217
	276	+	following substances, by whatever official, common, usual, chemical or 218
	277	+	trade name designation, as controlled substances in schedule I of the 219
	278	+	controlled substances scheduling regulations: 220
	279	+	(1) Mephedrone (4-methylmethcathinone); and 221
	280	+	(2) MDPV (3,4-methyenedioxypyrovalerone). 222
	281	+	Sec. 4. (NEW) (Effective July 1, 2022) The Department of Consumer 223
	282	+	Protection shall consider for adoption any nonbinding federal 224
	283	+	guidelines from the federal Department of Health and Human Services 225
	284	+	regarding the practice of psychedelic-assisted therapy. The Connecticut 226
	285	+	Psychedelic Treatment Advisory Board established under section 2 of 227
	286	+	this act and members of the public may submit written comments to the 228
	287	+	department during a notice and comment period established by the 229
	288	+	department regarding adoption of and any suggested changes to such 230
	289	+	guidelines that may better meet the needs of state residents. The 231
	290	+	department shall post the procedures and deadline for submission of 232
	291	+	written comments during such notice and comment period on its 233
	292	+	Internet web site. 234 Raised Bill No. 5396
294	293
295	294
296		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05396-
297		-	R01-HB.docx }
298		-	9 of 10
299	295
300		-	Sec. 5. Subdivision (29) of section 21a-240 of the 2022 supplement to 236
301		-	the general statutes is repealed and the following is substituted in lieu 237
302		-	thereof (Effective July 1, 2022): 238
303		-	(29) "Marijuana" means all parts of any plant, or species of the genus 239
304		-	cannabis or any infra specific taxon thereof, whether growing or not; the 240
305		-	seeds thereof; the resin extracted from any part of the plant; every 241
306		-	compound, manufacture, salt, derivative, mixture, or preparation of 242
307		-	such plant, its seeds or resin, any product made using hemp, as defined 243
308		-	in section 22-61l, which exceeds three-tenths per cent total THC 244
309		-	concentration on a dry-weight basis; manufactured cannabinoids, 245
310		-	synthetic cannabinoids, except as provided in subparagraph (E) of this 246
311		-	subdivision; or cannabinon, cannabinol or cannabidiol and chemical 247
312		-	compounds which are similar to cannabinon, cannabinol or cannabidiol 248
313		-	in chemical structure or which are similar thereto in physiological effect, 249
314		-	which are controlled substances under this chapter, except cannabidiol 250
315		-	derived from hemp, as defined in section 22-61l, with a total THC 251
316		-	concentration of not more than three-tenths per cent on a dry-weight 252
317		-	basis. "Marijuana" does not include: (A) The mature stalks of such plant, 253
318		-	fiber produced from such stalks, oil or cake made from the seeds of such 254
319		-	plant, any other compound, manufacture, salt, derivative, mixture or 255
320		-	preparation of such mature stalks, except the resin extracted from such 256
321		-	mature stalks or fiber, oil or cake; (B) the sterilized seed of such plant 257
322		-	which is incapable of germination; (C) hemp, as defined in section 22-258
323		-	61l, with a total THC concentration of not more than three-tenths per 259
324		-	cent on a dry-weight basis; (D) any substance approved by the federal 260
325		-	Food and Drug Administration or successor agency as a drug and 261
326		-	reclassified in any schedule of controlled substances or unscheduled by 262
327		-	the federal Drug Enforcement Administration or successor agency 263
328		-	which is included in the same schedule designated by the federal Drug 264
329		-	Enforcement Administration or successor agency; or (E) synthetic 265
330		-	cannabinoids which are controlled substances that are designated by the 266
331		-	Commissioner of Consumer Protection, by whatever official, common, 267
332		-	usual, chemical or trade name designation, as controlled substances and 268
333		-	are classified in the appropriate schedule in accordance with 269 Substitute Bill No. 5396
	296	+	LCO No. 2872 9 of 10
	297	+
	298	+	Sec. 5. Subdivision (29) of section 21a-240 of the 2022 supplement to 235
	299	+	the general statutes is repealed and the following is substituted in lieu 236
	300	+	thereof (Effective July 1, 2022): 237
	301	+	(29) "Marijuana" means all parts of any plant, or species of the genus 238
	302	+	cannabis or any infra specific taxon thereof, whether growing or not; the 239
	303	+	seeds thereof; the resin extracted from any part of the plant; every 240
	304	+	compound, manufacture, salt, derivative, mixture, or preparation of 241
	305	+	such plant, its seeds or resin, any product made using hemp, as defined 242
	306	+	in section 22-61l, which exceeds three-tenths per cent total THC 243
	307	+	concentration on a dry-weight basis; manufactured cannabinoids, 244
	308	+	synthetic cannabinoids, except as provided in subparagraph (E) of this 245
	309	+	subdivision; or cannabinon, cannabinol or cannabidiol and chemical 246
	310	+	compounds which are similar to cannabinon, cannabinol or cannabidiol 247
	311	+	in chemical structure or which are similar thereto in physiological effect, 248
	312	+	which are controlled substances under this chapter, except cannabidiol 249
	313	+	derived from hemp, as defined in section 22-61l, with a total THC 250
	314	+	concentration of not more than three-tenths per cent on a dry-weight 251
	315	+	basis. "Marijuana" does not include: (A) The mature stalks of such plant, 252
	316	+	fiber produced from such stalks, oil or cake made from the seeds of such 253
	317	+	plant, any other compound, manufacture, salt, derivative, mixture or 254
	318	+	preparation of such mature stalks, except the resin extracted from such 255
	319	+	mature stalks or fiber, oil or cake; (B) the sterilized seed of such plant 256
	320	+	which is incapable of germination; (C) hemp, as defined in section 22-257
	321	+	61l, with a total THC concentration of not more than three-tenths per 258
	322	+	cent on a dry-weight basis; (D) any substance approved by the federal 259
	323	+	Food and Drug Administration or successor agency as a drug and 260
	324	+	reclassified in any schedule of controlled substances or unscheduled by 261
	325	+	the federal Drug Enforcement Administration or successor agency 262
	326	+	which is included in the same schedule designated by the federal Drug 263
	327	+	Enforcement Administration or successor agency; or (E) synthetic 264
	328	+	cannabinoids which are controlled substances that are designated by the 265
	329	+	Commissioner of Consumer Protection, by whatever official, common, 266
	330	+	usual, chemical or trade name designation, as controlled substances and 267
	331	+	are classified in the appropriate schedule in accordance with 268 Raised Bill No. 5396
334	332
335	333
336		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05396-
337		-	R01-HB.docx }
338		-	10 of 10
339	334
340		-	subsections [(i)] (j) and [(j)] (k) of section 21a-243, as amended by this 270
341		-	act; 271
342		-	Sec. 6. (Effective July 1, 2022) The sum of three million dollars is 272
343		-	appropriated to the Department of Mental Health and Addiction 273
344		-	Services from the General Fund, for the fiscal year ending June 30, 2023, 274
345		-	for deposit in the Qualified Patients for Approved Treatment Sites Fund 275
346		-	established under section 1 of this act. 276
	335	+	LCO No. 2872 10 of 10
	336	+
	337	+	subsections [(i)] (j) and [(j)] (k) of section 21a-243, as amended by this 269
	338	+	act; 270
	339	+	Sec. 6. (Effective July 1, 2022) The sum of three million dollars is 271
	340	+	appropriated to the Department of Mental Health and Addiction 272
	341	+	Services from the General Fund, for the fiscal year ending June 30, 2023, 273
	342	+	for deposit in the Qualified Patients for Approved Treatment Sites Fund 274
	343	+	established under section 1 of this act. 275
347	344		This act shall take effect as follows and shall amend the following
348	345		sections:
349	346
350		-	~~Section~~ July 1, 2022 New section
	347	+	Section 1 July 1, 2022 New section
351	348		Sec. 2 July 1, 2022 New section
352	349		Sec. 3 July 1, 2022 21a-243
353	350		Sec. 4 July 1, 2022 New section
354	351		Sec. 5 July 1, 2022 21a-240(29)
355	352		Sec. 6 July 1, 2022 New section
356	353
357		-	Statement of Legislative Commissioners:
358		-	In Section 2(c), the phrase "Notwithstanding the provisions of
359		-	subsection (a) of section 4-9a of the general statutes, the" was added for
360		-	consistency with the controlling provision of the general statutes.
361		-
362		-
363		-	PH Joint Favorable Subst. -LCO
	354	+	Statement of Purpose:
	355	+	To increase access to mental health medication.
	356	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	357	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	358	+	underlined.]
364	359