LCO No. 4402 1 of 93 General Assembly Raised Bill No. 6697 January Session, 2023 LCO No. 4402 Referred to Committee on GENERAL LAW Introduced by: (GL) AN ACT CONCERNING THE DEPARTMENT OF CONSUMER PROTECTION'S RECOMMENDATIONS REGARDING CANNABIS REGULATION. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 21a-240 of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective October 1, 2023): 2 The following words and phrases, as used in this chapter, shall have 3 the following meanings, unless the context otherwise requires: 4 (1) "Abuse of drugs" means the use of controlled substances solely for 5 their stimulant, depressant or hallucinogenic effect upon the higher 6 functions of the central nervous system and not as a therapeutic agent 7 prescribed in the course of medical treatment or in a program of 8 research operated under the direction of a physician or pharmacologist. 9 [;] 10 (2) "Administer" means the direct application of a controlled 11 substance, whether by injection, inhalation, ingestion or any other 12 means, to the body of a patient or research subject by: (A) A practitioner, 13 Raised Bill No. 6697 LCO No. 4402 2 of 93 or, in [his] the practitioner's presence, by [his] the practitioner's 14 authorized agent, or (B) the patient or research subject at the direction 15 and in the presence of the practitioner, or (C) a nurse or intern under the 16 direction and supervision of a practitioner. [;] 17 (3) "Agent" means an authorized person who acts on behalf of or at 18 the direction of a manufacturer, distributor, dispenser or prescribing 19 practitioner, [. It] but does not [include] mean a common or contract 20 carrier, public warehouseman, or employee of the carrier or 21 warehouseman. [;] 22 (4) "Amphetamine-type substances" include amphetamine, optical 23 isomers thereof, salts of amphetamine and its isomers, and chemical 24 compounds which are similar thereto in chemical structure or which are 25 similar thereto in physiological effect, and which show a like potential 26 for abuse, which are controlled substances under this chapter unless 27 modified. [;] 28 (5) "Barbiturate-type drugs" include barbituric acid and its salts, 29 derivatives thereof and chemical compounds which are similar thereto 30 in chemical structure or which are similar thereto in physiological effect, 31 and which show a like potential for abuse, which are controlled 32 substances under this chapter unless modified. [;] 33 (6) "Bureau" means the Bureau of Narcotics and Dangerous Drugs, 34 United States Department of Justice, or its successor agency. [;] 35 [(7) "Cannabis-type substances" include all parts of any plant, or 36 species of the genus cannabis or any infra specific taxon thereof whether 37 growing or not; the seeds thereof; the resin extracted from any part of 38 such a plant; and every compound, manufacture, salt, derivative, 39 mixture or preparation of such plant, its seeds or resin; but shall not 40 include the mature stalks of such plant, fiber produced from such stalks, 41 oil or cake made from the seeds of such plant, any other compound, 42 manufacture, salt, derivative, mixture or preparation of such mature 43 stalks, except the resin extracted therefrom, fiber, oil or cake, the 44 sterilized seed of such plant which is incapable of germination, or hemp, 45 Raised Bill No. 6697 LCO No. 4402 3 of 93 as defined in 7 USC 1639o, as amended from time to time. Included are 46 cannabinon, cannabinol, cannabidiol and chemical compounds which 47 are similar to cannabinon, cannabinol or cannabidiol in chemical 48 structure or which are similar thereto in physiological effect, and which 49 show a like potential for abuse, which are controlled substances under 50 this chapter unless derived from hemp, as defined in section 22-61l;] 51 [(8)] (7) "Controlled drugs" are those drugs which contain any 52 quantity of a substance which has been designated as subject to the 53 federal Controlled Substances Act, or which has been designated as a 54 depressant or stimulant drug pursuant to federal food and drug laws, 55 or which has been designated by the Commissioner of Consumer 56 Protection pursuant to section 21a-243, as having a stimulant, 57 depressant or hallucinogenic effect upon the higher functions of the 58 central nervous system and as having a tendency to promote abuse or 59 psychological or physiological dependence, or both. Such controlled 60 drugs are classifiable as amphetamine-type, barbiturate-type, cannabis-61 type, cocaine-type, hallucinogenic, morphine-type and other stimulant 62 and depressant drugs. Specifically excluded from controlled drugs and 63 controlled substances are alcohol, nicotine and caffeine. [;] 64 [(9)] (8) "Controlled substance" means a drug, substance, or 65 immediate precursor in schedules I to V, inclusive, of the Connecticut 66 controlled substance scheduling regulations adopted pursuant to 67 section 21a-243. [;] 68 [(10)] (9) "Counterfeit substance" means a controlled substance 69 which, or the container or labeling of which, without authorization, 70 bears the trademark, trade name or other identifying mark, imprint, 71 number or device, or any likeness thereof, of a manufacturer, distributor 72 or dispenser other than the person who in fact manufactured, 73 distributed or dispensed the substance. [;] 74 [(11)] (10) "Deliver or delivery" means the actual, constructive or 75 attempted transfer from one person to another of a controlled substance, 76 whether or not there is an agency relationship. [;] 77 Raised Bill No. 6697 LCO No. 4402 4 of 93 [(12)] (11) "Dentist" means a person authorized by law to practice 78 dentistry in this state. [;] 79 [(13)] (12) "Dispense" means to deliver a controlled substance to an 80 ultimate user or research subject by or pursuant to the lawful order of a 81 practitioner, including the prescribing, administering, packaging, 82 labeling or compounding necessary to prepare the substance for the 83 delivery. [;] 84 [(14)] (13) "Dispenser" means a practitioner who dispenses. [;] 85 [(15)] (14) "Distribute" means to deliver other than by administering 86 or dispensing a controlled substance. [;] 87 [(16)] (15) "Distributor" means a person who distributes and includes 88 a wholesaler who is a person supplying or distributing controlled drugs 89 which [he himself] the person personally has not produced or prepared 90 to hospitals, clinics, practitioners, pharmacies, other wholesalers, 91 manufacturers and federal, state and municipal agencies. [;] 92 [(17)] (16) "Drug" means (A) substances recognized as drugs in the 93 official United States Pharmacopoeia, official Homeopathic 94 Pharmacopoeia of the United States, or official National Formulary, or 95 any supplement to any of them; (B) substances intended for use in the 96 diagnosis, cure, mitigation, treatment or prevention of disease in man 97 or animals; (C) substances, other than food, intended to affect the 98 structure or any function of the body of man or animals; and (D) 99 substances intended for use as a component of any article specified in 100 subparagraph (A), (B) or (C) of this subdivision. It does not include 101 devices or their components, parts or accessories. [;] 102 [(18)] (17) "Drug dependence" means a psychoactive substance 103 dependence on drugs as that condition is defined in the most recent 104 edition of the "Diagnostic and Statistical Manual of Mental Disorders" 105 of the American Psychiatric Association. [;] 106 [(19)] (18) "Drug-dependent person" means a person who has a 107 Raised Bill No. 6697 LCO No. 4402 5 of 93 psychoactive substance dependence on drugs as that condition is 108 defined in the most recent edition of the "Diagnostic and Statistical 109 Manual of Mental Disorders" of the American Psychiatric Association. 110 [;] 111 [(20)] (19) (A) "Drug paraphernalia" means equipment, products and 112 materials of any kind that are used, intended for use or designed for use 113 in planting, propagating, cultivating, growing, harvesting, 114 manufacturing, compounding, converting, producing, processing, 115 preparing, testing, analyzing, packaging, repackaging, storing, 116 containing or concealing, or ingesting, inhaling or otherwise 117 introducing into the human body, any controlled substance contrary to 118 the provisions of this chapter including, but not limited to: (i) Kits 119 intended for use or designed for use in planting, propagating, 120 cultivating, growing or harvesting of any species of plant that is a 121 controlled substance or from which a controlled substance can be 122 derived; (ii) kits used, intended for use or designed for use in 123 manufacturing, compounding, converting, producing, processing or 124 preparing controlled substances; (iii) isomerization devices used or 125 intended for use in increasing the potency of any species of plant that is 126 a controlled substance; (iv) testing equipment used, intended for use or 127 designed for use in identifying or analyzing the strength, effectiveness 128 or purity of controlled substances; (v) dilutents and adulterants, 129 including, but not limited to, quinine hydrochloride, mannitol, mannite, 130 dextrose and lactose used, intended for use or designed for use in 131 cutting controlled substances; (vi) separation gins and sifters used, 132 intended for use or designed for use in removing twigs and seeds from, 133 or in otherwise cleaning or refining, marijuana; (vii) capsules and other 134 containers used, intended for use or designed for use in packaging small 135 quantities of controlled substances; (viii) containers and other objects 136 used, intended for use or designed for use in storing or concealing 137 controlled substances; and (ix) objects used, intended for use or 138 designed for use in ingesting, inhaling, or otherwise introducing 139 marijuana, cocaine, hashish, or hashish oil into the human body, 140 including, but not limited to, wooden, acrylic, glass, stone, plastic or 141 Raised Bill No. 6697 LCO No. 4402 6 of 93 ceramic pipes with screens, permanent screens, hashish heads or 142 punctured metal bowls; water pipes; carburetion tubes and devices; 143 smoking and carburetion masks; roach clips; miniature cocaine spoons 144 and cocaine vials; chamber pipes; carburetor pipes; electric pipes; air-145 driven pipes; chillums; bongs; ice pipes and chillers. "Drug 146 paraphernalia" does not include a product used by a manufacturer 147 licensed pursuant to this chapter for the activities permitted under the 148 license or by an individual to test any substance prior to injection, 149 inhalation or ingestion of the substance to prevent accidental overdose 150 by injection, inhalation or ingestion of the substance, provided the 151 licensed manufacturer or individual is not using the product to engage 152 in the unlicensed manufacturing or distribution of controlled 153 substances. As used in this subdivision, "roach clip" means an object 154 used to hold burning material, including, but not limited to, a marijuana 155 cigarette, that has become too small or too short to be held between the 156 fingers. [;] 157 (B) "Factory" means any place used for the manufacturing, mixing, 158 compounding, refining, processing, packaging, distributing, storing, 159 keeping, holding, administering or assembling illegal substances 160 contrary to the provisions of this chapter, or any building, rooms or 161 location which contains equipment or paraphernalia used for this 162 purpose. [;] 163 [(21)] (20) "Federal Controlled Substances Act, 21 USC 801 et seq." 164 means Public Law 91-513, the Comprehensive Drug Abuse Prevention 165 and Control Act of 1970. [;] 166 [(22)] (21) "Federal food and drug laws" means the federal Food, Drug 167 and Cosmetic Act, as amended, Title 21 USC 301 et seq. [;] 168 [(23)] (22) "Hallucinogenic substances" are psychodysleptic 169 substances, other than [cannabis-type substances] marijuana, which 170 assert a confusional or disorganizing effect upon mental processes or 171 behavior and mimic acute psychotic disturbances. Exemplary of such 172 drugs are mescaline, peyote, psilocyn and d-lysergic acid diethylamide, 173 Raised Bill No. 6697 LCO No. 4402 7 of 93 which are controlled substances under this chapter unless modified. [;] 174 (23) "High-THC hemp product" means a manufacturer hemp 175 product, as defined in section 22-61l, as amended by this act, that has a 176 THC concentration or serving size limit, or is advertised, labeled or 177 offered for sale as having a total THC concentration or serving size limit, 178 that exceeds (A) for a hemp edible, hemp topical or hemp transdermal 179 patch (i) one milligram on a per serving basis, (ii) five milligrams on a 180 per container basis, or (iii) three-tenths per cent on a dry-weight basis, 181 (B) for a hemp tincture, including, but not limited to, oil intended for 182 ingestion by swallowing or sublingual absorption (i) twenty-five 183 milligrams on a per container basis, or (ii) three-tenths per cent on a dry-184 weight basis, (C) for a hemp concentrate or extract, including, but not 185 limited to, a vape oil, wax or shatter, three-tenths per cent on a dry-186 weight basis, or (D) for a manufacturer hemp product not described in 187 subparagraph (A), (B) or (C) of this subdivision, (i) one milligram on a 188 per serving basis, (ii) five milligrams on a per container basis, or (iii) 189 three-tenths per cent on a dry-weight basis. 190 (24) "Hospital", as used in sections 21a-243 to 21a-283, inclusive, 191 means an institution for the care and treatment of the sick and injured, 192 approved by the Department of Public Health or the Department of 193 Mental Health and Addiction Services as proper to be entrusted with 194 the custody of controlled drugs and substances and professional use of 195 controlled drugs and substances under the direction of a licensed 196 practitioner. [;] 197 (25) "Intern" means a person who holds a degree of doctor of 198 medicine or doctor of dental surgery or medicine and whose period of 199 service has been recorded with the Department of Public Health and 200 who has been accepted and is participating in training by a hospital or 201 institution in this state. Doctors meeting the foregoing requirements and 202 commonly designated as "residents" and "fellows" shall be regarded as 203 interns for purposes of this chapter. [;] 204 (26) "Immediate precursor" means a substance which the 205 Raised Bill No. 6697 LCO No. 4402 8 of 93 Commissioner of Consumer Protection has found to be, and by 206 regulation designates as being, the principal compound commonly used 207 or produced primarily for use, and which is an immediate chemical 208 intermediary used or likely to be used, in the manufacture of a 209 controlled substance, the control of which is necessary to prevent, curtail 210 or limit manufacture. [;] 211 (27) "Laboratory" means a laboratory approved by the Department of 212 Consumer Protection as proper to be entrusted with the custody of 213 controlled substances and the use of controlled substances for scientific 214 and medical purposes and for purposes of instruction, research or 215 analysis. [;] 216 (28) "Manufacture" means the production, preparation, cultivation, 217 growing, propagation, compounding, conversion or processing of a 218 controlled substance, either directly or indirectly by extraction from 219 substances of natural origin, or independently by means of chemical 220 synthesis, or by a combination of extraction and chemical synthesis, and 221 includes any packaging or repackaging of the substance or labeling or 222 relabeling of its container, except that this term does not include the 223 preparation or compounding of a controlled substance by an individual 224 for [his] the individual's own use or the preparation, compounding, 225 packaging or labeling of a controlled substance: (A) By a practitioner as 226 an incident to [his] the practitioner administering or dispensing of a 227 controlled substance in the course of [his] such practitioner's 228 professional practice, or (B) by a practitioner, or by [his] the 229 practitioner's authorized agent under [his] such practitioner's 230 supervision, for the purpose of, or as an incident to, research, teaching 231 or chemical analysis and not for sale. [;] 232 (29) "Marijuana" means all parts of any plant, or species of the genus 233 cannabis or any infra specific taxon thereof, whether growing or not; the 234 seeds thereof; the resin extracted from any part of the plant; every 235 compound, manufacture, salt, derivative, mixture, or preparation of 236 such plant, its seeds or resin, any [product made using hemp, as defined 237 in section 22-61l, which exceeds three-tenths per cent total THC 238 Raised Bill No. 6697 LCO No. 4402 9 of 93 concentration on a dry-weight basis] high-THC hemp product; 239 manufactured cannabinoids, synthetic cannabinoids, except as 240 provided in subparagraph (E) of this subdivision; or cannabinon, 241 cannabinol or cannabidiol and chemical compounds which are similar 242 to cannabinon, cannabinol or cannabidiol in chemical structure or which 243 are similar thereto in physiological effect, which are controlled 244 substances under this chapter, except cannabidiol derived from hemp, 245 as defined in section 22-61l, as amended by this act, with a total THC 246 concentration of not more than three-tenths per cent on a dry-weight 247 basis. "Marijuana" does not include: (A) The mature stalks of such plant, 248 fiber produced from such stalks, oil or cake made from the seeds of such 249 plant, any other compound, manufacture, salt, derivative, mixture or 250 preparation of such mature stalks, except the resin extracted from such 251 mature stalks or fiber, oil or cake; (B) the sterilized seed of such plant 252 which is incapable of germination; (C) hemp, as defined in section 22-253 61l, as amended by this act, (i) with a total THC concentration of not 254 more than three-tenths per cent on a dry-weight basis, and (ii) that is not 255 a high-THC hemp product; (D) any substance approved by the federal 256 Food and Drug Administration or successor agency as a drug and 257 reclassified in any schedule of controlled substances or unscheduled by 258 the federal Drug Enforcement Administration or successor agency 259 which is included in the same schedule designated by the federal Drug 260 Enforcement Administration or successor agency; or (E) synthetic 261 cannabinoids which are controlled substances that are designated by the 262 Commissioner of Consumer Protection, by whatever official, common, 263 usual, chemical or trade name designation, as controlled substances and 264 are classified in the appropriate schedule in accordance with 265 subsections (i) and (j) of section 21a-243. [;] 266 (30) "Narcotic substance" means any of the following, whether 267 produced directly or indirectly by extraction from a substance of 268 vegetable origin, or independently by means of chemical synthesis, or 269 by a combination of extraction and chemical synthesis: (A) Morphine-270 type: (i) Opium or opiate, or any salt, compound, derivative, or 271 preparation of opium or opiate which is similar to any such substance 272 Raised Bill No. 6697 LCO No. 4402 10 of 93 in chemical structure or which is similar to any such substance in 273 physiological effect and which shows a like potential for abuse, which 274 is a controlled substance under this chapter unless modified; (ii) any 275 salt, compound, isomer, derivative, or preparation of any such 276 substance which is chemically equivalent or identical to any substance 277 referred to in clause (i) of this subdivision, but not including the 278 isoquinoline alkaloids of opium; (iii) opium poppy or poppy straw; or 279 (iv) (I) fentanyl or any salt, compound, derivative or preparation of 280 fentanyl which is similar to any such substance in chemical structure or 281 which is similar to any such substance in physiological effect and which 282 shows a like potential for abuse, which is a controlled substance under 283 this chapter unless modified, or (II) any salt, compound, isomer, 284 derivative or preparation of any such substance which is chemically 285 equivalent or identical to any substance referred to in subclause (I) of 286 this clause; or (B) cocaine-type; coca leaves or any salt, compound, 287 derivative or preparation of coca leaves, or any salt, compound, isomer, 288 derivatives or preparation of any such substance which is chemically 289 equivalent or identical to any such substance or which is similar to any 290 such substance in physiological effect and which shows a like potential 291 for abuse, but not including decocainized coca leaves or extractions of 292 coca leaves which do not contain cocaine or ecgonine. [;] 293 (31) "Nurse" means a person performing nursing as defined in section 294 20-87a. [;] 295 (32) "Official written order" means an order for controlled substances 296 written on a form provided by the bureau for that purpose under the 297 federal Controlled Substances Act. [;] 298 (33) "Opiate" means any substance having an addiction-forming or 299 addiction-sustaining liability similar to morphine or being capable of 300 conversion into a drug having addiction-forming or addiction-301 sustaining liability; it does not include, unless specifically designated as 302 controlled under this chapter, the dextrorotatory isomer of 3-methoxy-303 n-methylmorthinan and its salts (dextro-methorphan) but shall include 304 its racemic and levorotatory forms. [;] 305 Raised Bill No. 6697 LCO No. 4402 11 of 93 (34) "Opium poppy" means the plant of the species papaver 306 somniferum l., except its seed. [;] 307 (35) Repealed by P.A. 99-102, S. 51. [;] 308 (36) "Other stimulant and depressant drugs" means controlled 309 substances other than amphetamine-type, barbiturate-type, cannabis-310 type, cocaine-type, hallucinogenics and morphine-type which are found 311 to exert a stimulant and depressant effect upon the higher functions of 312 the central nervous system and which are found to have a potential for 313 abuse and are controlled substances under this chapter. [;] 314 (37) "Person" includes any corporation, limited liability company, 315 association or partnership, or one or more individuals, government or 316 governmental subdivisions or agency, business trust, estate, trust, or 317 any other legal entity. Words importing the plural number may include 318 the singular; words importing the masculine gender may be applied to 319 females. [;] 320 (38) "Pharmacist" means a person authorized by law to practice 321 pharmacy pursuant to section 20-590, 20-591, 20-592 or 20-593. [;] 322 (39) "Pharmacy" means an establishment licensed pursuant to section 323 20-594. [;] 324 (40) "Physician" means a person authorized by law to practice 325 medicine in this state pursuant to section 20-9. [;] 326 (41) "Podiatrist" means a person authorized by law to practice 327 podiatry in this state. [;] 328 (42) "Poppy straw" means all parts, except the seeds, of the opium 329 poppy, after mowing. [;] 330 (43) "Practitioner" means: (A) A physician, dentist, veterinarian, 331 podiatrist, scientific investigator or other person licensed, registered or 332 otherwise permitted to distribute, dispense, conduct research with 333 respect to or to administer a controlled substance in the course of 334 Raised Bill No. 6697 LCO No. 4402 12 of 93 professional practice or research in this state; (B) a pharmacy, hospital 335 or other institution licensed, registered or otherwise permitted to 336 distribute, dispense, conduct research with respect to or to administer a 337 controlled substance in the course of professional practice or research in 338 this state. [;] 339 (44) "Prescribe" means order or designate a remedy or any 340 preparation containing controlled substances. [;] 341 (45) "Prescription" means a written, oral or electronic order for any 342 controlled substance or preparation from a licensed practitioner to a 343 pharmacist for a patient. [;] 344 (46) "Production" includes the manufacture, planting, cultivation, 345 growing or harvesting of a controlled substance. [;] 346 (47) "Registrant" means any person licensed by this state and 347 assigned a current federal Bureau of Narcotics and Dangerous Drug 348 Registry Number as provided under the federal Controlled Substances 349 Act. [;] 350 (48) "Registry number" means the alphabetical or numerical 351 designation of identification assigned to a person by the federal Drug 352 Enforcement Administration, or other federal agency, which is 353 commonly known as the federal registry number. [;] 354 (49) "Restricted drugs or substances" are the following substances 355 without limitation and for all purposes: Datura stramonium; 356 hyoscyamus niger; atropa belladonna, or the alkaloids atropine; 357 hyoscyamine; belladonnine; apatropine; or any mixture of these 358 alkaloids such as daturine, or the synthetic homatropine or any salts of 359 these alkaloids, except that any drug or preparation containing any of 360 the above-mentioned substances which is permitted by federal food and 361 drug laws to be sold or dispensed without a prescription or written 362 order shall not be a controlled substance; amyl nitrite; the following 363 volatile substances to the extent that said chemical substances or 364 compounds containing said chemical substances are sold, prescribed, 365 Raised Bill No. 6697 LCO No. 4402 13 of 93 dispensed, compounded, possessed or controlled or delivered or 366 administered to another person with the purpose that said chemical 367 substances shall be breathed, inhaled, sniffed or drunk to induce a 368 stimulant, depressant or hallucinogenic effect upon the higher functions 369 of the central nervous system: Acetone; benzene; butyl alcohol; butyl 370 nitrate and its salts, isomers, esters, ethers or their salts; cyclohexanone; 371 dichlorodifluoromethane; ether; ethyl acetate; formaldehyde; hexane; 372 isopropanol; methanol; methyl cellosolve acetate; methyl ethyl ketone; 373 methyl isobutyl ketone; nitrous oxide; pentochlorophenol; toluene; 374 toluol; trichloroethane; trichloroethylene; 1,4 butanediol. [;] 375 (50) "Sale" is any form of delivery which includes barter, exchange or 376 gift, or offer therefor, and each such transaction made by any person 377 whether as principal, proprietor, agent, servant or employee. [;] 378 (51) "State", when applied to a part of the United States, includes any 379 state, district, commonwealth, territory or insular possession thereof, 380 and any area subject to the legal authority of the United States of 381 America. [;] 382 (52) "State food, drug and cosmetic laws" means the Uniform Food, 383 Drug and Cosmetic Act, section 21a-91 et seq. [;] 384 (53) "Ultimate user" means a person who lawfully possesses a 385 controlled substance for [his] the person's own use or for the use of a 386 member of [his] such person's household or for administering to an 387 animal owned by [him] such person or by a member of [his] such 388 person's household. [;] 389 (54) "Veterinarian" means a person authorized by law to practice 390 veterinary medicine in this state. [;] 391 (55) "Wholesaler" means a distributor or a person who supplies 392 controlled substances that [he himself] the person personally has not 393 produced or prepared to registrants. [as defined in subdivision (47) of 394 this section;] 395 Raised Bill No. 6697 LCO No. 4402 14 of 93 (56) "Reasonable times" means the time or times any office, care-396 giving institution, pharmacy, clinic, wholesaler, manufacturer, 397 laboratory, warehouse, establishment, store or place of business, vehicle 398 or other place is open for the normal affairs or business or the practice 399 activities usually conducted by the registrant. [;] 400 (57) "Unit dose drug distribution system" means a drug distribution 401 system used in a hospital or chronic and convalescent nursing home in 402 which drugs are supplied in individually labeled unit of use packages, 403 each patient's supply of drugs is exchanged between the hospital 404 pharmacy and the drug administration area or, in the case of a chronic 405 and convalescent nursing home between a pharmacy and the drug 406 administration area, at least once each twenty-four hours and each 407 patient's medication supply for this period is stored within a patient-408 specific container, all of which is conducted under the direction of a 409 pharmacist licensed in Connecticut and, in the case of a hospital, directly 410 involved in the provision and supervision of pharmaceutical services at 411 such hospital at least thirty-five hours each week. [;] 412 (58) "Cocaine in a free-base form" means any substance which 413 contains cocaine, or any compound, isomer, derivative or preparation 414 thereof, in a nonsalt form. 415 (59) "THC" means tetrahydrocannabinol, including, but not limited 416 to, delta-7, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol 417 and delta-10-tetrahydrocannabinol, and any material, compound, 418 mixture or preparation which contain their salts, isomers and salts of 419 isomers, whenever the existence of such salts, isomers and salts of 420 isomers is possible within the specific chemical designation, regardless 421 of the source, except: (A) Dronabinol substituted in sesame oil and 422 encapsulated in a soft gelatin capsule in a federal Food and Drug 423 Administration or successor agency approved product, or (B) any 424 tetrahydrocannabinol product that has been approved by the federal 425 Food and Drug Administration or successor agency to have a medical 426 use and reclassified in any schedule of controlled substances or 427 unscheduled by the federal Drug Enforcement Administration or 428 Raised Bill No. 6697 LCO No. 4402 15 of 93 successor agency. 429 (60) "Total THC" means the sum of the percentage by weight of 430 tetrahydrocannabinolic acid, multiplied by eight hundred seventy-431 seven-thousandths, plus the percentage of weight of 432 tetrahydrocannabinol. 433 (61) "Manufactured cannabinoid" means cannabinoids naturally 434 occurring from a source other than marijuana that are similar in 435 chemical structure or physiological effect to cannabinoids derived from 436 marijuana, as defined in section 21a-243, but are derived by a chemical 437 or biological process. 438 (62) "Synthetic cannabinoid" means any material, compound, mixture 439 or preparation which contains any quantity of a substance having a 440 psychotropic response primarily by agonist activity at cannabinoid-441 specific receptors affecting the central nervous system that is produced 442 artificially and not derived from an organic source naturally containing 443 cannabinoids, unless listed in another schedule pursuant to section 21a-444 243. 445 Sec. 2. Section 21a-408 of the general statutes is repealed and the 446 following is substituted in lieu thereof (Effective October 1, 2023): 447 As used in this section, sections 21a-408a to 21a-408o, inclusive, and 448 sections 21a-408r to 21a-408v, inclusive, as amended by this act, unless 449 the context otherwise requires: 450 (1) "Advanced practice registered nurse" means an advanced practice 451 registered nurse licensed pursuant to chapter 378; 452 (2) "Cannabis establishment" has the same meaning as provided in 453 section 21a-420, as amended by this act; 454 (3) "Cannabis testing laboratory" means a person who (A) is located 455 in this state, (B) is licensed by the department to analyze marijuana, and 456 (C) meets the licensure requirements established in section 21a-408r, as 457 amended by this act, and the regulations adopted pursuant to 458 Raised Bill No. 6697 LCO No. 4402 16 of 93 subsection (d) of section 21a-408r, as amended by this act; 459 (4) "Cannabis testing laboratory employee" means a person who is 460 (A) employed at a cannabis testing laboratory, and (B) registered 461 pursuant to section 21a-408r, as amended by this act, and the regulations 462 adopted pursuant to subsection (d) of section 21a-408r, as amended by 463 this act; 464 [(3)] (5) "Cultivation" includes planting, propagating, cultivating, 465 growing and harvesting; 466 [(4)] (6) "Debilitating medical condition" means (A) cancer, glaucoma, 467 positive status for human immunodeficiency virus or acquired immune 468 deficiency syndrome, Parkinson's disease, multiple sclerosis, damage to 469 the nervous tissue of the spinal cord with objective neurological 470 indication of intractable spasticity, epilepsy or uncontrolled intractable 471 seizure disorder, cachexia, wasting syndrome, Crohn's disease, 472 posttraumatic stress disorder, irreversible spinal cord injury with 473 objective neurological indication of intractable spasticity, cerebral palsy, 474 cystic fibrosis or terminal illness requiring end-of-life care, except, if the 475 qualifying patient is under eighteen years of age, "debilitating medical 476 condition" means terminal illness requiring end-of-life care, irreversible 477 spinal cord injury with objective neurological indication of intractable 478 spasticity, cerebral palsy, cystic fibrosis, severe epilepsy or uncontrolled 479 intractable seizure disorder, or (B) any medical condition, medical 480 treatment or disease approved for qualifying patients by the 481 Department of Consumer Protection and posted online pursuant to 482 section 21a-408l; 483 [(5)] (7) "Dispensary facility" means a place of business where 484 marijuana may be dispensed, sold or distributed in accordance with this 485 chapter and any regulations adopted thereunder to qualifying patients 486 and caregivers and for which the department has issued a dispensary 487 facility license pursuant to this chapter; 488 [(6)] (8) "Employee" has the same meaning as provided in section 21a-489 420, as amended by this act; 490 Raised Bill No. 6697 LCO No. 4402 17 of 93 [(7)] (9) "Institutional animal care and use committee" means a 491 committee that oversees an organization's animal program, facilities 492 and procedures to ensure compliance with federal policies, guidelines 493 and principles related to the care and use of animals in research; 494 [(8)] (10) "Institutional review board" means a specifically constituted 495 review body established or designated by an organization to protect the 496 rights and welfare of persons recruited to participate in biomedical, 497 behavioral or social science research; 498 [(9) "Laboratory" means a laboratory located in the state that is 499 licensed by the department to provide analysis of marijuana and that 500 meets the licensure requirements set forth in section 21a-246; 501 (10) "Laboratory employee" means a person who is registered as a 502 laboratory employee pursuant to section 21a-408r;] 503 (11) "Licensed dispensary" or "dispensary" means an individual who 504 is a licensed pharmacist employed by a dispensary facility or hybrid 505 retailer; 506 (12) "Producer" means a person who is licensed as a producer 507 pursuant to section 21a-408i; 508 (13) "Marijuana" means marijuana, as defined in section 21a-240, as 509 amended by this act; 510 (14) "Nurse" means a person who is licensed as a nurse under chapter 511 378; 512 (15) "Palliative use" means the acquisition, distribution, transfer, 513 possession, use or transportation of marijuana or paraphernalia relating 514 to marijuana, including the transfer of marijuana and paraphernalia 515 relating to marijuana from the patient's caregiver to the qualifying 516 patient, to alleviate a qualifying patient's symptoms of a debilitating 517 medical condition or the effects of such symptoms, but does not include 518 any such use of marijuana by any person other than the qualifying 519 patient; 520 Raised Bill No. 6697 LCO No. 4402 18 of 93 (16) "Paraphernalia" means drug paraphernalia, as defined in section 521 21a-240, as amended by this act; 522 (17) "Physician" means a person who is licensed as a physician under 523 chapter 370; 524 (18) "Physician assistant" means a person who is licensed as a 525 physician assistant under chapter 370; 526 (19) "Caregiver" means a person, other than the qualifying patient 527 and the qualifying patient's physician, physician assistant or advanced 528 practice registered nurse, who is eighteen years of age or older and has 529 agreed to undertake responsibility for managing the well-being of the 530 qualifying patient with respect to the palliative use of marijuana, 531 provided (A) in the case of a qualifying patient (i) under eighteen years 532 of age and not an emancipated minor, or (ii) otherwise lacking legal 533 capacity, such person shall be a parent, guardian or person having legal 534 custody of such qualifying patient, and (B) in the case of a qualifying 535 patient eighteen years of age or older or an emancipated minor, the need 536 for such person shall be evaluated by the qualifying patient's physician, 537 physician assistant or advanced practice registered nurse and such need 538 shall be documented in the written certification; 539 (20) "Qualifying patient" means a person who: (A) Is a resident of 540 Connecticut, (B) has been diagnosed by a physician, physician assistant 541 or advanced practice registered nurse as having a debilitating medical 542 condition, and (C) (i) is eighteen years of age or older, (ii) is an 543 emancipated minor, or (iii) has written consent from a custodial parent, 544 guardian or other person having legal custody of such person that 545 indicates that such person has permission from such parent, guardian 546 or other person for the palliative use of marijuana for a debilitating 547 medical condition and that such parent, guardian or other person will 548 (I) serve as a caregiver for the qualifying patient, and (II) control the 549 acquisition and possession of marijuana and any related paraphernalia 550 for palliative use on behalf of such person. "Qualifying patient" does not 551 include an inmate confined in a correctional institution or facility under 552 Raised Bill No. 6697 LCO No. 4402 19 of 93 the supervision of the Department of Correction; 553 (21) "Research program" means a study approved by the Department 554 of Consumer Protection in accordance with this chapter and undertaken 555 to increase information or knowledge regarding the growth or 556 processing of marijuana, or the medical attributes, dosage forms, 557 administration or use of marijuana to treat or alleviate symptoms of any 558 medical conditions or the effects of such symptoms; 559 (22) "Research program employee" means a person who (A) is 560 registered as a research program employee under section 21a-408t, or 561 (B) holds a temporary certificate of registration issued pursuant to 562 section 21a-408t; 563 (23) "Research program subject" means a person registered as a 564 research program subject pursuant to section 21a-408v; 565 (24) "Usable marijuana" means the dried leaves and flowers of the 566 marijuana plant, and any mixtures or preparations of such leaves and 567 flowers, that are appropriate for the palliative use of marijuana, but does 568 not include the seeds, stalks and roots of the marijuana plant; and 569 (25) "Written certification" means a written certification issued by a 570 physician, physician assistant or advanced practice registered nurse 571 pursuant to section 21a-408c. 572 Sec. 3. Subsection (a) of section 21a-408b of the general statutes is 573 repealed and the following is substituted in lieu thereof (Effective from 574 passage): 575 (a) No person may serve as a caregiver for a qualifying patient [(1)] 576 unless such qualifying patient has a valid registration certificate from 577 the Department of Consumer Protection pursuant to subsection (a) of 578 section 21a-408d. [, and (2) if such person has been convicted of a 579 violation of any law pertaining to the illegal manufacture, sale or 580 distribution of a controlled substance.] A caregiver may not be 581 responsible for the care of more than one qualifying patient at any time, 582 Raised Bill No. 6697 LCO No. 4402 20 of 93 except that a caregiver may be responsible for the care of more than one 583 qualifying patient if the caregiver and each qualifying patient have a 584 parental, grandparental, guardianship, conservatorship, spousal or 585 sibling relationship. 586 Sec. 4. Subsection (a) of section 21a-408j of the general statutes is 587 repealed and the following is substituted in lieu thereof (Effective October 588 1, 2023): 589 (a) No dispensary facility or employee of the dispensary facility may: 590 (1) Acquire marijuana from a person other than a producer from a 591 cultivator, micro-cultivator, product manufacturer, food and beverage 592 manufacturer, product packager, or transporter, as such terms are 593 defined in section 21a-420, as amended by this act; (2) transfer or 594 transport marijuana to a person who is not (A) a qualifying patient 595 registered under section 21a-408d; (B) a caregiver of such qualifying 596 patient; (C) a hospice or other inpatient care facility licensed by the 597 Department of Public Health pursuant to chapter 368v that has a 598 protocol for the handling and distribution of marijuana that has been 599 approved by the Department of Consumer Protection; (D) a cannabis 600 testing laboratory; (E) an organization engaged in a research program; 601 (F) a delivery service, as defined in section 21a-420, as amended by this 602 act; or (G) a transporter, as defined in section 21a-420, as amended by 603 this act; or (3) obtain or transport marijuana outside of this state in 604 violation of state or federal law. 605 Sec. 5. Section 21a-408k of the general statutes is repealed and the 606 following is substituted in lieu thereof (Effective October 1, 2023): 607 (a) No producer or employee of the producer may: (1) Sell, deliver, 608 transport or distribute marijuana to a person who is not (A) a cannabis 609 establishment, (B) a cannabis testing laboratory, or (C) an organization 610 engaged in a research program, or (2) obtain or transport marijuana 611 outside of this state in violation of state or federal law. 612 (b) No licensed producer or employee of the producer acting within 613 the scope of [his or her] such employee's employment shall be subject to 614 Raised Bill No. 6697 LCO No. 4402 21 of 93 arrest or prosecution or penalized in any manner, including, but not 615 limited to, being subject to any civil penalty, or denied any right or 616 privilege, including, but not limited to, being subject to any disciplinary 617 action by a professional licensing board, for cultivating marijuana or 618 selling, delivering, transferring, transporting or distributing marijuana 619 to a cannabis establishment, cannabis testing laboratory or research 620 program. 621 Sec. 6. Subsections (a) to (d), inclusive, of section 21a-408r of the 622 general statutes are repealed and the following is substituted in lieu 623 thereof (Effective October 1, 2023): 624 (a) No person may act as a cannabis testing laboratory or represent 625 that such person is a cannabis testing laboratory unless such person has 626 (1) obtained a license from the Commissioner of Consumer Protection 627 pursuant to this section, or (2) (A) been granted approval by the 628 Commissioner of Consumer Protection as of October 1, 2021, and (B) 629 submitted an application to the Commissioner of Consumer Protection 630 for licensure pursuant to this section in a form and manner prescribed 631 by the commissioner. Such person may continue to act as a cannabis 632 testing laboratory until such application for licensure under this section 633 is approved or denied by the Commissioner of Consumer Protection. 634 The fee to receive a provisional license as a cannabis testing laboratory 635 shall be five hundred dollars, and the fee to receive a final license, or 636 renewal of a final license, as a cannabis testing laboratory shall be one 637 thousand dollars. 638 (b) Except as provided in subsection (c) of this section, no person may 639 act as a cannabis testing laboratory employee or represent that such 640 person is a cannabis testing laboratory employee unless such person has 641 obtained a registration from the Commissioner of Consumer Protection 642 pursuant to this section. 643 (c) Prior to the effective date of regulations adopted under this 644 section, the Commissioner of Consumer Protection may issue a 645 temporary certificate of registration to a cannabis testing laboratory 646 Raised Bill No. 6697 LCO No. 4402 22 of 93 employee. The commissioner shall prescribe the standards, procedures 647 and fees for obtaining a temporary certificate of registration as a 648 cannabis testing laboratory employee. 649 (d) The Commissioner of Consumer Protection shall adopt 650 regulations, in accordance with chapter 54, to (1) provide for the 651 licensure or registration of cannabis testing laboratories and cannabis 652 testing laboratory employees, (2) establish standards and procedures for 653 the revocation, suspension, summary suspension and nonrenewal of 654 cannabis testing laboratory licenses and cannabis testing laboratory 655 employee registrations, provided such standards and procedures are 656 consistent with the provisions of subsection (c) of section 4-182, (3) 657 establish a [license or] registration renewal fee for each [licensed 658 laboratory and] registered cannabis testing laboratory employee, 659 provided the aggregate amount of such [license, registration and 660 renewal] fees shall not be less than the amount necessary to cover the 661 direct and indirect cost of [licensing,] registering and regulating 662 [laboratories and] cannabis testing laboratory employees in accordance 663 with the provisions of this chapter, (4) establish procedures by which 664 cannabis testing laboratories shall accept marijuana samples from 665 qualifying patients, and cannabis samples from consumers, for testing, 666 and [(4)] (5) establish other licensing, registration, renewal and 667 operational standards deemed necessary by the commissioner. For the 668 purposes of this subsection, "cannabis" and "consumer" have the same 669 meanings as provided in section 21a-420, as amended by this act. 670 Sec. 7. Section 21a-408s of the general statutes is repealed and the 671 following is substituted in lieu thereof (Effective October 1, 2023): 672 (a) No cannabis testing laboratory or cannabis testing laboratory 673 employee may (1) acquire marijuana from a person other than a 674 cannabis establishment or an organization engaged in a research 675 program, (2) deliver, transport or distribute marijuana to (A) a person 676 who is not a cannabis establishment from which the marijuana was 677 originally acquired by the cannabis testing laboratory or cannabis 678 testing laboratory employee, or (B) an organization not engaged in a 679 Raised Bill No. 6697 LCO No. 4402 23 of 93 research program, or (3) obtain or transport marijuana outside of this 680 state in violation of state or federal law. 681 (b) (1) No cannabis testing laboratory employee acting within the 682 scope of [his or her] such cannabis testing employee's employment shall 683 be subject to arrest or prosecution, penalized in any manner, including, 684 but not limited to, being subject to any civil penalty, or denied any right 685 or privilege, including, but not limited to, being subject to any 686 disciplinary action by a professional licensing board, for acquiring, 687 possessing, delivering, transporting or distributing marijuana to a 688 cannabis establishment or an organization engaged in an approved 689 research program under the provisions of this chapter. 690 (2) No cannabis testing laboratory shall be subject to prosecution, 691 penalized in any manner, including, but not limited to, being subject to 692 any civil penalty or denied any right or privilege, for acquiring, 693 possessing, delivering, transporting or distributing marijuana to a 694 cannabis establishment or an organization engaged in an approved 695 research program under the provisions of this chapter. 696 (c) A cannabis testing laboratory shall be independent from all other 697 persons involved in the marijuana industry in Connecticut, which shall 698 mean that no person with a direct or indirect financial, managerial or 699 controlling interest in the cannabis testing laboratory shall have a direct 700 or indirect financial, managerial or controlling interest in a cannabis 701 establishment or any other entity that may benefit from the laboratory 702 test results for a cannabis or marijuana sample or product. 703 (d) A cannabis testing laboratory shall maintain all minimum security 704 and safeguard requirements for the storage of handling of controlled 705 substances as a laboratory that is licensed to provide analysis of 706 controlled substances pursuant to section 21a-246 and any regulations 707 adopted thereunder. 708 Sec. 8. Section 21a-408u of the general statutes is repealed and the 709 following is substituted in lieu thereof (Effective October 1, 2023): 710 Raised Bill No. 6697 LCO No. 4402 24 of 93 (a) No research program or research program employee may (1) 711 acquire marijuana from a person other than a cannabis establishment or 712 cannabis testing laboratory, (2) deliver, transport or distribute 713 marijuana to a person who is not (A) a cannabis establishment, (B) a 714 cannabis testing laboratory, or (C) a research program subject, (3) 715 distribute or administer marijuana to an animal unless such animal is an 716 animal research subject, or (4) obtain or transport marijuana outside of 717 this state in violation of state or federal law. 718 (b) No research program employee acting within the scope of [his or 719 her] such research program employee's employment shall be subject to 720 arrest or prosecution, penalized in any manner, including, but not 721 limited to, being subject to any civil penalty, or denied any right or 722 privilege, including, but not limited to, being subject to any disciplinary 723 action by a professional licensing board, for acquiring, possessing, 724 delivering, transporting or distributing marijuana to a cannabis 725 establishment or cannabis testing laboratory, or a research program 726 subject or distributing or administering marijuana to an animal research 727 subject under the provisions of this chapter. 728 Sec. 9. Section 21a-420 of the general statutes is repealed and the 729 following is substituted in lieu thereof (Effective October 1, 2023): 730 As used in RERACA, unless the context otherwise requires: 731 (1) "Responsible and Equitable Regulation of Adult-Use Cannabis 732 Act" or "RERACA" means this section, sections 2-56j, 7-294kk, 7-294ll, 733 12-330ll to 12-330nn, inclusive, 14-227p, 21a-278b, 21a-278c, 21a-279c, 734 21a-279d, 21a-420a to 21a-420i, inclusive, 21a-420l to 21a-421r, inclusive, 735 21a-421aa to 21a-421ff, inclusive, 21a-421aaa to 21a-421ggg, inclusive, 736 21a-422 to 21a-422c, inclusive, 21a-422e to 21a-422g, inclusive, 21a-422j 737 to 21a-422s, inclusive, 22-61n, 23-4b, 47a-9a, as amended by this act, 53-738 247a, 53a-213a, 53a-213b, 54-33p, 54-56q, 54-56r, 54-125k and 54-142u, 739 sections 23, 60, 63 to 65, inclusive, 124, 144 and 165 of public act 21-1 of 740 the June special session and the amendments in public act 21-1 of the 741 June special session to sections 7-148, 10-221, as amended by this act, 12-742 Raised Bill No. 6697 LCO No. 4402 25 of 93 30a, 12-35b, 12-412, 12-650, 12-704d, 14-44k, 14-111e, 14-227a to 14-227c, 743 inclusive, 14-227j, 15-140q, 15-140r, 18-100h, 19a-342, 19a-342a, 21a-267, 744 as amended by this act, 21a-277, as amended by this act, 21a-279, 21a-745 279a, 21a-408 to 21a-408f, inclusive, as amended by this act, 21a-408h to 746 21a-408p, inclusive, 21a-408r to 21a-408v, inclusive, as amended by this 747 act, 30-89a, 31-40q, 32-39, 46b-120, 51-164n, 53-394, 53a-39c, 54-1m, 54-748 33g, 54-41b, 54-56e, 54-56g, 54-56i, 54-56k, 54-56n, 54-63d, 54-66a, 54-749 142e, 21a-421hhh and 21a-420j, as amended by this act; 750 (2) "Backer" means any individual with a direct or indirect financial 751 interest in a cannabis establishment. "Backer" does not include an 752 individual with an investment interest in a cannabis establishment if (A) 753 the interest held by such individual and such individual's spouse, 754 parent or child, in the aggregate, does not exceed five per cent of the 755 total ownership or interest rights in such cannabis establishment, and 756 (B) such individual does not participate directly or indirectly in the 757 control, management or operation of the cannabis establishment; 758 (3) "Cannabis" means marijuana, as defined in section 21a-240, as 759 amended by this act; 760 (4) "Cannabis establishment" means a producer, dispensary facility, 761 cultivator, micro-cultivator, retailer, hybrid retailer, food and beverage 762 manufacturer, product manufacturer, product packager, delivery 763 service or transporter; 764 (5) "Cannabis flower" means the flower, including abnormal and 765 immature flowers, of a plant of the genus cannabis that has been 766 harvested, dried and cured, and prior to any processing whereby the 767 flower material is transformed into a cannabis product. "Cannabis 768 flower" does not include (A) the leaves or stem of such plant, or (B) 769 hemp, as defined in section 22-61l, as amended by this act; 770 (6) "Cannabis testing laboratory" means a laboratory that (A) is 771 located in this state, (B) is licensed by the department to analyze 772 cannabis, and (C) meets the licensure requirements established in 773 section 21a-408r, as amended by this act, and the regulations adopted 774 Raised Bill No. 6697 LCO No. 4402 26 of 93 pursuant to subsection (d) of section 21a-408r, as amended by this act; 775 (7) "Cannabis testing laboratory employee" means an individual who 776 is (A) employed at a cannabis testing laboratory, and (B) registered 777 pursuant to section 21a-408r, as amended by this act, and the regulations 778 adopted pursuant to subsection (d) of section 21a-408r, as amended by 779 this act; 780 [(6)] (8) "Cannabis trim" means all parts, including abnormal or 781 immature parts, of a plant of the genus cannabis, other than cannabis 782 flower, that have been harvested, dried and cured, and prior to any 783 processing whereby the plant material is transformed into a cannabis 784 product. "Cannabis trim" does not include hemp, as defined in section 785 22-61l, as amended by this act; 786 [(7)] (9) "Cannabis product" means cannabis that is in the form of a 787 cannabis concentrate or a product that contains cannabis, which may be 788 combined with other ingredients, and is intended for use or 789 consumption. "Cannabis product" does not include the raw cannabis 790 plant; 791 [(8)] (10) "Cannabis concentrate" means any form of concentration, 792 including, but not limited to, extracts, oils, tinctures, shatter and waxes, 793 that is extracted from cannabis; 794 [(9) "Cannabis-type substances" have the same mea ning as 795 "marijuana", as defined in section 21a-240;] 796 [(10)] (11) "Commissioner" means the Commissioner of Consumer 797 Protection and includes any designee of the commissioner; 798 [(11)] (12) "Consumer" means an individual who is twenty-one years 799 of age or older; 800 [(12)] (13) "Cultivation" has the same meaning as provided in section 801 21a-408, as amended by this act; 802 [(13)] (14) "Cultivator" means a person that is licensed to engage in 803 Raised Bill No. 6697 LCO No. 4402 27 of 93 the cultivation, growing and propagation of the cannabis plant at an 804 establishment with not less than fifteen thousand square feet of grow 805 space; 806 [(14)] (15) "Delivery service" means a person that is licensed to deliver 807 cannabis from (A) micro-cultivators, retailers and hybrid retailers to 808 consumers and research program subjects, and (B) hybrid retailers and 809 dispensary facilities to qualifying patients, caregivers and research 810 program subjects, as defined in section 21a-408, as amended by this act, 811 or to hospices or other inpatient care facilities licensed by the 812 Department of Public Health pursuant to chapter 368v that have a 813 protocol for the handling and distribution of cannabis that has been 814 approved by the department, or a combination thereof; 815 [(15)] (16) "Department" means the Department of Consumer 816 Protection; 817 [(16)] (17) "Dispensary facility" means a place of business where 818 cannabis may be dispensed, sold or distributed in accordance with 819 chapter 420f and any regulations adopted thereunder, to qualifying 820 patients and caregivers, and to which the department has issued a 821 dispensary facility license under chapter 420f and any regulations 822 adopted thereunder; 823 [(17)] (18) "Disproportionately impacted area" means a United States 824 census tract in the state that has, as determined by the Social Equity 825 Council under section 21a-420d, as amended by this act, (A) a historical 826 conviction rate for drug-related offenses greater than one-tenth, or (B) 827 an unemployment rate greater than ten per cent; 828 [(18)] (19) "Disqualifying conviction" means a conviction within the 829 last ten years which has not been the subject of an absolute pardon 830 under the provisions of section 54-130a, or an equivalent pardon process 831 under the laws of another state or the federal government, for an offense 832 under (A) section 53a-276, 53a-277 or 53a-278; (B) section 53a-291, 53a-833 292 or 53a-293; (C) section 53a-215; (D) section 53a-138 or 53a-139; (E) 834 section 53a-142a; (F) sections 53a-147 to 53a-162, inclusive; (G) sections 835 Raised Bill No. 6697 LCO No. 4402 28 of 93 53a-125c to 53a-125f, inclusive; (H) section 53a-129b, 53a-129c or 53a-836 129d; (I) subsection (b) of section 12-737; (J) section 53a-48 or 53a-49, if 837 the offense which is attempted or is an object of the conspiracy is an 838 offense under the statutes listed in subparagraphs (A) to (I), inclusive, 839 of this subdivision; or (K) the law of any other state or of the federal 840 government, if the offense on which such conviction is based is defined 841 by elements that substantially include the elements of an offense under 842 the statutes listed in subparagraphs (A) to (J), inclusive, of this 843 subdivision; 844 [(19)] (20) "Dispensary technician" means an individual who has had 845 an active pharmacy technician or dispensary technician registration in 846 this state within the past five years, is affiliated with a dispensary facility 847 or hybrid retailer and is registered with the department in accordance 848 with chapter 420f and any regulations adopted thereunder; 849 [(20)] (21) "Employee" means any person who is not a backer, but is a 850 member of the board of a company with an ownership interest in a 851 cannabis establishment, and any person employed by a cannabis 852 establishment or who otherwise has access to such establishment or the 853 vehicles used to transport cannabis, including, but not limited to, an 854 independent contractor who has routine access to the premises of such 855 establishment or to the cannabis handled by such establishment; 856 [(21)] (22) "Equity" and "equitable" means efforts, regulations, 857 policies, programs, standards, processes and any other functions of 858 government or principles of law and governance intended to: (A) 859 Identify and remedy past and present patterns of discrimination and 860 disparities of race, ethnicity, gender and sexual orientation; (B) ensure 861 that such patterns of discrimination and disparities, whether intentional 862 or unintentional, are neither reinforced nor perpetuated; and (C) 863 prevent the emergence and persistence of foreseeable future patterns of 864 discrimination or disparities of race, ethnicity, gender and sexual 865 orientation; 866 [(22)] (23) "Equity joint venture" means a business entity that is at 867 Raised Bill No. 6697 LCO No. 4402 29 of 93 least fifty per cent owned and controlled by an individual or 868 individuals, or such applicant is an individual, who meets the criteria of 869 subparagraphs (A) and (B) of subdivision [(48)] (47) of this section; 870 [(23)] (24) "Extract" means the preparation, compounding, conversion 871 or processing of cannabis, either directly or indirectly by extraction or 872 independently by means of chemical synthesis, or by a combination of 873 extraction and chemical synthesis to produce a cannabis concentrate; 874 [(24)] (25) "Financial interest" means any right to, ownership, an 875 investment or a compensation arrangement with another person, 876 directly, through business, investment or family. "Financial interest" 877 does not include ownership of investment securities in a publicly-held 878 corporation that is traded on a national exchange or over-the-counter 879 market, provided the investment securities held by such person and 880 such person's spouse, parent or child, in the aggregate, do not exceed 881 one-half of one per cent of the total number of shares issued by the 882 corporation; 883 [(25)] (26) "Food and beverage manufacturer" means a person that is 884 licensed to own and operate a place of business that acquires cannabis 885 and creates food and beverages; 886 [(26)] (27) "Grow space" means the portion of a premises owned and 887 controlled by a producer, cultivator or micro-cultivator that is utilized 888 for the cultivation, growing or propagation of the cannabis plant, and 889 contains cannabis plants in an active stage of growth, measured starting 890 from the outermost wall of the room containing cannabis plants and 891 continuing around the outside of the room. "Grow space" does not 892 include space used to cure, process, store harvested cannabis or 893 manufacture cannabis once the cannabis has been harvested; 894 [(27)] (28) "Historical conviction count for drug-related offenses" 895 means, for a given area, the number of convictions of residents of such 896 area (A) for violations of sections 21a-267, as amended by this act, 21a-897 277, as amended by this act, 21a-278, as amended by this act, 21a-279 898 and 21a-279a, and (B) who were arrested for such violations between 899 Raised Bill No. 6697 LCO No. 4402 30 of 93 January 1, 1982, and December 31, 2020, inclusive, where such arrest 900 was recorded in databases maintained by the Department of Emergency 901 Services and Public Protection; 902 [(28)] (29) "Historical conviction rate for drug-related offenses" 903 means, for a given area, the historical conviction count for drug-related 904 offenses divided by the population of such area, as determined by the 905 five-year estimates of the most recent American Community Survey 906 conducted by the United States Census Bureau; 907 [(29)] (30) "Hybrid retailer" means a person that is licensed to 908 purchase cannabis and sell cannabis and medical marijuana products; 909 [(30)] (31) "Key employee" means an employee with the following 910 management position or an equivalent title within a cannabis 911 establishment: (A) President or chief officer, who is the top ranking 912 individual at the cannabis establishment and is responsible for all staff 913 and overall direction of business operations; (B) financial manager, who 914 is the individual who reports to the president or chief officer and who is 915 [generally] responsible for oversight of the financial operations of the 916 cannabis establishment, [including, but not limited to, revenue 917 generation,] which financial operations include one or more of the 918 following: (i) Revenue and expense management; (ii) distributions; [,] 919 (iii) tax compliance; [and] (iv) budget development; or (v) budget 920 management and implementation; or (C) compliance manager, who is 921 the individual who reports to the president or chief officer and who is 922 generally responsible for ensuring the cannabis establishment complies 923 with all laws, regulations and requirements related to the operation of 924 the cannabis establishment; 925 [(31) "Laboratory" means a laboratory located in the state that is 926 licensed by the department to provide analysis of cannabis that meets 927 the licensure requirements set forth in section 21a-246; 928 (32) "Laboratory employee" means an individual who is registered as 929 a laboratory employee pursuant to section 21a-408r;] 930 Raised Bill No. 6697 LCO No. 4402 31 of 93 [(33)] (32) "Labor peace agreement" means an agreement between a 931 cannabis establishment and a bona fide labor organization under section 932 21a-421d pursuant to which the owners and management of the 933 cannabis establishment agree not to lock out employees and that 934 prohibits the bona fide labor organization from engaging in picketing, 935 work stoppages or boycotts against the cannabis establishment; 936 [(34)] (33) "Manufacture" means to add or incorporate cannabis into 937 other products or ingredients or create a cannabis product; 938 [(35)] (34) "Medical marijuana product" means cannabis that may be 939 exclusively sold to qualifying patients and caregivers by dispensary 940 facilities and hybrid retailers and which are designated by the 941 commissioner as reserved for sale to qualifying patients and caregivers 942 and published on the department's Internet web site; 943 [(36)] (35) "Micro-cultivator" means a person licensed to engage in the 944 cultivation, growing and propagation of the cannabis plant at an 945 establishment containing not less than two thousand square feet and not 946 more than ten thousand square feet of grow space, prior to any 947 expansion authorized by the commissioner; 948 [(37)] (36) "Municipality" means any town, city or borough, 949 consolidated town and city or consolidated town and borough; 950 [(38)] (37) "Paraphernalia" means drug paraphernalia, as defined in 951 section 21a-240, as amended by this act; 952 [(39)] (38) "Person" means an individual, partnership, limited liability 953 company, society, association, joint stock company, corporation, estate, 954 receiver, trustee, assignee, referee or any other legal entity and any other 955 person acting in a fiduciary or representative capacity, whether 956 appointed by a court or otherwise, and any combination thereof; 957 [(40)] (39) "Producer" means a person that is licensed as a producer 958 pursuant to section 21a-408i and any regulations adopted thereunder; 959 [(41)] (40) "Product manufacturer" means a person that is licensed to 960 Raised Bill No. 6697 LCO No. 4402 32 of 93 obtain cannabis, extract and manufacture products exclusive to such 961 license type; 962 [(42)] (41) "Product packager" means a person that is licensed to 963 package and label cannabis; 964 [(43)] (42) "Qualifying patient" has the same meaning as provided in 965 section 21a-408, as amended by this act; 966 [(44)] (43) "Research program" has the same meaning as provided in 967 section 21a-408, as amended by this act; 968 [(45)] (44) "Retailer" means a person, excluding a dispensary facility 969 and hybrid retailer, that is licensed to purchase cannabis from 970 producers, cultivators, micro-cultivators, product manufacturers and 971 food and beverage manufacturers and to sell cannabis to consumers and 972 research programs; 973 [(46)] (45) "Sale" or "sell" has the same meaning as provided in section 974 21a-240, as amended by this act; 975 [(47)] (46) "Social Equity Council" or "council" means the council 976 established under section 21a-420d, as amended by this act; 977 [(48)] (47) "Social equity applicant" means a person that has applied 978 for a license for a cannabis establishment, where such applicant is at 979 least sixty-five per cent owned and controlled by an individual or 980 individuals, or such applicant is an individual, who: 981 (A) Had an average household income of less than three hundred per 982 cent of the state median household income over the three tax years 983 immediately preceding such individual's application; and 984 (B) (i) Was a resident of a disproportionately impacted area for not 985 less than five of the ten years immediately preceding the date of such 986 application; or 987 (ii) Was a resident of a disproportionately impacted area for not less 988 Raised Bill No. 6697 LCO No. 4402 33 of 93 than nine years prior to attaining the age of eighteen; 989 [(49)] (48) "THC" has the same meaning as provided in section 21a-990 240, as amended by this act; 991 [(50)] (49) "Third-party lottery operator" means a person, or a 992 constituent unit of the state system of higher education, that conducts 993 lotteries pursuant to section 21a-420g, as amended by this act, identifies 994 the cannabis establishment license applications for consideration 995 without performing any review of the applications that are identified 996 for consideration, and that has no direct or indirect oversight of or 997 investment in a cannabis establishment or a cannabis establishment 998 applicant; 999 [(51)] (50) "Transfer" means to transfer, change, give or otherwise 1000 dispose of control over or interest in; 1001 [(52)] (51) "Transport" means to physically move from one place to 1002 another; 1003 [(53)] (52) "Transporter" means a person licensed to transport 1004 cannabis between cannabis establishments, cannabis testing 1005 laboratories and research programs; and 1006 [(54)] (53) "Unemployment rate" means, in a given area, the number 1007 of people sixteen years of age or older who are in the civilian labor force 1008 and unemployed divided by the number of people sixteen years of age 1009 or older who are in the civilian labor force. 1010 Sec. 10. Section 21a-420e of the general statutes is repealed and the 1011 following is substituted in lieu thereof (Effective from passage): 1012 (a) Not later than thirty days after the date that the Social Equity 1013 Council identifies the criteria and the necessary supporting 1014 documentation for social equity applicants and posts such information 1015 on its Internet web site, the department may accept applications for the 1016 following cannabis establishment license types: (1) Retailer, (2) hybrid 1017 retailer, (3) cultivator, (4) micro-cultivator, (5) product manufacturer, (6) 1018 Raised Bill No. 6697 LCO No. 4402 34 of 93 food and beverage manufacturer, (7) product packager, (8) delivery 1019 service, [and] (9) transporter, (10) dispensary facility, and (11) producer. 1020 Each application for licensure shall require the applicant to indicate 1021 whether the applicant wants to be considered for treatment as a social 1022 equity applicant. 1023 (b) On and after July 1, 2021, the department may accept applications 1024 from any dispensary facility to convert its license to a hybrid-retailer 1025 license and any producer for expanded authorization to engage in the 1026 adult use cannabis market under its license issued pursuant to section 1027 21a-408i. 1028 (c) Except as provided in subsection [(e)] (d) of this section, the 1029 following fees shall be paid by each applicant: 1030 (1) For a retailer license, the fee to enter the lottery shall be five 1031 hundred dollars, the fee to receive a provisional license shall be five 1032 thousand dollars and the fee to receive a final license or a renewal of a 1033 final license shall be twenty-five thousand dollars. 1034 (2) For a hybrid retailer license, the fee to enter the lottery shall be five 1035 hundred dollars, the fee to receive a provisional license shall be five 1036 thousand dollars and the fee to receive a final license or a renewal of a 1037 final license shall be twenty-five thousand dollars. 1038 (3) For a cultivator license, the fee to enter the lottery shall be one 1039 thousand dollars, the fee to receive a provisional license shall be twenty-1040 five thousand dollars and the fee to receive a final license or a renewal 1041 of a final license shall be seventy-five thousand dollars. 1042 (4) For a micro-cultivator license, the fee to enter the lottery shall be 1043 two hundred fifty dollars, the fee to receive a provisional license shall 1044 be five hundred dollars and the fee to receive a final license or a renewal 1045 of a final license shall be one thousand dollars. 1046 (5) For a product manufacturer license, the fee to enter the lottery 1047 shall be seven hundred fifty dollars, the fee to receive a provisional 1048 Raised Bill No. 6697 LCO No. 4402 35 of 93 license shall be five thousand dollars and the fee to receive a final license 1049 or a renewal of a final license shall be twenty-five thousand dollars. 1050 (6) For a food and beverage manufacturer license, the fee to enter the 1051 lottery shall be two hundred fifty dollars, the fee to receive a provisional 1052 license shall be one thousand dollars and the fee to receive a final license 1053 or a renewal of a final license shall be five thousand dollars. 1054 (7) For a product packager license, the fee to enter the lottery shall be 1055 five hundred dollars, the fee to receive a provisional license shall be five 1056 thousand dollars and the fee to receive a final license or a renewal of a 1057 final license shall be twenty-five thousand dollars. 1058 (8) For a delivery service or transporter license, the fee to enter the 1059 lottery shall be two hundred fifty dollars, the fee to receive a provisional 1060 license shall be one thousand dollars and the fee to receive a final license 1061 or a renewal of a final license shall be five thousand dollars. 1062 (9) For an initial or renewal of a backer license, the fee shall be one 1063 hundred dollars. 1064 (10) For an initial or renewal of a key employee license, the fee shall 1065 be one hundred dollars. 1066 (11) For an initial or renewal of a registration of an employee who is 1067 not a key employee, the fee shall be fifty dollars. 1068 (12) The license conversion fee for a dispensary facility to become a 1069 hybrid retailer shall be one million dollars, except as provided in section 1070 21a-420u, as amended by this act. 1071 (13) The license conversion fee for a producer to engage in the adult 1072 use cannabis market shall be three million dollars, except as provided in 1073 section 21a-420l. 1074 (d) For any dispensary facility that has become a hybrid retailer, the 1075 renewal fee shall be the same as the fee for a hybrid retailer set forth in 1076 subdivision (2) of subsection (c) of this section. For any producer, the 1077 Raised Bill No. 6697 LCO No. 4402 36 of 93 renewal fee shall be the same as set forth in section 21a-408i. A social 1078 equity applicant shall pay fifty per cent of the amount of any of the fees 1079 specified in subsection (c) of this section for the first three renewal cycles 1080 of the applicable cannabis establishment license applied for, and the full 1081 amount thereafter, provided in the case of the fees set forth in 1082 subdivisions (12) and (13) of subsection (c) of this section, a social equity 1083 applicant shall pay the full amount of the fee. 1084 (e) For the fiscal year ending June 30, 2023, and thereafter, fees 1085 collected by the department under this section shall be paid to the State 1086 Treasurer and credited to the General Fund, except that the fees 1087 collected under subdivisions (12) and (13) of subsection (c) of this 1088 section shall be deposited in the Social Equity and Innovation Fund 1089 established under section 21a-420f. 1090 (f) For each license type: 1091 (1) Applicants shall apply on a form and in a manner prescribed by 1092 the commissioner, which form shall include a method for the applicant 1093 to request consideration as a social equity applicant; and 1094 (2) The department shall post on its Internet web site the application 1095 period, which shall specify the first and last date that the department 1096 will accept applications for that license type. The first date that the 1097 department shall accept applications shall be no sooner than thirty days 1098 after the date the Social Equity Council posts the criteria and supporting 1099 documentation necessary to qualify for consideration as a social equity 1100 applicant as set forth in section 21a-420g, as amended by this act. Only 1101 complete license applications received by the department during the 1102 application period shall be considered. 1103 (g) (1) No current or former state officer or employee, or employee of 1104 any other person who at any time had access to an application submitted 1105 to the department pursuant to this section, may disclose such 1106 application, or any information included in or submitted with such 1107 application, unless such disclosure is authorized under this subsection. 1108 Raised Bill No. 6697 LCO No. 4402 37 of 93 (2) The commissioner may disclose the following information 1109 concerning an application submitted to the department pursuant to this 1110 section: 1111 (A) The applicant's name; 1112 (B) The license type for which such application was submitted; 1113 (C) The applicant's social equity designation, if any; 1114 (D) The applicant's address; 1115 (E) The name, electronic mail address and telephone number of the 1116 applicant's owner; 1117 (F) The ownership interest that an owner of a social equity applicant 1118 holds in such applicant, expressed as a percentage of all ownership 1119 interests in such applicant; 1120 (G) The name and address of the person who serves as the applicant's 1121 primary business contact; 1122 (H) The application number assigned to such application; 1123 (I) The date such application was submitted to the department; 1124 (J) Information concerning the applicant's formation, including, but 1125 not limited to, the applicant's business entity type, formation date and 1126 place, and business registration number as such number appears on the 1127 electronic business portal established by the Commercial Recording 1128 Division of the office of the Secretary of the State pursuant to section 3-1129 99d; and 1130 (K) The name of all cannabis businesses associated with the applicant 1131 and listed on such application. 1132 (3) (A) In addition to the information described in subdivision (2) of 1133 this subsection, the commissioner may, in the commissioner's sole 1134 discretion, disclose any personal information or financial document 1135 Raised Bill No. 6697 LCO No. 4402 38 of 93 associated with an application submitted to the department pursuant to 1136 this section to: 1137 (i) A federal, state or local government agency acting in the course of 1138 such agency's governmental functions, or a person acting on behalf of 1139 such agency in performing such functions; 1140 (ii) A college or university conducting research or assisting the state 1141 in reviewing such applications, provided such college or university 1142 agrees not to disclose any personally identifying information or 1143 confidential business information and deidentify any personal or 1144 financial information such college or university receives from the 1145 department before releasing any report, study, survey or similar 1146 document concerning such information; 1147 (iii) An officer of the court in connection with an administrative, 1148 arbitral, civil or criminal proceeding in a court of competent jurisdiction 1149 or before a government agency or self-regulatory body, including, but 1150 not limited to, the service of process, an investigation performed in 1151 anticipation of litigation, an order issued by such court or the execution 1152 or enforcement of a judgment or order issued by such court, provided 1153 the person to whom the commissioner discloses such information or 1154 document is a party in interest to such proceeding; 1155 (iv) A state marshal in the course of performing such marshal's duties 1156 under section 6-38a; or 1157 (v) The applicant or the applicant's owner to confirm that any such 1158 information or document such applicant or owner submitted to the 1159 department in connection with such application is accurate. 1160 (B) Any personal information or financial document the 1161 commissioner discloses pursuant to subparagraph (A) of this 1162 subdivision shall remain confidential, and no person described in 1163 subparagraphs (A)(i) to (A)(iv), inclusive, of this subdivision shall 1164 further disseminate such information or document in a manner that 1165 would enable another person to identify any person referenced in, and 1166 Raised Bill No. 6697 LCO No. 4402 39 of 93 related to, such information or document unless such disclosure is 1167 required under other applicable law. 1168 Sec. 11. Subsections (a) to (i), inclusive, of section 21a-420g of the 1169 general statutes are repealed and the following is substituted in lieu 1170 thereof (Effective from passage): 1171 (a) The Social Equity Council shall review the ownership information 1172 and any other information necessary to confirm that an applicant 1173 qualifies as a social equity applicant for all cannabis establishment 1174 license type applications submitted to the department and designated 1175 by the applicant as a social equity applicant. The Social Equity Council 1176 shall prescribe the documentation necessary for applicants to submit to 1177 establish that the ownership, residency and income requirements for 1178 social equity applicants are met. On or before September 1, 2021, the 1179 Social Equity Council shall post such necessary documentation 1180 requirements on its Internet web site to inform applicants of such 1181 requirements prior to the start of the application period. 1182 (b) Except as provided in section 21a-420o, prior to the first date that 1183 the department begins accepting applications for a license type, the 1184 department shall determine the maximum number of applications that 1185 shall be considered for such license type and post such information on 1186 its Internet web site. Fifty per cent of the maximum number of 1187 applications that shall be considered for each license type (1) shall be 1188 selected through a social equity lottery for such license type, and (2) 1189 shall be reserved by the department for social equity applicants. If, upon 1190 the close of the application period for a license type, the department 1191 receives more applications than the maximum number to be considered 1192 in total or to be reserved for social equity applicants as set forth in this 1193 subsection, [(b) of this section,] a third-party lottery operator shall 1194 conduct a lottery to identify applications for review by the department 1195 and the Social Equity Council. 1196 (c) (1) The third-party lottery operator shall: 1197 (A) Not be provided any application received after the close of the 1198 Raised Bill No. 6697 LCO No. 4402 40 of 93 application period; 1199 (B) Give equal weight to every complete application submitted 1200 during the application period; and 1201 (C) Conduct multiple, separate geographic lotteries if required by the 1202 department. 1203 (2) For purposes of the lottery, the third-party lottery operator shall: 1204 (A) Conduct an independent social equity lottery and general lottery 1205 for each license type [and a separate lottery for social equity applicants 1206 of each license type] that results in each application being randomly 1207 ranked starting with one and continuing sequentially; and 1208 (B) Rank all applications in each lottery numerically according to the 1209 order in which they were drawn, including those that exceed the 1210 number to be considered, and identify for the department all 1211 applications to be considered. [, which shall consist of the applications 1212 ranked numerically one to the maximum number set forth in accordance 1213 with subsection (b) of this section.] 1214 (d) (1) Upon receipt of an application for social equity consideration 1215 or, in the case where a social equity lottery is conducted, after such 1216 lottery applicants are selected, the department shall provide to the 1217 Social Equity Council the documentation received by the department 1218 during the application process that is required under subsection (a) of 1219 this section. No identifying information beyond what is necessary to 1220 establish social equity status shall be provided to the Social Equity 1221 Council. The Social Equity Council shall review the social equity 1222 applications to be considered as identified by the third-party lottery 1223 operator to determine whether the applicant meets the criteria for a 1224 social equity applicant. If the Social Equity Council determines that an 1225 applicant does not qualify as a social equity applicant, the application 1226 shall not be reviewed further for purposes of receiving a license 1227 designated for social equity applicants. The application shall be entered 1228 into the [other] general lottery for [the] that license type and may be 1229 Raised Bill No. 6697 LCO No. 4402 41 of 93 reviewed further if selected through such lottery, provided the 1230 applicant pays the additional amount necessary to pay the full fee for 1231 entry into such lottery within five business days of being notified by the 1232 Social Equity Council that [it] such applicant does not qualify as a social 1233 equity applicant. Not later than thirty days after the Social Equity 1234 Council notifies an applicant [is notified of a denial of a license 1235 application under this subsection] of the Social Equity Council's 1236 determination that the applicant does not meet the criteria for a social 1237 equity applicant, the applicant may appeal [such denial] from such 1238 determination to the Superior Court. [in accordance with section 4-183.] 1239 (2) Upon determination by the Social Equity Council that an 1240 application selected through the lottery process does not qualify for 1241 consideration as a social equity applicant, the department shall request 1242 that the third-party lottery operator identify the next-ranked application 1243 in the [applicable] social equity lottery. This process may continue until 1244 the Social Equity Council has identified for further consideration the 1245 number of applications set forth on the department's web site pursuant 1246 to subsection (b) of this section or [the lottery indicates that] until there 1247 are no [further] remaining social equity applications to be considered. 1248 (3) For each license type, the Social Equity Council shall identify for 1249 the department the social equity applications that qualify as social 1250 equity applicants and that should be reviewed by the department for 1251 purposes of awarding a provisional license. 1252 (4) Any application [subject to] entered into, but not selected through, 1253 the social equity lottery [process] shall not be reviewed as a social equity 1254 application, but shall be entered into the general lottery for [the] that 1255 [remaining applications for the] license type. 1256 (5) After receiving the list of selected social equity applications [from] 1257 reviewed and approved by the Social Equity Council, the department 1258 shall notify the third-party lottery operator, which shall then conduct 1259 [an] the independent general lottery for all remaining applicants for 1260 each license type, rank all general lottery applications numerically 1261 Raised Bill No. 6697 LCO No. 4402 42 of 93 including those that exceed the number to be considered, and identify 1262 for the department all of the selected applications to be reviewed. The 1263 number of applications to be reviewed by the department shall consist 1264 of the applications ranked numerically one through the maximum 1265 number [set forth in accordance with subsection (b) of this section, 1266 provided that if fewer social equity applicants are identified pursuant 1267 to subdivision (3) of this subsection, the maximum number shall be the 1268 number] necessary to ensure that fifty per cent of the applications for 1269 each license type identified through the lottery process are [social equity 1270 applicants] selected from the social equity lottery and approved by the 1271 Social Equity Council. 1272 (6) The numerical rankings created by the third-party lottery operator 1273 shall be confidential and shall not be subject to disclosure under the 1274 Freedom of Information Act, as defined in section 1-200. 1275 (e) The department shall review each application to be considered, as 1276 identified by the third-party lottery operator or Social Equity Council, 1277 as applicable, to confirm [it] such application is complete and to 1278 determine whether any application: (1) Includes a backer with a 1279 disqualifying conviction; (2) [includes a backer that would result in 1280 common ownership in violation of] exceeds the cap set forth in section 1281 21a-420i; or (3) has a backer who individually or in connection with a 1282 cannabis business in another state or country has an administrative 1283 finding or judicial decision that may substantively compromise the 1284 integrity of the cannabis program, as determined by the department, or 1285 that precludes its participation in this state's cannabis program. For the 1286 purposes of this subsection, an application shall be deemed complete if 1287 each backer of the applicant completes such backer's background check 1288 submission not later than thirty days after the department sends notice 1289 disclosing that the department has selected such applicant for review. 1290 (f) No additional backers may be added to a cannabis establishment 1291 application between the time of lottery entry, or any initial application 1292 for a license, and when a final license is awarded to the cannabis 1293 establishment, except, if a backer of an applicant or provisional licensee 1294 Raised Bill No. 6697 LCO No. 4402 43 of 93 dies, the applicant or provisional licensee may apply to the 1295 commissioner to replace the deceased backer, provided if such applicant 1296 is a social equity applicant, the Social Equity Council shall review 1297 ownership to ensure such replacement would not cause the applicant to 1298 no longer qualify as a social equity applicant. A backer may be removed 1299 from a cannabis establishment application selected through the general 1300 lottery at any time upon notice to the department. 1301 (g) If an applicant [or a single backer of an applicant] is disqualified 1302 on the basis of any of the criteria set forth in subsection (e) of this section, 1303 the entire application shall be denied, and such denial shall be a final 1304 decision of the department [, provided backers of the applicant entity 1305 named in the lottery application submission may be removed prior to 1306 submission of a final license application unless such removal would 1307 result in a social equity applicant no longer qualifying as a social equity 1308 applicant. If] unless the applicant removes [any backer] all backers that 1309 would cause [the applicant to be denied based on subsection (e) of this 1310 section, then the applicant entity shall not be denied due to such backer's 1311 prior involvement if such backer is removed within thirty days of notice 1312 by the department of the disqualification of a backer] such denial not 1313 later than thirty days after the department sends notice to the applicant 1314 disclosing such denial. Any change to a social equity applicant shall be 1315 reviewed and approved by the Social Equity Council before such change 1316 is reviewed by the department. Not later than thirty days after [service 1317 of] the department sends notice [upon] to the applicant [of a] disclosing 1318 such denial, the applicant may appeal such denial to the Superior Court. 1319 [in accordance with section 4-183.] 1320 (h) For each application denied pursuant to subsection (e) of this 1321 section, the department may, within its discretion, request that the third-1322 party lottery operator identify the next-ranked application in the 1323 applicable lottery. If the applicant that was denied was a social equity 1324 applicant, the next ranked social equity applicant shall first be reviewed 1325 by the Social Equity Council to confirm that the applicant qualifies as a 1326 social equity applicant prior to being further reviewed by the 1327 department. This process may continue until the department has 1328 Raised Bill No. 6697 LCO No. 4402 44 of 93 identified for further consideration the number of applications 1329 equivalent to the maximum number set forth on its Internet web site 1330 pursuant to subsection (b) of this section. If the number of applications 1331 remaining is less than the maximum number posted on the 1332 department's Internet web site, the department shall award fewer 1333 licenses. To the extent the denials result in less than fifty per cent of 1334 applicants being social equity applicants, the department shall continue 1335 to review and issue provisional and final licenses for the remaining 1336 applications, but shall reopen the application period only for social 1337 equity applicants. 1338 (i) All applicants selected in the lottery and not denied shall be 1339 provided a provisional license application, which shall be submitted in 1340 a form and manner prescribed by the commissioner. [Applicants] 1341 Lottery applicants shall have sixty days from the date they receive their 1342 provisional application to complete the application. The right to apply 1343 for a provisional license is nontransferable. Upon receiving a 1344 provisional application from an applicant, the department shall review 1345 the application for completeness and to confirm that all information 1346 provided is acceptable and in compliance with this section and any 1347 regulations adopted under this section. If a provisional application does 1348 not meet the standards set forth in this section, the applicant shall not 1349 be provided a provisional license. A provisional license issued to a 1350 lottery applicant shall expire after fourteen months and shall not be 1351 renewed. Upon granting a provisional license, the department shall 1352 notify the applicant of the project labor agreement requirements of 1353 section 21a-421e. A provisional licensee may apply for a final license of 1354 the license type for which the licensee applied during the initial 1355 application period. A provisional license shall be nontransferable. If the 1356 provisional application does not meet the standards set forth in this 1357 section or is not completed within sixty days, the applicant shall not 1358 receive a provisional license. The decision of the department not to 1359 award a provisional license shall be final and may be appealed in 1360 accordance with section 4-183. Nothing in this section shall prevent a 1361 provisional applicant from submitting an application for a future 1362 Raised Bill No. 6697 LCO No. 4402 45 of 93 lottery. 1363 Sec. 12. Subsection (e) of section 21a-420j of the general statutes is 1364 repealed and the following is substituted in lieu thereof (Effective from 1365 passage): 1366 (e) Equity joint ventures that are retailers or hybrid retailers that share 1367 a common cultivator or cultivator backer shall not be located within 1368 twenty miles of [another commonly owned equity joint venture] each 1369 other. 1370 Sec. 13. Subsection (f) of section 21a-420m of the general statutes is 1371 repealed and the following is substituted in lieu thereof (Effective from 1372 passage): 1373 (f) Equity joint ventures that are retailers or hybrid retailers that share 1374 a common producer or producer backer [and that are retailers or hybrid 1375 retailers] shall not be located within twenty miles of [another commonly 1376 owned equity joint venture] each other. 1377 Sec. 14. Subsection (b) of section 21a-420m of the general statutes is 1378 repealed and the following is substituted in lieu thereof (Effective October 1379 1, 2023): 1380 (b) The equity joint venture shall be in any cannabis establishment 1381 licensed business, other than a cultivator license, provided such equity 1382 joint venture is at least fifty per cent owned and controlled by an 1383 individual or individuals who meet, or the equity joint venture 1384 applicant is an individual who meets, the criteria established in 1385 subparagraphs (A) and (B) of subdivision [(48)] (47) of section 21a-420, 1386 as amended by this act. 1387 Sec. 15. Subsection (d) of section 21a-420n of the general statutes is 1388 repealed and the following is substituted in lieu thereof (Effective October 1389 1, 2023): 1390 (d) A cultivator may sell, transfer or transport its cannabis to a 1391 dispensary facility, hybrid retailer, retailer, food and beverage 1392 Raised Bill No. 6697 LCO No. 4402 46 of 93 manufacturer, product manufacturer, research program, cannabis 1393 testing laboratory or product packager utilizing its own employees or a 1394 transporter. A cultivator shall not sell, transfer or deliver to consumers, 1395 qualifying patients or caregivers, directly or through a delivery service. 1396 Sec. 16. Subsection (e) of section 21a-420p of the general statutes is 1397 repealed and the following is substituted in lieu thereof (Effective October 1398 1, 2023): 1399 (e) A micro-cultivator may sell, transfer or transport its cannabis to a 1400 dispensary facility, hybrid retailer, retailer, delivery service, food and 1401 beverage manufacturer, product manufacturer, research program, 1402 cannabis testing laboratory or product packager, provided the cannabis 1403 is cultivated, grown and propagated at the micro-cultivator's licensed 1404 establishment and transported utilizing the micro-cultivator's own 1405 employees or a transporter. A micro-cultivator shall not gift or transfer 1406 cannabis or cannabis products at no cost to a consumer as part of a 1407 commercial transaction. 1408 Sec. 17. Subsection (b) of section 21a-420r of the general statutes is 1409 repealed and the following is substituted in lieu thereof (Effective October 1410 1, 2023): 1411 (b) A retailer may obtain cannabis from a cultivator, micro-cultivator, 1412 producer, product packager, food and beverage manufacturer, product 1413 manufacturer or transporter or an undeliverable return from a delivery 1414 service. A retailer may sell, transport or transfer cannabis or cannabis 1415 products to a delivery service, cannabis testing laboratory or research 1416 program. A retailer may sell cannabis to a consumer or research 1417 program. A retailer may not conduct sales of medical marijuana 1418 products nor offer discounts or other inducements to qualifying patients 1419 or caregivers. A retailer shall not gift or transfer cannabis at no cost to a 1420 consumer as part of a commercial transaction. 1421 Sec. 18. Subsection (f) of section 21a-420u of the general statutes is 1422 repealed and the following is substituted in lieu thereof (Effective from 1423 passage): 1424 Raised Bill No. 6697 LCO No. 4402 47 of 93 (f) Equity joint ventures that are retailers or hybrid retailers that share 1425 a common dispensary facility or dispensary facility backer owner shall 1426 not be located within twenty miles of [another commonly owned equity 1427 joint venture] each other. 1428 Sec. 19. Subsections (b) to (d), inclusive, of section 21a-420u of the 1429 general statutes are repealed and the following is substituted in lieu 1430 thereof (Effective October 1, 2023): 1431 (b) Any equity joint venture created under this section shall be 1432 created for the development of a cannabis establishment, other than a 1433 cultivator, provided such equity joint venture is at least fifty per cent 1434 owned and controlled by an individual or individuals who meet, or the 1435 equity joint venture applicant is an individual who meets, the criteria 1436 established in subparagraphs (A) and (B) of subdivision [(48)] (47) of 1437 section 21a-420, as amended by this act. 1438 (c) An equity joint venture applicant shall submit an application to 1439 the Social Equity Council that may include, but need not be limited to, 1440 evidence of business formation, ownership allocation, terms of 1441 ownership and financing and proof of social equity status. The equity 1442 joint venture applicant shall submit to the Social Equity Council 1443 information including, but not limited to, the organizing documents of 1444 the entity that outline the ownership stake of each backer, initial backer 1445 investment and payout information to enable the council to determine 1446 the terms of ownership. 1447 (d) Upon receipt of written approval of the equity joint venture by 1448 the Social Equity Council, the equity joint venture applicant shall apply 1449 for a license from the department in the same form as required by all 1450 other licensees of the same license type and subject to the same fees as 1451 required by all other licensees of the same license type, except that such 1452 application shall not be subject to the lottery process. 1453 Sec. 20. Subsections (a) to (d), inclusive, of section 21a-421bb of the 1454 general statutes are repealed and the following is substituted in lieu 1455 thereof (Effective October 1, 2023): 1456 Raised Bill No. 6697 LCO No. 4402 48 of 93 (a) No person, other than the holder of a cannabis establishment 1457 license issued [by this state] pursuant to this chapter or a person who 1458 provides professional services related to the purchase, sale or use of 1459 cannabis, shall advertise any cannabis or services related to cannabis in 1460 this state. 1461 (b) Except as provided in subsection (d) of this section, cannabis 1462 establishments shall not: 1463 (1) Advertise, including, but not limited to, through a business name 1464 or logo, cannabis, cannabis paraphernalia or goods or services related to 1465 cannabis: 1466 (A) In ways that target or are designed to appeal to individuals under 1467 twenty-one years of age, including, but not limited to, spokespersons or 1468 celebrities who appeal to individuals under the legal age to purchase 1469 cannabis or cannabis products, depictions of a person under twenty-five 1470 years of age consuming cannabis, or, the inclusion of objects, such as 1471 toys, characters or cartoon characters, suggesting the presence of a 1472 person under twenty-one years of age, or any other depiction designed 1473 in any manner to be appealing to a person under twenty-one years of 1474 age; or 1475 (B) By using any image, or any other visual representation, of the 1476 cannabis plant or any part of the cannabis plant, including, but not 1477 limited to, the leaf of the cannabis plant; 1478 (2) Engage in any advertising by means of any form of billboard 1479 within one thousand five hundred feet of an elementary or secondary 1480 school ground or a house of worship, recreation center or facility, child 1481 care center, playground, public park or library, or engage in any 1482 advertising by means of [an electronic or illuminated] a billboard 1483 between the hours of six o'clock a.m. and eleven o'clock p.m.; 1484 (3) Engage in advertising by means of any television, radio, Internet, 1485 mobile application, social media or other electronic communication, 1486 billboard or other outdoor signage, or print publication unless the 1487 Raised Bill No. 6697 LCO No. 4402 49 of 93 cannabis establishment has reliable evidence that at least ninety per cent 1488 of the audience for the advertisement is reasonably expected to be 1489 twenty-one years of age or older; 1490 (4) Engage in advertising or marketing directed toward location-1491 based devices, including, but not limited to, cellular phones, unless the 1492 marketing is a mobile device application installed on the device by the 1493 owner of the device who is twenty-one years of age or older and 1494 includes a permanent and easy opt-out feature and warnings that the 1495 use of cannabis is restricted to persons twenty-one years of age or older; 1496 (5) Advertise cannabis or cannabis products in a manner claiming or 1497 implying, or permit any employee of the cannabis establishment to 1498 claim or imply, that such products have curative or therapeutic effects, 1499 or that any other medical claim is true, or allow any employee to 1500 promote cannabis for a wellness purpose unless such claims are 1501 substantiated as set forth in regulations adopted under chapter 420f or 1502 verbally conveyed by a licensed pharmacist or other licensed medical 1503 practitioner in the course of business in, or while representing, a hybrid 1504 retail or dispensary facility; 1505 (6) Sponsor charitable, sports, musical, artistic, cultural, social or 1506 other similar events or advertising at, or in connection with, such an 1507 event unless the cannabis establishment has reliable evidence that (A) 1508 not more than ten per cent of the in-person audience at the event is 1509 reasonably expected to be under the legal age to purchase cannabis or 1510 cannabis products, and (B) not more than ten per cent of the audience 1511 that will watch, listen or participate in the event is expected to be under 1512 the legal age to purchase cannabis products; 1513 (7) Advertise cannabis, cannabis products or cannabis paraphernalia 1514 in any physical form visible to the public within five hundred feet of an 1515 elementary or secondary school ground or a recreation center or facility, 1516 child care center, playground, public park or library; 1517 (8) Cultivate cannabis or manufacture cannabis products for 1518 distribution outside of this state in violation of federal law, advertise in 1519 Raised Bill No. 6697 LCO No. 4402 50 of 93 any way that encourages the transportation of cannabis across state lines 1520 or otherwise encourages illegal activity; 1521 (9) Except for dispensary facilities and hybrid retailers, exhibit within 1522 or upon the outside of the facility used in the operation of a cannabis 1523 establishment, or include in any advertisement, the word "dispensary" 1524 or any variation of such term or any other words, displays or symbols 1525 indicating that such store, shop or place of business is a dispensary; 1526 (10) Exhibit within or upon the outside of the premises subject to the 1527 cannabis establishment license, or include in any advertisement the 1528 words "drug store", "pharmacy", "apothecary", "drug", "drugs" or 1529 "medicine shop" or any combination of such terms or any other words, 1530 displays or symbols indicating that such store, shop or place of business 1531 is a pharmacy; 1532 (11) Advertise on or in public or private vehicles or at bus stops, taxi 1533 stands, transportation waiting areas, train stations, airports or other 1534 similar transportation venues including, but not limited to, vinyl-1535 wrapped vehicles or signs or logos on transportation vehicles not 1536 owned by a cannabis establishment; 1537 (12) Display cannabis, cannabis products or any image, or any other 1538 visual representation, of the cannabis plant or any part of the cannabis 1539 plant, including, but not limited to, the leaf of the cannabis plant, so as 1540 to be clearly visible to a person from the exterior of the facility used in 1541 the operation of a cannabis establishment, or display signs or other 1542 printed material advertising any brand or any kind of cannabis or 1543 cannabis product, or including any image, or any other visual 1544 representation, of the cannabis plant or any part of the cannabis plant, 1545 including, but not limited to, the leaf of the cannabis plant, on the 1546 exterior of any facility used in the operation of a cannabis establishment; 1547 (13) Utilize radio or loudspeaker, in a vehicle or in or outside of a 1548 facility used in the operation of a cannabis establishment, for the 1549 purposes of advertising the sale of cannabis or cannabis products; or 1550 Raised Bill No. 6697 LCO No. 4402 51 of 93 (14) Operate any web site advertising or depicting cannabis, cannabis 1551 products or cannabis paraphernalia unless such web site verifies that 1552 the entrants or users are twenty-one years of age or older. 1553 (c) Except as provided in subsection (d) of this section, any 1554 advertisements from a cannabis establishment shall contain the 1555 following warning: "Do not use cannabis if you are under twenty-one 1556 years of age. Keep cannabis out of the reach of children." In a print or 1557 visual medium, such warning shall be conspicuous, easily legible and 1558 shall take up not less than ten per cent of the advertisement space. In an 1559 audio medium, such warning shall be at the same speed as the rest of 1560 the advertisement and be easily intelligible. 1561 (d) Any outdoor signage, including, but not limited to, any 1562 monument sign, pylon sign or wayfinding sign, shall be deemed to 1563 satisfy the audience requirement established in subdivision (3) of 1564 subsection (b) of this section, be exempt from the distance requirement 1565 established in subdivision (7) of subsection (b) of this section and [shall] 1566 not be required to contain the warning required under subsection (c) of 1567 this section, if such outdoor signage: 1568 (1) Contains only the name and logo of the cannabis establishment; 1569 (2) Does not include any image, or any other visual representation, of 1570 the cannabis plant or any part of the cannabis plant, including, but not 1571 limited to, the leaf of the cannabis plant; 1572 (3) Is comprised of not more than three colors; and 1573 (4) Is located: 1574 (A) On the cannabis establishment's premises, regardless of whether 1575 such cannabis establishment leases or owns such premises; or 1576 (B) On any commercial property occupied by multiple tenants 1577 including such cannabis establishment. 1578 Sec. 21. Subsection (a) of section 47a-9a of the general statutes is 1579 Raised Bill No. 6697 LCO No. 4402 52 of 93 repealed and the following is substituted in lieu thereof (Effective October 1580 1, 2023): 1581 (a) As used in this section, "tenant", "landlord" and "dwelling unit" 1582 have the same meanings as provided in section 47a-1. Except as 1583 provided in this section, a landlord or property manager may not refuse 1584 to rent to a prospective tenant or an existing tenant, or otherwise 1585 discriminate against a prospective tenant or an existing tenant, based on 1586 a past conviction for possession of [a cannabis-type substance] cannabis 1587 under section 21a-279a or for a past conviction for possession of four or 1588 fewer ounces of cannabis plant material, and any equivalencies and 1589 combinations thereof, pursuant to subsection (i) of section 21a-279a in 1590 any other jurisdiction. 1591 Sec. 22. Section 22-61l of the general statutes is repealed and the 1592 following is substituted in lieu thereof (Effective October 1, 2023): 1593 (a) For the purpose of this section and section 22-61m, as amended by 1594 this act, the following terms have the same meaning as provided in 7 1595 CFR 990.1, as amended from time to time: "Acceptable hemp THC level", 1596 "Agricultural marketing service", "Audit", "Cannabis", "Conviction", 1597 "Corrective action plan", "Culpable mental state greater than 1598 negligence", "Decarboxylated", "Decarboxylation", "Disposal", "Dry 1599 weight basis", "Gas chromatography", "Geospatial location", "Handle", 1600 "Liquid chromatography", "Immature plants", "Information sharing 1601 system", "Measurement of uncertainty", "Negligence ", 1602 "Phytocannabinoid", "Postdecarboxylation", "Remediation", "Reverse 1603 distributor" and "Total THC". In addition, for the purpose of this section 1604 and section 22-61m, as amended by this act: 1605 (1) "Cannabidiol" or "CBD" means the nonpsychotropic compound by 1606 the same name; 1607 (2) "Certificate of analysis" means a certificate from a laboratory 1608 describing the results of the laboratory's testing of a sample; 1609 (3) "Commissioner" means the Commissioner of Agriculture, or the 1610 Raised Bill No. 6697 LCO No. 4402 53 of 93 commissioner's designated agent; 1611 (4) "Cultivate" means to plant, grow, harvest, handle and store a plant 1612 or crop; 1613 (5) "Federal act" means the United States Agricultural Marketing Act 1614 of 1946, 7 USC 1639o et seq., as amended from time to time; 1615 (6) "Department" means the Department of Agriculture; 1616 (7) "Hemp" has the same meaning as provided in the federal act; 1617 (8) "Hemp products" means all manufacturer hemp products and 1618 producer hemp products; 1619 (9) "Independent testing laboratory" means a facility: 1620 (A) For which no person who has any direct or indirect financial or 1621 managerial interest in the laboratory and also has any direct or indirect 1622 interest in a facility that: 1623 (i) Produces, distributes, manufactures or sells hemp or hemp 1624 products, or marijuana in any state or territory of the United States; or 1625 (ii) Cultivates, processes, distributes, dispenses or sells marijuana; 1626 and 1627 (B) That is accredited as a laboratory in compliance with section 21a-1628 408-59 of the regulations of Connecticut state agencies; 1629 (10) "Laboratory" means a laboratory that meets the requirements of 1630 7 CFR 990.3 and that is accredited as a testing laboratory to International 1631 Organization for Standardization (ISO) 17025 by a third-party 1632 accrediting body such as the American Association for Laboratory 1633 Accreditation or the Assured Calibration and Laboratory Accreditation 1634 Select Services; 1635 (11) "Law enforcement agency" means the Connecticut State Police, 1636 the United States Drug Enforcement Administration, the Department of 1637 Raised Bill No. 6697 LCO No. 4402 54 of 93 Agriculture, the Department of Consumer Protection Drug Control 1638 Division or any other federal, state or local law enforcement agency or 1639 drug suppression unit; 1640 (12) "Licensee" means an individual or entity that possesses a license 1641 to produce or manufacture hemp or hemp products in this state; 1642 (13) "Manufacture" means the conversion of the hemp plant into a by-1643 product by means of adding heat, solvents or any method of extraction 1644 that modifies the original composition of the plant for the purpose of 1645 creating a manufacturer hemp product for commercial or research 1646 purposes; 1647 (14) "Manufacturer" means a person in the state licensed by the 1648 Commissioner of Consumer Protection to manufacture, handle, store 1649 and market manufacturer hemp products pursuant to the provisions of 1650 section 22-61m, as amended by this act, and any regulation adopted 1651 pursuant to section 22-61m, as amended by this act; 1652 (15) "Marijuana" has the same meaning as provided in section 21a-1653 240, as amended by this act; 1654 (16) "Market" or "marketing" means promoting, distributing or 1655 selling a hemp product within the state, in another state or outside of 1656 the United States and includes efforts to advertise and gather 1657 information about the needs or preferences of potential consumers or 1658 suppliers; 1659 (17) "On-site manager" means the individual designated by the 1660 producer license applicant or producer responsible for on-site 1661 management and operations of a licensed producer; 1662 (18) "Pesticide" has the same meaning as "pesticide chemical" as 1663 provided in section 21a-92; 1664 (19) "Lot" means a contiguous area in a field, greenhouse or indoor 1665 growing structure containing the same variety or strain of hemp 1666 throughout the area; 1667 Raised Bill No. 6697 LCO No. 4402 55 of 93 (20) "Post-harvest sample" means a representative sample of the form 1668 of hemp taken from the harvested hemp from a particular lot's harvest 1669 that is collected in accordance with the procedures established by the 1670 commissioner; 1671 (21) "Pre-harvest sample" means a composite, representative portion 1672 from plants in a hemp lot, that is collected in accordance with the 1673 procedures established by the commissioner; 1674 (22) "Produce" means to cultivate hemp or create any producer hemp 1675 product; 1676 (23) "State plan" means a state plan, as described in the federal act and 1677 as authorized pursuant to this section; 1678 (24) "THC" means delta-9-tetrahydrocannabinol; 1679 (25) "Controlled Substances Act" or "CSA" means the Controlled 1680 Substances Act as codified in 21 USC 801 et seq.; 1681 (26) "Criminal history report" means the fingerprint-based state and 1682 national criminal history record information obtained in accordance 1683 with section 29-17a; 1684 (27) "Drug Enforcement Administration" or "DEA" means the United 1685 States Drug Enforcement Administration; 1686 (28) "Farm service agency" or "FSA" means an agency of the United 1687 States Department of Agriculture; 1688 (29) "Key participant" means a sole proprietor, a partner in 1689 partnership or a person with executive managerial control in an entity, 1690 including persons such as a chief executive officer, chief operating 1691 officer and chief financial officer; 1692 (30) "Manufacturer hemp product" means a commodity 1693 manufactured from the hemp plant, for commercial or research 1694 purposes, that is intended for human ingestion, inhalation, absorption 1695 Raised Bill No. 6697 LCO No. 4402 56 of 93 or other internal consumption, that contains a THC concentration of not 1696 more than 0.3 per cent on a dry weight basis or per volume or weight of 1697 such manufacturer hemp product; 1698 (31) "Producer" means an individual or entity licensed by the 1699 commissioner to produce and market producer hemp products 1700 pursuant to the federal act, the state plan, the provisions of this section 1701 and the regulations adopted pursuant to this section; 1702 (32) "Producer hemp product" means any of the following produced 1703 in this state: Raw hemp product, fiber-based hemp product or animal 1704 hemp food product, and each of which contains a THC concentration of 1705 not more than 0.3 per cent on a dry weight basis or per volume or weight 1706 of such producer hemp product; 1707 (33) "USDA" means the United States Department of Agriculture; 1708 (34) "Entity" means a corporation, joint stock company, association, 1709 limited partnership, limited liability partnership, limited liability 1710 company, irrevocable trust, estate, charitable organization or other 1711 similar organization, including any such organization participating in 1712 the hemp production as a partner in a general partnership, a participant 1713 in a joint venture or a participant in a similar organization; and 1714 (35) "Homogenize" means to blend hemp into a mixture that has a 1715 uniform quality and content throughout such mixture. 1716 (b) The Commissioner of Agriculture shall establish and operate an 1717 agricultural pilot program, as defined in 7 USC 5940, as amended from 1718 time to time, for hemp research to enable the department, and its 1719 licensees, to study methods of producing and marketing hemp. All 1720 producer licensees licensed pursuant to this section shall be participants 1721 in the state agricultural pilot program for hemp research. Until such 1722 time as said commissioner adopts regulations, in accordance with the 1723 provisions of chapter 54, the Department of Agriculture shall utilize 1724 procedures and guidance policies that the commissioner deems to be 1725 consistent with the provisions of 7 USC 5940, as amended from time to 1726 Raised Bill No. 6697 LCO No. 4402 57 of 93 time, provided such procedures and guidance policies shall, at a 1727 minimum, require: (1) The commissioner to certify and register any site 1728 used to grow hemp, (2) any person who produces hemp to produce 1729 plants that meet the definition of hemp and verify such, (3) the 1730 maintenance of records by any person who grows hemp and the 1731 availability of inspection of such records by the commissioner, and (4) 1732 verification of compliance with the definition of hemp by a laboratory, 1733 at the expense of any licensee. The provisions of this section shall take 1734 precedence over any such procedure or guidance policy. Participants in 1735 the state agricultural pilot program for hemp research shall be licensed 1736 in accordance with the provisions of this section. Such pilot program 1737 shall operate until the earlier of the date of a fully approved state plan 1738 under the federal act, as described in this section, or the date of repeal 1739 of the federal law permitting the state's agricultural pilot program for 1740 hemp research. 1741 (c) (1) The commissioner shall prepare a state plan in accordance with 1742 the federal act and 7 CFR 990.3, for approval by the Governor, in 1743 consultation with the office of the Chief State's Attorney and the 1744 Attorney General. The state plan, once approved by the Governor and 1745 the Attorney General, shall be submitted by the commissioner to the 1746 United States Secretary of Agriculture for [his or her] such secretary's 1747 approval. The commissioner shall have the authority to amend the state 1748 plan, in consultation with the Governor, the Attorney General and the 1749 office of the Chief State's Attorney, as necessary to comply with the 1750 federal act. 1751 (2) The commissioner shall operate the state plan, which shall 1752 include, at a minimum, the following requirements: 1753 (A) The sampling of hemp shall comply, at a minimum, with 7 CFR 1754 990.3 and be performed by an authorized sampling agent; 1755 (B) The testing of hemp shall comply, at a minimum, with 7 CFR 1756 990.3; 1757 (C) The control, remediation and disposal of noncompliant cannabis 1758 Raised Bill No. 6697 LCO No. 4402 58 of 93 plants shall comply with 7 CFR 990.27 and 7 CFR 990.3; 1759 (D) The department shall comply with all recordkeeping and 1760 reporting requirements in the federal act, and 7 CFR 990.1 to 7 CFR 1761 990.71, inclusive; 1762 (E) The department shall comply with enforcement procedures in 7 1763 CFR 990.6; 1764 (F) The department shall conduct annual inspections of, at a 1765 minimum, a random sample of producers to verify that hemp is not 1766 produced in violation of the federal act, the state plan and the provisions 1767 of this section, and shall enforce any violation as provided for in the 1768 federal act and as defined in 7 CFR 990.6; 1769 (G) Producers shall report their required license, lot and hemp crop 1770 acreage information to FSA, in accordance with the requirements in 7 1771 CFR 990.7; and 1772 (H) Producers shall report to the commissioner the total acreage of 1773 hemp planted, harvested and, if applicable, disposed of or remediated, 1774 and such other information as the commissioner may require. 1775 (3) All sampling and testing of hemp shall be done using protocols 1776 that are at least as statistically valid as the USDA's published protocols 1777 for sampling and testing of hemp, which protocols shall be posted on 1778 the department's Internet web site. During a scheduled sample 1779 collection, the producer, or an authorized representative of the 1780 producer, shall be present at the lot. A producer shall not harvest the 1781 cannabis crop prior to the taking of samples. Samples of hemp plant 1782 material from one lot shall not be commingled with hemp plant material 1783 from other lots. Lots tested and not certified by a laboratory at or below 1784 the acceptable hemp THC level shall be handled, remediated and 1785 disposed of in accordance with the federal act, the provisions of this 1786 section and the state plan, as applicable. 1787 (4) The commissioner shall collect, maintain and provide to the 1788 Raised Bill No. 6697 LCO No. 4402 59 of 93 USDA, on a timely basis, and not less than once per month, license status 1789 of each hemp producer, contact information for each hemp producer 1790 licensed in the state, including lot legal descriptions and locations, and 1791 any changes to such information. The commissioner shall also report to 1792 the USDA, on a timely basis, and not less than once per month, all 1793 required hemp test results and disposal information for all 1794 nonconforming hemp plants and plant material. Such information shall 1795 not include state and federal fingerprint-based records pursuant to 1796 section 29-17a. 1797 (d) The commissioner shall have the authority to enforce the federal 1798 act, as amended from time to time, the state plan, this section and any 1799 regulations adopted in accordance with the federal act and chapter 54 1800 for hemp production in the state. The commissioner shall have the 1801 authority to enforce the applicable standards for producer hemp 1802 products. The commissioner may consult, collaborate and enter into 1803 cooperative agreements with any federal or state agency, municipality 1804 or political subdivision of the state concerning application of the 1805 provisions of the federal act and the regulations adopted pursuant to the 1806 federal act, as may be necessary to carry out the provisions of this 1807 section. 1808 (e) Any person who produces hemp shall: (1) Be licensed by the 1809 commissioner; (2) comply with the federal act, the state plan, the 1810 provisions of this section and any regulation adopted pursuant to this 1811 section; and (3) transport hemp and hemp samples in a manner and with 1812 such documentation as required by the commissioner. 1813 (f) Any person who sells hemp products shall not be required to be 1814 licensed provided such person only engages in: (1) The retail or 1815 wholesale sale of hemp or hemp products in which no further 1816 producing or manufacturing of the hemp products occurs and the hemp 1817 products are acquired from a person authorized under the laws of this 1818 state or another state, territory or possession of the United States or 1819 another sovereign entity to possess and sell such hemp products; (2) the 1820 acquisition of hemp or hemp products for the sole purpose of product 1821 Raised Bill No. 6697 LCO No. 4402 60 of 93 distribution for resale; or (3) the retail sale of hemp products that are 1822 otherwise authorized under federal or state law. 1823 (g) Any applicant for a license pursuant to this section shall meet each 1824 of the following requirements, as applicable: 1825 (1) Each applicant, whether an individual or an entity, shall submit 1826 an application for a license that consists, at a minimum, of the following: 1827 (A) The name, telephone number, electronic mail address, business 1828 address and address of any individual who is the applicant, the full 1829 name of any entity that is the applicant, including any applicable 1830 principal business location and the full name, title and electronic mail 1831 address of each key participant; (B) the name and address of each lot for 1832 the hemp cultivation or producing location; (C) the geospatial location 1833 of each lot by means of global positioning system coordinates and legal 1834 description of each lot used for the hemp cultivation; (D) the acreage 1835 size of each lot where the hemp will be cultivated; (E) written consent 1836 allowing the commissioner to conduct both scheduled and random 1837 inspections of and around the premises on which the hemp is to be 1838 cultivated, harvested, stored and produced; (F) the applicant's employer 1839 identification number or the applicant's Social Security number if an 1840 employer identification number is not available; and (G) any other 1841 information as may be required by the commissioner; 1842 (2) Each individual who is an applicant and each key participant of 1843 any entity applying for a producer license, or renewal thereof, shall 1844 submit to state and national fingerprint-based criminal history records 1845 checks conducted in accordance with section 29-17a, at [his or her] such 1846 individual's own expense; 1847 (3) No individual, including any key participant of any entity, who 1848 has been convicted of any state or federal felony, related to a controlled 1849 substance, shall be eligible to obtain or hold a producer license for ten 1850 years from the date of the conviction, provided such restriction shall not 1851 apply to any individual who lawfully grew hemp with a license, 1852 registration or authorization under any state pilot program authorized 1853 Raised Bill No. 6697 LCO No. 4402 61 of 93 by section 7606 of the Agricultural Act of 2014 before December 20, 2018. 1854 Any individual or entity that materially falsifies any information in an 1855 application pursuant to this section shall be ineligible to obtain a 1856 producer license; and 1857 (4) Each individual or entity who is required by this section to obtain 1858 a producer license shall pay for all costs of sampling, testing, retesting 1859 and resampling any samples at a laboratory for the purpose of 1860 determining the THC concentration level of any cannabis under their 1861 control, or in their possession. Each individual or entity who is required 1862 by this section to obtain a producer license shall pay for all costs of 1863 disposal of all noncompliant cannabis plants under their control, or in 1864 their possession. 1865 (h) Any producer license issued by the commissioner shall expire on 1866 the third following December thirty-first and may be renewed during 1867 the preceding month of October. Such licenses shall not be transferable. 1868 (i) The following fees shall apply for each producer license and 1869 inspection: 1870 (1) A nonrefundable license application fee of fifty dollars, provided 1871 any constituent unit of higher education, state agency or department 1872 shall be exempt from such application fee if such production is for 1873 research purposes; 1874 (2) A nonrefundable triennial producer license fee of four hundred 1875 fifty dollars for up to one acre of planned hemp plantings and thirty 1876 dollars per each additional acre of planned hemp plantings rounded to 1877 the nearest acre, except no license fee charged shall exceed three 1878 thousand dollars, provided any constituent unit of higher education, 1879 state agency or department shall be exempt from such license fee if such 1880 production is for research purposes; and 1881 (3) In the event that resampling by the commissioner is required due 1882 to a test result that shows a violation of any provision of this section or 1883 any regulation adopted pursuant to this section, the licensee shall pay 1884 Raised Bill No. 6697 LCO No. 4402 62 of 93 an inspection fee of fifty dollars. Such fee shall be paid prior to the 1885 inspection and collection of the sample to be used for resampling. 1886 (j) After receipt and review of an application for producer licensure, 1887 the commissioner may grant a triennial license upon a finding that the 1888 applicant meets the applicable requirements. Each producer licensee 1889 shall notify the commissioner of any changes to their application 1890 information, not later than fifteen days after such change. While the 1891 pilot program is in effect, the commissioner may grant a conditional 1892 approval of a producer license, pending receipt of the criminal history 1893 records check required by this section. The commissioner shall assign 1894 each producer with a license or authorization identifier in a format 1895 consistent with 7 CFR 990.3. 1896 (k) Whenever an inspection or investigation conducted by the 1897 commissioner pursuant to this title reveals any violation of the state 1898 plan, this section or any regulation adopted thereunder, the producer 1899 license applicant or respondent, as applicable, shall be notified, in 1900 writing, of such violation and any corrective action to be taken and the 1901 time period within which such corrective action shall be taken. Any such 1902 producer license applicant or respondent may request a hearing, 1903 conducted in accordance with chapter 54, on any such notification. Any 1904 notification issued pursuant to this section shall be made by certified 1905 mail, return receipt requested to the producer license applicant or 1906 respondent's last known address, by in-hand service by the 1907 commissioner or designated agent of the commissioner, electronic mail 1908 service with the consent of the recipient, or by service in accordance 1909 with chapter 896. The commissioner shall report all producer violations 1910 made with a culpable mental state greater than negligence to the United 1911 States Attorney General and the State's Attorney for the judicial district 1912 in which the producer violation occurred. 1913 (l) Nothing in this section shall be construed to limit the 1914 commissioner's authority to issue a cease and desist order pursuant to 1915 section 22-4d, or an emergency order, in order to respond to a condition 1916 that may present a public health hazard, or issue orders necessary to 1917 Raised Bill No. 6697 LCO No. 4402 63 of 93 effectuate the purposes of this section, including, but not limited to, 1918 orders for the embargo, partial destruction, destruction and release of 1919 hemp or hemp products. Any cease and desist order or an emergency 1920 order shall become effective upon service of such order by the 1921 commissioner. Following service of any such order, subsequent 1922 proceedings shall proceed in accordance with the provisions of section 1923 22-4d and the rules of practice for such agency. Any embargo, partial 1924 destruction, destruction or release order issued pursuant to this section 1925 shall be served by certified mail, return receipt requested to the 1926 respondent's last known address, by in-hand service by the 1927 commissioner or designated agent of the commissioner, or by service in 1928 accordance with chapter 896. 1929 (m) Following a hearing conducted in accordance with chapter 54, 1930 the commissioner may impose an administrative civil penalty, not to 1931 exceed two thousand five hundred dollars per violation, and suspend, 1932 revoke or place conditions upon any producer licensee who violates the 1933 provisions of this section or any regulation adopted pursuant to this 1934 section. 1935 (n) (1) Any individual who produces hemp in this state without 1936 obtaining a license pursuant to this section, or who produces hemp in 1937 this state after having a license suspended or revoked shall have 1938 committed an infraction. 1939 (2) Any entity that produces hemp in this state without obtaining a 1940 license pursuant to this section, produces hemp in violation of this 1941 section or produces hemp in this state after having a license suspended 1942 or revoked may be fined not more than two thousand five hundred 1943 dollars per violation, after a hearing conducted in accordance with 1944 chapter 54. 1945 (o) (1) Any negligent violation, as described in the federal act, of this 1946 section or the state plan shall be subject to enforcement in accordance 1947 with the federal act, and the state plan for negligent violations. 1948 (2) For any negligent violation, a producer shall be required to correct 1949 Raised Bill No. 6697 LCO No. 4402 64 of 93 such negligent violation, by means of a corrective action plan approved 1950 by the commissioner. Each corrective action plan shall include, at a 1951 minimum, a reasonable completion deadline for correction of the 1952 negligent violation, periodic reporting to the commissioner for at least 1953 two years and compliance with the state plan. 1954 (3) Any producer that negligently violates the state plan shall not, as 1955 a result of such negligent violation, be referred by the commissioner for 1956 any criminal enforcement action by the federal, state or local 1957 government. 1958 (4) Any producer that negligently violates the state plan three times 1959 during any five-year period shall be ineligible to produce hemp for a 1960 period of five years beginning on the date of the third violation. 1961 (5) The commissioner shall conduct an inspection to determine if the 1962 corrective action plan for a producer who commits any such negligent 1963 violation was properly implemented. 1964 (p) Any person aggrieved by an order issued pursuant to this section 1965 may appeal to the commissioner in accordance with the provisions of 1966 chapter 54. Such appeal shall be made in writing to the commissioner 1967 and received not later than fifteen days after the date of the order. If no 1968 appeal is made pursuant to this subsection the order shall be final. 1969 (q) (1) All documents submitted under this section shall be subject to 1970 disclosure in accordance with chapter 14, except: (A) Information 1971 depicting or describing (i) the test results of any producer, (ii) the 1972 location of any hemp growing, harvesting, processing or storage 1973 location, or (iii) hemp producer location security schematics; and (B) the 1974 results of any criminal history records check. 1975 (2) Notwithstanding the provisions of subdivision (1) of this 1976 subsection, all documents and records submitted or maintained 1977 pursuant to this section shall be disclosed to any law enforcement 1978 agency upon request of such law enforcement agency. 1979 Raised Bill No. 6697 LCO No. 4402 65 of 93 (r) The commissioner may inspect and shall have access to the 1980 buildings, equipment, supplies, vehicles, records, real property and 1981 other information that the commissioner deems necessary to carry out 1982 the commissioner's duties pursuant to this section from any person 1983 participating in producing, handling, storing, marketing or researching 1984 hemp. 1985 (s) All licensees pursuant to this section shall maintain records 1986 required by the federal act, the state plan, this section and any regulation 1987 adopted pursuant to this section. Each licensee shall make such records 1988 available to the department immediately upon request of the 1989 commissioner and in electronic format, if available. 1990 (t) The commissioner may adopt regulations, in accordance with the 1991 provisions of chapter 54, to implement the provisions of this section 1992 including, but not limited to, the labeling of producer hemp products. 1993 [(u) Notwithstanding any provision of the general statutes: (1) 1994 Marijuana does not include hemp or hemp products; (2) THC that does 1995 not exceed 0.3 per cent by dry weight and that is found in hemp shall 1996 not be considered to be THC that constitutes a controlled substance; (3) 1997 hemp-derived cannabidiols, including CBD, shall not constitute 1998 controlled substances or adulterants solely on the basis of containing 1999 CBD; and (4) hemp products that contain one or more hemp-derived 2000 cannabidiols, such as CBD, intended for ingestion shall be considered 2001 foods, not controlled substances or adulterated products solely on the 2002 basis of the containing hemp-derived cannabidiols.] 2003 [(v)] (u) Whenever the commissioner believes or has reasonable cause 2004 to believe that the actions of a licensee or any employee of a producer 2005 licensee are in violation of the federal act, the state plan, or any state law 2006 concerning the growing, cultivation, handling, transporting or 2007 possession of marijuana, the commissioner shall notify the Department 2008 of Emergency Services and Public Protection and the Division of State 2009 Police. 2010 Sec. 23. Section 22-61m of the general statutes is repealed and the 2011 Raised Bill No. 6697 LCO No. 4402 66 of 93 following is substituted in lieu thereof (Effective October 1, 2023): 2012 (a) No person shall manufacture in the state without a license to 2013 manufacture issued by the Commissioner of Consumer Protection. 2014 (b) Each applicant for a manufacturer license shall submit an 2015 application on a form and in a manner prescribed by the Commissioner 2016 of Consumer Protection. 2017 (c) The following fees shall apply for a license to manufacture: 2018 (1) A nonrefundable license application fee of seventy-five dollars; 2019 and 2020 (2) A nonrefundable licensing fee of three hundred seventy-five 2021 dollars for a license to manufacture hemp. 2022 (d) A license to manufacture issued by the Commissioner of 2023 Consumer Protection pursuant to this section shall expire triennially on 2024 June thirtieth. Such licenses shall not be transferable. 2025 (e) In accordance with a hearing held pursuant to chapter 54, the 2026 Commissioner of Consumer Protection may deny, suspend or revoke a 2027 manufacturer license, issue fines of not more than two thousand five 2028 hundred dollars per violation and place conditions upon a 2029 manufacturer licensee who violates the provisions of this section and 2030 any regulation adopted pursuant to this section. 2031 (f) (1) Any individual who manufactures in this state without 2032 obtaining a license pursuant to this section or who manufactures in this 2033 state after such entity's license is suspended or revoked shall be fined 2034 two hundred fifty dollars in accordance with the provisions of section 2035 51-164n. 2036 (2) Any entity who manufactures in this state without obtaining a 2037 license pursuant to this section, or who manufactures in this state after 2038 having a license suspended, shall be fined not more than two thousand 2039 five hundred dollars per violation after a hearing conducted in 2040 Raised Bill No. 6697 LCO No. 4402 67 of 93 accordance with the provisions of chapter 54. 2041 (g) Nothing in this chapter or any regulations adopted pursuant to 2042 this chapter shall be construed to apply to persons licensed pursuant to 2043 section 21a-408i nor to require persons licensed pursuant to said section 2044 to obtain a license pursuant to this chapter. 2045 (h) The Commissioner of Consumer Protection may inspect and shall 2046 have access to the buildings, equipment, supplies, vehicles, records, real 2047 property and other information of any manufacturer applicant or 2048 licensee that the commissioner deems necessary to carry out the 2049 commissioner's duties pursuant to this section. 2050 (i) (1) Each manufacturer shall follow the protocol in this subsection 2051 for disposing of cannabis in the event that any hemp or hemp product 2052 is deemed to exceed the prescribed THC concentration, as determined 2053 by the Commissioner of Consumer Protection, or a manufacturer 2054 licensee in possession of hemp or hemp products who desires to dispose 2055 of obsolete, misbranded, excess or otherwise undesired product. Each 2056 manufacturer licensee shall be responsible for all costs of disposal of 2057 hemp samples and any hemp produced by such licensee that violates 2058 the provisions of this section or any regulation adopted pursuant to this 2059 section. Any cannabis that exceeds the prescribed THC concentration 2060 allowable in hemp or hemp products shall be immediately embargoed 2061 by such manufacturer and clearly labeled as adulterated by such 2062 licensee and such licensee shall immediately notify both the Department 2063 of Consumer Protection and the Department of Agriculture, in writing, 2064 of such adulterated product. Such adulterated product shall be 2065 destroyed and disposed of by the following method, as determined by 2066 the Commissioner of Consumer Protection: 2067 (A) Surrender, without compensation, of such hemp or hemp product 2068 to the Commissioner of Consumer Protection who shall be responsible 2069 for the destruction and disposal of such adulterated product; or 2070 (B) By disposal in a manner prescribed by the Commissioner of 2071 Consumer Protection. 2072 Raised Bill No. 6697 LCO No. 4402 68 of 93 (2) Notwithstanding the provisions of subdivision (1) of this 2073 subsection, upon written request of a manufacturer, the Commissioner 2074 of Consumer Protection may permit such manufacturer to combine 2075 different batches of raw hemp plant material to achieve a THC 2076 concentration of 0.3 per cent on a dry weight basis, in lieu of embargo 2077 or destruction. 2078 (j) The manufacturer or manufacturer's authorized designee 2079 disposing of the hemp or hemp products shall maintain and make 2080 available to the Commissioner of Consumer Protection a record of each 2081 such disposal or destruction of product indicating: 2082 (1) The date, time and location of disposal or destruction; 2083 (2) The manner of disposal or destruction; 2084 (3) The batch or lot information and quantity of hemp or hemp 2085 product disposed of or destroyed; and 2086 (4) The signatures of the persons disposing of the hemp or hemp 2087 products, the authorized representative of the Commissioner of 2088 Consumer Protection and any other persons present during the 2089 disposal. 2090 (k) Any hemp intended to be manufactured into a manufacturer 2091 hemp product shall be tested by an independent testing laboratory 2092 located in this state. A manufacturer licensee shall make available 2093 samples, in an amount and type determined by the Commissioner of 2094 Consumer Protection, of hemp for an independent testing laboratory 2095 employee to select random samples. The independent testing laboratory 2096 shall test each sample [for microbiological contaminants, mycotoxins, 2097 heavy metals and pesticide chemical residue, and for purposes of 2098 conducting an active ingredient analysis, if applicable, as determined by 2099 the Commissioner of Consumer Protection] in accordance with the 2100 laboratory testing standards established in policies, procedures and 2101 regulations adopted by the commissioner pursuant to section 21a-421j. 2102 Raised Bill No. 6697 LCO No. 4402 69 of 93 (l) Once a batch of hemp, intended to be sold as a manufacturer hemp 2103 product, has been homogenized for sample testing and eventual 2104 packaging and sale, until the independent testing laboratory provides 2105 the results from its tests and analysis, the manufacturer licensee shall 2106 segregate and withhold from use the entire batch of hemp that is 2107 intended for use as a manufacturer hemp product, except the samples 2108 that have been removed by the independent testing laboratory for 2109 testing. During this period of segregation, the manufacturer licensee 2110 shall maintain the hemp batch in a secure, cool and dry location, as 2111 prescribed by the Commissioner of Consumer Protection, so as to 2112 prevent the hemp from becoming adulterated. Such manufacturer shall 2113 not manufacture or sell a manufacturer hemp product prior to the time 2114 that the independent testing laboratory completes testing and analysis 2115 and provides such results, in writing, to the manufacturer licensee who 2116 initiated such testing. 2117 (m) An independent testing laboratory shall immediately return or 2118 dispose of any hemp or manufacturer hemp product upon the 2119 completion of any testing, use or research. If an independent testing 2120 laboratory disposes of hemp or manufacturer hemp products, the 2121 laboratory shall dispose of such hemp in the following manner, as 2122 determined by the Commissioner of Consumer Protection: 2123 (1) By surrender, without compensation, of such hemp or 2124 manufacturer hemp product to the Commissioner of Consumer 2125 Protection who shall be responsible for the destruction and disposal of 2126 such hemp or hemp product; or 2127 (2) By disposal in a manner prescribed by the Commissioner of 2128 Consumer Protection. 2129 (n) If a sample does not pass the microbiological, mycotoxin, heavy 2130 metal or pesticide chemical residue test, based on the laboratory testing 2131 standards [prescribed by the Commissioner of Consumer Protection 2132 and published on the Internet web site of the Department of Consumer 2133 Protection] established in policies, procedures and regulations adopted 2134 Raised Bill No. 6697 LCO No. 4402 70 of 93 by the Commissioner of Consumer Protection pursuant to section 21a-2135 421j, the manufacturer licensee who sent such batch for testing shall: 2136 (1) Retest and reanalyze the hemp from which the sample was taken 2137 by having an employee from the same laboratory randomly select 2138 another sample from the same hemp batch. If the sample used to retest 2139 or reanalyze such hemp yields satisfactory results for all testing 2140 required under this section, an employee from a different laboratory 2141 shall randomly select a different sample from the same hemp batch for 2142 testing. If both samples yield satisfactory results for all testing required 2143 under this section, the hemp batch from which the samples were taken 2144 shall be released for manufacturing, processing and sale; 2145 (2) If a remediation plan sufficient to ensure public health and safety 2146 is submitted to and approved by the commissioner, remediate the hemp 2147 batch from which the sample was taken and have a laboratory employee 2148 randomly select a sample from such remediated hemp batch. If such 2149 randomly selected sample yields satisfactory results for any testing 2150 required under this section, an employee from a different laboratory 2151 shall randomly select a different sample from the same hemp batch for 2152 testing. If both samples yield satisfactory results for all testing required 2153 under this section, the hemp batch from which the samples were taken 2154 may be released for manufacturing, processing or sale; or 2155 (3) If the manufacturer does not retest or remediate, or, if any 2156 subsequent laboratory testing does not yield satisfactory results for any 2157 testing required under this section, dispose of the entire batch from 2158 which the sample was taken in accordance with procedures established 2159 by the Commissioner of Consumer Protection pursuant to subdivision 2160 (1) of subsection (i) of this section. 2161 (o) If a sample passes the microbiological, mycotoxin, heavy metal 2162 and pesticide chemical residue test, the independent testing laboratory 2163 shall release the entire batch for manufacturing, processing or sale. 2164 (p) The independent testing laboratory shall file with the Department 2165 of Consumer Protection an electronic copy of each laboratory test result 2166 Raised Bill No. 6697 LCO No. 4402 71 of 93 for any batch that does not pass the microbiological, mycotoxin, heavy 2167 metal or pesticide chemical residue test, at the same time that it 2168 transmits such results to the manufacturer licensee who requested such 2169 testing. Each independent testing laboratory shall maintain the test 2170 results of each tested batch for a period of three years and shall make 2171 such results available to the Department of Consumer Protection upon 2172 request. 2173 (q) Manufacturer licensees shall maintain records required by the 2174 federal act, this section and any regulation adopted pursuant to this 2175 section. Each manufacturer licensee shall make such records available 2176 to the Department of Consumer Protection immediately upon request 2177 and in electronic format, if available. 2178 (r) The Commissioner of Consumer Protection may adopt 2179 regulations, in accordance with the provisions of chapter 54, to 2180 implement the provisions of this section including, but not limited to, 2181 establishing sampling and testing procedures to ensure compliance 2182 with this section, prescribing storage and disposal procedures for hemp, 2183 marijuana and manufacturer hemp products that fail to pass 2184 Department of Consumer Protection prescribed independent testing 2185 laboratory testing standards and establishing advertising and labeling 2186 requirements for manufacturer hemp products. 2187 (s) Any claim of health impacts, medical effects or physical or mental 2188 benefits shall be prohibited on any advertising for, labeling of or 2189 marketing of manufacturer hemp products. Any violation of this 2190 subsection shall be deemed an unfair or deceptive trade practice under 2191 chapter 735a. 2192 (t) Not later than February 1, 2020, the Commissioners of Agriculture 2193 and Consumer Protection shall submit a report, in accordance with 2194 section 11-4a, to the joint standing committee of the general assembly 2195 having cognizance of matters relating to the environment on the status 2196 of the pilot program, the development of the state plan and any 2197 regulations for such pilot program or state plan. Additionally such 2198 Raised Bill No. 6697 LCO No. 4402 72 of 93 report shall include any legislative recommendations, including, but not 2199 limited to, any recommendations for requiring the registration of any 2200 manufacturer hemp product offered for sale in this state. 2201 (u) Any person who sells manufacturer hemp products shall not be 2202 required to be licensed, provided such person only engages in: (1) The 2203 retail or wholesale sale of manufacturer hemp products in which no 2204 further manufacturing of hemp occurs, provided such manufacturer 2205 hemp products are acquired from a person authorized to manufacture 2206 the manufacturer hemp products under the laws of this state or another 2207 state, territory or possession of the United States or another sovereign 2208 entity; (2) the acquisition of manufacturer hemp products for the sole 2209 purpose of product distribution for resale; or (3) the retail sale of 2210 manufacturer hemp products that is otherwise authorized under federal 2211 or state law. 2212 (v) No manufacturer hemp product offered for sale in this state, or to 2213 a consumer in this state, shall contain any synthetic cannabinoid, as 2214 defined in section 21a-240, as amended by this act. 2215 (w) No manufacturer hemp product offered for sale in this state, or 2216 to a consumer in this state, shall be packaged, presented or advertised 2217 in a manner that is likely to mislead a consumer by incorporating any 2218 statement, brand, design, representation, picture, illustration or other 2219 depiction that: (1) Bears a reasonable resemblance to trademarked or 2220 characteristic packaging of (A) cannabis offered for sale (i) in this state 2221 by a cannabis establishment licensed in this state, or (ii) on tribal land 2222 by a tribal credentialed cannabis entity, or (B) a commercially available 2223 product other than a cannabis product, as defined in section 21a-420, as 2224 amended by this act; or (2) implies that the manufacturer hemp product 2225 (A) is a cannabis product, as defined in section 21a-420, as amended by 2226 this act, (B) contains a total THC concentration greater than three-tenths 2227 per cent on a dry-weight basis, or (C) is a high-THC hemp product, as 2228 defined in section 21a-240, as amended by this act. 2229 [(v)] (x) Notwithstanding any provision of the general statutes: (1) 2230 Raised Bill No. 6697 LCO No. 4402 73 of 93 [Marijuana does not include manufacturer hemp products; (2)] CBD 2231 that is found in manufacturer hemp products shall not be considered a 2232 controlled substance, as defined in section 21a-240, as amended by this 2233 act, or legend drug, as defined in section 20-571; and [(3) cannabinoids] 2234 (2) CBD derived from hemp and contained in manufacturer hemp 2235 products shall not be considered [controlled substances or adulterants] 2236 a controlled substance or adulterant. 2237 Sec. 24. Subsection (a) of section 10-19 of the general statutes is 2238 repealed and the following is substituted in lieu thereof (Effective October 2239 1, 2023): 2240 (a) The knowledge, skills and attitudes required to understand and 2241 avoid the effects of alcohol, of nicotine or tobacco and of drugs, as 2242 defined in [subdivision (17) of] section 21a-240, as amended by this act, 2243 on health, character, citizenship and personality development shall be 2244 taught every academic year to pupils in all grades in the public schools; 2245 and, in teaching such subjects, textbooks and such other materials as are 2246 necessary shall be used. Annually, at such time and in such manner as 2247 the Commissioner of Education shall request, each local and regional 2248 board of education shall attest to the State Board of Education that all 2249 pupils enrolled in its schools have been taught such subjects pursuant 2250 to this subsection and in accordance with a planned, ongoing and 2251 systematic program of instruction. The content and scheduling of 2252 instruction shall be within the discretion of the local or regional board 2253 of education. Institutions of higher education approved by the State 2254 Board of Education to train teachers shall give instruction on the 2255 subjects prescribed in this section and concerning the best methods of 2256 teaching the same. The State Board of Education and the Board of 2257 Regents for Higher Education in consultation with the Commissioner of 2258 Mental Health and Addiction Services and the Commissioner of Public 2259 Health shall develop health education or other programs for elementary 2260 and secondary schools and for the training of teachers, administrators 2261 and guidance personnel with reference to understanding and avoiding 2262 the effects of nicotine or tobacco, alcohol and drugs. 2263 Raised Bill No. 6697 LCO No. 4402 74 of 93 Sec. 25. Subsection (a) of section 10-220a of the general statutes is 2264 repealed and the following is substituted in lieu thereof (Effective October 2265 1, 2023): 2266 (a) Each local or regional board of education shall provide an in-2267 service training program for its teachers, administrators and pupil 2268 personnel who hold the initial educator, provisional educator or 2269 professional educator certificate. Such program shall provide such 2270 teachers, administrators and pupil personnel with information on (1) 2271 the nature and the relationship of alcohol and drugs, as defined in 2272 [subdivision (17) of] section 21a-240, as amended by this act, to health 2273 and personality development, and procedures for discouraging their 2274 abuse, (2) health and mental health risk reduction education that 2275 includes, but need not be limited to, the prevention of risk-taking 2276 behavior by children and the relationship of such behavior to substance 2277 abuse, pregnancy, sexually transmitted diseases, including HIV-2278 infection and AIDS, as defined in section 19a-581, violence, teen dating 2279 violence, domestic violence and child abuse, (3) school violence 2280 prevention, conflict resolution, the prevention of and response to youth 2281 suicide and the identification and prevention of and response to 2282 bullying, as defined in subsection (a) of section 10-222d, except that 2283 those boards of education that implement any evidence-based model 2284 approach that is approved by the Department of Education and is 2285 consistent with subsection (c) of section 10-145a, sections 10-222d, 10-2286 222g and 10-222h, subsection (g) of section 10-233c and sections 1 and 3 2287 of public act 08-160, shall not be required to provide in-service training 2288 on the identification and prevention of and response to bullying, (4) 2289 cardiopulmonary resuscitation and other emergency life saving 2290 procedures, (5) the requirements and obligations of a mandated 2291 reporter, (6) the detection and recognition of, and evidence-based 2292 structured literacy interventions for, students with dyslexia, as defined 2293 in section 10-3d, (7) culturally responsive pedagogy and practice, 2294 including, but not limited to, the video training module relating to 2295 implicit bias and anti-bias in the hiring process in accordance with the 2296 provisions of section 10-156hh, and (8) the principles and practices of 2297 Raised Bill No. 6697 LCO No. 4402 75 of 93 social-emotional learning and restorative practices. Each local or 2298 regional board of education may allow any paraprofessional or 2299 noncertified employee to participate, on a voluntary basis, in any in-2300 service training program provided pursuant to this section. 2301 Sec. 26. Subsection (e) of section 10-221 of the general statutes is 2302 repealed and the following is substituted in lieu thereof (Effective October 2303 1, 2023): 2304 (e) Each local and regional board of education shall develop, adopt 2305 and implement policies and procedures in conformity with section 10-2306 154a for (1) dealing with the use, sale or possession of alcohol or 2307 controlled drugs, as defined in [subdivision (8) of] section 21a-240, as 2308 amended by this act, by public school students on school property, 2309 including a process for coordination with, and referral of such students 2310 to, appropriate agencies, and (2) cooperating with law enforcement 2311 officials. On and after January 1, 2022, no such policies and procedures 2312 shall result in a student facing greater discipline, punishment or 2313 sanction for use, sale or possession of cannabis than a student would 2314 face for the use, sale or possession of alcohol. 2315 Sec. 27. Subsections (a) to (e), inclusive, of section 10-233d of the 2316 general statutes are repealed and the following is substituted in lieu 2317 thereof (Effective October 1, 2023): 2318 (a) (1) Any local or regional board of education, at a meeting at which 2319 three or more members of such board are present, or the impartial 2320 hearing board established pursuant to subsection (b) of this section, may 2321 expel, subject to the provisions of this subsection, any pupil in grades 2322 three to twelve, inclusive, whose conduct on school grounds or at a 2323 school-sponsored activity is violative of a publicized policy of such 2324 board and is seriously disruptive of the educational process or 2325 endangers persons or property or whose conduct off school grounds is 2326 violative of such policy and is seriously disruptive of the educational 2327 process, provided a majority of the board members sitting in the 2328 expulsion hearing vote to expel and that at least three affirmative votes 2329 Raised Bill No. 6697 LCO No. 4402 76 of 93 for expulsion are cast. In making a determination as to whether conduct 2330 is seriously disruptive of the educational process, the board of education 2331 or impartial hearing board may consider, but such consideration shall 2332 not be limited to: (A) Whether the incident occurred within close 2333 proximity of a school; (B) whether other students from the school were 2334 involved or whether there was any gang involvement; (C) whether the 2335 conduct involved violence, threats of violence or the unlawful use of a 2336 weapon, as defined in section 29-38, and whether any injuries occurred; 2337 and (D) whether the conduct involved the use of alcohol. 2338 (2) Expulsion proceedings pursuant to this section, except as 2339 provided in subsection (i) of this section, shall be required for any pupil 2340 in grades kindergarten to twelve, inclusive, whenever there is reason to 2341 believe that any pupil (A) on school grounds or at a school-sponsored 2342 activity, was in possession of a firearm, as defined in 18 USC 921, as 2343 amended from time to time, or deadly weapon, dangerous instrument 2344 or martial arts weapon, as defined in section 53a-3, (B) off school 2345 grounds, did possess such a firearm in violation of section 29-35 or did 2346 possess and use such a firearm, instrument or weapon in the 2347 commission of a crime under chapter 952, or (C) on or off school 2348 grounds, offered for sale or distribution a controlled substance, as 2349 defined in [subdivision (9) of] section 21a-240, as amended by this act, 2350 whose manufacture, distribution, sale, prescription, dispensing, 2351 transporting or possessing with intent to sell or dispense, offering, or 2352 administering is subject to criminal penalties under sections 21a-277, as 2353 amended by this act, and 21a-278, as amended by this act. Such a pupil 2354 shall be expelled for one calendar year if the local or regional board of 2355 education or impartial hearing board finds that the pupil did so possess 2356 or so possess and use, as appropriate, such a firearm, instrument or 2357 weapon or did so offer for sale or distribution such a controlled 2358 substance, provided the board of education or the hearing board may 2359 modify the period of expulsion for a pupil on a case-by-case basis, and 2360 as provided for in subdivision (2) of subsection (c) of this section. 2361 (3) Unless an emergency exists, no pupil shall be expelled without a 2362 formal hearing held pursuant to sections 4-176e to 4-180a, inclusive, and 2363 Raised Bill No. 6697 LCO No. 4402 77 of 93 section 4-181a, provided whenever such pupil is a minor, the notice 2364 required by section 4-177 and section 4-180 shall also be given to the 2365 parents or guardian of the pupil at least five business days before such 2366 hearing. If an emergency exists, such hearing shall be held as soon after 2367 the expulsion as possible. The notice shall include information 2368 concerning the parent's or guardian's and the pupil's legal rights and 2369 concerning legal services provided free of charge or at a reduced rate 2370 that are available locally and how to access such services. An attorney 2371 or other advocate may represent any pupil subject to expulsion 2372 proceedings. The parent or guardian of the pupil shall have the right to 2373 have the expulsion hearing postponed for up to one week to allow time 2374 to obtain representation, except that if an emergency exists, such hearing 2375 shall be held as soon after the expulsion as possible. 2376 (b) For purposes of conducting expulsion hearings as required by 2377 subsection (a) of this section, any local or regional board of education or 2378 any two or more of such boards in cooperation may establish an 2379 impartial hearing board of one or more persons. No member of any such 2380 board or boards shall be a member of the hearing board. The hearing 2381 board shall have the authority to conduct the expulsion hearing and 2382 render a final decision in accordance with the provisions of sections 4-2383 176e to 4-180a, inclusive, and section 4-181a. 2384 (c) (1) In determining the length of an expulsion and the nature of the 2385 alternative educational opportunity to be offered under subsection (d) 2386 of this section, the local or regional board of education, or the impartial 2387 hearing board established pursuant to subsection (b) of this section, may 2388 receive and consider evidence of past disciplinary problems that have 2389 led to removal from a classroom, suspension or expulsion of such pupil. 2390 (2) For any pupil expelled for the first time pursuant to this section 2391 and who has never been suspended pursuant to section 10-233c, except 2392 for a pupil who has been expelled based on possession of a firearm or 2393 deadly weapon as described in subsection (a) of this section, the local or 2394 regional board of education may shorten the length of or waive the 2395 expulsion period if the pupil successfully completes a board-specified 2396 Raised Bill No. 6697 LCO No. 4402 78 of 93 program and meets any other conditions required by the board. Such 2397 board-specified program shall not require the pupil or the parent or 2398 guardian of the pupil to pay for participation in the program. 2399 (d) No local or regional board of education is required to offer an 2400 alternative educational opportunity, except in accordance with this 2401 section. Any pupil under sixteen years of age who is expelled shall be 2402 offered an alternative educational opportunity, which shall be (1) 2403 alternative education, as defined by section 10-74j, with an 2404 individualized learning plan, if such board provides such alternative 2405 education, or (2) in accordance with the standards adopted by the State 2406 Board of Education, pursuant to section 10-233o, during the period of 2407 expulsion, provided any parent or guardian of such pupil who does not 2408 choose to have [his or her] such parent's or guardian's child enrolled in 2409 an alternative educational opportunity shall not be subject to the 2410 provisions of section 10-184. Any pupil expelled for the first time who 2411 is between the ages of sixteen and eighteen and who wishes to continue 2412 [his or her] such pupil's education shall be offered such an alternative 2413 educational opportunity if [he or she] such pupil complies with 2414 conditions established by [his or her] such pupil's local or regional board 2415 of education. Such alternative educational opportunity may include, but 2416 shall not be limited to, the placement of a pupil who is at least seventeen 2417 years of age in an adult education program pursuant to section 10-69. 2418 Any pupil participating in any such adult education program during a 2419 period of expulsion shall not be required to withdraw from school under 2420 section 10-184. A local or regional board of education shall count the 2421 expulsion of a pupil when [he] the pupil was under sixteen years of age 2422 for purposes of determining whether an alternative educational 2423 opportunity is required for such pupil when [he] such pupil is between 2424 the ages of sixteen and eighteen. A local or regional board of education 2425 may offer an alternative educational opportunity to a pupil for whom 2426 such alternative educational opportunity is not required pursuant to 2427 this section. 2428 (e) If a pupil is expelled pursuant to this section for possession of a 2429 firearm, as defined in 18 USC 921, as amended from time to time, or 2430 Raised Bill No. 6697 LCO No. 4402 79 of 93 deadly weapon, dangerous instrument or martial arts weapon, as 2431 defined in section 53a-3, the board of education shall report the violation 2432 to the local police department or in the case of a student enrolled in a 2433 technical education and career school to the state police. If a pupil is 2434 expelled pursuant to this section for the sale or distribution of a 2435 controlled substance, as defined in [subdivision (9) of] section 21a-240, 2436 as amended by this act, whose manufacture, distribution, sale, 2437 prescription, dispensing, transporting or possessing with the intent to 2438 sell or dispense, offering, or administration is subject to criminal 2439 penalties under sections 21a-277, as amended by this act, and 21a-278, 2440 as amended by this act, the board of education shall refer the pupil to 2441 an appropriate state or local agency for rehabilitation, intervention or 2442 job training, or any combination thereof, and inform the agency of its 2443 action. 2444 Sec. 28. Section 10a-18 of the general statutes is repealed and the 2445 following is substituted in lieu thereof (Effective October 1, 2023): 2446 On and after September 1, 1974, all state institutions of higher 2447 education shall offer a program of information concerning drugs, as 2448 defined in [subdivision (17) of] section 21a-240, as amended by this act, 2449 and alcohol and instruction in the use and the relationships of such 2450 drugs and alcohol to health and personality development, and in 2451 procedures for discouraging their abuse, which programs shall be 2452 coordinated with those developed under section 10-19, as amended by 2453 this act. 2454 Sec. 29. Subdivision (4) of subsection (a) of section 10a-55c of the 2455 general statutes is repealed and the following is substituted in lieu 2456 thereof (Effective October 1, 2023): 2457 (4) A statement of policy regarding the possession, use and sale of 2458 alcoholic beverages and controlled substances, as defined in 2459 [subdivision (9) of] section 21a-240, as amended by this act; 2460 Sec. 30. Subsection (b) of section 20-34 of the general statutes is 2461 repealed and the following is substituted in lieu thereof (Effective October 2462 Raised Bill No. 6697 LCO No. 4402 80 of 93 1, 2023): 2463 (b) For purposes of subsection (a) of this section, "natural substances" 2464 means substances that are not narcotic substances, as defined in 2465 [subdivision (30) of] section 21a-240, as amended by this act, do not 2466 require the written or oral prescription of a licensed practitioner to be 2467 dispensed and are only administered orally. 2468 Sec. 31. Subsection (a) of section 21a-248 of the general statutes is 2469 repealed and the following is substituted in lieu thereof (Effective October 2470 1, 2023): 2471 (a) A licensed manufacturer or wholesaler may sell and dispense 2472 controlled drugs to any of the following-named persons, but in the case 2473 of schedule II drugs only on an official written order or electronically 2474 through the Drug Enforcement Agency's Controlled Substance 2475 Ordering System: (1) To a manufacturer, wholesaler or pharmacist; (2) 2476 to a physician, dentist or veterinarian; (3) to a person in charge of a 2477 hospital, incorporated college or scientific institution, but only for use 2478 by or in that hospital, incorporated college or scientific institution for 2479 medical or scientific purposes; (4) to a person in charge of a laboratory, 2480 but only for use in that laboratory for scientific and medical purposes; 2481 and (5) to any registrant as defined in [subdivision (47) of] section 21a-2482 240, as amended by this act. 2483 Sec. 32. Section 21a-263 of the general statutes is repealed and the 2484 following is substituted in lieu thereof (Effective October 1, 2023): 2485 The Commissioner of Consumer Protection may receive, take into 2486 custody or destroy any drug paraphernalia as defined in subdivision 2487 [(20)] (19) of section 21a-240, as amended by this act. Said commissioner 2488 shall keep a full and complete record of all drug paraphernalia received 2489 and disposed of, showing the exact kinds, quantities and forms of such 2490 drug paraphernalia, the persons from whom received, by whose 2491 authority received and destroyed, and the dates of the receipt or 2492 destruction. Drug paraphernalia held by law enforcement agencies or 2493 court officials as evidence in criminal proceedings, or drug 2494 Raised Bill No. 6697 LCO No. 4402 81 of 93 paraphernalia seized or held as contraband shall be destroyed upon the 2495 order of the court by the seizing authority or delivered to the 2496 Commissioner of Consumer Protection as soon as possible upon 2497 termination of the proceedings or resolution of the case. 2498 Sec. 33. Subsection (a) of section 21a-267 of the general statutes is 2499 repealed and the following is substituted in lieu thereof (Effective October 2500 1, 2023): 2501 (a) No person shall use or possess with intent to use drug 2502 paraphernalia, as defined in subdivision [(20)] (19) of section 21a-240, as 2503 amended by this act, to plant, propagate, cultivate, grow, harvest, 2504 manufacture, compound, convert, produce, process, prepare, test, 2505 analyze, pack, repack, store, contain or conceal, or to ingest, inhale or 2506 otherwise introduce into the human body, any controlled substance, as 2507 defined in [subdivision (9) of] section 21a-240, as amended by this act, 2508 other than cannabis. Any person who violates any provision of this 2509 subsection shall be guilty of a class C misdemeanor. 2510 Sec. 34. Section 21a-270 of the general statutes is repealed and the 2511 following is substituted in lieu thereof (Effective October 1, 2023): 2512 In determining whether any object or material listed in subdivision 2513 [(20)] (19) of section 21a-240, as amended by this act, shall be deemed 2514 "drug paraphernalia", a court or other authority shall, in addition to all 2515 other logically relevant factors, consider the following: 2516 (1) Statements by an owner or by anyone in control of the object 2517 concerning its use; 2518 (2) The proximity of the object to any controlled substances; 2519 (3) The existence of any residue of controlled substances on the object; 2520 (4) Evidence of the intent of an owner, or of anyone in control of the 2521 object, to deliver it to persons whom [he] the owner knows, or should 2522 reasonably know, intend to use the object to facilitate a violation of this 2523 section, subdivision [(20)] (19) of section 21a-240, as amended by this 2524 Raised Bill No. 6697 LCO No. 4402 82 of 93 act, and sections 21a-263, as amended by this act, 21a-267, as amended 2525 by this act, and 21a-271, as amended by this act; 2526 (5) Instructions, oral or written, provided with the object concerning 2527 its use with a controlled substance; 2528 (6) Descriptive materials accompanying the object which explain or 2529 depict its use with a controlled substance; 2530 (7) National and local advertising concerning its use; 2531 (8) The manner in which the object is displayed for sale; 2532 (9) Whether the owner, or anyone in control of the object, is a 2533 legitimate supplier of like or related items to the community, such as a 2534 licensed distributor or dealer of tobacco products; 2535 (10) Evidence of the ratio of sales of the object to the total sales of the 2536 business enterprise; 2537 (11) The existence and scope of legitimate uses for the object in the 2538 community; 2539 (12) Expert testimony concerning its use. 2540 Sec. 35. Section 21a-271 of the general statutes is repealed and the 2541 following is substituted in lieu thereof (Effective October 1, 2023): 2542 If any section, part, clause or phrase in subdivision [(20)] (19) of 2543 section 21a-240, as amended by this act, section 21a-263, as amended by 2544 this act, 21a-267, as amended by this act, 21a-270, as amended by this 2545 act, or this section, is for any reason held to be invalid or 2546 unconstitutional, sections, parts, clauses and phrases in said sections not 2547 held to be invalid or unconstitutional shall not be affected and shall 2548 remain in full force and effect. 2549 Sec. 36. Subsection (c) of section 21a-277 of the general statutes is 2550 repealed and the following is substituted in lieu thereof (Effective October 2551 1, 2023): 2552 Raised Bill No. 6697 LCO No. 4402 83 of 93 (c) No person may knowingly possess drug paraphernalia in a drug 2553 factory situation as defined by subdivision [(20)] (19) of section 21a-240, 2554 as amended by this act, for the unlawful mixing, compounding or 2555 otherwise preparing any controlled substance for purposes of violation 2556 of this chapter. 2557 Sec. 37. Subdivision (1) of subsection (b) of section 21a-278 of the 2558 general statutes is repealed and the following is substituted in lieu 2559 thereof (Effective October 1, 2023): 2560 (b) (1) No person may manufacture, distribute, sell, prescribe, 2561 dispense, compound, transport with the intent to sell or dispense, 2562 possess with the intent to sell or dispense, offer, give or administer to 2563 another person, except as authorized in this chapter or chapter 420f, (A) 2564 a narcotic substance, (B) a hallucinogenic substance, (C) an 2565 amphetamine-type substance, or (D) one kilogram or more of [a 2566 cannabis-type substance] marijuana. The provisions of this subdivision 2567 shall not apply to a person who is, at the time of the commission of the 2568 offense, a drug-dependent person. 2569 Sec. 38. Subsection (k) of section 21a-420d of the general statutes is 2570 repealed and the following is substituted in lieu thereof (Effective October 2571 1, 2023): 2572 (k) The council shall develop criteria for evaluating the ownership 2573 and control of any equity joint venture created under section 21a-420m, 2574 as amended by this act, 21a-420u, as amended by this act, or section 21a-2575 420j, as amended by this act, and shall review and approve or deny in 2576 writing such equity joint venture prior to such equity joint venture being 2577 licensed under section 21a-420m, as amended by this act, 21a-420u, as 2578 amended by this act, or section 21a-420j, as amended by this act. After 2579 developing criteria for social equity plans as described in subdivision 2580 (5) of subsection (h) of this section, the council shall review and approve 2581 or deny in writing any such plan submitted by a cannabis establishment 2582 as part of its final license application. The council shall not approve any 2583 equity joint venture applicant which shares with an equity joint venture 2584 Raised Bill No. 6697 LCO No. 4402 84 of 93 any individual owner who meets the criteria established in 2585 subparagraphs (A) and (B) of subdivision [(48)] (47) of section 21a-420, 2586 as amended by this act. 2587 Sec. 39. Subsection (a) of section 54-142v of the general statutes is 2588 repealed and the following is substituted in lieu thereof (Effective October 2589 1, 2023): 2590 (a) (1) Any person who has been convicted in any court in this state 2591 (A) (i) on October 1, 2015, or thereafter, and prior to July 1, 2021, or (ii) 2592 prior to January 1, 2000, of a violation of section 21a-279 for possession 2593 of [a cannabis-type substance] cannabis and the amount possessed was 2594 less than or equal to four ounces of such substance, (B) prior to July 1, 2595 2021, of a violation of subsection (a) of section 21a-267, as amended by 2596 this act, for use or possession with intent to use of drug paraphernalia 2597 to store, contain or conceal, or to ingest, inhale or otherwise introduce 2598 into the human body cannabis, or (C) prior to July 1, 2021, of a violation 2599 of subsection (b) of section 21a-277, as amended by this act, for 2600 manufacturing, distributing, selling, prescribing, compounding, 2601 transporting with the intent to sell or dispense, possessing with the 2602 intent to sell or dispense, offering, giving or administering to another 2603 person [a cannabis-type substance] cannabis and the amount involved 2604 was less than or equal to four ounces or six plants grown inside such 2605 person's own primary residence for personal use may file a petition with 2606 the Superior Court at the location in which such conviction was effected, 2607 or with the Superior Court at the location having custody of the records 2608 of such conviction or if such conviction was in the Court of Common 2609 Pleas, Circuit Court, municipal court or by a trial justice, in the Superior 2610 Court where venue would currently exist for criminal prosecution, for 2611 an order of erasure. 2612 (2) As part of such petition, such person shall include a copy of the 2613 arrest record or an affidavit supporting such person's petition that, in 2614 the case of a violation of section 21a-279, such person possessed four 2615 ounces or less of [a cannabis-type substance] cannabis for which such 2616 person was convicted, in the case of a violation of subsection (a) of 2617 Raised Bill No. 6697 LCO No. 4402 85 of 93 section 21a-267, as amended by this act, such person used or possessed 2618 with intent to use such drug paraphernalia only to store, contain or 2619 conceal, or to ingest, inhale or otherwise introduce into the human body 2620 cannabis or in the case of a violation of subsection (b) of section 21a-277, 2621 as amended by this act, such person manufactured, distributed, sold, 2622 prescribed, compounded, transported with the intent to sell or dispense, 2623 possessed with the intent to sell or dispense, offered, gave or 2624 administered to another person less than or equal to four ounces of [a 2625 cannabis-type substance] marijuana or six cannabis plants grown inside 2626 such person's own primary residence for personal use. 2627 (3) If such petition is in order, the Superior Court shall direct all police 2628 and court records and records of the state's or prosecuting attorney 2629 pertaining to such offense to be erased pursuant to the provisions of 2630 section 54-142a. 2631 (4) No fee may be charged in any court with respect to any petition 2632 under this subsection. 2633 Sec. 40. Section 38a-492 of the general statutes is repealed and the 2634 following is substituted in lieu thereof (Effective October 1, 2023): 2635 No individual health insurance policy providing coverage of the type 2636 specified in subdivisions (1), (2), (4), (6), (10) and (11) of section 38a-469 2637 shall be delivered, issued for delivery or renewed in this state, or 2638 amended to substantially alter or change benefits or coverage, on or 2639 after July 1, 1975, unless persons covered under such policy will be 2640 eligible for benefits for expenses of emergency medical care arising from 2641 accidental ingestion or consumption of a controlled drug, as defined by 2642 [subdivision (8) of] section 21a-240, as amended by this act, which are at 2643 least equal to the following minimum requirements: (1) In the case of 2644 benefits based upon confinement as an inpatient in a hospital, whether 2645 or not operated by the state, the period of confinement for which 2646 benefits shall be payable shall be at least thirty days in any calendar 2647 year. (2) For covered expenses incurred by the insured while other than 2648 an inpatient in a hospital, benefits shall be available for such expenses 2649 Raised Bill No. 6697 LCO No. 4402 86 of 93 during any calendar year up to a maximum of five hundred dollars. For 2650 purposes of this section, the term "covered expenses" means the 2651 reasonable charges for treatment deemed necessary under generally 2652 accepted medical standards. 2653 Sec. 41. Section 38a-518 of the general statutes is repealed and the 2654 following is substituted in lieu thereof (Effective October 1, 2023): 2655 No group health insurance policy providing coverage of the type 2656 specified in subdivisions (1), (2), (4), (6) and (11) of section 38a-469 shall 2657 be delivered, issued for delivery or renewed in this state, or amended to 2658 substantially alter or change benefits or coverage, on or after July 1, 1975, 2659 unless persons covered under such policy will be eligible for benefits for 2660 expenses of emergency medical care arising from accidental ingestion 2661 or consumption of a controlled drug, as defined by [subdivision (8) of] 2662 section 21a-240, as amended by this act, which are at least equal to the 2663 following minimum requirements: (1) In the case of benefits based upon 2664 confinement as an inpatient in a hospital, whether or not operated by 2665 the state, the period of confinement for which benefits shall be payable 2666 shall be at least thirty days in any calendar year. (2) For covered 2667 expenses incurred by the insured while other than an inpatient in a 2668 hospital, benefits shall be available for such expenses during any 2669 calendar year up to a maximum of five hundred dollars. For purposes 2670 of this section, the term "covered expenses" means the reasonable 2671 charges for treatment deemed necessary under generally accepted 2672 medical standards. 2673 Sec. 42. Subdivision (6) of subsection (a) of section 53a-18 of the 2674 general statutes is repealed and the following is substituted in lieu 2675 thereof (Effective October 1, 2023): 2676 (6) A teacher or other person entrusted with the care and supervision 2677 of a minor for school purposes may use reasonable physical force upon 2678 such minor when and to the extent such teacher or other person 2679 reasonably believes such force to be necessary to (A) protect [himself or 2680 herself] such teacher, other person or others from immediate physical 2681 Raised Bill No. 6697 LCO No. 4402 87 of 93 injury, (B) obtain possession of a dangerous instrument or controlled 2682 substance, as defined in [subdivision (9) of] section 21a-240, as amended 2683 by this act, upon or within the control of such minor, (C) protect 2684 property from physical damage, or (D) restrain such minor or remove 2685 such minor to another area, to maintain order. 2686 Sec. 43. Subsections (c) to (g), inclusive, of section 54-36a of the 2687 general statutes are repealed and the following is substituted in lieu 2688 thereof (Effective October 1, 2023): 2689 (c) Unless such seized property is stolen property and is ordered 2690 returned pursuant to subsection (b) of this section or unless such seized 2691 property is adjudicated a nuisance in accordance with section 54-33g, or 2692 unless the court finds that such property shall be forfeited or is 2693 contraband, or finds that such property is a controlled drug [, a] or 2694 controlled substance as defined in section 21a-240, as amended by this 2695 act, or drug paraphernalia as defined in subdivision [(8), (9) or (20)] (19) 2696 of section 21a-240, as amended by this act, it shall, at the final disposition 2697 of the criminal action or as soon thereafter as is practical, or, if there is 2698 no criminal action, at any time upon motion of the prosecuting official 2699 of such court, order the return of such property to its owner within six 2700 months upon proper claim therefor. 2701 (d) When the court orders the return of the seized property to the 2702 owner, the order shall provide that if the seized property is not claimed 2703 by the owner within six months, the property shall be destroyed or be 2704 given to a charitable or educational institution or to a governmental 2705 agency or institution, except that (1) if such property is money it shall 2706 be remitted to the state and shall be deposited in the General Fund or 2707 (2) if such property is a valuable prize it shall be disposed of by public 2708 auction or private sale in which case the proceeds shall become the 2709 property of the state and shall be deposited in the General Fund; 2710 provided any person who has a bona fide mortgage, assignment of lease 2711 or rent, lien or security interest in such property shall have the same 2712 right to the proceeds as [he] such person had in the property prior to the 2713 sale. 2714 Raised Bill No. 6697 LCO No. 4402 88 of 93 (e) If such seized property is adjudicated a nuisance or if the court 2715 finds that such property shall be forfeited or is contraband other than a 2716 controlled drug [, a] or controlled substance as defined in section 21a-2717 240, as amended by this act, or drug paraphernalia as defined in 2718 subdivision [(8), (9) or (20)] (19) of section 21a-240, as amended by this 2719 act, the court shall order that such property be destroyed or be given to 2720 a charitable or educational institution or to a governmental agency or 2721 institution, except that (1) if such property is money, the court shall 2722 order that it be remitted to the state and be deposited in the General 2723 Fund, or (2) if such property is a valuable prize, the court shall order 2724 that it be disposed of by public auction or private sale in which case the 2725 proceeds shall become the property of the state and shall be deposited 2726 in the General Fund; provided any person who has a bona fide 2727 mortgage, assignment of lease or rent, lien or security interest in such 2728 property shall have the same right to the proceeds as [he] such person 2729 had in the property prior to sale. 2730 (f) If the court finds that such seized property is fireworks as defined 2731 in section 29-356, the court shall order the forfeiture and destruction of 2732 such property. Any secondary evidence of the identity, description or 2733 value of such property shall be admissible in evidence against the 2734 defendant in the trial of the case. A photograph of the fireworks and a 2735 sworn affidavit describing such fireworks shall be sufficient evidence of 2736 the identity of the fireworks. The fact that the evidence is secondary in 2737 nature may be shown to affect the weight of such evidence, but not to 2738 affect its admissibility. 2739 (g) If the court finds that such seized property is a controlled drug [, 2740 a] or controlled substance as defined in section 21a-240, as amended by 2741 this act, or drug paraphernalia as defined in subdivision [(8), (9) or (20)] 2742 (19) of section 21a-240, as amended by this act, the court shall order the 2743 forfeiture and destruction of such property or order it delivered to the 2744 Commissioner of Consumer Protection pursuant to section 54-36g, as 2745 amended by this act. 2746 Sec. 44. Subsection (a) of section 54-36g of the general statutes is 2747 Raised Bill No. 6697 LCO No. 4402 89 of 93 repealed and the following is substituted in lieu thereof (Effective October 2748 1, 2023): 2749 (a) At any time after the seizure of a controlled drug or a controlled 2750 substance [,] as defined in [subdivision (8) or (9) of] section 21a-240, as 2751 amended by this act, or drug paraphernalia [,] as defined in subdivision 2752 [(20)] (19) of section 21a-240, as amended by this act, in connection with 2753 a criminal arrest or pursuant to a search warrant without an arrest, the 2754 prosecuting official of the court for the geographical area in which the 2755 criminal offense is alleged to have been committed may petition the 2756 court for destruction of such controlled drug, controlled substance or 2757 drug paraphernalia. After notice, by certified or registered mail to the 2758 defendant and [his] the defendant's attorney, and hearing on the 2759 petition, the court may order the forfeiture and destruction of such 2760 controlled drug, controlled substance or drug paraphernalia, under 2761 procedures and to the extent determined by the court, or order it 2762 delivered to the Commissioner of Consumer Protection as soon as 2763 possible. Such order shall be in writing and shall provide for the analysis 2764 of representative samples of such controlled drug, controlled substance 2765 or drug paraphernalia. The results of such analysis shall be recorded on 2766 a certificate signed by the person making the analysis, witnessed and 2767 acknowledged pursuant to section 1-29. Such certificate shall be prima 2768 facie evidence of the composition and quality of such controlled drug, 2769 controlled substance or drug paraphernalia. 2770 Sec. 45. Subdivision (1) of subsection (a) of section 54-36h of the 2771 general statutes is repealed and the following is substituted in lieu 2772 thereof (Effective October 1, 2023): 2773 (1) All moneys used, or intended for use, in the procurement, 2774 manufacture, compounding, processing, delivery or distribution of any 2775 controlled substance, as defined in [subdivision (9) of] section 21a-240, 2776 as amended by this act; 2777 Sec. 46. Section 21a-421b of the general statutes is repealed and the 2778 following is substituted in lieu thereof (Effective October 1, 2023): 2779 Raised Bill No. 6697 LCO No. 4402 90 of 93 (a) For the purposes of this section: 2780 (1) "Applicant" means an entity applying for an initial or renewal 2781 cannabis establishment or cannabis testing laboratory license; 2782 (2) "Entity" means an association, company, corporation, 2783 organization, partnership, sole proprietorship or trust; 2784 (3) "Executive managerial control" means, in the case of an individual, 2785 the authority or power to direct or influence the direction or operation 2786 of an applicant through agreement, board membership, contract or 2787 voting power; 2788 (4) "Manager" means an individual who is not a key employee and 2789 has (A) an ownership interest in an applicant, and (B) executive 2790 managerial control of an applicant; 2791 (5) "Owner" means an individual who has more than a five per cent 2792 ownership interest in an applicant; and 2793 (6) "Ownership interest" means the possession of equity in the assets, 2794 capital, profits or stock of an applicant. 2795 [(a) On and after July 1, 2021, the] (b) The commissioner shall require 2796 [all individuals listed on an application for a cannabis establishment 2797 license, laboratory or research program license, or key employee license 2798 to submit to] that a fingerprint-based state and national criminal history 2799 records [checks before such license is issued. The criminal history 2800 records checks required pursuant to this subsection shall] check be 2801 conducted in accordance with section 29-17a [. Upon renewal, the] for 2802 each key employee, manager and owner of an applicant . The 2803 commissioner may require [all individuals listed on an application for a 2804 cannabis establishment license, laboratory or research program license, 2805 or key employee license to be fingerprinted and] key employees, 2806 managers and owners to submit to a state and national criminal history 2807 records check conducted in accordance with section 29-17a before [such 2808 renewal] issuing a license [is issued] renewal. 2809 Raised Bill No. 6697 LCO No. 4402 91 of 93 (c) A key employee, manager or owner shall be denied a license in 2810 the event that the key employee's background check reveals a 2811 disqualifying conviction. 2812 [(b)] (d) The department shall charge the applicant a fee equal to the 2813 amount charged to the department to conduct a state and national 2814 criminal history records check of the applicant. 2815 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2023 21a-240 Sec. 2 October 1, 2023 21a-408 Sec. 3 from passage 21a-408b(a) Sec. 4 October 1, 2023 21a-408j(a) Sec. 5 October 1, 2023 21a-408k Sec. 6 October 1, 2023 21a-408r(a) to (d) Sec. 7 October 1, 2023 21a-408s Sec. 8 October 1, 2023 21a-408u Sec. 9 October 1, 2023 21a-420 Sec. 10 from passage 21a-420e Sec. 11 from passage 21a-420g(a) to (i) Sec. 12 from passage 21a-420j(e) Sec. 13 from passage 21a-420m(f) Sec. 14 October 1, 2023 21a-420m(b) Sec. 15 October 1, 2023 21a-420n(d) Sec. 16 October 1, 2023 21a-420p(e) Sec. 17 October 1, 2023 21a-420r(b) Sec. 18 from passage 21a-420u(f) Sec. 19 October 1, 2023 21a-420u(b) to (d) Sec. 20 October 1, 2023 21a-421bb(a) to (d) Sec. 21 October 1, 2023 47a-9a(a) Sec. 22 October 1, 2023 22-61l Sec. 23 October 1, 2023 22-61m Sec. 24 October 1, 2023 10-19(a) Sec. 25 October 1, 2023 10-220a(a) Sec. 26 October 1, 2023 10-221(e) Sec. 27 October 1, 2023 10-233d(a) to (e) Sec. 28 October 1, 2023 10a-18 Sec. 29 October 1, 2023 10a-55c(a)(4) Raised Bill No. 6697 LCO No. 4402 92 of 93 Sec. 30 October 1, 2023 20-34(b) Sec. 31 October 1, 2023 21a-248(a) Sec. 32 October 1, 2023 21a-263 Sec. 33 October 1, 2023 21a-267(a) Sec. 34 October 1, 2023 21a-270 Sec. 35 October 1, 2023 21a-271 Sec. 36 October 1, 2023 21a-277(c) Sec. 37 October 1, 2023 21a-278(b)(1) Sec. 38 October 1, 2023 21a-420d(k) Sec. 39 October 1, 2023 54-142v(a) Sec. 40 October 1, 2023 38a-492 Sec. 41 October 1, 2023 38a-518 Sec. 42 October 1, 2023 53a-18(a)(6) Sec. 43 October 1, 2023 54-36a(c) to (g) Sec. 44 October 1, 2023 54-36g(a) Sec. 45 October 1, 2023 54-36h(a)(1) Sec. 46 October 1, 2023 21a-421b Statement of Purpose: To: (1) Redefine various terms concerning cannabis and define "high- THC hemp product"; (2) modify various statutes to distinguish between (A) cannabis testing laboratories and other laboratories, and (B) cannabis testing laboratory employees and other laboratory employees; (3) provide that a person who has been convicted of violating a law pertaining to the illegal manufacture, sale or distribution of a controlled substance may serve as a caregiver for a qualifying patient; (4) provide that a caregiver may be responsible for the care of more than one qualifying patient if the caregiver has a parental, grandparental, guardianship, conservatorship, spousal or sibling relationship with each qualifying patient; (5) establish statutory license and license renewal fees for cannabis testing laboratories; (6) require the Commissioner of Consumer Protection to adopt regulations establishing procedures by which cannabis testing laboratories shall accept cannabis from qualifying patients and consumers for testing; (7) provide that persons with access to cannabis establishment applications and related materials may not disclose such applications and materials, subject to certain exceptions; (8) eliminate the requirement that certain appeals taken during the cannabis establishment lottery process be taken in accordance with the Uniform Administrative Procedure Act; (9) provide that a backer may be removed from a cannabis establishment application selected through the general lottery at any time upon notice Raised Bill No. 6697 LCO No. 4402 93 of 93 to the department, and that any change made to a social equity applicant during the lottery process shall be reviewed and approved by the Social Equity Council before such change is reviewed by the Department of Consumer Protection; (10) specify that equity joint ventures that are retailers or hybrid retailers that share a common cultivator, producer or dispensary facility, or a common cultivator, producer or dispensary facility backer, shall not be located within twenty miles of each other; (11) provide that an equity joint venture that receives written approval from the Social Equity Council shall not be subject to the lottery process for other licensees of the same license type; (12) provide that persons who provide professional services related to the purchase, sale or use of cannabis may advertise cannabis or services related to cannabis in this state; (13) prohibit cannabis advertising by means of any billboard between the hours of six o'clock a.m. and eleven o'clock p.m.; (14) provide that certain outdoor cannabis establishment signage may be visible to the public within five hundred feet of an elementary or secondary school ground or a recreation center or facility, child care center, playground, public park or library if such signage meets certain requirements; (15) modify hemp testing requirements and background check requirements; and (16) make technical, conforming and minor changes to statutes concerning cannabis. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]