| 45 | | - | practitioner, [. It] but does not include a common or contract carrier, 20 |
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| 46 | | - | public warehouseman, or employee of the carrier or warehouseman. [;] 21 |
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| 47 | | - | (4) "Amphetamine-type substances" include amphetamine, optical 22 |
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| 48 | | - | isomers thereof, salts of amphetamine and its isomers, and chemical 23 |
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| 49 | | - | compounds which are similar thereto in chemical structure or which are 24 |
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| 50 | | - | similar thereto in physiological effect, and which show a like potential 25 |
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| 51 | | - | for abuse, which are controlled substances under this chapter unless 26 |
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| 52 | | - | modified. [;] 27 |
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| 53 | | - | (5) "Barbiturate-type drugs" include barbituric acid and its salts, 28 |
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| 54 | | - | derivatives thereof and chemical compounds which are similar thereto 29 |
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| 55 | | - | in chemical structure or which are similar thereto in physiological effect, 30 |
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| 56 | | - | and which show a like potential for abuse, which are controlled 31 |
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| 57 | | - | substances under this chapter unless modified. [;] 32 |
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| 58 | | - | (6) "Bureau" means the Bureau of Narcotics and Dangerous Drugs, 33 |
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| 59 | | - | United States Department of Justice, or its successor agency. [;] 34 |
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| 60 | | - | [(7) "Cannabis-type substances" include all parts of any plant, or 35 |
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| 61 | | - | species of the genus cannabis or any infra specific taxon thereof whether 36 |
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| 62 | | - | growing or not; the seeds thereof; the resin extracted from any part of 37 |
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| 63 | | - | such a plant; and every compound, manufacture, salt, derivative, 38 |
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| 64 | | - | mixture or preparation of such plant, its seeds or resin; but shall not 39 |
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| 65 | | - | include the mature stalks of such plant, fiber produced from such stalks, 40 |
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| 66 | | - | oil or cake made from the seeds of such plant, any other compound, 41 |
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| 67 | | - | manufacture, salt, derivative, mixture or preparation of such mature 42 |
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| 68 | | - | stalks, except the resin extracted therefrom, fiber, oil or cake, the 43 |
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| 69 | | - | sterilized seed of such plant which is incapable of germination, or hemp, 44 |
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| 70 | | - | as defined in 7 USC 1639o, as amended from time to time. Included are 45 |
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| 71 | | - | cannabinon, cannabinol, cannabidiol and chemical compounds which 46 |
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| 72 | | - | are similar to cannabinon, cannabinol or cannabidiol in chemical 47 Substitute Bill No. 6697 |
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| 79 | | - | structure or which are similar thereto in physiological effect, and which 48 |
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| 80 | | - | show a like potential for abuse, which are controlled substances under 49 |
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| 81 | | - | this chapter unless derived from hemp, as defined in section 22-61l;] 50 |
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| 82 | | - | [(8)] (7) "Controlled drugs" are those drugs which contain any 51 |
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| 83 | | - | quantity of a substance which has been designated as subject to the 52 |
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| 84 | | - | federal Controlled Substances Act, or which has been designated as a 53 |
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| 85 | | - | depressant or stimulant drug pursuant to federal food and drug laws, 54 |
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| 86 | | - | or which has been designated by the Commissioner of Consumer 55 |
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| 87 | | - | Protection pursuant to section 21a-243, as having a stimulant, 56 |
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| 88 | | - | depressant or hallucinogenic effect upon the higher functions of the 57 |
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| 89 | | - | central nervous system and as having a tendency to promote abuse or 58 |
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| 90 | | - | psychological or physiological dependence, or both. Such controlled 59 |
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| 91 | | - | drugs are classifiable as amphetamine-type, barbiturate-type, cannabis-60 |
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| 92 | | - | type, cocaine-type, hallucinogenic, morphine-type and other stimulant 61 |
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| 93 | | - | and depressant drugs. Specifically excluded from controlled drugs and 62 |
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| 94 | | - | controlled substances are alcohol, nicotine and caffeine. [;] 63 |
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| 95 | | - | [(9)] (8) "Controlled substance" means a drug, substance, or 64 |
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| 96 | | - | immediate precursor in schedules I to V, inclusive, of the Connecticut 65 |
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| 97 | | - | controlled substance scheduling regulations adopted pursuant to 66 |
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| 98 | | - | section 21a-243. [;] 67 |
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| 99 | | - | [(10)] (9) "Counterfeit substance" means a controlled substance 68 |
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| 100 | | - | which, or the container or labeling of which, without authorization, 69 |
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| 101 | | - | bears the trademark, trade name or other identifying mark, imprint, 70 |
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| 102 | | - | number or device, or any likeness thereof, of a manufacturer, distributor 71 |
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| 103 | | - | or dispenser other than the person who in fact manufactured, 72 |
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| 104 | | - | distributed or dispensed the substance. [;] 73 |
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| 105 | | - | [(11)] (10) "Deliver or delivery" means the actual, constructive or 74 |
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| 106 | | - | attempted transfer from one person to another of a controlled substance, 75 |
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| 107 | | - | whether or not there is an agency relationship. [;] 76 |
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| 108 | | - | [(12)] (11) "Dentist" means a person authorized by law to practice 77 |
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| 109 | | - | dentistry in this state. [;] 78 Substitute Bill No. 6697 |
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| 116 | | - | [(13)] (12) "Dispense" means to deliver a controlled substance to an 79 |
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| 117 | | - | ultimate user or research subject by or pursuant to the lawful order of a 80 |
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| 118 | | - | practitioner, including the prescribing, administering, packaging, 81 |
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| 119 | | - | labeling or compounding necessary to prepare the substance for the 82 |
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| 120 | | - | delivery. [;] 83 |
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| 121 | | - | [(14)] (13) "Dispenser" means a practitioner who dispenses. [;] 84 |
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| 122 | | - | [(15)] (14) "Distribute" means to deliver other than by administering 85 |
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| 123 | | - | or dispensing a controlled substance. [;] 86 |
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| 124 | | - | [(16)] (15) "Distributor" means a person who distributes and includes 87 |
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| 125 | | - | a wholesaler who is a person supplying or distributing controlled drugs 88 |
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| 126 | | - | which [he himself] the person personally has not produced or prepared 89 |
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| 127 | | - | to hospitals, clinics, practitioners, pharmacies, other wholesalers, 90 |
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| 128 | | - | manufacturers and federal, state and municipal agencies. [;] 91 |
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| 129 | | - | [(17)] (16) "Drug" means (A) substances recognized as drugs in the 92 |
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| 130 | | - | official United States Pharmacopoeia, official Homeopathic 93 |
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| 131 | | - | Pharmacopoeia of the United States, or official National Formulary, or 94 |
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| 132 | | - | any supplement to any of them; (B) substances intended for use in the 95 |
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| 133 | | - | diagnosis, cure, mitigation, treatment or prevention of disease in man 96 |
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| 134 | | - | or animals; (C) substances, other than food, intended to affect the 97 |
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| 135 | | - | structure or any function of the body of man or animals; and (D) 98 |
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| 136 | | - | substances intended for use as a component of any article specified in 99 |
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| 137 | | - | subparagraph (A), (B) or (C) of this subdivision. It does not include 100 |
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| 138 | | - | devices or their components, parts or accessories. [;] 101 |
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| 139 | | - | [(18)] (17) "Drug dependence" means a psychoactive substance 102 |
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| 140 | | - | dependence on drugs as that condition is defined in the most recent 103 |
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| 141 | | - | edition of the "Diagnostic and Statistical Manual of Mental Disorders" 104 |
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| 142 | | - | of the American Psychiatric Association. [;] 105 |
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| 143 | | - | [(19)] (18) "Drug-dependent person" means a person who has a 106 |
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| 144 | | - | psychoactive substance dependence on drugs as that condition is 107 |
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| 145 | | - | defined in the most recent edition of the "Diagnostic and Statistical 108 |
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| 146 | | - | Manual of Mental Disorders" of the American Psychiatric Association. 109 Substitute Bill No. 6697 |
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| 153 | | - | [;] 110 |
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| 154 | | - | [(20)] (19) (A) "Drug paraphernalia" means equipment, products and 111 |
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| 155 | | - | materials of any kind that are used, intended for use or designed for use 112 |
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| 156 | | - | in planting, propagating, cultivating, growing, harvesting, 113 |
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| 157 | | - | manufacturing, compounding, converting, producing, processing, 114 |
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| 158 | | - | preparing, testing, analyzing, packaging, repackaging, storing, 115 |
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| 159 | | - | containing or concealing, or ingesting, inhaling or otherwise 116 |
|---|
| 160 | | - | introducing into the human body, any controlled substance contrary to 117 |
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| 161 | | - | the provisions of this chapter, including, but not limited to: (i) Kits 118 |
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| 162 | | - | intended for use or designed for use in planting, propagating, 119 |
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| 163 | | - | cultivating, growing or harvesting of any species of plant that is a 120 |
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| 164 | | - | controlled substance or from which a controlled substance can be 121 |
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| 165 | | - | derived; (ii) kits used, intended for use or designed for use in 122 |
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| 166 | | - | manufacturing, compounding, converting, producing, processing or 123 |
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| 167 | | - | preparing controlled substances; (iii) isomerization devices used or 124 |
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| 168 | | - | intended for use in increasing the potency of any species of plant that is 125 |
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| 169 | | - | a controlled substance; (iv) testing equipment used, intended for use or 126 |
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| 170 | | - | designed for use in identifying or analyzing the strength, effectiveness 127 |
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| 171 | | - | or purity of controlled substances; (v) dilutents and adulterants, 128 |
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| 172 | | - | including, but not limited to, quinine hydrochloride, mannitol, mannite, 129 |
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| 173 | | - | dextrose and lactose used, intended for use or designed for use in 130 |
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| 174 | | - | cutting controlled substances; (vi) separation gins and sifters used, 131 |
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| 175 | | - | intended for use or designed for use in removing twigs and seeds from, 132 |
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| 176 | | - | or in otherwise cleaning or refining, marijuana; (vii) capsules and other 133 |
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| 177 | | - | containers used, intended for use or designed for use in packaging small 134 |
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| 178 | | - | quantities of controlled substances; (viii) containers and other objects 135 |
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| 179 | | - | used, intended for use or designed for use in storing or concealing 136 |
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| 180 | | - | controlled substances; and (ix) objects used, intended for use or 137 |
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| 181 | | - | designed for use in ingesting, inhaling, or otherwise introducing 138 |
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| 182 | | - | marijuana, cocaine, hashish, or hashish oil into the human body, 139 |
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| 183 | | - | including, but not limited to, wooden, acrylic, glass, stone, plastic or 140 |
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| 184 | | - | ceramic pipes with screens, permanent screens, hashish heads or 141 |
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| 185 | | - | punctured metal bowls; water pipes; carburetion tubes and devices; 142 |
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| 186 | | - | smoking and carburetion masks; roach clips; miniature cocaine spoons 143 Substitute Bill No. 6697 |
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| 193 | | - | and cocaine vials; chamber pipes; carburetor pipes; electric pipes; air-144 |
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| 194 | | - | driven pipes; chillums; bongs; ice pipes and chillers. "Drug 145 |
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| 195 | | - | paraphernalia" does not include a product used by a manufacturer 146 |
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| 196 | | - | licensed pursuant to this chapter for the activities permitted under the 147 |
|---|
| 197 | | - | license or by an individual to test any substance prior to injection, 148 |
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| 198 | | - | inhalation or ingestion of the substance to prevent accidental overdose 149 |
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| 199 | | - | by injection, inhalation or ingestion of the substance, provided the 150 |
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| 200 | | - | licensed manufacturer or individual is not using the product to engage 151 |
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| 201 | | - | in the unlicensed manufacturing or distribution of controlled 152 |
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| 202 | | - | substances. As used in this subdivision, "roach clip" means an object 153 |
|---|
| 203 | | - | used to hold burning material, including, but not limited to, a marijuana 154 |
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| 204 | | - | cigarette, that has become too small or too short to be held between the 155 |
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| 205 | | - | fingers. [;] 156 |
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| 206 | | - | (B) "Factory" means any place used for the manufacturing, mixing, 157 |
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| 207 | | - | compounding, refining, processing, packaging, distributing, storing, 158 |
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| 208 | | - | keeping, holding, administering or assembling illegal substances 159 |
|---|
| 209 | | - | contrary to the provisions of this chapter, or any building, rooms or 160 |
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| 210 | | - | location which contains equipment or paraphernalia used for this 161 |
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| 211 | | - | purpose. [;] 162 |
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| 212 | | - | [(21)] (20) "Federal Controlled Substances Act, 21 USC 801 et seq." 163 |
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| 213 | | - | means Public Law 91-513, the Comprehensive Drug Abuse Prevention 164 |
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| 214 | | - | and Control Act of 1970. [;] 165 |
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| 215 | | - | [(22)] (21) "Federal food and drug laws" means the federal Food, Drug 166 |
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| 216 | | - | and Cosmetic Act, as amended, Title 21 USC 301 et seq. [;] 167 |
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| 217 | | - | [(23)] (22) "Hallucinogenic substances" are psychodysleptic 168 |
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| 218 | | - | substances, other than [cannabis-type substances] marijuana, which 169 |
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| 219 | | - | assert a confusional or disorganizing effect upon mental processes or 170 |
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| 220 | | - | behavior and mimic acute psychotic disturbances. Exemplary of such 171 |
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| 221 | | - | drugs are mescaline, peyote, psilocyn and d-lysergic acid diethylamide, 172 |
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| 222 | | - | which are controlled substances under this chapter unless modified. [;] 173 |
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| 223 | | - | (23) "High-THC hemp product" means a manufacturer hemp 174 Substitute Bill No. 6697 |
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| 230 | | - | product, as defined in section 22-61l, as amended by this act, that has a 175 |
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| 231 | | - | THC concentration or serving size limit, or is advertised, labeled or 176 |
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| 232 | | - | offered for sale as having a total THC concentration or serving size limit, 177 |
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| 233 | | - | that exceeds (A) for a hemp edible, hemp topical or hemp transdermal 178 |
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| 234 | | - | patch (i) one milligram on a per-serving basis, or (ii) five milligrams on 179 |
|---|
| 235 | | - | a per-container basis, (B) for a hemp tincture, including, but not limited 180 |
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| 236 | | - | to, oil intended for ingestion by swallowing or sublingual absorption (i) 181 |
|---|
| 237 | | - | one milligram on a per-serving basis, or (ii) twenty-five milligrams on a 182 |
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| 238 | | - | per-container basis, (C) for a hemp concentrate or extract, including, but 183 |
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| 239 | | - | not limited to, a vape oil, wax or shatter, twenty-five milligrams on a 184 |
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| 240 | | - | per-container basis, or (D) for a manufacturer hemp product not 185 |
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| 241 | | - | described in subparagraph (A), (B) or (C) of this subdivision, (i) one 186 |
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| 242 | | - | milligram on a per-serving basis, (ii) five milligrams on a per-container 187 |
|---|
| 243 | | - | basis, or (iii) three-tenths per cent on a dry-weight basis. 188 |
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| 244 | | - | (24) "Hospital", as used in sections 21a-243 to 21a-283, inclusive, 189 |
|---|
| 245 | | - | means an institution for the care and treatment of the sick and injured, 190 |
|---|
| 246 | | - | approved by the Department of Public Health or the Department of 191 |
|---|
| 247 | | - | Mental Health and Addiction Services as proper to be entrusted with 192 |
|---|
| 248 | | - | the custody of controlled drugs and substances and professional use of 193 |
|---|
| 249 | | - | controlled drugs and substances under the direction of a licensed 194 |
|---|
| 250 | | - | practitioner. [;] 195 |
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| 251 | | - | (25) "Intern" means a person who holds a degree of doctor of 196 |
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| 252 | | - | medicine or doctor of dental surgery or medicine and whose period of 197 |
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| 253 | | - | service has been recorded with the Department of Public Health and 198 |
|---|
| 254 | | - | who has been accepted and is participating in training by a hospital or 199 |
|---|
| 255 | | - | institution in this state. Doctors meeting the foregoing requirements and 200 |
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| 256 | | - | commonly designated as "residents" and "fellows" shall be regarded as 201 |
|---|
| 257 | | - | interns for purposes of this chapter. [;] 202 |
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| 258 | | - | (26) "Immediate precursor" means a substance which the 203 |
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| 259 | | - | Commissioner of Consumer Protection has found to be, and by 204 |
|---|
| 260 | | - | regulation designates as being, the principal compound commonly used 205 |
|---|
| 261 | | - | or produced primarily for use, and which is an immediate chemical 206 |
|---|
| 262 | | - | intermediary used or likely to be used, in the manufacture of a 207 Substitute Bill No. 6697 |
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| 269 | | - | controlled substance, the control of which is necessary to prevent, curtail 208 |
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| 270 | | - | or limit manufacture. [;] 209 |
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| 271 | | - | (27) "Laboratory" means a laboratory approved by the Department of 210 |
|---|
| 272 | | - | Consumer Protection as proper to be entrusted with the custody of 211 |
|---|
| 273 | | - | controlled substances and the use of controlled substances for scientific 212 |
|---|
| 274 | | - | and medical purposes and for purposes of instruction, research or 213 |
|---|
| 275 | | - | analysis. [;] 214 |
|---|
| 276 | | - | (28) "Manufacture" means the production, preparation, cultivation, 215 |
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| 277 | | - | growing, propagation, compounding, conversion or processing of a 216 |
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| 278 | | - | controlled substance, either directly or indirectly by extraction from 217 |
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| 279 | | - | substances of natural origin, or independently by means of chemical 218 |
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| 280 | | - | synthesis, or by a combination of extraction and chemical synthesis, and 219 |
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| 281 | | - | includes any packaging or repackaging of the substance or labeling or 220 |
|---|
| 282 | | - | relabeling of its container, except that this term does not include the 221 |
|---|
| 283 | | - | preparation or compounding of a controlled substance by an individual 222 |
|---|
| 284 | | - | for [his] the individual's own use or the preparation, compounding, 223 |
|---|
| 285 | | - | packaging or labeling of a controlled substance: (A) By a practitioner as 224 |
|---|
| 286 | | - | an incident to [his] the practitioner administering or dispensing of a 225 |
|---|
| 287 | | - | controlled substance in the course of [his] such practitioner's 226 |
|---|
| 288 | | - | professional practice, or (B) by a practitioner, or by [his] the 227 |
|---|
| 289 | | - | practitioner's authorized agent under [his] such practitioner's 228 |
|---|
| 290 | | - | supervision, for the purpose of, or as an incident to, research, teaching 229 |
|---|
| 291 | | - | or chemical analysis and not for sale. [;] 230 |
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| 292 | | - | (29) "Marijuana" means all parts of any plant, or species of the genus 231 |
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| 293 | | - | cannabis or any infra specific taxon thereof, whether growing or not; the 232 |
|---|
| 294 | | - | seeds thereof; the resin extracted from any part of the plant; every 233 |
|---|
| 295 | | - | compound, manufacture, salt, derivative, mixture, or preparation of 234 |
|---|
| 296 | | - | such plant, its seeds or resin, any [product made using hemp, as defined 235 |
|---|
| 297 | | - | in section 22-61l, which exceeds three-tenths per cent total THC 236 |
|---|
| 298 | | - | concentration on a dry-weight basis] high-THC hemp product; 237 |
|---|
| 299 | | - | manufactured cannabinoids, synthetic cannabinoids, except as 238 |
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| 300 | | - | provided in subparagraph (E) of this subdivision; or cannabinon, 239 |
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| 301 | | - | cannabinol or cannabidiol and chemical compounds which are similar 240 Substitute Bill No. 6697 |
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| 308 | | - | to cannabinon, cannabinol or cannabidiol in chemical structure or which 241 |
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| 309 | | - | are similar thereto in physiological effect, which are controlled 242 |
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| 310 | | - | substances under this chapter, except cannabidiol derived from hemp, 243 |
|---|
| 311 | | - | as defined in section 22-61l, as amended by this act, with a total THC 244 |
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| 312 | | - | concentration of not more than three-tenths per cent on a dry-weight 245 |
|---|
| 313 | | - | basis. "Marijuana" does not include: (A) The mature stalks of such plant, 246 |
|---|
| 314 | | - | fiber produced from such stalks, oil or cake made from the seeds of such 247 |
|---|
| 315 | | - | plant, any other compound, manufacture, salt, derivative, mixture or 248 |
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| 316 | | - | preparation of such mature stalks, except the resin extracted from such 249 |
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| 317 | | - | mature stalks or fiber, oil or cake; (B) the sterilized seed of such plant 250 |
|---|
| 318 | | - | which is incapable of germination; (C) hemp, as defined in section 22-251 |
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| 319 | | - | 61l, as amended by this act, (i) with a total THC concentration of not 252 |
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| 320 | | - | more than three-tenths per cent on a dry-weight basis, and (ii) that is not 253 |
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| 321 | | - | a high-THC hemp product; (D) any substance approved by the federal 254 |
|---|
| 322 | | - | Food and Drug Administration or successor agency as a drug and 255 |
|---|
| 323 | | - | reclassified in any schedule of controlled substances or unscheduled by 256 |
|---|
| 324 | | - | the federal Drug Enforcement Administration or successor agency 257 |
|---|
| 325 | | - | which is included in the same schedule designated by the federal Drug 258 |
|---|
| 326 | | - | Enforcement Administration or successor agency; or (E) synthetic 259 |
|---|
| 327 | | - | cannabinoids which are controlled substances that are designated by the 260 |
|---|
| 328 | | - | Commissioner of Consumer Protection, by whatever official, common, 261 |
|---|
| 329 | | - | usual, chemical or trade name designation, as controlled substances and 262 |
|---|
| 330 | | - | are classified in the appropriate schedule in accordance with 263 |
|---|
| 331 | | - | subsections (i) and (j) of section 21a-243. [;] 264 |
|---|
| 332 | | - | (30) "Narcotic substance" means any of the following, whether 265 |
|---|
| 333 | | - | produced directly or indirectly by extraction from a substance of 266 |
|---|
| 334 | | - | vegetable origin, or independently by means of chemical synthesis, or 267 |
|---|
| 335 | | - | by a combination of extraction and chemical synthesis: (A) Morphine-268 |
|---|
| 336 | | - | type: (i) Opium or opiate, or any salt, compound, derivative, or 269 |
|---|
| 337 | | - | preparation of opium or opiate which is similar to any such substance 270 |
|---|
| 338 | | - | in chemical structure or which is similar to any such substance in 271 |
|---|
| 339 | | - | physiological effect and which shows a like potential for abuse, which 272 |
|---|
| 340 | | - | is a controlled substance under this chapter unless modified; (ii) any 273 |
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| 341 | | - | salt, compound, isomer, derivative, or preparation of any such 274 Substitute Bill No. 6697 |
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| 348 | | - | substance which is chemically equivalent or identical to any substance 275 |
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| 349 | | - | referred to in clause (i) of this subdivision, but not including the 276 |
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| 350 | | - | isoquinoline alkaloids of opium; (iii) opium poppy or poppy straw; or 277 |
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| 351 | | - | (iv) (I) fentanyl or any salt, compound, derivative or preparation of 278 |
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| 352 | | - | fentanyl which is similar to any such substance in chemical structure or 279 |
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| 353 | | - | which is similar to any such substance in physiological effect and which 280 |
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| 354 | | - | shows a like potential for abuse, which is a controlled substance under 281 |
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| 355 | | - | this chapter unless modified, or (II) any salt, compound, isomer, 282 |
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| 356 | | - | derivative or preparation of any such substance which is chemically 283 |
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| 357 | | - | equivalent or identical to any substance referred to in subclause (I) of 284 |
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| 358 | | - | this clause; or (B) cocaine-type; coca leaves or any salt, compound, 285 |
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| 359 | | - | derivative or preparation of coca leaves, or any salt, compound, isomer, 286 |
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| 360 | | - | derivatives or preparation of any such substance which is chemically 287 |
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| 361 | | - | equivalent or identical to any such substance or which is similar to any 288 |
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| 362 | | - | such substance in physiological effect and which shows a like potential 289 |
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| 363 | | - | for abuse, but not including decocainized coca leaves or extractions of 290 |
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| 364 | | - | coca leaves which do not contain cocaine or ecgonine. [;] 291 |
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| 365 | | - | (31) "Nurse" means a person performing nursing as defined in section 292 |
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| 366 | | - | 20-87a. [;] 293 |
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| 367 | | - | (32) "Official written order" means an order for controlled substances 294 |
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| 368 | | - | written on a form provided by the bureau for that purpose under the 295 |
|---|
| 369 | | - | federal Controlled Substances Act. [;] 296 |
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| 370 | | - | (33) "Opiate" means any substance having an addiction-forming or 297 |
|---|
| 371 | | - | addiction-sustaining liability similar to morphine or being capable of 298 |
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| 372 | | - | conversion into a drug having addiction-forming or addiction-299 |
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| 373 | | - | sustaining liability; it does not include, unless specifically designated as 300 |
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| 374 | | - | controlled under this chapter, the dextrorotatory isomer of 3-methoxy-301 |
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| 375 | | - | n-methylmorthinan and its salts (dextro-methorphan) but shall include 302 |
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| 376 | | - | its racemic and levorotatory forms. [;] 303 |
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| 377 | | - | (34) "Opium poppy" means the plant of the species papaver 304 |
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| 378 | | - | somniferum l., except its seed. [;] 305 Substitute Bill No. 6697 |
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| 384 | | - | |
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| 385 | | - | (35) Repealed by P.A. 99-102, S. 51. [;] 306 |
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| 386 | | - | (36) "Other stimulant and depressant drugs" means controlled 307 |
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| 387 | | - | substances other than amphetamine-type, barbiturate-type, cannabis-308 |
|---|
| 388 | | - | type, cocaine-type, hallucinogenics and morphine-type which are found 309 |
|---|
| 389 | | - | to exert a stimulant and depressant effect upon the higher functions of 310 |
|---|
| 390 | | - | the central nervous system and which are found to have a potential for 311 |
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| 391 | | - | abuse and are controlled substances under this chapter. [;] 312 |
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| 392 | | - | (37) "Person" includes any corporation, limited liability company, 313 |
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| 393 | | - | association or partnership, or one or more individuals, government or 314 |
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| 394 | | - | governmental subdivisions or agency, business trust, estate, trust, or 315 |
|---|
| 395 | | - | any other legal entity. Words importing the plural number may include 316 |
|---|
| 396 | | - | the singular; words importing the masculine gender may be applied to 317 |
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| 397 | | - | females. [;] 318 |
|---|
| 398 | | - | (38) "Pharmacist" means a person authorized by law to practice 319 |
|---|
| 399 | | - | pharmacy pursuant to section 20-590, 20-591, 20-592 or 20-593. [;] 320 |
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| 400 | | - | (39) "Pharmacy" means an establishment licensed pursuant to section 321 |
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| 401 | | - | 20-594. [;] 322 |
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| 402 | | - | (40) "Physician" means a person authorized by law to practice 323 |
|---|
| 403 | | - | medicine in this state pursuant to section 20-9. [;] 324 |
|---|
| 404 | | - | (41) "Podiatrist" means a person authorized by law to practice 325 |
|---|
| 405 | | - | podiatry in this state. [;] 326 |
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| 406 | | - | (42) "Poppy straw" means all parts, except the seeds, of the opium 327 |
|---|
| 407 | | - | poppy, after mowing. [;] 328 |
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| 408 | | - | (43) "Practitioner" means: (A) A physician, dentist, veterinarian, 329 |
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| 409 | | - | podiatrist, scientific investigator or other person licensed, registered or 330 |
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| 410 | | - | otherwise permitted to distribute, dispense, conduct research with 331 |
|---|
| 411 | | - | respect to or to administer a controlled substance in the course of 332 |
|---|
| 412 | | - | professional practice or research in this state; (B) a pharmacy, hospital 333 |
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| 413 | | - | or other institution licensed, registered or otherwise permitted to 334 Substitute Bill No. 6697 |
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| 419 | | - | |
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| 420 | | - | distribute, dispense, conduct research with respect to or to administer a 335 |
|---|
| 421 | | - | controlled substance in the course of professional practice or research in 336 |
|---|
| 422 | | - | this state. [;] 337 |
|---|
| 423 | | - | (44) "Prescribe" means order or designate a remedy or any 338 |
|---|
| 424 | | - | preparation containing controlled substances. [;] 339 |
|---|
| 425 | | - | (45) "Prescription" means a written, oral or electronic order for any 340 |
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| 426 | | - | controlled substance or preparation from a licensed practitioner to a 341 |
|---|
| 427 | | - | pharmacist for a patient. [;] 342 |
|---|
| 428 | | - | (46) "Production" includes the manufacture, planting, cultivation, 343 |
|---|
| 429 | | - | growing or harvesting of a controlled substance. [;] 344 |
|---|
| 430 | | - | (47) "Registrant" means any person licensed by this state and 345 |
|---|
| 431 | | - | assigned a current federal Bureau of Narcotics and Dangerous Drug 346 |
|---|
| 432 | | - | Registry Number as provided under the federal Controlled Substances 347 |
|---|
| 433 | | - | Act. [;] 348 |
|---|
| 434 | | - | (48) "Registry number" means the alphabetical or numerical 349 |
|---|
| 435 | | - | designation of identification assigned to a person by the federal Drug 350 |
|---|
| 436 | | - | Enforcement Administration, or other federal agency, which is 351 |
|---|
| 437 | | - | commonly known as the federal registry number. [;] 352 |
|---|
| 438 | | - | (49) "Restricted drugs or substances" are the following substances 353 |
|---|
| 439 | | - | without limitation and for all purposes: Datura stramonium; 354 |
|---|
| 440 | | - | hyoscyamus niger; atropa belladonna, or the alkaloids atropine; 355 |
|---|
| 441 | | - | hyoscyamine; belladonnine; apatropine; or any mixture of these 356 |
|---|
| 442 | | - | alkaloids such as daturine, or the synthetic homatropine or any salts of 357 |
|---|
| 443 | | - | these alkaloids, except that any drug or preparation containing any of 358 |
|---|
| 444 | | - | the above-mentioned substances which is permitted by federal food and 359 |
|---|
| 445 | | - | drug laws to be sold or dispensed without a prescription or written 360 |
|---|
| 446 | | - | order shall not be a controlled substance; amyl nitrite; the following 361 |
|---|
| 447 | | - | volatile substances to the extent that said chemical substances or 362 |
|---|
| 448 | | - | compounds containing said chemical substances are sold, prescribed, 363 |
|---|
| 449 | | - | dispensed, compounded, possessed or controlled or delivered or 364 |
|---|
| 450 | | - | administered to another person with the purpose that said chemical 365 Substitute Bill No. 6697 |
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| 456 | | - | |
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| 457 | | - | substances shall be breathed, inhaled, sniffed or drunk to induce a 366 |
|---|
| 458 | | - | stimulant, depressant or hallucinogenic effect upon the higher functions 367 |
|---|
| 459 | | - | of the central nervous system: Acetone; benzene; butyl alcohol; butyl 368 |
|---|
| 460 | | - | nitrate and its salts, isomers, esters, ethers or their salts; cyclohexanone; 369 |
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| 461 | | - | dichlorodifluoromethane; ether; ethyl acetate; formaldehyde; hexane; 370 |
|---|
| 462 | | - | isopropanol; methanol; methyl cellosolve acetate; methyl ethyl ketone; 371 |
|---|
| 463 | | - | methyl isobutyl ketone; nitrous oxide; pentochlorophenol; toluene; 372 |
|---|
| 464 | | - | toluol; trichloroethane; trichloroethylene; 1,4 butanediol. [;] 373 |
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| 465 | | - | (50) "Sale" is any form of delivery which includes barter, exchange or 374 |
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| 466 | | - | gift, or offer therefor, and each such transaction made by any person 375 |
|---|
| 467 | | - | whether as principal, proprietor, agent, servant or employee. [;] 376 |
|---|
| 468 | | - | (51) "State", when applied to a part of the United States, includes any 377 |
|---|
| 469 | | - | state, district, commonwealth, territory or insular possession thereof, 378 |
|---|
| 470 | | - | and any area subject to the legal authority of the United States of 379 |
|---|
| 471 | | - | America. [;] 380 |
|---|
| 472 | | - | (52) "State food, drug and cosmetic laws" means the Uniform Food, 381 |
|---|
| 473 | | - | Drug and Cosmetic Act, section 21a-91 et seq. [;] 382 |
|---|
| 474 | | - | (53) "Ultimate user" means a person who lawfully possesses a 383 |
|---|
| 475 | | - | controlled substance for [his] the person's own use or for the use of a 384 |
|---|
| 476 | | - | member of [his] such person's household or for administering to an 385 |
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| 477 | | - | animal owned by [him] such person or by a member of [his] such 386 |
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| 478 | | - | person's household. [;] 387 |
|---|
| 479 | | - | (54) "Veterinarian" means a person authorized by law to practice 388 |
|---|
| 480 | | - | veterinary medicine in this state. [;] 389 |
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| 481 | | - | (55) "Wholesaler" means a distributor or a person who supplies 390 |
|---|
| 482 | | - | controlled substances that [he himself] the person personally has not 391 |
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| 483 | | - | produced or prepared to registrants. [as defined in subdivision (47) of 392 |
|---|
| 484 | | - | this section;] 393 |
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| 485 | | - | (56) "Reasonable times" means the time or times any office, care-394 |
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| 486 | | - | giving institution, pharmacy, clinic, wholesaler, manufacturer, 395 Substitute Bill No. 6697 |
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| 487 | | - | |
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| 492 | | - | |
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| 493 | | - | laboratory, warehouse, establishment, store or place of business, vehicle 396 |
|---|
| 494 | | - | or other place is open for the normal affairs or business or the practice 397 |
|---|
| 495 | | - | activities usually conducted by the registrant. [;] 398 |
|---|
| 496 | | - | (57) "Unit dose drug distribution system" means a drug distribution 399 |
|---|
| 497 | | - | system used in a hospital or chronic and convalescent nursing home in 400 |
|---|
| 498 | | - | which drugs are supplied in individually labeled unit of use packages, 401 |
|---|
| 499 | | - | each patient's supply of drugs is exchanged between the hospital 402 |
|---|
| 500 | | - | pharmacy and the drug administration area or, in the case of a chronic 403 |
|---|
| 501 | | - | and convalescent nursing home between a pharmacy and the drug 404 |
|---|
| 502 | | - | administration area, at least once each twenty-four hours and each 405 |
|---|
| 503 | | - | patient's medication supply for this period is stored within a patient-406 |
|---|
| 504 | | - | specific container, all of which is conducted under the direction of a 407 |
|---|
| 505 | | - | pharmacist licensed in Connecticut and, in the case of a hospital, directly 408 |
|---|
| 506 | | - | involved in the provision and supervision of pharmaceutical services at 409 |
|---|
| 507 | | - | such hospital at least thirty-five hours each week. [;] 410 |
|---|
| 508 | | - | (58) "Cocaine in a free-base form" means any substance which 411 |
|---|
| 509 | | - | contains cocaine, or any compound, isomer, derivative or preparation 412 |
|---|
| 510 | | - | thereof, in a nonsalt form. 413 |
|---|
| 511 | | - | (59) "THC" means tetrahydrocannabinol, including, but not limited 414 |
|---|
| 512 | | - | to, delta-7, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol 415 |
|---|
| 513 | | - | and delta-10-tetrahydrocannabinol, and any material, compound, 416 |
|---|
| 514 | | - | mixture or preparation which contain their salts, isomers and salts of 417 |
|---|
| 515 | | - | isomers, whenever the existence of such salts, isomers and salts of 418 |
|---|
| 516 | | - | isomers is possible within the specific chemical designation, regardless 419 |
|---|
| 517 | | - | of the source, except: (A) Dronabinol substituted in sesame oil and 420 |
|---|
| 518 | | - | encapsulated in a soft gelatin capsule in a federal Food and Drug 421 |
|---|
| 519 | | - | Administration or successor agency approved product, or (B) any 422 |
|---|
| 520 | | - | tetrahydrocannabinol product that has been approved by the federal 423 |
|---|
| 521 | | - | Food and Drug Administration or successor agency to have a medical 424 |
|---|
| 522 | | - | use and reclassified in any schedule of controlled substances or 425 |
|---|
| 523 | | - | unscheduled by the federal Drug Enforcement Administration or 426 |
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| 524 | | - | successor agency. 427 Substitute Bill No. 6697 |
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| 531 | | - | (60) "Total THC" means the sum of the percentage by weight of 428 |
|---|
| 532 | | - | tetrahydrocannabinolic acid, multiplied by eight hundred seventy-429 |
|---|
| 533 | | - | seven-thousandths, plus the percentage of weight of 430 |
|---|
| 534 | | - | tetrahydrocannabinol. 431 |
|---|
| 535 | | - | (61) "Manufactured cannabinoid" means cannabinoids naturally 432 |
|---|
| 536 | | - | occurring from a source other than marijuana that are similar in 433 |
|---|
| 537 | | - | chemical structure or physiological effect to cannabinoids derived from 434 |
|---|
| 538 | | - | marijuana, as defined in section 21a-243, but are derived by a chemical 435 |
|---|
| 539 | | - | or biological process. 436 |
|---|
| 540 | | - | (62) "Synthetic cannabinoid" means any material, compound, mixture 437 |
|---|
| 541 | | - | or preparation which contains any quantity of a substance having a 438 |
|---|
| 542 | | - | psychotropic response primarily by agonist activity at cannabinoid-439 |
|---|
| 543 | | - | specific receptors affecting the central nervous system that is produced 440 |
|---|
| 544 | | - | artificially and not derived from an organic source naturally containing 441 |
|---|
| 545 | | - | cannabinoids, unless listed in another schedule pursuant to section 21a-442 |
|---|
| 546 | | - | 243. 443 |
|---|
| 547 | | - | Sec. 2. Section 21a-408 of the general statutes is repealed and the 444 |
|---|
| 548 | | - | following is substituted in lieu thereof (Effective October 1, 2023): 445 |
|---|
| 549 | | - | As used in this section, sections 21a-408a to 21a-408o, inclusive, and 446 |
|---|
| 550 | | - | sections 21a-408r to 21a-408v, inclusive, as amended by this act, unless 447 |
|---|
| 551 | | - | the context otherwise requires: 448 |
|---|
| 552 | | - | (1) "Advanced practice registered nurse" means an advanced practice 449 |
|---|
| 553 | | - | registered nurse licensed pursuant to chapter 378; 450 |
|---|
| 554 | | - | (2) "Cannabis establishment" has the same meaning as provided in 451 |
|---|
| 555 | | - | section 21a-420, as amended by this act; 452 |
|---|
| 556 | | - | (3) "Cannabis testing laboratory" means a person who (A) is located 453 |
|---|
| 557 | | - | in this state, (B) is licensed by the department to analyze marijuana, and 454 |
|---|
| 558 | | - | (C) meets the licensure requirements established in section 21a-408r, as 455 |
|---|
| 559 | | - | amended by this act, and the regulations adopted pursuant to 456 |
|---|
| 560 | | - | subsection (d) of section 21a-408r, as amended by this act; 457 Substitute Bill No. 6697 |
|---|
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| 567 | | - | (4) "Cannabis testing laboratory employee" means a person who is 458 |
|---|
| 568 | | - | (A) employed at a cannabis testing laboratory, and (B) registered 459 |
|---|
| 569 | | - | pursuant to section 21a-408r, as amended by this act, and the regulations 460 |
|---|
| 570 | | - | adopted pursuant to subsection (d) of section 21a-408r, as amended by 461 |
|---|
| 571 | | - | this act; 462 |
|---|
| 572 | | - | [(3)] (5) "Cultivation" includes planting, propagating, cultivating, 463 |
|---|
| 573 | | - | growing and harvesting; 464 |
|---|
| 574 | | - | [(4)] (6) "Debilitating medical condition" means (A) cancer, glaucoma, 465 |
|---|
| 575 | | - | positive status for human immunodeficiency virus or acquired immune 466 |
|---|
| 576 | | - | deficiency syndrome, Parkinson's disease, multiple sclerosis, damage to 467 |
|---|
| 577 | | - | the nervous tissue of the spinal cord with objective neurological 468 |
|---|
| 578 | | - | indication of intractable spasticity, epilepsy or uncontrolled intractable 469 |
|---|
| 579 | | - | seizure disorder, cachexia, wasting syndrome, Crohn's disease, 470 |
|---|
| 580 | | - | posttraumatic stress disorder, irreversible spinal cord injury with 471 |
|---|
| 581 | | - | objective neurological indication of intractable spasticity, cerebral palsy, 472 |
|---|
| 582 | | - | cystic fibrosis or terminal illness requiring end-of-life care, except, if the 473 |
|---|
| 583 | | - | qualifying patient is under eighteen years of age, "debilitating medical 474 |
|---|
| 584 | | - | condition" means terminal illness requiring end-of-life care, irreversible 475 |
|---|
| 585 | | - | spinal cord injury with objective neurological indication of intractable 476 |
|---|
| 586 | | - | spasticity, cerebral palsy, cystic fibrosis, severe epilepsy or uncontrolled 477 |
|---|
| 587 | | - | intractable seizure disorder, or (B) any medical condition, medical 478 |
|---|
| 588 | | - | treatment or disease approved for qualifying patients by the 479 |
|---|
| 589 | | - | Department of Consumer Protection and posted online pursuant to 480 |
|---|
| 590 | | - | section 21a-408l; 481 |
|---|
| 591 | | - | [(5)] (7) "Dispensary facility" means a place of business where 482 |
|---|
| 592 | | - | marijuana may be dispensed, sold or distributed in accordance with this 483 |
|---|
| 593 | | - | chapter and any regulations adopted thereunder to qualifying patients 484 |
|---|
| 594 | | - | and caregivers and for which the department has issued a dispensary 485 |
|---|
| 595 | | - | facility license pursuant to this chapter; 486 |
|---|
| 596 | | - | [(6)] (8) "Employee" has the same meaning as provided in section 21a-487 |
|---|
| 597 | | - | 420, as amended by this act; 488 Substitute Bill No. 6697 |
|---|
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| 604 | | - | [(7)] (9) "Institutional animal care and use committee" means a 489 |
|---|
| 605 | | - | committee that oversees an organization's animal program, facilities 490 |
|---|
| 606 | | - | and procedures to ensure compliance with federal policies, guidelines 491 |
|---|
| 607 | | - | and principles related to the care and use of animals in research; 492 |
|---|
| 608 | | - | [(8)] (10) "Institutional review board" means a specifically constituted 493 |
|---|
| 609 | | - | review body established or designated by an organization to protect the 494 |
|---|
| 610 | | - | rights and welfare of persons recruited to participate in biomedical, 495 |
|---|
| 611 | | - | behavioral or social science research; 496 |
|---|
| 612 | | - | [(9) "Laboratory" means a laboratory located in the state that is 497 |
|---|
| 613 | | - | licensed by the department to provide analysis of marijuana and that 498 |
|---|
| 614 | | - | meets the licensure requirements set forth in section 21a-246; 499 |
|---|
| 615 | | - | (10) "Laboratory employee" means a person who is registered as a 500 |
|---|
| 616 | | - | laboratory employee pursuant to section 21a-408r;] 501 |
|---|
| 617 | | - | (11) "Licensed dispensary" or "dispensary" means an individual who 502 |
|---|
| 618 | | - | is a licensed pharmacist employed by a dispensary facility or hybrid 503 |
|---|
| 619 | | - | retailer; 504 |
|---|
| 620 | | - | (12) "Producer" means a person who is licensed as a producer 505 |
|---|
| 621 | | - | pursuant to section 21a-408i; 506 |
|---|
| 622 | | - | (13) "Marijuana" means marijuana, as defined in section 21a-240, as 507 |
|---|
| 623 | | - | amended by this act; 508 |
|---|
| 624 | | - | (14) "Nurse" means a person who is licensed as a nurse under chapter 509 |
|---|
| 625 | | - | 378; 510 |
|---|
| 626 | | - | (15) "Palliative use" means the acquisition, distribution, transfer, 511 |
|---|
| 627 | | - | possession, use or transportation of marijuana or paraphernalia relating 512 |
|---|
| 628 | | - | to marijuana, including the transfer of marijuana and paraphernalia 513 |
|---|
| 629 | | - | relating to marijuana from the patient's caregiver to the qualifying 514 |
|---|
| 630 | | - | patient, to alleviate a qualifying patient's symptoms of a debilitating 515 |
|---|
| 631 | | - | medical condition or the effects of such symptoms, but does not include 516 |
|---|
| 632 | | - | any such use of marijuana by any person other than the qualifying 517 Substitute Bill No. 6697 |
|---|
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|---|
| 639 | | - | patient; 518 |
|---|
| 640 | | - | (16) "Paraphernalia" means drug paraphernalia, as defined in section 519 |
|---|
| 641 | | - | 21a-240, as amended by this act; 520 |
|---|
| 642 | | - | (17) "Physician" means a person who is licensed as a physician under 521 |
|---|
| 643 | | - | chapter 370; 522 |
|---|
| 644 | | - | (18) "Physician assistant" means a person who is licensed as a 523 |
|---|
| 645 | | - | physician assistant under chapter 370; 524 |
|---|
| 646 | | - | (19) "Caregiver" means a person, other than the qualifying patient 525 |
|---|
| 647 | | - | and the qualifying patient's physician, physician assistant or advanced 526 |
|---|
| 648 | | - | practice registered nurse, who is eighteen years of age or older and has 527 |
|---|
| 649 | | - | agreed to undertake responsibility for managing the well-being of the 528 |
|---|
| 650 | | - | qualifying patient with respect to the palliative use of marijuana, 529 |
|---|
| 651 | | - | provided (A) in the case of a qualifying patient (i) under eighteen years 530 |
|---|
| 652 | | - | of age and not an emancipated minor, or (ii) otherwise lacking legal 531 |
|---|
| 653 | | - | capacity, such person shall be a parent, guardian or person having legal 532 |
|---|
| 654 | | - | custody of such qualifying patient, and (B) in the case of a qualifying 533 |
|---|
| 655 | | - | patient eighteen years of age or older or an emancipated minor, the need 534 |
|---|
| 656 | | - | for such person shall be evaluated by the qualifying patient's physician, 535 |
|---|
| 657 | | - | physician assistant or advanced practice registered nurse and such need 536 |
|---|
| 658 | | - | shall be documented in the written certification; 537 |
|---|
| 659 | | - | (20) "Qualifying patient" means a person who: (A) Is a resident of 538 |
|---|
| 660 | | - | Connecticut, (B) has been diagnosed by a physician, physician assistant 539 |
|---|
| 661 | | - | or advanced practice registered nurse as having a debilitating medical 540 |
|---|
| 662 | | - | condition, and (C) (i) is eighteen years of age or older, (ii) is an 541 |
|---|
| 663 | | - | emancipated minor, or (iii) has written consent from a custodial parent, 542 |
|---|
| 664 | | - | guardian or other person having legal custody of such person that 543 |
|---|
| 665 | | - | indicates that such person has permission from such parent, guardian 544 |
|---|
| 666 | | - | or other person for the palliative use of marijuana for a debilitating 545 |
|---|
| 667 | | - | medical condition and that such parent, guardian or other person will 546 |
|---|
| 668 | | - | (I) serve as a caregiver for the qualifying patient, and (II) control the 547 |
|---|
| 669 | | - | acquisition and possession of marijuana and any related paraphernalia 548 Substitute Bill No. 6697 |
|---|
| 670 | | - | |
|---|
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| 675 | | - | |
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| 676 | | - | for palliative use on behalf of such person. "Qualifying patient" does not 549 |
|---|
| 677 | | - | include an inmate confined in a correctional institution or facility under 550 |
|---|
| 678 | | - | the supervision of the Department of Correction; 551 |
|---|
| 679 | | - | (21) "Research program" means a study approved by the Department 552 |
|---|
| 680 | | - | of Consumer Protection in accordance with this chapter and undertaken 553 |
|---|
| 681 | | - | to increase information or knowledge regarding the growth or 554 |
|---|
| 682 | | - | processing of marijuana, or the medical attributes, dosage forms, 555 |
|---|
| 683 | | - | administration or use of marijuana to treat or alleviate symptoms of any 556 |
|---|
| 684 | | - | medical conditions or the effects of such symptoms; 557 |
|---|
| 685 | | - | (22) "Research program employee" means a person who (A) is 558 |
|---|
| 686 | | - | registered as a research program employee under section 21a-408t, or 559 |
|---|
| 687 | | - | (B) holds a temporary certificate of registration issued pursuant to 560 |
|---|
| 688 | | - | section 21a-408t; 561 |
|---|
| 689 | | - | (23) "Research program subject" means a person registered as a 562 |
|---|
| 690 | | - | research program subject pursuant to section 21a-408v; 563 |
|---|
| 691 | | - | (24) "Usable marijuana" means the dried leaves and flowers of the 564 |
|---|
| 692 | | - | marijuana plant, and any mixtures or preparations of such leaves and 565 |
|---|
| 693 | | - | flowers, that are appropriate for the palliative use of marijuana, but does 566 |
|---|
| 694 | | - | not include the seeds, stalks and roots of the marijuana plant; and 567 |
|---|
| 695 | | - | (25) "Written certification" means a written certification issued by a 568 |
|---|
| 696 | | - | physician, physician assistant or advanced practice registered nurse 569 |
|---|
| 697 | | - | pursuant to section 21a-408c. 570 |
|---|
| 698 | | - | Sec. 3. Subsection (a) of section 21a-408b of the general statutes is 571 |
|---|
| 699 | | - | repealed and the following is substituted in lieu thereof (Effective from 572 |
|---|
| 700 | | - | passage): 573 |
|---|
| 701 | | - | (a) No person may serve as a caregiver for a qualifying patient [(1)] 574 |
|---|
| 702 | | - | unless such qualifying patient has a valid registration certificate from 575 |
|---|
| 703 | | - | the Department of Consumer Protection pursuant to subsection (a) of 576 |
|---|
| 704 | | - | section 21a-408d. [, and (2) if such person has been convicted of a 577 |
|---|
| 705 | | - | violation of any law pertaining to the illegal manufacture, sale or 578 Substitute Bill No. 6697 |
|---|
| 706 | | - | |
|---|
| 707 | | - | |
|---|
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| 711 | | - | |
|---|
| 712 | | - | distribution of a controlled substance.] A caregiver may not be 579 |
|---|
| 713 | | - | responsible for the care of more than one qualifying patient at any time, 580 |
|---|
| 714 | | - | except that a caregiver may be responsible for the care of more than one 581 |
|---|
| 715 | | - | qualifying patient if the caregiver and each qualifying patient have a 582 |
|---|
| 716 | | - | parental, grandparental, guardianship, conservatorship, spousal or 583 |
|---|
| 717 | | - | sibling relationship. 584 |
|---|
| 718 | | - | Sec. 4. Subsection (a) of section 21a-408j of the general statutes is 585 |
|---|
| 719 | | - | repealed and the following is substituted in lieu thereof (Effective October 586 |
|---|
| 720 | | - | 1, 2023): 587 |
|---|
| 721 | | - | (a) No dispensary facility or employee of the dispensary facility may: 588 |
|---|
| 722 | | - | (1) Acquire marijuana from a person other than a producer from a 589 |
|---|
| 723 | | - | cultivator, micro-cultivator, product manufacturer, food and beverage 590 |
|---|
| 724 | | - | manufacturer, product packager, or transporter, as such terms are 591 |
|---|
| 725 | | - | defined in section 21a-420, as amended by this act; (2) transfer or 592 |
|---|
| 726 | | - | transport marijuana to a person who is not (A) a qualifying patient 593 |
|---|
| 727 | | - | registered under section 21a-408d; (B) a caregiver of such qualifying 594 |
|---|
| 728 | | - | patient; (C) a hospice or other inpatient care facility licensed by the 595 |
|---|
| 729 | | - | Department of Public Health pursuant to chapter 368v that has a 596 |
|---|
| 730 | | - | protocol for the handling and distribution of marijuana that has been 597 |
|---|
| 731 | | - | approved by the Department of Consumer Protection; (D) a cannabis 598 |
|---|
| 732 | | - | testing laboratory; (E) an organization engaged in a research program; 599 |
|---|
| 733 | | - | (F) a delivery service, as defined in section 21a-420, as amended by this 600 |
|---|
| 734 | | - | act; or (G) a transporter, as defined in section 21a-420, as amended by 601 |
|---|
| 735 | | - | this act; or (3) obtain or transport marijuana outside of this state in 602 |
|---|
| 736 | | - | violation of state or federal law. 603 |
|---|
| 737 | | - | Sec. 5. Section 21a-408k of the general statutes is repealed and the 604 |
|---|
| 738 | | - | following is substituted in lieu thereof (Effective October 1, 2023): 605 |
|---|
| 739 | | - | (a) No producer or employee of the producer may: (1) Sell, deliver, 606 |
|---|
| 740 | | - | transport or distribute marijuana to a person who is not (A) a cannabis 607 |
|---|
| 741 | | - | establishment, (B) a cannabis testing laboratory, or (C) an organization 608 |
|---|
| 742 | | - | engaged in a research program, or (2) obtain or transport marijuana 609 |
|---|
| 743 | | - | outside of this state in violation of state or federal law. 610 Substitute Bill No. 6697 |
|---|
| 744 | | - | |
|---|
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| 749 | | - | |
|---|
| 750 | | - | (b) No licensed producer or employee of the producer acting within 611 |
|---|
| 751 | | - | the scope of [his or her] such employee's employment shall be subject to 612 |
|---|
| 752 | | - | arrest or prosecution or penalized in any manner, including, but not 613 |
|---|
| 753 | | - | limited to, being subject to any civil penalty, or denied any right or 614 |
|---|
| 754 | | - | privilege, including, but not limited to, being subject to any disciplinary 615 |
|---|
| 755 | | - | action by a professional licensing board, for cultivating marijuana or 616 |
|---|
| 756 | | - | selling, delivering, transferring, transporting or distributing marijuana 617 |
|---|
| 757 | | - | to a cannabis establishment, cannabis testing laboratory or research 618 |
|---|
| 758 | | - | program. 619 |
|---|
| 759 | | - | Sec. 6. Subsections (a) to (d), inclusive, of section 21a-408r of the 620 |
|---|
| 760 | | - | general statutes are repealed and the following is substituted in lieu 621 |
|---|
| 761 | | - | thereof (Effective October 1, 2023): 622 |
|---|
| 762 | | - | (a) No person may act as a cannabis testing laboratory or represent 623 |
|---|
| 763 | | - | that such person is a cannabis testing laboratory unless such person has 624 |
|---|
| 764 | | - | (1) obtained a license from the Commissioner of Consumer Protection 625 |
|---|
| 765 | | - | pursuant to this section, or (2) (A) been granted approval by the 626 |
|---|
| 766 | | - | Commissioner of Consumer Protection as of October 1, 2021, and (B) 627 |
|---|
| 767 | | - | submitted an application to the Commissioner of Consumer Protection 628 |
|---|
| 768 | | - | for licensure pursuant to this section in a form and manner prescribed 629 |
|---|
| 769 | | - | by the commissioner. Such person may continue to act as a cannabis 630 |
|---|
| 770 | | - | testing laboratory until such application for licensure under this section 631 |
|---|
| 771 | | - | is approved or denied by the Commissioner of Consumer Protection. 632 |
|---|
| 772 | | - | The fee to receive a provisional license as a cannabis testing laboratory 633 |
|---|
| 773 | | - | shall be five hundred dollars, and the fee to receive a final license, or 634 |
|---|
| 774 | | - | renewal of a final license, as a cannabis testing laboratory shall be one 635 |
|---|
| 775 | | - | thousand dollars. 636 |
|---|
| 776 | | - | (b) Except as provided in subsection (c) of this section, no person may 637 |
|---|
| 777 | | - | act as a cannabis testing laboratory employee or represent that such 638 |
|---|
| 778 | | - | person is a cannabis testing laboratory employee unless such person has 639 |
|---|
| 779 | | - | obtained a registration from the Commissioner of Consumer Protection 640 |
|---|
| 780 | | - | pursuant to this section. 641 |
|---|
| 781 | | - | (c) Prior to the effective date of regulations adopted under this 642 Substitute Bill No. 6697 |
|---|
| 782 | | - | |
|---|
| 783 | | - | |
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| 786 | | - | 22 of 96 |
|---|
| 787 | | - | |
|---|
| 788 | | - | section, the Commissioner of Consumer Protection may issue a 643 |
|---|
| 789 | | - | temporary certificate of registration to a cannabis testing laboratory 644 |
|---|
| 790 | | - | employee. The commissioner shall prescribe the standards, procedures 645 |
|---|
| 791 | | - | and fees for obtaining a temporary certificate of registration as a 646 |
|---|
| 792 | | - | cannabis testing laboratory employee. 647 |
|---|
| 793 | | - | (d) The Commissioner of Consumer Protection shall adopt 648 |
|---|
| 794 | | - | regulations, in accordance with chapter 54, to (1) provide for the 649 |
|---|
| 795 | | - | licensure or registration of cannabis testing laboratories and cannabis 650 |
|---|
| 796 | | - | testing laboratory employees, (2) establish standards and procedures for 651 |
|---|
| 797 | | - | the revocation, suspension, summary suspension and nonrenewal of 652 |
|---|
| 798 | | - | cannabis testing laboratory licenses and cannabis testing laboratory 653 |
|---|
| 799 | | - | employee registrations, provided such standards and procedures are 654 |
|---|
| 800 | | - | consistent with the provisions of subsection (c) of section 4-182, (3) 655 |
|---|
| 801 | | - | establish a [license or] registration renewal fee for each [licensed 656 |
|---|
| 802 | | - | laboratory and] registered cannabis testing laboratory employee, 657 |
|---|
| 803 | | - | provided the aggregate amount of such [license, registration and 658 |
|---|
| 804 | | - | renewal] fees shall not be less than the amount necessary to cover the 659 |
|---|
| 805 | | - | direct and indirect cost of [licensing,] registering and regulating 660 |
|---|
| 806 | | - | [laboratories and] cannabis testing laboratory employees in accordance 661 |
|---|
| 807 | | - | with the provisions of this chapter, (4) establish procedures by which 662 |
|---|
| 808 | | - | cannabis testing laboratories shall accept marijuana samples from 663 |
|---|
| 809 | | - | caregivers, qualifying patients and consumers for testing, and [(4)] (5) 664 |
|---|
| 810 | | - | establish other licensing, registration, renewal and operational 665 |
|---|
| 811 | | - | standards deemed necessary by the commissioner. For the purposes of 666 |
|---|
| 812 | | - | this subsection, "consumer" has the same meaning as provided in 667 |
|---|
| 813 | | - | section 21a-420, as amended by this act. 668 |
|---|
| 814 | | - | Sec. 7. Section 21a-408s of the general statutes is repealed and the 669 |
|---|
| 815 | | - | following is substituted in lieu thereof (Effective October 1, 2023): 670 |
|---|
| 816 | | - | (a) No cannabis testing laboratory or cannabis testing laboratory 671 |
|---|
| 817 | | - | employee may (1) acquire marijuana from a person other than (A) a 672 |
|---|
| 818 | | - | cannabis establishment or an organization engaged in a research 673 |
|---|
| 819 | | - | program, or (B) a caregiver, a qualifying patient or a consumer, as 674 |
|---|
| 820 | | - | defined in section 21a-420, as amended by this act, providing a 675 Substitute Bill No. 6697 |
|---|
| 821 | | - | |
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| 825 | | - | 23 of 96 |
|---|
| 826 | | - | |
|---|
| 827 | | - | marijuana sample under regulations adopted by the Commissioner of 676 |
|---|
| 828 | | - | Consumer Protection pursuant to subsection (d) of section 21a-408r, as 677 |
|---|
| 829 | | - | amended by this act, (2) deliver, transport or distribute marijuana to (A) 678 |
|---|
| 830 | | - | a person who is not a cannabis establishment from which the marijuana 679 |
|---|
| 831 | | - | was originally acquired by the cannabis testing laboratory or cannabis 680 |
|---|
| 832 | | - | testing laboratory employee, or (B) an organization not engaged in a 681 |
|---|
| 833 | | - | research program, or (3) obtain or transport marijuana outside of this 682 |
|---|
| 834 | | - | state in violation of state or federal law. 683 |
|---|
| 835 | | - | (b) (1) No cannabis testing laboratory employee acting within the 684 |
|---|
| 836 | | - | scope of [his or her] such cannabis testing employee's employment shall 685 |
|---|
| 837 | | - | be subject to arrest or prosecution, penalized in any manner, including, 686 |
|---|
| 838 | | - | but not limited to, being subject to any civil penalty, or denied any right 687 |
|---|
| 839 | | - | or privilege, including, but not limited to, being subject to any 688 |
|---|
| 840 | | - | disciplinary action by a professional licensing board, for acquiring, 689 |
|---|
| 841 | | - | possessing, delivering, transporting or distributing marijuana to a 690 |
|---|
| 842 | | - | cannabis establishment or an organization engaged in an approved 691 |
|---|
| 843 | | - | research program under the provisions of this chapter. 692 |
|---|
| 844 | | - | (2) No cannabis testing laboratory shall be subject to prosecution, 693 |
|---|
| 845 | | - | penalized in any manner, including, but not limited to, being subject to 694 |
|---|
| 846 | | - | any civil penalty or denied any right or privilege, for acquiring, 695 |
|---|
| 847 | | - | possessing, delivering, transporting or distributing marijuana to a 696 |
|---|
| 848 | | - | cannabis establishment or an organization engaged in an approved 697 |
|---|
| 849 | | - | research program under the provisions of this chapter. 698 |
|---|
| 850 | | - | (c) A cannabis testing laboratory shall be independent from all other 699 |
|---|
| 851 | | - | persons involved in the marijuana industry in Connecticut, which shall 700 |
|---|
| 852 | | - | mean that no person with a direct or indirect financial, managerial or 701 |
|---|
| 853 | | - | controlling interest in the cannabis testing laboratory shall have a direct 702 |
|---|
| 854 | | - | or indirect financial, managerial or controlling interest in a cannabis 703 |
|---|
| 855 | | - | establishment or any other entity that may benefit from the laboratory 704 |
|---|
| 856 | | - | test results for a cannabis or marijuana sample or product. 705 |
|---|
| 857 | | - | (d) A cannabis testing laboratory shall maintain all minimum security 706 |
|---|
| 858 | | - | and safeguard requirements for the storage of handling of controlled 707 Substitute Bill No. 6697 |
|---|
| 859 | | - | |
|---|
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| 863 | | - | 24 of 96 |
|---|
| 864 | | - | |
|---|
| 865 | | - | substances as a laboratory that is licensed to provide analysis of 708 |
|---|
| 866 | | - | controlled substances pursuant to section 21a-246 and any regulations 709 |
|---|
| 867 | | - | adopted thereunder. 710 |
|---|
| 868 | | - | Sec. 8. Section 21a-408u of the general statutes is repealed and the 711 |
|---|
| 869 | | - | following is substituted in lieu thereof (Effective October 1, 2023): 712 |
|---|
| 870 | | - | (a) No research program or research program employee may (1) 713 |
|---|
| 871 | | - | acquire marijuana from a person other than a cannabis establishment or 714 |
|---|
| 872 | | - | cannabis testing laboratory, (2) deliver, transport or distribute 715 |
|---|
| 873 | | - | marijuana to a person who is not (A) a cannabis establishment, (B) a 716 |
|---|
| 874 | | - | cannabis testing laboratory, or (C) a research program subject, (3) 717 |
|---|
| 875 | | - | distribute or administer marijuana to an animal unless such animal is an 718 |
|---|
| 876 | | - | animal research subject, or (4) obtain or transport marijuana outside of 719 |
|---|
| 877 | | - | this state in violation of state or federal law. 720 |
|---|
| 878 | | - | (b) No research program employee acting within the scope of [his or 721 |
|---|
| 879 | | - | her] such research program employee's employment shall be subject to 722 |
|---|
| 880 | | - | arrest or prosecution, penalized in any manner, including, but not 723 |
|---|
| 881 | | - | limited to, being subject to any civil penalty, or denied any right or 724 |
|---|
| 882 | | - | privilege, including, but not limited to, being subject to any disciplinary 725 |
|---|
| 883 | | - | action by a professional licensing board, for acquiring, possessing, 726 |
|---|
| 884 | | - | delivering, transporting or distributing marijuana to a cannabis 727 |
|---|
| 885 | | - | establishment or cannabis testing laboratory, or a research program 728 |
|---|
| 886 | | - | subject or distributing or administering marijuana to an animal research 729 |
|---|
| 887 | | - | subject under the provisions of this chapter. 730 |
|---|
| 888 | | - | Sec. 9. Section 21a-420 of the general statutes is repealed and the 731 |
|---|
| 889 | | - | following is substituted in lieu thereof (Effective October 1, 2023): 732 |
|---|
| 890 | | - | As used in RERACA, unless the context otherwise requires: 733 |
|---|
| 891 | | - | (1) "Responsible and Equitable Regulation of Adult-Use Cannabis 734 |
|---|
| 892 | | - | Act" or "RERACA" means this section, sections 2-56j, 7-294kk, 7-294ll, 735 |
|---|
| 893 | | - | 12-330ll to 12-330nn, inclusive, 14-227p, 21a-278b, 21a-278c, 21a-279c, 736 |
|---|
| 894 | | - | 21a-279d, 21a-420a to [21a-420i] 21a-420j, inclusive, as amended by this 737 |
|---|
| 895 | | - | act, 21a-420l to 21a-421r, inclusive, 21a-421aa to 21a-421ff, inclusive, 21a-738 Substitute Bill No. 6697 |
|---|
| 896 | | - | |
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| 900 | | - | 25 of 96 |
|---|
| 901 | | - | |
|---|
| 902 | | - | 421aaa to [21a-421ggg] 21a-421hhh, inclusive, 21a-422 to 21a-422c, 739 |
|---|
| 903 | | - | inclusive, 21a-422e to 21a-422g, inclusive, 21a-422j to 21a-422s, inclusive, 740 |
|---|
| 904 | | - | 22-61n, 23-4b, 47a-9a, as amended by this act, 53-247a, 53a-213a, 53a-741 |
|---|
| 905 | | - | 213b, 54-33p, 54-56q, 54-56r, 54-125k and 54-142u, sections 23, 60, 63 to 742 |
|---|
| 906 | | - | 65, inclusive, 124, 144 and 165 of public act 21-1 of the June special 743 |
|---|
| 907 | | - | session and the amendments in public act 21-1 of the June special session 744 |
|---|
| 908 | | - | to sections 7-148, 10-221, as amended by this act, 12-30a, 12-35b, 12-412, 745 |
|---|
| 909 | | - | 12-650, 12-704d, 14-44k, 14-111e, 14-227a to 14-227c, inclusive, 14-227j, 746 |
|---|
| 910 | | - | 15-140q, 15-140r, 18-100h, 19a-342, 19a-342a, 21a-267, as amended by 747 |
|---|
| 911 | | - | this act, 21a-277, as amended by this act, 21a-279, 21a-279a, 21a-408 to 748 |
|---|
| 912 | | - | 21a-408f, inclusive, as amended by this act, 21a-408h to 21a-408p, 749 |
|---|
| 913 | | - | inclusive, 21a-408r to 21a-408v, inclusive, as amended by this act, 30-750 |
|---|
| 914 | | - | 89a, 31-40q, 32-39, 46b-120, 51-164n, 53-394, 53a-39c, 54-1m, 54-33g, 54-751 |
|---|
| 915 | | - | 41b, 54-56e, 54-56g, 54-56i, 54-56k, 54-56n, 54-63d, 54-66a [,] and 54-142e; 752 |
|---|
| 916 | | - | [, 21a-421hhh and 21a-420j;] 753 |
|---|
| 917 | | - | (2) "Backer" means any individual with a direct or indirect financial 754 |
|---|
| 918 | | - | interest in a cannabis establishment. "Backer" does not include an 755 |
|---|
| 919 | | - | individual with an investment interest in a cannabis establishment if (A) 756 |
|---|
| 920 | | - | the interest held by such individual and such individual's spouse, 757 |
|---|
| 921 | | - | parent or child, in the aggregate, does not exceed five per cent of the 758 |
|---|
| 922 | | - | total ownership or interest rights in such cannabis establishment, and 759 |
|---|
| 923 | | - | (B) such individual does not participate directly or indirectly in the 760 |
|---|
| 924 | | - | control, management or operation of the cannabis establishment; 761 |
|---|
| 925 | | - | (3) "Cannabis" means marijuana, as defined in section 21a-240, as 762 |
|---|
| 926 | | - | amended by this act; 763 |
|---|
| 927 | | - | (4) "Cannabis establishment" means a producer, dispensary facility, 764 |
|---|
| 928 | | - | cultivator, micro-cultivator, retailer, hybrid retailer, food and beverage 765 |
|---|
| 929 | | - | manufacturer, product manufacturer, product packager, delivery 766 |
|---|
| 930 | | - | service or transporter; 767 |
|---|
| 931 | | - | (5) "Cannabis flower" means the flower, including abnormal and 768 |
|---|
| 932 | | - | immature flowers, of a plant of the genus cannabis that has been 769 |
|---|
| 933 | | - | harvested, dried and cured, and prior to any processing whereby the 770 Substitute Bill No. 6697 |
|---|
| 934 | | - | |
|---|
| 935 | | - | |
|---|
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| 938 | | - | 26 of 96 |
|---|
| 939 | | - | |
|---|
| 940 | | - | flower material is transformed into a cannabis product. "Cannabis 771 |
|---|
| 941 | | - | flower" does not include (A) the leaves or stem of such plant, or (B) 772 |
|---|
| 942 | | - | hemp, as defined in section 22-61l, as amended by this act; 773 |
|---|
| 943 | | - | (6) "Cannabis testing laboratory" means a laboratory that (A) is 774 |
|---|
| 944 | | - | located in this state, (B) is licensed by the department to analyze 775 |
|---|
| 945 | | - | cannabis, and (C) meets the licensure requirements established in 776 |
|---|
| 946 | | - | section 21a-408r, as amended by this act, and the regulations adopted 777 |
|---|
| 947 | | - | pursuant to subsection (d) of section 21a-408r, as amended by this act; 778 |
|---|
| 948 | | - | (7) "Cannabis testing laboratory employee" means an individual who 779 |
|---|
| 949 | | - | is (A) employed at a cannabis testing laboratory, and (B) registered 780 |
|---|
| 950 | | - | pursuant to section 21a-408r, as amended by this act, and the regulations 781 |
|---|
| 951 | | - | adopted pursuant to subsection (d) of section 21a-408r, as amended by 782 |
|---|
| 952 | | - | this act; 783 |
|---|
| 953 | | - | [(6)] (8) "Cannabis trim" means all parts, including abnormal or 784 |
|---|
| 954 | | - | immature parts, of a plant of the genus cannabis, other than cannabis 785 |
|---|
| 955 | | - | flower, that have been harvested, dried and cured, and prior to any 786 |
|---|
| 956 | | - | processing whereby the plant material is transformed into a cannabis 787 |
|---|
| 957 | | - | product. "Cannabis trim" does not include hemp, as defined in section 788 |
|---|
| 958 | | - | 22-61l, as amended by this act; 789 |
|---|
| 959 | | - | [(7)] (9) "Cannabis product" means cannabis that is in the form of a 790 |
|---|
| 960 | | - | cannabis concentrate or a product that contains cannabis, which may be 791 |
|---|
| 961 | | - | combined with other ingredients, and is intended for use or 792 |
|---|
| 962 | | - | consumption. "Cannabis product" does not include the raw cannabis 793 |
|---|
| 963 | | - | plant; 794 |
|---|
| 964 | | - | [(8)] (10) "Cannabis concentrate" means any form of concentration, 795 |
|---|
| 965 | | - | including, but not limited to, extracts, oils, tinctures, shatter and waxes, 796 |
|---|
| 966 | | - | that is extracted from cannabis; 797 |
|---|
| 967 | | - | [(9) "Cannabis-type substances" have the same meaning as 798 |
|---|
| 968 | | - | "marijuana", as defined in section 21a-240;] 799 |
|---|
| 969 | | - | [(10)] (11) "Commissioner" means the Commissioner of Consumer 800 Substitute Bill No. 6697 |
|---|
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|---|
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| 974 | | - | 27 of 96 |
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| 975 | | - | |
|---|
| 976 | | - | Protection and includes any designee of the commissioner; 801 |
|---|
| 977 | | - | [(11)] (12) "Consumer" means an individual who is twenty-one years 802 |
|---|
| 978 | | - | of age or older; 803 |
|---|
| 979 | | - | [(12)] (13) "Cultivation" has the same meaning as provided in section 804 |
|---|
| 980 | | - | 21a-408, as amended by this act; 805 |
|---|
| 981 | | - | [(13)] (14) "Cultivator" means a person that is licensed to engage in 806 |
|---|
| 982 | | - | the cultivation, growing and propagation of the cannabis plant at an 807 |
|---|
| 983 | | - | establishment with not less than fifteen thousand square feet of grow 808 |
|---|
| 984 | | - | space; 809 |
|---|
| 985 | | - | [(14)] (15) "Delivery service" means a person that is licensed to deliver 810 |
|---|
| 986 | | - | cannabis from (A) micro-cultivators, retailers and hybrid retailers to 811 |
|---|
| 987 | | - | consumers and research program subjects, and (B) hybrid retailers and 812 |
|---|
| 988 | | - | dispensary facilities to qualifying patients, caregivers and research 813 |
|---|
| 989 | | - | program subjects, as defined in section 21a-408, as amended by this act, 814 |
|---|
| 990 | | - | or to hospices or other inpatient care facilities licensed by the 815 |
|---|
| 991 | | - | Department of Public Health pursuant to chapter 368v that have a 816 |
|---|
| 992 | | - | protocol for the handling and distribution of cannabis that has been 817 |
|---|
| 993 | | - | approved by the department, or a combination thereof; 818 |
|---|
| 994 | | - | [(15)] (16) "Department" means the Department of Consumer 819 |
|---|
| 995 | | - | Protection; 820 |
|---|
| 996 | | - | [(16)] (17) "Dispensary facility" means a place of business where 821 |
|---|
| 997 | | - | cannabis may be dispensed, sold or distributed in accordance with 822 |
|---|
| 998 | | - | chapter 420f and any regulations adopted thereunder, to qualifying 823 |
|---|
| 999 | | - | patients and caregivers, and to which the department has issued a 824 |
|---|
| 1000 | | - | dispensary facility license under chapter 420f and any regulations 825 |
|---|
| 1001 | | - | adopted thereunder; 826 |
|---|
| 1002 | | - | [(17)] (18) "Disproportionately impacted area" means a United States 827 |
|---|
| 1003 | | - | census tract in the state that has, as determined by the Social Equity 828 |
|---|
| 1004 | | - | Council under section 21a-420d, as amended by this act, (A) a historical 829 |
|---|
| 1005 | | - | conviction rate for drug-related offenses greater than one-tenth, or (B) 830 Substitute Bill No. 6697 |
|---|
| 1006 | | - | |
|---|
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| 1010 | | - | 28 of 96 |
|---|
| 1011 | | - | |
|---|
| 1012 | | - | an unemployment rate greater than ten per cent; 831 |
|---|
| 1013 | | - | [(18)] (19) "Disqualifying conviction" means a conviction within the 832 |
|---|
| 1014 | | - | last ten years which has not been the subject of an absolute pardon 833 |
|---|
| 1015 | | - | under the provisions of section 54-130a, or an equivalent pardon process 834 |
|---|
| 1016 | | - | under the laws of another state or the federal government, for an offense 835 |
|---|
| 1017 | | - | under (A) section 53a-276, 53a-277 or 53a-278; (B) section 53a-291, 53a-836 |
|---|
| 1018 | | - | 292 or 53a-293; (C) section 53a-215; (D) section 53a-138 or 53a-139; (E) 837 |
|---|
| 1019 | | - | section 53a-142a; (F) sections 53a-147 to 53a-162, inclusive; (G) sections 838 |
|---|
| 1020 | | - | 53a-125c to 53a-125f, inclusive; (H) section 53a-129b, 53a-129c or 53a-839 |
|---|
| 1021 | | - | 129d; (I) subsection (b) of section 12-737; (J) section 53a-48 or 53a-49, if 840 |
|---|
| 1022 | | - | the offense which is attempted or is an object of the conspiracy is an 841 |
|---|
| 1023 | | - | offense under the statutes listed in subparagraphs (A) to (I), inclusive, 842 |
|---|
| 1024 | | - | of this subdivision; or (K) the law of any other state or of the federal 843 |
|---|
| 1025 | | - | government, if the offense on which such conviction is based is defined 844 |
|---|
| 1026 | | - | by elements that substantially include the elements of an offense under 845 |
|---|
| 1027 | | - | the statutes listed in subparagraphs (A) to (J), inclusive, of this 846 |
|---|
| 1028 | | - | subdivision; 847 |
|---|
| 1029 | | - | [(19)] (20) "Dispensary technician" means an individual who has had 848 |
|---|
| 1030 | | - | an active pharmacy technician or dispensary technician registration in 849 |
|---|
| 1031 | | - | this state within the past five years, is affiliated with a dispensary facility 850 |
|---|
| 1032 | | - | or hybrid retailer and is registered with the department in accordance 851 |
|---|
| 1033 | | - | with chapter 420f and any regulations adopted thereunder; 852 |
|---|
| 1034 | | - | [(20)] (21) "Employee" means any person who is not a backer, but is a 853 |
|---|
| 1035 | | - | member of the board of a company with an ownership interest in a 854 |
|---|
| 1036 | | - | cannabis establishment, and any person employed by a cannabis 855 |
|---|
| 1037 | | - | establishment or who otherwise has access to such establishment or the 856 |
|---|
| 1038 | | - | vehicles used to transport cannabis, including, but not limited to, an 857 |
|---|
| 1039 | | - | independent contractor who has routine access to the premises of such 858 |
|---|
| 1040 | | - | establishment or to the cannabis handled by such establishment; 859 |
|---|
| 1041 | | - | [(21)] (22) "Equity" and "equitable" means efforts, regulations, 860 |
|---|
| 1042 | | - | policies, programs, standards, processes and any other functions of 861 |
|---|
| 1043 | | - | government or principles of law and governance intended to: (A) 862 Substitute Bill No. 6697 |
|---|
| 1044 | | - | |
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| 1048 | | - | 29 of 96 |
|---|
| 1049 | | - | |
|---|
| 1050 | | - | Identify and remedy past and present patterns of discrimination and 863 |
|---|
| 1051 | | - | disparities of race, ethnicity, gender and sexual orientation; (B) ensure 864 |
|---|
| 1052 | | - | that such patterns of discrimination and disparities, whether intentional 865 |
|---|
| 1053 | | - | or unintentional, are neither reinforced nor perpetuated; and (C) 866 |
|---|
| 1054 | | - | prevent the emergence and persistence of foreseeable future patterns of 867 |
|---|
| 1055 | | - | discrimination or disparities of race, ethnicity, gender and sexual 868 |
|---|
| 1056 | | - | orientation; 869 |
|---|
| 1057 | | - | [(22)] (23) "Equity joint venture" means a business entity that is at 870 |
|---|
| 1058 | | - | least fifty per cent owned and controlled by an individual or 871 |
|---|
| 1059 | | - | individuals, or such applicant is an individual, who meets the criteria of 872 |
|---|
| 1060 | | - | subparagraphs (A) and (B) of subdivision [(48)] (47) of this section; 873 |
|---|
| 1061 | | - | [(23)] (24) "Extract" means the preparation, compounding, conversion 874 |
|---|
| 1062 | | - | or processing of cannabis, either directly or indirectly by extraction or 875 |
|---|
| 1063 | | - | independently by means of chemical synthesis, or by a combination of 876 |
|---|
| 1064 | | - | extraction and chemical synthesis to produce a cannabis concentrate; 877 |
|---|
| 1065 | | - | [(24)] (25) "Financial interest" means any right to, ownership, an 878 |
|---|
| 1066 | | - | investment or a compensation arrangement with another person, 879 |
|---|
| 1067 | | - | directly, through business, investment or family. "Financial interest" 880 |
|---|
| 1068 | | - | does not include ownership of investment securities in a publicly-held 881 |
|---|
| 1069 | | - | corporation that is traded on a national exchange or over-the-counter 882 |
|---|
| 1070 | | - | market, provided the investment securities held by such person and 883 |
|---|
| 1071 | | - | such person's spouse, parent or child, in the aggregate, do not exceed 884 |
|---|
| 1072 | | - | one-half of one per cent of the total number of shares issued by the 885 |
|---|
| 1073 | | - | corporation; 886 |
|---|
| 1074 | | - | [(25)] (26) "Food and beverage manufacturer" means a person that is 887 |
|---|
| 1075 | | - | licensed to own and operate a place of business that acquires cannabis 888 |
|---|
| 1076 | | - | and creates food and beverages; 889 |
|---|
| 1077 | | - | [(26)] (27) "Grow space" means the portion of a premises owned and 890 |
|---|
| 1078 | | - | controlled by a producer, cultivator or micro-cultivator that is utilized 891 |
|---|
| 1079 | | - | for the cultivation, growing or propagation of the cannabis plant, and 892 |
|---|
| 1080 | | - | contains cannabis plants in an active stage of growth, measured starting 893 Substitute Bill No. 6697 |
|---|
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| 1085 | | - | 30 of 96 |
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| 1086 | | - | |
|---|
| 1087 | | - | from the outermost wall of the room containing cannabis plants and 894 |
|---|
| 1088 | | - | continuing around the outside of the room. "Grow space" does not 895 |
|---|
| 1089 | | - | include space used to cure, process, store harvested cannabis or 896 |
|---|
| 1090 | | - | manufacture cannabis once the cannabis has been harvested; 897 |
|---|
| 1091 | | - | [(27)] (28) "Historical conviction count for drug-related offenses" 898 |
|---|
| 1092 | | - | means, for a given area, the number of convictions of residents of such 899 |
|---|
| 1093 | | - | area (A) for violations of sections 21a-267, as amended by this act, 21a-900 |
|---|
| 1094 | | - | 277, as amended by this act, 21a-278, as amended by this act, 21a-279 901 |
|---|
| 1095 | | - | and 21a-279a, and (B) who were arrested for such violations between 902 |
|---|
| 1096 | | - | January 1, 1982, and December 31, 2020, inclusive, where such arrest 903 |
|---|
| 1097 | | - | was recorded in databases maintained by the Department of Emergency 904 |
|---|
| 1098 | | - | Services and Public Protection; 905 |
|---|
| 1099 | | - | [(28)] (29) "Historical conviction rate for drug-related offenses" 906 |
|---|
| 1100 | | - | means, for a given area, the historical conviction count for drug-related 907 |
|---|
| 1101 | | - | offenses divided by the population of such area, as determined by the 908 |
|---|
| 1102 | | - | five-year estimates of the most recent American Community Survey 909 |
|---|
| 1103 | | - | conducted by the United States Census Bureau; 910 |
|---|
| 1104 | | - | [(29)] (30) "Hybrid retailer" means a person that is licensed to 911 |
|---|
| 1105 | | - | purchase cannabis and sell cannabis and medical marijuana products; 912 |
|---|
| 1106 | | - | [(30)] (31) "Key employee" means an employee with the following 913 |
|---|
| 1107 | | - | management position or an equivalent title within a cannabis 914 |
|---|
| 1108 | | - | establishment: (A) President or chief officer, who is the top ranking 915 |
|---|
| 1109 | | - | individual at the cannabis establishment and is responsible for all staff 916 |
|---|
| 1110 | | - | and overall direction of business operations; (B) financial manager, who 917 |
|---|
| 1111 | | - | is the individual who reports to the president or chief officer and who is 918 |
|---|
| 1112 | | - | [generally] responsible for oversight of the financial operations of the 919 |
|---|
| 1113 | | - | cannabis establishment, [including, but not limited to, revenue 920 |
|---|
| 1114 | | - | generation,] which financial operations include one or more of the 921 |
|---|
| 1115 | | - | following: (i) Revenue and expense management; (ii) distributions; [,] 922 |
|---|
| 1116 | | - | (iii) tax compliance; [and] (iv) budget development; and (v) budget 923 |
|---|
| 1117 | | - | management and implementation; or (C) compliance manager, who is 924 |
|---|
| 1118 | | - | the individual who reports to the president or chief officer and who is 925 Substitute Bill No. 6697 |
|---|
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| 1124 | | - | |
|---|
| 1125 | | - | generally responsible for ensuring the cannabis establishment complies 926 |
|---|
| 1126 | | - | with all laws, regulations and requirements related to the operation of 927 |
|---|
| 1127 | | - | the cannabis establishment; 928 |
|---|
| 1128 | | - | [(31) "Laboratory" means a laboratory located in the state that is 929 |
|---|
| 1129 | | - | licensed by the department to provide analysis of cannabis that meets 930 |
|---|
| 1130 | | - | the licensure requirements set forth in section 21a-246; 931 |
|---|
| 1131 | | - | (32) "Laboratory employee" means an individual who is registered as 932 |
|---|
| 1132 | | - | a laboratory employee pursuant to section 21a-408r;] 933 |
|---|
| 1133 | | - | [(33)] (32) "Labor peace agreement" means an agreement between a 934 |
|---|
| 1134 | | - | cannabis establishment and a bona fide labor organization under section 935 |
|---|
| 1135 | | - | 21a-421d pursuant to which the owners and management of the 936 |
|---|
| 1136 | | - | cannabis establishment agree not to lock out employees and that 937 |
|---|
| 1137 | | - | prohibits the bona fide labor organization from engaging in picketing, 938 |
|---|
| 1138 | | - | work stoppages or boycotts against the cannabis establishment; 939 |
|---|
| 1139 | | - | [(34)] (33) "Manufacture" means to add or incorporate cannabis into 940 |
|---|
| 1140 | | - | other products or ingredients or create a cannabis product; 941 |
|---|
| 1141 | | - | [(35)] (34) "Medical marijuana product" means cannabis that may be 942 |
|---|
| 1142 | | - | exclusively sold to qualifying patients and caregivers by dispensary 943 |
|---|
| 1143 | | - | facilities and hybrid retailers and which are designated by the 944 |
|---|
| 1144 | | - | commissioner as reserved for sale to qualifying patients and caregivers 945 |
|---|
| 1145 | | - | and published on the department's Internet web site; 946 |
|---|
| 1146 | | - | [(36)] (35) "Micro-cultivator" means a person licensed to engage in the 947 |
|---|
| 1147 | | - | cultivation, growing and propagation of the cannabis plant at an 948 |
|---|
| 1148 | | - | establishment containing not less than two thousand square feet and not 949 |
|---|
| 1149 | | - | more than ten thousand square feet of grow space, prior to any 950 |
|---|
| 1150 | | - | expansion authorized by the commissioner; 951 |
|---|
| 1151 | | - | [(37)] (36) "Municipality" means any town, city or borough, 952 |
|---|
| 1152 | | - | consolidated town and city or consolidated town and borough; 953 |
|---|
| 1153 | | - | [(38)] (37) "Paraphernalia" means drug paraphernalia, as defined in 954 Substitute Bill No. 6697 |
|---|
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|---|
| 1159 | | - | |
|---|
| 1160 | | - | section 21a-240, as amended by this act; 955 |
|---|
| 1161 | | - | [(39)] (38) "Person" means an individual, partnership, limited liability 956 |
|---|
| 1162 | | - | company, society, association, joint stock company, corporation, estate, 957 |
|---|
| 1163 | | - | receiver, trustee, assignee, referee or any other legal entity and any other 958 |
|---|
| 1164 | | - | person acting in a fiduciary or representative capacity, whether 959 |
|---|
| 1165 | | - | appointed by a court or otherwise, and any combination thereof; 960 |
|---|
| 1166 | | - | [(40)] (39) "Producer" means a person that is licensed as a producer 961 |
|---|
| 1167 | | - | pursuant to section 21a-408i and any regulations adopted thereunder; 962 |
|---|
| 1168 | | - | [(41)] (40) "Product manufacturer" means a person that is licensed to 963 |
|---|
| 1169 | | - | obtain cannabis, extract and manufacture products exclusive to such 964 |
|---|
| 1170 | | - | license type; 965 |
|---|
| 1171 | | - | [(42)] (41) "Product packager" means a person that is licensed to 966 |
|---|
| 1172 | | - | package and label cannabis; 967 |
|---|
| 1173 | | - | [(43)] (42) "Qualifying patient" has the same meaning as provided in 968 |
|---|
| 1174 | | - | section 21a-408, as amended by this act; 969 |
|---|
| 1175 | | - | [(44)] (43) "Research program" has the same meaning as provided in 970 |
|---|
| 1176 | | - | section 21a-408, as amended by this act; 971 |
|---|
| 1177 | | - | [(45)] (44) "Retailer" means a person, excluding a dispensary facility 972 |
|---|
| 1178 | | - | and hybrid retailer, that is licensed to purchase cannabis from 973 |
|---|
| 1179 | | - | producers, cultivators, micro-cultivators, product manufacturers and 974 |
|---|
| 1180 | | - | food and beverage manufacturers and to sell cannabis to consumers and 975 |
|---|
| 1181 | | - | research programs; 976 |
|---|
| 1182 | | - | [(46)] (45) "Sale" or "sell" has the same meaning as provided in section 977 |
|---|
| 1183 | | - | 21a-240, as amended by this act; 978 |
|---|
| 1184 | | - | [(47)] (46) "Social Equity Council" or "council" means the council 979 |
|---|
| 1185 | | - | established under section 21a-420d, as amended by this act; 980 |
|---|
| 1186 | | - | [(48)] (47) "Social equity applicant" means a person that has applied 981 |
|---|
| 1187 | | - | for a license for a cannabis establishment, where such applicant is at 982 Substitute Bill No. 6697 |
|---|
| 1188 | | - | |
|---|
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| 1192 | | - | 33 of 96 |
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| 1193 | | - | |
|---|
| 1194 | | - | least sixty-five per cent owned and controlled by an individual or 983 |
|---|
| 1195 | | - | individuals, or such applicant is an individual, who: 984 |
|---|
| 1196 | | - | (A) Had an average household income of less than three hundred per 985 |
|---|
| 1197 | | - | cent of the state median household income over the three tax years 986 |
|---|
| 1198 | | - | immediately preceding such individual's application; and 987 |
|---|
| 1199 | | - | (B) (i) Was a resident of a disproportionately impacted area for not 988 |
|---|
| 1200 | | - | less than five of the ten years immediately preceding the date of such 989 |
|---|
| 1201 | | - | application; or 990 |
|---|
| 1202 | | - | (ii) Was a resident of a disproportionately impacted area for not less 991 |
|---|
| 1203 | | - | than nine years prior to attaining the age of eighteen; 992 |
|---|
| 1204 | | - | [(49)] (48) "THC" has the same meaning as provided in section 21a-993 |
|---|
| 1205 | | - | 240, as amended by this act; 994 |
|---|
| 1206 | | - | [(50)] (49) "Third-party lottery operator" means a person, or a 995 |
|---|
| 1207 | | - | constituent unit of the state system of higher education, that conducts 996 |
|---|
| 1208 | | - | lotteries pursuant to section 21a-420g, as amended by this act, identifies 997 |
|---|
| 1209 | | - | the cannabis establishment license applications for consideration 998 |
|---|
| 1210 | | - | without performing any review of the applications that are identified 999 |
|---|
| 1211 | | - | for consideration, and that has no direct or indirect oversight of or 1000 |
|---|
| 1212 | | - | investment in a cannabis establishment or a cannabis establishment 1001 |
|---|
| 1213 | | - | applicant; 1002 |
|---|
| 1214 | | - | [(51)] (50) "Transfer" means to transfer, change, give or otherwise 1003 |
|---|
| 1215 | | - | dispose of control over or interest in; 1004 |
|---|
| 1216 | | - | [(52)] (51) "Transport" means to physically move from one place to 1005 |
|---|
| 1217 | | - | another; 1006 |
|---|
| 1218 | | - | [(53)] (52) "Transporter" means a person licensed to transport 1007 |
|---|
| 1219 | | - | cannabis between cannabis establishments, cannabis testing 1008 |
|---|
| 1220 | | - | laboratories and research programs; and 1009 |
|---|
| 1221 | | - | [(54)] (53) "Unemployment rate" means, in a given area, the number 1010 Substitute Bill No. 6697 |
|---|
| 1222 | | - | |
|---|
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| 1226 | | - | 34 of 96 |
|---|
| 1227 | | - | |
|---|
| 1228 | | - | of people sixteen years of age or older who are in the civilian labor force 1011 |
|---|
| 1229 | | - | and unemployed divided by the number of people sixteen years of age 1012 |
|---|
| 1230 | | - | or older who are in the civilian labor force. 1013 |
|---|
| 1231 | | - | Sec. 10. Section 21a-420e of the general statutes is repealed and the 1014 |
|---|
| 1232 | | - | following is substituted in lieu thereof (Effective from passage): 1015 |
|---|
| 1233 | | - | (a) Not later than thirty days after the date that the Social Equity 1016 |
|---|
| 1234 | | - | Council identifies the criteria and the necessary supporting 1017 |
|---|
| 1235 | | - | documentation for social equity applicants and posts such information 1018 |
|---|
| 1236 | | - | on its Internet web site, the department may accept applications for the 1019 |
|---|
| 1237 | | - | following cannabis establishment license types: (1) Retailer, (2) hybrid 1020 |
|---|
| 1238 | | - | retailer, (3) cultivator, (4) micro-cultivator, (5) product manufacturer, (6) 1021 |
|---|
| 1239 | | - | food and beverage manufacturer, (7) product packager, (8) delivery 1022 |
|---|
| 1240 | | - | service, [and] (9) transporter, (10) dispensary facility, and (11) producer. 1023 |
|---|
| 1241 | | - | Each application for licensure shall require the applicant to indicate 1024 |
|---|
| 1242 | | - | whether the applicant wants to be considered for treatment as a social 1025 |
|---|
| 1243 | | - | equity applicant. 1026 |
|---|
| 1244 | | - | (b) On and after July 1, 2021, the department may accept applications 1027 |
|---|
| 1245 | | - | from any dispensary facility to convert its license to a hybrid-retailer 1028 |
|---|
| 1246 | | - | license and any producer for expanded authorization to engage in the 1029 |
|---|
| 1247 | | - | adult use cannabis market under its license issued pursuant to section 1030 |
|---|
| 1248 | | - | 21a-408i. 1031 |
|---|
| 1249 | | - | (c) Except as provided in subsection [(e)] (d) of this section, the 1032 |
|---|
| 1250 | | - | following fees shall be paid by each applicant: 1033 |
|---|
| 1251 | | - | (1) For a retailer license, the fee to enter the lottery shall be five 1034 |
|---|
| 1252 | | - | hundred dollars, the fee to receive a provisional license shall be five 1035 |
|---|
| 1253 | | - | thousand dollars and the fee to receive a final license or a renewal of a 1036 |
|---|
| 1254 | | - | final license shall be twenty-five thousand dollars. 1037 |
|---|
| 1255 | | - | (2) For a hybrid retailer license, the fee to enter the lottery shall be five 1038 |
|---|
| 1256 | | - | hundred dollars, the fee to receive a provisional license shall be five 1039 |
|---|
| 1257 | | - | thousand dollars and the fee to receive a final license or a renewal of a 1040 |
|---|
| 1258 | | - | final license shall be twenty-five thousand dollars. 1041 Substitute Bill No. 6697 |
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| 1259 | | - | |
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| 1264 | | - | |
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| 1265 | | - | (3) For a cultivator license, the fee to enter the lottery shall be one 1042 |
|---|
| 1266 | | - | thousand dollars, the fee to receive a provisional license shall be twenty-1043 |
|---|
| 1267 | | - | five thousand dollars and the fee to receive a final license or a renewal 1044 |
|---|
| 1268 | | - | of a final license shall be seventy-five thousand dollars. 1045 |
|---|
| 1269 | | - | (4) For a micro-cultivator license, the fee to enter the lottery shall be 1046 |
|---|
| 1270 | | - | two hundred fifty dollars, the fee to receive a provisional license shall 1047 |
|---|
| 1271 | | - | be five hundred dollars and the fee to receive a final license or a renewal 1048 |
|---|
| 1272 | | - | of a final license shall be one thousand dollars. 1049 |
|---|
| 1273 | | - | (5) For a product manufacturer license, the fee to enter the lottery 1050 |
|---|
| 1274 | | - | shall be seven hundred fifty dollars, the fee to receive a provisional 1051 |
|---|
| 1275 | | - | license shall be five thousand dollars and the fee to receive a final license 1052 |
|---|
| 1276 | | - | or a renewal of a final license shall be twenty-five thousand dollars. 1053 |
|---|
| 1277 | | - | (6) For a food and beverage manufacturer license, the fee to enter the 1054 |
|---|
| 1278 | | - | lottery shall be two hundred fifty dollars, the fee to receive a provisional 1055 |
|---|
| 1279 | | - | license shall be one thousand dollars and the fee to receive a final license 1056 |
|---|
| 1280 | | - | or a renewal of a final license shall be five thousand dollars. 1057 |
|---|
| 1281 | | - | (7) For a product packager license, the fee to enter the lottery shall be 1058 |
|---|
| 1282 | | - | five hundred dollars, the fee to receive a provisional license shall be five 1059 |
|---|
| 1283 | | - | thousand dollars and the fee to receive a final license or a renewal of a 1060 |
|---|
| 1284 | | - | final license shall be twenty-five thousand dollars. 1061 |
|---|
| 1285 | | - | (8) For a delivery service or transporter license, the fee to enter the 1062 |
|---|
| 1286 | | - | lottery shall be two hundred fifty dollars, the fee to receive a provisional 1063 |
|---|
| 1287 | | - | license shall be one thousand dollars and the fee to receive a final license 1064 |
|---|
| 1288 | | - | or a renewal of a final license shall be five thousand dollars. 1065 |
|---|
| 1289 | | - | (9) For an initial or renewal of a backer license, the fee shall be one 1066 |
|---|
| 1290 | | - | hundred dollars. 1067 |
|---|
| 1291 | | - | (10) For an initial or renewal of a key employee license, the fee shall 1068 |
|---|
| 1292 | | - | be one hundred dollars. 1069 |
|---|
| 1293 | | - | (11) For an initial or renewal of a registration of an employee who is 1070 Substitute Bill No. 6697 |
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| 1299 | | - | |
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| 1300 | | - | not a key employee, the fee shall be fifty dollars. 1071 |
|---|
| 1301 | | - | (12) The license conversion fee for a dispensary facility to become a 1072 |
|---|
| 1302 | | - | hybrid retailer shall be one million dollars, except as provided in section 1073 |
|---|
| 1303 | | - | 21a-420u, as amended by this act. 1074 |
|---|
| 1304 | | - | (13) The license conversion fee for a producer to engage in the adult 1075 |
|---|
| 1305 | | - | use cannabis market shall be three million dollars, except as provided in 1076 |
|---|
| 1306 | | - | section 21a-420l. 1077 |
|---|
| 1307 | | - | (d) For any dispensary facility that has become a hybrid retailer, the 1078 |
|---|
| 1308 | | - | renewal fee shall be the same as the fee for a hybrid retailer set forth in 1079 |
|---|
| 1309 | | - | subdivision (2) of subsection (c) of this section. For any producer, the 1080 |
|---|
| 1310 | | - | renewal fee shall be the same as set forth in section 21a-408i. A social 1081 |
|---|
| 1311 | | - | equity applicant shall pay fifty per cent of the amount of any of the fees 1082 |
|---|
| 1312 | | - | specified in subsection (c) of this section for the first three renewal cycles 1083 |
|---|
| 1313 | | - | of the applicable cannabis establishment license applied for, and the full 1084 |
|---|
| 1314 | | - | amount thereafter, provided in the case of the fees set forth in 1085 |
|---|
| 1315 | | - | subdivisions (12) and (13) of subsection (c) of this section, a social equity 1086 |
|---|
| 1316 | | - | applicant shall pay the full amount of the fee. 1087 |
|---|
| 1317 | | - | (e) For the fiscal year ending June 30, 2023, and thereafter, fees 1088 |
|---|
| 1318 | | - | collected by the department under this section shall be paid to the State 1089 |
|---|
| 1319 | | - | Treasurer and credited to the General Fund, except that the fees 1090 |
|---|
| 1320 | | - | collected under subdivisions (12) and (13) of subsection (c) of this 1091 |
|---|
| 1321 | | - | section shall be deposited in the Social Equity and Innovation Fund 1092 |
|---|
| 1322 | | - | established under section 21a-420f. 1093 |
|---|
| 1323 | | - | (f) For each license type: 1094 |
|---|
| 1324 | | - | (1) Applicants shall apply on a form and in a manner prescribed by 1095 |
|---|
| 1325 | | - | the commissioner, which form shall include a method for the applicant 1096 |
|---|
| 1326 | | - | to request consideration as a social equity applicant; and 1097 |
|---|
| 1327 | | - | (2) The department shall post on its Internet web site the application 1098 |
|---|
| 1328 | | - | period, which shall specify the first and last date that the department 1099 |
|---|
| 1329 | | - | will accept applications for that license type. The first date that the 1100 Substitute Bill No. 6697 |
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| 1335 | | - | |
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| 1336 | | - | department shall accept applications shall be no sooner than thirty days 1101 |
|---|
| 1337 | | - | after the date the Social Equity Council posts the criteria and supporting 1102 |
|---|
| 1338 | | - | documentation necessary to qualify for consideration as a social equity 1103 |
|---|
| 1339 | | - | applicant as set forth in section 21a-420g, as amended by this act. Only 1104 |
|---|
| 1340 | | - | complete license applications received by the department during the 1105 |
|---|
| 1341 | | - | application period shall be considered. 1106 |
|---|
| 1342 | | - | (g) (1) No current or former state officer or employee, or employee of 1107 |
|---|
| 1343 | | - | any other person who at any time had access to an application submitted 1108 |
|---|
| 1344 | | - | to the department pursuant to this section, may disclose such 1109 |
|---|
| 1345 | | - | application, or any information included in or submitted with such 1110 |
|---|
| 1346 | | - | application, unless such disclosure is authorized under this subsection. 1111 |
|---|
| 1347 | | - | (2) The commissioner may disclose the following information 1112 |
|---|
| 1348 | | - | concerning an application submitted to the department pursuant to this 1113 |
|---|
| 1349 | | - | section: 1114 |
|---|
| 1350 | | - | (A) The applicant's name; 1115 |
|---|
| 1351 | | - | (B) The license type for which such application was submitted; 1116 |
|---|
| 1352 | | - | (C) The applicant's social equity designation, if any; 1117 |
|---|
| 1353 | | - | (D) The applicant's address; 1118 |
|---|
| 1354 | | - | (E) The name, electronic mail address and telephone number of the 1119 |
|---|
| 1355 | | - | applicant's owner; 1120 |
|---|
| 1356 | | - | (F) The ownership interest that an owner of a social equity applicant 1121 |
|---|
| 1357 | | - | holds in such applicant, expressed as a percentage of all ownership 1122 |
|---|
| 1358 | | - | interests in such applicant; 1123 |
|---|
| 1359 | | - | (G) The name and address of the person who serves as the applicant's 1124 |
|---|
| 1360 | | - | primary business contact; 1125 |
|---|
| 1361 | | - | (H) The application number assigned to such application; 1126 |
|---|
| 1362 | | - | (I) The date such application was submitted to the department; 1127 Substitute Bill No. 6697 |
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| 1363 | | - | |
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| 1368 | | - | |
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| 1369 | | - | (J) Information concerning the applicant's formation, including, but 1128 |
|---|
| 1370 | | - | not limited to, the applicant's business entity type, formation date and 1129 |
|---|
| 1371 | | - | place, and business registration number as such number appears on the 1130 |
|---|
| 1372 | | - | electronic business portal established by the Commercial Recording 1131 |
|---|
| 1373 | | - | Division of the office of the Secretary of the State pursuant to section 3-1132 |
|---|
| 1374 | | - | 99d; and 1133 |
|---|
| 1375 | | - | (K) The name of all cannabis businesses associated with the applicant 1134 |
|---|
| 1376 | | - | and listed on such application. 1135 |
|---|
| 1377 | | - | (3) (A) In addition to the information described in subdivision (2) of 1136 |
|---|
| 1378 | | - | this subsection, the commissioner may, in the commissioner's sole 1137 |
|---|
| 1379 | | - | discretion, disclose any personal information or financial document 1138 |
|---|
| 1380 | | - | associated with an application submitted to the department pursuant to 1139 |
|---|
| 1381 | | - | this section to: 1140 |
|---|
| 1382 | | - | (i) A federal, state or local government agency acting in the course of 1141 |
|---|
| 1383 | | - | such agency's governmental functions, or a person acting on behalf of 1142 |
|---|
| 1384 | | - | such agency in performing such functions; 1143 |
|---|
| 1385 | | - | (ii) A college or university conducting research or assisting the state 1144 |
|---|
| 1386 | | - | in reviewing such applications, provided such college or university 1145 |
|---|
| 1387 | | - | agrees to not disclose any personally identifying information or 1146 |
|---|
| 1388 | | - | confidential business information and to deidentify any personal or 1147 |
|---|
| 1389 | | - | financial information such college or university receives from the 1148 |
|---|
| 1390 | | - | department before releasing any report, study, survey or similar 1149 |
|---|
| 1391 | | - | document concerning such information; 1150 |
|---|
| 1392 | | - | (iii) An officer of the court in connection with an administrative, 1151 |
|---|
| 1393 | | - | arbitral, civil or criminal proceeding in a court of competent jurisdiction 1152 |
|---|
| 1394 | | - | or before a government agency or self-regulatory body, including, but 1153 |
|---|
| 1395 | | - | not limited to, the service of process, an investigation performed in 1154 |
|---|
| 1396 | | - | anticipation of litigation, an order issued by such court or the execution 1155 |
|---|
| 1397 | | - | or enforcement of a judgment or order issued by such court, provided 1156 |
|---|
| 1398 | | - | the person to whom the commissioner discloses such information or 1157 |
|---|
| 1399 | | - | document is a party in interest to such proceeding; 1158 Substitute Bill No. 6697 |
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| 1405 | | - | |
|---|
| 1406 | | - | (iv) A state marshal in the course of performing such marshal's duties 1159 |
|---|
| 1407 | | - | under section 6-38a; or 1160 |
|---|
| 1408 | | - | (v) The applicant or the applicant's owner to confirm that any such 1161 |
|---|
| 1409 | | - | information or document such applicant or owner submitted to the 1162 |
|---|
| 1410 | | - | department in connection with such application is accurate. 1163 |
|---|
| 1411 | | - | (B) Any personal information or financial document the 1164 |
|---|
| 1412 | | - | commissioner discloses pursuant to subparagraph (A) of this 1165 |
|---|
| 1413 | | - | subdivision shall remain confidential, and no person described in 1166 |
|---|
| 1414 | | - | subparagraphs (A)(i) to (A)(iv), inclusive, of this subdivision shall 1167 |
|---|
| 1415 | | - | further disseminate such information or document in a manner that 1168 |
|---|
| 1416 | | - | would enable another person to identify any person referenced in, and 1169 |
|---|
| 1417 | | - | related to, such information or document unless such disclosure is 1170 |
|---|
| 1418 | | - | required under other applicable law. 1171 |
|---|
| 1419 | | - | Sec. 11. Subsections (a) to (i), inclusive, of section 21a-420g of the 1172 |
|---|
| 1420 | | - | general statutes are repealed and the following is substituted in lieu 1173 |
|---|
| 1421 | | - | thereof (Effective from passage): 1174 |
|---|
| 1422 | | - | (a) The Social Equity Council shall review the ownership information 1175 |
|---|
| 1423 | | - | and any other information necessary to confirm that an applicant 1176 |
|---|
| 1424 | | - | qualifies as a social equity applicant for all cannabis establishment 1177 |
|---|
| 1425 | | - | license type applications submitted to the department and designated 1178 |
|---|
| 1426 | | - | by the applicant as a social equity applicant. The Social Equity Council 1179 |
|---|
| 1427 | | - | shall prescribe the documentation necessary for applicants to submit to 1180 |
|---|
| 1428 | | - | establish that the ownership, residency and income requirements for 1181 |
|---|
| 1429 | | - | social equity applicants are met. On or before September 1, 2021, the 1182 |
|---|
| 1430 | | - | Social Equity Council shall post such necessary documentation 1183 |
|---|
| 1431 | | - | requirements on its Internet web site to inform applicants of such 1184 |
|---|
| 1432 | | - | requirements prior to the start of the application period. 1185 |
|---|
| 1433 | | - | (b) Except as provided in section 21a-420o, prior to the first date that 1186 |
|---|
| 1434 | | - | the department begins accepting applications for a license type, the 1187 |
|---|
| 1435 | | - | department shall determine the maximum number of applications that 1188 |
|---|
| 1436 | | - | shall be considered for such license type and post such information on 1189 Substitute Bill No. 6697 |
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| 1442 | | - | |
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| 1443 | | - | its Internet web site. Fifty per cent of the maximum number of 1190 |
|---|
| 1444 | | - | applications that shall be considered for each license type (1) shall be 1191 |
|---|
| 1445 | | - | selected through a social equity lottery for such license type, and (2) 1192 |
|---|
| 1446 | | - | shall be reserved by the department for social equity applicants. If, upon 1193 |
|---|
| 1447 | | - | the close of the application period for a license type, the department 1194 |
|---|
| 1448 | | - | receives more applications than the maximum number to be considered 1195 |
|---|
| 1449 | | - | in total or to be reserved for social equity applicants as set forth in this 1196 |
|---|
| 1450 | | - | subsection, [(b) of this section,] a third-party lottery operator shall 1197 |
|---|
| 1451 | | - | conduct a lottery to identify applications for review by the department 1198 |
|---|
| 1452 | | - | and the Social Equity Council. 1199 |
|---|
| 1453 | | - | (c) (1) The third-party lottery operator shall: 1200 |
|---|
| 1454 | | - | (A) Not be provided any application received after the close of the 1201 |
|---|
| 1455 | | - | application period; 1202 |
|---|
| 1456 | | - | (B) Give equal weight to every complete application submitted 1203 |
|---|
| 1457 | | - | during the application period; and 1204 |
|---|
| 1458 | | - | (C) Conduct multiple, separate geographic lotteries if required by the 1205 |
|---|
| 1459 | | - | department. 1206 |
|---|
| 1460 | | - | (2) For purposes of the lottery, the third-party lottery operator shall: 1207 |
|---|
| 1461 | | - | (A) Conduct an independent social equity lottery and general lottery 1208 |
|---|
| 1462 | | - | for each license type [and a separate lottery for social equity applicants 1209 |
|---|
| 1463 | | - | of each license type] that results in each application being randomly 1210 |
|---|
| 1464 | | - | ranked starting with one and continuing sequentially; and 1211 |
|---|
| 1465 | | - | (B) Rank all applications in each lottery numerically according to the 1212 |
|---|
| 1466 | | - | order in which they were drawn, including those that exceed the 1213 |
|---|
| 1467 | | - | number to be considered, and identify for the department all 1214 |
|---|
| 1468 | | - | applications to be considered. [, which shall consist of the applications 1215 |
|---|
| 1469 | | - | ranked numerically one to the maximum number set forth in accordance 1216 |
|---|
| 1470 | | - | with subsection (b) of this section.] 1217 |
|---|
| 1471 | | - | (d) (1) Upon receipt of an application for social equity consideration 1218 Substitute Bill No. 6697 |
|---|
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| 1477 | | - | |
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| 1478 | | - | or, in the case where a social equity lottery is conducted, after such 1219 |
|---|
| 1479 | | - | lottery applicants are selected, the department shall provide to the 1220 |
|---|
| 1480 | | - | Social Equity Council the documentation received by the department 1221 |
|---|
| 1481 | | - | during the application process that is required under subsection (a) of 1222 |
|---|
| 1482 | | - | this section. No identifying information beyond what is necessary to 1223 |
|---|
| 1483 | | - | establish social equity status shall be provided to the Social Equity 1224 |
|---|
| 1484 | | - | Council. The Social Equity Council shall review the social equity 1225 |
|---|
| 1485 | | - | applications to be considered as identified by the third-party lottery 1226 |
|---|
| 1486 | | - | operator to determine whether the applicant meets the criteria for a 1227 |
|---|
| 1487 | | - | social equity applicant. If the Social Equity Council determines that an 1228 |
|---|
| 1488 | | - | applicant does not qualify as a social equity applicant, the application 1229 |
|---|
| 1489 | | - | shall not be reviewed further for purposes of receiving a license 1230 |
|---|
| 1490 | | - | designated for social equity applicants. The application shall be entered 1231 |
|---|
| 1491 | | - | into the [other] general lottery for the applicable license type and may 1232 |
|---|
| 1492 | | - | be reviewed further if selected through such lottery, provided the 1233 |
|---|
| 1493 | | - | applicant pays the additional amount necessary to pay the full fee for 1234 |
|---|
| 1494 | | - | entry into such lottery within five business days of being notified by the 1235 |
|---|
| 1495 | | - | Social Equity Council that [it] such applicant does not qualify as a social 1236 |
|---|
| 1496 | | - | equity applicant. Not later than thirty days after the Social Equity 1237 |
|---|
| 1497 | | - | Council notifies an applicant [is notified of a denial of a license 1238 |
|---|
| 1498 | | - | application under this subsection] of the Social Equity Council's 1239 |
|---|
| 1499 | | - | determination that the applicant does not meet the criteria for a social 1240 |
|---|
| 1500 | | - | equity applicant, the applicant may appeal [such denial] from such 1241 |
|---|
| 1501 | | - | determination to the Superior Court in accordance with section 4-183. 1242 |
|---|
| 1502 | | - | (2) Upon determination by the Social Equity Council that an 1243 |
|---|
| 1503 | | - | application selected through the lottery process does not qualify for 1244 |
|---|
| 1504 | | - | consideration as a social equity applicant, the department shall request 1245 |
|---|
| 1505 | | - | that the third-party lottery operator identify the next-ranked application 1246 |
|---|
| 1506 | | - | in the [applicable] social equity lottery. This process may continue until 1247 |
|---|
| 1507 | | - | the Social Equity Council has identified for further consideration the 1248 |
|---|
| 1508 | | - | number of applications set forth on the department's web site pursuant 1249 |
|---|
| 1509 | | - | to subsection (b) of this section or [the lottery indicates that] until there 1250 |
|---|
| 1510 | | - | are no [further] remaining social equity applications to be considered. 1251 Substitute Bill No. 6697 |
|---|
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| 1516 | | - | |
|---|
| 1517 | | - | (3) For each license type, the Social Equity Council shall identify for 1252 |
|---|
| 1518 | | - | the department the social equity applications that qualify as social 1253 |
|---|
| 1519 | | - | equity applicants and that should be reviewed by the department for 1254 |
|---|
| 1520 | | - | purposes of awarding a provisional license. 1255 |
|---|
| 1521 | | - | (4) Any application [subject to] entered into, but not selected through, 1256 |
|---|
| 1522 | | - | the social equity lottery [process] shall not be reviewed as a social equity 1257 |
|---|
| 1523 | | - | application, but shall be entered into the general lottery for the 1258 |
|---|
| 1524 | | - | [remaining applications for the] applicable license type. 1259 |
|---|
| 1525 | | - | (5) After receiving the list of selected social equity applications [from] 1260 |
|---|
| 1526 | | - | reviewed and approved by the Social Equity Council, the department 1261 |
|---|
| 1527 | | - | shall notify the third-party lottery operator, which shall then conduct 1262 |
|---|
| 1528 | | - | [an] the independent general lottery for all remaining applicants for 1263 |
|---|
| 1529 | | - | each license type, rank all general lottery applications numerically 1264 |
|---|
| 1530 | | - | including those that exceed the number to be considered, and identify 1265 |
|---|
| 1531 | | - | for the department all of the selected applications to be reviewed. The 1266 |
|---|
| 1532 | | - | number of applications to be reviewed by the department shall consist 1267 |
|---|
| 1533 | | - | of the applications ranked numerically one through the maximum 1268 |
|---|
| 1534 | | - | number [set forth in accordance with subsection (b) of this section, 1269 |
|---|
| 1535 | | - | provided that if fewer social equity applicants are identified pursuant 1270 |
|---|
| 1536 | | - | to subdivision (3) of this subsection, the maximum number shall be the 1271 |
|---|
| 1537 | | - | number] necessary to ensure that fifty per cent of the applications for 1272 |
|---|
| 1538 | | - | each license type identified through the lottery process are [social equity 1273 |
|---|
| 1539 | | - | applicants] selected from the social equity lottery and approved by the 1274 |
|---|
| 1540 | | - | Social Equity Council. 1275 |
|---|
| 1541 | | - | (6) The numerical rankings created by the third-party lottery operator 1276 |
|---|
| 1542 | | - | shall be confidential and shall not be subject to disclosure under the 1277 |
|---|
| 1543 | | - | Freedom of Information Act, as defined in section 1-200. 1278 |
|---|
| 1544 | | - | (e) The department shall review each application to be considered, as 1279 |
|---|
| 1545 | | - | identified by the third-party lottery operator or Social Equity Council, 1280 |
|---|
| 1546 | | - | as applicable, to confirm [it] such application is complete and to 1281 |
|---|
| 1547 | | - | determine whether any application: (1) Includes a backer with a 1282 |
|---|
| 1548 | | - | disqualifying conviction; (2) [includes a backer that would result in 1283 Substitute Bill No. 6697 |
|---|
| 1549 | | - | |
|---|
| 1550 | | - | |
|---|
| 1551 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
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|---|
| 1553 | | - | 43 of 96 |
|---|
| 1554 | | - | |
|---|
| 1555 | | - | common ownership in violation of] exceeds the cap set forth in section 1284 |
|---|
| 1556 | | - | 21a-420i; or (3) has a backer who individually or in connection with a 1285 |
|---|
| 1557 | | - | cannabis business in another state or country has an administrative 1286 |
|---|
| 1558 | | - | finding or judicial decision that may substantively compromise the 1287 |
|---|
| 1559 | | - | integrity of the cannabis program, as determined by the department, or 1288 |
|---|
| 1560 | | - | that precludes its participation in this state's cannabis program. For the 1289 |
|---|
| 1561 | | - | purposes of this subsection, an application shall be deemed complete if 1290 |
|---|
| 1562 | | - | each backer of the applicant completes such backer's background check 1291 |
|---|
| 1563 | | - | submission not later than thirty days after the department sends notice 1292 |
|---|
| 1564 | | - | disclosing that the department has selected such applicant for review. 1293 |
|---|
| 1565 | | - | (f) No additional backers may be added to a cannabis establishment 1294 |
|---|
| 1566 | | - | application between the time of lottery entry, or any initial application 1295 |
|---|
| 1567 | | - | for a license, and when a final license is awarded to the cannabis 1296 |
|---|
| 1568 | | - | establishment, except, if a backer of an applicant or provisional licensee 1297 |
|---|
| 1569 | | - | dies, the applicant or provisional licensee may apply to the 1298 |
|---|
| 1570 | | - | commissioner to replace the deceased backer, provided if such applicant 1299 |
|---|
| 1571 | | - | is a social equity applicant, the Social Equity Council shall review 1300 |
|---|
| 1572 | | - | ownership to ensure such replacement would not cause the applicant to 1301 |
|---|
| 1573 | | - | no longer qualify as a social equity applicant. A backer may be removed 1302 |
|---|
| 1574 | | - | from a cannabis establishment application selected through the general 1303 |
|---|
| 1575 | | - | lottery at any time upon notice to the department. 1304 |
|---|
| 1576 | | - | (g) If an applicant [or a single backer of an applicant] is disqualified 1305 |
|---|
| 1577 | | - | on the basis of any of the criteria set forth in subsection (e) of this section, 1306 |
|---|
| 1578 | | - | the entire application shall be denied, and such denial shall be a final 1307 |
|---|
| 1579 | | - | decision of the department [, provided backers of the applicant entity 1308 |
|---|
| 1580 | | - | named in the lottery application submission may be removed prior to 1309 |
|---|
| 1581 | | - | submission of a final license application unless such removal would 1310 |
|---|
| 1582 | | - | result in a social equity applicant no longer qualifying as a social equity 1311 |
|---|
| 1583 | | - | applicant. If] unless the applicant removes [any backer] from such 1312 |
|---|
| 1584 | | - | application all backers that would cause [the applicant to be denied 1313 |
|---|
| 1585 | | - | based on subsection (e) of this section, then the applicant entity shall not 1314 |
|---|
| 1586 | | - | be denied due to such backer's prior involvement if such backer is 1315 |
|---|
| 1587 | | - | removed within thirty days of notice by the department of the 1316 Substitute Bill No. 6697 |
|---|
| 1588 | | - | |
|---|
| 1589 | | - | |
|---|
| 1590 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
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|---|
| 1592 | | - | 44 of 96 |
|---|
| 1593 | | - | |
|---|
| 1594 | | - | disqualification of a backer] such denial not later than thirty days after 1317 |
|---|
| 1595 | | - | the department sends notice to the applicant disclosing such denial. Any 1318 |
|---|
| 1596 | | - | change to a social equity applicant shall be reviewed and approved by 1319 |
|---|
| 1597 | | - | the Social Equity Council before such change is reviewed by the 1320 |
|---|
| 1598 | | - | department. Not later than thirty days after [service of] the department 1321 |
|---|
| 1599 | | - | sends notice [upon] to the applicant [of a] disclosing such denial, the 1322 |
|---|
| 1600 | | - | applicant may appeal such denial to the Superior Court. [in accordance 1323 |
|---|
| 1601 | | - | with section 4-183.] 1324 |
|---|
| 1602 | | - | (h) For each application denied pursuant to subsection (e) of this 1325 |
|---|
| 1603 | | - | section, the department may, within its discretion, request that the third-1326 |
|---|
| 1604 | | - | party lottery operator identify the next-ranked application in the 1327 |
|---|
| 1605 | | - | applicable lottery. If the applicant that was denied was a social equity 1328 |
|---|
| 1606 | | - | applicant, the next ranked social equity applicant shall first be reviewed 1329 |
|---|
| 1607 | | - | by the Social Equity Council to confirm that the applicant qualifies as a 1330 |
|---|
| 1608 | | - | social equity applicant prior to being further reviewed by the 1331 |
|---|
| 1609 | | - | department. This process may continue until the department has 1332 |
|---|
| 1610 | | - | identified for further consideration the number of applications 1333 |
|---|
| 1611 | | - | equivalent to the maximum number set forth on its Internet web site 1334 |
|---|
| 1612 | | - | pursuant to subsection (b) of this section. If the number of applications 1335 |
|---|
| 1613 | | - | remaining is less than the maximum number posted on the 1336 |
|---|
| 1614 | | - | department's Internet web site, the department shall award fewer 1337 |
|---|
| 1615 | | - | licenses. To the extent the denials result in less than fifty per cent of 1338 |
|---|
| 1616 | | - | applicants being social equity applicants, the department shall continue 1339 |
|---|
| 1617 | | - | to review and issue provisional and final licenses for the remaining 1340 |
|---|
| 1618 | | - | applications, but shall reopen the application period only for social 1341 |
|---|
| 1619 | | - | equity applicants. 1342 |
|---|
| 1620 | | - | (i) All applicants selected in the lottery and not denied shall be 1343 |
|---|
| 1621 | | - | provided a provisional license application, which shall be submitted in 1344 |
|---|
| 1622 | | - | a form and manner prescribed by the commissioner. [Applicants] 1345 |
|---|
| 1623 | | - | Lottery applicants shall have sixty days from the date they receive their 1346 |
|---|
| 1624 | | - | provisional application to complete the application. The right to apply 1347 |
|---|
| 1625 | | - | for a provisional license is nontransferable. Upon receiving a 1348 |
|---|
| 1626 | | - | provisional application from an applicant, the department shall review 1349 Substitute Bill No. 6697 |
|---|
| 1627 | | - | |
|---|
| 1628 | | - | |
|---|
| 1629 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
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|---|
| 1631 | | - | 45 of 96 |
|---|
| 1632 | | - | |
|---|
| 1633 | | - | the application for completeness and to confirm that all information 1350 |
|---|
| 1634 | | - | provided is acceptable and in compliance with this section and any 1351 |
|---|
| 1635 | | - | regulations adopted under this section. If a provisional application does 1352 |
|---|
| 1636 | | - | not meet the standards set forth in this section, the applicant shall not 1353 |
|---|
| 1637 | | - | be provided a provisional license. A provisional license issued to a 1354 |
|---|
| 1638 | | - | lottery applicant shall expire after fourteen months and shall not be 1355 |
|---|
| 1639 | | - | renewed. Upon granting a provisional license, the department shall 1356 |
|---|
| 1640 | | - | notify the applicant of the project labor agreement requirements of 1357 |
|---|
| 1641 | | - | section 21a-421e. A provisional licensee may apply for a final license of 1358 |
|---|
| 1642 | | - | the license type for which the licensee applied during the initial 1359 |
|---|
| 1643 | | - | application period. A provisional license shall be nontransferable. If the 1360 |
|---|
| 1644 | | - | provisional application does not meet the standards set forth in this 1361 |
|---|
| 1645 | | - | section or is not completed within sixty days, the applicant shall not 1362 |
|---|
| 1646 | | - | receive a provisional license. The decision of the department not to 1363 |
|---|
| 1647 | | - | award a provisional license shall be final and may be appealed in 1364 |
|---|
| 1648 | | - | accordance with section 4-183. Nothing in this section shall prevent a 1365 |
|---|
| 1649 | | - | provisional applicant from submitting an application for a future 1366 |
|---|
| 1650 | | - | lottery. 1367 |
|---|
| 1651 | | - | Sec. 12. Subsection (e) of section 21a-420j of the general statutes is 1368 |
|---|
| 1652 | | - | repealed and the following is substituted in lieu thereof (Effective from 1369 |
|---|
| 1653 | | - | passage): 1370 |
|---|
| 1654 | | - | (e) Equity joint ventures that are retailers or hybrid retailers that share 1371 |
|---|
| 1655 | | - | a common cultivator or cultivator backer shall not be located within 1372 |
|---|
| 1656 | | - | twenty miles of [another commonly owned equity joint venture] each 1373 |
|---|
| 1657 | | - | other. 1374 |
|---|
| 1658 | | - | Sec. 13. Subsection (f) of section 21a-420m of the general statutes is 1375 |
|---|
| 1659 | | - | repealed and the following is substituted in lieu thereof (Effective from 1376 |
|---|
| 1660 | | - | passage): 1377 |
|---|
| 1661 | | - | (f) Equity joint ventures that are retailers or hybrid retailers that share 1378 |
|---|
| 1662 | | - | a common producer or producer backer [and that are retailers or hybrid 1379 |
|---|
| 1663 | | - | retailers] shall not be located within twenty miles of [another commonly 1380 |
|---|
| 1664 | | - | owned equity joint venture] each other. 1381 Substitute Bill No. 6697 |
|---|
| 1665 | | - | |
|---|
| 1666 | | - | |
|---|
| 1667 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
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|---|
| 1669 | | - | 46 of 96 |
|---|
| 1670 | | - | |
|---|
| 1671 | | - | Sec. 14. Subsection (b) of section 21a-420m of the general statutes is 1382 |
|---|
| 1672 | | - | repealed and the following is substituted in lieu thereof (Effective October 1383 |
|---|
| 1673 | | - | 1, 2023): 1384 |
|---|
| 1674 | | - | (b) The equity joint venture shall be in any cannabis establishment 1385 |
|---|
| 1675 | | - | licensed business, other than a cultivator license, provided such equity 1386 |
|---|
| 1676 | | - | joint venture is at least fifty per cent owned and controlled by an 1387 |
|---|
| 1677 | | - | individual or individuals who meet, or the equity joint venture 1388 |
|---|
| 1678 | | - | applicant is an individual who meets, the criteria established in 1389 |
|---|
| 1679 | | - | subparagraphs (A) and (B) of subdivision [(48)] (47) of section 21a-420, 1390 |
|---|
| 1680 | | - | as amended by this act. 1391 |
|---|
| 1681 | | - | Sec. 15. Subsection (d) of section 21a-420n of the general statutes is 1392 |
|---|
| 1682 | | - | repealed and the following is substituted in lieu thereof (Effective October 1393 |
|---|
| 1683 | | - | 1, 2023): 1394 |
|---|
| 1684 | | - | (d) A cultivator may sell, transfer or transport its cannabis to a 1395 |
|---|
| 1685 | | - | dispensary facility, hybrid retailer, retailer, food and beverage 1396 |
|---|
| 1686 | | - | manufacturer, product manufacturer, research program, cannabis 1397 |
|---|
| 1687 | | - | testing laboratory or product packager utilizing its own employees or a 1398 |
|---|
| 1688 | | - | transporter. A cultivator shall not sell, transfer or deliver to consumers, 1399 |
|---|
| 1689 | | - | qualifying patients or caregivers, directly or through a delivery service. 1400 |
|---|
| 1690 | | - | Sec. 16. Subsection (e) of section 21a-420p of the general statutes is 1401 |
|---|
| 1691 | | - | repealed and the following is substituted in lieu thereof (Effective October 1402 |
|---|
| 1692 | | - | 1, 2023): 1403 |
|---|
| 1693 | | - | (e) A micro-cultivator may sell, transfer or transport its cannabis to a 1404 |
|---|
| 1694 | | - | dispensary facility, hybrid retailer, retailer, delivery service, food and 1405 |
|---|
| 1695 | | - | beverage manufacturer, product manufacturer, research program, 1406 |
|---|
| 1696 | | - | cannabis testing laboratory or product packager, provided the cannabis 1407 |
|---|
| 1697 | | - | is cultivated, grown and propagated at the micro-cultivator's licensed 1408 |
|---|
| 1698 | | - | establishment and transported utilizing the micro-cultivator's own 1409 |
|---|
| 1699 | | - | employees or a transporter. A micro-cultivator shall not gift or transfer 1410 |
|---|
| 1700 | | - | cannabis or cannabis products at no cost to a consumer as part of a 1411 |
|---|
| 1701 | | - | commercial transaction. 1412 Substitute Bill No. 6697 |
|---|
| 1702 | | - | |
|---|
| 1703 | | - | |
|---|
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| 1706 | | - | 47 of 96 |
|---|
| 1707 | | - | |
|---|
| 1708 | | - | Sec. 17. Subsection (b) of section 21a-420r of the general statutes is 1413 |
|---|
| 1709 | | - | repealed and the following is substituted in lieu thereof (Effective October 1414 |
|---|
| 1710 | | - | 1, 2023): 1415 |
|---|
| 1711 | | - | (b) A retailer may obtain cannabis from a cultivator, micro-cultivator, 1416 |
|---|
| 1712 | | - | producer, product packager, food and beverage manufacturer, product 1417 |
|---|
| 1713 | | - | manufacturer or transporter or an undeliverable return from a delivery 1418 |
|---|
| 1714 | | - | service. A retailer may sell, transport or transfer cannabis or cannabis 1419 |
|---|
| 1715 | | - | products to a delivery service, cannabis testing laboratory or research 1420 |
|---|
| 1716 | | - | program. A retailer may sell cannabis to a consumer or research 1421 |
|---|
| 1717 | | - | program. A retailer may not conduct sales of medical marijuana 1422 |
|---|
| 1718 | | - | products nor offer discounts or other inducements to qualifying patients 1423 |
|---|
| 1719 | | - | or caregivers. A retailer shall not gift or transfer cannabis at no cost to a 1424 |
|---|
| 1720 | | - | consumer as part of a commercial transaction. 1425 |
|---|
| 1721 | | - | Sec. 18. Subsection (f) of section 21a-420u of the general statutes is 1426 |
|---|
| 1722 | | - | repealed and the following is substituted in lieu thereof (Effective from 1427 |
|---|
| 1723 | | - | passage): 1428 |
|---|
| 1724 | | - | (f) Equity joint ventures that are retailers or hybrid retailers that share 1429 |
|---|
| 1725 | | - | a common [dispensary facility or] dispensary facility backer or owner, 1430 |
|---|
| 1726 | | - | or hybrid retailer backer or owner, shall not be located within twenty 1431 |
|---|
| 1727 | | - | miles of [another commonly owned equity joint venture] each other. 1432 |
|---|
| 1728 | | - | Sec. 19. Subsections (b) to (d), inclusive, of section 21a-420u of the 1433 |
|---|
| 1729 | | - | general statutes are repealed and the following is substituted in lieu 1434 |
|---|
| 1730 | | - | thereof (Effective October 1, 2023): 1435 |
|---|
| 1731 | | - | (b) Any equity joint venture created under this section shall be 1436 |
|---|
| 1732 | | - | created for the development of a cannabis establishment, other than a 1437 |
|---|
| 1733 | | - | cultivator, provided such equity joint venture is at least fifty per cent 1438 |
|---|
| 1734 | | - | owned and controlled by an individual or individuals who meet, or the 1439 |
|---|
| 1735 | | - | equity joint venture applicant is an individual who meets, the criteria 1440 |
|---|
| 1736 | | - | established in subparagraphs (A) and (B) of subdivision [(48)] (47) of 1441 |
|---|
| 1737 | | - | section 21a-420, as amended by this act. 1442 |
|---|
| 1738 | | - | (c) An equity joint venture applicant shall submit an application to 1443 Substitute Bill No. 6697 |
|---|
| 1739 | | - | |
|---|
| 1740 | | - | |
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| 1743 | | - | 48 of 96 |
|---|
| 1744 | | - | |
|---|
| 1745 | | - | the Social Equity Council that may include, but need not be limited to, 1444 |
|---|
| 1746 | | - | evidence of business formation, ownership allocation, terms of 1445 |
|---|
| 1747 | | - | ownership and financing and proof of social equity status. The equity 1446 |
|---|
| 1748 | | - | joint venture applicant shall submit to the Social Equity Council 1447 |
|---|
| 1749 | | - | information including, but not limited to, the organizing documents of 1448 |
|---|
| 1750 | | - | the entity that outline the ownership stake of each backer, initial backer 1449 |
|---|
| 1751 | | - | investment and payout information to enable the council to determine 1450 |
|---|
| 1752 | | - | the terms of ownership. 1451 |
|---|
| 1753 | | - | (d) Upon receipt of written approval of the equity joint venture by 1452 |
|---|
| 1754 | | - | the Social Equity Council, the equity joint venture applicant shall apply 1453 |
|---|
| 1755 | | - | for a license from the department in the same form as required by all 1454 |
|---|
| 1756 | | - | other licensees of the same license type and subject to the same fees as 1455 |
|---|
| 1757 | | - | required by all other licensees of the same license type, except that such 1456 |
|---|
| 1758 | | - | application shall not be subject to the lottery process. 1457 |
|---|
| 1759 | | - | Sec. 20. Subsections (a) to (d), inclusive, of section 21a-421bb of the 1458 |
|---|
| 1760 | | - | general statutes are repealed and the following is substituted in lieu 1459 |
|---|
| 1761 | | - | thereof (Effective October 1, 2023): 1460 |
|---|
| 1762 | | - | (a) No person, other than the holder of a cannabis establishment 1461 |
|---|
| 1763 | | - | license issued [by this state] pursuant to this chapter or a person who 1462 |
|---|
| 1764 | | - | provides professional services related to the purchase, sale or use of 1463 |
|---|
| 1765 | | - | cannabis, shall advertise any cannabis or services related to cannabis in 1464 |
|---|
| 1766 | | - | this state. 1465 |
|---|
| 1767 | | - | (b) Except as provided in subsection (d) of this section, cannabis 1466 |
|---|
| 1768 | | - | establishments shall not: 1467 |
|---|
| 1769 | | - | (1) Advertise, including, but not limited to, through a business name 1468 |
|---|
| 1770 | | - | or logo, cannabis, cannabis paraphernalia or goods or services related to 1469 |
|---|
| 1771 | | - | cannabis: 1470 |
|---|
| 1772 | | - | (A) In ways that target or are designed to appeal to individuals under 1471 |
|---|
| 1773 | | - | twenty-one years of age, including, but not limited to, spokespersons or 1472 |
|---|
| 1774 | | - | celebrities who appeal to individuals under the legal age to purchase 1473 |
|---|
| 1775 | | - | cannabis or cannabis products, depictions of a person under twenty-five 1474 Substitute Bill No. 6697 |
|---|
| 1776 | | - | |
|---|
| 1777 | | - | |
|---|
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| 1780 | | - | 49 of 96 |
|---|
| 1781 | | - | |
|---|
| 1782 | | - | years of age consuming cannabis, or, the inclusion of objects, such as 1475 |
|---|
| 1783 | | - | toys, characters or cartoon characters, suggesting the presence of a 1476 |
|---|
| 1784 | | - | person under twenty-one years of age, or any other depiction designed 1477 |
|---|
| 1785 | | - | in any manner to be appealing to a person under twenty-one years of 1478 |
|---|
| 1786 | | - | age; or 1479 |
|---|
| 1787 | | - | (B) By using any image, or any other visual representation, of the 1480 |
|---|
| 1788 | | - | cannabis plant or any part of the cannabis plant, including, but not 1481 |
|---|
| 1789 | | - | limited to, the leaf of the cannabis plant; 1482 |
|---|
| 1790 | | - | (2) Engage in any advertising by means of any form of billboard 1483 |
|---|
| 1791 | | - | within one thousand five hundred feet of an elementary or secondary 1484 |
|---|
| 1792 | | - | school ground or a house of worship, recreation center or facility, child 1485 |
|---|
| 1793 | | - | care center, playground, public park or library, or engage in any 1486 |
|---|
| 1794 | | - | advertising by means of [an electronic or illuminated] a billboard 1487 |
|---|
| 1795 | | - | between the hours of six o'clock a.m. and eleven o'clock p.m.; 1488 |
|---|
| 1796 | | - | (3) Engage in advertising by means of any television, radio, Internet, 1489 |
|---|
| 1797 | | - | mobile application, social media or other electronic communication, 1490 |
|---|
| 1798 | | - | billboard or other outdoor signage, or print publication unless the 1491 |
|---|
| 1799 | | - | cannabis establishment has reliable evidence that at least ninety per cent 1492 |
|---|
| 1800 | | - | of the audience for the advertisement is reasonably expected to be 1493 |
|---|
| 1801 | | - | twenty-one years of age or older; 1494 |
|---|
| 1802 | | - | (4) Engage in advertising or marketing directed toward location-1495 |
|---|
| 1803 | | - | based devices, including, but not limited to, cellular phones, unless the 1496 |
|---|
| 1804 | | - | marketing is a mobile device application installed on the device by the 1497 |
|---|
| 1805 | | - | owner of the device who is twenty-one years of age or older and 1498 |
|---|
| 1806 | | - | includes a permanent and easy opt-out feature and warnings that the 1499 |
|---|
| 1807 | | - | use of cannabis is restricted to persons twenty-one years of age or older; 1500 |
|---|
| 1808 | | - | (5) Advertise cannabis or cannabis products in a manner claiming or 1501 |
|---|
| 1809 | | - | implying, or permit any employee of the cannabis establishment to 1502 |
|---|
| 1810 | | - | claim or imply, that such products have curative or therapeutic effects, 1503 |
|---|
| 1811 | | - | or that any other medical claim is true, or allow any employee to 1504 |
|---|
| 1812 | | - | promote cannabis for a wellness purpose unless such claims are 1505 Substitute Bill No. 6697 |
|---|
| 1813 | | - | |
|---|
| 1814 | | - | |
|---|
| 1815 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
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| 1817 | | - | 50 of 96 |
|---|
| 1818 | | - | |
|---|
| 1819 | | - | substantiated as set forth in regulations adopted under chapter 420f or 1506 |
|---|
| 1820 | | - | verbally conveyed by a licensed pharmacist or other licensed medical 1507 |
|---|
| 1821 | | - | practitioner in the course of business in, or while representing, a hybrid 1508 |
|---|
| 1822 | | - | retail or dispensary facility; 1509 |
|---|
| 1823 | | - | (6) Sponsor charitable, sports, musical, artistic, cultural, social or 1510 |
|---|
| 1824 | | - | other similar events or advertising at, or in connection with, such an 1511 |
|---|
| 1825 | | - | event unless the cannabis establishment has reliable evidence that (A) 1512 |
|---|
| 1826 | | - | not more than ten per cent of the in-person audience at the event is 1513 |
|---|
| 1827 | | - | reasonably expected to be under the legal age to purchase cannabis or 1514 |
|---|
| 1828 | | - | cannabis products, and (B) not more than ten per cent of the audience 1515 |
|---|
| 1829 | | - | that will watch, listen or participate in the event is expected to be under 1516 |
|---|
| 1830 | | - | the legal age to purchase cannabis products; 1517 |
|---|
| 1831 | | - | (7) Advertise cannabis, cannabis products or cannabis paraphernalia 1518 |
|---|
| 1832 | | - | in any physical form visible to the public within five hundred feet of an 1519 |
|---|
| 1833 | | - | elementary or secondary school ground or a recreation center or facility, 1520 |
|---|
| 1834 | | - | child care center, playground, public park or library; 1521 |
|---|
| 1835 | | - | (8) Cultivate cannabis or manufacture cannabis products for 1522 |
|---|
| 1836 | | - | distribution outside of this state in violation of federal law, advertise in 1523 |
|---|
| 1837 | | - | any way that encourages the transportation of cannabis across state lines 1524 |
|---|
| 1838 | | - | or otherwise encourages illegal activity; 1525 |
|---|
| 1839 | | - | (9) Except for dispensary facilities and hybrid retailers, exhibit within 1526 |
|---|
| 1840 | | - | or upon the outside of the facility used in the operation of a cannabis 1527 |
|---|
| 1841 | | - | establishment, or include in any advertisement, the word "dispensary" 1528 |
|---|
| 1842 | | - | or any variation of such term or any other words, displays or symbols 1529 |
|---|
| 1843 | | - | indicating that such store, shop or place of business is a dispensary; 1530 |
|---|
| 1844 | | - | (10) Exhibit within or upon the outside of the premises subject to the 1531 |
|---|
| 1845 | | - | cannabis establishment license, or include in any advertisement the 1532 |
|---|
| 1846 | | - | words "drug store", "pharmacy", "apothecary", "drug", "drugs" or 1533 |
|---|
| 1847 | | - | "medicine shop" or any combination of such terms or any other words, 1534 |
|---|
| 1848 | | - | displays or symbols indicating that such store, shop or place of business 1535 |
|---|
| 1849 | | - | is a pharmacy; 1536 Substitute Bill No. 6697 |
|---|
| 1850 | | - | |
|---|
| 1851 | | - | |
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| 1854 | | - | 51 of 96 |
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| 1855 | | - | |
|---|
| 1856 | | - | (11) Advertise on or in public or private vehicles or at bus stops, taxi 1537 |
|---|
| 1857 | | - | stands, transportation waiting areas, train stations, airports or other 1538 |
|---|
| 1858 | | - | similar transportation venues including, but not limited to, vinyl-1539 |
|---|
| 1859 | | - | wrapped vehicles or signs or logos on transportation vehicles not 1540 |
|---|
| 1860 | | - | owned by a cannabis establishment; 1541 |
|---|
| 1861 | | - | (12) Display cannabis, cannabis products or any image, or any other 1542 |
|---|
| 1862 | | - | visual representation, of the cannabis plant or any part of the cannabis 1543 |
|---|
| 1863 | | - | plant, including, but not limited to, the leaf of the cannabis plant, so as 1544 |
|---|
| 1864 | | - | to be clearly visible to a person from the exterior of the facility used in 1545 |
|---|
| 1865 | | - | the operation of a cannabis establishment, or display signs or other 1546 |
|---|
| 1866 | | - | printed material advertising any brand or any kind of cannabis or 1547 |
|---|
| 1867 | | - | cannabis product, or including any image, or any other visual 1548 |
|---|
| 1868 | | - | representation, of the cannabis plant or any part of the cannabis plant, 1549 |
|---|
| 1869 | | - | including, but not limited to, the leaf of the cannabis plant, on the 1550 |
|---|
| 1870 | | - | exterior of any facility used in the operation of a cannabis establishment; 1551 |
|---|
| 1871 | | - | (13) Utilize radio or loudspeaker, in a vehicle or in or outside of a 1552 |
|---|
| 1872 | | - | facility used in the operation of a cannabis establishment, for the 1553 |
|---|
| 1873 | | - | purposes of advertising the sale of cannabis or cannabis products; or 1554 |
|---|
| 1874 | | - | (14) Operate any web site advertising or depicting cannabis, cannabis 1555 |
|---|
| 1875 | | - | products or cannabis paraphernalia unless such web site verifies that 1556 |
|---|
| 1876 | | - | the entrants or users are twenty-one years of age or older. 1557 |
|---|
| 1877 | | - | (c) Except as provided in subsection (d) of this section, any 1558 |
|---|
| 1878 | | - | advertisements from a cannabis establishment shall contain the 1559 |
|---|
| 1879 | | - | following warning: "Do not use cannabis if you are under twenty-one 1560 |
|---|
| 1880 | | - | years of age. Keep cannabis out of the reach of children." In a print or 1561 |
|---|
| 1881 | | - | visual medium, such warning shall be conspicuous, easily legible and 1562 |
|---|
| 1882 | | - | shall take up not less than ten per cent of the advertisement space. In an 1563 |
|---|
| 1883 | | - | audio medium, such warning shall be at the same speed as the rest of 1564 |
|---|
| 1884 | | - | the advertisement and be easily intelligible. 1565 |
|---|
| 1885 | | - | (d) Any outdoor signage, including, but not limited to, any 1566 |
|---|
| 1886 | | - | monument sign, pylon sign or wayfinding sign, shall be deemed to 1567 Substitute Bill No. 6697 |
|---|
| 1887 | | - | |
|---|
| 1888 | | - | |
|---|
| 1889 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
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| 1890 | | - | R01-HB.docx } |
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| 1891 | | - | 52 of 96 |
|---|
| 1892 | | - | |
|---|
| 1893 | | - | satisfy the audience requirement established in subdivision (3) of 1568 |
|---|
| 1894 | | - | subsection (b) of this section, be exempt from the distance requirement 1569 |
|---|
| 1895 | | - | established in subdivision (7) of subsection (b) of this section and [shall] 1570 |
|---|
| 1896 | | - | not be required to contain the warning required under subsection (c) of 1571 |
|---|
| 1897 | | - | this section, if such outdoor signage: 1572 |
|---|
| 1898 | | - | (1) Contains only the name and logo of the cannabis establishment; 1573 |
|---|
| 1899 | | - | (2) Does not include any image, or any other visual representation, of 1574 |
|---|
| 1900 | | - | the cannabis plant or any part of the cannabis plant, including, but not 1575 |
|---|
| 1901 | | - | limited to, the leaf of the cannabis plant; 1576 |
|---|
| 1902 | | - | (3) Is comprised of not more than three colors; and 1577 |
|---|
| 1903 | | - | (4) Is located: 1578 |
|---|
| 1904 | | - | (A) On the cannabis establishment's premises, regardless of whether 1579 |
|---|
| 1905 | | - | such cannabis establishment leases or owns such premises; or 1580 |
|---|
| 1906 | | - | (B) On any commercial property occupied by multiple tenants 1581 |
|---|
| 1907 | | - | including such cannabis establishment. 1582 |
|---|
| 1908 | | - | Sec. 21. Subsection (a) of section 47a-9a of the general statutes is 1583 |
|---|
| 1909 | | - | repealed and the following is substituted in lieu thereof (Effective October 1584 |
|---|
| 1910 | | - | 1, 2023): 1585 |
|---|
| 1911 | | - | (a) As used in this section, "tenant", "landlord" and "dwelling unit" 1586 |
|---|
| 1912 | | - | have the same meanings as provided in section 47a-1. Except as 1587 |
|---|
| 1913 | | - | provided in this section, a landlord or property manager may not refuse 1588 |
|---|
| 1914 | | - | to rent to a prospective tenant or an existing tenant, or otherwise 1589 |
|---|
| 1915 | | - | discriminate against a prospective tenant or an existing tenant, based on 1590 |
|---|
| 1916 | | - | a past conviction for possession of [a cannabis-type substance] cannabis 1591 |
|---|
| 1917 | | - | under section 21a-279a or for a past conviction for possession of four or 1592 |
|---|
| 1918 | | - | fewer ounces of cannabis plant material, and any equivalencies and 1593 |
|---|
| 1919 | | - | combinations thereof, pursuant to subsection (i) of section 21a-279a in 1594 |
|---|
| 1920 | | - | any other jurisdiction. 1595 Substitute Bill No. 6697 |
|---|
| 1921 | | - | |
|---|
| 1922 | | - | |
|---|
| 1923 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
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| 1925 | | - | 53 of 96 |
|---|
| 1926 | | - | |
|---|
| 1927 | | - | Sec. 22. Section 22-61l of the general statutes is repealed and the 1596 |
|---|
| 1928 | | - | following is substituted in lieu thereof (Effective October 1, 2023): 1597 |
|---|
| 1929 | | - | (a) For the purpose of this section and section 22-61m, as amended by 1598 |
|---|
| 1930 | | - | this act, the following terms have the same meaning as provided in 7 1599 |
|---|
| 1931 | | - | CFR 990.1, as amended from time to time: "Acceptable hemp THC level", 1600 |
|---|
| 1932 | | - | "Agricultural marketing service", "Audit", "Cannabis", "Conviction", 1601 |
|---|
| 1933 | | - | "Corrective action plan", "Culpable mental state greater than 1602 |
|---|
| 1934 | | - | negligence", "Decarboxylated", "Decarboxylation", "Disposal", "Dry 1603 |
|---|
| 1935 | | - | weight basis", "Gas chromatography", "Geospatial location", "Handle", 1604 |
|---|
| 1936 | | - | "Liquid chromatography", "Immature plants", "Information sharing 1605 |
|---|
| 1937 | | - | system", "Measurement of uncertainty", "Negligence", 1606 |
|---|
| 1938 | | - | "Phytocannabinoid", "Postdecarboxylation", "Remediation", "Reverse 1607 |
|---|
| 1939 | | - | distributor" and "Total THC". In addition, for the purpose of this section 1608 |
|---|
| 1940 | | - | and section 22-61m, as amended by this act: 1609 |
|---|
| 1941 | | - | (1) "Cannabidiol" or "CBD" means the nonpsychotropic compound by 1610 |
|---|
| 1942 | | - | the same name; 1611 |
|---|
| 1943 | | - | (2) "Certificate of analysis" means a certificate from a laboratory 1612 |
|---|
| 1944 | | - | describing the results of the laboratory's testing of a sample; 1613 |
|---|
| 1945 | | - | (3) "Commissioner" means the Commissioner of Agriculture, or the 1614 |
|---|
| 1946 | | - | commissioner's designated agent; 1615 |
|---|
| 1947 | | - | (4) "Cultivate" means to plant, grow, harvest, handle and store a plant 1616 |
|---|
| 1948 | | - | or crop; 1617 |
|---|
| 1949 | | - | (5) "Federal act" means the United States Agricultural Marketing Act 1618 |
|---|
| 1950 | | - | of 1946, 7 USC 1639o et seq., as amended from time to time; 1619 |
|---|
| 1951 | | - | (6) "Department" means the Department of Agriculture; 1620 |
|---|
| 1952 | | - | (7) "Hemp" has the same meaning as provided in the federal act; 1621 |
|---|
| 1953 | | - | (8) "Hemp products" means all manufacturer hemp products and 1622 |
|---|
| 1954 | | - | producer hemp products; 1623 Substitute Bill No. 6697 |
|---|
| 1955 | | - | |
|---|
| 1956 | | - | |
|---|
| 1957 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
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| 1959 | | - | 54 of 96 |
|---|
| 1960 | | - | |
|---|
| 1961 | | - | (9) "Independent testing laboratory" means a facility: 1624 |
|---|
| 1962 | | - | (A) For which no person who has any direct or indirect financial or 1625 |
|---|
| 1963 | | - | managerial interest in the laboratory and also has any direct or indirect 1626 |
|---|
| 1964 | | - | interest in a facility that: 1627 |
|---|
| 1965 | | - | (i) Produces, distributes, manufactures or sells hemp or hemp 1628 |
|---|
| 1966 | | - | products, or marijuana in any state or territory of the United States; or 1629 |
|---|
| 1967 | | - | (ii) Cultivates, processes, distributes, dispenses or sells marijuana; 1630 |
|---|
| 1968 | | - | and 1631 |
|---|
| 1969 | | - | (B) That is accredited as a laboratory in compliance with section 21a-1632 |
|---|
| 1970 | | - | 408-59 of the regulations of Connecticut state agencies; 1633 |
|---|
| 1971 | | - | (10) "Laboratory" means a laboratory that meets the requirements of 1634 |
|---|
| 1972 | | - | 7 CFR 990.3 and that is accredited as a testing laboratory to International 1635 |
|---|
| 1973 | | - | Organization for Standardization (ISO) 17025 by a third-party 1636 |
|---|
| 1974 | | - | accrediting body such as the American Association for Laboratory 1637 |
|---|
| 1975 | | - | Accreditation or the Assured Calibration and Laboratory Accreditation 1638 |
|---|
| 1976 | | - | Select Services; 1639 |
|---|
| 1977 | | - | (11) "Law enforcement agency" means the Connecticut State Police, 1640 |
|---|
| 1978 | | - | the United States Drug Enforcement Administration, the Department of 1641 |
|---|
| 1979 | | - | Agriculture, the Department of Consumer Protection Drug Control 1642 |
|---|
| 1980 | | - | Division or any other federal, state or local law enforcement agency or 1643 |
|---|
| 1981 | | - | drug suppression unit; 1644 |
|---|
| 1982 | | - | (12) "Licensee" means an individual or entity that possesses a license 1645 |
|---|
| 1983 | | - | to produce or manufacture hemp or hemp products in this state; 1646 |
|---|
| 1984 | | - | (13) "Manufacture" means the conversion of the hemp plant into a by-1647 |
|---|
| 1985 | | - | product by means of adding heat, solvents or any method of extraction 1648 |
|---|
| 1986 | | - | that modifies the original composition of the plant for the purpose of 1649 |
|---|
| 1987 | | - | creating a manufacturer hemp product for commercial or research 1650 |
|---|
| 1988 | | - | purposes; 1651 Substitute Bill No. 6697 |
|---|
| 1989 | | - | |
|---|
| 1990 | | - | |
|---|
| 1991 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
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|---|
| 1993 | | - | 55 of 96 |
|---|
| 1994 | | - | |
|---|
| 1995 | | - | (14) "Manufacturer" means a person in the state licensed by the 1652 |
|---|
| 1996 | | - | Commissioner of Consumer Protection to manufacture, handle, store 1653 |
|---|
| 1997 | | - | and market manufacturer hemp products pursuant to the provisions of 1654 |
|---|
| 1998 | | - | section 22-61m, as amended by this act, and any regulation adopted 1655 |
|---|
| 1999 | | - | pursuant to section 22-61m, as amended by this act; 1656 |
|---|
| 2000 | | - | (15) "Marijuana" has the same meaning as provided in section 21a-1657 |
|---|
| 2001 | | - | 240, as amended by this act; 1658 |
|---|
| 2002 | | - | (16) "Market" or "marketing" means promoting, distributing or 1659 |
|---|
| 2003 | | - | selling a hemp product within the state, in another state or outside of 1660 |
|---|
| 2004 | | - | the United States and includes efforts to advertise and gather 1661 |
|---|
| 2005 | | - | information about the needs or preferences of potential consumers or 1662 |
|---|
| 2006 | | - | suppliers; 1663 |
|---|
| 2007 | | - | (17) "On-site manager" means the individual designated by the 1664 |
|---|
| 2008 | | - | producer license applicant or producer responsible for on-site 1665 |
|---|
| 2009 | | - | management and operations of a licensed producer; 1666 |
|---|
| 2010 | | - | (18) "Pesticide" has the same meaning as "pesticide chemical" as 1667 |
|---|
| 2011 | | - | provided in section 21a-92; 1668 |
|---|
| 2012 | | - | (19) "Lot" means a contiguous area in a field, greenhouse or indoor 1669 |
|---|
| 2013 | | - | growing structure containing the same variety or strain of hemp 1670 |
|---|
| 2014 | | - | throughout the area; 1671 |
|---|
| 2015 | | - | (20) "Post-harvest sample" means a representative sample of the form 1672 |
|---|
| 2016 | | - | of hemp taken from the harvested hemp from a particular lot's harvest 1673 |
|---|
| 2017 | | - | that is collected in accordance with the procedures established by the 1674 |
|---|
| 2018 | | - | commissioner; 1675 |
|---|
| 2019 | | - | (21) "Pre-harvest sample" means a composite, representative portion 1676 |
|---|
| 2020 | | - | from plants in a hemp lot, that is collected in accordance with the 1677 |
|---|
| 2021 | | - | procedures established by the commissioner; 1678 |
|---|
| 2022 | | - | (22) "Produce" means to cultivate hemp or create any producer hemp 1679 |
|---|
| 2023 | | - | product; 1680 Substitute Bill No. 6697 |
|---|
| 2024 | | - | |
|---|
| 2025 | | - | |
|---|
| 2026 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
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|---|
| 2028 | | - | 56 of 96 |
|---|
| 2029 | | - | |
|---|
| 2030 | | - | (23) "State plan" means a state plan, as described in the federal act and 1681 |
|---|
| 2031 | | - | as authorized pursuant to this section; 1682 |
|---|
| 2032 | | - | (24) "THC" means delta-9-tetrahydrocannabinol; 1683 |
|---|
| 2033 | | - | (25) "Controlled Substances Act" or "CSA" means the Controlled 1684 |
|---|
| 2034 | | - | Substances Act as codified in 21 USC 801 et seq.; 1685 |
|---|
| 2035 | | - | (26) "Criminal history report" means the fingerprint-based state and 1686 |
|---|
| 2036 | | - | national criminal history record information obtained in accordance 1687 |
|---|
| 2037 | | - | with section 29-17a; 1688 |
|---|
| 2038 | | - | (27) "Drug Enforcement Administration" or "DEA" means the United 1689 |
|---|
| 2039 | | - | States Drug Enforcement Administration; 1690 |
|---|
| 2040 | | - | (28) "Farm service agency" or "FSA" means an agency of the United 1691 |
|---|
| 2041 | | - | States Department of Agriculture; 1692 |
|---|
| 2042 | | - | (29) "Key participant" means a sole proprietor, a partner in 1693 |
|---|
| 2043 | | - | partnership or a person with executive managerial control in an entity, 1694 |
|---|
| 2044 | | - | including persons such as a chief executive officer, chief operating 1695 |
|---|
| 2045 | | - | officer and chief financial officer; 1696 |
|---|
| 2046 | | - | (30) "Manufacturer hemp product" means a commodity 1697 |
|---|
| 2047 | | - | manufactured from the hemp plant, for commercial or research 1698 |
|---|
| 2048 | | - | purposes, that is intended for human ingestion, inhalation, absorption 1699 |
|---|
| 2049 | | - | or other internal consumption, that contains a THC concentration of not 1700 |
|---|
| 2050 | | - | more than 0.3 per cent on a dry weight basis or per volume or weight of 1701 |
|---|
| 2051 | | - | such manufacturer hemp product; 1702 |
|---|
| 2052 | | - | (31) "Producer" means an individual or entity licensed by the 1703 |
|---|
| 2053 | | - | commissioner to produce and market producer hemp products 1704 |
|---|
| 2054 | | - | pursuant to the federal act, the state plan, the provisions of this section 1705 |
|---|
| 2055 | | - | and the regulations adopted pursuant to this section; 1706 |
|---|
| 2056 | | - | (32) "Producer hemp product" means any of the following produced 1707 |
|---|
| 2057 | | - | in this state: Raw hemp product, fiber-based hemp product or animal 1708 Substitute Bill No. 6697 |
|---|
| 2058 | | - | |
|---|
| 2059 | | - | |
|---|
| 2060 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
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| 2061 | | - | R01-HB.docx } |
|---|
| 2062 | | - | 57 of 96 |
|---|
| 2063 | | - | |
|---|
| 2064 | | - | hemp food product, and each of which contains a THC concentration of 1709 |
|---|
| 2065 | | - | not more than 0.3 per cent on a dry weight basis or per volume or weight 1710 |
|---|
| 2066 | | - | of such producer hemp product; 1711 |
|---|
| 2067 | | - | (33) "USDA" means the United States Department of Agriculture; 1712 |
|---|
| 2068 | | - | (34) "Entity" means a corporation, joint stock company, association, 1713 |
|---|
| 2069 | | - | limited partnership, limited liability partnership, limited liability 1714 |
|---|
| 2070 | | - | company, irrevocable trust, estate, charitable organization or other 1715 |
|---|
| 2071 | | - | similar organization, including any such organization participating in 1716 |
|---|
| 2072 | | - | the hemp production as a partner in a general partnership, a participant 1717 |
|---|
| 2073 | | - | in a joint venture or a participant in a similar organization; and 1718 |
|---|
| 2074 | | - | (35) "Homogenize" means to blend hemp into a mixture that has a 1719 |
|---|
| 2075 | | - | uniform quality and content throughout such mixture. 1720 |
|---|
| 2076 | | - | (b) The Commissioner of Agriculture shall establish and operate an 1721 |
|---|
| 2077 | | - | agricultural pilot program, as defined in 7 USC 5940, as amended from 1722 |
|---|
| 2078 | | - | time to time, for hemp research to enable the department, and its 1723 |
|---|
| 2079 | | - | licensees, to study methods of producing and marketing hemp. All 1724 |
|---|
| 2080 | | - | producer licensees licensed pursuant to this section shall be participants 1725 |
|---|
| 2081 | | - | in the state agricultural pilot program for hemp research. Until such 1726 |
|---|
| 2082 | | - | time as said commissioner adopts regulations, in accordance with the 1727 |
|---|
| 2083 | | - | provisions of chapter 54, the Department of Agriculture shall utilize 1728 |
|---|
| 2084 | | - | procedures and guidance policies that the commissioner deems to be 1729 |
|---|
| 2085 | | - | consistent with the provisions of 7 USC 5940, as amended from time to 1730 |
|---|
| 2086 | | - | time, provided such procedures and guidance policies shall, at a 1731 |
|---|
| 2087 | | - | minimum, require: (1) The commissioner to certify and register any site 1732 |
|---|
| 2088 | | - | used to grow hemp, (2) any person who produces hemp to produce 1733 |
|---|
| 2089 | | - | plants that meet the definition of hemp and verify such, (3) the 1734 |
|---|
| 2090 | | - | maintenance of records by any person who grows hemp and the 1735 |
|---|
| 2091 | | - | availability of inspection of such records by the commissioner, and (4) 1736 |
|---|
| 2092 | | - | verification of compliance with the definition of hemp by a laboratory, 1737 |
|---|
| 2093 | | - | at the expense of any licensee. The provisions of this section shall take 1738 |
|---|
| 2094 | | - | precedence over any such procedure or guidance policy. Participants in 1739 |
|---|
| 2095 | | - | the state agricultural pilot program for hemp research shall be licensed 1740 Substitute Bill No. 6697 |
|---|
| 2096 | | - | |
|---|
| 2097 | | - | |
|---|
| 2098 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
|---|
| 2099 | | - | R01-HB.docx } |
|---|
| 2100 | | - | 58 of 96 |
|---|
| 2101 | | - | |
|---|
| 2102 | | - | in accordance with the provisions of this section. Such pilot program 1741 |
|---|
| 2103 | | - | shall operate until the earlier of the date of a fully approved state plan 1742 |
|---|
| 2104 | | - | under the federal act, as described in this section, or the date of repeal 1743 |
|---|
| 2105 | | - | of the federal law permitting the state's agricultural pilot program for 1744 |
|---|
| 2106 | | - | hemp research. 1745 |
|---|
| 2107 | | - | (c) (1) The commissioner shall prepare a state plan in accordance with 1746 |
|---|
| 2108 | | - | the federal act and 7 CFR 990.3, for approval by the Governor, in 1747 |
|---|
| 2109 | | - | consultation with the office of the Chief State's Attorney and the 1748 |
|---|
| 2110 | | - | Attorney General. The state plan, once approved by the Governor and 1749 |
|---|
| 2111 | | - | the Attorney General, shall be submitted by the commissioner to the 1750 |
|---|
| 2112 | | - | United States Secretary of Agriculture for [his or her] such secretary's 1751 |
|---|
| 2113 | | - | approval. The commissioner shall have the authority to amend the state 1752 |
|---|
| 2114 | | - | plan, in consultation with the Governor, the Attorney General and the 1753 |
|---|
| 2115 | | - | office of the Chief State's Attorney, as necessary to comply with the 1754 |
|---|
| 2116 | | - | federal act. 1755 |
|---|
| 2117 | | - | (2) The commissioner shall operate the state plan, which shall 1756 |
|---|
| 2118 | | - | include, at a minimum, the following requirements: 1757 |
|---|
| 2119 | | - | (A) The sampling of hemp shall comply, at a minimum, with 7 CFR 1758 |
|---|
| 2120 | | - | 990.3 and be performed by an authorized sampling agent; 1759 |
|---|
| 2121 | | - | (B) The testing of hemp shall comply, at a minimum, with 7 CFR 1760 |
|---|
| 2122 | | - | 990.3; 1761 |
|---|
| 2123 | | - | (C) The control, remediation and disposal of noncompliant cannabis 1762 |
|---|
| 2124 | | - | plants shall comply with 7 CFR 990.27 and 7 CFR 990.3; 1763 |
|---|
| 2125 | | - | (D) The department shall comply with all recordkeeping and 1764 |
|---|
| 2126 | | - | reporting requirements in the federal act, and 7 CFR 990.1 to 7 CFR 1765 |
|---|
| 2127 | | - | 990.71, inclusive; 1766 |
|---|
| 2128 | | - | (E) The department shall comply with enforcement procedures in 7 1767 |
|---|
| 2129 | | - | CFR 990.6; 1768 |
|---|
| 2130 | | - | (F) The department shall conduct annual inspections of, at a 1769 Substitute Bill No. 6697 |
|---|
| 2131 | | - | |
|---|
| 2132 | | - | |
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| 2135 | | - | 59 of 96 |
|---|
| 2136 | | - | |
|---|
| 2137 | | - | minimum, a random sample of producers to verify that hemp is not 1770 |
|---|
| 2138 | | - | produced in violation of the federal act, the state plan and the provisions 1771 |
|---|
| 2139 | | - | of this section, and shall enforce any violation as provided for in the 1772 |
|---|
| 2140 | | - | federal act and as defined in 7 CFR 990.6; 1773 |
|---|
| 2141 | | - | (G) Producers shall report their required license, lot and hemp crop 1774 |
|---|
| 2142 | | - | acreage information to FSA, in accordance with the requirements in 7 1775 |
|---|
| 2143 | | - | CFR 990.7; and 1776 |
|---|
| 2144 | | - | (H) Producers shall report to the commissioner the total acreage of 1777 |
|---|
| 2145 | | - | hemp planted, harvested and, if applicable, disposed of or remediated, 1778 |
|---|
| 2146 | | - | and such other information as the commissioner may require. 1779 |
|---|
| 2147 | | - | (3) All sampling and testing of hemp shall be done using protocols 1780 |
|---|
| 2148 | | - | that are at least as statistically valid as the USDA's published protocols 1781 |
|---|
| 2149 | | - | for sampling and testing of hemp, which protocols shall be posted on 1782 |
|---|
| 2150 | | - | the department's Internet web site. During a scheduled sample 1783 |
|---|
| 2151 | | - | collection, the producer, or an authorized representative of the 1784 |
|---|
| 2152 | | - | producer, shall be present at the lot. A producer shall not harvest the 1785 |
|---|
| 2153 | | - | cannabis crop prior to the taking of samples. Samples of hemp plant 1786 |
|---|
| 2154 | | - | material from one lot shall not be commingled with hemp plant material 1787 |
|---|
| 2155 | | - | from other lots. Lots tested and not certified by a laboratory at or below 1788 |
|---|
| 2156 | | - | the acceptable hemp THC level shall be handled, remediated and 1789 |
|---|
| 2157 | | - | disposed of in accordance with the federal act, the provisions of this 1790 |
|---|
| 2158 | | - | section and the state plan, as applicable. 1791 |
|---|
| 2159 | | - | (4) The commissioner shall collect, maintain and provide to the 1792 |
|---|
| 2160 | | - | USDA, on a timely basis, and not less than once per month, license status 1793 |
|---|
| 2161 | | - | of each hemp producer, contact information for each hemp producer 1794 |
|---|
| 2162 | | - | licensed in the state, including lot legal descriptions and locations, and 1795 |
|---|
| 2163 | | - | any changes to such information. The commissioner shall also report to 1796 |
|---|
| 2164 | | - | the USDA, on a timely basis, and not less than once per month, all 1797 |
|---|
| 2165 | | - | required hemp test results and disposal information for all 1798 |
|---|
| 2166 | | - | nonconforming hemp plants and plant material. Such information shall 1799 |
|---|
| 2167 | | - | not include state and federal fingerprint-based records pursuant to 1800 |
|---|
| 2168 | | - | section 29-17a. 1801 Substitute Bill No. 6697 |
|---|
| 2169 | | - | |
|---|
| 2170 | | - | |
|---|
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| 2173 | | - | 60 of 96 |
|---|
| 2174 | | - | |
|---|
| 2175 | | - | (d) The commissioner shall have the authority to enforce the federal 1802 |
|---|
| 2176 | | - | act, as amended from time to time, the state plan, this section and any 1803 |
|---|
| 2177 | | - | regulations adopted in accordance with the federal act and chapter 54 1804 |
|---|
| 2178 | | - | for hemp production in the state. The commissioner shall have the 1805 |
|---|
| 2179 | | - | authority to enforce the applicable standards for producer hemp 1806 |
|---|
| 2180 | | - | products. The commissioner may consult, collaborate and enter into 1807 |
|---|
| 2181 | | - | cooperative agreements with any federal or state agency, municipality 1808 |
|---|
| 2182 | | - | or political subdivision of the state concerning application of the 1809 |
|---|
| 2183 | | - | provisions of the federal act and the regulations adopted pursuant to the 1810 |
|---|
| 2184 | | - | federal act, as may be necessary to carry out the provisions of this 1811 |
|---|
| 2185 | | - | section. 1812 |
|---|
| 2186 | | - | (e) Any person who produces hemp shall: (1) Be licensed by the 1813 |
|---|
| 2187 | | - | commissioner; (2) comply with the federal act, the state plan, the 1814 |
|---|
| 2188 | | - | provisions of this section and any regulation adopted pursuant to this 1815 |
|---|
| 2189 | | - | section; and (3) transport hemp and hemp samples in a manner and with 1816 |
|---|
| 2190 | | - | such documentation as required by the commissioner. 1817 |
|---|
| 2191 | | - | (f) Any person who sells hemp products shall not be required to be 1818 |
|---|
| 2192 | | - | licensed provided such person only engages in: (1) The retail or 1819 |
|---|
| 2193 | | - | wholesale sale of hemp or hemp products in which no further 1820 |
|---|
| 2194 | | - | producing or manufacturing of the hemp products occurs and the hemp 1821 |
|---|
| 2195 | | - | products are acquired from a person authorized under the laws of this 1822 |
|---|
| 2196 | | - | state or another state, territory or possession of the United States or 1823 |
|---|
| 2197 | | - | another sovereign entity to possess and sell such hemp products; (2) the 1824 |
|---|
| 2198 | | - | acquisition of hemp or hemp products for the sole purpose of product 1825 |
|---|
| 2199 | | - | distribution for resale; or (3) the retail sale of hemp products that are 1826 |
|---|
| 2200 | | - | otherwise authorized under federal or state law. 1827 |
|---|
| 2201 | | - | (g) Any applicant for a license pursuant to this section shall meet each 1828 |
|---|
| 2202 | | - | of the following requirements, as applicable: 1829 |
|---|
| 2203 | | - | (1) Each applicant, whether an individual or an entity, shall submit 1830 |
|---|
| 2204 | | - | an application for a license that consists, at a minimum, of the following: 1831 |
|---|
| 2205 | | - | (A) The name, telephone number, electronic mail address, business 1832 |
|---|
| 2206 | | - | address and address of any individual who is the applicant, the full 1833 Substitute Bill No. 6697 |
|---|
| 2207 | | - | |
|---|
| 2208 | | - | |
|---|
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| 2211 | | - | 61 of 96 |
|---|
| 2212 | | - | |
|---|
| 2213 | | - | name of any entity that is the applicant, including any applicable 1834 |
|---|
| 2214 | | - | principal business location and the full name, title and electronic mail 1835 |
|---|
| 2215 | | - | address of each key participant; (B) the name and address of each lot for 1836 |
|---|
| 2216 | | - | the hemp cultivation or producing location; (C) the geospatial location 1837 |
|---|
| 2217 | | - | of each lot by means of global positioning system coordinates and legal 1838 |
|---|
| 2218 | | - | description of each lot used for the hemp cultivation; (D) the acreage 1839 |
|---|
| 2219 | | - | size of each lot where the hemp will be cultivated; (E) written consent 1840 |
|---|
| 2220 | | - | allowing the commissioner to conduct both scheduled and random 1841 |
|---|
| 2221 | | - | inspections of and around the premises on which the hemp is to be 1842 |
|---|
| 2222 | | - | cultivated, harvested, stored and produced; (F) the applicant's employer 1843 |
|---|
| 2223 | | - | identification number or the applicant's Social Security number if an 1844 |
|---|
| 2224 | | - | employer identification number is not available; and (G) any other 1845 |
|---|
| 2225 | | - | information as may be required by the commissioner; 1846 |
|---|
| 2226 | | - | (2) Each individual who is an applicant and each key participant of 1847 |
|---|
| 2227 | | - | any entity applying for a producer license, or renewal thereof, shall 1848 |
|---|
| 2228 | | - | submit to state and national fingerprint-based criminal history records 1849 |
|---|
| 2229 | | - | checks conducted in accordance with section 29-17a, at [his or her] such 1850 |
|---|
| 2230 | | - | individual's own expense; 1851 |
|---|
| 2231 | | - | (3) No individual, including any key participant of any entity, who 1852 |
|---|
| 2232 | | - | has been convicted of any state or federal felony, related to a controlled 1853 |
|---|
| 2233 | | - | substance, shall be eligible to obtain or hold a producer license for ten 1854 |
|---|
| 2234 | | - | years from the date of the conviction, provided such restriction shall not 1855 |
|---|
| 2235 | | - | apply to any individual who lawfully grew hemp with a license, 1856 |
|---|
| 2236 | | - | registration or authorization under any state pilot program authorized 1857 |
|---|
| 2237 | | - | by section 7606 of the Agricultural Act of 2014 before December 20, 2018. 1858 |
|---|
| 2238 | | - | Any individual or entity that materially falsifies any information in an 1859 |
|---|
| 2239 | | - | application pursuant to this section shall be ineligible to obtain a 1860 |
|---|
| 2240 | | - | producer license; and 1861 |
|---|
| 2241 | | - | (4) Each individual or entity who is required by this section to obtain 1862 |
|---|
| 2242 | | - | a producer license shall pay for all costs of sampling, testing, retesting 1863 |
|---|
| 2243 | | - | and resampling any samples at a laboratory for the purpose of 1864 |
|---|
| 2244 | | - | determining the THC concentration level of any cannabis under their 1865 |
|---|
| 2245 | | - | control, or in their possession. Each individual or entity who is required 1866 Substitute Bill No. 6697 |
|---|
| 2246 | | - | |
|---|
| 2247 | | - | |
|---|
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| 2250 | | - | 62 of 96 |
|---|
| 2251 | | - | |
|---|
| 2252 | | - | by this section to obtain a producer license shall pay for all costs of 1867 |
|---|
| 2253 | | - | disposal of all noncompliant cannabis plants under their control, or in 1868 |
|---|
| 2254 | | - | their possession. 1869 |
|---|
| 2255 | | - | (h) Any producer license issued by the commissioner shall expire on 1870 |
|---|
| 2256 | | - | the third following December thirty-first and may be renewed during 1871 |
|---|
| 2257 | | - | the preceding month of October. Such licenses shall not be transferable. 1872 |
|---|
| 2258 | | - | (i) The following fees shall apply for each producer license and 1873 |
|---|
| 2259 | | - | inspection: 1874 |
|---|
| 2260 | | - | (1) A nonrefundable license application fee of fifty dollars, provided 1875 |
|---|
| 2261 | | - | any constituent unit of higher education, state agency or department 1876 |
|---|
| 2262 | | - | shall be exempt from such application fee if such production is for 1877 |
|---|
| 2263 | | - | research purposes; 1878 |
|---|
| 2264 | | - | (2) A nonrefundable triennial producer license fee of four hundred 1879 |
|---|
| 2265 | | - | fifty dollars for up to one acre of planned hemp plantings and thirty 1880 |
|---|
| 2266 | | - | dollars per each additional acre of planned hemp plantings rounded to 1881 |
|---|
| 2267 | | - | the nearest acre, except no license fee charged shall exceed three 1882 |
|---|
| 2268 | | - | thousand dollars, provided any constituent unit of higher education, 1883 |
|---|
| 2269 | | - | state agency or department shall be exempt from such license fee if such 1884 |
|---|
| 2270 | | - | production is for research purposes; and 1885 |
|---|
| 2271 | | - | (3) In the event that resampling by the commissioner is required due 1886 |
|---|
| 2272 | | - | to a test result that shows a violation of any provision of this section or 1887 |
|---|
| 2273 | | - | any regulation adopted pursuant to this section, the licensee shall pay 1888 |
|---|
| 2274 | | - | an inspection fee of fifty dollars. Such fee shall be paid prior to the 1889 |
|---|
| 2275 | | - | inspection and collection of the sample to be used for resampling. 1890 |
|---|
| 2276 | | - | (j) After receipt and review of an application for producer licensure, 1891 |
|---|
| 2277 | | - | the commissioner may grant a triennial license upon a finding that the 1892 |
|---|
| 2278 | | - | applicant meets the applicable requirements. Each producer licensee 1893 |
|---|
| 2279 | | - | shall notify the commissioner of any changes to their application 1894 |
|---|
| 2280 | | - | information, not later than fifteen days after such change. While the 1895 |
|---|
| 2281 | | - | pilot program is in effect, the commissioner may grant a conditional 1896 |
|---|
| 2282 | | - | approval of a producer license, pending receipt of the criminal history 1897 Substitute Bill No. 6697 |
|---|
| 2283 | | - | |
|---|
| 2284 | | - | |
|---|
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| 2287 | | - | 63 of 96 |
|---|
| 2288 | | - | |
|---|
| 2289 | | - | records check required by this section. The commissioner shall assign 1898 |
|---|
| 2290 | | - | each producer with a license or authorization identifier in a format 1899 |
|---|
| 2291 | | - | consistent with 7 CFR 990.3. 1900 |
|---|
| 2292 | | - | (k) Whenever an inspection or investigation conducted by the 1901 |
|---|
| 2293 | | - | commissioner pursuant to this title reveals any violation of the state 1902 |
|---|
| 2294 | | - | plan, this section or any regulation adopted thereunder, the producer 1903 |
|---|
| 2295 | | - | license applicant or respondent, as applicable, shall be notified, in 1904 |
|---|
| 2296 | | - | writing, of such violation and any corrective action to be taken and the 1905 |
|---|
| 2297 | | - | time period within which such corrective action shall be taken. Any such 1906 |
|---|
| 2298 | | - | producer license applicant or respondent may request a hearing, 1907 |
|---|
| 2299 | | - | conducted in accordance with chapter 54, on any such notification. Any 1908 |
|---|
| 2300 | | - | notification issued pursuant to this section shall be made by certified 1909 |
|---|
| 2301 | | - | mail, return receipt requested to the producer license applicant or 1910 |
|---|
| 2302 | | - | respondent's last known address, by in-hand service by the 1911 |
|---|
| 2303 | | - | commissioner or designated agent of the commissioner, electronic mail 1912 |
|---|
| 2304 | | - | service with the consent of the recipient, or by service in accordance 1913 |
|---|
| 2305 | | - | with chapter 896. The commissioner shall report all producer violations 1914 |
|---|
| 2306 | | - | made with a culpable mental state greater than negligence to the United 1915 |
|---|
| 2307 | | - | States Attorney General and the State's Attorney for the judicial district 1916 |
|---|
| 2308 | | - | in which the producer violation occurred. 1917 |
|---|
| 2309 | | - | (l) Nothing in this section shall be construed to limit the 1918 |
|---|
| 2310 | | - | commissioner's authority to issue a cease and desist order pursuant to 1919 |
|---|
| 2311 | | - | section 22-4d, or an emergency order, in order to respond to a condition 1920 |
|---|
| 2312 | | - | that may present a public health hazard, or issue orders necessary to 1921 |
|---|
| 2313 | | - | effectuate the purposes of this section, including, but not limited to, 1922 |
|---|
| 2314 | | - | orders for the embargo, partial destruction, destruction and release of 1923 |
|---|
| 2315 | | - | hemp or hemp products. Any cease and desist order or an emergency 1924 |
|---|
| 2316 | | - | order shall become effective upon service of such order by the 1925 |
|---|
| 2317 | | - | commissioner. Following service of any such order, subsequent 1926 |
|---|
| 2318 | | - | proceedings shall proceed in accordance with the provisions of section 1927 |
|---|
| 2319 | | - | 22-4d and the rules of practice for such agency. Any embargo, partial 1928 |
|---|
| 2320 | | - | destruction, destruction or release order issued pursuant to this section 1929 |
|---|
| 2321 | | - | shall be served by certified mail, return receipt requested to the 1930 Substitute Bill No. 6697 |
|---|
| 2322 | | - | |
|---|
| 2323 | | - | |
|---|
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| 2326 | | - | 64 of 96 |
|---|
| 2327 | | - | |
|---|
| 2328 | | - | respondent's last known address, by in-hand service by the 1931 |
|---|
| 2329 | | - | commissioner or designated agent of the commissioner, or by service in 1932 |
|---|
| 2330 | | - | accordance with chapter 896. 1933 |
|---|
| 2331 | | - | (m) Following a hearing conducted in accordance with chapter 54, 1934 |
|---|
| 2332 | | - | the commissioner may impose an administrative civil penalty, not to 1935 |
|---|
| 2333 | | - | exceed two thousand five hundred dollars per violation, and suspend, 1936 |
|---|
| 2334 | | - | revoke or place conditions upon any producer licensee who violates the 1937 |
|---|
| 2335 | | - | provisions of this section or any regulation adopted pursuant to this 1938 |
|---|
| 2336 | | - | section. 1939 |
|---|
| 2337 | | - | (n) (1) Any individual who produces hemp in this state without 1940 |
|---|
| 2338 | | - | obtaining a license pursuant to this section, or who produces hemp in 1941 |
|---|
| 2339 | | - | this state after having a license suspended or revoked shall have 1942 |
|---|
| 2340 | | - | committed an infraction. 1943 |
|---|
| 2341 | | - | (2) Any entity that produces hemp in this state without obtaining a 1944 |
|---|
| 2342 | | - | license pursuant to this section, produces hemp in violation of this 1945 |
|---|
| 2343 | | - | section or produces hemp in this state after having a license suspended 1946 |
|---|
| 2344 | | - | or revoked may be fined not more than two thousand five hundred 1947 |
|---|
| 2345 | | - | dollars per violation, after a hearing conducted in accordance with 1948 |
|---|
| 2346 | | - | chapter 54. 1949 |
|---|
| 2347 | | - | (o) (1) Any negligent violation, as described in the federal act, of this 1950 |
|---|
| 2348 | | - | section or the state plan shall be subject to enforcement in accordance 1951 |
|---|
| 2349 | | - | with the federal act, and the state plan for negligent violations. 1952 |
|---|
| 2350 | | - | (2) For any negligent violation, a producer shall be required to correct 1953 |
|---|
| 2351 | | - | such negligent violation, by means of a corrective action plan approved 1954 |
|---|
| 2352 | | - | by the commissioner. Each corrective action plan shall include, at a 1955 |
|---|
| 2353 | | - | minimum, a reasonable completion deadline for correction of the 1956 |
|---|
| 2354 | | - | negligent violation, periodic reporting to the commissioner for at least 1957 |
|---|
| 2355 | | - | two years and compliance with the state plan. 1958 |
|---|
| 2356 | | - | (3) Any producer that negligently violates the state plan shall not, as 1959 |
|---|
| 2357 | | - | a result of such negligent violation, be referred by the commissioner for 1960 |
|---|
| 2358 | | - | any criminal enforcement action by the federal, state or local 1961 Substitute Bill No. 6697 |
|---|
| 2359 | | - | |
|---|
| 2360 | | - | |
|---|
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| 2363 | | - | 65 of 96 |
|---|
| 2364 | | - | |
|---|
| 2365 | | - | government. 1962 |
|---|
| 2366 | | - | (4) Any producer that negligently violates the state plan three times 1963 |
|---|
| 2367 | | - | during any five-year period shall be ineligible to produce hemp for a 1964 |
|---|
| 2368 | | - | period of five years beginning on the date of the third violation. 1965 |
|---|
| 2369 | | - | (5) The commissioner shall conduct an inspection to determine if the 1966 |
|---|
| 2370 | | - | corrective action plan for a producer who commits any such negligent 1967 |
|---|
| 2371 | | - | violation was properly implemented. 1968 |
|---|
| 2372 | | - | (p) Any person aggrieved by an order issued pursuant to this section 1969 |
|---|
| 2373 | | - | may appeal to the commissioner in accordance with the provisions of 1970 |
|---|
| 2374 | | - | chapter 54. Such appeal shall be made in writing to the commissioner 1971 |
|---|
| 2375 | | - | and received not later than fifteen days after the date of the order. If no 1972 |
|---|
| 2376 | | - | appeal is made pursuant to this subsection the order shall be final. 1973 |
|---|
| 2377 | | - | (q) (1) All documents submitted under this section shall be subject to 1974 |
|---|
| 2378 | | - | disclosure in accordance with chapter 14, except: (A) Information 1975 |
|---|
| 2379 | | - | depicting or describing (i) the test results of any producer, (ii) the 1976 |
|---|
| 2380 | | - | location of any hemp growing, harvesting, processing or storage 1977 |
|---|
| 2381 | | - | location, or (iii) hemp producer location security schematics; and (B) the 1978 |
|---|
| 2382 | | - | results of any criminal history records check. 1979 |
|---|
| 2383 | | - | (2) Notwithstanding the provisions of subdivision (1) of this 1980 |
|---|
| 2384 | | - | subsection, all documents and records submitted or maintained 1981 |
|---|
| 2385 | | - | pursuant to this section shall be disclosed to any law enforcement 1982 |
|---|
| 2386 | | - | agency upon request of such law enforcement agency. 1983 |
|---|
| 2387 | | - | (r) The commissioner may inspect and shall have access to the 1984 |
|---|
| 2388 | | - | buildings, equipment, supplies, vehicles, records, real property and 1985 |
|---|
| 2389 | | - | other information that the commissioner deems necessary to carry out 1986 |
|---|
| 2390 | | - | the commissioner's duties pursuant to this section from any person 1987 |
|---|
| 2391 | | - | participating in producing, handling, storing, marketing or researching 1988 |
|---|
| 2392 | | - | hemp. 1989 |
|---|
| 2393 | | - | (s) All licensees pursuant to this section shall maintain records 1990 |
|---|
| 2394 | | - | required by the federal act, the state plan, this section and any regulation 1991 Substitute Bill No. 6697 |
|---|
| 2395 | | - | |
|---|
| 2396 | | - | |
|---|
| 2397 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
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| 2399 | | - | 66 of 96 |
|---|
| 2400 | | - | |
|---|
| 2401 | | - | adopted pursuant to this section. Each licensee shall make such records 1992 |
|---|
| 2402 | | - | available to the department immediately upon request of the 1993 |
|---|
| 2403 | | - | commissioner and in electronic format, if available. 1994 |
|---|
| 2404 | | - | (t) The commissioner may adopt regulations, in accordance with the 1995 |
|---|
| 2405 | | - | provisions of chapter 54, to implement the provisions of this section 1996 |
|---|
| 2406 | | - | including, but not limited to, the labeling of producer hemp products. 1997 |
|---|
| 2407 | | - | [(u) Notwithstanding any provision of the general statutes: (1) 1998 |
|---|
| 2408 | | - | Marijuana does not include hemp or hemp products; (2) THC that does 1999 |
|---|
| 2409 | | - | not exceed 0.3 per cent by dry weight and that is found in hemp shall 2000 |
|---|
| 2410 | | - | not be considered to be THC that constitutes a controlled substance; (3) 2001 |
|---|
| 2411 | | - | hemp-derived cannabidiols, including CBD, shall not constitute 2002 |
|---|
| 2412 | | - | controlled substances or adulterants solely on the basis of containing 2003 |
|---|
| 2413 | | - | CBD; and (4) hemp products that contain one or more hemp-derived 2004 |
|---|
| 2414 | | - | cannabidiols, such as CBD, intended for ingestion shall be considered 2005 |
|---|
| 2415 | | - | foods, not controlled substances or adulterated products solely on the 2006 |
|---|
| 2416 | | - | basis of the containing hemp-derived cannabidiols.] 2007 |
|---|
| 2417 | | - | [(v)] (u) Whenever the commissioner believes or has reasonable cause 2008 |
|---|
| 2418 | | - | to believe that the actions of a licensee or any employee of a producer 2009 |
|---|
| 2419 | | - | licensee are in violation of the federal act, the state plan, or any state law 2010 |
|---|
| 2420 | | - | concerning the growing, cultivation, handling, transporting or 2011 |
|---|
| 2421 | | - | possession of marijuana, the commissioner shall notify the Department 2012 |
|---|
| 2422 | | - | of Emergency Services and Public Protection and the Division of State 2013 |
|---|
| 2423 | | - | Police. 2014 |
|---|
| 2424 | | - | Sec. 23. Section 22-61m of the general statutes is repealed and the 2015 |
|---|
| 2425 | | - | following is substituted in lieu thereof (Effective October 1, 2023): 2016 |
|---|
| 2426 | | - | (a) No person shall manufacture in the state without a license to 2017 |
|---|
| 2427 | | - | manufacture issued by the Commissioner of Consumer Protection. 2018 |
|---|
| 2428 | | - | (b) Each applicant for a manufacturer license shall submit an 2019 |
|---|
| 2429 | | - | application on a form and in a manner prescribed by the Commissioner 2020 |
|---|
| 2430 | | - | of Consumer Protection. 2021 Substitute Bill No. 6697 |
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| 2433 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
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| 2436 | | - | |
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| 2437 | | - | (c) The following fees shall apply for a license to manufacture: 2022 |
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| 2438 | | - | (1) A nonrefundable license application fee of seventy-five dollars; 2023 |
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| 2439 | | - | and 2024 |
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| 2440 | | - | (2) A nonrefundable licensing fee of three hundred seventy-five 2025 |
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| 2441 | | - | dollars for a license to manufacture hemp. 2026 |
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| 2442 | | - | (d) A license to manufacture issued by the Commissioner of 2027 |
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| 2443 | | - | Consumer Protection pursuant to this section shall expire triennially on 2028 |
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| 2444 | | - | June thirtieth. Such licenses shall not be transferable. 2029 |
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| 2445 | | - | (e) In accordance with a hearing held pursuant to chapter 54, the 2030 |
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| 2446 | | - | Commissioner of Consumer Protection may deny, suspend or revoke a 2031 |
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| 2447 | | - | manufacturer license, issue fines of not more than two thousand five 2032 |
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| 2448 | | - | hundred dollars per violation and place conditions upon a 2033 |
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| 2449 | | - | manufacturer licensee who violates the provisions of this section and 2034 |
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| 2450 | | - | any regulation adopted pursuant to this section. 2035 |
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| 2451 | | - | (f) (1) Any individual who manufactures in this state without 2036 |
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| 2452 | | - | obtaining a license pursuant to this section or who manufactures in this 2037 |
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| 2453 | | - | state after such entity's license is suspended or revoked shall be fined 2038 |
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| 2454 | | - | two hundred fifty dollars in accordance with the provisions of section 2039 |
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| 2455 | | - | 51-164n. 2040 |
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| 2456 | | - | (2) Any entity who manufactures in this state without obtaining a 2041 |
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| 2457 | | - | license pursuant to this section, or who manufactures in this state after 2042 |
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| 2458 | | - | having a license suspended, shall be fined not more than two thousand 2043 |
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| 2459 | | - | five hundred dollars per violation after a hearing conducted in 2044 |
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| 2460 | | - | accordance with the provisions of chapter 54. 2045 |
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| 2461 | | - | (g) Nothing in this chapter or any regulations adopted pursuant to 2046 |
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| 2462 | | - | this chapter shall be construed to apply to persons licensed pursuant to 2047 |
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| 2463 | | - | section 21a-408i nor to require persons licensed pursuant to said section 2048 |
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| 2464 | | - | to obtain a license pursuant to this chapter. 2049 |
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| 2465 | | - | (h) The Commissioner of Consumer Protection may inspect and shall 2050 Substitute Bill No. 6697 |
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| 2466 | | - | |
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| 2467 | | - | |
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| 2468 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
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| 2470 | | - | 68 of 96 |
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| 2471 | | - | |
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| 2472 | | - | have access to the buildings, equipment, supplies, vehicles, records, real 2051 |
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| 2473 | | - | property and other information of any manufacturer applicant or 2052 |
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| 2474 | | - | licensee that the commissioner deems necessary to carry out the 2053 |
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| 2475 | | - | commissioner's duties pursuant to this section. 2054 |
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| 2476 | | - | (i) (1) Each manufacturer shall follow the protocol in this subsection 2055 |
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| 2477 | | - | for disposing of cannabis in the event that any hemp or hemp product 2056 |
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| 2478 | | - | is deemed to exceed the prescribed THC concentration, as determined 2057 |
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| 2479 | | - | by the Commissioner of Consumer Protection, or a manufacturer 2058 |
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| 2480 | | - | licensee in possession of hemp or hemp products who desires to dispose 2059 |
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| 2481 | | - | of obsolete, misbranded, excess or otherwise undesired product. Each 2060 |
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| 2482 | | - | manufacturer licensee shall be responsible for all costs of disposal of 2061 |
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| 2483 | | - | hemp samples and any hemp produced by such licensee that violates 2062 |
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| 2484 | | - | the provisions of this section or any regulation adopted pursuant to this 2063 |
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| 2485 | | - | section. Any cannabis that exceeds the prescribed THC concentration 2064 |
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| 2486 | | - | allowable in hemp or hemp products shall be immediately embargoed 2065 |
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| 2487 | | - | by such manufacturer and clearly labeled as adulterated by such 2066 |
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| 2488 | | - | licensee and such licensee shall immediately notify both the Department 2067 |
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| 2489 | | - | of Consumer Protection and the Department of Agriculture, in writing, 2068 |
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| 2490 | | - | of such adulterated product. Such adulterated product shall be 2069 |
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| 2491 | | - | destroyed and disposed of by the following method, as determined by 2070 |
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| 2492 | | - | the Commissioner of Consumer Protection: 2071 |
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| 2493 | | - | (A) Surrender, without compensation, of such hemp or hemp product 2072 |
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| 2494 | | - | to the Commissioner of Consumer Protection who shall be responsible 2073 |
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| 2495 | | - | for the destruction and disposal of such adulterated product; or 2074 |
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| 2496 | | - | (B) By disposal in a manner prescribed by the Commissioner of 2075 |
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| 2497 | | - | Consumer Protection. 2076 |
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| 2498 | | - | (2) Notwithstanding the provisions of subdivision (1) of this 2077 |
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| 2499 | | - | subsection, upon written request of a manufacturer, the Commissioner 2078 |
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| 2500 | | - | of Consumer Protection may permit such manufacturer to combine 2079 |
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| 2501 | | - | different batches of raw hemp plant material to achieve a THC 2080 |
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| 2502 | | - | concentration of 0.3 per cent on a dry weight basis, in lieu of embargo 2081 |
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| 2503 | | - | or destruction. 2082 Substitute Bill No. 6697 |
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| 2508 | | - | 69 of 96 |
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| 2509 | | - | |
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| 2510 | | - | (j) The manufacturer or manufacturer's authorized designee 2083 |
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| 2511 | | - | disposing of the hemp or hemp products shall maintain and make 2084 |
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| 2512 | | - | available to the Commissioner of Consumer Protection a record of each 2085 |
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| 2513 | | - | such disposal or destruction of product indicating: 2086 |
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| 2514 | | - | (1) The date, time and location of disposal or destruction; 2087 |
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| 2515 | | - | (2) The manner of disposal or destruction; 2088 |
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| 2516 | | - | (3) The batch or lot information and quantity of hemp or hemp 2089 |
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| 2517 | | - | product disposed of or destroyed; and 2090 |
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| 2518 | | - | (4) The signatures of the persons disposing of the hemp or hemp 2091 |
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| 2519 | | - | products, the authorized representative of the Commissioner of 2092 |
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| 2520 | | - | Consumer Protection and any other persons present during the 2093 |
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| 2521 | | - | disposal. 2094 |
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| 2522 | | - | (k) Any hemp intended to be manufactured by a manufacturer into a 2095 |
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| 2523 | | - | manufacturer hemp product shall be tested by an independent testing 2096 |
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| 2524 | | - | laboratory located in this state. A manufacturer licensee shall make 2097 |
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| 2525 | | - | available samples, in an amount and type determined by the 2098 |
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| 2526 | | - | Commissioner of Consumer Protection, of hemp for an independent 2099 |
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| 2527 | | - | testing laboratory employee to select random samples. The independent 2100 |
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| 2528 | | - | testing laboratory shall test each sample [for microbiological 2101 |
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| 2529 | | - | contaminants, mycotoxins, heavy metals and pesticide chemical 2102 |
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| 2530 | | - | residue, and for purposes of conducting an active ingredient analysis, if 2103 |
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| 2531 | | - | applicable, as determined by the Commissioner of Consumer 2104 |
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| 2532 | | - | Protection] in accordance with the laboratory testing standards 2105 |
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| 2533 | | - | established in policies, procedures and regulations adopted by the 2106 |
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| 2534 | | - | commissioner pursuant to section 21a-421j. 2107 |
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| 2535 | | - | (l) Once a batch of hemp, intended to be sold as a manufacturer hemp 2108 |
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| 2536 | | - | product, has been homogenized for sample testing and eventual 2109 |
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| 2537 | | - | packaging and sale, until the independent testing laboratory provides 2110 |
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| 2538 | | - | the results from its tests and analysis, the manufacturer [licensee] shall 2111 |
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| 2539 | | - | segregate and withhold from use the entire batch of hemp that is 2112 |
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| 2540 | | - | intended for use as a manufacturer hemp product, except the samples 2113 Substitute Bill No. 6697 |
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| 2542 | | - | |
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| 2543 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
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| 2545 | | - | 70 of 96 |
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| 2546 | | - | |
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| 2547 | | - | that have been removed by the independent testing laboratory for 2114 |
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| 2548 | | - | testing. During this period of segregation, the manufacturer licensee 2115 |
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| 2549 | | - | shall maintain the hemp batch in a secure, cool and dry location, as 2116 |
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| 2550 | | - | prescribed by the Commissioner of Consumer Protection, so as to 2117 |
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| 2551 | | - | prevent the hemp from becoming adulterated. Such manufacturer shall 2118 |
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| 2552 | | - | not manufacture or sell a manufacturer hemp product prior to the time 2119 |
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| 2553 | | - | that the independent testing laboratory completes testing and analysis 2120 |
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| 2554 | | - | and provides such results, in writing, to the manufacturer licensee who 2121 |
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| 2555 | | - | initiated such testing. 2122 |
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| 2556 | | - | (m) An independent testing laboratory shall immediately return or 2123 |
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| 2557 | | - | dispose of any hemp or manufacturer hemp product upon the 2124 |
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| 2558 | | - | completion of any testing, use or research. If an independent testing 2125 |
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| 2559 | | - | laboratory disposes of hemp or manufacturer hemp products, the 2126 |
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| 2560 | | - | laboratory shall dispose of such hemp in the following manner, as 2127 |
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| 2561 | | - | determined by the Commissioner of Consumer Protection: 2128 |
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| 2562 | | - | (1) By surrender, without compensation, of such hemp or 2129 |
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| 2563 | | - | manufacturer hemp product to the Commissioner of Consumer 2130 |
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| 2564 | | - | Protection who shall be responsible for the destruction and disposal of 2131 |
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| 2565 | | - | such hemp or hemp product; or 2132 |
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| 2566 | | - | (2) By disposal in a manner prescribed by the Commissioner of 2133 |
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| 2567 | | - | Consumer Protection. 2134 |
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| 2568 | | - | (n) If a sample does not pass the microbiological, mycotoxin, heavy 2135 |
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| 2569 | | - | metal or pesticide chemical residue test, based on the laboratory testing 2136 |
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| 2570 | | - | standards [prescribed by the Commissioner of Consumer Protection 2137 |
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| 2571 | | - | and published on the Internet web site of the Department of Consumer 2138 |
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| 2572 | | - | Protection] established in policies, procedures and regulations adopted 2139 |
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| 2573 | | - | by the Commissioner of Consumer Protection pursuant to section 21a-2140 |
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| 2574 | | - | 421j, the manufacturer licensee who sent such batch for testing shall: 2141 |
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| 2575 | | - | (1) Retest and reanalyze the hemp from which the sample was taken 2142 |
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| 2576 | | - | by having an employee from the same laboratory randomly select 2143 |
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| 2577 | | - | another sample from the same hemp batch. If the sample used to retest 2144 Substitute Bill No. 6697 |
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| 2579 | | - | |
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| 2582 | | - | 71 of 96 |
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| 2583 | | - | |
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| 2584 | | - | or reanalyze such hemp yields satisfactory results for all testing 2145 |
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| 2585 | | - | required under this section, an employee from a different laboratory 2146 |
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| 2586 | | - | shall randomly select a different sample from the same hemp batch for 2147 |
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| 2587 | | - | testing. If both samples yield satisfactory results for all testing required 2148 |
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| 2588 | | - | under this section, the hemp batch from which the samples were taken 2149 |
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| 2589 | | - | shall be released for manufacturing, processing and sale; 2150 |
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| 2590 | | - | (2) If a remediation plan sufficient to ensure public health and safety 2151 |
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| 2591 | | - | is submitted to and approved by the commissioner, remediate the hemp 2152 |
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| 2592 | | - | batch from which the sample was taken and have a laboratory employee 2153 |
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| 2593 | | - | randomly select a sample from such remediated hemp batch for testing. 2154 |
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| 2594 | | - | If such randomly selected sample yields satisfactory results for any 2155 |
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| 2595 | | - | testing required under this section, an employee from a different 2156 |
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| 2596 | | - | laboratory shall randomly select a different sample from the same hemp 2157 |
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| 2597 | | - | batch for testing. If both samples yield satisfactory results for all testing 2158 |
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| 2598 | | - | required under this section, the hemp batch from which the samples 2159 |
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| 2599 | | - | were taken may be released for manufacturing, processing or sale; or 2160 |
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| 2600 | | - | (3) If the manufacturer does not retest or remediate, or if any 2161 |
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| 2601 | | - | subsequent laboratory testing does not yield satisfactory results for any 2162 |
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| 2602 | | - | testing required under this section, dispose of the entire batch from 2163 |
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| 2603 | | - | which the sample was taken in accordance with procedures established 2164 |
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| 2604 | | - | by the Commissioner of Consumer Protection pursuant to subdivision 2165 |
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| 2605 | | - | (1) of subsection (i) of this section. 2166 |
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| 2606 | | - | (o) If a sample passes the microbiological, mycotoxin, heavy metal 2167 |
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| 2607 | | - | and pesticide chemical residue test, the independent testing laboratory 2168 |
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| 2608 | | - | shall release the entire batch for manufacturing, processing or sale. 2169 |
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| 2609 | | - | (p) The independent testing laboratory shall file with the Department 2170 |
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| 2610 | | - | of Consumer Protection an electronic copy of each laboratory test result 2171 |
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| 2611 | | - | for any batch that does not pass the microbiological, mycotoxin, heavy 2172 |
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| 2612 | | - | metal or pesticide chemical residue test, at the same time that it 2173 |
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| 2613 | | - | transmits such results to the manufacturer licensee who requested such 2174 |
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| 2614 | | - | testing. Each independent testing laboratory shall maintain the test 2175 |
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| 2615 | | - | results of each tested batch for a period of three years and shall make 2176 Substitute Bill No. 6697 |
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| 2620 | | - | 72 of 96 |
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| 2621 | | - | |
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| 2622 | | - | such results available to the Department of Consumer Protection upon 2177 |
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| 2623 | | - | request. 2178 |
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| 2624 | | - | (q) [Manufacturer licensees] Manufacturers shall maintain records 2179 |
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| 2625 | | - | required by the federal act, this section and any regulation adopted 2180 |
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| 2626 | | - | pursuant to this section. Each manufacturer [licensee] shall make such 2181 |
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| 2627 | | - | records available to the Department of C onsumer Protection 2182 |
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| 2628 | | - | immediately upon request and in electronic format, if available. 2183 |
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| 2629 | | - | (r) The Commissioner of Consumer Protection may adopt 2184 |
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| 2630 | | - | regulations, in accordance with the provisions of chapter 54, to 2185 |
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| 2631 | | - | implement the provisions of this section including, but not limited to, 2186 |
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| 2632 | | - | establishing sampling and testing procedures to ensure compliance 2187 |
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| 2633 | | - | with this section, prescribing storage and disposal procedures for hemp, 2188 |
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| 2634 | | - | marijuana and manufacturer hemp products that fail to pass 2189 |
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| 2635 | | - | Department of Consumer Protection prescribed independent testing 2190 |
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| 2636 | | - | laboratory testing standards and establishing advertising and labeling 2191 |
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| 2637 | | - | requirements for manufacturer hemp products. 2192 |
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| 2638 | | - | (s) Any claim of health impacts, medical effects or physical or mental 2193 |
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| 2639 | | - | benefits shall be prohibited on any advertising for, labeling of or 2194 |
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| 2640 | | - | marketing of manufacturer hemp products regardless of whether such 2195 |
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| 2641 | | - | manufacturer hemp products were manufactured in this state or 2196 |
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| 2642 | | - | another jurisdiction. Any violation of this subsection shall be deemed an 2197 |
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| 2643 | | - | unfair or deceptive trade practice under [chapter 735a] subsection (a) of 2198 |
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| 2644 | | - | section 42-110b. 2199 |
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| 2645 | | - | (t) Not later than February 1, 2020, the Commissioners of Agriculture 2200 |
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| 2646 | | - | and Consumer Protection shall submit a report, in accordance with 2201 |
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| 2647 | | - | section 11-4a, to the joint standing committee of the general assembly 2202 |
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| 2648 | | - | having cognizance of matters relating to the environment on the status 2203 |
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| 2649 | | - | of the pilot program, the development of the state plan and any 2204 |
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| 2650 | | - | regulations for such pilot program or state plan. Additionally such 2205 |
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| 2651 | | - | report shall include any legislative recommendations, including, but not 2206 |
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| 2652 | | - | limited to, any recommendations for requiring the registration of any 2207 |
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| 2653 | | - | manufacturer hemp product offered for sale in this state. 2208 Substitute Bill No. 6697 |
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| 2659 | | - | |
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| 2660 | | - | (u) (1) Any person who sells manufacturer hemp products shall not 2209 |
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| 2661 | | - | be required to be licensed, provided such person only engages in: [(1)] 2210 |
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| 2662 | | - | (A) The retail or wholesale sale of manufacturer hemp products in 2211 |
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| 2663 | | - | which no further manufacturing of hemp occurs, provided such 2212 |
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| 2664 | | - | manufacturer hemp products are acquired from a person authorized to 2213 |
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| 2665 | | - | manufacture the manufacturer hemp products under the laws of this 2214 |
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| 2666 | | - | state or another state, territory or possession of the United States or 2215 |
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| 2667 | | - | another sovereign entity; [(2)] (B) the acquisition of manufacturer hemp 2216 |
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| 2668 | | - | products for the sole purpose of product distribution for resale; [or (3)] 2217 |
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| 2669 | | - | and (C) the retail sale of manufacturer hemp products that is [otherwise] 2218 |
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| 2670 | | - | authorized under federal or state law. 2219 |
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| 2671 | | - | (2) The Commissioner of Consumer Protection or Commissioner of 2220 |
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| 2672 | | - | Revenue Services may, pursuant to section 4-182, summarily suspend 2221 |
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| 2673 | | - | any credential the Department of Consumer Protection or Department 2222 |
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| 2674 | | - | of Revenue Services issued to any person who sells manufacturer hemp 2223 |
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| 2675 | | - | products in violation of subdivision (1) of this subsection. 2224 |
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| 2676 | | - | (v) No manufacturer hemp product offered for sale in this state, or to 2225 |
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| 2677 | | - | a consumer in this state, shall contain any synthetic cannabinoid, as 2226 |
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| 2678 | | - | defined in section 21a-240, as amended by this act. 2227 |
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| 2679 | | - | (w) No manufacturer hemp product offered for sale in this state, or 2228 |
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| 2680 | | - | to a consumer in this state, shall be packaged, presented or advertised 2229 |
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| 2681 | | - | in a manner that is likely to mislead a consumer by incorporating any 2230 |
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| 2682 | | - | statement, brand, design, representation, picture, illustration or other 2231 |
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| 2683 | | - | depiction that: (1) Bears a reasonable resemblance to trademarked or 2232 |
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| 2684 | | - | characteristic packaging of (A) cannabis offered for sale (i) in this state 2233 |
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| 2685 | | - | by a cannabis establishment licensed in this state, or (ii) on tribal land 2234 |
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| 2686 | | - | by a tribal-credentialed cannabis entity, or (B) a commercially available 2235 |
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| 2687 | | - | product other than a cannabis product, as defined in section 21a-420, as 2236 |
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| 2688 | | - | amended by this act; or (2) implies that the manufacturer hemp product 2237 |
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| 2689 | | - | (A) is a cannabis product, as defined in section 21a-420, as amended by 2238 |
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| 2690 | | - | this act, (B) contains a total THC concentration greater than three-tenths 2239 |
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| 2691 | | - | per cent on a dry-weight basis, or (C) is a high-THC hemp product, as 2240 |
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| 2692 | | - | defined in section 21a-240, as amended by this act. 2241 Substitute Bill No. 6697 |
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| 2698 | | - | |
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| 2699 | | - | (x) No manufactured hemp product that is a food, beverage, oil or 2242 |
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| 2700 | | - | other product intended for human ingestion shall be distributed or sold 2243 |
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| 2701 | | - | in this state unless such product is contained within a package, or a label 2244 |
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| 2702 | | - | is affixed to such package, that includes: 2245 |
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| 2703 | | - | (1) A scannable barcode, Internet web site address or quick response 2246 |
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| 2704 | | - | code that is linked to the certificate of analysis of the final form product 2247 |
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| 2705 | | - | batch by an independent testing laboratory and discloses: 2248 |
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| 2706 | | - | (A) The name of such product; 2249 |
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| 2707 | | - | (B) The name, address and telephone number of such product's 2250 |
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| 2708 | | - | manufacturer, packer or distributor; 2251 |
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| 2709 | | - | (C) The batch number, which shall match the batch number on such 2252 |
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| 2710 | | - | package or label; and 2253 |
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| 2711 | | - | (D) The concentration of cannabinoids present in such product, 2254 |
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| 2712 | | - | including, but not limited to, total THC and any marketed cannabinoids 2255 |
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| 2713 | | - | or ingredients, which the Department of Consumer Protection shall 2256 |
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| 2714 | | - | establish in (i) policies and procedures, or (ii) regulations adopted 2257 |
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| 2715 | | - | pursuant to chapter 54; 2258 |
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| 2716 | | - | (2) The expiration or best by date for such product, if applicable; 2259 |
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| 2717 | | - | (3) A clear and conspicuous statement disclosing that: 2260 |
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| 2718 | | - | (A) Children, or those who are pregnant or breastfeeding, should 2261 |
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| 2719 | | - | avoid using such product prior to consulting with a health care 2262 |
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| 2720 | | - | professional concerning such product's safety; 2263 |
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| 2721 | | - | (B) Products containing cannabinoids should be kept out of reach of 2264 |
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| 2722 | | - | children; and 2265 |
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| 2723 | | - | (C) The federal Food and Drug Administration has not evaluated 2266 |
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| 2724 | | - | such product for safety or efficacy; and 2267 |
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| 2725 | | - | (4) If such product is intended to be inhaled, a clear and conspicuous 2268 Substitute Bill No. 6697 |
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| 2730 | | - | 75 of 96 |
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| 2731 | | - | |
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| 2732 | | - | warning statement disclosing that smoking or vaporizing is hazardous 2269 |
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| 2733 | | - | to human health. 2270 |
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| 2734 | | - | (y) No manufactured hemp product that is a topical, soap or cosmetic, 2271 |
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| 2735 | | - | as defined in section 21a-92, shall be distributed or sold in this state 2272 |
|---|
| 2736 | | - | unless such product is contained within a package, or a label is affixed 2273 |
|---|
| 2737 | | - | to such package, that includes: 2274 |
|---|
| 2738 | | - | (1) A scannable barcode, Internet web site address or quick response 2275 |
|---|
| 2739 | | - | code that is linked to the certificate of analysis of the final form extract 2276 |
|---|
| 2740 | | - | or final form product batch by an independent testing laboratory and 2277 |
|---|
| 2741 | | - | discloses: 2278 |
|---|
| 2742 | | - | (A) The name of such product; 2279 |
|---|
| 2743 | | - | (B) The name, address and telephone number of such product's 2280 |
|---|
| 2744 | | - | manufacturer, packer or distributor; 2281 |
|---|
| 2745 | | - | (C) The batch number, which shall match the batch number on such 2282 |
|---|
| 2746 | | - | package or label; and 2283 |
|---|
| 2747 | | - | (D) The concentration of cannabinoids present in such batch, 2284 |
|---|
| 2748 | | - | including, but not limited to, total THC and any marketed cannabinoids; 2285 |
|---|
| 2749 | | - | (2) The expiration or best by date for such product, if applicable; and 2286 |
|---|
| 2750 | | - | (3) The following statement: 2287 |
|---|
| 2751 | | - | "THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY 2288 |
|---|
| 2752 | | - | OR EFFICACY.". 2289 |
|---|
| 2753 | | - | (z) Any violation of subsections (u) to (y), inclusive, of this section 2290 |
|---|
| 2754 | | - | shall be deemed an unfair or deceptive trade practice under subsection 2291 |
|---|
| 2755 | | - | (a) of section 42-110b. 2292 |
|---|
| 2756 | | - | (aa) Not later than December 31, 2023, and at least annually 2293 |
|---|
| 2757 | | - | thereafter, the Department of Emergency Services and Public Protection 2294 |
|---|
| 2758 | | - | shall, in conjunction with the Department of Consumer Protection, 2295 Substitute Bill No. 6697 |
|---|
| 2759 | | - | |
|---|
| 2760 | | - | |
|---|
| 2761 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
|---|
| 2762 | | - | R01-HB.docx } |
|---|
| 2763 | | - | 76 of 96 |
|---|
| 2764 | | - | |
|---|
| 2765 | | - | conduct a training session for local law enforcement agencies and 2296 |
|---|
| 2766 | | - | officers and publish a training bulletin to inform local law enforcement 2297 |
|---|
| 2767 | | - | agencies and officers regarding the investigation and enforcement 2298 |
|---|
| 2768 | | - | standards concerning cannabis and high-THC hemp products. 2299 |
|---|
| 2769 | | - | [(v)] (bb) Notwithstanding any provision of the general statutes: (1) 2300 |
|---|
| 2770 | | - | [Marijuana does not include manufacturer hemp products; (2)] CBD 2301 |
|---|
| 2771 | | - | that is found in manufacturer hemp products shall not be considered a 2302 |
|---|
| 2772 | | - | controlled substance, as defined in section 21a-240, as amended by this 2303 |
|---|
| 2773 | | - | act, or legend drug, as defined in section 20-571; and [(3) cannabinoids] 2304 |
|---|
| 2774 | | - | (2) CBD derived from hemp and contained in manufacturer hemp 2305 |
|---|
| 2775 | | - | products shall not be considered [controlled substances or adulterants] 2306 |
|---|
| 2776 | | - | a controlled substance or adulterant. 2307 |
|---|
| 2777 | | - | Sec. 24. Subsection (a) of section 10-19 of the general statutes is 2308 |
|---|
| 2778 | | - | repealed and the following is substituted in lieu thereof (Effective October 2309 |
|---|
| 2779 | | - | 1, 2023): 2310 |
|---|
| 2780 | | - | (a) The knowledge, skills and attitudes required to understand and 2311 |
|---|
| 2781 | | - | avoid the effects of alcohol, of nicotine or tobacco and of drugs, as 2312 |
|---|
| 2782 | | - | defined in [subdivision (17) of] section 21a-240, as amended by this act, 2313 |
|---|
| 2783 | | - | on health, character, citizenship and personality development shall be 2314 |
|---|
| 2784 | | - | taught every academic year to pupils in all grades in the public schools; 2315 |
|---|
| 2785 | | - | and, in teaching such subjects, textbooks and such other materials as are 2316 |
|---|
| 2786 | | - | necessary shall be used. Annually, at such time and in such manner as 2317 |
|---|
| 2787 | | - | the Commissioner of Education shall request, each local and regional 2318 |
|---|
| 2788 | | - | board of education shall attest to the State Board of Education that all 2319 |
|---|
| 2789 | | - | pupils enrolled in its schools have been taught such subjects pursuant 2320 |
|---|
| 2790 | | - | to this subsection and in accordance with a planned, ongoing and 2321 |
|---|
| 2791 | | - | systematic program of instruction. The content and scheduling of 2322 |
|---|
| 2792 | | - | instruction shall be within the discretion of the local or regional board 2323 |
|---|
| 2793 | | - | of education. Institutions of higher education approved by the State 2324 |
|---|
| 2794 | | - | Board of Education to train teachers shall give instruction on the 2325 |
|---|
| 2795 | | - | subjects prescribed in this section and concerning the best methods of 2326 |
|---|
| 2796 | | - | teaching the same. The State Board of Education and the Board of 2327 |
|---|
| 2797 | | - | Regents for Higher Education in consultation with the Commissioner of 2328 Substitute Bill No. 6697 |
|---|
| 2798 | | - | |
|---|
| 2799 | | - | |
|---|
| 2800 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
|---|
| 2801 | | - | R01-HB.docx } |
|---|
| 2802 | | - | 77 of 96 |
|---|
| 2803 | | - | |
|---|
| 2804 | | - | Mental Health and Addiction Services and the Commissioner of Public 2329 |
|---|
| 2805 | | - | Health shall develop health education or other programs for elementary 2330 |
|---|
| 2806 | | - | and secondary schools and for the training of teachers, administrators 2331 |
|---|
| 2807 | | - | and guidance personnel with reference to understanding and avoiding 2332 |
|---|
| 2808 | | - | the effects of nicotine or tobacco, alcohol and drugs. 2333 |
|---|
| 2809 | | - | Sec. 25. Subsection (a) of section 10-220a of the general statutes is 2334 |
|---|
| 2810 | | - | repealed and the following is substituted in lieu thereof (Effective October 2335 |
|---|
| 2811 | | - | 1, 2023): 2336 |
|---|
| 2812 | | - | (a) Each local or regional board of education shall provide an in-2337 |
|---|
| 2813 | | - | service training program for its teachers, administrators and pupil 2338 |
|---|
| 2814 | | - | personnel who hold the initial educator, provisional educator or 2339 |
|---|
| 2815 | | - | professional educator certificate. Such program shall provide such 2340 |
|---|
| 2816 | | - | teachers, administrators and pupil personnel with information on (1) 2341 |
|---|
| 2817 | | - | the nature and the relationship of alcohol and drugs, as defined in 2342 |
|---|
| 2818 | | - | [subdivision (17) of] section 21a-240, as amended by this act, to health 2343 |
|---|
| 2819 | | - | and personality development, and procedures for discouraging their 2344 |
|---|
| 2820 | | - | abuse, (2) health and mental health risk reduction education that 2345 |
|---|
| 2821 | | - | includes, but need not be limited to, the prevention of risk-taking 2346 |
|---|
| 2822 | | - | behavior by children and the relationship of such behavior to substance 2347 |
|---|
| 2823 | | - | abuse, pregnancy, sexually transmitted diseases, including HIV-2348 |
|---|
| 2824 | | - | infection and AIDS, as defined in section 19a-581, violence, teen dating 2349 |
|---|
| 2825 | | - | violence, domestic violence and child abuse, (3) school violence 2350 |
|---|
| 2826 | | - | prevention, conflict resolution, the prevention of and response to youth 2351 |
|---|
| 2827 | | - | suicide and the identification and prevention of and response to 2352 |
|---|
| 2828 | | - | bullying, as defined in subsection (a) of section 10-222d, except that 2353 |
|---|
| 2829 | | - | those boards of education that implement any evidence-based model 2354 |
|---|
| 2830 | | - | approach that is approved by the Department of Education and is 2355 |
|---|
| 2831 | | - | consistent with subsection (c) of section 10-145a, sections 10-222d, 10-2356 |
|---|
| 2832 | | - | 222g and 10-222h, subsection (g) of section 10-233c and sections 1 and 3 2357 |
|---|
| 2833 | | - | of public act 08-160, shall not be required to provide in-service training 2358 |
|---|
| 2834 | | - | on the identification and prevention of and response to bullying, (4) 2359 |
|---|
| 2835 | | - | cardiopulmonary resuscitation and other emergency life saving 2360 |
|---|
| 2836 | | - | procedures, (5) the requirements and obligations of a mandated 2361 Substitute Bill No. 6697 |
|---|
| 2837 | | - | |
|---|
| 2838 | | - | |
|---|
| 2839 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
|---|
| 2840 | | - | R01-HB.docx } |
|---|
| 2841 | | - | 78 of 96 |
|---|
| 2842 | | - | |
|---|
| 2843 | | - | reporter, (6) the detection and recognition of, and evidence-based 2362 |
|---|
| 2844 | | - | structured literacy interventions for, students with dyslexia, as defined 2363 |
|---|
| 2845 | | - | in section 10-3d, (7) culturally responsive pedagogy and practice, 2364 |
|---|
| 2846 | | - | including, but not limited to, the video training module relating to 2365 |
|---|
| 2847 | | - | implicit bias and anti-bias in the hiring process in accordance with the 2366 |
|---|
| 2848 | | - | provisions of section 10-156hh, and (8) the principles and practices of 2367 |
|---|
| 2849 | | - | social-emotional learning and restorative practices. Each local or 2368 |
|---|
| 2850 | | - | regional board of education may allow any paraprofessional or 2369 |
|---|
| 2851 | | - | noncertified employee to participate, on a voluntary basis, in any in-2370 |
|---|
| 2852 | | - | service training program provided pursuant to this section. 2371 |
|---|
| 2853 | | - | Sec. 26. Subsection (e) of section 10-221 of the general statutes is 2372 |
|---|
| 2854 | | - | repealed and the following is substituted in lieu thereof (Effective October 2373 |
|---|
| 2855 | | - | 1, 2023): 2374 |
|---|
| 2856 | | - | (e) Each local and regional board of education shall develop, adopt 2375 |
|---|
| 2857 | | - | and implement policies and procedures in conformity with section 10-2376 |
|---|
| 2858 | | - | 154a for (1) dealing with the use, sale or possession of alcohol or 2377 |
|---|
| 2859 | | - | controlled drugs, as defined in [subdivision (8) of] section 21a-240, as 2378 |
|---|
| 2860 | | - | amended by this act, by public school students on school property, 2379 |
|---|
| 2861 | | - | including a process for coordination with, and referral of such students 2380 |
|---|
| 2862 | | - | to, appropriate agencies, and (2) cooperating with law enforcement 2381 |
|---|
| 2863 | | - | officials. On and after January 1, 2022, no such policies and procedures 2382 |
|---|
| 2864 | | - | shall result in a student facing greater discipline, punishment or 2383 |
|---|
| 2865 | | - | sanction for use, sale or possession of cannabis than a student would 2384 |
|---|
| 2866 | | - | face for the use, sale or possession of alcohol. 2385 |
|---|
| 2867 | | - | Sec. 27. Subsections (a) to (e), inclusive, of section 10-233d of the 2386 |
|---|
| 2868 | | - | general statutes are repealed and the following is substituted in lieu 2387 |
|---|
| 2869 | | - | thereof (Effective October 1, 2023): 2388 |
|---|
| 2870 | | - | (a) (1) Any local or regional board of education, at a meeting at which 2389 |
|---|
| 2871 | | - | three or more members of such board are present, or the impartial 2390 |
|---|
| 2872 | | - | hearing board established pursuant to subsection (b) of this section, may 2391 |
|---|
| 2873 | | - | expel, subject to the provisions of this subsection, any pupil in grades 2392 |
|---|
| 2874 | | - | three to twelve, inclusive, whose conduct on school grounds or at a 2393 Substitute Bill No. 6697 |
|---|
| 2875 | | - | |
|---|
| 2876 | | - | |
|---|
| 2877 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
|---|
| 2878 | | - | R01-HB.docx } |
|---|
| 2879 | | - | 79 of 96 |
|---|
| 2880 | | - | |
|---|
| 2881 | | - | school-sponsored activity is violative of a publicized policy of such 2394 |
|---|
| 2882 | | - | board and is seriously disruptive of the educational process or 2395 |
|---|
| 2883 | | - | endangers persons or property or whose conduct off school grounds is 2396 |
|---|
| 2884 | | - | violative of such policy and is seriously disruptive of the educational 2397 |
|---|
| 2885 | | - | process, provided a majority of the board members sitting in the 2398 |
|---|
| 2886 | | - | expulsion hearing vote to expel and that at least three affirmative votes 2399 |
|---|
| 2887 | | - | for expulsion are cast. In making a determination as to whether conduct 2400 |
|---|
| 2888 | | - | is seriously disruptive of the educational process, the board of education 2401 |
|---|
| 2889 | | - | or impartial hearing board may consider, but such consideration shall 2402 |
|---|
| 2890 | | - | not be limited to: (A) Whether the incident occurred within close 2403 |
|---|
| 2891 | | - | proximity of a school; (B) whether other students from the school were 2404 |
|---|
| 2892 | | - | involved or whether there was any gang involvement; (C) whether the 2405 |
|---|
| 2893 | | - | conduct involved violence, threats of violence or the unlawful use of a 2406 |
|---|
| 2894 | | - | weapon, as defined in section 29-38, and whether any injuries occurred; 2407 |
|---|
| 2895 | | - | and (D) whether the conduct involved the use of alcohol. 2408 |
|---|
| 2896 | | - | (2) Expulsion proceedings pursuant to this section, except as 2409 |
|---|
| 2897 | | - | provided in subsection (i) of this section, shall be required for any pupil 2410 |
|---|
| 2898 | | - | in grades kindergarten to twelve, inclusive, whenever there is reason to 2411 |
|---|
| 2899 | | - | believe that any pupil (A) on school grounds or at a school-sponsored 2412 |
|---|
| 2900 | | - | activity, was in possession of a firearm, as defined in 18 USC 921, as 2413 |
|---|
| 2901 | | - | amended from time to time, or deadly weapon, dangerous instrument 2414 |
|---|
| 2902 | | - | or martial arts weapon, as defined in section 53a-3, (B) off school 2415 |
|---|
| 2903 | | - | grounds, did possess such a firearm in violation of section 29-35 or did 2416 |
|---|
| 2904 | | - | possess and use such a firearm, instrument or weapon in the 2417 |
|---|
| 2905 | | - | commission of a crime under chapter 952, or (C) on or off school 2418 |
|---|
| 2906 | | - | grounds, offered for sale or distribution a controlled substance, as 2419 |
|---|
| 2907 | | - | defined in [subdivision (9) of] section 21a-240, as amended by this act, 2420 |
|---|
| 2908 | | - | whose manufacture, distribution, sale, prescription, dispensing, 2421 |
|---|
| 2909 | | - | transporting or possessing with intent to sell or dispense, offering, or 2422 |
|---|
| 2910 | | - | administering is subject to criminal penalties under sections 21a-277, as 2423 |
|---|
| 2911 | | - | amended by this act, and 21a-278, as amended by this act. Such a pupil 2424 |
|---|
| 2912 | | - | shall be expelled for one calendar year if the local or regional board of 2425 |
|---|
| 2913 | | - | education or impartial hearing board finds that the pupil did so possess 2426 |
|---|
| 2914 | | - | or so possess and use, as appropriate, such a firearm, instrument or 2427 Substitute Bill No. 6697 |
|---|
| 2915 | | - | |
|---|
| 2916 | | - | |
|---|
| 2917 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
|---|
| 2918 | | - | R01-HB.docx } |
|---|
| 2919 | | - | 80 of 96 |
|---|
| 2920 | | - | |
|---|
| 2921 | | - | weapon or did so offer for sale or distribution such a controlled 2428 |
|---|
| 2922 | | - | substance, provided the board of education or the hearing board may 2429 |
|---|
| 2923 | | - | modify the period of expulsion for a pupil on a case-by-case basis, and 2430 |
|---|
| 2924 | | - | as provided for in subdivision (2) of subsection (c) of this section. 2431 |
|---|
| 2925 | | - | (3) Unless an emergency exists, no pupil shall be expelled without a 2432 |
|---|
| 2926 | | - | formal hearing held pursuant to sections 4-176e to 4-180a, inclusive, and 2433 |
|---|
| 2927 | | - | section 4-181a, provided whenever such pupil is a minor, the notice 2434 |
|---|
| 2928 | | - | required by section 4-177 and section 4-180 shall also be given to the 2435 |
|---|
| 2929 | | - | parents or guardian of the pupil at least five business days before such 2436 |
|---|
| 2930 | | - | hearing. If an emergency exists, such hearing shall be held as soon after 2437 |
|---|
| 2931 | | - | the expulsion as possible. The notice shall include information 2438 |
|---|
| 2932 | | - | concerning the parent's or guardian's and the pupil's legal rights and 2439 |
|---|
| 2933 | | - | concerning legal services provided free of charge or at a reduced rate 2440 |
|---|
| 2934 | | - | that are available locally and how to access such services. An attorney 2441 |
|---|
| 2935 | | - | or other advocate may represent any pupil subject to expulsion 2442 |
|---|
| 2936 | | - | proceedings. The parent or guardian of the pupil shall have the right to 2443 |
|---|
| 2937 | | - | have the expulsion hearing postponed for up to one week to allow time 2444 |
|---|
| 2938 | | - | to obtain representation, except that if an emergency exists, such hearing 2445 |
|---|
| 2939 | | - | shall be held as soon after the expulsion as possible. 2446 |
|---|
| 2940 | | - | (b) For purposes of conducting expulsion hearings as required by 2447 |
|---|
| 2941 | | - | subsection (a) of this section, any local or regional board of education or 2448 |
|---|
| 2942 | | - | any two or more of such boards in cooperation may establish an 2449 |
|---|
| 2943 | | - | impartial hearing board of one or more persons. No member of any such 2450 |
|---|
| 2944 | | - | board or boards shall be a member of the hearing board. The hearing 2451 |
|---|
| 2945 | | - | board shall have the authority to conduct the expulsion hearing and 2452 |
|---|
| 2946 | | - | render a final decision in accordance with the provisions of sections 4-2453 |
|---|
| 2947 | | - | 176e to 4-180a, inclusive, and section 4-181a. 2454 |
|---|
| 2948 | | - | (c) (1) In determining the length of an expulsion and the nature of the 2455 |
|---|
| 2949 | | - | alternative educational opportunity to be offered under subsection (d) 2456 |
|---|
| 2950 | | - | of this section, the local or regional board of education, or the impartial 2457 |
|---|
| 2951 | | - | hearing board established pursuant to subsection (b) of this section, may 2458 |
|---|
| 2952 | | - | receive and consider evidence of past disciplinary problems that have 2459 |
|---|
| 2953 | | - | led to removal from a classroom, suspension or expulsion of such pupil. 2460 Substitute Bill No. 6697 |
|---|
| 2954 | | - | |
|---|
| 2955 | | - | |
|---|
| 2956 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
|---|
| 2957 | | - | R01-HB.docx } |
|---|
| 2958 | | - | 81 of 96 |
|---|
| 2959 | | - | |
|---|
| 2960 | | - | (2) For any pupil expelled for the first time pursuant to this section 2461 |
|---|
| 2961 | | - | and who has never been suspended pursuant to section 10-233c, except 2462 |
|---|
| 2962 | | - | for a pupil who has been expelled based on possession of a firearm or 2463 |
|---|
| 2963 | | - | deadly weapon as described in subsection (a) of this section, the local or 2464 |
|---|
| 2964 | | - | regional board of education may shorten the length of or waive the 2465 |
|---|
| 2965 | | - | expulsion period if the pupil successfully completes a board-specified 2466 |
|---|
| 2966 | | - | program and meets any other conditions required by the board. Such 2467 |
|---|
| 2967 | | - | board-specified program shall not require the pupil or the parent or 2468 |
|---|
| 2968 | | - | guardian of the pupil to pay for participation in the program. 2469 |
|---|
| 2969 | | - | (d) No local or regional board of education is required to offer an 2470 |
|---|
| 2970 | | - | alternative educational opportunity, except in accordance with this 2471 |
|---|
| 2971 | | - | section. Any pupil under sixteen years of age who is expelled shall be 2472 |
|---|
| 2972 | | - | offered an alternative educational opportunity, which shall be (1) 2473 |
|---|
| 2973 | | - | alternative education, as defined by section 10-74j, with an 2474 |
|---|
| 2974 | | - | individualized learning plan, if such board provides such alternative 2475 |
|---|
| 2975 | | - | education, or (2) in accordance with the standards adopted by the State 2476 |
|---|
| 2976 | | - | Board of Education, pursuant to section 10-233o, during the period of 2477 |
|---|
| 2977 | | - | expulsion, provided any parent or guardian of such pupil who does not 2478 |
|---|
| 2978 | | - | choose to have [his or her] such parent's or guardian's child enrolled in 2479 |
|---|
| 2979 | | - | an alternative educational opportunity shall not be subject to the 2480 |
|---|
| 2980 | | - | provisions of section 10-184. Any pupil expelled for the first time who 2481 |
|---|
| 2981 | | - | is between the ages of sixteen and eighteen and who wishes to continue 2482 |
|---|
| 2982 | | - | [his or her] such pupil's education shall be offered such an alternative 2483 |
|---|
| 2983 | | - | educational opportunity if [he or she] such pupil complies with 2484 |
|---|
| 2984 | | - | conditions established by [his or her] such pupil's local or regional board 2485 |
|---|
| 2985 | | - | of education. Such alternative educational opportunity may include, but 2486 |
|---|
| 2986 | | - | shall not be limited to, the placement of a pupil who is at least seventeen 2487 |
|---|
| 2987 | | - | years of age in an adult education program pursuant to section 10-69. 2488 |
|---|
| 2988 | | - | Any pupil participating in any such adult education program during a 2489 |
|---|
| 2989 | | - | period of expulsion shall not be required to withdraw from school under 2490 |
|---|
| 2990 | | - | section 10-184. A local or regional board of education shall count the 2491 |
|---|
| 2991 | | - | expulsion of a pupil when [he] the pupil was under sixteen years of age 2492 |
|---|
| 2992 | | - | for purposes of determining whether an alternative educational 2493 |
|---|
| 2993 | | - | opportunity is required for such pupil when [he] such pupil is between 2494 Substitute Bill No. 6697 |
|---|
| 2994 | | - | |
|---|
| 2995 | | - | |
|---|
| 2996 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
|---|
| 2997 | | - | R01-HB.docx } |
|---|
| 2998 | | - | 82 of 96 |
|---|
| 2999 | | - | |
|---|
| 3000 | | - | the ages of sixteen and eighteen. A local or regional board of education 2495 |
|---|
| 3001 | | - | may offer an alternative educational opportunity to a pupil for whom 2496 |
|---|
| 3002 | | - | such alternative educational opportunity is not required pursuant to 2497 |
|---|
| 3003 | | - | this section. 2498 |
|---|
| 3004 | | - | (e) If a pupil is expelled pursuant to this section for possession of a 2499 |
|---|
| 3005 | | - | firearm, as defined in 18 USC 921, as amended from time to time, or 2500 |
|---|
| 3006 | | - | deadly weapon, dangerous instrument or martial arts weapon, as 2501 |
|---|
| 3007 | | - | defined in section 53a-3, the board of education shall report the violation 2502 |
|---|
| 3008 | | - | to the local police department or in the case of a student enrolled in a 2503 |
|---|
| 3009 | | - | technical education and career school to the state police. If a pupil is 2504 |
|---|
| 3010 | | - | expelled pursuant to this section for the sale or distribution of a 2505 |
|---|
| 3011 | | - | controlled substance, as defined in [subdivision (9) of] section 21a-240, 2506 |
|---|
| 3012 | | - | as amended by this act, whose manufacture, distribution, sale, 2507 |
|---|
| 3013 | | - | prescription, dispensing, transporting or possessing with the intent to 2508 |
|---|
| 3014 | | - | sell or dispense, offering, or administration is subject to criminal 2509 |
|---|
| 3015 | | - | penalties under sections 21a-277, as amended by this act, and 21a-278, 2510 |
|---|
| 3016 | | - | as amended by this act, the board of education shall refer the pupil to 2511 |
|---|
| 3017 | | - | an appropriate state or local agency for rehabilitation, intervention or 2512 |
|---|
| 3018 | | - | job training, or any combination thereof, and inform the agency of its 2513 |
|---|
| 3019 | | - | action. 2514 |
|---|
| 3020 | | - | Sec. 28. Section 10a-18 of the general statutes is repealed and the 2515 |
|---|
| 3021 | | - | following is substituted in lieu thereof (Effective October 1, 2023): 2516 |
|---|
| 3022 | | - | On and after September 1, 1974, all state institutions of higher 2517 |
|---|
| 3023 | | - | education shall offer a program of information concerning drugs, as 2518 |
|---|
| 3024 | | - | defined in [subdivision (17) of] section 21a-240, as amended by this act, 2519 |
|---|
| 3025 | | - | and alcohol and instruction in the use and the relationships of such 2520 |
|---|
| 3026 | | - | drugs and alcohol to health and personality development, and in 2521 |
|---|
| 3027 | | - | procedures for discouraging their abuse, which programs shall be 2522 |
|---|
| 3028 | | - | coordinated with those developed under section 10-19, as amended by 2523 |
|---|
| 3029 | | - | this act. 2524 |
|---|
| 3030 | | - | Sec. 29. Subdivision (4) of subsection (a) of section 10a-55c of the 2525 |
|---|
| 3031 | | - | general statutes is repealed and the following is substituted in lieu 2526 Substitute Bill No. 6697 |
|---|
| 3032 | | - | |
|---|
| 3033 | | - | |
|---|
| 3034 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
|---|
| 3035 | | - | R01-HB.docx } |
|---|
| 3036 | | - | 83 of 96 |
|---|
| 3037 | | - | |
|---|
| 3038 | | - | thereof (Effective October 1, 2023): 2527 |
|---|
| 3039 | | - | (4) A statement of policy regarding the possession, use and sale of 2528 |
|---|
| 3040 | | - | alcoholic beverages and controlled substances, as defined in 2529 |
|---|
| 3041 | | - | [subdivision (9) of] section 21a-240, as amended by this act; 2530 |
|---|
| 3042 | | - | Sec. 30. Subsection (b) of section 20-34 of the general statutes is 2531 |
|---|
| 3043 | | - | repealed and the following is substituted in lieu thereof (Effective October 2532 |
|---|
| 3044 | | - | 1, 2023): 2533 |
|---|
| 3045 | | - | (b) For purposes of subsection (a) of this section, "natural substances" 2534 |
|---|
| 3046 | | - | means substances that are not narcotic substances, as defined in 2535 |
|---|
| 3047 | | - | [subdivision (30) of] section 21a-240, as amended by this act, do not 2536 |
|---|
| 3048 | | - | require the written or oral prescription of a licensed practitioner to be 2537 |
|---|
| 3049 | | - | dispensed and are only administered orally. 2538 |
|---|
| 3050 | | - | Sec. 31. Subsection (a) of section 21a-248 of the general statutes is 2539 |
|---|
| 3051 | | - | repealed and the following is substituted in lieu thereof (Effective October 2540 |
|---|
| 3052 | | - | 1, 2023): 2541 |
|---|
| 3053 | | - | (a) A licensed manufacturer or wholesaler may sell and dispense 2542 |
|---|
| 3054 | | - | controlled drugs to any of the following-named persons, but in the case 2543 |
|---|
| 3055 | | - | of schedule II drugs only on an official written order or electronically 2544 |
|---|
| 3056 | | - | through the Drug Enforcement Agency's Controlled Substance 2545 |
|---|
| 3057 | | - | Ordering System: (1) To a manufacturer, wholesaler or pharmacist; (2) 2546 |
|---|
| 3058 | | - | to a physician, dentist or veterinarian; (3) to a person in charge of a 2547 |
|---|
| 3059 | | - | hospital, incorporated college or scientific institution, but only for use 2548 |
|---|
| 3060 | | - | by or in that hospital, incorporated college or scientific institution for 2549 |
|---|
| 3061 | | - | medical or scientific purposes; (4) to a person in charge of a laboratory, 2550 |
|---|
| 3062 | | - | but only for use in that laboratory for scientific and medical purposes; 2551 |
|---|
| 3063 | | - | and (5) to any registrant as defined in [subdivision (47) of] section 21a-2552 |
|---|
| 3064 | | - | 240, as amended by this act. 2553 |
|---|
| 3065 | | - | Sec. 32. Section 21a-263 of the general statutes is repealed and the 2554 |
|---|
| 3066 | | - | following is substituted in lieu thereof (Effective October 1, 2023): 2555 |
|---|
| 3067 | | - | The Commissioner of Consumer Protection may receive, take into 2556 Substitute Bill No. 6697 |
|---|
| 3068 | | - | |
|---|
| 3069 | | - | |
|---|
| 3070 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
|---|
| 3071 | | - | R01-HB.docx } |
|---|
| 3072 | | - | 84 of 96 |
|---|
| 3073 | | - | |
|---|
| 3074 | | - | custody or destroy any drug paraphernalia as defined in subdivision 2557 |
|---|
| 3075 | | - | [(20)] (19) of section 21a-240, as amended by this act. Said commissioner 2558 |
|---|
| 3076 | | - | shall keep a full and complete record of all drug paraphernalia received 2559 |
|---|
| 3077 | | - | and disposed of, showing the exact kinds, quantities and forms of such 2560 |
|---|
| 3078 | | - | drug paraphernalia, the persons from whom received, by whose 2561 |
|---|
| 3079 | | - | authority received and destroyed, and the dates of the receipt or 2562 |
|---|
| 3080 | | - | destruction. Drug paraphernalia held by law enforcement agencies or 2563 |
|---|
| 3081 | | - | court officials as evidence in criminal proceedings, or drug 2564 |
|---|
| 3082 | | - | paraphernalia seized or held as contraband shall be destroyed upon the 2565 |
|---|
| 3083 | | - | order of the court by the seizing authority or delivered to the 2566 |
|---|
| 3084 | | - | Commissioner of Consumer Protection as soon as possible upon 2567 |
|---|
| 3085 | | - | termination of the proceedings or resolution of the case. 2568 |
|---|
| 3086 | | - | Sec. 33. Subsection (a) of section 21a-267 of the general statutes is 2569 |
|---|
| 3087 | | - | repealed and the following is substituted in lieu thereof (Effective October 2570 |
|---|
| 3088 | | - | 1, 2023): 2571 |
|---|
| 3089 | | - | (a) No person shall use or possess with intent to use drug 2572 |
|---|
| 3090 | | - | paraphernalia, as defined in subdivision [(20)] (19) of section 21a-240, as 2573 |
|---|
| 3091 | | - | amended by this act, to plant, propagate, cultivate, grow, harvest, 2574 |
|---|
| 3092 | | - | manufacture, compound, convert, produce, process, prepare, test, 2575 |
|---|
| 3093 | | - | analyze, pack, repack, store, contain or conceal, or to ingest, inhale or 2576 |
|---|
| 3094 | | - | otherwise introduce into the human body, any controlled substance, as 2577 |
|---|
| 3095 | | - | defined in [subdivision (9) of] section 21a-240, as amended by this act, 2578 |
|---|
| 3096 | | - | other than cannabis. Any person who violates any provision of this 2579 |
|---|
| 3097 | | - | subsection shall be guilty of a class C misdemeanor. 2580 |
|---|
| 3098 | | - | Sec. 34. Section 21a-270 of the general statutes is repealed and the 2581 |
|---|
| 3099 | | - | following is substituted in lieu thereof (Effective October 1, 2023): 2582 |
|---|
| 3100 | | - | In determining whether any object or material listed in subdivision 2583 |
|---|
| 3101 | | - | [(20)] (19) of section 21a-240, as amended by this act, shall be deemed 2584 |
|---|
| 3102 | | - | "drug paraphernalia", a court or other authority shall, in addition to all 2585 |
|---|
| 3103 | | - | other logically relevant factors, consider the following: 2586 |
|---|
| 3104 | | - | (1) Statements by an owner or by anyone in control of the object 2587 Substitute Bill No. 6697 |
|---|
| 3105 | | - | |
|---|
| 3106 | | - | |
|---|
| 3107 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
|---|
| 3108 | | - | R01-HB.docx } |
|---|
| 3109 | | - | 85 of 96 |
|---|
| 3110 | | - | |
|---|
| 3111 | | - | concerning its use; 2588 |
|---|
| 3112 | | - | (2) The proximity of the object to any controlled substances; 2589 |
|---|
| 3113 | | - | (3) The existence of any residue of controlled substances on the object; 2590 |
|---|
| 3114 | | - | (4) Evidence of the intent of an owner, or of anyone in control of the 2591 |
|---|
| 3115 | | - | object, to deliver it to persons whom he knows, or should reasonably 2592 |
|---|
| 3116 | | - | know, intend to use the object to facilitate a violation of this section, 2593 |
|---|
| 3117 | | - | subdivision [(20)] (19) of section 21a-240, as amended by this act, and 2594 |
|---|
| 3118 | | - | sections 21a-263, as amended by this act, 21a-267, as amended by this 2595 |
|---|
| 3119 | | - | act, and 21a-271, as amended by this act; 2596 |
|---|
| 3120 | | - | (5) Instructions, oral or written, provided with the object concerning 2597 |
|---|
| 3121 | | - | its use with a controlled substance; 2598 |
|---|
| 3122 | | - | (6) Descriptive materials accompanying the object which explain or 2599 |
|---|
| 3123 | | - | depict its use with a controlled substance; 2600 |
|---|
| 3124 | | - | (7) National and local advertising concerning its use; 2601 |
|---|
| 3125 | | - | (8) The manner in which the object is displayed for sale; 2602 |
|---|
| 3126 | | - | (9) Whether the owner, or anyone in control of the object, is a 2603 |
|---|
| 3127 | | - | legitimate supplier of like or related items to the community, such as a 2604 |
|---|
| 3128 | | - | licensed distributor or dealer of tobacco products; 2605 |
|---|
| 3129 | | - | (10) Evidence of the ratio of sales of the object to the total sales of the 2606 |
|---|
| 3130 | | - | business enterprise; 2607 |
|---|
| 3131 | | - | (11) The existence and scope of legitimate uses for the object in the 2608 |
|---|
| 3132 | | - | community; 2609 |
|---|
| 3133 | | - | (12) Expert testimony concerning its use. 2610 |
|---|
| 3134 | | - | Sec. 35. Section 21a-271 of the general statutes is repealed and the 2611 |
|---|
| 3135 | | - | following is substituted in lieu thereof (Effective October 1, 2023): 2612 |
|---|
| 3136 | | - | If any section, part, clause or phrase in subdivision [(20)] (19) of 2613 Substitute Bill No. 6697 |
|---|
| 3137 | | - | |
|---|
| 3138 | | - | |
|---|
| 3139 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
|---|
| 3140 | | - | R01-HB.docx } |
|---|
| 3141 | | - | 86 of 96 |
|---|
| 3142 | | - | |
|---|
| 3143 | | - | section 21a-240, as amended by this act, section 21a-263, as amended by 2614 |
|---|
| 3144 | | - | this act, 21a-267, as amended by this act, 21a-270, as amended by this 2615 |
|---|
| 3145 | | - | act, or this section, is for any reason held to be invalid or 2616 |
|---|
| 3146 | | - | unconstitutional, sections, parts, clauses and phrases in said sections not 2617 |
|---|
| 3147 | | - | held to be invalid or unconstitutional shall not be affected and shall 2618 |
|---|
| 3148 | | - | remain in full force and effect. 2619 |
|---|
| 3149 | | - | Sec. 36. Subsection (c) of section 21a-277 of the general statutes is 2620 |
|---|
| 3150 | | - | repealed and the following is substituted in lieu thereof (Effective October 2621 |
|---|
| 3151 | | - | 1, 2023): 2622 |
|---|
| 3152 | | - | (c) No person may knowingly possess drug paraphernalia in a drug 2623 |
|---|
| 3153 | | - | factory situation as defined by subdivision [(20)] (19) of section 21a-240, 2624 |
|---|
| 3154 | | - | as amended by this act, for the unlawful mixing, compounding or 2625 |
|---|
| 3155 | | - | otherwise preparing any controlled substance for purposes of violation 2626 |
|---|
| 3156 | | - | of this chapter. 2627 |
|---|
| 3157 | | - | Sec. 37. Subdivision (1) of subsection (b) of section 21a-278 of the 2628 |
|---|
| 3158 | | - | general statutes is repealed and the following is substituted in lieu 2629 |
|---|
| 3159 | | - | thereof (Effective October 1, 2023): 2630 |
|---|
| 3160 | | - | (b) (1) No person may manufacture, distribute, sell, prescribe, 2631 |
|---|
| 3161 | | - | dispense, compound, transport with the intent to sell or dispense, 2632 |
|---|
| 3162 | | - | possess with the intent to sell or dispense, offer, give or administer to 2633 |
|---|
| 3163 | | - | another person, except as authorized in this chapter or chapter 420f, (A) 2634 |
|---|
| 3164 | | - | a narcotic substance, (B) a hallucinogenic substance, (C) an 2635 |
|---|
| 3165 | | - | amphetamine-type substance, or (D) one kilogram or more of [a 2636 |
|---|
| 3166 | | - | cannabis-type substance] marijuana. The provisions of this subdivision 2637 |
|---|
| 3167 | | - | shall not apply to a person who is, at the time of the commission of the 2638 |
|---|
| 3168 | | - | offense, a drug-dependent person. 2639 |
|---|
| 3169 | | - | Sec. 38. Subsection (k) of section 21a-420d of the general statutes is 2640 |
|---|
| 3170 | | - | repealed and the following is substituted in lieu thereof (Effective October 2641 |
|---|
| 3171 | | - | 1, 2023): 2642 |
|---|
| 3172 | | - | (k) The council shall develop criteria for evaluating the ownership 2643 |
|---|
| 3173 | | - | and control of any equity joint venture created under section 21a-420m, 2644 Substitute Bill No. 6697 |
|---|
| 3174 | | - | |
|---|
| 3175 | | - | |
|---|
| 3176 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
|---|
| 3177 | | - | R01-HB.docx } |
|---|
| 3178 | | - | 87 of 96 |
|---|
| 3179 | | - | |
|---|
| 3180 | | - | as amended by this act, 21a-420u, as amended by this act, or section 21a-2645 |
|---|
| 3181 | | - | 420j, as amended by this act, and shall review and approve or deny in 2646 |
|---|
| 3182 | | - | writing such equity joint venture prior to such equity joint venture being 2647 |
|---|
| 3183 | | - | licensed under section 21a-420m, as amended by this act, 21a-420u, as 2648 |
|---|
| 3184 | | - | amended by this act, or section 21a-420j, as amended by this act. After 2649 |
|---|
| 3185 | | - | developing criteria for social equity plans as described in subdivision 2650 |
|---|
| 3186 | | - | (5) of subsection (h) of this section, the council shall review and approve 2651 |
|---|
| 3187 | | - | or deny in writing any such plan submitted by a cannabis establishment 2652 |
|---|
| 3188 | | - | as part of its final license application. The council shall not approve any 2653 |
|---|
| 3189 | | - | equity joint venture applicant which shares with an equity joint venture 2654 |
|---|
| 3190 | | - | any individual owner who meets the criteria established in 2655 |
|---|
| 3191 | | - | subparagraphs (A) and (B) of subdivision [(48)] (47) of section 21a-420, 2656 |
|---|
| 3192 | | - | as amended by this act. 2657 |
|---|
| 3193 | | - | Sec. 39. Subsection (a) of section 54-142v of the general statutes is 2658 |
|---|
| 3194 | | - | repealed and the following is substituted in lieu thereof (Effective October 2659 |
|---|
| 3195 | | - | 1, 2023): 2660 |
|---|
| 3196 | | - | (a) (1) Any person who has been convicted in any court in this state 2661 |
|---|
| 3197 | | - | (A) (i) on October 1, 2015, or thereafter, and prior to July 1, 2021, or (ii) 2662 |
|---|
| 3198 | | - | prior to January 1, 2000, of a violation of section 21a-279 for possession 2663 |
|---|
| 3199 | | - | of [a cannabis-type substance] cannabis and the amount possessed was 2664 |
|---|
| 3200 | | - | less than or equal to four ounces of such substance, (B) prior to July 1, 2665 |
|---|
| 3201 | | - | 2021, of a violation of subsection (a) of section 21a-267, as amended by 2666 |
|---|
| 3202 | | - | this act, for use or possession with intent to use of drug paraphernalia 2667 |
|---|
| 3203 | | - | to store, contain or conceal, or to ingest, inhale or otherwise introduce 2668 |
|---|
| 3204 | | - | into the human body cannabis, or (C) prior to July 1, 2021, of a violation 2669 |
|---|
| 3205 | | - | of subsection (b) of section 21a-277 for manufacturing, distributing, 2670 |
|---|
| 3206 | | - | selling, prescribing, compounding, transporting with the intent to sell 2671 |
|---|
| 3207 | | - | or dispense, possessing with the intent to sell or dispense, offering, 2672 |
|---|
| 3208 | | - | giving or administering to another person [a cannabis-type substance] 2673 |
|---|
| 3209 | | - | cannabis and the amount involved was less than or equal to four ounces 2674 |
|---|
| 3210 | | - | or six plants grown inside such person's own primary residence for 2675 |
|---|
| 3211 | | - | personal use may file a petition with the Superior Court at the location 2676 |
|---|
| 3212 | | - | in which such conviction was effected, or with the Superior Court at the 2677 Substitute Bill No. 6697 |
|---|
| 3213 | | - | |
|---|
| 3214 | | - | |
|---|
| 3215 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
|---|
| 3216 | | - | R01-HB.docx } |
|---|
| 3217 | | - | 88 of 96 |
|---|
| 3218 | | - | |
|---|
| 3219 | | - | location having custody of the records of such conviction or if such 2678 |
|---|
| 3220 | | - | conviction was in the Court of Common Pleas, Circuit Court, municipal 2679 |
|---|
| 3221 | | - | court or by a trial justice, in the Superior Court where venue would 2680 |
|---|
| 3222 | | - | currently exist for criminal prosecution, for an order of erasure. 2681 |
|---|
| 3223 | | - | (2) As part of such petition, such person shall include a copy of the 2682 |
|---|
| 3224 | | - | arrest record or an affidavit supporting such person's petition that, in 2683 |
|---|
| 3225 | | - | the case of a violation of section 21a-279, such person possessed four 2684 |
|---|
| 3226 | | - | ounces or less of [a cannabis-type substance] cannabis for which such 2685 |
|---|
| 3227 | | - | person was convicted, in the case of a violation of subsection (a) of 2686 |
|---|
| 3228 | | - | section 21a-267, as amended by this act, such person used or possessed 2687 |
|---|
| 3229 | | - | with intent to use such drug paraphernalia only to store, contain or 2688 |
|---|
| 3230 | | - | conceal, or to ingest, inhale or otherwise introduce into the human body 2689 |
|---|
| 3231 | | - | cannabis or in the case of a violation of subsection (b) of section 21a-277, 2690 |
|---|
| 3232 | | - | such person manufactured, distributed, sold, prescribed, compounded, 2691 |
|---|
| 3233 | | - | transported with the intent to sell or dispense, possessed with the intent 2692 |
|---|
| 3234 | | - | to sell or dispense, offered, gave or administered to another person less 2693 |
|---|
| 3235 | | - | than or equal to four ounces of [a cannabis-type substance] marijuana or 2694 |
|---|
| 3236 | | - | six cannabis plants grown inside such person's own primary residence 2695 |
|---|
| 3237 | | - | for personal use. 2696 |
|---|
| 3238 | | - | (3) If such petition is in order, the Superior Court shall direct all police 2697 |
|---|
| 3239 | | - | and court records and records of the state's or prosecuting attorney 2698 |
|---|
| 3240 | | - | pertaining to such offense to be erased pursuant to the provisions of 2699 |
|---|
| 3241 | | - | section 54-142a. 2700 |
|---|
| 3242 | | - | (4) No fee may be charged in any court with respect to any petition 2701 |
|---|
| 3243 | | - | under this subsection. 2702 |
|---|
| 3244 | | - | Sec. 40. Section 38a-492 of the general statutes is repealed and the 2703 |
|---|
| 3245 | | - | following is substituted in lieu thereof (Effective October 1, 2023): 2704 |
|---|
| 3246 | | - | No individual health insurance policy providing coverage of the type 2705 |
|---|
| 3247 | | - | specified in subdivisions (1), (2), (4), (6), (10) and (11) of section 38a-469 2706 |
|---|
| 3248 | | - | shall be delivered, issued for delivery or renewed in this state, or 2707 |
|---|
| 3249 | | - | amended to substantially alter or change benefits or coverage, on or 2708 Substitute Bill No. 6697 |
|---|
| 3250 | | - | |
|---|
| 3251 | | - | |
|---|
| 3252 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
|---|
| 3253 | | - | R01-HB.docx } |
|---|
| 3254 | | - | 89 of 96 |
|---|
| 3255 | | - | |
|---|
| 3256 | | - | after July 1, 1975, unless persons covered under such policy will be 2709 |
|---|
| 3257 | | - | eligible for benefits for expenses of emergency medical care arising from 2710 |
|---|
| 3258 | | - | accidental ingestion or consumption of a controlled drug, as defined by 2711 |
|---|
| 3259 | | - | [subdivision (8) of] section 21a-240, as amended by this act, which are at 2712 |
|---|
| 3260 | | - | least equal to the following minimum requirements: (1) In the case of 2713 |
|---|
| 3261 | | - | benefits based upon confinement as an inpatient in a hospital, whether 2714 |
|---|
| 3262 | | - | or not operated by the state, the period of confinement for which 2715 |
|---|
| 3263 | | - | benefits shall be payable shall be at least thirty days in any calendar 2716 |
|---|
| 3264 | | - | year. (2) For covered expenses incurred by the insured while other than 2717 |
|---|
| 3265 | | - | an inpatient in a hospital, benefits shall be available for such expenses 2718 |
|---|
| 3266 | | - | during any calendar year up to a maximum of five hundred dollars. For 2719 |
|---|
| 3267 | | - | purposes of this section, the term "covered expenses" means the 2720 |
|---|
| 3268 | | - | reasonable charges for treatment deemed necessary under generally 2721 |
|---|
| 3269 | | - | accepted medical standards. 2722 |
|---|
| 3270 | | - | Sec. 41. Section 38a-518 of the general statutes is repealed and the 2723 |
|---|
| 3271 | | - | following is substituted in lieu thereof (Effective October 1, 2023): 2724 |
|---|
| 3272 | | - | No group health insurance policy providing coverage of the type 2725 |
|---|
| 3273 | | - | specified in subdivisions (1), (2), (4), (6) and (11) of section 38a-469 shall 2726 |
|---|
| 3274 | | - | be delivered, issued for delivery or renewed in this state, or amended to 2727 |
|---|
| 3275 | | - | substantially alter or change benefits or coverage, on or after July 1, 1975, 2728 |
|---|
| 3276 | | - | unless persons covered under such policy will be eligible for benefits for 2729 |
|---|
| 3277 | | - | expenses of emergency medical care arising from accidental ingestion 2730 |
|---|
| 3278 | | - | or consumption of a controlled drug, as defined by [subdivision (8) of] 2731 |
|---|
| 3279 | | - | section 21a-240, as amended by this act, which are at least equal to the 2732 |
|---|
| 3280 | | - | following minimum requirements: (1) In the case of benefits based upon 2733 |
|---|
| 3281 | | - | confinement as an inpatient in a hospital, whether or not operated by 2734 |
|---|
| 3282 | | - | the state, the period of confinement for which benefits shall be payable 2735 |
|---|
| 3283 | | - | shall be at least thirty days in any calendar year. (2) For covered 2736 |
|---|
| 3284 | | - | expenses incurred by the insured while other than an inpatient in a 2737 |
|---|
| 3285 | | - | hospital, benefits shall be available for such expenses during any 2738 |
|---|
| 3286 | | - | calendar year up to a maximum of five hundred dollars. For purposes 2739 |
|---|
| 3287 | | - | of this section, the term "covered expenses" means the reasonable 2740 |
|---|
| 3288 | | - | charges for treatment deemed necessary under generally accepted 2741 Substitute Bill No. 6697 |
|---|
| 3289 | | - | |
|---|
| 3290 | | - | |
|---|
| 3291 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
|---|
| 3292 | | - | R01-HB.docx } |
|---|
| 3293 | | - | 90 of 96 |
|---|
| 3294 | | - | |
|---|
| 3295 | | - | medical standards. 2742 |
|---|
| 3296 | | - | Sec. 42. Subdivision (6) of subsection (a) of section 53a-18 of the 2743 |
|---|
| 3297 | | - | general statutes is repealed and the following is substituted in lieu 2744 |
|---|
| 3298 | | - | thereof (Effective October 1, 2023): 2745 |
|---|
| 3299 | | - | (6) A teacher or other person entrusted with the care and supervision 2746 |
|---|
| 3300 | | - | of a minor for school purposes may use reasonable physical force upon 2747 |
|---|
| 3301 | | - | such minor when and to the extent such teacher or other person 2748 |
|---|
| 3302 | | - | reasonably believes such force to be necessary to (A) protect [himself or 2749 |
|---|
| 3303 | | - | herself] such teacher, other person or others from immediate physical 2750 |
|---|
| 3304 | | - | injury, (B) obtain possession of a dangerous instrument or controlled 2751 |
|---|
| 3305 | | - | substance, as defined in [subdivision (9) of] section 21a-240, as amended 2752 |
|---|
| 3306 | | - | by this act, upon or within the control of such minor, (C) protect 2753 |
|---|
| 3307 | | - | property from physical damage, or (D) restrain such minor or remove 2754 |
|---|
| 3308 | | - | such minor to another area, to maintain order. 2755 |
|---|
| 3309 | | - | Sec. 43. Subsections (c) to (g), inclusive, of section 54-36a of the 2756 |
|---|
| 3310 | | - | general statutes are repealed and the following is substituted in lieu 2757 |
|---|
| 3311 | | - | thereof (Effective October 1, 2023): 2758 |
|---|
| 3312 | | - | (c) Unless such seized property is stolen property and is ordered 2759 |
|---|
| 3313 | | - | returned pursuant to subsection (b) of this section or unless such seized 2760 |
|---|
| 3314 | | - | property is adjudicated a nuisance in accordance with section 54-33g, or 2761 |
|---|
| 3315 | | - | unless the court finds that such property shall be forfeited or is 2762 |
|---|
| 3316 | | - | contraband, or finds that such property is a controlled drug [, a] or 2763 |
|---|
| 3317 | | - | controlled substance as defined in section 21a-240, as amended by this 2764 |
|---|
| 3318 | | - | act, or drug paraphernalia as defined in subdivision [(8), (9) or (20)] (19) 2765 |
|---|
| 3319 | | - | of section 21a-240, as amended by this act, it shall, at the final disposition 2766 |
|---|
| 3320 | | - | of the criminal action or as soon thereafter as is practical, or, if there is 2767 |
|---|
| 3321 | | - | no criminal action, at any time upon motion of the prosecuting official 2768 |
|---|
| 3322 | | - | of such court, order the return of such property to its owner within six 2769 |
|---|
| 3323 | | - | months upon proper claim therefor. 2770 |
|---|
| 3324 | | - | (d) When the court orders the return of the seized property to the 2771 |
|---|
| 3325 | | - | owner, the order shall provide that if the seized property is not claimed 2772 Substitute Bill No. 6697 |
|---|
| 3326 | | - | |
|---|
| 3327 | | - | |
|---|
| 3328 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
|---|
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|---|
| 3330 | | - | 91 of 96 |
|---|
| 3331 | | - | |
|---|
| 3332 | | - | by the owner within six months, the property shall be destroyed or be 2773 |
|---|
| 3333 | | - | given to a charitable or educational institution or to a governmental 2774 |
|---|
| 3334 | | - | agency or institution, except that (1) if such property is money it shall 2775 |
|---|
| 3335 | | - | be remitted to the state and shall be deposited in the General Fund or 2776 |
|---|
| 3336 | | - | (2) if such property is a valuable prize it shall be disposed of by public 2777 |
|---|
| 3337 | | - | auction or private sale in which case the proceeds shall become the 2778 |
|---|
| 3338 | | - | property of the state and shall be deposited in the General Fund; 2779 |
|---|
| 3339 | | - | provided any person who has a bona fide mortgage, assignment of lease 2780 |
|---|
| 3340 | | - | or rent, lien or security interest in such property shall have the same 2781 |
|---|
| 3341 | | - | right to the proceeds as [he] such person had in the property prior to the 2782 |
|---|
| 3342 | | - | sale. 2783 |
|---|
| 3343 | | - | (e) If such seized property is adjudicated a nuisance or if the court 2784 |
|---|
| 3344 | | - | finds that such property shall be forfeited or is contraband other than a 2785 |
|---|
| 3345 | | - | controlled drug [, a] or controlled substance as defined in section 21a-2786 |
|---|
| 3346 | | - | 240, as amended by this act, or drug paraphernalia as defined in 2787 |
|---|
| 3347 | | - | subdivision [(8), (9) or (20)] (19) of section 21a-240, as amended by this 2788 |
|---|
| 3348 | | - | act, the court shall order that such property be destroyed or be given to 2789 |
|---|
| 3349 | | - | a charitable or educational institution or to a governmental agency or 2790 |
|---|
| 3350 | | - | institution, except that (1) if such property is money, the court shall 2791 |
|---|
| 3351 | | - | order that it be remitted to the state and be deposited in the General 2792 |
|---|
| 3352 | | - | Fund, or (2) if such property is a valuable prize, the court shall order 2793 |
|---|
| 3353 | | - | that it be disposed of by public auction or private sale in which case the 2794 |
|---|
| 3354 | | - | proceeds shall become the property of the state and shall be deposited 2795 |
|---|
| 3355 | | - | in the General Fund; provided any person who has a bona fide 2796 |
|---|
| 3356 | | - | mortgage, assignment of lease or rent, lien or security interest in such 2797 |
|---|
| 3357 | | - | property shall have the same right to the proceeds as [he] such person 2798 |
|---|
| 3358 | | - | had in the property prior to sale. 2799 |
|---|
| 3359 | | - | (f) If the court finds that such seized property is fireworks as defined 2800 |
|---|
| 3360 | | - | in section 29-356, the court shall order the forfeiture and destruction of 2801 |
|---|
| 3361 | | - | such property. Any secondary evidence of the identity, description or 2802 |
|---|
| 3362 | | - | value of such property shall be admissible in evidence against the 2803 |
|---|
| 3363 | | - | defendant in the trial of the case. A photograph of the fireworks and a 2804 |
|---|
| 3364 | | - | sworn affidavit describing such fireworks shall be sufficient evidence of 2805 Substitute Bill No. 6697 |
|---|
| 3365 | | - | |
|---|
| 3366 | | - | |
|---|
| 3367 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
|---|
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|---|
| 3369 | | - | 92 of 96 |
|---|
| 3370 | | - | |
|---|
| 3371 | | - | the identity of the fireworks. The fact that the evidence is secondary in 2806 |
|---|
| 3372 | | - | nature may be shown to affect the weight of such evidence, but not to 2807 |
|---|
| 3373 | | - | affect its admissibility. 2808 |
|---|
| 3374 | | - | (g) If the court finds that such seized property is a controlled drug [, 2809 |
|---|
| 3375 | | - | a] or controlled substance as defined in section 21a-240, as amended by 2810 |
|---|
| 3376 | | - | this act, or drug paraphernalia as defined in subdivision [(8), (9) or (20)] 2811 |
|---|
| 3377 | | - | (19) of section 21a-240, as amended by this act, the court shall order the 2812 |
|---|
| 3378 | | - | forfeiture and destruction of such property or order it delivered to the 2813 |
|---|
| 3379 | | - | Commissioner of Consumer Protection pursuant to section 54-36g, as 2814 |
|---|
| 3380 | | - | amended by this act. 2815 |
|---|
| 3381 | | - | Sec. 44. Subsection (a) of section 54-36g of the general statutes is 2816 |
|---|
| 3382 | | - | repealed and the following is substituted in lieu thereof (Effective October 2817 |
|---|
| 3383 | | - | 1, 2023): 2818 |
|---|
| 3384 | | - | (a) At any time after the seizure of a controlled drug or a controlled 2819 |
|---|
| 3385 | | - | substance [,] as defined in [subdivision (8) or (9) of] section 21a-240, as 2820 |
|---|
| 3386 | | - | amended by this act, or drug paraphernalia [,] as defined in subdivision 2821 |
|---|
| 3387 | | - | [(20)] (19) of section 21a-240, as amended by this act, in connection with 2822 |
|---|
| 3388 | | - | a criminal arrest or pursuant to a search warrant without an arrest, the 2823 |
|---|
| 3389 | | - | prosecuting official of the court for the geographical area in which the 2824 |
|---|
| 3390 | | - | criminal offense is alleged to have been committed may petition the 2825 |
|---|
| 3391 | | - | court for destruction of such controlled drug, controlled substance or 2826 |
|---|
| 3392 | | - | drug paraphernalia. After notice, by certified or registered mail to the 2827 |
|---|
| 3393 | | - | defendant and [his] the defendant's attorney, and hearing on the 2828 |
|---|
| 3394 | | - | petition, the court may order the forfeiture and destruction of such 2829 |
|---|
| 3395 | | - | controlled drug, controlled substance or drug paraphernalia, under 2830 |
|---|
| 3396 | | - | procedures and to the extent determined by the court, or order it 2831 |
|---|
| 3397 | | - | delivered to the Commissioner of Consumer Protection as soon as 2832 |
|---|
| 3398 | | - | possible. Such order shall be in writing and shall provide for the analysis 2833 |
|---|
| 3399 | | - | of representative samples of such controlled drug, controlled substance 2834 |
|---|
| 3400 | | - | or drug paraphernalia. The results of such analysis shall be recorded on 2835 |
|---|
| 3401 | | - | a certificate signed by the person making the analysis, witnessed and 2836 |
|---|
| 3402 | | - | acknowledged pursuant to section 1-29. Such certificate shall be prima 2837 |
|---|
| 3403 | | - | facie evidence of the composition and quality of such controlled drug, 2838 Substitute Bill No. 6697 |
|---|
| 3404 | | - | |
|---|
| 3405 | | - | |
|---|
| 3406 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
|---|
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|---|
| 3408 | | - | 93 of 96 |
|---|
| 3409 | | - | |
|---|
| 3410 | | - | controlled substance or drug paraphernalia. 2839 |
|---|
| 3411 | | - | Sec. 45. Subdivision (1) of subsection (a) of section 54-36h of the 2840 |
|---|
| 3412 | | - | general statutes is repealed and the following is substituted in lieu 2841 |
|---|
| 3413 | | - | thereof (Effective October 1, 2023): 2842 |
|---|
| 3414 | | - | (1) All moneys used, or intended for use, in the procurement, 2843 |
|---|
| 3415 | | - | manufacture, compounding, processing, delivery or distribution of any 2844 |
|---|
| 3416 | | - | controlled substance, as defined in [subdivision (9) of] section 21a-240, 2845 |
|---|
| 3417 | | - | as amended by this act; 2846 |
|---|
| 3418 | | - | Sec. 46. Section 21a-421b of the general statutes is repealed and the 2847 |
|---|
| 3419 | | - | following is substituted in lieu thereof (Effective October 1, 2023): 2848 |
|---|
| 3420 | | - | (a) For the purposes of this section: 2849 |
|---|
| 3421 | | - | (1) "Applicant" means an entity applying for an initial or renewal 2850 |
|---|
| 3422 | | - | cannabis establishment or cannabis testing laboratory license; 2851 |
|---|
| 3423 | | - | (2) "Entity" means an association, company, corporation, 2852 |
|---|
| 3424 | | - | organization, partnership, sole proprietorship or trust; 2853 |
|---|
| 3425 | | - | (3) "Executive managerial control" means, with respect to an 2854 |
|---|
| 3426 | | - | individual, the authority or power to direct or influence the direction or 2855 |
|---|
| 3427 | | - | operation of an applicant through agreement, board membership, 2856 |
|---|
| 3428 | | - | contract or voting power; 2857 |
|---|
| 3429 | | - | (4) "Manager" means an individual who is not a key employee and 2858 |
|---|
| 3430 | | - | has (A) an ownership interest in an applicant, and (B) executive 2859 |
|---|
| 3431 | | - | managerial control of an applicant; 2860 |
|---|
| 3432 | | - | (5) "Owner" means an individual who has more than a five per cent 2861 |
|---|
| 3433 | | - | ownership interest in an applicant; and 2862 |
|---|
| 3434 | | - | (6) "Ownership interest" means the possession of equity in the assets, 2863 |
|---|
| 3435 | | - | capital, profits or stock of an applicant. 2864 |
|---|
| 3436 | | - | [(a) On and after July 1, 2021, the] (b) The commissioner shall require 2865 Substitute Bill No. 6697 |
|---|
| 3437 | | - | |
|---|
| 3438 | | - | |
|---|
| 3439 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06697- |
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|---|
| 3441 | | - | 94 of 96 |
|---|
| 3442 | | - | |
|---|
| 3443 | | - | [all individuals listed on an application for a cannabis establishment 2866 |
|---|
| 3444 | | - | license, laboratory or research program license, or key employee license 2867 |
|---|
| 3445 | | - | to submit to] that a fingerprint-based state and national criminal history 2868 |
|---|
| 3446 | | - | records [checks before such license is issued. The criminal history 2869 |
|---|
| 3447 | | - | records checks required pursuant to this subsection shall] check be 2870 |
|---|
| 3448 | | - | conducted in accordance with section 29-17a [. Upon renewal, the] for 2871 |
|---|
| 3449 | | - | each key employee, manager and owner of an applicant. The 2872 |
|---|
| 3450 | | - | commissioner may require [all individuals listed on an application for a 2873 |
|---|
| 3451 | | - | cannabis establishment license, laboratory or research program license, 2874 |
|---|
| 3452 | | - | or key employee license to be fingerprinted and] such key employees, 2875 |
|---|
| 3453 | | - | managers and owners to submit to a state and national criminal history 2876 |
|---|
| 3454 | | - | records check conducted in accordance with section 29-17a before [such 2877 |
|---|
| 3455 | | - | renewal] issuing a license [is issued] renewal. 2878 |
|---|
| 3456 | | - | (c) A key employee, manager or owner shall be denied a license in 2879 |
|---|
| 3457 | | - | the event that the key employee's background check reveals a 2880 |
|---|
| 3458 | | - | disqualifying conviction. 2881 |
|---|
| 3459 | | - | [(b)] (d) The department shall charge the applicant a fee equal to the 2882 |
|---|
| 3460 | | - | amount charged to the department to conduct a state and national 2883 |
|---|
| 3461 | | - | criminal history records check of the applicant. 2884 |
|---|
| 49 | + | practitioner, [. It] but does not [include] mean a common or contract 20 |
|---|
| 50 | + | carrier, public warehouseman, or employee of the carrier or 21 |
|---|
| 51 | + | warehouseman. [;] 22 |
|---|
| 52 | + | (4) "Amphetamine-type substances" include amphetamine, optical 23 |
|---|
| 53 | + | isomers thereof, salts of amphetamine and its isomers, and chemical 24 |
|---|
| 54 | + | compounds which are similar thereto in chemical structure or which are 25 |
|---|
| 55 | + | similar thereto in physiological effect, and which show a like potential 26 |
|---|
| 56 | + | for abuse, which are controlled substances under this chapter unless 27 |
|---|
| 57 | + | modified. [;] 28 |
|---|
| 58 | + | (5) "Barbiturate-type drugs" include barbituric acid and its salts, 29 |
|---|
| 59 | + | derivatives thereof and chemical compounds which are similar thereto 30 |
|---|
| 60 | + | in chemical structure or which are similar thereto in physiological effect, 31 |
|---|
| 61 | + | and which show a like potential for abuse, which are controlled 32 |
|---|
| 62 | + | substances under this chapter unless modified. [;] 33 |
|---|
| 63 | + | (6) "Bureau" means the Bureau of Narcotics and Dangerous Drugs, 34 |
|---|
| 64 | + | United States Department of Justice, or its successor agency. [;] 35 |
|---|
| 65 | + | [(7) "Cannabis-type substances" include all parts of any plant, or 36 |
|---|
| 66 | + | species of the genus cannabis or any infra specific taxon thereof whether 37 |
|---|
| 67 | + | growing or not; the seeds thereof; the resin extracted from any part of 38 |
|---|
| 68 | + | such a plant; and every compound, manufacture, salt, derivative, 39 |
|---|
| 69 | + | mixture or preparation of such plant, its seeds or resin; but shall not 40 |
|---|
| 70 | + | include the mature stalks of such plant, fiber produced from such stalks, 41 |
|---|
| 71 | + | oil or cake made from the seeds of such plant, any other compound, 42 |
|---|
| 72 | + | manufacture, salt, derivative, mixture or preparation of such mature 43 |
|---|
| 73 | + | stalks, except the resin extracted therefrom, fiber, oil or cake, the 44 |
|---|
| 74 | + | sterilized seed of such plant which is incapable of germination, or hemp, 45 Raised Bill No. 6697 |
|---|
| 75 | + | |
|---|
| 76 | + | |
|---|
| 77 | + | |
|---|
| 78 | + | LCO No. 4402 3 of 93 |
|---|
| 79 | + | |
|---|
| 80 | + | as defined in 7 USC 1639o, as amended from time to time. Included are 46 |
|---|
| 81 | + | cannabinon, cannabinol, cannabidiol and chemical compounds which 47 |
|---|
| 82 | + | are similar to cannabinon, cannabinol or cannabidiol in chemical 48 |
|---|
| 83 | + | structure or which are similar thereto in physiological effect, and which 49 |
|---|
| 84 | + | show a like potential for abuse, which are controlled substances under 50 |
|---|
| 85 | + | this chapter unless derived from hemp, as defined in section 22-61l;] 51 |
|---|
| 86 | + | [(8)] (7) "Controlled drugs" are those drugs which contain any 52 |
|---|
| 87 | + | quantity of a substance which has been designated as subject to the 53 |
|---|
| 88 | + | federal Controlled Substances Act, or which has been designated as a 54 |
|---|
| 89 | + | depressant or stimulant drug pursuant to federal food and drug laws, 55 |
|---|
| 90 | + | or which has been designated by the Commissioner of Consumer 56 |
|---|
| 91 | + | Protection pursuant to section 21a-243, as having a stimulant, 57 |
|---|
| 92 | + | depressant or hallucinogenic effect upon the higher functions of the 58 |
|---|
| 93 | + | central nervous system and as having a tendency to promote abuse or 59 |
|---|
| 94 | + | psychological or physiological dependence, or both. Such controlled 60 |
|---|
| 95 | + | drugs are classifiable as amphetamine-type, barbiturate-type, cannabis-61 |
|---|
| 96 | + | type, cocaine-type, hallucinogenic, morphine-type and other stimulant 62 |
|---|
| 97 | + | and depressant drugs. Specifically excluded from controlled drugs and 63 |
|---|
| 98 | + | controlled substances are alcohol, nicotine and caffeine. [;] 64 |
|---|
| 99 | + | [(9)] (8) "Controlled substance" means a drug, substance, or 65 |
|---|
| 100 | + | immediate precursor in schedules I to V, inclusive, of the Connecticut 66 |
|---|
| 101 | + | controlled substance scheduling regulations adopted pursuant to 67 |
|---|
| 102 | + | section 21a-243. [;] 68 |
|---|
| 103 | + | [(10)] (9) "Counterfeit substance" means a controlled substance 69 |
|---|
| 104 | + | which, or the container or labeling of which, without authorization, 70 |
|---|
| 105 | + | bears the trademark, trade name or other identifying mark, imprint, 71 |
|---|
| 106 | + | number or device, or any likeness thereof, of a manufacturer, distributor 72 |
|---|
| 107 | + | or dispenser other than the person who in fact manufactured, 73 |
|---|
| 108 | + | distributed or dispensed the substance. [;] 74 |
|---|
| 109 | + | [(11)] (10) "Deliver or delivery" means the actual, constructive or 75 |
|---|
| 110 | + | attempted transfer from one person to another of a controlled substance, 76 |
|---|
| 111 | + | whether or not there is an agency relationship. [;] 77 Raised Bill No. 6697 |
|---|
| 112 | + | |
|---|
| 113 | + | |
|---|
| 114 | + | |
|---|
| 115 | + | LCO No. 4402 4 of 93 |
|---|
| 116 | + | |
|---|
| 117 | + | [(12)] (11) "Dentist" means a person authorized by law to practice 78 |
|---|
| 118 | + | dentistry in this state. [;] 79 |
|---|
| 119 | + | [(13)] (12) "Dispense" means to deliver a controlled substance to an 80 |
|---|
| 120 | + | ultimate user or research subject by or pursuant to the lawful order of a 81 |
|---|
| 121 | + | practitioner, including the prescribing, administering, packaging, 82 |
|---|
| 122 | + | labeling or compounding necessary to prepare the substance for the 83 |
|---|
| 123 | + | delivery. [;] 84 |
|---|
| 124 | + | [(14)] (13) "Dispenser" means a practitioner who dispenses. [;] 85 |
|---|
| 125 | + | [(15)] (14) "Distribute" means to deliver other than by administering 86 |
|---|
| 126 | + | or dispensing a controlled substance. [;] 87 |
|---|
| 127 | + | [(16)] (15) "Distributor" means a person who distributes and includes 88 |
|---|
| 128 | + | a wholesaler who is a person supplying or distributing controlled drugs 89 |
|---|
| 129 | + | which [he himself] the person personally has not produced or prepared 90 |
|---|
| 130 | + | to hospitals, clinics, practitioners, pharmacies, other wholesalers, 91 |
|---|
| 131 | + | manufacturers and federal, state and municipal agencies. [;] 92 |
|---|
| 132 | + | [(17)] (16) "Drug" means (A) substances recognized as drugs in the 93 |
|---|
| 133 | + | official United States Pharmacopoeia, official Homeopathic 94 |
|---|
| 134 | + | Pharmacopoeia of the United States, or official National Formulary, or 95 |
|---|
| 135 | + | any supplement to any of them; (B) substances intended for use in the 96 |
|---|
| 136 | + | diagnosis, cure, mitigation, treatment or prevention of disease in man 97 |
|---|
| 137 | + | or animals; (C) substances, other than food, intended to affect the 98 |
|---|
| 138 | + | structure or any function of the body of man or animals; and (D) 99 |
|---|
| 139 | + | substances intended for use as a component of any article specified in 100 |
|---|
| 140 | + | subparagraph (A), (B) or (C) of this subdivision. It does not include 101 |
|---|
| 141 | + | devices or their components, parts or accessories. [;] 102 |
|---|
| 142 | + | [(18)] (17) "Drug dependence" means a psychoactive substance 103 |
|---|
| 143 | + | dependence on drugs as that condition is defined in the most recent 104 |
|---|
| 144 | + | edition of the "Diagnostic and Statistical Manual of Mental Disorders" 105 |
|---|
| 145 | + | of the American Psychiatric Association. [;] 106 |
|---|
| 146 | + | [(19)] (18) "Drug-dependent person" means a person who has a 107 Raised Bill No. 6697 |
|---|
| 147 | + | |
|---|
| 148 | + | |
|---|
| 149 | + | |
|---|
| 150 | + | LCO No. 4402 5 of 93 |
|---|
| 151 | + | |
|---|
| 152 | + | psychoactive substance dependence on drugs as that condition is 108 |
|---|
| 153 | + | defined in the most recent edition of the "Diagnostic and Statistical 109 |
|---|
| 154 | + | Manual of Mental Disorders" of the American Psychiatric Association. 110 |
|---|
| 155 | + | [;] 111 |
|---|
| 156 | + | [(20)] (19) (A) "Drug paraphernalia" means equipment, products and 112 |
|---|
| 157 | + | materials of any kind that are used, intended for use or designed for use 113 |
|---|
| 158 | + | in planting, propagating, cultivating, growing, harvesting, 114 |
|---|
| 159 | + | manufacturing, compounding, converting, producing, processing, 115 |
|---|
| 160 | + | preparing, testing, analyzing, packaging, repackaging, storing, 116 |
|---|
| 161 | + | containing or concealing, or ingesting, inhaling or otherwise 117 |
|---|
| 162 | + | introducing into the human body, any controlled substance contrary to 118 |
|---|
| 163 | + | the provisions of this chapter including, but not limited to: (i) Kits 119 |
|---|
| 164 | + | intended for use or designed for use in planting, propagating, 120 |
|---|
| 165 | + | cultivating, growing or harvesting of any species of plant that is a 121 |
|---|
| 166 | + | controlled substance or from which a controlled substance can be 122 |
|---|
| 167 | + | derived; (ii) kits used, intended for use or designed for use in 123 |
|---|
| 168 | + | manufacturing, compounding, converting, producing, processing or 124 |
|---|
| 169 | + | preparing controlled substances; (iii) isomerization devices used or 125 |
|---|
| 170 | + | intended for use in increasing the potency of any species of plant that is 126 |
|---|
| 171 | + | a controlled substance; (iv) testing equipment used, intended for use or 127 |
|---|
| 172 | + | designed for use in identifying or analyzing the strength, effectiveness 128 |
|---|
| 173 | + | or purity of controlled substances; (v) dilutents and adulterants, 129 |
|---|
| 174 | + | including, but not limited to, quinine hydrochloride, mannitol, mannite, 130 |
|---|
| 175 | + | dextrose and lactose used, intended for use or designed for use in 131 |
|---|
| 176 | + | cutting controlled substances; (vi) separation gins and sifters used, 132 |
|---|
| 177 | + | intended for use or designed for use in removing twigs and seeds from, 133 |
|---|
| 178 | + | or in otherwise cleaning or refining, marijuana; (vii) capsules and other 134 |
|---|
| 179 | + | containers used, intended for use or designed for use in packaging small 135 |
|---|
| 180 | + | quantities of controlled substances; (viii) containers and other objects 136 |
|---|
| 181 | + | used, intended for use or designed for use in storing or concealing 137 |
|---|
| 182 | + | controlled substances; and (ix) objects used, intended for use or 138 |
|---|
| 183 | + | designed for use in ingesting, inhaling, or otherwise introducing 139 |
|---|
| 184 | + | marijuana, cocaine, hashish, or hashish oil into the human body, 140 |
|---|
| 185 | + | including, but not limited to, wooden, acrylic, glass, stone, plastic or 141 Raised Bill No. 6697 |
|---|
| 186 | + | |
|---|
| 187 | + | |
|---|
| 188 | + | |
|---|
| 189 | + | LCO No. 4402 6 of 93 |
|---|
| 190 | + | |
|---|
| 191 | + | ceramic pipes with screens, permanent screens, hashish heads or 142 |
|---|
| 192 | + | punctured metal bowls; water pipes; carburetion tubes and devices; 143 |
|---|
| 193 | + | smoking and carburetion masks; roach clips; miniature cocaine spoons 144 |
|---|
| 194 | + | and cocaine vials; chamber pipes; carburetor pipes; electric pipes; air-145 |
|---|
| 195 | + | driven pipes; chillums; bongs; ice pipes and chillers. "Drug 146 |
|---|
| 196 | + | paraphernalia" does not include a product used by a manufacturer 147 |
|---|
| 197 | + | licensed pursuant to this chapter for the activities permitted under the 148 |
|---|
| 198 | + | license or by an individual to test any substance prior to injection, 149 |
|---|
| 199 | + | inhalation or ingestion of the substance to prevent accidental overdose 150 |
|---|
| 200 | + | by injection, inhalation or ingestion of the substance, provided the 151 |
|---|
| 201 | + | licensed manufacturer or individual is not using the product to engage 152 |
|---|
| 202 | + | in the unlicensed manufacturing or distribution of controlled 153 |
|---|
| 203 | + | substances. As used in this subdivision, "roach clip" means an object 154 |
|---|
| 204 | + | used to hold burning material, including, but not limited to, a marijuana 155 |
|---|
| 205 | + | cigarette, that has become too small or too short to be held between the 156 |
|---|
| 206 | + | fingers. [;] 157 |
|---|
| 207 | + | (B) "Factory" means any place used for the manufacturing, mixing, 158 |
|---|
| 208 | + | compounding, refining, processing, packaging, distributing, storing, 159 |
|---|
| 209 | + | keeping, holding, administering or assembling illegal substances 160 |
|---|
| 210 | + | contrary to the provisions of this chapter, or any building, rooms or 161 |
|---|
| 211 | + | location which contains equipment or paraphernalia used for this 162 |
|---|
| 212 | + | purpose. [;] 163 |
|---|
| 213 | + | [(21)] (20) "Federal Controlled Substances Act, 21 USC 801 et seq." 164 |
|---|
| 214 | + | means Public Law 91-513, the Comprehensive Drug Abuse Prevention 165 |
|---|
| 215 | + | and Control Act of 1970. [;] 166 |
|---|
| 216 | + | [(22)] (21) "Federal food and drug laws" means the federal Food, Drug 167 |
|---|
| 217 | + | and Cosmetic Act, as amended, Title 21 USC 301 et seq. [;] 168 |
|---|
| 218 | + | [(23)] (22) "Hallucinogenic substances" are psychodysleptic 169 |
|---|
| 219 | + | substances, other than [cannabis-type substances] marijuana, which 170 |
|---|
| 220 | + | assert a confusional or disorganizing effect upon mental processes or 171 |
|---|
| 221 | + | behavior and mimic acute psychotic disturbances. Exemplary of such 172 |
|---|
| 222 | + | drugs are mescaline, peyote, psilocyn and d-lysergic acid diethylamide, 173 Raised Bill No. 6697 |
|---|
| 223 | + | |
|---|
| 224 | + | |
|---|
| 225 | + | |
|---|
| 226 | + | LCO No. 4402 7 of 93 |
|---|
| 227 | + | |
|---|
| 228 | + | which are controlled substances under this chapter unless modified. [;] 174 |
|---|
| 229 | + | (23) "High-THC hemp product" means a manufacturer hemp 175 |
|---|
| 230 | + | product, as defined in section 22-61l, as amended by this act, that has a 176 |
|---|
| 231 | + | THC concentration or serving size limit, or is advertised, labeled or 177 |
|---|
| 232 | + | offered for sale as having a total THC concentration or serving size limit, 178 |
|---|
| 233 | + | that exceeds (A) for a hemp edible, hemp topical or hemp transdermal 179 |
|---|
| 234 | + | patch (i) one milligram on a per serving basis, (ii) five milligrams on a 180 |
|---|
| 235 | + | per container basis, or (iii) three-tenths per cent on a dry-weight basis, 181 |
|---|
| 236 | + | (B) for a hemp tincture, including, but not limited to, oil intended for 182 |
|---|
| 237 | + | ingestion by swallowing or sublingual absorption (i) twenty-five 183 |
|---|
| 238 | + | milligrams on a per container basis, or (ii) three-tenths per cent on a dry-184 |
|---|
| 239 | + | weight basis, (C) for a hemp concentrate or extract, including, but not 185 |
|---|
| 240 | + | limited to, a vape oil, wax or shatter, three-tenths per cent on a dry-186 |
|---|
| 241 | + | weight basis, or (D) for a manufacturer hemp product not described in 187 |
|---|
| 242 | + | subparagraph (A), (B) or (C) of this subdivision, (i) one milligram on a 188 |
|---|
| 243 | + | per serving basis, (ii) five milligrams on a per container basis, or (iii) 189 |
|---|
| 244 | + | three-tenths per cent on a dry-weight basis. 190 |
|---|
| 245 | + | (24) "Hospital", as used in sections 21a-243 to 21a-283, inclusive, 191 |
|---|
| 246 | + | means an institution for the care and treatment of the sick and injured, 192 |
|---|
| 247 | + | approved by the Department of Public Health or the Department of 193 |
|---|
| 248 | + | Mental Health and Addiction Services as proper to be entrusted with 194 |
|---|
| 249 | + | the custody of controlled drugs and substances and professional use of 195 |
|---|
| 250 | + | controlled drugs and substances under the direction of a licensed 196 |
|---|
| 251 | + | practitioner. [;] 197 |
|---|
| 252 | + | (25) "Intern" means a person who holds a degree of doctor of 198 |
|---|
| 253 | + | medicine or doctor of dental surgery or medicine and whose period of 199 |
|---|
| 254 | + | service has been recorded with the Department of Public Health and 200 |
|---|
| 255 | + | who has been accepted and is participating in training by a hospital or 201 |
|---|
| 256 | + | institution in this state. Doctors meeting the foregoing requirements and 202 |
|---|
| 257 | + | commonly designated as "residents" and "fellows" shall be regarded as 203 |
|---|
| 258 | + | interns for purposes of this chapter. [;] 204 |
|---|
| 259 | + | (26) "Immediate precursor" means a substance which the 205 Raised Bill No. 6697 |
|---|
| 260 | + | |
|---|
| 261 | + | |
|---|
| 262 | + | |
|---|
| 263 | + | LCO No. 4402 8 of 93 |
|---|
| 264 | + | |
|---|
| 265 | + | Commissioner of Consumer Protection has found to be, and by 206 |
|---|
| 266 | + | regulation designates as being, the principal compound commonly used 207 |
|---|
| 267 | + | or produced primarily for use, and which is an immediate chemical 208 |
|---|
| 268 | + | intermediary used or likely to be used, in the manufacture of a 209 |
|---|
| 269 | + | controlled substance, the control of which is necessary to prevent, curtail 210 |
|---|
| 270 | + | or limit manufacture. [;] 211 |
|---|
| 271 | + | (27) "Laboratory" means a laboratory approved by the Department of 212 |
|---|
| 272 | + | Consumer Protection as proper to be entrusted with the custody of 213 |
|---|
| 273 | + | controlled substances and the use of controlled substances for scientific 214 |
|---|
| 274 | + | and medical purposes and for purposes of instruction, research or 215 |
|---|
| 275 | + | analysis. [;] 216 |
|---|
| 276 | + | (28) "Manufacture" means the production, preparation, cultivation, 217 |
|---|
| 277 | + | growing, propagation, compounding, conversion or processing of a 218 |
|---|
| 278 | + | controlled substance, either directly or indirectly by extraction from 219 |
|---|
| 279 | + | substances of natural origin, or independently by means of chemical 220 |
|---|
| 280 | + | synthesis, or by a combination of extraction and chemical synthesis, and 221 |
|---|
| 281 | + | includes any packaging or repackaging of the substance or labeling or 222 |
|---|
| 282 | + | relabeling of its container, except that this term does not include the 223 |
|---|
| 283 | + | preparation or compounding of a controlled substance by an individual 224 |
|---|
| 284 | + | for [his] the individual's own use or the preparation, compounding, 225 |
|---|
| 285 | + | packaging or labeling of a controlled substance: (A) By a practitioner as 226 |
|---|
| 286 | + | an incident to [his] the practitioner administering or dispensing of a 227 |
|---|
| 287 | + | controlled substance in the course of [his] such practitioner's 228 |
|---|
| 288 | + | professional practice, or (B) by a practitioner, or by [his] the 229 |
|---|
| 289 | + | practitioner's authorized agent under [his] such practitioner's 230 |
|---|
| 290 | + | supervision, for the purpose of, or as an incident to, research, teaching 231 |
|---|
| 291 | + | or chemical analysis and not for sale. [;] 232 |
|---|
| 292 | + | (29) "Marijuana" means all parts of any plant, or species of the genus 233 |
|---|
| 293 | + | cannabis or any infra specific taxon thereof, whether growing or not; the 234 |
|---|
| 294 | + | seeds thereof; the resin extracted from any part of the plant; every 235 |
|---|
| 295 | + | compound, manufacture, salt, derivative, mixture, or preparation of 236 |
|---|
| 296 | + | such plant, its seeds or resin, any [product made using hemp, as defined 237 |
|---|
| 297 | + | in section 22-61l, which exceeds three-tenths per cent total THC 238 Raised Bill No. 6697 |
|---|
| 298 | + | |
|---|
| 299 | + | |
|---|
| 300 | + | |
|---|
| 301 | + | LCO No. 4402 9 of 93 |
|---|
| 302 | + | |
|---|
| 303 | + | concentration on a dry-weight basis] high-THC hemp product; 239 |
|---|
| 304 | + | manufactured cannabinoids, synthetic cannabinoids, except as 240 |
|---|
| 305 | + | provided in subparagraph (E) of this subdivision; or cannabinon, 241 |
|---|
| 306 | + | cannabinol or cannabidiol and chemical compounds which are similar 242 |
|---|
| 307 | + | to cannabinon, cannabinol or cannabidiol in chemical structure or which 243 |
|---|
| 308 | + | are similar thereto in physiological effect, which are controlled 244 |
|---|
| 309 | + | substances under this chapter, except cannabidiol derived from hemp, 245 |
|---|
| 310 | + | as defined in section 22-61l, as amended by this act, with a total THC 246 |
|---|
| 311 | + | concentration of not more than three-tenths per cent on a dry-weight 247 |
|---|
| 312 | + | basis. "Marijuana" does not include: (A) The mature stalks of such plant, 248 |
|---|
| 313 | + | fiber produced from such stalks, oil or cake made from the seeds of such 249 |
|---|
| 314 | + | plant, any other compound, manufacture, salt, derivative, mixture or 250 |
|---|
| 315 | + | preparation of such mature stalks, except the resin extracted from such 251 |
|---|
| 316 | + | mature stalks or fiber, oil or cake; (B) the sterilized seed of such plant 252 |
|---|
| 317 | + | which is incapable of germination; (C) hemp, as defined in section 22-253 |
|---|
| 318 | + | 61l, as amended by this act, (i) with a total THC concentration of not 254 |
|---|
| 319 | + | more than three-tenths per cent on a dry-weight basis, and (ii) that is not 255 |
|---|
| 320 | + | a high-THC hemp product; (D) any substance approved by the federal 256 |
|---|
| 321 | + | Food and Drug Administration or successor agency as a drug and 257 |
|---|
| 322 | + | reclassified in any schedule of controlled substances or unscheduled by 258 |
|---|
| 323 | + | the federal Drug Enforcement Administration or successor agency 259 |
|---|
| 324 | + | which is included in the same schedule designated by the federal Drug 260 |
|---|
| 325 | + | Enforcement Administration or successor agency; or (E) synthetic 261 |
|---|
| 326 | + | cannabinoids which are controlled substances that are designated by the 262 |
|---|
| 327 | + | Commissioner of Consumer Protection, by whatever official, common, 263 |
|---|
| 328 | + | usual, chemical or trade name designation, as controlled substances and 264 |
|---|
| 329 | + | are classified in the appropriate schedule in accordance with 265 |
|---|
| 330 | + | subsections (i) and (j) of section 21a-243. [;] 266 |
|---|
| 331 | + | (30) "Narcotic substance" means any of the following, whether 267 |
|---|
| 332 | + | produced directly or indirectly by extraction from a substance of 268 |
|---|
| 333 | + | vegetable origin, or independently by means of chemical synthesis, or 269 |
|---|
| 334 | + | by a combination of extraction and chemical synthesis: (A) Morphine-270 |
|---|
| 335 | + | type: (i) Opium or opiate, or any salt, compound, derivative, or 271 |
|---|
| 336 | + | preparation of opium or opiate which is similar to any such substance 272 Raised Bill No. 6697 |
|---|
| 337 | + | |
|---|
| 338 | + | |
|---|
| 339 | + | |
|---|
| 340 | + | LCO No. 4402 10 of 93 |
|---|
| 341 | + | |
|---|
| 342 | + | in chemical structure or which is similar to any such substance in 273 |
|---|
| 343 | + | physiological effect and which shows a like potential for abuse, which 274 |
|---|
| 344 | + | is a controlled substance under this chapter unless modified; (ii) any 275 |
|---|
| 345 | + | salt, compound, isomer, derivative, or preparation of any such 276 |
|---|
| 346 | + | substance which is chemically equivalent or identical to any substance 277 |
|---|
| 347 | + | referred to in clause (i) of this subdivision, but not including the 278 |
|---|
| 348 | + | isoquinoline alkaloids of opium; (iii) opium poppy or poppy straw; or 279 |
|---|
| 349 | + | (iv) (I) fentanyl or any salt, compound, derivative or preparation of 280 |
|---|
| 350 | + | fentanyl which is similar to any such substance in chemical structure or 281 |
|---|
| 351 | + | which is similar to any such substance in physiological effect and which 282 |
|---|
| 352 | + | shows a like potential for abuse, which is a controlled substance under 283 |
|---|
| 353 | + | this chapter unless modified, or (II) any salt, compound, isomer, 284 |
|---|
| 354 | + | derivative or preparation of any such substance which is chemically 285 |
|---|
| 355 | + | equivalent or identical to any substance referred to in subclause (I) of 286 |
|---|
| 356 | + | this clause; or (B) cocaine-type; coca leaves or any salt, compound, 287 |
|---|
| 357 | + | derivative or preparation of coca leaves, or any salt, compound, isomer, 288 |
|---|
| 358 | + | derivatives or preparation of any such substance which is chemically 289 |
|---|
| 359 | + | equivalent or identical to any such substance or which is similar to any 290 |
|---|
| 360 | + | such substance in physiological effect and which shows a like potential 291 |
|---|
| 361 | + | for abuse, but not including decocainized coca leaves or extractions of 292 |
|---|
| 362 | + | coca leaves which do not contain cocaine or ecgonine. [;] 293 |
|---|
| 363 | + | (31) "Nurse" means a person performing nursing as defined in section 294 |
|---|
| 364 | + | 20-87a. [;] 295 |
|---|
| 365 | + | (32) "Official written order" means an order for controlled substances 296 |
|---|
| 366 | + | written on a form provided by the bureau for that purpose under the 297 |
|---|
| 367 | + | federal Controlled Substances Act. [;] 298 |
|---|
| 368 | + | (33) "Opiate" means any substance having an addiction-forming or 299 |
|---|
| 369 | + | addiction-sustaining liability similar to morphine or being capable of 300 |
|---|
| 370 | + | conversion into a drug having addiction-forming or addiction-301 |
|---|
| 371 | + | sustaining liability; it does not include, unless specifically designated as 302 |
|---|
| 372 | + | controlled under this chapter, the dextrorotatory isomer of 3-methoxy-303 |
|---|
| 373 | + | n-methylmorthinan and its salts (dextro-methorphan) but shall include 304 |
|---|
| 374 | + | its racemic and levorotatory forms. [;] 305 Raised Bill No. 6697 |
|---|
| 375 | + | |
|---|
| 376 | + | |
|---|
| 377 | + | |
|---|
| 378 | + | LCO No. 4402 11 of 93 |
|---|
| 379 | + | |
|---|
| 380 | + | (34) "Opium poppy" means the plant of the species papaver 306 |
|---|
| 381 | + | somniferum l., except its seed. [;] 307 |
|---|
| 382 | + | (35) Repealed by P.A. 99-102, S. 51. [;] 308 |
|---|
| 383 | + | (36) "Other stimulant and depressant drugs" means controlled 309 |
|---|
| 384 | + | substances other than amphetamine-type, barbiturate-type, cannabis-310 |
|---|
| 385 | + | type, cocaine-type, hallucinogenics and morphine-type which are found 311 |
|---|
| 386 | + | to exert a stimulant and depressant effect upon the higher functions of 312 |
|---|
| 387 | + | the central nervous system and which are found to have a potential for 313 |
|---|
| 388 | + | abuse and are controlled substances under this chapter. [;] 314 |
|---|
| 389 | + | (37) "Person" includes any corporation, limited liability company, 315 |
|---|
| 390 | + | association or partnership, or one or more individuals, government or 316 |
|---|
| 391 | + | governmental subdivisions or agency, business trust, estate, trust, or 317 |
|---|
| 392 | + | any other legal entity. Words importing the plural number may include 318 |
|---|
| 393 | + | the singular; words importing the masculine gender may be applied to 319 |
|---|
| 394 | + | females. [;] 320 |
|---|
| 395 | + | (38) "Pharmacist" means a person authorized by law to practice 321 |
|---|
| 396 | + | pharmacy pursuant to section 20-590, 20-591, 20-592 or 20-593. [;] 322 |
|---|
| 397 | + | (39) "Pharmacy" means an establishment licensed pursuant to section 323 |
|---|
| 398 | + | 20-594. [;] 324 |
|---|
| 399 | + | (40) "Physician" means a person authorized by law to practice 325 |
|---|
| 400 | + | medicine in this state pursuant to section 20-9. [;] 326 |
|---|
| 401 | + | (41) "Podiatrist" means a person authorized by law to practice 327 |
|---|
| 402 | + | podiatry in this state. [;] 328 |
|---|
| 403 | + | (42) "Poppy straw" means all parts, except the seeds, of the opium 329 |
|---|
| 404 | + | poppy, after mowing. [;] 330 |
|---|
| 405 | + | (43) "Practitioner" means: (A) A physician, dentist, veterinarian, 331 |
|---|
| 406 | + | podiatrist, scientific investigator or other person licensed, registered or 332 |
|---|
| 407 | + | otherwise permitted to distribute, dispense, conduct research with 333 |
|---|
| 408 | + | respect to or to administer a controlled substance in the course of 334 Raised Bill No. 6697 |
|---|
| 409 | + | |
|---|
| 410 | + | |
|---|
| 411 | + | |
|---|
| 412 | + | LCO No. 4402 12 of 93 |
|---|
| 413 | + | |
|---|
| 414 | + | professional practice or research in this state; (B) a pharmacy, hospital 335 |
|---|
| 415 | + | or other institution licensed, registered or otherwise permitted to 336 |
|---|
| 416 | + | distribute, dispense, conduct research with respect to or to administer a 337 |
|---|
| 417 | + | controlled substance in the course of professional practice or research in 338 |
|---|
| 418 | + | this state. [;] 339 |
|---|
| 419 | + | (44) "Prescribe" means order or designate a remedy or any 340 |
|---|
| 420 | + | preparation containing controlled substances. [;] 341 |
|---|
| 421 | + | (45) "Prescription" means a written, oral or electronic order for any 342 |
|---|
| 422 | + | controlled substance or preparation from a licensed practitioner to a 343 |
|---|
| 423 | + | pharmacist for a patient. [;] 344 |
|---|
| 424 | + | (46) "Production" includes the manufacture, planting, cultivation, 345 |
|---|
| 425 | + | growing or harvesting of a controlled substance. [;] 346 |
|---|
| 426 | + | (47) "Registrant" means any person licensed by this state and 347 |
|---|
| 427 | + | assigned a current federal Bureau of Narcotics and Dangerous Drug 348 |
|---|
| 428 | + | Registry Number as provided under the federal Controlled Substances 349 |
|---|
| 429 | + | Act. [;] 350 |
|---|
| 430 | + | (48) "Registry number" means the alphabetical or numerical 351 |
|---|
| 431 | + | designation of identification assigned to a person by the federal Drug 352 |
|---|
| 432 | + | Enforcement Administration, or other federal agency, which is 353 |
|---|
| 433 | + | commonly known as the federal registry number. [;] 354 |
|---|
| 434 | + | (49) "Restricted drugs or substances" are the following substances 355 |
|---|
| 435 | + | without limitation and for all purposes: Datura stramonium; 356 |
|---|
| 436 | + | hyoscyamus niger; atropa belladonna, or the alkaloids atropine; 357 |
|---|
| 437 | + | hyoscyamine; belladonnine; apatropine; or any mixture of these 358 |
|---|
| 438 | + | alkaloids such as daturine, or the synthetic homatropine or any salts of 359 |
|---|
| 439 | + | these alkaloids, except that any drug or preparation containing any of 360 |
|---|
| 440 | + | the above-mentioned substances which is permitted by federal food and 361 |
|---|
| 441 | + | drug laws to be sold or dispensed without a prescription or written 362 |
|---|
| 442 | + | order shall not be a controlled substance; amyl nitrite; the following 363 |
|---|
| 443 | + | volatile substances to the extent that said chemical substances or 364 |
|---|
| 444 | + | compounds containing said chemical substances are sold, prescribed, 365 Raised Bill No. 6697 |
|---|
| 445 | + | |
|---|
| 446 | + | |
|---|
| 447 | + | |
|---|
| 448 | + | LCO No. 4402 13 of 93 |
|---|
| 449 | + | |
|---|
| 450 | + | dispensed, compounded, possessed or controlled or delivered or 366 |
|---|
| 451 | + | administered to another person with the purpose that said chemical 367 |
|---|
| 452 | + | substances shall be breathed, inhaled, sniffed or drunk to induce a 368 |
|---|
| 453 | + | stimulant, depressant or hallucinogenic effect upon the higher functions 369 |
|---|
| 454 | + | of the central nervous system: Acetone; benzene; butyl alcohol; butyl 370 |
|---|
| 455 | + | nitrate and its salts, isomers, esters, ethers or their salts; cyclohexanone; 371 |
|---|
| 456 | + | dichlorodifluoromethane; ether; ethyl acetate; formaldehyde; hexane; 372 |
|---|
| 457 | + | isopropanol; methanol; methyl cellosolve acetate; methyl ethyl ketone; 373 |
|---|
| 458 | + | methyl isobutyl ketone; nitrous oxide; pentochlorophenol; toluene; 374 |
|---|
| 459 | + | toluol; trichloroethane; trichloroethylene; 1,4 butanediol. [;] 375 |
|---|
| 460 | + | (50) "Sale" is any form of delivery which includes barter, exchange or 376 |
|---|
| 461 | + | gift, or offer therefor, and each such transaction made by any person 377 |
|---|
| 462 | + | whether as principal, proprietor, agent, servant or employee. [;] 378 |
|---|
| 463 | + | (51) "State", when applied to a part of the United States, includes any 379 |
|---|
| 464 | + | state, district, commonwealth, territory or insular possession thereof, 380 |
|---|
| 465 | + | and any area subject to the legal authority of the United States of 381 |
|---|
| 466 | + | America. [;] 382 |
|---|
| 467 | + | (52) "State food, drug and cosmetic laws" means the Uniform Food, 383 |
|---|
| 468 | + | Drug and Cosmetic Act, section 21a-91 et seq. [;] 384 |
|---|
| 469 | + | (53) "Ultimate user" means a person who lawfully possesses a 385 |
|---|
| 470 | + | controlled substance for [his] the person's own use or for the use of a 386 |
|---|
| 471 | + | member of [his] such person's household or for administering to an 387 |
|---|
| 472 | + | animal owned by [him] such person or by a member of [his] such 388 |
|---|
| 473 | + | person's household. [;] 389 |
|---|
| 474 | + | (54) "Veterinarian" means a person authorized by law to practice 390 |
|---|
| 475 | + | veterinary medicine in this state. [;] 391 |
|---|
| 476 | + | (55) "Wholesaler" means a distributor or a person who supplies 392 |
|---|
| 477 | + | controlled substances that [he himself] the person personally has not 393 |
|---|
| 478 | + | produced or prepared to registrants. [as defined in subdivision (47) of 394 |
|---|
| 479 | + | this section;] 395 Raised Bill No. 6697 |
|---|
| 480 | + | |
|---|
| 481 | + | |
|---|
| 482 | + | |
|---|
| 483 | + | LCO No. 4402 14 of 93 |
|---|
| 484 | + | |
|---|
| 485 | + | (56) "Reasonable times" means the time or times any office, care-396 |
|---|
| 486 | + | giving institution, pharmacy, clinic, wholesaler, manufacturer, 397 |
|---|
| 487 | + | laboratory, warehouse, establishment, store or place of business, vehicle 398 |
|---|
| 488 | + | or other place is open for the normal affairs or business or the practice 399 |
|---|
| 489 | + | activities usually conducted by the registrant. [;] 400 |
|---|
| 490 | + | (57) "Unit dose drug distribution system" means a drug distribution 401 |
|---|
| 491 | + | system used in a hospital or chronic and convalescent nursing home in 402 |
|---|
| 492 | + | which drugs are supplied in individually labeled unit of use packages, 403 |
|---|
| 493 | + | each patient's supply of drugs is exchanged between the hospital 404 |
|---|
| 494 | + | pharmacy and the drug administration area or, in the case of a chronic 405 |
|---|
| 495 | + | and convalescent nursing home between a pharmacy and the drug 406 |
|---|
| 496 | + | administration area, at least once each twenty-four hours and each 407 |
|---|
| 497 | + | patient's medication supply for this period is stored within a patient-408 |
|---|
| 498 | + | specific container, all of which is conducted under the direction of a 409 |
|---|
| 499 | + | pharmacist licensed in Connecticut and, in the case of a hospital, directly 410 |
|---|
| 500 | + | involved in the provision and supervision of pharmaceutical services at 411 |
|---|
| 501 | + | such hospital at least thirty-five hours each week. [;] 412 |
|---|
| 502 | + | (58) "Cocaine in a free-base form" means any substance which 413 |
|---|
| 503 | + | contains cocaine, or any compound, isomer, derivative or preparation 414 |
|---|
| 504 | + | thereof, in a nonsalt form. 415 |
|---|
| 505 | + | (59) "THC" means tetrahydrocannabinol, including, but not limited 416 |
|---|
| 506 | + | to, delta-7, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol 417 |
|---|
| 507 | + | and delta-10-tetrahydrocannabinol, and any material, compound, 418 |
|---|
| 508 | + | mixture or preparation which contain their salts, isomers and salts of 419 |
|---|
| 509 | + | isomers, whenever the existence of such salts, isomers and salts of 420 |
|---|
| 510 | + | isomers is possible within the specific chemical designation, regardless 421 |
|---|
| 511 | + | of the source, except: (A) Dronabinol substituted in sesame oil and 422 |
|---|
| 512 | + | encapsulated in a soft gelatin capsule in a federal Food and Drug 423 |
|---|
| 513 | + | Administration or successor agency approved product, or (B) any 424 |
|---|
| 514 | + | tetrahydrocannabinol product that has been approved by the federal 425 |
|---|
| 515 | + | Food and Drug Administration or successor agency to have a medical 426 |
|---|
| 516 | + | use and reclassified in any schedule of controlled substances or 427 |
|---|
| 517 | + | unscheduled by the federal Drug Enforcement Administration or 428 Raised Bill No. 6697 |
|---|
| 518 | + | |
|---|
| 519 | + | |
|---|
| 520 | + | |
|---|
| 521 | + | LCO No. 4402 15 of 93 |
|---|
| 522 | + | |
|---|
| 523 | + | successor agency. 429 |
|---|
| 524 | + | (60) "Total THC" means the sum of the percentage by weight of 430 |
|---|
| 525 | + | tetrahydrocannabinolic acid, multiplied by eight hundred seventy-431 |
|---|
| 526 | + | seven-thousandths, plus the percentage of weight of 432 |
|---|
| 527 | + | tetrahydrocannabinol. 433 |
|---|
| 528 | + | (61) "Manufactured cannabinoid" means cannabinoids naturally 434 |
|---|
| 529 | + | occurring from a source other than marijuana that are similar in 435 |
|---|
| 530 | + | chemical structure or physiological effect to cannabinoids derived from 436 |
|---|
| 531 | + | marijuana, as defined in section 21a-243, but are derived by a chemical 437 |
|---|
| 532 | + | or biological process. 438 |
|---|
| 533 | + | (62) "Synthetic cannabinoid" means any material, compound, mixture 439 |
|---|
| 534 | + | or preparation which contains any quantity of a substance having a 440 |
|---|
| 535 | + | psychotropic response primarily by agonist activity at cannabinoid-441 |
|---|
| 536 | + | specific receptors affecting the central nervous system that is produced 442 |
|---|
| 537 | + | artificially and not derived from an organic source naturally containing 443 |
|---|
| 538 | + | cannabinoids, unless listed in another schedule pursuant to section 21a-444 |
|---|
| 539 | + | 243. 445 |
|---|
| 540 | + | Sec. 2. Section 21a-408 of the general statutes is repealed and the 446 |
|---|
| 541 | + | following is substituted in lieu thereof (Effective October 1, 2023): 447 |
|---|
| 542 | + | As used in this section, sections 21a-408a to 21a-408o, inclusive, and 448 |
|---|
| 543 | + | sections 21a-408r to 21a-408v, inclusive, as amended by this act, unless 449 |
|---|
| 544 | + | the context otherwise requires: 450 |
|---|
| 545 | + | (1) "Advanced practice registered nurse" means an advanced practice 451 |
|---|
| 546 | + | registered nurse licensed pursuant to chapter 378; 452 |
|---|
| 547 | + | (2) "Cannabis establishment" has the same meaning as provided in 453 |
|---|
| 548 | + | section 21a-420, as amended by this act; 454 |
|---|
| 549 | + | (3) "Cannabis testing laboratory" means a person who (A) is located 455 |
|---|
| 550 | + | in this state, (B) is licensed by the department to analyze marijuana, and 456 |
|---|
| 551 | + | (C) meets the licensure requirements established in section 21a-408r, as 457 |
|---|
| 552 | + | amended by this act, and the regulations adopted pursuant to 458 Raised Bill No. 6697 |
|---|
| 553 | + | |
|---|
| 554 | + | |
|---|
| 555 | + | |
|---|
| 556 | + | LCO No. 4402 16 of 93 |
|---|
| 557 | + | |
|---|
| 558 | + | subsection (d) of section 21a-408r, as amended by this act; 459 |
|---|
| 559 | + | (4) "Cannabis testing laboratory employee" means a person who is 460 |
|---|
| 560 | + | (A) employed at a cannabis testing laboratory, and (B) registered 461 |
|---|
| 561 | + | pursuant to section 21a-408r, as amended by this act, and the regulations 462 |
|---|
| 562 | + | adopted pursuant to subsection (d) of section 21a-408r, as amended by 463 |
|---|
| 563 | + | this act; 464 |
|---|
| 564 | + | [(3)] (5) "Cultivation" includes planting, propagating, cultivating, 465 |
|---|
| 565 | + | growing and harvesting; 466 |
|---|
| 566 | + | [(4)] (6) "Debilitating medical condition" means (A) cancer, glaucoma, 467 |
|---|
| 567 | + | positive status for human immunodeficiency virus or acquired immune 468 |
|---|
| 568 | + | deficiency syndrome, Parkinson's disease, multiple sclerosis, damage to 469 |
|---|
| 569 | + | the nervous tissue of the spinal cord with objective neurological 470 |
|---|
| 570 | + | indication of intractable spasticity, epilepsy or uncontrolled intractable 471 |
|---|
| 571 | + | seizure disorder, cachexia, wasting syndrome, Crohn's disease, 472 |
|---|
| 572 | + | posttraumatic stress disorder, irreversible spinal cord injury with 473 |
|---|
| 573 | + | objective neurological indication of intractable spasticity, cerebral palsy, 474 |
|---|
| 574 | + | cystic fibrosis or terminal illness requiring end-of-life care, except, if the 475 |
|---|
| 575 | + | qualifying patient is under eighteen years of age, "debilitating medical 476 |
|---|
| 576 | + | condition" means terminal illness requiring end-of-life care, irreversible 477 |
|---|
| 577 | + | spinal cord injury with objective neurological indication of intractable 478 |
|---|
| 578 | + | spasticity, cerebral palsy, cystic fibrosis, severe epilepsy or uncontrolled 479 |
|---|
| 579 | + | intractable seizure disorder, or (B) any medical condition, medical 480 |
|---|
| 580 | + | treatment or disease approved for qualifying patients by the 481 |
|---|
| 581 | + | Department of Consumer Protection and posted online pursuant to 482 |
|---|
| 582 | + | section 21a-408l; 483 |
|---|
| 583 | + | [(5)] (7) "Dispensary facility" means a place of business where 484 |
|---|
| 584 | + | marijuana may be dispensed, sold or distributed in accordance with this 485 |
|---|
| 585 | + | chapter and any regulations adopted thereunder to qualifying patients 486 |
|---|
| 586 | + | and caregivers and for which the department has issued a dispensary 487 |
|---|
| 587 | + | facility license pursuant to this chapter; 488 |
|---|
| 588 | + | [(6)] (8) "Employee" has the same meaning as provided in section 21a-489 |
|---|
| 589 | + | 420, as amended by this act; 490 Raised Bill No. 6697 |
|---|
| 590 | + | |
|---|
| 591 | + | |
|---|
| 592 | + | |
|---|
| 593 | + | LCO No. 4402 17 of 93 |
|---|
| 594 | + | |
|---|
| 595 | + | [(7)] (9) "Institutional animal care and use committee" means a 491 |
|---|
| 596 | + | committee that oversees an organization's animal program, facilities 492 |
|---|
| 597 | + | and procedures to ensure compliance with federal policies, guidelines 493 |
|---|
| 598 | + | and principles related to the care and use of animals in research; 494 |
|---|
| 599 | + | [(8)] (10) "Institutional review board" means a specifically constituted 495 |
|---|
| 600 | + | review body established or designated by an organization to protect the 496 |
|---|
| 601 | + | rights and welfare of persons recruited to participate in biomedical, 497 |
|---|
| 602 | + | behavioral or social science research; 498 |
|---|
| 603 | + | [(9) "Laboratory" means a laboratory located in the state that is 499 |
|---|
| 604 | + | licensed by the department to provide analysis of marijuana and that 500 |
|---|
| 605 | + | meets the licensure requirements set forth in section 21a-246; 501 |
|---|
| 606 | + | (10) "Laboratory employee" means a person who is registered as a 502 |
|---|
| 607 | + | laboratory employee pursuant to section 21a-408r;] 503 |
|---|
| 608 | + | (11) "Licensed dispensary" or "dispensary" means an individual who 504 |
|---|
| 609 | + | is a licensed pharmacist employed by a dispensary facility or hybrid 505 |
|---|
| 610 | + | retailer; 506 |
|---|
| 611 | + | (12) "Producer" means a person who is licensed as a producer 507 |
|---|
| 612 | + | pursuant to section 21a-408i; 508 |
|---|
| 613 | + | (13) "Marijuana" means marijuana, as defined in section 21a-240, as 509 |
|---|
| 614 | + | amended by this act; 510 |
|---|
| 615 | + | (14) "Nurse" means a person who is licensed as a nurse under chapter 511 |
|---|
| 616 | + | 378; 512 |
|---|
| 617 | + | (15) "Palliative use" means the acquisition, distribution, transfer, 513 |
|---|
| 618 | + | possession, use or transportation of marijuana or paraphernalia relating 514 |
|---|
| 619 | + | to marijuana, including the transfer of marijuana and paraphernalia 515 |
|---|
| 620 | + | relating to marijuana from the patient's caregiver to the qualifying 516 |
|---|
| 621 | + | patient, to alleviate a qualifying patient's symptoms of a debilitating 517 |
|---|
| 622 | + | medical condition or the effects of such symptoms, but does not include 518 |
|---|
| 623 | + | any such use of marijuana by any person other than the qualifying 519 |
|---|
| 624 | + | patient; 520 Raised Bill No. 6697 |
|---|
| 625 | + | |
|---|
| 626 | + | |
|---|
| 627 | + | |
|---|
| 628 | + | LCO No. 4402 18 of 93 |
|---|
| 629 | + | |
|---|
| 630 | + | (16) "Paraphernalia" means drug paraphernalia, as defined in section 521 |
|---|
| 631 | + | 21a-240, as amended by this act; 522 |
|---|
| 632 | + | (17) "Physician" means a person who is licensed as a physician under 523 |
|---|
| 633 | + | chapter 370; 524 |
|---|
| 634 | + | (18) "Physician assistant" means a person who is licensed as a 525 |
|---|
| 635 | + | physician assistant under chapter 370; 526 |
|---|
| 636 | + | (19) "Caregiver" means a person, other than the qualifying patient 527 |
|---|
| 637 | + | and the qualifying patient's physician, physician assistant or advanced 528 |
|---|
| 638 | + | practice registered nurse, who is eighteen years of age or older and has 529 |
|---|
| 639 | + | agreed to undertake responsibility for managing the well-being of the 530 |
|---|
| 640 | + | qualifying patient with respect to the palliative use of marijuana, 531 |
|---|
| 641 | + | provided (A) in the case of a qualifying patient (i) under eighteen years 532 |
|---|
| 642 | + | of age and not an emancipated minor, or (ii) otherwise lacking legal 533 |
|---|
| 643 | + | capacity, such person shall be a parent, guardian or person having legal 534 |
|---|
| 644 | + | custody of such qualifying patient, and (B) in the case of a qualifying 535 |
|---|
| 645 | + | patient eighteen years of age or older or an emancipated minor, the need 536 |
|---|
| 646 | + | for such person shall be evaluated by the qualifying patient's physician, 537 |
|---|
| 647 | + | physician assistant or advanced practice registered nurse and such need 538 |
|---|
| 648 | + | shall be documented in the written certification; 539 |
|---|
| 649 | + | (20) "Qualifying patient" means a person who: (A) Is a resident of 540 |
|---|
| 650 | + | Connecticut, (B) has been diagnosed by a physician, physician assistant 541 |
|---|
| 651 | + | or advanced practice registered nurse as having a debilitating medical 542 |
|---|
| 652 | + | condition, and (C) (i) is eighteen years of age or older, (ii) is an 543 |
|---|
| 653 | + | emancipated minor, or (iii) has written consent from a custodial parent, 544 |
|---|
| 654 | + | guardian or other person having legal custody of such person that 545 |
|---|
| 655 | + | indicates that such person has permission from such parent, guardian 546 |
|---|
| 656 | + | or other person for the palliative use of marijuana for a debilitating 547 |
|---|
| 657 | + | medical condition and that such parent, guardian or other person will 548 |
|---|
| 658 | + | (I) serve as a caregiver for the qualifying patient, and (II) control the 549 |
|---|
| 659 | + | acquisition and possession of marijuana and any related paraphernalia 550 |
|---|
| 660 | + | for palliative use on behalf of such person. "Qualifying patient" does not 551 |
|---|
| 661 | + | include an inmate confined in a correctional institution or facility under 552 Raised Bill No. 6697 |
|---|
| 662 | + | |
|---|
| 663 | + | |
|---|
| 664 | + | |
|---|
| 665 | + | LCO No. 4402 19 of 93 |
|---|
| 666 | + | |
|---|
| 667 | + | the supervision of the Department of Correction; 553 |
|---|
| 668 | + | (21) "Research program" means a study approved by the Department 554 |
|---|
| 669 | + | of Consumer Protection in accordance with this chapter and undertaken 555 |
|---|
| 670 | + | to increase information or knowledge regarding the growth or 556 |
|---|
| 671 | + | processing of marijuana, or the medical attributes, dosage forms, 557 |
|---|
| 672 | + | administration or use of marijuana to treat or alleviate symptoms of any 558 |
|---|
| 673 | + | medical conditions or the effects of such symptoms; 559 |
|---|
| 674 | + | (22) "Research program employee" means a person who (A) is 560 |
|---|
| 675 | + | registered as a research program employee under section 21a-408t, or 561 |
|---|
| 676 | + | (B) holds a temporary certificate of registration issued pursuant to 562 |
|---|
| 677 | + | section 21a-408t; 563 |
|---|
| 678 | + | (23) "Research program subject" means a person registered as a 564 |
|---|
| 679 | + | research program subject pursuant to section 21a-408v; 565 |
|---|
| 680 | + | (24) "Usable marijuana" means the dried leaves and flowers of the 566 |
|---|
| 681 | + | marijuana plant, and any mixtures or preparations of such leaves and 567 |
|---|
| 682 | + | flowers, that are appropriate for the palliative use of marijuana, but does 568 |
|---|
| 683 | + | not include the seeds, stalks and roots of the marijuana plant; and 569 |
|---|
| 684 | + | (25) "Written certification" means a written certification issued by a 570 |
|---|
| 685 | + | physician, physician assistant or advanced practice registered nurse 571 |
|---|
| 686 | + | pursuant to section 21a-408c. 572 |
|---|
| 687 | + | Sec. 3. Subsection (a) of section 21a-408b of the general statutes is 573 |
|---|
| 688 | + | repealed and the following is substituted in lieu thereof (Effective from 574 |
|---|
| 689 | + | passage): 575 |
|---|
| 690 | + | (a) No person may serve as a caregiver for a qualifying patient [(1)] 576 |
|---|
| 691 | + | unless such qualifying patient has a valid registration certificate from 577 |
|---|
| 692 | + | the Department of Consumer Protection pursuant to subsection (a) of 578 |
|---|
| 693 | + | section 21a-408d. [, and (2) if such person has been convicted of a 579 |
|---|
| 694 | + | violation of any law pertaining to the illegal manufacture, sale or 580 |
|---|
| 695 | + | distribution of a controlled substance.] A caregiver may not be 581 |
|---|
| 696 | + | responsible for the care of more than one qualifying patient at any time, 582 Raised Bill No. 6697 |
|---|
| 697 | + | |
|---|
| 698 | + | |
|---|
| 699 | + | |
|---|
| 700 | + | LCO No. 4402 20 of 93 |
|---|
| 701 | + | |
|---|
| 702 | + | except that a caregiver may be responsible for the care of more than one 583 |
|---|
| 703 | + | qualifying patient if the caregiver and each qualifying patient have a 584 |
|---|
| 704 | + | parental, grandparental, guardianship, conservatorship, spousal or 585 |
|---|
| 705 | + | sibling relationship. 586 |
|---|
| 706 | + | Sec. 4. Subsection (a) of section 21a-408j of the general statutes is 587 |
|---|
| 707 | + | repealed and the following is substituted in lieu thereof (Effective October 588 |
|---|
| 708 | + | 1, 2023): 589 |
|---|
| 709 | + | (a) No dispensary facility or employee of the dispensary facility may: 590 |
|---|
| 710 | + | (1) Acquire marijuana from a person other than a producer from a 591 |
|---|
| 711 | + | cultivator, micro-cultivator, product manufacturer, food and beverage 592 |
|---|
| 712 | + | manufacturer, product packager, or transporter, as such terms are 593 |
|---|
| 713 | + | defined in section 21a-420, as amended by this act; (2) transfer or 594 |
|---|
| 714 | + | transport marijuana to a person who is not (A) a qualifying patient 595 |
|---|
| 715 | + | registered under section 21a-408d; (B) a caregiver of such qualifying 596 |
|---|
| 716 | + | patient; (C) a hospice or other inpatient care facility licensed by the 597 |
|---|
| 717 | + | Department of Public Health pursuant to chapter 368v that has a 598 |
|---|
| 718 | + | protocol for the handling and distribution of marijuana that has been 599 |
|---|
| 719 | + | approved by the Department of Consumer Protection; (D) a cannabis 600 |
|---|
| 720 | + | testing laboratory; (E) an organization engaged in a research program; 601 |
|---|
| 721 | + | (F) a delivery service, as defined in section 21a-420, as amended by this 602 |
|---|
| 722 | + | act; or (G) a transporter, as defined in section 21a-420, as amended by 603 |
|---|
| 723 | + | this act; or (3) obtain or transport marijuana outside of this state in 604 |
|---|
| 724 | + | violation of state or federal law. 605 |
|---|
| 725 | + | Sec. 5. Section 21a-408k of the general statutes is repealed and the 606 |
|---|
| 726 | + | following is substituted in lieu thereof (Effective October 1, 2023): 607 |
|---|
| 727 | + | (a) No producer or employee of the producer may: (1) Sell, deliver, 608 |
|---|
| 728 | + | transport or distribute marijuana to a person who is not (A) a cannabis 609 |
|---|
| 729 | + | establishment, (B) a cannabis testing laboratory, or (C) an organization 610 |
|---|
| 730 | + | engaged in a research program, or (2) obtain or transport marijuana 611 |
|---|
| 731 | + | outside of this state in violation of state or federal law. 612 |
|---|
| 732 | + | (b) No licensed producer or employee of the producer acting within 613 |
|---|
| 733 | + | the scope of [his or her] such employee's employment shall be subject to 614 Raised Bill No. 6697 |
|---|
| 734 | + | |
|---|
| 735 | + | |
|---|
| 736 | + | |
|---|
| 737 | + | LCO No. 4402 21 of 93 |
|---|
| 738 | + | |
|---|
| 739 | + | arrest or prosecution or penalized in any manner, including, but not 615 |
|---|
| 740 | + | limited to, being subject to any civil penalty, or denied any right or 616 |
|---|
| 741 | + | privilege, including, but not limited to, being subject to any disciplinary 617 |
|---|
| 742 | + | action by a professional licensing board, for cultivating marijuana or 618 |
|---|
| 743 | + | selling, delivering, transferring, transporting or distributing marijuana 619 |
|---|
| 744 | + | to a cannabis establishment, cannabis testing laboratory or research 620 |
|---|
| 745 | + | program. 621 |
|---|
| 746 | + | Sec. 6. Subsections (a) to (d), inclusive, of section 21a-408r of the 622 |
|---|
| 747 | + | general statutes are repealed and the following is substituted in lieu 623 |
|---|
| 748 | + | thereof (Effective October 1, 2023): 624 |
|---|
| 749 | + | (a) No person may act as a cannabis testing laboratory or represent 625 |
|---|
| 750 | + | that such person is a cannabis testing laboratory unless such person has 626 |
|---|
| 751 | + | (1) obtained a license from the Commissioner of Consumer Protection 627 |
|---|
| 752 | + | pursuant to this section, or (2) (A) been granted approval by the 628 |
|---|
| 753 | + | Commissioner of Consumer Protection as of October 1, 2021, and (B) 629 |
|---|
| 754 | + | submitted an application to the Commissioner of Consumer Protection 630 |
|---|
| 755 | + | for licensure pursuant to this section in a form and manner prescribed 631 |
|---|
| 756 | + | by the commissioner. Such person may continue to act as a cannabis 632 |
|---|
| 757 | + | testing laboratory until such application for licensure under this section 633 |
|---|
| 758 | + | is approved or denied by the Commissioner of Consumer Protection. 634 |
|---|
| 759 | + | The fee to receive a provisional license as a cannabis testing laboratory 635 |
|---|
| 760 | + | shall be five hundred dollars, and the fee to receive a final license, or 636 |
|---|
| 761 | + | renewal of a final license, as a cannabis testing laboratory shall be one 637 |
|---|
| 762 | + | thousand dollars. 638 |
|---|
| 763 | + | (b) Except as provided in subsection (c) of this section, no person may 639 |
|---|
| 764 | + | act as a cannabis testing laboratory employee or represent that such 640 |
|---|
| 765 | + | person is a cannabis testing laboratory employee unless such person has 641 |
|---|
| 766 | + | obtained a registration from the Commissioner of Consumer Protection 642 |
|---|
| 767 | + | pursuant to this section. 643 |
|---|
| 768 | + | (c) Prior to the effective date of regulations adopted under this 644 |
|---|
| 769 | + | section, the Commissioner of Consumer Protection may issue a 645 |
|---|
| 770 | + | temporary certificate of registration to a cannabis testing laboratory 646 Raised Bill No. 6697 |
|---|
| 771 | + | |
|---|
| 772 | + | |
|---|
| 773 | + | |
|---|
| 774 | + | LCO No. 4402 22 of 93 |
|---|
| 775 | + | |
|---|
| 776 | + | employee. The commissioner shall prescribe the standards, procedures 647 |
|---|
| 777 | + | and fees for obtaining a temporary certificate of registration as a 648 |
|---|
| 778 | + | cannabis testing laboratory employee. 649 |
|---|
| 779 | + | (d) The Commissioner of Consumer Protection shall adopt 650 |
|---|
| 780 | + | regulations, in accordance with chapter 54, to (1) provide for the 651 |
|---|
| 781 | + | licensure or registration of cannabis testing laboratories and cannabis 652 |
|---|
| 782 | + | testing laboratory employees, (2) establish standards and procedures for 653 |
|---|
| 783 | + | the revocation, suspension, summary suspension and nonrenewal of 654 |
|---|
| 784 | + | cannabis testing laboratory licenses and cannabis testing laboratory 655 |
|---|
| 785 | + | employee registrations, provided such standards and procedures are 656 |
|---|
| 786 | + | consistent with the provisions of subsection (c) of section 4-182, (3) 657 |
|---|
| 787 | + | establish a [license or] registration renewal fee for each [licensed 658 |
|---|
| 788 | + | laboratory and] registered cannabis testing laboratory employee, 659 |
|---|
| 789 | + | provided the aggregate amount of such [license, registration and 660 |
|---|
| 790 | + | renewal] fees shall not be less than the amount necessary to cover the 661 |
|---|
| 791 | + | direct and indirect cost of [licensing,] registering and regulating 662 |
|---|
| 792 | + | [laboratories and] cannabis testing laboratory employees in accordance 663 |
|---|
| 793 | + | with the provisions of this chapter, (4) establish procedures by which 664 |
|---|
| 794 | + | cannabis testing laboratories shall accept marijuana samples from 665 |
|---|
| 795 | + | qualifying patients, and cannabis samples from consumers, for testing, 666 |
|---|
| 796 | + | and [(4)] (5) establish other licensing, registration, renewal and 667 |
|---|
| 797 | + | operational standards deemed necessary by the commissioner. For the 668 |
|---|
| 798 | + | purposes of this subsection, "cannabis" and "consumer" have the same 669 |
|---|
| 799 | + | meanings as provided in section 21a-420, as amended by this act. 670 |
|---|
| 800 | + | Sec. 7. Section 21a-408s of the general statutes is repealed and the 671 |
|---|
| 801 | + | following is substituted in lieu thereof (Effective October 1, 2023): 672 |
|---|
| 802 | + | (a) No cannabis testing laboratory or cannabis testing laboratory 673 |
|---|
| 803 | + | employee may (1) acquire marijuana from a person other than a 674 |
|---|
| 804 | + | cannabis establishment or an organization engaged in a research 675 |
|---|
| 805 | + | program, (2) deliver, transport or distribute marijuana to (A) a person 676 |
|---|
| 806 | + | who is not a cannabis establishment from which the marijuana was 677 |
|---|
| 807 | + | originally acquired by the cannabis testing laboratory or cannabis 678 |
|---|
| 808 | + | testing laboratory employee, or (B) an organization not engaged in a 679 Raised Bill No. 6697 |
|---|
| 809 | + | |
|---|
| 810 | + | |
|---|
| 811 | + | |
|---|
| 812 | + | LCO No. 4402 23 of 93 |
|---|
| 813 | + | |
|---|
| 814 | + | research program, or (3) obtain or transport marijuana outside of this 680 |
|---|
| 815 | + | state in violation of state or federal law. 681 |
|---|
| 816 | + | (b) (1) No cannabis testing laboratory employee acting within the 682 |
|---|
| 817 | + | scope of [his or her] such cannabis testing employee's employment shall 683 |
|---|
| 818 | + | be subject to arrest or prosecution, penalized in any manner, including, 684 |
|---|
| 819 | + | but not limited to, being subject to any civil penalty, or denied any right 685 |
|---|
| 820 | + | or privilege, including, but not limited to, being subject to any 686 |
|---|
| 821 | + | disciplinary action by a professional licensing board, for acquiring, 687 |
|---|
| 822 | + | possessing, delivering, transporting or distributing marijuana to a 688 |
|---|
| 823 | + | cannabis establishment or an organization engaged in an approved 689 |
|---|
| 824 | + | research program under the provisions of this chapter. 690 |
|---|
| 825 | + | (2) No cannabis testing laboratory shall be subject to prosecution, 691 |
|---|
| 826 | + | penalized in any manner, including, but not limited to, being subject to 692 |
|---|
| 827 | + | any civil penalty or denied any right or privilege, for acquiring, 693 |
|---|
| 828 | + | possessing, delivering, transporting or distributing marijuana to a 694 |
|---|
| 829 | + | cannabis establishment or an organization engaged in an approved 695 |
|---|
| 830 | + | research program under the provisions of this chapter. 696 |
|---|
| 831 | + | (c) A cannabis testing laboratory shall be independent from all other 697 |
|---|
| 832 | + | persons involved in the marijuana industry in Connecticut, which shall 698 |
|---|
| 833 | + | mean that no person with a direct or indirect financial, managerial or 699 |
|---|
| 834 | + | controlling interest in the cannabis testing laboratory shall have a direct 700 |
|---|
| 835 | + | or indirect financial, managerial or controlling interest in a cannabis 701 |
|---|
| 836 | + | establishment or any other entity that may benefit from the laboratory 702 |
|---|
| 837 | + | test results for a cannabis or marijuana sample or product. 703 |
|---|
| 838 | + | (d) A cannabis testing laboratory shall maintain all minimum security 704 |
|---|
| 839 | + | and safeguard requirements for the storage of handling of controlled 705 |
|---|
| 840 | + | substances as a laboratory that is licensed to provide analysis of 706 |
|---|
| 841 | + | controlled substances pursuant to section 21a-246 and any regulations 707 |
|---|
| 842 | + | adopted thereunder. 708 |
|---|
| 843 | + | Sec. 8. Section 21a-408u of the general statutes is repealed and the 709 |
|---|
| 844 | + | following is substituted in lieu thereof (Effective October 1, 2023): 710 Raised Bill No. 6697 |
|---|
| 845 | + | |
|---|
| 846 | + | |
|---|
| 847 | + | |
|---|
| 848 | + | LCO No. 4402 24 of 93 |
|---|
| 849 | + | |
|---|
| 850 | + | (a) No research program or research program employee may (1) 711 |
|---|
| 851 | + | acquire marijuana from a person other than a cannabis establishment or 712 |
|---|
| 852 | + | cannabis testing laboratory, (2) deliver, transport or distribute 713 |
|---|
| 853 | + | marijuana to a person who is not (A) a cannabis establishment, (B) a 714 |
|---|
| 854 | + | cannabis testing laboratory, or (C) a research program subject, (3) 715 |
|---|
| 855 | + | distribute or administer marijuana to an animal unless such animal is an 716 |
|---|
| 856 | + | animal research subject, or (4) obtain or transport marijuana outside of 717 |
|---|
| 857 | + | this state in violation of state or federal law. 718 |
|---|
| 858 | + | (b) No research program employee acting within the scope of [his or 719 |
|---|
| 859 | + | her] such research program employee's employment shall be subject to 720 |
|---|
| 860 | + | arrest or prosecution, penalized in any manner, including, but not 721 |
|---|
| 861 | + | limited to, being subject to any civil penalty, or denied any right or 722 |
|---|
| 862 | + | privilege, including, but not limited to, being subject to any disciplinary 723 |
|---|
| 863 | + | action by a professional licensing board, for acquiring, possessing, 724 |
|---|
| 864 | + | delivering, transporting or distributing marijuana to a cannabis 725 |
|---|
| 865 | + | establishment or cannabis testing laboratory, or a research program 726 |
|---|
| 866 | + | subject or distributing or administering marijuana to an animal research 727 |
|---|
| 867 | + | subject under the provisions of this chapter. 728 |
|---|
| 868 | + | Sec. 9. Section 21a-420 of the general statutes is repealed and the 729 |
|---|
| 869 | + | following is substituted in lieu thereof (Effective October 1, 2023): 730 |
|---|
| 870 | + | As used in RERACA, unless the context otherwise requires: 731 |
|---|
| 871 | + | (1) "Responsible and Equitable Regulation of Adult-Use Cannabis 732 |
|---|
| 872 | + | Act" or "RERACA" means this section, sections 2-56j, 7-294kk, 7-294ll, 733 |
|---|
| 873 | + | 12-330ll to 12-330nn, inclusive, 14-227p, 21a-278b, 21a-278c, 21a-279c, 734 |
|---|
| 874 | + | 21a-279d, 21a-420a to 21a-420i, inclusive, 21a-420l to 21a-421r, inclusive, 735 |
|---|
| 875 | + | 21a-421aa to 21a-421ff, inclusive, 21a-421aaa to 21a-421ggg, inclusive, 736 |
|---|
| 876 | + | 21a-422 to 21a-422c, inclusive, 21a-422e to 21a-422g, inclusive, 21a-422j 737 |
|---|
| 877 | + | to 21a-422s, inclusive, 22-61n, 23-4b, 47a-9a, as amended by this act, 53-738 |
|---|
| 878 | + | 247a, 53a-213a, 53a-213b, 54-33p, 54-56q, 54-56r, 54-125k and 54-142u, 739 |
|---|
| 879 | + | sections 23, 60, 63 to 65, inclusive, 124, 144 and 165 of public act 21-1 of 740 |
|---|
| 880 | + | the June special session and the amendments in public act 21-1 of the 741 |
|---|
| 881 | + | June special session to sections 7-148, 10-221, as amended by this act, 12-742 Raised Bill No. 6697 |
|---|
| 882 | + | |
|---|
| 883 | + | |
|---|
| 884 | + | |
|---|
| 885 | + | LCO No. 4402 25 of 93 |
|---|
| 886 | + | |
|---|
| 887 | + | 30a, 12-35b, 12-412, 12-650, 12-704d, 14-44k, 14-111e, 14-227a to 14-227c, 743 |
|---|
| 888 | + | inclusive, 14-227j, 15-140q, 15-140r, 18-100h, 19a-342, 19a-342a, 21a-267, 744 |
|---|
| 889 | + | as amended by this act, 21a-277, as amended by this act, 21a-279, 21a-745 |
|---|
| 890 | + | 279a, 21a-408 to 21a-408f, inclusive, as amended by this act, 21a-408h to 746 |
|---|
| 891 | + | 21a-408p, inclusive, 21a-408r to 21a-408v, inclusive, as amended by this 747 |
|---|
| 892 | + | act, 30-89a, 31-40q, 32-39, 46b-120, 51-164n, 53-394, 53a-39c, 54-1m, 54-748 |
|---|
| 893 | + | 33g, 54-41b, 54-56e, 54-56g, 54-56i, 54-56k, 54-56n, 54-63d, 54-66a, 54-749 |
|---|
| 894 | + | 142e, 21a-421hhh and 21a-420j, as amended by this act; 750 |
|---|
| 895 | + | (2) "Backer" means any individual with a direct or indirect financial 751 |
|---|
| 896 | + | interest in a cannabis establishment. "Backer" does not include an 752 |
|---|
| 897 | + | individual with an investment interest in a cannabis establishment if (A) 753 |
|---|
| 898 | + | the interest held by such individual and such individual's spouse, 754 |
|---|
| 899 | + | parent or child, in the aggregate, does not exceed five per cent of the 755 |
|---|
| 900 | + | total ownership or interest rights in such cannabis establishment, and 756 |
|---|
| 901 | + | (B) such individual does not participate directly or indirectly in the 757 |
|---|
| 902 | + | control, management or operation of the cannabis establishment; 758 |
|---|
| 903 | + | (3) "Cannabis" means marijuana, as defined in section 21a-240, as 759 |
|---|
| 904 | + | amended by this act; 760 |
|---|
| 905 | + | (4) "Cannabis establishment" means a producer, dispensary facility, 761 |
|---|
| 906 | + | cultivator, micro-cultivator, retailer, hybrid retailer, food and beverage 762 |
|---|
| 907 | + | manufacturer, product manufacturer, product packager, delivery 763 |
|---|
| 908 | + | service or transporter; 764 |
|---|
| 909 | + | (5) "Cannabis flower" means the flower, including abnormal and 765 |
|---|
| 910 | + | immature flowers, of a plant of the genus cannabis that has been 766 |
|---|
| 911 | + | harvested, dried and cured, and prior to any processing whereby the 767 |
|---|
| 912 | + | flower material is transformed into a cannabis product. "Cannabis 768 |
|---|
| 913 | + | flower" does not include (A) the leaves or stem of such plant, or (B) 769 |
|---|
| 914 | + | hemp, as defined in section 22-61l, as amended by this act; 770 |
|---|
| 915 | + | (6) "Cannabis testing laboratory" means a laboratory that (A) is 771 |
|---|
| 916 | + | located in this state, (B) is licensed by the department to analyze 772 |
|---|
| 917 | + | cannabis, and (C) meets the licensure requirements established in 773 |
|---|
| 918 | + | section 21a-408r, as amended by this act, and the regulations adopted 774 Raised Bill No. 6697 |
|---|
| 919 | + | |
|---|
| 920 | + | |
|---|
| 921 | + | |
|---|
| 922 | + | LCO No. 4402 26 of 93 |
|---|
| 923 | + | |
|---|
| 924 | + | pursuant to subsection (d) of section 21a-408r, as amended by this act; 775 |
|---|
| 925 | + | (7) "Cannabis testing laboratory employee" means an individual who 776 |
|---|
| 926 | + | is (A) employed at a cannabis testing laboratory, and (B) registered 777 |
|---|
| 927 | + | pursuant to section 21a-408r, as amended by this act, and the regulations 778 |
|---|
| 928 | + | adopted pursuant to subsection (d) of section 21a-408r, as amended by 779 |
|---|
| 929 | + | this act; 780 |
|---|
| 930 | + | [(6)] (8) "Cannabis trim" means all parts, including abnormal or 781 |
|---|
| 931 | + | immature parts, of a plant of the genus cannabis, other than cannabis 782 |
|---|
| 932 | + | flower, that have been harvested, dried and cured, and prior to any 783 |
|---|
| 933 | + | processing whereby the plant material is transformed into a cannabis 784 |
|---|
| 934 | + | product. "Cannabis trim" does not include hemp, as defined in section 785 |
|---|
| 935 | + | 22-61l, as amended by this act; 786 |
|---|
| 936 | + | [(7)] (9) "Cannabis product" means cannabis that is in the form of a 787 |
|---|
| 937 | + | cannabis concentrate or a product that contains cannabis, which may be 788 |
|---|
| 938 | + | combined with other ingredients, and is intended for use or 789 |
|---|
| 939 | + | consumption. "Cannabis product" does not include the raw cannabis 790 |
|---|
| 940 | + | plant; 791 |
|---|
| 941 | + | [(8)] (10) "Cannabis concentrate" means any form of concentration, 792 |
|---|
| 942 | + | including, but not limited to, extracts, oils, tinctures, shatter and waxes, 793 |
|---|
| 943 | + | that is extracted from cannabis; 794 |
|---|
| 944 | + | [(9) "Cannabis-type substances" have the same mea ning as 795 |
|---|
| 945 | + | "marijuana", as defined in section 21a-240;] 796 |
|---|
| 946 | + | [(10)] (11) "Commissioner" means the Commissioner of Consumer 797 |
|---|
| 947 | + | Protection and includes any designee of the commissioner; 798 |
|---|
| 948 | + | [(11)] (12) "Consumer" means an individual who is twenty-one years 799 |
|---|
| 949 | + | of age or older; 800 |
|---|
| 950 | + | [(12)] (13) "Cultivation" has the same meaning as provided in section 801 |
|---|
| 951 | + | 21a-408, as amended by this act; 802 |
|---|
| 952 | + | [(13)] (14) "Cultivator" means a person that is licensed to engage in 803 Raised Bill No. 6697 |
|---|
| 953 | + | |
|---|
| 954 | + | |
|---|
| 955 | + | |
|---|
| 956 | + | LCO No. 4402 27 of 93 |
|---|
| 957 | + | |
|---|
| 958 | + | the cultivation, growing and propagation of the cannabis plant at an 804 |
|---|
| 959 | + | establishment with not less than fifteen thousand square feet of grow 805 |
|---|
| 960 | + | space; 806 |
|---|
| 961 | + | [(14)] (15) "Delivery service" means a person that is licensed to deliver 807 |
|---|
| 962 | + | cannabis from (A) micro-cultivators, retailers and hybrid retailers to 808 |
|---|
| 963 | + | consumers and research program subjects, and (B) hybrid retailers and 809 |
|---|
| 964 | + | dispensary facilities to qualifying patients, caregivers and research 810 |
|---|
| 965 | + | program subjects, as defined in section 21a-408, as amended by this act, 811 |
|---|
| 966 | + | or to hospices or other inpatient care facilities licensed by the 812 |
|---|
| 967 | + | Department of Public Health pursuant to chapter 368v that have a 813 |
|---|
| 968 | + | protocol for the handling and distribution of cannabis that has been 814 |
|---|
| 969 | + | approved by the department, or a combination thereof; 815 |
|---|
| 970 | + | [(15)] (16) "Department" means the Department of Consumer 816 |
|---|
| 971 | + | Protection; 817 |
|---|
| 972 | + | [(16)] (17) "Dispensary facility" means a place of business where 818 |
|---|
| 973 | + | cannabis may be dispensed, sold or distributed in accordance with 819 |
|---|
| 974 | + | chapter 420f and any regulations adopted thereunder, to qualifying 820 |
|---|
| 975 | + | patients and caregivers, and to which the department has issued a 821 |
|---|
| 976 | + | dispensary facility license under chapter 420f and any regulations 822 |
|---|
| 977 | + | adopted thereunder; 823 |
|---|
| 978 | + | [(17)] (18) "Disproportionately impacted area" means a United States 824 |
|---|
| 979 | + | census tract in the state that has, as determined by the Social Equity 825 |
|---|
| 980 | + | Council under section 21a-420d, as amended by this act, (A) a historical 826 |
|---|
| 981 | + | conviction rate for drug-related offenses greater than one-tenth, or (B) 827 |
|---|
| 982 | + | an unemployment rate greater than ten per cent; 828 |
|---|
| 983 | + | [(18)] (19) "Disqualifying conviction" means a conviction within the 829 |
|---|
| 984 | + | last ten years which has not been the subject of an absolute pardon 830 |
|---|
| 985 | + | under the provisions of section 54-130a, or an equivalent pardon process 831 |
|---|
| 986 | + | under the laws of another state or the federal government, for an offense 832 |
|---|
| 987 | + | under (A) section 53a-276, 53a-277 or 53a-278; (B) section 53a-291, 53a-833 |
|---|
| 988 | + | 292 or 53a-293; (C) section 53a-215; (D) section 53a-138 or 53a-139; (E) 834 |
|---|
| 989 | + | section 53a-142a; (F) sections 53a-147 to 53a-162, inclusive; (G) sections 835 Raised Bill No. 6697 |
|---|
| 990 | + | |
|---|
| 991 | + | |
|---|
| 992 | + | |
|---|
| 993 | + | LCO No. 4402 28 of 93 |
|---|
| 994 | + | |
|---|
| 995 | + | 53a-125c to 53a-125f, inclusive; (H) section 53a-129b, 53a-129c or 53a-836 |
|---|
| 996 | + | 129d; (I) subsection (b) of section 12-737; (J) section 53a-48 or 53a-49, if 837 |
|---|
| 997 | + | the offense which is attempted or is an object of the conspiracy is an 838 |
|---|
| 998 | + | offense under the statutes listed in subparagraphs (A) to (I), inclusive, 839 |
|---|
| 999 | + | of this subdivision; or (K) the law of any other state or of the federal 840 |
|---|
| 1000 | + | government, if the offense on which such conviction is based is defined 841 |
|---|
| 1001 | + | by elements that substantially include the elements of an offense under 842 |
|---|
| 1002 | + | the statutes listed in subparagraphs (A) to (J), inclusive, of this 843 |
|---|
| 1003 | + | subdivision; 844 |
|---|
| 1004 | + | [(19)] (20) "Dispensary technician" means an individual who has had 845 |
|---|
| 1005 | + | an active pharmacy technician or dispensary technician registration in 846 |
|---|
| 1006 | + | this state within the past five years, is affiliated with a dispensary facility 847 |
|---|
| 1007 | + | or hybrid retailer and is registered with the department in accordance 848 |
|---|
| 1008 | + | with chapter 420f and any regulations adopted thereunder; 849 |
|---|
| 1009 | + | [(20)] (21) "Employee" means any person who is not a backer, but is a 850 |
|---|
| 1010 | + | member of the board of a company with an ownership interest in a 851 |
|---|
| 1011 | + | cannabis establishment, and any person employed by a cannabis 852 |
|---|
| 1012 | + | establishment or who otherwise has access to such establishment or the 853 |
|---|
| 1013 | + | vehicles used to transport cannabis, including, but not limited to, an 854 |
|---|
| 1014 | + | independent contractor who has routine access to the premises of such 855 |
|---|
| 1015 | + | establishment or to the cannabis handled by such establishment; 856 |
|---|
| 1016 | + | [(21)] (22) "Equity" and "equitable" means efforts, regulations, 857 |
|---|
| 1017 | + | policies, programs, standards, processes and any other functions of 858 |
|---|
| 1018 | + | government or principles of law and governance intended to: (A) 859 |
|---|
| 1019 | + | Identify and remedy past and present patterns of discrimination and 860 |
|---|
| 1020 | + | disparities of race, ethnicity, gender and sexual orientation; (B) ensure 861 |
|---|
| 1021 | + | that such patterns of discrimination and disparities, whether intentional 862 |
|---|
| 1022 | + | or unintentional, are neither reinforced nor perpetuated; and (C) 863 |
|---|
| 1023 | + | prevent the emergence and persistence of foreseeable future patterns of 864 |
|---|
| 1024 | + | discrimination or disparities of race, ethnicity, gender and sexual 865 |
|---|
| 1025 | + | orientation; 866 |
|---|
| 1026 | + | [(22)] (23) "Equity joint venture" means a business entity that is at 867 Raised Bill No. 6697 |
|---|
| 1027 | + | |
|---|
| 1028 | + | |
|---|
| 1029 | + | |
|---|
| 1030 | + | LCO No. 4402 29 of 93 |
|---|
| 1031 | + | |
|---|
| 1032 | + | least fifty per cent owned and controlled by an individual or 868 |
|---|
| 1033 | + | individuals, or such applicant is an individual, who meets the criteria of 869 |
|---|
| 1034 | + | subparagraphs (A) and (B) of subdivision [(48)] (47) of this section; 870 |
|---|
| 1035 | + | [(23)] (24) "Extract" means the preparation, compounding, conversion 871 |
|---|
| 1036 | + | or processing of cannabis, either directly or indirectly by extraction or 872 |
|---|
| 1037 | + | independently by means of chemical synthesis, or by a combination of 873 |
|---|
| 1038 | + | extraction and chemical synthesis to produce a cannabis concentrate; 874 |
|---|
| 1039 | + | [(24)] (25) "Financial interest" means any right to, ownership, an 875 |
|---|
| 1040 | + | investment or a compensation arrangement with another person, 876 |
|---|
| 1041 | + | directly, through business, investment or family. "Financial interest" 877 |
|---|
| 1042 | + | does not include ownership of investment securities in a publicly-held 878 |
|---|
| 1043 | + | corporation that is traded on a national exchange or over-the-counter 879 |
|---|
| 1044 | + | market, provided the investment securities held by such person and 880 |
|---|
| 1045 | + | such person's spouse, parent or child, in the aggregate, do not exceed 881 |
|---|
| 1046 | + | one-half of one per cent of the total number of shares issued by the 882 |
|---|
| 1047 | + | corporation; 883 |
|---|
| 1048 | + | [(25)] (26) "Food and beverage manufacturer" means a person that is 884 |
|---|
| 1049 | + | licensed to own and operate a place of business that acquires cannabis 885 |
|---|
| 1050 | + | and creates food and beverages; 886 |
|---|
| 1051 | + | [(26)] (27) "Grow space" means the portion of a premises owned and 887 |
|---|
| 1052 | + | controlled by a producer, cultivator or micro-cultivator that is utilized 888 |
|---|
| 1053 | + | for the cultivation, growing or propagation of the cannabis plant, and 889 |
|---|
| 1054 | + | contains cannabis plants in an active stage of growth, measured starting 890 |
|---|
| 1055 | + | from the outermost wall of the room containing cannabis plants and 891 |
|---|
| 1056 | + | continuing around the outside of the room. "Grow space" does not 892 |
|---|
| 1057 | + | include space used to cure, process, store harvested cannabis or 893 |
|---|
| 1058 | + | manufacture cannabis once the cannabis has been harvested; 894 |
|---|
| 1059 | + | [(27)] (28) "Historical conviction count for drug-related offenses" 895 |
|---|
| 1060 | + | means, for a given area, the number of convictions of residents of such 896 |
|---|
| 1061 | + | area (A) for violations of sections 21a-267, as amended by this act, 21a-897 |
|---|
| 1062 | + | 277, as amended by this act, 21a-278, as amended by this act, 21a-279 898 |
|---|
| 1063 | + | and 21a-279a, and (B) who were arrested for such violations between 899 Raised Bill No. 6697 |
|---|
| 1064 | + | |
|---|
| 1065 | + | |
|---|
| 1066 | + | |
|---|
| 1067 | + | LCO No. 4402 30 of 93 |
|---|
| 1068 | + | |
|---|
| 1069 | + | January 1, 1982, and December 31, 2020, inclusive, where such arrest 900 |
|---|
| 1070 | + | was recorded in databases maintained by the Department of Emergency 901 |
|---|
| 1071 | + | Services and Public Protection; 902 |
|---|
| 1072 | + | [(28)] (29) "Historical conviction rate for drug-related offenses" 903 |
|---|
| 1073 | + | means, for a given area, the historical conviction count for drug-related 904 |
|---|
| 1074 | + | offenses divided by the population of such area, as determined by the 905 |
|---|
| 1075 | + | five-year estimates of the most recent American Community Survey 906 |
|---|
| 1076 | + | conducted by the United States Census Bureau; 907 |
|---|
| 1077 | + | [(29)] (30) "Hybrid retailer" means a person that is licensed to 908 |
|---|
| 1078 | + | purchase cannabis and sell cannabis and medical marijuana products; 909 |
|---|
| 1079 | + | [(30)] (31) "Key employee" means an employee with the following 910 |
|---|
| 1080 | + | management position or an equivalent title within a cannabis 911 |
|---|
| 1081 | + | establishment: (A) President or chief officer, who is the top ranking 912 |
|---|
| 1082 | + | individual at the cannabis establishment and is responsible for all staff 913 |
|---|
| 1083 | + | and overall direction of business operations; (B) financial manager, who 914 |
|---|
| 1084 | + | is the individual who reports to the president or chief officer and who is 915 |
|---|
| 1085 | + | [generally] responsible for oversight of the financial operations of the 916 |
|---|
| 1086 | + | cannabis establishment, [including, but not limited to, revenue 917 |
|---|
| 1087 | + | generation,] which financial operations include one or more of the 918 |
|---|
| 1088 | + | following: (i) Revenue and expense management; (ii) distributions; [,] 919 |
|---|
| 1089 | + | (iii) tax compliance; [and] (iv) budget development; or (v) budget 920 |
|---|
| 1090 | + | management and implementation; or (C) compliance manager, who is 921 |
|---|
| 1091 | + | the individual who reports to the president or chief officer and who is 922 |
|---|
| 1092 | + | generally responsible for ensuring the cannabis establishment complies 923 |
|---|
| 1093 | + | with all laws, regulations and requirements related to the operation of 924 |
|---|
| 1094 | + | the cannabis establishment; 925 |
|---|
| 1095 | + | [(31) "Laboratory" means a laboratory located in the state that is 926 |
|---|
| 1096 | + | licensed by the department to provide analysis of cannabis that meets 927 |
|---|
| 1097 | + | the licensure requirements set forth in section 21a-246; 928 |
|---|
| 1098 | + | (32) "Laboratory employee" means an individual who is registered as 929 |
|---|
| 1099 | + | a laboratory employee pursuant to section 21a-408r;] 930 Raised Bill No. 6697 |
|---|
| 1100 | + | |
|---|
| 1101 | + | |
|---|
| 1102 | + | |
|---|
| 1103 | + | LCO No. 4402 31 of 93 |
|---|
| 1104 | + | |
|---|
| 1105 | + | [(33)] (32) "Labor peace agreement" means an agreement between a 931 |
|---|
| 1106 | + | cannabis establishment and a bona fide labor organization under section 932 |
|---|
| 1107 | + | 21a-421d pursuant to which the owners and management of the 933 |
|---|
| 1108 | + | cannabis establishment agree not to lock out employees and that 934 |
|---|
| 1109 | + | prohibits the bona fide labor organization from engaging in picketing, 935 |
|---|
| 1110 | + | work stoppages or boycotts against the cannabis establishment; 936 |
|---|
| 1111 | + | [(34)] (33) "Manufacture" means to add or incorporate cannabis into 937 |
|---|
| 1112 | + | other products or ingredients or create a cannabis product; 938 |
|---|
| 1113 | + | [(35)] (34) "Medical marijuana product" means cannabis that may be 939 |
|---|
| 1114 | + | exclusively sold to qualifying patients and caregivers by dispensary 940 |
|---|
| 1115 | + | facilities and hybrid retailers and which are designated by the 941 |
|---|
| 1116 | + | commissioner as reserved for sale to qualifying patients and caregivers 942 |
|---|
| 1117 | + | and published on the department's Internet web site; 943 |
|---|
| 1118 | + | [(36)] (35) "Micro-cultivator" means a person licensed to engage in the 944 |
|---|
| 1119 | + | cultivation, growing and propagation of the cannabis plant at an 945 |
|---|
| 1120 | + | establishment containing not less than two thousand square feet and not 946 |
|---|
| 1121 | + | more than ten thousand square feet of grow space, prior to any 947 |
|---|
| 1122 | + | expansion authorized by the commissioner; 948 |
|---|
| 1123 | + | [(37)] (36) "Municipality" means any town, city or borough, 949 |
|---|
| 1124 | + | consolidated town and city or consolidated town and borough; 950 |
|---|
| 1125 | + | [(38)] (37) "Paraphernalia" means drug paraphernalia, as defined in 951 |
|---|
| 1126 | + | section 21a-240, as amended by this act; 952 |
|---|
| 1127 | + | [(39)] (38) "Person" means an individual, partnership, limited liability 953 |
|---|
| 1128 | + | company, society, association, joint stock company, corporation, estate, 954 |
|---|
| 1129 | + | receiver, trustee, assignee, referee or any other legal entity and any other 955 |
|---|
| 1130 | + | person acting in a fiduciary or representative capacity, whether 956 |
|---|
| 1131 | + | appointed by a court or otherwise, and any combination thereof; 957 |
|---|
| 1132 | + | [(40)] (39) "Producer" means a person that is licensed as a producer 958 |
|---|
| 1133 | + | pursuant to section 21a-408i and any regulations adopted thereunder; 959 |
|---|
| 1134 | + | [(41)] (40) "Product manufacturer" means a person that is licensed to 960 Raised Bill No. 6697 |
|---|
| 1135 | + | |
|---|
| 1136 | + | |
|---|
| 1137 | + | |
|---|
| 1138 | + | LCO No. 4402 32 of 93 |
|---|
| 1139 | + | |
|---|
| 1140 | + | obtain cannabis, extract and manufacture products exclusive to such 961 |
|---|
| 1141 | + | license type; 962 |
|---|
| 1142 | + | [(42)] (41) "Product packager" means a person that is licensed to 963 |
|---|
| 1143 | + | package and label cannabis; 964 |
|---|
| 1144 | + | [(43)] (42) "Qualifying patient" has the same meaning as provided in 965 |
|---|
| 1145 | + | section 21a-408, as amended by this act; 966 |
|---|
| 1146 | + | [(44)] (43) "Research program" has the same meaning as provided in 967 |
|---|
| 1147 | + | section 21a-408, as amended by this act; 968 |
|---|
| 1148 | + | [(45)] (44) "Retailer" means a person, excluding a dispensary facility 969 |
|---|
| 1149 | + | and hybrid retailer, that is licensed to purchase cannabis from 970 |
|---|
| 1150 | + | producers, cultivators, micro-cultivators, product manufacturers and 971 |
|---|
| 1151 | + | food and beverage manufacturers and to sell cannabis to consumers and 972 |
|---|
| 1152 | + | research programs; 973 |
|---|
| 1153 | + | [(46)] (45) "Sale" or "sell" has the same meaning as provided in section 974 |
|---|
| 1154 | + | 21a-240, as amended by this act; 975 |
|---|
| 1155 | + | [(47)] (46) "Social Equity Council" or "council" means the council 976 |
|---|
| 1156 | + | established under section 21a-420d, as amended by this act; 977 |
|---|
| 1157 | + | [(48)] (47) "Social equity applicant" means a person that has applied 978 |
|---|
| 1158 | + | for a license for a cannabis establishment, where such applicant is at 979 |
|---|
| 1159 | + | least sixty-five per cent owned and controlled by an individual or 980 |
|---|
| 1160 | + | individuals, or such applicant is an individual, who: 981 |
|---|
| 1161 | + | (A) Had an average household income of less than three hundred per 982 |
|---|
| 1162 | + | cent of the state median household income over the three tax years 983 |
|---|
| 1163 | + | immediately preceding such individual's application; and 984 |
|---|
| 1164 | + | (B) (i) Was a resident of a disproportionately impacted area for not 985 |
|---|
| 1165 | + | less than five of the ten years immediately preceding the date of such 986 |
|---|
| 1166 | + | application; or 987 |
|---|
| 1167 | + | (ii) Was a resident of a disproportionately impacted area for not less 988 Raised Bill No. 6697 |
|---|
| 1168 | + | |
|---|
| 1169 | + | |
|---|
| 1170 | + | |
|---|
| 1171 | + | LCO No. 4402 33 of 93 |
|---|
| 1172 | + | |
|---|
| 1173 | + | than nine years prior to attaining the age of eighteen; 989 |
|---|
| 1174 | + | [(49)] (48) "THC" has the same meaning as provided in section 21a-990 |
|---|
| 1175 | + | 240, as amended by this act; 991 |
|---|
| 1176 | + | [(50)] (49) "Third-party lottery operator" means a person, or a 992 |
|---|
| 1177 | + | constituent unit of the state system of higher education, that conducts 993 |
|---|
| 1178 | + | lotteries pursuant to section 21a-420g, as amended by this act, identifies 994 |
|---|
| 1179 | + | the cannabis establishment license applications for consideration 995 |
|---|
| 1180 | + | without performing any review of the applications that are identified 996 |
|---|
| 1181 | + | for consideration, and that has no direct or indirect oversight of or 997 |
|---|
| 1182 | + | investment in a cannabis establishment or a cannabis establishment 998 |
|---|
| 1183 | + | applicant; 999 |
|---|
| 1184 | + | [(51)] (50) "Transfer" means to transfer, change, give or otherwise 1000 |
|---|
| 1185 | + | dispose of control over or interest in; 1001 |
|---|
| 1186 | + | [(52)] (51) "Transport" means to physically move from one place to 1002 |
|---|
| 1187 | + | another; 1003 |
|---|
| 1188 | + | [(53)] (52) "Transporter" means a person licensed to transport 1004 |
|---|
| 1189 | + | cannabis between cannabis establishments, cannabis testing 1005 |
|---|
| 1190 | + | laboratories and research programs; and 1006 |
|---|
| 1191 | + | [(54)] (53) "Unemployment rate" means, in a given area, the number 1007 |
|---|
| 1192 | + | of people sixteen years of age or older who are in the civilian labor force 1008 |
|---|
| 1193 | + | and unemployed divided by the number of people sixteen years of age 1009 |
|---|
| 1194 | + | or older who are in the civilian labor force. 1010 |
|---|
| 1195 | + | Sec. 10. Section 21a-420e of the general statutes is repealed and the 1011 |
|---|
| 1196 | + | following is substituted in lieu thereof (Effective from passage): 1012 |
|---|
| 1197 | + | (a) Not later than thirty days after the date that the Social Equity 1013 |
|---|
| 1198 | + | Council identifies the criteria and the necessary supporting 1014 |
|---|
| 1199 | + | documentation for social equity applicants and posts such information 1015 |
|---|
| 1200 | + | on its Internet web site, the department may accept applications for the 1016 |
|---|
| 1201 | + | following cannabis establishment license types: (1) Retailer, (2) hybrid 1017 |
|---|
| 1202 | + | retailer, (3) cultivator, (4) micro-cultivator, (5) product manufacturer, (6) 1018 Raised Bill No. 6697 |
|---|
| 1203 | + | |
|---|
| 1204 | + | |
|---|
| 1205 | + | |
|---|
| 1206 | + | LCO No. 4402 34 of 93 |
|---|
| 1207 | + | |
|---|
| 1208 | + | food and beverage manufacturer, (7) product packager, (8) delivery 1019 |
|---|
| 1209 | + | service, [and] (9) transporter, (10) dispensary facility, and (11) producer. 1020 |
|---|
| 1210 | + | Each application for licensure shall require the applicant to indicate 1021 |
|---|
| 1211 | + | whether the applicant wants to be considered for treatment as a social 1022 |
|---|
| 1212 | + | equity applicant. 1023 |
|---|
| 1213 | + | (b) On and after July 1, 2021, the department may accept applications 1024 |
|---|
| 1214 | + | from any dispensary facility to convert its license to a hybrid-retailer 1025 |
|---|
| 1215 | + | license and any producer for expanded authorization to engage in the 1026 |
|---|
| 1216 | + | adult use cannabis market under its license issued pursuant to section 1027 |
|---|
| 1217 | + | 21a-408i. 1028 |
|---|
| 1218 | + | (c) Except as provided in subsection [(e)] (d) of this section, the 1029 |
|---|
| 1219 | + | following fees shall be paid by each applicant: 1030 |
|---|
| 1220 | + | (1) For a retailer license, the fee to enter the lottery shall be five 1031 |
|---|
| 1221 | + | hundred dollars, the fee to receive a provisional license shall be five 1032 |
|---|
| 1222 | + | thousand dollars and the fee to receive a final license or a renewal of a 1033 |
|---|
| 1223 | + | final license shall be twenty-five thousand dollars. 1034 |
|---|
| 1224 | + | (2) For a hybrid retailer license, the fee to enter the lottery shall be five 1035 |
|---|
| 1225 | + | hundred dollars, the fee to receive a provisional license shall be five 1036 |
|---|
| 1226 | + | thousand dollars and the fee to receive a final license or a renewal of a 1037 |
|---|
| 1227 | + | final license shall be twenty-five thousand dollars. 1038 |
|---|
| 1228 | + | (3) For a cultivator license, the fee to enter the lottery shall be one 1039 |
|---|
| 1229 | + | thousand dollars, the fee to receive a provisional license shall be twenty-1040 |
|---|
| 1230 | + | five thousand dollars and the fee to receive a final license or a renewal 1041 |
|---|
| 1231 | + | of a final license shall be seventy-five thousand dollars. 1042 |
|---|
| 1232 | + | (4) For a micro-cultivator license, the fee to enter the lottery shall be 1043 |
|---|
| 1233 | + | two hundred fifty dollars, the fee to receive a provisional license shall 1044 |
|---|
| 1234 | + | be five hundred dollars and the fee to receive a final license or a renewal 1045 |
|---|
| 1235 | + | of a final license shall be one thousand dollars. 1046 |
|---|
| 1236 | + | (5) For a product manufacturer license, the fee to enter the lottery 1047 |
|---|
| 1237 | + | shall be seven hundred fifty dollars, the fee to receive a provisional 1048 Raised Bill No. 6697 |
|---|
| 1238 | + | |
|---|
| 1239 | + | |
|---|
| 1240 | + | |
|---|
| 1241 | + | LCO No. 4402 35 of 93 |
|---|
| 1242 | + | |
|---|
| 1243 | + | license shall be five thousand dollars and the fee to receive a final license 1049 |
|---|
| 1244 | + | or a renewal of a final license shall be twenty-five thousand dollars. 1050 |
|---|
| 1245 | + | (6) For a food and beverage manufacturer license, the fee to enter the 1051 |
|---|
| 1246 | + | lottery shall be two hundred fifty dollars, the fee to receive a provisional 1052 |
|---|
| 1247 | + | license shall be one thousand dollars and the fee to receive a final license 1053 |
|---|
| 1248 | + | or a renewal of a final license shall be five thousand dollars. 1054 |
|---|
| 1249 | + | (7) For a product packager license, the fee to enter the lottery shall be 1055 |
|---|
| 1250 | + | five hundred dollars, the fee to receive a provisional license shall be five 1056 |
|---|
| 1251 | + | thousand dollars and the fee to receive a final license or a renewal of a 1057 |
|---|
| 1252 | + | final license shall be twenty-five thousand dollars. 1058 |
|---|
| 1253 | + | (8) For a delivery service or transporter license, the fee to enter the 1059 |
|---|
| 1254 | + | lottery shall be two hundred fifty dollars, the fee to receive a provisional 1060 |
|---|
| 1255 | + | license shall be one thousand dollars and the fee to receive a final license 1061 |
|---|
| 1256 | + | or a renewal of a final license shall be five thousand dollars. 1062 |
|---|
| 1257 | + | (9) For an initial or renewal of a backer license, the fee shall be one 1063 |
|---|
| 1258 | + | hundred dollars. 1064 |
|---|
| 1259 | + | (10) For an initial or renewal of a key employee license, the fee shall 1065 |
|---|
| 1260 | + | be one hundred dollars. 1066 |
|---|
| 1261 | + | (11) For an initial or renewal of a registration of an employee who is 1067 |
|---|
| 1262 | + | not a key employee, the fee shall be fifty dollars. 1068 |
|---|
| 1263 | + | (12) The license conversion fee for a dispensary facility to become a 1069 |
|---|
| 1264 | + | hybrid retailer shall be one million dollars, except as provided in section 1070 |
|---|
| 1265 | + | 21a-420u, as amended by this act. 1071 |
|---|
| 1266 | + | (13) The license conversion fee for a producer to engage in the adult 1072 |
|---|
| 1267 | + | use cannabis market shall be three million dollars, except as provided in 1073 |
|---|
| 1268 | + | section 21a-420l. 1074 |
|---|
| 1269 | + | (d) For any dispensary facility that has become a hybrid retailer, the 1075 |
|---|
| 1270 | + | renewal fee shall be the same as the fee for a hybrid retailer set forth in 1076 |
|---|
| 1271 | + | subdivision (2) of subsection (c) of this section. For any producer, the 1077 Raised Bill No. 6697 |
|---|
| 1272 | + | |
|---|
| 1273 | + | |
|---|
| 1274 | + | |
|---|
| 1275 | + | LCO No. 4402 36 of 93 |
|---|
| 1276 | + | |
|---|
| 1277 | + | renewal fee shall be the same as set forth in section 21a-408i. A social 1078 |
|---|
| 1278 | + | equity applicant shall pay fifty per cent of the amount of any of the fees 1079 |
|---|
| 1279 | + | specified in subsection (c) of this section for the first three renewal cycles 1080 |
|---|
| 1280 | + | of the applicable cannabis establishment license applied for, and the full 1081 |
|---|
| 1281 | + | amount thereafter, provided in the case of the fees set forth in 1082 |
|---|
| 1282 | + | subdivisions (12) and (13) of subsection (c) of this section, a social equity 1083 |
|---|
| 1283 | + | applicant shall pay the full amount of the fee. 1084 |
|---|
| 1284 | + | (e) For the fiscal year ending June 30, 2023, and thereafter, fees 1085 |
|---|
| 1285 | + | collected by the department under this section shall be paid to the State 1086 |
|---|
| 1286 | + | Treasurer and credited to the General Fund, except that the fees 1087 |
|---|
| 1287 | + | collected under subdivisions (12) and (13) of subsection (c) of this 1088 |
|---|
| 1288 | + | section shall be deposited in the Social Equity and Innovation Fund 1089 |
|---|
| 1289 | + | established under section 21a-420f. 1090 |
|---|
| 1290 | + | (f) For each license type: 1091 |
|---|
| 1291 | + | (1) Applicants shall apply on a form and in a manner prescribed by 1092 |
|---|
| 1292 | + | the commissioner, which form shall include a method for the applicant 1093 |
|---|
| 1293 | + | to request consideration as a social equity applicant; and 1094 |
|---|
| 1294 | + | (2) The department shall post on its Internet web site the application 1095 |
|---|
| 1295 | + | period, which shall specify the first and last date that the department 1096 |
|---|
| 1296 | + | will accept applications for that license type. The first date that the 1097 |
|---|
| 1297 | + | department shall accept applications shall be no sooner than thirty days 1098 |
|---|
| 1298 | + | after the date the Social Equity Council posts the criteria and supporting 1099 |
|---|
| 1299 | + | documentation necessary to qualify for consideration as a social equity 1100 |
|---|
| 1300 | + | applicant as set forth in section 21a-420g, as amended by this act. Only 1101 |
|---|
| 1301 | + | complete license applications received by the department during the 1102 |
|---|
| 1302 | + | application period shall be considered. 1103 |
|---|
| 1303 | + | (g) (1) No current or former state officer or employee, or employee of 1104 |
|---|
| 1304 | + | any other person who at any time had access to an application submitted 1105 |
|---|
| 1305 | + | to the department pursuant to this section, may disclose such 1106 |
|---|
| 1306 | + | application, or any information included in or submitted with such 1107 |
|---|
| 1307 | + | application, unless such disclosure is authorized under this subsection. 1108 Raised Bill No. 6697 |
|---|
| 1308 | + | |
|---|
| 1309 | + | |
|---|
| 1310 | + | |
|---|
| 1311 | + | LCO No. 4402 37 of 93 |
|---|
| 1312 | + | |
|---|
| 1313 | + | (2) The commissioner may disclose the following information 1109 |
|---|
| 1314 | + | concerning an application submitted to the department pursuant to this 1110 |
|---|
| 1315 | + | section: 1111 |
|---|
| 1316 | + | (A) The applicant's name; 1112 |
|---|
| 1317 | + | (B) The license type for which such application was submitted; 1113 |
|---|
| 1318 | + | (C) The applicant's social equity designation, if any; 1114 |
|---|
| 1319 | + | (D) The applicant's address; 1115 |
|---|
| 1320 | + | (E) The name, electronic mail address and telephone number of the 1116 |
|---|
| 1321 | + | applicant's owner; 1117 |
|---|
| 1322 | + | (F) The ownership interest that an owner of a social equity applicant 1118 |
|---|
| 1323 | + | holds in such applicant, expressed as a percentage of all ownership 1119 |
|---|
| 1324 | + | interests in such applicant; 1120 |
|---|
| 1325 | + | (G) The name and address of the person who serves as the applicant's 1121 |
|---|
| 1326 | + | primary business contact; 1122 |
|---|
| 1327 | + | (H) The application number assigned to such application; 1123 |
|---|
| 1328 | + | (I) The date such application was submitted to the department; 1124 |
|---|
| 1329 | + | (J) Information concerning the applicant's formation, including, but 1125 |
|---|
| 1330 | + | not limited to, the applicant's business entity type, formation date and 1126 |
|---|
| 1331 | + | place, and business registration number as such number appears on the 1127 |
|---|
| 1332 | + | electronic business portal established by the Commercial Recording 1128 |
|---|
| 1333 | + | Division of the office of the Secretary of the State pursuant to section 3-1129 |
|---|
| 1334 | + | 99d; and 1130 |
|---|
| 1335 | + | (K) The name of all cannabis businesses associated with the applicant 1131 |
|---|
| 1336 | + | and listed on such application. 1132 |
|---|
| 1337 | + | (3) (A) In addition to the information described in subdivision (2) of 1133 |
|---|
| 1338 | + | this subsection, the commissioner may, in the commissioner's sole 1134 |
|---|
| 1339 | + | discretion, disclose any personal information or financial document 1135 Raised Bill No. 6697 |
|---|
| 1340 | + | |
|---|
| 1341 | + | |
|---|
| 1342 | + | |
|---|
| 1343 | + | LCO No. 4402 38 of 93 |
|---|
| 1344 | + | |
|---|
| 1345 | + | associated with an application submitted to the department pursuant to 1136 |
|---|
| 1346 | + | this section to: 1137 |
|---|
| 1347 | + | (i) A federal, state or local government agency acting in the course of 1138 |
|---|
| 1348 | + | such agency's governmental functions, or a person acting on behalf of 1139 |
|---|
| 1349 | + | such agency in performing such functions; 1140 |
|---|
| 1350 | + | (ii) A college or university conducting research or assisting the state 1141 |
|---|
| 1351 | + | in reviewing such applications, provided such college or university 1142 |
|---|
| 1352 | + | agrees not to disclose any personally identifying information or 1143 |
|---|
| 1353 | + | confidential business information and deidentify any personal or 1144 |
|---|
| 1354 | + | financial information such college or university receives from the 1145 |
|---|
| 1355 | + | department before releasing any report, study, survey or similar 1146 |
|---|
| 1356 | + | document concerning such information; 1147 |
|---|
| 1357 | + | (iii) An officer of the court in connection with an administrative, 1148 |
|---|
| 1358 | + | arbitral, civil or criminal proceeding in a court of competent jurisdiction 1149 |
|---|
| 1359 | + | or before a government agency or self-regulatory body, including, but 1150 |
|---|
| 1360 | + | not limited to, the service of process, an investigation performed in 1151 |
|---|
| 1361 | + | anticipation of litigation, an order issued by such court or the execution 1152 |
|---|
| 1362 | + | or enforcement of a judgment or order issued by such court, provided 1153 |
|---|
| 1363 | + | the person to whom the commissioner discloses such information or 1154 |
|---|
| 1364 | + | document is a party in interest to such proceeding; 1155 |
|---|
| 1365 | + | (iv) A state marshal in the course of performing such marshal's duties 1156 |
|---|
| 1366 | + | under section 6-38a; or 1157 |
|---|
| 1367 | + | (v) The applicant or the applicant's owner to confirm that any such 1158 |
|---|
| 1368 | + | information or document such applicant or owner submitted to the 1159 |
|---|
| 1369 | + | department in connection with such application is accurate. 1160 |
|---|
| 1370 | + | (B) Any personal information or financial document the 1161 |
|---|
| 1371 | + | commissioner discloses pursuant to subparagraph (A) of this 1162 |
|---|
| 1372 | + | subdivision shall remain confidential, and no person described in 1163 |
|---|
| 1373 | + | subparagraphs (A)(i) to (A)(iv), inclusive, of this subdivision shall 1164 |
|---|
| 1374 | + | further disseminate such information or document in a manner that 1165 |
|---|
| 1375 | + | would enable another person to identify any person referenced in, and 1166 Raised Bill No. 6697 |
|---|
| 1376 | + | |
|---|
| 1377 | + | |
|---|
| 1378 | + | |
|---|
| 1379 | + | LCO No. 4402 39 of 93 |
|---|
| 1380 | + | |
|---|
| 1381 | + | related to, such information or document unless such disclosure is 1167 |
|---|
| 1382 | + | required under other applicable law. 1168 |
|---|
| 1383 | + | Sec. 11. Subsections (a) to (i), inclusive, of section 21a-420g of the 1169 |
|---|
| 1384 | + | general statutes are repealed and the following is substituted in lieu 1170 |
|---|
| 1385 | + | thereof (Effective from passage): 1171 |
|---|
| 1386 | + | (a) The Social Equity Council shall review the ownership information 1172 |
|---|
| 1387 | + | and any other information necessary to confirm that an applicant 1173 |
|---|
| 1388 | + | qualifies as a social equity applicant for all cannabis establishment 1174 |
|---|
| 1389 | + | license type applications submitted to the department and designated 1175 |
|---|
| 1390 | + | by the applicant as a social equity applicant. The Social Equity Council 1176 |
|---|
| 1391 | + | shall prescribe the documentation necessary for applicants to submit to 1177 |
|---|
| 1392 | + | establish that the ownership, residency and income requirements for 1178 |
|---|
| 1393 | + | social equity applicants are met. On or before September 1, 2021, the 1179 |
|---|
| 1394 | + | Social Equity Council shall post such necessary documentation 1180 |
|---|
| 1395 | + | requirements on its Internet web site to inform applicants of such 1181 |
|---|
| 1396 | + | requirements prior to the start of the application period. 1182 |
|---|
| 1397 | + | (b) Except as provided in section 21a-420o, prior to the first date that 1183 |
|---|
| 1398 | + | the department begins accepting applications for a license type, the 1184 |
|---|
| 1399 | + | department shall determine the maximum number of applications that 1185 |
|---|
| 1400 | + | shall be considered for such license type and post such information on 1186 |
|---|
| 1401 | + | its Internet web site. Fifty per cent of the maximum number of 1187 |
|---|
| 1402 | + | applications that shall be considered for each license type (1) shall be 1188 |
|---|
| 1403 | + | selected through a social equity lottery for such license type, and (2) 1189 |
|---|
| 1404 | + | shall be reserved by the department for social equity applicants. If, upon 1190 |
|---|
| 1405 | + | the close of the application period for a license type, the department 1191 |
|---|
| 1406 | + | receives more applications than the maximum number to be considered 1192 |
|---|
| 1407 | + | in total or to be reserved for social equity applicants as set forth in this 1193 |
|---|
| 1408 | + | subsection, [(b) of this section,] a third-party lottery operator shall 1194 |
|---|
| 1409 | + | conduct a lottery to identify applications for review by the department 1195 |
|---|
| 1410 | + | and the Social Equity Council. 1196 |
|---|
| 1411 | + | (c) (1) The third-party lottery operator shall: 1197 |
|---|
| 1412 | + | (A) Not be provided any application received after the close of the 1198 Raised Bill No. 6697 |
|---|
| 1413 | + | |
|---|
| 1414 | + | |
|---|
| 1415 | + | |
|---|
| 1416 | + | LCO No. 4402 40 of 93 |
|---|
| 1417 | + | |
|---|
| 1418 | + | application period; 1199 |
|---|
| 1419 | + | (B) Give equal weight to every complete application submitted 1200 |
|---|
| 1420 | + | during the application period; and 1201 |
|---|
| 1421 | + | (C) Conduct multiple, separate geographic lotteries if required by the 1202 |
|---|
| 1422 | + | department. 1203 |
|---|
| 1423 | + | (2) For purposes of the lottery, the third-party lottery operator shall: 1204 |
|---|
| 1424 | + | (A) Conduct an independent social equity lottery and general lottery 1205 |
|---|
| 1425 | + | for each license type [and a separate lottery for social equity applicants 1206 |
|---|
| 1426 | + | of each license type] that results in each application being randomly 1207 |
|---|
| 1427 | + | ranked starting with one and continuing sequentially; and 1208 |
|---|
| 1428 | + | (B) Rank all applications in each lottery numerically according to the 1209 |
|---|
| 1429 | + | order in which they were drawn, including those that exceed the 1210 |
|---|
| 1430 | + | number to be considered, and identify for the department all 1211 |
|---|
| 1431 | + | applications to be considered. [, which shall consist of the applications 1212 |
|---|
| 1432 | + | ranked numerically one to the maximum number set forth in accordance 1213 |
|---|
| 1433 | + | with subsection (b) of this section.] 1214 |
|---|
| 1434 | + | (d) (1) Upon receipt of an application for social equity consideration 1215 |
|---|
| 1435 | + | or, in the case where a social equity lottery is conducted, after such 1216 |
|---|
| 1436 | + | lottery applicants are selected, the department shall provide to the 1217 |
|---|
| 1437 | + | Social Equity Council the documentation received by the department 1218 |
|---|
| 1438 | + | during the application process that is required under subsection (a) of 1219 |
|---|
| 1439 | + | this section. No identifying information beyond what is necessary to 1220 |
|---|
| 1440 | + | establish social equity status shall be provided to the Social Equity 1221 |
|---|
| 1441 | + | Council. The Social Equity Council shall review the social equity 1222 |
|---|
| 1442 | + | applications to be considered as identified by the third-party lottery 1223 |
|---|
| 1443 | + | operator to determine whether the applicant meets the criteria for a 1224 |
|---|
| 1444 | + | social equity applicant. If the Social Equity Council determines that an 1225 |
|---|
| 1445 | + | applicant does not qualify as a social equity applicant, the application 1226 |
|---|
| 1446 | + | shall not be reviewed further for purposes of receiving a license 1227 |
|---|
| 1447 | + | designated for social equity applicants. The application shall be entered 1228 |
|---|
| 1448 | + | into the [other] general lottery for [the] that license type and may be 1229 Raised Bill No. 6697 |
|---|
| 1449 | + | |
|---|
| 1450 | + | |
|---|
| 1451 | + | |
|---|
| 1452 | + | LCO No. 4402 41 of 93 |
|---|
| 1453 | + | |
|---|
| 1454 | + | reviewed further if selected through such lottery, provided the 1230 |
|---|
| 1455 | + | applicant pays the additional amount necessary to pay the full fee for 1231 |
|---|
| 1456 | + | entry into such lottery within five business days of being notified by the 1232 |
|---|
| 1457 | + | Social Equity Council that [it] such applicant does not qualify as a social 1233 |
|---|
| 1458 | + | equity applicant. Not later than thirty days after the Social Equity 1234 |
|---|
| 1459 | + | Council notifies an applicant [is notified of a denial of a license 1235 |
|---|
| 1460 | + | application under this subsection] of the Social Equity Council's 1236 |
|---|
| 1461 | + | determination that the applicant does not meet the criteria for a social 1237 |
|---|
| 1462 | + | equity applicant, the applicant may appeal [such denial] from such 1238 |
|---|
| 1463 | + | determination to the Superior Court. [in accordance with section 4-183.] 1239 |
|---|
| 1464 | + | (2) Upon determination by the Social Equity Council that an 1240 |
|---|
| 1465 | + | application selected through the lottery process does not qualify for 1241 |
|---|
| 1466 | + | consideration as a social equity applicant, the department shall request 1242 |
|---|
| 1467 | + | that the third-party lottery operator identify the next-ranked application 1243 |
|---|
| 1468 | + | in the [applicable] social equity lottery. This process may continue until 1244 |
|---|
| 1469 | + | the Social Equity Council has identified for further consideration the 1245 |
|---|
| 1470 | + | number of applications set forth on the department's web site pursuant 1246 |
|---|
| 1471 | + | to subsection (b) of this section or [the lottery indicates that] until there 1247 |
|---|
| 1472 | + | are no [further] remaining social equity applications to be considered. 1248 |
|---|
| 1473 | + | (3) For each license type, the Social Equity Council shall identify for 1249 |
|---|
| 1474 | + | the department the social equity applications that qualify as social 1250 |
|---|
| 1475 | + | equity applicants and that should be reviewed by the department for 1251 |
|---|
| 1476 | + | purposes of awarding a provisional license. 1252 |
|---|
| 1477 | + | (4) Any application [subject to] entered into, but not selected through, 1253 |
|---|
| 1478 | + | the social equity lottery [process] shall not be reviewed as a social equity 1254 |
|---|
| 1479 | + | application, but shall be entered into the general lottery for [the] that 1255 |
|---|
| 1480 | + | [remaining applications for the] license type. 1256 |
|---|
| 1481 | + | (5) After receiving the list of selected social equity applications [from] 1257 |
|---|
| 1482 | + | reviewed and approved by the Social Equity Council, the department 1258 |
|---|
| 1483 | + | shall notify the third-party lottery operator, which shall then conduct 1259 |
|---|
| 1484 | + | [an] the independent general lottery for all remaining applicants for 1260 |
|---|
| 1485 | + | each license type, rank all general lottery applications numerically 1261 Raised Bill No. 6697 |
|---|
| 1486 | + | |
|---|
| 1487 | + | |
|---|
| 1488 | + | |
|---|
| 1489 | + | LCO No. 4402 42 of 93 |
|---|
| 1490 | + | |
|---|
| 1491 | + | including those that exceed the number to be considered, and identify 1262 |
|---|
| 1492 | + | for the department all of the selected applications to be reviewed. The 1263 |
|---|
| 1493 | + | number of applications to be reviewed by the department shall consist 1264 |
|---|
| 1494 | + | of the applications ranked numerically one through the maximum 1265 |
|---|
| 1495 | + | number [set forth in accordance with subsection (b) of this section, 1266 |
|---|
| 1496 | + | provided that if fewer social equity applicants are identified pursuant 1267 |
|---|
| 1497 | + | to subdivision (3) of this subsection, the maximum number shall be the 1268 |
|---|
| 1498 | + | number] necessary to ensure that fifty per cent of the applications for 1269 |
|---|
| 1499 | + | each license type identified through the lottery process are [social equity 1270 |
|---|
| 1500 | + | applicants] selected from the social equity lottery and approved by the 1271 |
|---|
| 1501 | + | Social Equity Council. 1272 |
|---|
| 1502 | + | (6) The numerical rankings created by the third-party lottery operator 1273 |
|---|
| 1503 | + | shall be confidential and shall not be subject to disclosure under the 1274 |
|---|
| 1504 | + | Freedom of Information Act, as defined in section 1-200. 1275 |
|---|
| 1505 | + | (e) The department shall review each application to be considered, as 1276 |
|---|
| 1506 | + | identified by the third-party lottery operator or Social Equity Council, 1277 |
|---|
| 1507 | + | as applicable, to confirm [it] such application is complete and to 1278 |
|---|
| 1508 | + | determine whether any application: (1) Includes a backer with a 1279 |
|---|
| 1509 | + | disqualifying conviction; (2) [includes a backer that would result in 1280 |
|---|
| 1510 | + | common ownership in violation of] exceeds the cap set forth in section 1281 |
|---|
| 1511 | + | 21a-420i; or (3) has a backer who individually or in connection with a 1282 |
|---|
| 1512 | + | cannabis business in another state or country has an administrative 1283 |
|---|
| 1513 | + | finding or judicial decision that may substantively compromise the 1284 |
|---|
| 1514 | + | integrity of the cannabis program, as determined by the department, or 1285 |
|---|
| 1515 | + | that precludes its participation in this state's cannabis program. For the 1286 |
|---|
| 1516 | + | purposes of this subsection, an application shall be deemed complete if 1287 |
|---|
| 1517 | + | each backer of the applicant completes such backer's background check 1288 |
|---|
| 1518 | + | submission not later than thirty days after the department sends notice 1289 |
|---|
| 1519 | + | disclosing that the department has selected such applicant for review. 1290 |
|---|
| 1520 | + | (f) No additional backers may be added to a cannabis establishment 1291 |
|---|
| 1521 | + | application between the time of lottery entry, or any initial application 1292 |
|---|
| 1522 | + | for a license, and when a final license is awarded to the cannabis 1293 |
|---|
| 1523 | + | establishment, except, if a backer of an applicant or provisional licensee 1294 Raised Bill No. 6697 |
|---|
| 1524 | + | |
|---|
| 1525 | + | |
|---|
| 1526 | + | |
|---|
| 1527 | + | LCO No. 4402 43 of 93 |
|---|
| 1528 | + | |
|---|
| 1529 | + | dies, the applicant or provisional licensee may apply to the 1295 |
|---|
| 1530 | + | commissioner to replace the deceased backer, provided if such applicant 1296 |
|---|
| 1531 | + | is a social equity applicant, the Social Equity Council shall review 1297 |
|---|
| 1532 | + | ownership to ensure such replacement would not cause the applicant to 1298 |
|---|
| 1533 | + | no longer qualify as a social equity applicant. A backer may be removed 1299 |
|---|
| 1534 | + | from a cannabis establishment application selected through the general 1300 |
|---|
| 1535 | + | lottery at any time upon notice to the department. 1301 |
|---|
| 1536 | + | (g) If an applicant [or a single backer of an applicant] is disqualified 1302 |
|---|
| 1537 | + | on the basis of any of the criteria set forth in subsection (e) of this section, 1303 |
|---|
| 1538 | + | the entire application shall be denied, and such denial shall be a final 1304 |
|---|
| 1539 | + | decision of the department [, provided backers of the applicant entity 1305 |
|---|
| 1540 | + | named in the lottery application submission may be removed prior to 1306 |
|---|
| 1541 | + | submission of a final license application unless such removal would 1307 |
|---|
| 1542 | + | result in a social equity applicant no longer qualifying as a social equity 1308 |
|---|
| 1543 | + | applicant. If] unless the applicant removes [any backer] all backers that 1309 |
|---|
| 1544 | + | would cause [the applicant to be denied based on subsection (e) of this 1310 |
|---|
| 1545 | + | section, then the applicant entity shall not be denied due to such backer's 1311 |
|---|
| 1546 | + | prior involvement if such backer is removed within thirty days of notice 1312 |
|---|
| 1547 | + | by the department of the disqualification of a backer] such denial not 1313 |
|---|
| 1548 | + | later than thirty days after the department sends notice to the applicant 1314 |
|---|
| 1549 | + | disclosing such denial. Any change to a social equity applicant shall be 1315 |
|---|
| 1550 | + | reviewed and approved by the Social Equity Council before such change 1316 |
|---|
| 1551 | + | is reviewed by the department. Not later than thirty days after [service 1317 |
|---|
| 1552 | + | of] the department sends notice [upon] to the applicant [of a] disclosing 1318 |
|---|
| 1553 | + | such denial, the applicant may appeal such denial to the Superior Court. 1319 |
|---|
| 1554 | + | [in accordance with section 4-183.] 1320 |
|---|
| 1555 | + | (h) For each application denied pursuant to subsection (e) of this 1321 |
|---|
| 1556 | + | section, the department may, within its discretion, request that the third-1322 |
|---|
| 1557 | + | party lottery operator identify the next-ranked application in the 1323 |
|---|
| 1558 | + | applicable lottery. If the applicant that was denied was a social equity 1324 |
|---|
| 1559 | + | applicant, the next ranked social equity applicant shall first be reviewed 1325 |
|---|
| 1560 | + | by the Social Equity Council to confirm that the applicant qualifies as a 1326 |
|---|
| 1561 | + | social equity applicant prior to being further reviewed by the 1327 |
|---|
| 1562 | + | department. This process may continue until the department has 1328 Raised Bill No. 6697 |
|---|
| 1563 | + | |
|---|
| 1564 | + | |
|---|
| 1565 | + | |
|---|
| 1566 | + | LCO No. 4402 44 of 93 |
|---|
| 1567 | + | |
|---|
| 1568 | + | identified for further consideration the number of applications 1329 |
|---|
| 1569 | + | equivalent to the maximum number set forth on its Internet web site 1330 |
|---|
| 1570 | + | pursuant to subsection (b) of this section. If the number of applications 1331 |
|---|
| 1571 | + | remaining is less than the maximum number posted on the 1332 |
|---|
| 1572 | + | department's Internet web site, the department shall award fewer 1333 |
|---|
| 1573 | + | licenses. To the extent the denials result in less than fifty per cent of 1334 |
|---|
| 1574 | + | applicants being social equity applicants, the department shall continue 1335 |
|---|
| 1575 | + | to review and issue provisional and final licenses for the remaining 1336 |
|---|
| 1576 | + | applications, but shall reopen the application period only for social 1337 |
|---|
| 1577 | + | equity applicants. 1338 |
|---|
| 1578 | + | (i) All applicants selected in the lottery and not denied shall be 1339 |
|---|
| 1579 | + | provided a provisional license application, which shall be submitted in 1340 |
|---|
| 1580 | + | a form and manner prescribed by the commissioner. [Applicants] 1341 |
|---|
| 1581 | + | Lottery applicants shall have sixty days from the date they receive their 1342 |
|---|
| 1582 | + | provisional application to complete the application. The right to apply 1343 |
|---|
| 1583 | + | for a provisional license is nontransferable. Upon receiving a 1344 |
|---|
| 1584 | + | provisional application from an applicant, the department shall review 1345 |
|---|
| 1585 | + | the application for completeness and to confirm that all information 1346 |
|---|
| 1586 | + | provided is acceptable and in compliance with this section and any 1347 |
|---|
| 1587 | + | regulations adopted under this section. If a provisional application does 1348 |
|---|
| 1588 | + | not meet the standards set forth in this section, the applicant shall not 1349 |
|---|
| 1589 | + | be provided a provisional license. A provisional license issued to a 1350 |
|---|
| 1590 | + | lottery applicant shall expire after fourteen months and shall not be 1351 |
|---|
| 1591 | + | renewed. Upon granting a provisional license, the department shall 1352 |
|---|
| 1592 | + | notify the applicant of the project labor agreement requirements of 1353 |
|---|
| 1593 | + | section 21a-421e. A provisional licensee may apply for a final license of 1354 |
|---|
| 1594 | + | the license type for which the licensee applied during the initial 1355 |
|---|
| 1595 | + | application period. A provisional license shall be nontransferable. If the 1356 |
|---|
| 1596 | + | provisional application does not meet the standards set forth in this 1357 |
|---|
| 1597 | + | section or is not completed within sixty days, the applicant shall not 1358 |
|---|
| 1598 | + | receive a provisional license. The decision of the department not to 1359 |
|---|
| 1599 | + | award a provisional license shall be final and may be appealed in 1360 |
|---|
| 1600 | + | accordance with section 4-183. Nothing in this section shall prevent a 1361 |
|---|
| 1601 | + | provisional applicant from submitting an application for a future 1362 Raised Bill No. 6697 |
|---|
| 1602 | + | |
|---|
| 1603 | + | |
|---|
| 1604 | + | |
|---|
| 1605 | + | LCO No. 4402 45 of 93 |
|---|
| 1606 | + | |
|---|
| 1607 | + | lottery. 1363 |
|---|
| 1608 | + | Sec. 12. Subsection (e) of section 21a-420j of the general statutes is 1364 |
|---|
| 1609 | + | repealed and the following is substituted in lieu thereof (Effective from 1365 |
|---|
| 1610 | + | passage): 1366 |
|---|
| 1611 | + | (e) Equity joint ventures that are retailers or hybrid retailers that share 1367 |
|---|
| 1612 | + | a common cultivator or cultivator backer shall not be located within 1368 |
|---|
| 1613 | + | twenty miles of [another commonly owned equity joint venture] each 1369 |
|---|
| 1614 | + | other. 1370 |
|---|
| 1615 | + | Sec. 13. Subsection (f) of section 21a-420m of the general statutes is 1371 |
|---|
| 1616 | + | repealed and the following is substituted in lieu thereof (Effective from 1372 |
|---|
| 1617 | + | passage): 1373 |
|---|
| 1618 | + | (f) Equity joint ventures that are retailers or hybrid retailers that share 1374 |
|---|
| 1619 | + | a common producer or producer backer [and that are retailers or hybrid 1375 |
|---|
| 1620 | + | retailers] shall not be located within twenty miles of [another commonly 1376 |
|---|
| 1621 | + | owned equity joint venture] each other. 1377 |
|---|
| 1622 | + | Sec. 14. Subsection (b) of section 21a-420m of the general statutes is 1378 |
|---|
| 1623 | + | repealed and the following is substituted in lieu thereof (Effective October 1379 |
|---|
| 1624 | + | 1, 2023): 1380 |
|---|
| 1625 | + | (b) The equity joint venture shall be in any cannabis establishment 1381 |
|---|
| 1626 | + | licensed business, other than a cultivator license, provided such equity 1382 |
|---|
| 1627 | + | joint venture is at least fifty per cent owned and controlled by an 1383 |
|---|
| 1628 | + | individual or individuals who meet, or the equity joint venture 1384 |
|---|
| 1629 | + | applicant is an individual who meets, the criteria established in 1385 |
|---|
| 1630 | + | subparagraphs (A) and (B) of subdivision [(48)] (47) of section 21a-420, 1386 |
|---|
| 1631 | + | as amended by this act. 1387 |
|---|
| 1632 | + | Sec. 15. Subsection (d) of section 21a-420n of the general statutes is 1388 |
|---|
| 1633 | + | repealed and the following is substituted in lieu thereof (Effective October 1389 |
|---|
| 1634 | + | 1, 2023): 1390 |
|---|
| 1635 | + | (d) A cultivator may sell, transfer or transport its cannabis to a 1391 |
|---|
| 1636 | + | dispensary facility, hybrid retailer, retailer, food and beverage 1392 Raised Bill No. 6697 |
|---|
| 1637 | + | |
|---|
| 1638 | + | |
|---|
| 1639 | + | |
|---|
| 1640 | + | LCO No. 4402 46 of 93 |
|---|
| 1641 | + | |
|---|
| 1642 | + | manufacturer, product manufacturer, research program, cannabis 1393 |
|---|
| 1643 | + | testing laboratory or product packager utilizing its own employees or a 1394 |
|---|
| 1644 | + | transporter. A cultivator shall not sell, transfer or deliver to consumers, 1395 |
|---|
| 1645 | + | qualifying patients or caregivers, directly or through a delivery service. 1396 |
|---|
| 1646 | + | Sec. 16. Subsection (e) of section 21a-420p of the general statutes is 1397 |
|---|
| 1647 | + | repealed and the following is substituted in lieu thereof (Effective October 1398 |
|---|
| 1648 | + | 1, 2023): 1399 |
|---|
| 1649 | + | (e) A micro-cultivator may sell, transfer or transport its cannabis to a 1400 |
|---|
| 1650 | + | dispensary facility, hybrid retailer, retailer, delivery service, food and 1401 |
|---|
| 1651 | + | beverage manufacturer, product manufacturer, research program, 1402 |
|---|
| 1652 | + | cannabis testing laboratory or product packager, provided the cannabis 1403 |
|---|
| 1653 | + | is cultivated, grown and propagated at the micro-cultivator's licensed 1404 |
|---|
| 1654 | + | establishment and transported utilizing the micro-cultivator's own 1405 |
|---|
| 1655 | + | employees or a transporter. A micro-cultivator shall not gift or transfer 1406 |
|---|
| 1656 | + | cannabis or cannabis products at no cost to a consumer as part of a 1407 |
|---|
| 1657 | + | commercial transaction. 1408 |
|---|
| 1658 | + | Sec. 17. Subsection (b) of section 21a-420r of the general statutes is 1409 |
|---|
| 1659 | + | repealed and the following is substituted in lieu thereof (Effective October 1410 |
|---|
| 1660 | + | 1, 2023): 1411 |
|---|
| 1661 | + | (b) A retailer may obtain cannabis from a cultivator, micro-cultivator, 1412 |
|---|
| 1662 | + | producer, product packager, food and beverage manufacturer, product 1413 |
|---|
| 1663 | + | manufacturer or transporter or an undeliverable return from a delivery 1414 |
|---|
| 1664 | + | service. A retailer may sell, transport or transfer cannabis or cannabis 1415 |
|---|
| 1665 | + | products to a delivery service, cannabis testing laboratory or research 1416 |
|---|
| 1666 | + | program. A retailer may sell cannabis to a consumer or research 1417 |
|---|
| 1667 | + | program. A retailer may not conduct sales of medical marijuana 1418 |
|---|
| 1668 | + | products nor offer discounts or other inducements to qualifying patients 1419 |
|---|
| 1669 | + | or caregivers. A retailer shall not gift or transfer cannabis at no cost to a 1420 |
|---|
| 1670 | + | consumer as part of a commercial transaction. 1421 |
|---|
| 1671 | + | Sec. 18. Subsection (f) of section 21a-420u of the general statutes is 1422 |
|---|
| 1672 | + | repealed and the following is substituted in lieu thereof (Effective from 1423 |
|---|
| 1673 | + | passage): 1424 Raised Bill No. 6697 |
|---|
| 1674 | + | |
|---|
| 1675 | + | |
|---|
| 1676 | + | |
|---|
| 1677 | + | LCO No. 4402 47 of 93 |
|---|
| 1678 | + | |
|---|
| 1679 | + | (f) Equity joint ventures that are retailers or hybrid retailers that share 1425 |
|---|
| 1680 | + | a common dispensary facility or dispensary facility backer owner shall 1426 |
|---|
| 1681 | + | not be located within twenty miles of [another commonly owned equity 1427 |
|---|
| 1682 | + | joint venture] each other. 1428 |
|---|
| 1683 | + | Sec. 19. Subsections (b) to (d), inclusive, of section 21a-420u of the 1429 |
|---|
| 1684 | + | general statutes are repealed and the following is substituted in lieu 1430 |
|---|
| 1685 | + | thereof (Effective October 1, 2023): 1431 |
|---|
| 1686 | + | (b) Any equity joint venture created under this section shall be 1432 |
|---|
| 1687 | + | created for the development of a cannabis establishment, other than a 1433 |
|---|
| 1688 | + | cultivator, provided such equity joint venture is at least fifty per cent 1434 |
|---|
| 1689 | + | owned and controlled by an individual or individuals who meet, or the 1435 |
|---|
| 1690 | + | equity joint venture applicant is an individual who meets, the criteria 1436 |
|---|
| 1691 | + | established in subparagraphs (A) and (B) of subdivision [(48)] (47) of 1437 |
|---|
| 1692 | + | section 21a-420, as amended by this act. 1438 |
|---|
| 1693 | + | (c) An equity joint venture applicant shall submit an application to 1439 |
|---|
| 1694 | + | the Social Equity Council that may include, but need not be limited to, 1440 |
|---|
| 1695 | + | evidence of business formation, ownership allocation, terms of 1441 |
|---|
| 1696 | + | ownership and financing and proof of social equity status. The equity 1442 |
|---|
| 1697 | + | joint venture applicant shall submit to the Social Equity Council 1443 |
|---|
| 1698 | + | information including, but not limited to, the organizing documents of 1444 |
|---|
| 1699 | + | the entity that outline the ownership stake of each backer, initial backer 1445 |
|---|
| 1700 | + | investment and payout information to enable the council to determine 1446 |
|---|
| 1701 | + | the terms of ownership. 1447 |
|---|
| 1702 | + | (d) Upon receipt of written approval of the equity joint venture by 1448 |
|---|
| 1703 | + | the Social Equity Council, the equity joint venture applicant shall apply 1449 |
|---|
| 1704 | + | for a license from the department in the same form as required by all 1450 |
|---|
| 1705 | + | other licensees of the same license type and subject to the same fees as 1451 |
|---|
| 1706 | + | required by all other licensees of the same license type, except that such 1452 |
|---|
| 1707 | + | application shall not be subject to the lottery process. 1453 |
|---|
| 1708 | + | Sec. 20. Subsections (a) to (d), inclusive, of section 21a-421bb of the 1454 |
|---|
| 1709 | + | general statutes are repealed and the following is substituted in lieu 1455 |
|---|
| 1710 | + | thereof (Effective October 1, 2023): 1456 Raised Bill No. 6697 |
|---|
| 1711 | + | |
|---|
| 1712 | + | |
|---|
| 1713 | + | |
|---|
| 1714 | + | LCO No. 4402 48 of 93 |
|---|
| 1715 | + | |
|---|
| 1716 | + | (a) No person, other than the holder of a cannabis establishment 1457 |
|---|
| 1717 | + | license issued [by this state] pursuant to this chapter or a person who 1458 |
|---|
| 1718 | + | provides professional services related to the purchase, sale or use of 1459 |
|---|
| 1719 | + | cannabis, shall advertise any cannabis or services related to cannabis in 1460 |
|---|
| 1720 | + | this state. 1461 |
|---|
| 1721 | + | (b) Except as provided in subsection (d) of this section, cannabis 1462 |
|---|
| 1722 | + | establishments shall not: 1463 |
|---|
| 1723 | + | (1) Advertise, including, but not limited to, through a business name 1464 |
|---|
| 1724 | + | or logo, cannabis, cannabis paraphernalia or goods or services related to 1465 |
|---|
| 1725 | + | cannabis: 1466 |
|---|
| 1726 | + | (A) In ways that target or are designed to appeal to individuals under 1467 |
|---|
| 1727 | + | twenty-one years of age, including, but not limited to, spokespersons or 1468 |
|---|
| 1728 | + | celebrities who appeal to individuals under the legal age to purchase 1469 |
|---|
| 1729 | + | cannabis or cannabis products, depictions of a person under twenty-five 1470 |
|---|
| 1730 | + | years of age consuming cannabis, or, the inclusion of objects, such as 1471 |
|---|
| 1731 | + | toys, characters or cartoon characters, suggesting the presence of a 1472 |
|---|
| 1732 | + | person under twenty-one years of age, or any other depiction designed 1473 |
|---|
| 1733 | + | in any manner to be appealing to a person under twenty-one years of 1474 |
|---|
| 1734 | + | age; or 1475 |
|---|
| 1735 | + | (B) By using any image, or any other visual representation, of the 1476 |
|---|
| 1736 | + | cannabis plant or any part of the cannabis plant, including, but not 1477 |
|---|
| 1737 | + | limited to, the leaf of the cannabis plant; 1478 |
|---|
| 1738 | + | (2) Engage in any advertising by means of any form of billboard 1479 |
|---|
| 1739 | + | within one thousand five hundred feet of an elementary or secondary 1480 |
|---|
| 1740 | + | school ground or a house of worship, recreation center or facility, child 1481 |
|---|
| 1741 | + | care center, playground, public park or library, or engage in any 1482 |
|---|
| 1742 | + | advertising by means of [an electronic or illuminated] a billboard 1483 |
|---|
| 1743 | + | between the hours of six o'clock a.m. and eleven o'clock p.m.; 1484 |
|---|
| 1744 | + | (3) Engage in advertising by means of any television, radio, Internet, 1485 |
|---|
| 1745 | + | mobile application, social media or other electronic communication, 1486 |
|---|
| 1746 | + | billboard or other outdoor signage, or print publication unless the 1487 Raised Bill No. 6697 |
|---|
| 1747 | + | |
|---|
| 1748 | + | |
|---|
| 1749 | + | |
|---|
| 1750 | + | LCO No. 4402 49 of 93 |
|---|
| 1751 | + | |
|---|
| 1752 | + | cannabis establishment has reliable evidence that at least ninety per cent 1488 |
|---|
| 1753 | + | of the audience for the advertisement is reasonably expected to be 1489 |
|---|
| 1754 | + | twenty-one years of age or older; 1490 |
|---|
| 1755 | + | (4) Engage in advertising or marketing directed toward location-1491 |
|---|
| 1756 | + | based devices, including, but not limited to, cellular phones, unless the 1492 |
|---|
| 1757 | + | marketing is a mobile device application installed on the device by the 1493 |
|---|
| 1758 | + | owner of the device who is twenty-one years of age or older and 1494 |
|---|
| 1759 | + | includes a permanent and easy opt-out feature and warnings that the 1495 |
|---|
| 1760 | + | use of cannabis is restricted to persons twenty-one years of age or older; 1496 |
|---|
| 1761 | + | (5) Advertise cannabis or cannabis products in a manner claiming or 1497 |
|---|
| 1762 | + | implying, or permit any employee of the cannabis establishment to 1498 |
|---|
| 1763 | + | claim or imply, that such products have curative or therapeutic effects, 1499 |
|---|
| 1764 | + | or that any other medical claim is true, or allow any employee to 1500 |
|---|
| 1765 | + | promote cannabis for a wellness purpose unless such claims are 1501 |
|---|
| 1766 | + | substantiated as set forth in regulations adopted under chapter 420f or 1502 |
|---|
| 1767 | + | verbally conveyed by a licensed pharmacist or other licensed medical 1503 |
|---|
| 1768 | + | practitioner in the course of business in, or while representing, a hybrid 1504 |
|---|
| 1769 | + | retail or dispensary facility; 1505 |
|---|
| 1770 | + | (6) Sponsor charitable, sports, musical, artistic, cultural, social or 1506 |
|---|
| 1771 | + | other similar events or advertising at, or in connection with, such an 1507 |
|---|
| 1772 | + | event unless the cannabis establishment has reliable evidence that (A) 1508 |
|---|
| 1773 | + | not more than ten per cent of the in-person audience at the event is 1509 |
|---|
| 1774 | + | reasonably expected to be under the legal age to purchase cannabis or 1510 |
|---|
| 1775 | + | cannabis products, and (B) not more than ten per cent of the audience 1511 |
|---|
| 1776 | + | that will watch, listen or participate in the event is expected to be under 1512 |
|---|
| 1777 | + | the legal age to purchase cannabis products; 1513 |
|---|
| 1778 | + | (7) Advertise cannabis, cannabis products or cannabis paraphernalia 1514 |
|---|
| 1779 | + | in any physical form visible to the public within five hundred feet of an 1515 |
|---|
| 1780 | + | elementary or secondary school ground or a recreation center or facility, 1516 |
|---|
| 1781 | + | child care center, playground, public park or library; 1517 |
|---|
| 1782 | + | (8) Cultivate cannabis or manufacture cannabis products for 1518 |
|---|
| 1783 | + | distribution outside of this state in violation of federal law, advertise in 1519 Raised Bill No. 6697 |
|---|
| 1784 | + | |
|---|
| 1785 | + | |
|---|
| 1786 | + | |
|---|
| 1787 | + | LCO No. 4402 50 of 93 |
|---|
| 1788 | + | |
|---|
| 1789 | + | any way that encourages the transportation of cannabis across state lines 1520 |
|---|
| 1790 | + | or otherwise encourages illegal activity; 1521 |
|---|
| 1791 | + | (9) Except for dispensary facilities and hybrid retailers, exhibit within 1522 |
|---|
| 1792 | + | or upon the outside of the facility used in the operation of a cannabis 1523 |
|---|
| 1793 | + | establishment, or include in any advertisement, the word "dispensary" 1524 |
|---|
| 1794 | + | or any variation of such term or any other words, displays or symbols 1525 |
|---|
| 1795 | + | indicating that such store, shop or place of business is a dispensary; 1526 |
|---|
| 1796 | + | (10) Exhibit within or upon the outside of the premises subject to the 1527 |
|---|
| 1797 | + | cannabis establishment license, or include in any advertisement the 1528 |
|---|
| 1798 | + | words "drug store", "pharmacy", "apothecary", "drug", "drugs" or 1529 |
|---|
| 1799 | + | "medicine shop" or any combination of such terms or any other words, 1530 |
|---|
| 1800 | + | displays or symbols indicating that such store, shop or place of business 1531 |
|---|
| 1801 | + | is a pharmacy; 1532 |
|---|
| 1802 | + | (11) Advertise on or in public or private vehicles or at bus stops, taxi 1533 |
|---|
| 1803 | + | stands, transportation waiting areas, train stations, airports or other 1534 |
|---|
| 1804 | + | similar transportation venues including, but not limited to, vinyl-1535 |
|---|
| 1805 | + | wrapped vehicles or signs or logos on transportation vehicles not 1536 |
|---|
| 1806 | + | owned by a cannabis establishment; 1537 |
|---|
| 1807 | + | (12) Display cannabis, cannabis products or any image, or any other 1538 |
|---|
| 1808 | + | visual representation, of the cannabis plant or any part of the cannabis 1539 |
|---|
| 1809 | + | plant, including, but not limited to, the leaf of the cannabis plant, so as 1540 |
|---|
| 1810 | + | to be clearly visible to a person from the exterior of the facility used in 1541 |
|---|
| 1811 | + | the operation of a cannabis establishment, or display signs or other 1542 |
|---|
| 1812 | + | printed material advertising any brand or any kind of cannabis or 1543 |
|---|
| 1813 | + | cannabis product, or including any image, or any other visual 1544 |
|---|
| 1814 | + | representation, of the cannabis plant or any part of the cannabis plant, 1545 |
|---|
| 1815 | + | including, but not limited to, the leaf of the cannabis plant, on the 1546 |
|---|
| 1816 | + | exterior of any facility used in the operation of a cannabis establishment; 1547 |
|---|
| 1817 | + | (13) Utilize radio or loudspeaker, in a vehicle or in or outside of a 1548 |
|---|
| 1818 | + | facility used in the operation of a cannabis establishment, for the 1549 |
|---|
| 1819 | + | purposes of advertising the sale of cannabis or cannabis products; or 1550 Raised Bill No. 6697 |
|---|
| 1820 | + | |
|---|
| 1821 | + | |
|---|
| 1822 | + | |
|---|
| 1823 | + | LCO No. 4402 51 of 93 |
|---|
| 1824 | + | |
|---|
| 1825 | + | (14) Operate any web site advertising or depicting cannabis, cannabis 1551 |
|---|
| 1826 | + | products or cannabis paraphernalia unless such web site verifies that 1552 |
|---|
| 1827 | + | the entrants or users are twenty-one years of age or older. 1553 |
|---|
| 1828 | + | (c) Except as provided in subsection (d) of this section, any 1554 |
|---|
| 1829 | + | advertisements from a cannabis establishment shall contain the 1555 |
|---|
| 1830 | + | following warning: "Do not use cannabis if you are under twenty-one 1556 |
|---|
| 1831 | + | years of age. Keep cannabis out of the reach of children." In a print or 1557 |
|---|
| 1832 | + | visual medium, such warning shall be conspicuous, easily legible and 1558 |
|---|
| 1833 | + | shall take up not less than ten per cent of the advertisement space. In an 1559 |
|---|
| 1834 | + | audio medium, such warning shall be at the same speed as the rest of 1560 |
|---|
| 1835 | + | the advertisement and be easily intelligible. 1561 |
|---|
| 1836 | + | (d) Any outdoor signage, including, but not limited to, any 1562 |
|---|
| 1837 | + | monument sign, pylon sign or wayfinding sign, shall be deemed to 1563 |
|---|
| 1838 | + | satisfy the audience requirement established in subdivision (3) of 1564 |
|---|
| 1839 | + | subsection (b) of this section, be exempt from the distance requirement 1565 |
|---|
| 1840 | + | established in subdivision (7) of subsection (b) of this section and [shall] 1566 |
|---|
| 1841 | + | not be required to contain the warning required under subsection (c) of 1567 |
|---|
| 1842 | + | this section, if such outdoor signage: 1568 |
|---|
| 1843 | + | (1) Contains only the name and logo of the cannabis establishment; 1569 |
|---|
| 1844 | + | (2) Does not include any image, or any other visual representation, of 1570 |
|---|
| 1845 | + | the cannabis plant or any part of the cannabis plant, including, but not 1571 |
|---|
| 1846 | + | limited to, the leaf of the cannabis plant; 1572 |
|---|
| 1847 | + | (3) Is comprised of not more than three colors; and 1573 |
|---|
| 1848 | + | (4) Is located: 1574 |
|---|
| 1849 | + | (A) On the cannabis establishment's premises, regardless of whether 1575 |
|---|
| 1850 | + | such cannabis establishment leases or owns such premises; or 1576 |
|---|
| 1851 | + | (B) On any commercial property occupied by multiple tenants 1577 |
|---|
| 1852 | + | including such cannabis establishment. 1578 |
|---|
| 1853 | + | Sec. 21. Subsection (a) of section 47a-9a of the general statutes is 1579 Raised Bill No. 6697 |
|---|
| 1854 | + | |
|---|
| 1855 | + | |
|---|
| 1856 | + | |
|---|
| 1857 | + | LCO No. 4402 52 of 93 |
|---|
| 1858 | + | |
|---|
| 1859 | + | repealed and the following is substituted in lieu thereof (Effective October 1580 |
|---|
| 1860 | + | 1, 2023): 1581 |
|---|
| 1861 | + | (a) As used in this section, "tenant", "landlord" and "dwelling unit" 1582 |
|---|
| 1862 | + | have the same meanings as provided in section 47a-1. Except as 1583 |
|---|
| 1863 | + | provided in this section, a landlord or property manager may not refuse 1584 |
|---|
| 1864 | + | to rent to a prospective tenant or an existing tenant, or otherwise 1585 |
|---|
| 1865 | + | discriminate against a prospective tenant or an existing tenant, based on 1586 |
|---|
| 1866 | + | a past conviction for possession of [a cannabis-type substance] cannabis 1587 |
|---|
| 1867 | + | under section 21a-279a or for a past conviction for possession of four or 1588 |
|---|
| 1868 | + | fewer ounces of cannabis plant material, and any equivalencies and 1589 |
|---|
| 1869 | + | combinations thereof, pursuant to subsection (i) of section 21a-279a in 1590 |
|---|
| 1870 | + | any other jurisdiction. 1591 |
|---|
| 1871 | + | Sec. 22. Section 22-61l of the general statutes is repealed and the 1592 |
|---|
| 1872 | + | following is substituted in lieu thereof (Effective October 1, 2023): 1593 |
|---|
| 1873 | + | (a) For the purpose of this section and section 22-61m, as amended by 1594 |
|---|
| 1874 | + | this act, the following terms have the same meaning as provided in 7 1595 |
|---|
| 1875 | + | CFR 990.1, as amended from time to time: "Acceptable hemp THC level", 1596 |
|---|
| 1876 | + | "Agricultural marketing service", "Audit", "Cannabis", "Conviction", 1597 |
|---|
| 1877 | + | "Corrective action plan", "Culpable mental state greater than 1598 |
|---|
| 1878 | + | negligence", "Decarboxylated", "Decarboxylation", "Disposal", "Dry 1599 |
|---|
| 1879 | + | weight basis", "Gas chromatography", "Geospatial location", "Handle", 1600 |
|---|
| 1880 | + | "Liquid chromatography", "Immature plants", "Information sharing 1601 |
|---|
| 1881 | + | system", "Measurement of uncertainty", "Negligence ", 1602 |
|---|
| 1882 | + | "Phytocannabinoid", "Postdecarboxylation", "Remediation", "Reverse 1603 |
|---|
| 1883 | + | distributor" and "Total THC". In addition, for the purpose of this section 1604 |
|---|
| 1884 | + | and section 22-61m, as amended by this act: 1605 |
|---|
| 1885 | + | (1) "Cannabidiol" or "CBD" means the nonpsychotropic compound by 1606 |
|---|
| 1886 | + | the same name; 1607 |
|---|
| 1887 | + | (2) "Certificate of analysis" means a certificate from a laboratory 1608 |
|---|
| 1888 | + | describing the results of the laboratory's testing of a sample; 1609 |
|---|
| 1889 | + | (3) "Commissioner" means the Commissioner of Agriculture, or the 1610 Raised Bill No. 6697 |
|---|
| 1890 | + | |
|---|
| 1891 | + | |
|---|
| 1892 | + | |
|---|
| 1893 | + | LCO No. 4402 53 of 93 |
|---|
| 1894 | + | |
|---|
| 1895 | + | commissioner's designated agent; 1611 |
|---|
| 1896 | + | (4) "Cultivate" means to plant, grow, harvest, handle and store a plant 1612 |
|---|
| 1897 | + | or crop; 1613 |
|---|
| 1898 | + | (5) "Federal act" means the United States Agricultural Marketing Act 1614 |
|---|
| 1899 | + | of 1946, 7 USC 1639o et seq., as amended from time to time; 1615 |
|---|
| 1900 | + | (6) "Department" means the Department of Agriculture; 1616 |
|---|
| 1901 | + | (7) "Hemp" has the same meaning as provided in the federal act; 1617 |
|---|
| 1902 | + | (8) "Hemp products" means all manufacturer hemp products and 1618 |
|---|
| 1903 | + | producer hemp products; 1619 |
|---|
| 1904 | + | (9) "Independent testing laboratory" means a facility: 1620 |
|---|
| 1905 | + | (A) For which no person who has any direct or indirect financial or 1621 |
|---|
| 1906 | + | managerial interest in the laboratory and also has any direct or indirect 1622 |
|---|
| 1907 | + | interest in a facility that: 1623 |
|---|
| 1908 | + | (i) Produces, distributes, manufactures or sells hemp or hemp 1624 |
|---|
| 1909 | + | products, or marijuana in any state or territory of the United States; or 1625 |
|---|
| 1910 | + | (ii) Cultivates, processes, distributes, dispenses or sells marijuana; 1626 |
|---|
| 1911 | + | and 1627 |
|---|
| 1912 | + | (B) That is accredited as a laboratory in compliance with section 21a-1628 |
|---|
| 1913 | + | 408-59 of the regulations of Connecticut state agencies; 1629 |
|---|
| 1914 | + | (10) "Laboratory" means a laboratory that meets the requirements of 1630 |
|---|
| 1915 | + | 7 CFR 990.3 and that is accredited as a testing laboratory to International 1631 |
|---|
| 1916 | + | Organization for Standardization (ISO) 17025 by a third-party 1632 |
|---|
| 1917 | + | accrediting body such as the American Association for Laboratory 1633 |
|---|
| 1918 | + | Accreditation or the Assured Calibration and Laboratory Accreditation 1634 |
|---|
| 1919 | + | Select Services; 1635 |
|---|
| 1920 | + | (11) "Law enforcement agency" means the Connecticut State Police, 1636 |
|---|
| 1921 | + | the United States Drug Enforcement Administration, the Department of 1637 Raised Bill No. 6697 |
|---|
| 1922 | + | |
|---|
| 1923 | + | |
|---|
| 1924 | + | |
|---|
| 1925 | + | LCO No. 4402 54 of 93 |
|---|
| 1926 | + | |
|---|
| 1927 | + | Agriculture, the Department of Consumer Protection Drug Control 1638 |
|---|
| 1928 | + | Division or any other federal, state or local law enforcement agency or 1639 |
|---|
| 1929 | + | drug suppression unit; 1640 |
|---|
| 1930 | + | (12) "Licensee" means an individual or entity that possesses a license 1641 |
|---|
| 1931 | + | to produce or manufacture hemp or hemp products in this state; 1642 |
|---|
| 1932 | + | (13) "Manufacture" means the conversion of the hemp plant into a by-1643 |
|---|
| 1933 | + | product by means of adding heat, solvents or any method of extraction 1644 |
|---|
| 1934 | + | that modifies the original composition of the plant for the purpose of 1645 |
|---|
| 1935 | + | creating a manufacturer hemp product for commercial or research 1646 |
|---|
| 1936 | + | purposes; 1647 |
|---|
| 1937 | + | (14) "Manufacturer" means a person in the state licensed by the 1648 |
|---|
| 1938 | + | Commissioner of Consumer Protection to manufacture, handle, store 1649 |
|---|
| 1939 | + | and market manufacturer hemp products pursuant to the provisions of 1650 |
|---|
| 1940 | + | section 22-61m, as amended by this act, and any regulation adopted 1651 |
|---|
| 1941 | + | pursuant to section 22-61m, as amended by this act; 1652 |
|---|
| 1942 | + | (15) "Marijuana" has the same meaning as provided in section 21a-1653 |
|---|
| 1943 | + | 240, as amended by this act; 1654 |
|---|
| 1944 | + | (16) "Market" or "marketing" means promoting, distributing or 1655 |
|---|
| 1945 | + | selling a hemp product within the state, in another state or outside of 1656 |
|---|
| 1946 | + | the United States and includes efforts to advertise and gather 1657 |
|---|
| 1947 | + | information about the needs or preferences of potential consumers or 1658 |
|---|
| 1948 | + | suppliers; 1659 |
|---|
| 1949 | + | (17) "On-site manager" means the individual designated by the 1660 |
|---|
| 1950 | + | producer license applicant or producer responsible for on-site 1661 |
|---|
| 1951 | + | management and operations of a licensed producer; 1662 |
|---|
| 1952 | + | (18) "Pesticide" has the same meaning as "pesticide chemical" as 1663 |
|---|
| 1953 | + | provided in section 21a-92; 1664 |
|---|
| 1954 | + | (19) "Lot" means a contiguous area in a field, greenhouse or indoor 1665 |
|---|
| 1955 | + | growing structure containing the same variety or strain of hemp 1666 |
|---|
| 1956 | + | throughout the area; 1667 Raised Bill No. 6697 |
|---|
| 1957 | + | |
|---|
| 1958 | + | |
|---|
| 1959 | + | |
|---|
| 1960 | + | LCO No. 4402 55 of 93 |
|---|
| 1961 | + | |
|---|
| 1962 | + | (20) "Post-harvest sample" means a representative sample of the form 1668 |
|---|
| 1963 | + | of hemp taken from the harvested hemp from a particular lot's harvest 1669 |
|---|
| 1964 | + | that is collected in accordance with the procedures established by the 1670 |
|---|
| 1965 | + | commissioner; 1671 |
|---|
| 1966 | + | (21) "Pre-harvest sample" means a composite, representative portion 1672 |
|---|
| 1967 | + | from plants in a hemp lot, that is collected in accordance with the 1673 |
|---|
| 1968 | + | procedures established by the commissioner; 1674 |
|---|
| 1969 | + | (22) "Produce" means to cultivate hemp or create any producer hemp 1675 |
|---|
| 1970 | + | product; 1676 |
|---|
| 1971 | + | (23) "State plan" means a state plan, as described in the federal act and 1677 |
|---|
| 1972 | + | as authorized pursuant to this section; 1678 |
|---|
| 1973 | + | (24) "THC" means delta-9-tetrahydrocannabinol; 1679 |
|---|
| 1974 | + | (25) "Controlled Substances Act" or "CSA" means the Controlled 1680 |
|---|
| 1975 | + | Substances Act as codified in 21 USC 801 et seq.; 1681 |
|---|
| 1976 | + | (26) "Criminal history report" means the fingerprint-based state and 1682 |
|---|
| 1977 | + | national criminal history record information obtained in accordance 1683 |
|---|
| 1978 | + | with section 29-17a; 1684 |
|---|
| 1979 | + | (27) "Drug Enforcement Administration" or "DEA" means the United 1685 |
|---|
| 1980 | + | States Drug Enforcement Administration; 1686 |
|---|
| 1981 | + | (28) "Farm service agency" or "FSA" means an agency of the United 1687 |
|---|
| 1982 | + | States Department of Agriculture; 1688 |
|---|
| 1983 | + | (29) "Key participant" means a sole proprietor, a partner in 1689 |
|---|
| 1984 | + | partnership or a person with executive managerial control in an entity, 1690 |
|---|
| 1985 | + | including persons such as a chief executive officer, chief operating 1691 |
|---|
| 1986 | + | officer and chief financial officer; 1692 |
|---|
| 1987 | + | (30) "Manufacturer hemp product" means a commodity 1693 |
|---|
| 1988 | + | manufactured from the hemp plant, for commercial or research 1694 |
|---|
| 1989 | + | purposes, that is intended for human ingestion, inhalation, absorption 1695 Raised Bill No. 6697 |
|---|
| 1990 | + | |
|---|
| 1991 | + | |
|---|
| 1992 | + | |
|---|
| 1993 | + | LCO No. 4402 56 of 93 |
|---|
| 1994 | + | |
|---|
| 1995 | + | or other internal consumption, that contains a THC concentration of not 1696 |
|---|
| 1996 | + | more than 0.3 per cent on a dry weight basis or per volume or weight of 1697 |
|---|
| 1997 | + | such manufacturer hemp product; 1698 |
|---|
| 1998 | + | (31) "Producer" means an individual or entity licensed by the 1699 |
|---|
| 1999 | + | commissioner to produce and market producer hemp products 1700 |
|---|
| 2000 | + | pursuant to the federal act, the state plan, the provisions of this section 1701 |
|---|
| 2001 | + | and the regulations adopted pursuant to this section; 1702 |
|---|
| 2002 | + | (32) "Producer hemp product" means any of the following produced 1703 |
|---|
| 2003 | + | in this state: Raw hemp product, fiber-based hemp product or animal 1704 |
|---|
| 2004 | + | hemp food product, and each of which contains a THC concentration of 1705 |
|---|
| 2005 | + | not more than 0.3 per cent on a dry weight basis or per volume or weight 1706 |
|---|
| 2006 | + | of such producer hemp product; 1707 |
|---|
| 2007 | + | (33) "USDA" means the United States Department of Agriculture; 1708 |
|---|
| 2008 | + | (34) "Entity" means a corporation, joint stock company, association, 1709 |
|---|
| 2009 | + | limited partnership, limited liability partnership, limited liability 1710 |
|---|
| 2010 | + | company, irrevocable trust, estate, charitable organization or other 1711 |
|---|
| 2011 | + | similar organization, including any such organization participating in 1712 |
|---|
| 2012 | + | the hemp production as a partner in a general partnership, a participant 1713 |
|---|
| 2013 | + | in a joint venture or a participant in a similar organization; and 1714 |
|---|
| 2014 | + | (35) "Homogenize" means to blend hemp into a mixture that has a 1715 |
|---|
| 2015 | + | uniform quality and content throughout such mixture. 1716 |
|---|
| 2016 | + | (b) The Commissioner of Agriculture shall establish and operate an 1717 |
|---|
| 2017 | + | agricultural pilot program, as defined in 7 USC 5940, as amended from 1718 |
|---|
| 2018 | + | time to time, for hemp research to enable the department, and its 1719 |
|---|
| 2019 | + | licensees, to study methods of producing and marketing hemp. All 1720 |
|---|
| 2020 | + | producer licensees licensed pursuant to this section shall be participants 1721 |
|---|
| 2021 | + | in the state agricultural pilot program for hemp research. Until such 1722 |
|---|
| 2022 | + | time as said commissioner adopts regulations, in accordance with the 1723 |
|---|
| 2023 | + | provisions of chapter 54, the Department of Agriculture shall utilize 1724 |
|---|
| 2024 | + | procedures and guidance policies that the commissioner deems to be 1725 |
|---|
| 2025 | + | consistent with the provisions of 7 USC 5940, as amended from time to 1726 Raised Bill No. 6697 |
|---|
| 2026 | + | |
|---|
| 2027 | + | |
|---|
| 2028 | + | |
|---|
| 2029 | + | LCO No. 4402 57 of 93 |
|---|
| 2030 | + | |
|---|
| 2031 | + | time, provided such procedures and guidance policies shall, at a 1727 |
|---|
| 2032 | + | minimum, require: (1) The commissioner to certify and register any site 1728 |
|---|
| 2033 | + | used to grow hemp, (2) any person who produces hemp to produce 1729 |
|---|
| 2034 | + | plants that meet the definition of hemp and verify such, (3) the 1730 |
|---|
| 2035 | + | maintenance of records by any person who grows hemp and the 1731 |
|---|
| 2036 | + | availability of inspection of such records by the commissioner, and (4) 1732 |
|---|
| 2037 | + | verification of compliance with the definition of hemp by a laboratory, 1733 |
|---|
| 2038 | + | at the expense of any licensee. The provisions of this section shall take 1734 |
|---|
| 2039 | + | precedence over any such procedure or guidance policy. Participants in 1735 |
|---|
| 2040 | + | the state agricultural pilot program for hemp research shall be licensed 1736 |
|---|
| 2041 | + | in accordance with the provisions of this section. Such pilot program 1737 |
|---|
| 2042 | + | shall operate until the earlier of the date of a fully approved state plan 1738 |
|---|
| 2043 | + | under the federal act, as described in this section, or the date of repeal 1739 |
|---|
| 2044 | + | of the federal law permitting the state's agricultural pilot program for 1740 |
|---|
| 2045 | + | hemp research. 1741 |
|---|
| 2046 | + | (c) (1) The commissioner shall prepare a state plan in accordance with 1742 |
|---|
| 2047 | + | the federal act and 7 CFR 990.3, for approval by the Governor, in 1743 |
|---|
| 2048 | + | consultation with the office of the Chief State's Attorney and the 1744 |
|---|
| 2049 | + | Attorney General. The state plan, once approved by the Governor and 1745 |
|---|
| 2050 | + | the Attorney General, shall be submitted by the commissioner to the 1746 |
|---|
| 2051 | + | United States Secretary of Agriculture for [his or her] such secretary's 1747 |
|---|
| 2052 | + | approval. The commissioner shall have the authority to amend the state 1748 |
|---|
| 2053 | + | plan, in consultation with the Governor, the Attorney General and the 1749 |
|---|
| 2054 | + | office of the Chief State's Attorney, as necessary to comply with the 1750 |
|---|
| 2055 | + | federal act. 1751 |
|---|
| 2056 | + | (2) The commissioner shall operate the state plan, which shall 1752 |
|---|
| 2057 | + | include, at a minimum, the following requirements: 1753 |
|---|
| 2058 | + | (A) The sampling of hemp shall comply, at a minimum, with 7 CFR 1754 |
|---|
| 2059 | + | 990.3 and be performed by an authorized sampling agent; 1755 |
|---|
| 2060 | + | (B) The testing of hemp shall comply, at a minimum, with 7 CFR 1756 |
|---|
| 2061 | + | 990.3; 1757 |
|---|
| 2062 | + | (C) The control, remediation and disposal of noncompliant cannabis 1758 Raised Bill No. 6697 |
|---|
| 2063 | + | |
|---|
| 2064 | + | |
|---|
| 2065 | + | |
|---|
| 2066 | + | LCO No. 4402 58 of 93 |
|---|
| 2067 | + | |
|---|
| 2068 | + | plants shall comply with 7 CFR 990.27 and 7 CFR 990.3; 1759 |
|---|
| 2069 | + | (D) The department shall comply with all recordkeeping and 1760 |
|---|
| 2070 | + | reporting requirements in the federal act, and 7 CFR 990.1 to 7 CFR 1761 |
|---|
| 2071 | + | 990.71, inclusive; 1762 |
|---|
| 2072 | + | (E) The department shall comply with enforcement procedures in 7 1763 |
|---|
| 2073 | + | CFR 990.6; 1764 |
|---|
| 2074 | + | (F) The department shall conduct annual inspections of, at a 1765 |
|---|
| 2075 | + | minimum, a random sample of producers to verify that hemp is not 1766 |
|---|
| 2076 | + | produced in violation of the federal act, the state plan and the provisions 1767 |
|---|
| 2077 | + | of this section, and shall enforce any violation as provided for in the 1768 |
|---|
| 2078 | + | federal act and as defined in 7 CFR 990.6; 1769 |
|---|
| 2079 | + | (G) Producers shall report their required license, lot and hemp crop 1770 |
|---|
| 2080 | + | acreage information to FSA, in accordance with the requirements in 7 1771 |
|---|
| 2081 | + | CFR 990.7; and 1772 |
|---|
| 2082 | + | (H) Producers shall report to the commissioner the total acreage of 1773 |
|---|
| 2083 | + | hemp planted, harvested and, if applicable, disposed of or remediated, 1774 |
|---|
| 2084 | + | and such other information as the commissioner may require. 1775 |
|---|
| 2085 | + | (3) All sampling and testing of hemp shall be done using protocols 1776 |
|---|
| 2086 | + | that are at least as statistically valid as the USDA's published protocols 1777 |
|---|
| 2087 | + | for sampling and testing of hemp, which protocols shall be posted on 1778 |
|---|
| 2088 | + | the department's Internet web site. During a scheduled sample 1779 |
|---|
| 2089 | + | collection, the producer, or an authorized representative of the 1780 |
|---|
| 2090 | + | producer, shall be present at the lot. A producer shall not harvest the 1781 |
|---|
| 2091 | + | cannabis crop prior to the taking of samples. Samples of hemp plant 1782 |
|---|
| 2092 | + | material from one lot shall not be commingled with hemp plant material 1783 |
|---|
| 2093 | + | from other lots. Lots tested and not certified by a laboratory at or below 1784 |
|---|
| 2094 | + | the acceptable hemp THC level shall be handled, remediated and 1785 |
|---|
| 2095 | + | disposed of in accordance with the federal act, the provisions of this 1786 |
|---|
| 2096 | + | section and the state plan, as applicable. 1787 |
|---|
| 2097 | + | (4) The commissioner shall collect, maintain and provide to the 1788 Raised Bill No. 6697 |
|---|
| 2098 | + | |
|---|
| 2099 | + | |
|---|
| 2100 | + | |
|---|
| 2101 | + | LCO No. 4402 59 of 93 |
|---|
| 2102 | + | |
|---|
| 2103 | + | USDA, on a timely basis, and not less than once per month, license status 1789 |
|---|
| 2104 | + | of each hemp producer, contact information for each hemp producer 1790 |
|---|
| 2105 | + | licensed in the state, including lot legal descriptions and locations, and 1791 |
|---|
| 2106 | + | any changes to such information. The commissioner shall also report to 1792 |
|---|
| 2107 | + | the USDA, on a timely basis, and not less than once per month, all 1793 |
|---|
| 2108 | + | required hemp test results and disposal information for all 1794 |
|---|
| 2109 | + | nonconforming hemp plants and plant material. Such information shall 1795 |
|---|
| 2110 | + | not include state and federal fingerprint-based records pursuant to 1796 |
|---|
| 2111 | + | section 29-17a. 1797 |
|---|
| 2112 | + | (d) The commissioner shall have the authority to enforce the federal 1798 |
|---|
| 2113 | + | act, as amended from time to time, the state plan, this section and any 1799 |
|---|
| 2114 | + | regulations adopted in accordance with the federal act and chapter 54 1800 |
|---|
| 2115 | + | for hemp production in the state. The commissioner shall have the 1801 |
|---|
| 2116 | + | authority to enforce the applicable standards for producer hemp 1802 |
|---|
| 2117 | + | products. The commissioner may consult, collaborate and enter into 1803 |
|---|
| 2118 | + | cooperative agreements with any federal or state agency, municipality 1804 |
|---|
| 2119 | + | or political subdivision of the state concerning application of the 1805 |
|---|
| 2120 | + | provisions of the federal act and the regulations adopted pursuant to the 1806 |
|---|
| 2121 | + | federal act, as may be necessary to carry out the provisions of this 1807 |
|---|
| 2122 | + | section. 1808 |
|---|
| 2123 | + | (e) Any person who produces hemp shall: (1) Be licensed by the 1809 |
|---|
| 2124 | + | commissioner; (2) comply with the federal act, the state plan, the 1810 |
|---|
| 2125 | + | provisions of this section and any regulation adopted pursuant to this 1811 |
|---|
| 2126 | + | section; and (3) transport hemp and hemp samples in a manner and with 1812 |
|---|
| 2127 | + | such documentation as required by the commissioner. 1813 |
|---|
| 2128 | + | (f) Any person who sells hemp products shall not be required to be 1814 |
|---|
| 2129 | + | licensed provided such person only engages in: (1) The retail or 1815 |
|---|
| 2130 | + | wholesale sale of hemp or hemp products in which no further 1816 |
|---|
| 2131 | + | producing or manufacturing of the hemp products occurs and the hemp 1817 |
|---|
| 2132 | + | products are acquired from a person authorized under the laws of this 1818 |
|---|
| 2133 | + | state or another state, territory or possession of the United States or 1819 |
|---|
| 2134 | + | another sovereign entity to possess and sell such hemp products; (2) the 1820 |
|---|
| 2135 | + | acquisition of hemp or hemp products for the sole purpose of product 1821 Raised Bill No. 6697 |
|---|
| 2136 | + | |
|---|
| 2137 | + | |
|---|
| 2138 | + | |
|---|
| 2139 | + | LCO No. 4402 60 of 93 |
|---|
| 2140 | + | |
|---|
| 2141 | + | distribution for resale; or (3) the retail sale of hemp products that are 1822 |
|---|
| 2142 | + | otherwise authorized under federal or state law. 1823 |
|---|
| 2143 | + | (g) Any applicant for a license pursuant to this section shall meet each 1824 |
|---|
| 2144 | + | of the following requirements, as applicable: 1825 |
|---|
| 2145 | + | (1) Each applicant, whether an individual or an entity, shall submit 1826 |
|---|
| 2146 | + | an application for a license that consists, at a minimum, of the following: 1827 |
|---|
| 2147 | + | (A) The name, telephone number, electronic mail address, business 1828 |
|---|
| 2148 | + | address and address of any individual who is the applicant, the full 1829 |
|---|
| 2149 | + | name of any entity that is the applicant, including any applicable 1830 |
|---|
| 2150 | + | principal business location and the full name, title and electronic mail 1831 |
|---|
| 2151 | + | address of each key participant; (B) the name and address of each lot for 1832 |
|---|
| 2152 | + | the hemp cultivation or producing location; (C) the geospatial location 1833 |
|---|
| 2153 | + | of each lot by means of global positioning system coordinates and legal 1834 |
|---|
| 2154 | + | description of each lot used for the hemp cultivation; (D) the acreage 1835 |
|---|
| 2155 | + | size of each lot where the hemp will be cultivated; (E) written consent 1836 |
|---|
| 2156 | + | allowing the commissioner to conduct both scheduled and random 1837 |
|---|
| 2157 | + | inspections of and around the premises on which the hemp is to be 1838 |
|---|
| 2158 | + | cultivated, harvested, stored and produced; (F) the applicant's employer 1839 |
|---|
| 2159 | + | identification number or the applicant's Social Security number if an 1840 |
|---|
| 2160 | + | employer identification number is not available; and (G) any other 1841 |
|---|
| 2161 | + | information as may be required by the commissioner; 1842 |
|---|
| 2162 | + | (2) Each individual who is an applicant and each key participant of 1843 |
|---|
| 2163 | + | any entity applying for a producer license, or renewal thereof, shall 1844 |
|---|
| 2164 | + | submit to state and national fingerprint-based criminal history records 1845 |
|---|
| 2165 | + | checks conducted in accordance with section 29-17a, at [his or her] such 1846 |
|---|
| 2166 | + | individual's own expense; 1847 |
|---|
| 2167 | + | (3) No individual, including any key participant of any entity, who 1848 |
|---|
| 2168 | + | has been convicted of any state or federal felony, related to a controlled 1849 |
|---|
| 2169 | + | substance, shall be eligible to obtain or hold a producer license for ten 1850 |
|---|
| 2170 | + | years from the date of the conviction, provided such restriction shall not 1851 |
|---|
| 2171 | + | apply to any individual who lawfully grew hemp with a license, 1852 |
|---|
| 2172 | + | registration or authorization under any state pilot program authorized 1853 Raised Bill No. 6697 |
|---|
| 2173 | + | |
|---|
| 2174 | + | |
|---|
| 2175 | + | |
|---|
| 2176 | + | LCO No. 4402 61 of 93 |
|---|
| 2177 | + | |
|---|
| 2178 | + | by section 7606 of the Agricultural Act of 2014 before December 20, 2018. 1854 |
|---|
| 2179 | + | Any individual or entity that materially falsifies any information in an 1855 |
|---|
| 2180 | + | application pursuant to this section shall be ineligible to obtain a 1856 |
|---|
| 2181 | + | producer license; and 1857 |
|---|
| 2182 | + | (4) Each individual or entity who is required by this section to obtain 1858 |
|---|
| 2183 | + | a producer license shall pay for all costs of sampling, testing, retesting 1859 |
|---|
| 2184 | + | and resampling any samples at a laboratory for the purpose of 1860 |
|---|
| 2185 | + | determining the THC concentration level of any cannabis under their 1861 |
|---|
| 2186 | + | control, or in their possession. Each individual or entity who is required 1862 |
|---|
| 2187 | + | by this section to obtain a producer license shall pay for all costs of 1863 |
|---|
| 2188 | + | disposal of all noncompliant cannabis plants under their control, or in 1864 |
|---|
| 2189 | + | their possession. 1865 |
|---|
| 2190 | + | (h) Any producer license issued by the commissioner shall expire on 1866 |
|---|
| 2191 | + | the third following December thirty-first and may be renewed during 1867 |
|---|
| 2192 | + | the preceding month of October. Such licenses shall not be transferable. 1868 |
|---|
| 2193 | + | (i) The following fees shall apply for each producer license and 1869 |
|---|
| 2194 | + | inspection: 1870 |
|---|
| 2195 | + | (1) A nonrefundable license application fee of fifty dollars, provided 1871 |
|---|
| 2196 | + | any constituent unit of higher education, state agency or department 1872 |
|---|
| 2197 | + | shall be exempt from such application fee if such production is for 1873 |
|---|
| 2198 | + | research purposes; 1874 |
|---|
| 2199 | + | (2) A nonrefundable triennial producer license fee of four hundred 1875 |
|---|
| 2200 | + | fifty dollars for up to one acre of planned hemp plantings and thirty 1876 |
|---|
| 2201 | + | dollars per each additional acre of planned hemp plantings rounded to 1877 |
|---|
| 2202 | + | the nearest acre, except no license fee charged shall exceed three 1878 |
|---|
| 2203 | + | thousand dollars, provided any constituent unit of higher education, 1879 |
|---|
| 2204 | + | state agency or department shall be exempt from such license fee if such 1880 |
|---|
| 2205 | + | production is for research purposes; and 1881 |
|---|
| 2206 | + | (3) In the event that resampling by the commissioner is required due 1882 |
|---|
| 2207 | + | to a test result that shows a violation of any provision of this section or 1883 |
|---|
| 2208 | + | any regulation adopted pursuant to this section, the licensee shall pay 1884 Raised Bill No. 6697 |
|---|
| 2209 | + | |
|---|
| 2210 | + | |
|---|
| 2211 | + | |
|---|
| 2212 | + | LCO No. 4402 62 of 93 |
|---|
| 2213 | + | |
|---|
| 2214 | + | an inspection fee of fifty dollars. Such fee shall be paid prior to the 1885 |
|---|
| 2215 | + | inspection and collection of the sample to be used for resampling. 1886 |
|---|
| 2216 | + | (j) After receipt and review of an application for producer licensure, 1887 |
|---|
| 2217 | + | the commissioner may grant a triennial license upon a finding that the 1888 |
|---|
| 2218 | + | applicant meets the applicable requirements. Each producer licensee 1889 |
|---|
| 2219 | + | shall notify the commissioner of any changes to their application 1890 |
|---|
| 2220 | + | information, not later than fifteen days after such change. While the 1891 |
|---|
| 2221 | + | pilot program is in effect, the commissioner may grant a conditional 1892 |
|---|
| 2222 | + | approval of a producer license, pending receipt of the criminal history 1893 |
|---|
| 2223 | + | records check required by this section. The commissioner shall assign 1894 |
|---|
| 2224 | + | each producer with a license or authorization identifier in a format 1895 |
|---|
| 2225 | + | consistent with 7 CFR 990.3. 1896 |
|---|
| 2226 | + | (k) Whenever an inspection or investigation conducted by the 1897 |
|---|
| 2227 | + | commissioner pursuant to this title reveals any violation of the state 1898 |
|---|
| 2228 | + | plan, this section or any regulation adopted thereunder, the producer 1899 |
|---|
| 2229 | + | license applicant or respondent, as applicable, shall be notified, in 1900 |
|---|
| 2230 | + | writing, of such violation and any corrective action to be taken and the 1901 |
|---|
| 2231 | + | time period within which such corrective action shall be taken. Any such 1902 |
|---|
| 2232 | + | producer license applicant or respondent may request a hearing, 1903 |
|---|
| 2233 | + | conducted in accordance with chapter 54, on any such notification. Any 1904 |
|---|
| 2234 | + | notification issued pursuant to this section shall be made by certified 1905 |
|---|
| 2235 | + | mail, return receipt requested to the producer license applicant or 1906 |
|---|
| 2236 | + | respondent's last known address, by in-hand service by the 1907 |
|---|
| 2237 | + | commissioner or designated agent of the commissioner, electronic mail 1908 |
|---|
| 2238 | + | service with the consent of the recipient, or by service in accordance 1909 |
|---|
| 2239 | + | with chapter 896. The commissioner shall report all producer violations 1910 |
|---|
| 2240 | + | made with a culpable mental state greater than negligence to the United 1911 |
|---|
| 2241 | + | States Attorney General and the State's Attorney for the judicial district 1912 |
|---|
| 2242 | + | in which the producer violation occurred. 1913 |
|---|
| 2243 | + | (l) Nothing in this section shall be construed to limit the 1914 |
|---|
| 2244 | + | commissioner's authority to issue a cease and desist order pursuant to 1915 |
|---|
| 2245 | + | section 22-4d, or an emergency order, in order to respond to a condition 1916 |
|---|
| 2246 | + | that may present a public health hazard, or issue orders necessary to 1917 Raised Bill No. 6697 |
|---|
| 2247 | + | |
|---|
| 2248 | + | |
|---|
| 2249 | + | |
|---|
| 2250 | + | LCO No. 4402 63 of 93 |
|---|
| 2251 | + | |
|---|
| 2252 | + | effectuate the purposes of this section, including, but not limited to, 1918 |
|---|
| 2253 | + | orders for the embargo, partial destruction, destruction and release of 1919 |
|---|
| 2254 | + | hemp or hemp products. Any cease and desist order or an emergency 1920 |
|---|
| 2255 | + | order shall become effective upon service of such order by the 1921 |
|---|
| 2256 | + | commissioner. Following service of any such order, subsequent 1922 |
|---|
| 2257 | + | proceedings shall proceed in accordance with the provisions of section 1923 |
|---|
| 2258 | + | 22-4d and the rules of practice for such agency. Any embargo, partial 1924 |
|---|
| 2259 | + | destruction, destruction or release order issued pursuant to this section 1925 |
|---|
| 2260 | + | shall be served by certified mail, return receipt requested to the 1926 |
|---|
| 2261 | + | respondent's last known address, by in-hand service by the 1927 |
|---|
| 2262 | + | commissioner or designated agent of the commissioner, or by service in 1928 |
|---|
| 2263 | + | accordance with chapter 896. 1929 |
|---|
| 2264 | + | (m) Following a hearing conducted in accordance with chapter 54, 1930 |
|---|
| 2265 | + | the commissioner may impose an administrative civil penalty, not to 1931 |
|---|
| 2266 | + | exceed two thousand five hundred dollars per violation, and suspend, 1932 |
|---|
| 2267 | + | revoke or place conditions upon any producer licensee who violates the 1933 |
|---|
| 2268 | + | provisions of this section or any regulation adopted pursuant to this 1934 |
|---|
| 2269 | + | section. 1935 |
|---|
| 2270 | + | (n) (1) Any individual who produces hemp in this state without 1936 |
|---|
| 2271 | + | obtaining a license pursuant to this section, or who produces hemp in 1937 |
|---|
| 2272 | + | this state after having a license suspended or revoked shall have 1938 |
|---|
| 2273 | + | committed an infraction. 1939 |
|---|
| 2274 | + | (2) Any entity that produces hemp in this state without obtaining a 1940 |
|---|
| 2275 | + | license pursuant to this section, produces hemp in violation of this 1941 |
|---|
| 2276 | + | section or produces hemp in this state after having a license suspended 1942 |
|---|
| 2277 | + | or revoked may be fined not more than two thousand five hundred 1943 |
|---|
| 2278 | + | dollars per violation, after a hearing conducted in accordance with 1944 |
|---|
| 2279 | + | chapter 54. 1945 |
|---|
| 2280 | + | (o) (1) Any negligent violation, as described in the federal act, of this 1946 |
|---|
| 2281 | + | section or the state plan shall be subject to enforcement in accordance 1947 |
|---|
| 2282 | + | with the federal act, and the state plan for negligent violations. 1948 |
|---|
| 2283 | + | (2) For any negligent violation, a producer shall be required to correct 1949 Raised Bill No. 6697 |
|---|
| 2284 | + | |
|---|
| 2285 | + | |
|---|
| 2286 | + | |
|---|
| 2287 | + | LCO No. 4402 64 of 93 |
|---|
| 2288 | + | |
|---|
| 2289 | + | such negligent violation, by means of a corrective action plan approved 1950 |
|---|
| 2290 | + | by the commissioner. Each corrective action plan shall include, at a 1951 |
|---|
| 2291 | + | minimum, a reasonable completion deadline for correction of the 1952 |
|---|
| 2292 | + | negligent violation, periodic reporting to the commissioner for at least 1953 |
|---|
| 2293 | + | two years and compliance with the state plan. 1954 |
|---|
| 2294 | + | (3) Any producer that negligently violates the state plan shall not, as 1955 |
|---|
| 2295 | + | a result of such negligent violation, be referred by the commissioner for 1956 |
|---|
| 2296 | + | any criminal enforcement action by the federal, state or local 1957 |
|---|
| 2297 | + | government. 1958 |
|---|
| 2298 | + | (4) Any producer that negligently violates the state plan three times 1959 |
|---|
| 2299 | + | during any five-year period shall be ineligible to produce hemp for a 1960 |
|---|
| 2300 | + | period of five years beginning on the date of the third violation. 1961 |
|---|
| 2301 | + | (5) The commissioner shall conduct an inspection to determine if the 1962 |
|---|
| 2302 | + | corrective action plan for a producer who commits any such negligent 1963 |
|---|
| 2303 | + | violation was properly implemented. 1964 |
|---|
| 2304 | + | (p) Any person aggrieved by an order issued pursuant to this section 1965 |
|---|
| 2305 | + | may appeal to the commissioner in accordance with the provisions of 1966 |
|---|
| 2306 | + | chapter 54. Such appeal shall be made in writing to the commissioner 1967 |
|---|
| 2307 | + | and received not later than fifteen days after the date of the order. If no 1968 |
|---|
| 2308 | + | appeal is made pursuant to this subsection the order shall be final. 1969 |
|---|
| 2309 | + | (q) (1) All documents submitted under this section shall be subject to 1970 |
|---|
| 2310 | + | disclosure in accordance with chapter 14, except: (A) Information 1971 |
|---|
| 2311 | + | depicting or describing (i) the test results of any producer, (ii) the 1972 |
|---|
| 2312 | + | location of any hemp growing, harvesting, processing or storage 1973 |
|---|
| 2313 | + | location, or (iii) hemp producer location security schematics; and (B) the 1974 |
|---|
| 2314 | + | results of any criminal history records check. 1975 |
|---|
| 2315 | + | (2) Notwithstanding the provisions of subdivision (1) of this 1976 |
|---|
| 2316 | + | subsection, all documents and records submitted or maintained 1977 |
|---|
| 2317 | + | pursuant to this section shall be disclosed to any law enforcement 1978 |
|---|
| 2318 | + | agency upon request of such law enforcement agency. 1979 Raised Bill No. 6697 |
|---|
| 2319 | + | |
|---|
| 2320 | + | |
|---|
| 2321 | + | |
|---|
| 2322 | + | LCO No. 4402 65 of 93 |
|---|
| 2323 | + | |
|---|
| 2324 | + | (r) The commissioner may inspect and shall have access to the 1980 |
|---|
| 2325 | + | buildings, equipment, supplies, vehicles, records, real property and 1981 |
|---|
| 2326 | + | other information that the commissioner deems necessary to carry out 1982 |
|---|
| 2327 | + | the commissioner's duties pursuant to this section from any person 1983 |
|---|
| 2328 | + | participating in producing, handling, storing, marketing or researching 1984 |
|---|
| 2329 | + | hemp. 1985 |
|---|
| 2330 | + | (s) All licensees pursuant to this section shall maintain records 1986 |
|---|
| 2331 | + | required by the federal act, the state plan, this section and any regulation 1987 |
|---|
| 2332 | + | adopted pursuant to this section. Each licensee shall make such records 1988 |
|---|
| 2333 | + | available to the department immediately upon request of the 1989 |
|---|
| 2334 | + | commissioner and in electronic format, if available. 1990 |
|---|
| 2335 | + | (t) The commissioner may adopt regulations, in accordance with the 1991 |
|---|
| 2336 | + | provisions of chapter 54, to implement the provisions of this section 1992 |
|---|
| 2337 | + | including, but not limited to, the labeling of producer hemp products. 1993 |
|---|
| 2338 | + | [(u) Notwithstanding any provision of the general statutes: (1) 1994 |
|---|
| 2339 | + | Marijuana does not include hemp or hemp products; (2) THC that does 1995 |
|---|
| 2340 | + | not exceed 0.3 per cent by dry weight and that is found in hemp shall 1996 |
|---|
| 2341 | + | not be considered to be THC that constitutes a controlled substance; (3) 1997 |
|---|
| 2342 | + | hemp-derived cannabidiols, including CBD, shall not constitute 1998 |
|---|
| 2343 | + | controlled substances or adulterants solely on the basis of containing 1999 |
|---|
| 2344 | + | CBD; and (4) hemp products that contain one or more hemp-derived 2000 |
|---|
| 2345 | + | cannabidiols, such as CBD, intended for ingestion shall be considered 2001 |
|---|
| 2346 | + | foods, not controlled substances or adulterated products solely on the 2002 |
|---|
| 2347 | + | basis of the containing hemp-derived cannabidiols.] 2003 |
|---|
| 2348 | + | [(v)] (u) Whenever the commissioner believes or has reasonable cause 2004 |
|---|
| 2349 | + | to believe that the actions of a licensee or any employee of a producer 2005 |
|---|
| 2350 | + | licensee are in violation of the federal act, the state plan, or any state law 2006 |
|---|
| 2351 | + | concerning the growing, cultivation, handling, transporting or 2007 |
|---|
| 2352 | + | possession of marijuana, the commissioner shall notify the Department 2008 |
|---|
| 2353 | + | of Emergency Services and Public Protection and the Division of State 2009 |
|---|
| 2354 | + | Police. 2010 |
|---|
| 2355 | + | Sec. 23. Section 22-61m of the general statutes is repealed and the 2011 Raised Bill No. 6697 |
|---|
| 2356 | + | |
|---|
| 2357 | + | |
|---|
| 2358 | + | |
|---|
| 2359 | + | LCO No. 4402 66 of 93 |
|---|
| 2360 | + | |
|---|
| 2361 | + | following is substituted in lieu thereof (Effective October 1, 2023): 2012 |
|---|
| 2362 | + | (a) No person shall manufacture in the state without a license to 2013 |
|---|
| 2363 | + | manufacture issued by the Commissioner of Consumer Protection. 2014 |
|---|
| 2364 | + | (b) Each applicant for a manufacturer license shall submit an 2015 |
|---|
| 2365 | + | application on a form and in a manner prescribed by the Commissioner 2016 |
|---|
| 2366 | + | of Consumer Protection. 2017 |
|---|
| 2367 | + | (c) The following fees shall apply for a license to manufacture: 2018 |
|---|
| 2368 | + | (1) A nonrefundable license application fee of seventy-five dollars; 2019 |
|---|
| 2369 | + | and 2020 |
|---|
| 2370 | + | (2) A nonrefundable licensing fee of three hundred seventy-five 2021 |
|---|
| 2371 | + | dollars for a license to manufacture hemp. 2022 |
|---|
| 2372 | + | (d) A license to manufacture issued by the Commissioner of 2023 |
|---|
| 2373 | + | Consumer Protection pursuant to this section shall expire triennially on 2024 |
|---|
| 2374 | + | June thirtieth. Such licenses shall not be transferable. 2025 |
|---|
| 2375 | + | (e) In accordance with a hearing held pursuant to chapter 54, the 2026 |
|---|
| 2376 | + | Commissioner of Consumer Protection may deny, suspend or revoke a 2027 |
|---|
| 2377 | + | manufacturer license, issue fines of not more than two thousand five 2028 |
|---|
| 2378 | + | hundred dollars per violation and place conditions upon a 2029 |
|---|
| 2379 | + | manufacturer licensee who violates the provisions of this section and 2030 |
|---|
| 2380 | + | any regulation adopted pursuant to this section. 2031 |
|---|
| 2381 | + | (f) (1) Any individual who manufactures in this state without 2032 |
|---|
| 2382 | + | obtaining a license pursuant to this section or who manufactures in this 2033 |
|---|
| 2383 | + | state after such entity's license is suspended or revoked shall be fined 2034 |
|---|
| 2384 | + | two hundred fifty dollars in accordance with the provisions of section 2035 |
|---|
| 2385 | + | 51-164n. 2036 |
|---|
| 2386 | + | (2) Any entity who manufactures in this state without obtaining a 2037 |
|---|
| 2387 | + | license pursuant to this section, or who manufactures in this state after 2038 |
|---|
| 2388 | + | having a license suspended, shall be fined not more than two thousand 2039 |
|---|
| 2389 | + | five hundred dollars per violation after a hearing conducted in 2040 Raised Bill No. 6697 |
|---|
| 2390 | + | |
|---|
| 2391 | + | |
|---|
| 2392 | + | |
|---|
| 2393 | + | LCO No. 4402 67 of 93 |
|---|
| 2394 | + | |
|---|
| 2395 | + | accordance with the provisions of chapter 54. 2041 |
|---|
| 2396 | + | (g) Nothing in this chapter or any regulations adopted pursuant to 2042 |
|---|
| 2397 | + | this chapter shall be construed to apply to persons licensed pursuant to 2043 |
|---|
| 2398 | + | section 21a-408i nor to require persons licensed pursuant to said section 2044 |
|---|
| 2399 | + | to obtain a license pursuant to this chapter. 2045 |
|---|
| 2400 | + | (h) The Commissioner of Consumer Protection may inspect and shall 2046 |
|---|
| 2401 | + | have access to the buildings, equipment, supplies, vehicles, records, real 2047 |
|---|
| 2402 | + | property and other information of any manufacturer applicant or 2048 |
|---|
| 2403 | + | licensee that the commissioner deems necessary to carry out the 2049 |
|---|
| 2404 | + | commissioner's duties pursuant to this section. 2050 |
|---|
| 2405 | + | (i) (1) Each manufacturer shall follow the protocol in this subsection 2051 |
|---|
| 2406 | + | for disposing of cannabis in the event that any hemp or hemp product 2052 |
|---|
| 2407 | + | is deemed to exceed the prescribed THC concentration, as determined 2053 |
|---|
| 2408 | + | by the Commissioner of Consumer Protection, or a manufacturer 2054 |
|---|
| 2409 | + | licensee in possession of hemp or hemp products who desires to dispose 2055 |
|---|
| 2410 | + | of obsolete, misbranded, excess or otherwise undesired product. Each 2056 |
|---|
| 2411 | + | manufacturer licensee shall be responsible for all costs of disposal of 2057 |
|---|
| 2412 | + | hemp samples and any hemp produced by such licensee that violates 2058 |
|---|
| 2413 | + | the provisions of this section or any regulation adopted pursuant to this 2059 |
|---|
| 2414 | + | section. Any cannabis that exceeds the prescribed THC concentration 2060 |
|---|
| 2415 | + | allowable in hemp or hemp products shall be immediately embargoed 2061 |
|---|
| 2416 | + | by such manufacturer and clearly labeled as adulterated by such 2062 |
|---|
| 2417 | + | licensee and such licensee shall immediately notify both the Department 2063 |
|---|
| 2418 | + | of Consumer Protection and the Department of Agriculture, in writing, 2064 |
|---|
| 2419 | + | of such adulterated product. Such adulterated product shall be 2065 |
|---|
| 2420 | + | destroyed and disposed of by the following method, as determined by 2066 |
|---|
| 2421 | + | the Commissioner of Consumer Protection: 2067 |
|---|
| 2422 | + | (A) Surrender, without compensation, of such hemp or hemp product 2068 |
|---|
| 2423 | + | to the Commissioner of Consumer Protection who shall be responsible 2069 |
|---|
| 2424 | + | for the destruction and disposal of such adulterated product; or 2070 |
|---|
| 2425 | + | (B) By disposal in a manner prescribed by the Commissioner of 2071 |
|---|
| 2426 | + | Consumer Protection. 2072 Raised Bill No. 6697 |
|---|
| 2427 | + | |
|---|
| 2428 | + | |
|---|
| 2429 | + | |
|---|
| 2430 | + | LCO No. 4402 68 of 93 |
|---|
| 2431 | + | |
|---|
| 2432 | + | (2) Notwithstanding the provisions of subdivision (1) of this 2073 |
|---|
| 2433 | + | subsection, upon written request of a manufacturer, the Commissioner 2074 |
|---|
| 2434 | + | of Consumer Protection may permit such manufacturer to combine 2075 |
|---|
| 2435 | + | different batches of raw hemp plant material to achieve a THC 2076 |
|---|
| 2436 | + | concentration of 0.3 per cent on a dry weight basis, in lieu of embargo 2077 |
|---|
| 2437 | + | or destruction. 2078 |
|---|
| 2438 | + | (j) The manufacturer or manufacturer's authorized designee 2079 |
|---|
| 2439 | + | disposing of the hemp or hemp products shall maintain and make 2080 |
|---|
| 2440 | + | available to the Commissioner of Consumer Protection a record of each 2081 |
|---|
| 2441 | + | such disposal or destruction of product indicating: 2082 |
|---|
| 2442 | + | (1) The date, time and location of disposal or destruction; 2083 |
|---|
| 2443 | + | (2) The manner of disposal or destruction; 2084 |
|---|
| 2444 | + | (3) The batch or lot information and quantity of hemp or hemp 2085 |
|---|
| 2445 | + | product disposed of or destroyed; and 2086 |
|---|
| 2446 | + | (4) The signatures of the persons disposing of the hemp or hemp 2087 |
|---|
| 2447 | + | products, the authorized representative of the Commissioner of 2088 |
|---|
| 2448 | + | Consumer Protection and any other persons present during the 2089 |
|---|
| 2449 | + | disposal. 2090 |
|---|
| 2450 | + | (k) Any hemp intended to be manufactured into a manufacturer 2091 |
|---|
| 2451 | + | hemp product shall be tested by an independent testing laboratory 2092 |
|---|
| 2452 | + | located in this state. A manufacturer licensee shall make available 2093 |
|---|
| 2453 | + | samples, in an amount and type determined by the Commissioner of 2094 |
|---|
| 2454 | + | Consumer Protection, of hemp for an independent testing laboratory 2095 |
|---|
| 2455 | + | employee to select random samples. The independent testing laboratory 2096 |
|---|
| 2456 | + | shall test each sample [for microbiological contaminants, mycotoxins, 2097 |
|---|
| 2457 | + | heavy metals and pesticide chemical residue, and for purposes of 2098 |
|---|
| 2458 | + | conducting an active ingredient analysis, if applicable, as determined by 2099 |
|---|
| 2459 | + | the Commissioner of Consumer Protection] in accordance with the 2100 |
|---|
| 2460 | + | laboratory testing standards established in policies, procedures and 2101 |
|---|
| 2461 | + | regulations adopted by the commissioner pursuant to section 21a-421j. 2102 Raised Bill No. 6697 |
|---|
| 2462 | + | |
|---|
| 2463 | + | |
|---|
| 2464 | + | |
|---|
| 2465 | + | LCO No. 4402 69 of 93 |
|---|
| 2466 | + | |
|---|
| 2467 | + | (l) Once a batch of hemp, intended to be sold as a manufacturer hemp 2103 |
|---|
| 2468 | + | product, has been homogenized for sample testing and eventual 2104 |
|---|
| 2469 | + | packaging and sale, until the independent testing laboratory provides 2105 |
|---|
| 2470 | + | the results from its tests and analysis, the manufacturer licensee shall 2106 |
|---|
| 2471 | + | segregate and withhold from use the entire batch of hemp that is 2107 |
|---|
| 2472 | + | intended for use as a manufacturer hemp product, except the samples 2108 |
|---|
| 2473 | + | that have been removed by the independent testing laboratory for 2109 |
|---|
| 2474 | + | testing. During this period of segregation, the manufacturer licensee 2110 |
|---|
| 2475 | + | shall maintain the hemp batch in a secure, cool and dry location, as 2111 |
|---|
| 2476 | + | prescribed by the Commissioner of Consumer Protection, so as to 2112 |
|---|
| 2477 | + | prevent the hemp from becoming adulterated. Such manufacturer shall 2113 |
|---|
| 2478 | + | not manufacture or sell a manufacturer hemp product prior to the time 2114 |
|---|
| 2479 | + | that the independent testing laboratory completes testing and analysis 2115 |
|---|
| 2480 | + | and provides such results, in writing, to the manufacturer licensee who 2116 |
|---|
| 2481 | + | initiated such testing. 2117 |
|---|
| 2482 | + | (m) An independent testing laboratory shall immediately return or 2118 |
|---|
| 2483 | + | dispose of any hemp or manufacturer hemp product upon the 2119 |
|---|
| 2484 | + | completion of any testing, use or research. If an independent testing 2120 |
|---|
| 2485 | + | laboratory disposes of hemp or manufacturer hemp products, the 2121 |
|---|
| 2486 | + | laboratory shall dispose of such hemp in the following manner, as 2122 |
|---|
| 2487 | + | determined by the Commissioner of Consumer Protection: 2123 |
|---|
| 2488 | + | (1) By surrender, without compensation, of such hemp or 2124 |
|---|
| 2489 | + | manufacturer hemp product to the Commissioner of Consumer 2125 |
|---|
| 2490 | + | Protection who shall be responsible for the destruction and disposal of 2126 |
|---|
| 2491 | + | such hemp or hemp product; or 2127 |
|---|
| 2492 | + | (2) By disposal in a manner prescribed by the Commissioner of 2128 |
|---|
| 2493 | + | Consumer Protection. 2129 |
|---|
| 2494 | + | (n) If a sample does not pass the microbiological, mycotoxin, heavy 2130 |
|---|
| 2495 | + | metal or pesticide chemical residue test, based on the laboratory testing 2131 |
|---|
| 2496 | + | standards [prescribed by the Commissioner of Consumer Protection 2132 |
|---|
| 2497 | + | and published on the Internet web site of the Department of Consumer 2133 |
|---|
| 2498 | + | Protection] established in policies, procedures and regulations adopted 2134 Raised Bill No. 6697 |
|---|
| 2499 | + | |
|---|
| 2500 | + | |
|---|
| 2501 | + | |
|---|
| 2502 | + | LCO No. 4402 70 of 93 |
|---|
| 2503 | + | |
|---|
| 2504 | + | by the Commissioner of Consumer Protection pursuant to section 21a-2135 |
|---|
| 2505 | + | 421j, the manufacturer licensee who sent such batch for testing shall: 2136 |
|---|
| 2506 | + | (1) Retest and reanalyze the hemp from which the sample was taken 2137 |
|---|
| 2507 | + | by having an employee from the same laboratory randomly select 2138 |
|---|
| 2508 | + | another sample from the same hemp batch. If the sample used to retest 2139 |
|---|
| 2509 | + | or reanalyze such hemp yields satisfactory results for all testing 2140 |
|---|
| 2510 | + | required under this section, an employee from a different laboratory 2141 |
|---|
| 2511 | + | shall randomly select a different sample from the same hemp batch for 2142 |
|---|
| 2512 | + | testing. If both samples yield satisfactory results for all testing required 2143 |
|---|
| 2513 | + | under this section, the hemp batch from which the samples were taken 2144 |
|---|
| 2514 | + | shall be released for manufacturing, processing and sale; 2145 |
|---|
| 2515 | + | (2) If a remediation plan sufficient to ensure public health and safety 2146 |
|---|
| 2516 | + | is submitted to and approved by the commissioner, remediate the hemp 2147 |
|---|
| 2517 | + | batch from which the sample was taken and have a laboratory employee 2148 |
|---|
| 2518 | + | randomly select a sample from such remediated hemp batch. If such 2149 |
|---|
| 2519 | + | randomly selected sample yields satisfactory results for any testing 2150 |
|---|
| 2520 | + | required under this section, an employee from a different laboratory 2151 |
|---|
| 2521 | + | shall randomly select a different sample from the same hemp batch for 2152 |
|---|
| 2522 | + | testing. If both samples yield satisfactory results for all testing required 2153 |
|---|
| 2523 | + | under this section, the hemp batch from which the samples were taken 2154 |
|---|
| 2524 | + | may be released for manufacturing, processing or sale; or 2155 |
|---|
| 2525 | + | (3) If the manufacturer does not retest or remediate, or, if any 2156 |
|---|
| 2526 | + | subsequent laboratory testing does not yield satisfactory results for any 2157 |
|---|
| 2527 | + | testing required under this section, dispose of the entire batch from 2158 |
|---|
| 2528 | + | which the sample was taken in accordance with procedures established 2159 |
|---|
| 2529 | + | by the Commissioner of Consumer Protection pursuant to subdivision 2160 |
|---|
| 2530 | + | (1) of subsection (i) of this section. 2161 |
|---|
| 2531 | + | (o) If a sample passes the microbiological, mycotoxin, heavy metal 2162 |
|---|
| 2532 | + | and pesticide chemical residue test, the independent testing laboratory 2163 |
|---|
| 2533 | + | shall release the entire batch for manufacturing, processing or sale. 2164 |
|---|
| 2534 | + | (p) The independent testing laboratory shall file with the Department 2165 |
|---|
| 2535 | + | of Consumer Protection an electronic copy of each laboratory test result 2166 Raised Bill No. 6697 |
|---|
| 2536 | + | |
|---|
| 2537 | + | |
|---|
| 2538 | + | |
|---|
| 2539 | + | LCO No. 4402 71 of 93 |
|---|
| 2540 | + | |
|---|
| 2541 | + | for any batch that does not pass the microbiological, mycotoxin, heavy 2167 |
|---|
| 2542 | + | metal or pesticide chemical residue test, at the same time that it 2168 |
|---|
| 2543 | + | transmits such results to the manufacturer licensee who requested such 2169 |
|---|
| 2544 | + | testing. Each independent testing laboratory shall maintain the test 2170 |
|---|
| 2545 | + | results of each tested batch for a period of three years and shall make 2171 |
|---|
| 2546 | + | such results available to the Department of Consumer Protection upon 2172 |
|---|
| 2547 | + | request. 2173 |
|---|
| 2548 | + | (q) Manufacturer licensees shall maintain records required by the 2174 |
|---|
| 2549 | + | federal act, this section and any regulation adopted pursuant to this 2175 |
|---|
| 2550 | + | section. Each manufacturer licensee shall make such records available 2176 |
|---|
| 2551 | + | to the Department of Consumer Protection immediately upon request 2177 |
|---|
| 2552 | + | and in electronic format, if available. 2178 |
|---|
| 2553 | + | (r) The Commissioner of Consumer Protection may adopt 2179 |
|---|
| 2554 | + | regulations, in accordance with the provisions of chapter 54, to 2180 |
|---|
| 2555 | + | implement the provisions of this section including, but not limited to, 2181 |
|---|
| 2556 | + | establishing sampling and testing procedures to ensure compliance 2182 |
|---|
| 2557 | + | with this section, prescribing storage and disposal procedures for hemp, 2183 |
|---|
| 2558 | + | marijuana and manufacturer hemp products that fail to pass 2184 |
|---|
| 2559 | + | Department of Consumer Protection prescribed independent testing 2185 |
|---|
| 2560 | + | laboratory testing standards and establishing advertising and labeling 2186 |
|---|
| 2561 | + | requirements for manufacturer hemp products. 2187 |
|---|
| 2562 | + | (s) Any claim of health impacts, medical effects or physical or mental 2188 |
|---|
| 2563 | + | benefits shall be prohibited on any advertising for, labeling of or 2189 |
|---|
| 2564 | + | marketing of manufacturer hemp products. Any violation of this 2190 |
|---|
| 2565 | + | subsection shall be deemed an unfair or deceptive trade practice under 2191 |
|---|
| 2566 | + | chapter 735a. 2192 |
|---|
| 2567 | + | (t) Not later than February 1, 2020, the Commissioners of Agriculture 2193 |
|---|
| 2568 | + | and Consumer Protection shall submit a report, in accordance with 2194 |
|---|
| 2569 | + | section 11-4a, to the joint standing committee of the general assembly 2195 |
|---|
| 2570 | + | having cognizance of matters relating to the environment on the status 2196 |
|---|
| 2571 | + | of the pilot program, the development of the state plan and any 2197 |
|---|
| 2572 | + | regulations for such pilot program or state plan. Additionally such 2198 Raised Bill No. 6697 |
|---|
| 2573 | + | |
|---|
| 2574 | + | |
|---|
| 2575 | + | |
|---|
| 2576 | + | LCO No. 4402 72 of 93 |
|---|
| 2577 | + | |
|---|
| 2578 | + | report shall include any legislative recommendations, including, but not 2199 |
|---|
| 2579 | + | limited to, any recommendations for requiring the registration of any 2200 |
|---|
| 2580 | + | manufacturer hemp product offered for sale in this state. 2201 |
|---|
| 2581 | + | (u) Any person who sells manufacturer hemp products shall not be 2202 |
|---|
| 2582 | + | required to be licensed, provided such person only engages in: (1) The 2203 |
|---|
| 2583 | + | retail or wholesale sale of manufacturer hemp products in which no 2204 |
|---|
| 2584 | + | further manufacturing of hemp occurs, provided such manufacturer 2205 |
|---|
| 2585 | + | hemp products are acquired from a person authorized to manufacture 2206 |
|---|
| 2586 | + | the manufacturer hemp products under the laws of this state or another 2207 |
|---|
| 2587 | + | state, territory or possession of the United States or another sovereign 2208 |
|---|
| 2588 | + | entity; (2) the acquisition of manufacturer hemp products for the sole 2209 |
|---|
| 2589 | + | purpose of product distribution for resale; or (3) the retail sale of 2210 |
|---|
| 2590 | + | manufacturer hemp products that is otherwise authorized under federal 2211 |
|---|
| 2591 | + | or state law. 2212 |
|---|
| 2592 | + | (v) No manufacturer hemp product offered for sale in this state, or to 2213 |
|---|
| 2593 | + | a consumer in this state, shall contain any synthetic cannabinoid, as 2214 |
|---|
| 2594 | + | defined in section 21a-240, as amended by this act. 2215 |
|---|
| 2595 | + | (w) No manufacturer hemp product offered for sale in this state, or 2216 |
|---|
| 2596 | + | to a consumer in this state, shall be packaged, presented or advertised 2217 |
|---|
| 2597 | + | in a manner that is likely to mislead a consumer by incorporating any 2218 |
|---|
| 2598 | + | statement, brand, design, representation, picture, illustration or other 2219 |
|---|
| 2599 | + | depiction that: (1) Bears a reasonable resemblance to trademarked or 2220 |
|---|
| 2600 | + | characteristic packaging of (A) cannabis offered for sale (i) in this state 2221 |
|---|
| 2601 | + | by a cannabis establishment licensed in this state, or (ii) on tribal land 2222 |
|---|
| 2602 | + | by a tribal credentialed cannabis entity, or (B) a commercially available 2223 |
|---|
| 2603 | + | product other than a cannabis product, as defined in section 21a-420, as 2224 |
|---|
| 2604 | + | amended by this act; or (2) implies that the manufacturer hemp product 2225 |
|---|
| 2605 | + | (A) is a cannabis product, as defined in section 21a-420, as amended by 2226 |
|---|
| 2606 | + | this act, (B) contains a total THC concentration greater than three-tenths 2227 |
|---|
| 2607 | + | per cent on a dry-weight basis, or (C) is a high-THC hemp product, as 2228 |
|---|
| 2608 | + | defined in section 21a-240, as amended by this act. 2229 |
|---|
| 2609 | + | [(v)] (x) Notwithstanding any provision of the general statutes: (1) 2230 Raised Bill No. 6697 |
|---|
| 2610 | + | |
|---|
| 2611 | + | |
|---|
| 2612 | + | |
|---|
| 2613 | + | LCO No. 4402 73 of 93 |
|---|
| 2614 | + | |
|---|
| 2615 | + | [Marijuana does not include manufacturer hemp products; (2)] CBD 2231 |
|---|
| 2616 | + | that is found in manufacturer hemp products shall not be considered a 2232 |
|---|
| 2617 | + | controlled substance, as defined in section 21a-240, as amended by this 2233 |
|---|
| 2618 | + | act, or legend drug, as defined in section 20-571; and [(3) cannabinoids] 2234 |
|---|
| 2619 | + | (2) CBD derived from hemp and contained in manufacturer hemp 2235 |
|---|
| 2620 | + | products shall not be considered [controlled substances or adulterants] 2236 |
|---|
| 2621 | + | a controlled substance or adulterant. 2237 |
|---|
| 2622 | + | Sec. 24. Subsection (a) of section 10-19 of the general statutes is 2238 |
|---|
| 2623 | + | repealed and the following is substituted in lieu thereof (Effective October 2239 |
|---|
| 2624 | + | 1, 2023): 2240 |
|---|
| 2625 | + | (a) The knowledge, skills and attitudes required to understand and 2241 |
|---|
| 2626 | + | avoid the effects of alcohol, of nicotine or tobacco and of drugs, as 2242 |
|---|
| 2627 | + | defined in [subdivision (17) of] section 21a-240, as amended by this act, 2243 |
|---|
| 2628 | + | on health, character, citizenship and personality development shall be 2244 |
|---|
| 2629 | + | taught every academic year to pupils in all grades in the public schools; 2245 |
|---|
| 2630 | + | and, in teaching such subjects, textbooks and such other materials as are 2246 |
|---|
| 2631 | + | necessary shall be used. Annually, at such time and in such manner as 2247 |
|---|
| 2632 | + | the Commissioner of Education shall request, each local and regional 2248 |
|---|
| 2633 | + | board of education shall attest to the State Board of Education that all 2249 |
|---|
| 2634 | + | pupils enrolled in its schools have been taught such subjects pursuant 2250 |
|---|
| 2635 | + | to this subsection and in accordance with a planned, ongoing and 2251 |
|---|
| 2636 | + | systematic program of instruction. The content and scheduling of 2252 |
|---|
| 2637 | + | instruction shall be within the discretion of the local or regional board 2253 |
|---|
| 2638 | + | of education. Institutions of higher education approved by the State 2254 |
|---|
| 2639 | + | Board of Education to train teachers shall give instruction on the 2255 |
|---|
| 2640 | + | subjects prescribed in this section and concerning the best methods of 2256 |
|---|
| 2641 | + | teaching the same. The State Board of Education and the Board of 2257 |
|---|
| 2642 | + | Regents for Higher Education in consultation with the Commissioner of 2258 |
|---|
| 2643 | + | Mental Health and Addiction Services and the Commissioner of Public 2259 |
|---|
| 2644 | + | Health shall develop health education or other programs for elementary 2260 |
|---|
| 2645 | + | and secondary schools and for the training of teachers, administrators 2261 |
|---|
| 2646 | + | and guidance personnel with reference to understanding and avoiding 2262 |
|---|
| 2647 | + | the effects of nicotine or tobacco, alcohol and drugs. 2263 Raised Bill No. 6697 |
|---|
| 2648 | + | |
|---|
| 2649 | + | |
|---|
| 2650 | + | |
|---|
| 2651 | + | LCO No. 4402 74 of 93 |
|---|
| 2652 | + | |
|---|
| 2653 | + | Sec. 25. Subsection (a) of section 10-220a of the general statutes is 2264 |
|---|
| 2654 | + | repealed and the following is substituted in lieu thereof (Effective October 2265 |
|---|
| 2655 | + | 1, 2023): 2266 |
|---|
| 2656 | + | (a) Each local or regional board of education shall provide an in-2267 |
|---|
| 2657 | + | service training program for its teachers, administrators and pupil 2268 |
|---|
| 2658 | + | personnel who hold the initial educator, provisional educator or 2269 |
|---|
| 2659 | + | professional educator certificate. Such program shall provide such 2270 |
|---|
| 2660 | + | teachers, administrators and pupil personnel with information on (1) 2271 |
|---|
| 2661 | + | the nature and the relationship of alcohol and drugs, as defined in 2272 |
|---|
| 2662 | + | [subdivision (17) of] section 21a-240, as amended by this act, to health 2273 |
|---|
| 2663 | + | and personality development, and procedures for discouraging their 2274 |
|---|
| 2664 | + | abuse, (2) health and mental health risk reduction education that 2275 |
|---|
| 2665 | + | includes, but need not be limited to, the prevention of risk-taking 2276 |
|---|
| 2666 | + | behavior by children and the relationship of such behavior to substance 2277 |
|---|
| 2667 | + | abuse, pregnancy, sexually transmitted diseases, including HIV-2278 |
|---|
| 2668 | + | infection and AIDS, as defined in section 19a-581, violence, teen dating 2279 |
|---|
| 2669 | + | violence, domestic violence and child abuse, (3) school violence 2280 |
|---|
| 2670 | + | prevention, conflict resolution, the prevention of and response to youth 2281 |
|---|
| 2671 | + | suicide and the identification and prevention of and response to 2282 |
|---|
| 2672 | + | bullying, as defined in subsection (a) of section 10-222d, except that 2283 |
|---|
| 2673 | + | those boards of education that implement any evidence-based model 2284 |
|---|
| 2674 | + | approach that is approved by the Department of Education and is 2285 |
|---|
| 2675 | + | consistent with subsection (c) of section 10-145a, sections 10-222d, 10-2286 |
|---|
| 2676 | + | 222g and 10-222h, subsection (g) of section 10-233c and sections 1 and 3 2287 |
|---|
| 2677 | + | of public act 08-160, shall not be required to provide in-service training 2288 |
|---|
| 2678 | + | on the identification and prevention of and response to bullying, (4) 2289 |
|---|
| 2679 | + | cardiopulmonary resuscitation and other emergency life saving 2290 |
|---|
| 2680 | + | procedures, (5) the requirements and obligations of a mandated 2291 |
|---|
| 2681 | + | reporter, (6) the detection and recognition of, and evidence-based 2292 |
|---|
| 2682 | + | structured literacy interventions for, students with dyslexia, as defined 2293 |
|---|
| 2683 | + | in section 10-3d, (7) culturally responsive pedagogy and practice, 2294 |
|---|
| 2684 | + | including, but not limited to, the video training module relating to 2295 |
|---|
| 2685 | + | implicit bias and anti-bias in the hiring process in accordance with the 2296 |
|---|
| 2686 | + | provisions of section 10-156hh, and (8) the principles and practices of 2297 Raised Bill No. 6697 |
|---|
| 2687 | + | |
|---|
| 2688 | + | |
|---|
| 2689 | + | |
|---|
| 2690 | + | LCO No. 4402 75 of 93 |
|---|
| 2691 | + | |
|---|
| 2692 | + | social-emotional learning and restorative practices. Each local or 2298 |
|---|
| 2693 | + | regional board of education may allow any paraprofessional or 2299 |
|---|
| 2694 | + | noncertified employee to participate, on a voluntary basis, in any in-2300 |
|---|
| 2695 | + | service training program provided pursuant to this section. 2301 |
|---|
| 2696 | + | Sec. 26. Subsection (e) of section 10-221 of the general statutes is 2302 |
|---|
| 2697 | + | repealed and the following is substituted in lieu thereof (Effective October 2303 |
|---|
| 2698 | + | 1, 2023): 2304 |
|---|
| 2699 | + | (e) Each local and regional board of education shall develop, adopt 2305 |
|---|
| 2700 | + | and implement policies and procedures in conformity with section 10-2306 |
|---|
| 2701 | + | 154a for (1) dealing with the use, sale or possession of alcohol or 2307 |
|---|
| 2702 | + | controlled drugs, as defined in [subdivision (8) of] section 21a-240, as 2308 |
|---|
| 2703 | + | amended by this act, by public school students on school property, 2309 |
|---|
| 2704 | + | including a process for coordination with, and referral of such students 2310 |
|---|
| 2705 | + | to, appropriate agencies, and (2) cooperating with law enforcement 2311 |
|---|
| 2706 | + | officials. On and after January 1, 2022, no such policies and procedures 2312 |
|---|
| 2707 | + | shall result in a student facing greater discipline, punishment or 2313 |
|---|
| 2708 | + | sanction for use, sale or possession of cannabis than a student would 2314 |
|---|
| 2709 | + | face for the use, sale or possession of alcohol. 2315 |
|---|
| 2710 | + | Sec. 27. Subsections (a) to (e), inclusive, of section 10-233d of the 2316 |
|---|
| 2711 | + | general statutes are repealed and the following is substituted in lieu 2317 |
|---|
| 2712 | + | thereof (Effective October 1, 2023): 2318 |
|---|
| 2713 | + | (a) (1) Any local or regional board of education, at a meeting at which 2319 |
|---|
| 2714 | + | three or more members of such board are present, or the impartial 2320 |
|---|
| 2715 | + | hearing board established pursuant to subsection (b) of this section, may 2321 |
|---|
| 2716 | + | expel, subject to the provisions of this subsection, any pupil in grades 2322 |
|---|
| 2717 | + | three to twelve, inclusive, whose conduct on school grounds or at a 2323 |
|---|
| 2718 | + | school-sponsored activity is violative of a publicized policy of such 2324 |
|---|
| 2719 | + | board and is seriously disruptive of the educational process or 2325 |
|---|
| 2720 | + | endangers persons or property or whose conduct off school grounds is 2326 |
|---|
| 2721 | + | violative of such policy and is seriously disruptive of the educational 2327 |
|---|
| 2722 | + | process, provided a majority of the board members sitting in the 2328 |
|---|
| 2723 | + | expulsion hearing vote to expel and that at least three affirmative votes 2329 Raised Bill No. 6697 |
|---|
| 2724 | + | |
|---|
| 2725 | + | |
|---|
| 2726 | + | |
|---|
| 2727 | + | LCO No. 4402 76 of 93 |
|---|
| 2728 | + | |
|---|
| 2729 | + | for expulsion are cast. In making a determination as to whether conduct 2330 |
|---|
| 2730 | + | is seriously disruptive of the educational process, the board of education 2331 |
|---|
| 2731 | + | or impartial hearing board may consider, but such consideration shall 2332 |
|---|
| 2732 | + | not be limited to: (A) Whether the incident occurred within close 2333 |
|---|
| 2733 | + | proximity of a school; (B) whether other students from the school were 2334 |
|---|
| 2734 | + | involved or whether there was any gang involvement; (C) whether the 2335 |
|---|
| 2735 | + | conduct involved violence, threats of violence or the unlawful use of a 2336 |
|---|
| 2736 | + | weapon, as defined in section 29-38, and whether any injuries occurred; 2337 |
|---|
| 2737 | + | and (D) whether the conduct involved the use of alcohol. 2338 |
|---|
| 2738 | + | (2) Expulsion proceedings pursuant to this section, except as 2339 |
|---|
| 2739 | + | provided in subsection (i) of this section, shall be required for any pupil 2340 |
|---|
| 2740 | + | in grades kindergarten to twelve, inclusive, whenever there is reason to 2341 |
|---|
| 2741 | + | believe that any pupil (A) on school grounds or at a school-sponsored 2342 |
|---|
| 2742 | + | activity, was in possession of a firearm, as defined in 18 USC 921, as 2343 |
|---|
| 2743 | + | amended from time to time, or deadly weapon, dangerous instrument 2344 |
|---|
| 2744 | + | or martial arts weapon, as defined in section 53a-3, (B) off school 2345 |
|---|
| 2745 | + | grounds, did possess such a firearm in violation of section 29-35 or did 2346 |
|---|
| 2746 | + | possess and use such a firearm, instrument or weapon in the 2347 |
|---|
| 2747 | + | commission of a crime under chapter 952, or (C) on or off school 2348 |
|---|
| 2748 | + | grounds, offered for sale or distribution a controlled substance, as 2349 |
|---|
| 2749 | + | defined in [subdivision (9) of] section 21a-240, as amended by this act, 2350 |
|---|
| 2750 | + | whose manufacture, distribution, sale, prescription, dispensing, 2351 |
|---|
| 2751 | + | transporting or possessing with intent to sell or dispense, offering, or 2352 |
|---|
| 2752 | + | administering is subject to criminal penalties under sections 21a-277, as 2353 |
|---|
| 2753 | + | amended by this act, and 21a-278, as amended by this act. Such a pupil 2354 |
|---|
| 2754 | + | shall be expelled for one calendar year if the local or regional board of 2355 |
|---|
| 2755 | + | education or impartial hearing board finds that the pupil did so possess 2356 |
|---|
| 2756 | + | or so possess and use, as appropriate, such a firearm, instrument or 2357 |
|---|
| 2757 | + | weapon or did so offer for sale or distribution such a controlled 2358 |
|---|
| 2758 | + | substance, provided the board of education or the hearing board may 2359 |
|---|
| 2759 | + | modify the period of expulsion for a pupil on a case-by-case basis, and 2360 |
|---|
| 2760 | + | as provided for in subdivision (2) of subsection (c) of this section. 2361 |
|---|
| 2761 | + | (3) Unless an emergency exists, no pupil shall be expelled without a 2362 |
|---|
| 2762 | + | formal hearing held pursuant to sections 4-176e to 4-180a, inclusive, and 2363 Raised Bill No. 6697 |
|---|
| 2763 | + | |
|---|
| 2764 | + | |
|---|
| 2765 | + | |
|---|
| 2766 | + | LCO No. 4402 77 of 93 |
|---|
| 2767 | + | |
|---|
| 2768 | + | section 4-181a, provided whenever such pupil is a minor, the notice 2364 |
|---|
| 2769 | + | required by section 4-177 and section 4-180 shall also be given to the 2365 |
|---|
| 2770 | + | parents or guardian of the pupil at least five business days before such 2366 |
|---|
| 2771 | + | hearing. If an emergency exists, such hearing shall be held as soon after 2367 |
|---|
| 2772 | + | the expulsion as possible. The notice shall include information 2368 |
|---|
| 2773 | + | concerning the parent's or guardian's and the pupil's legal rights and 2369 |
|---|
| 2774 | + | concerning legal services provided free of charge or at a reduced rate 2370 |
|---|
| 2775 | + | that are available locally and how to access such services. An attorney 2371 |
|---|
| 2776 | + | or other advocate may represent any pupil subject to expulsion 2372 |
|---|
| 2777 | + | proceedings. The parent or guardian of the pupil shall have the right to 2373 |
|---|
| 2778 | + | have the expulsion hearing postponed for up to one week to allow time 2374 |
|---|
| 2779 | + | to obtain representation, except that if an emergency exists, such hearing 2375 |
|---|
| 2780 | + | shall be held as soon after the expulsion as possible. 2376 |
|---|
| 2781 | + | (b) For purposes of conducting expulsion hearings as required by 2377 |
|---|
| 2782 | + | subsection (a) of this section, any local or regional board of education or 2378 |
|---|
| 2783 | + | any two or more of such boards in cooperation may establish an 2379 |
|---|
| 2784 | + | impartial hearing board of one or more persons. No member of any such 2380 |
|---|
| 2785 | + | board or boards shall be a member of the hearing board. The hearing 2381 |
|---|
| 2786 | + | board shall have the authority to conduct the expulsion hearing and 2382 |
|---|
| 2787 | + | render a final decision in accordance with the provisions of sections 4-2383 |
|---|
| 2788 | + | 176e to 4-180a, inclusive, and section 4-181a. 2384 |
|---|
| 2789 | + | (c) (1) In determining the length of an expulsion and the nature of the 2385 |
|---|
| 2790 | + | alternative educational opportunity to be offered under subsection (d) 2386 |
|---|
| 2791 | + | of this section, the local or regional board of education, or the impartial 2387 |
|---|
| 2792 | + | hearing board established pursuant to subsection (b) of this section, may 2388 |
|---|
| 2793 | + | receive and consider evidence of past disciplinary problems that have 2389 |
|---|
| 2794 | + | led to removal from a classroom, suspension or expulsion of such pupil. 2390 |
|---|
| 2795 | + | (2) For any pupil expelled for the first time pursuant to this section 2391 |
|---|
| 2796 | + | and who has never been suspended pursuant to section 10-233c, except 2392 |
|---|
| 2797 | + | for a pupil who has been expelled based on possession of a firearm or 2393 |
|---|
| 2798 | + | deadly weapon as described in subsection (a) of this section, the local or 2394 |
|---|
| 2799 | + | regional board of education may shorten the length of or waive the 2395 |
|---|
| 2800 | + | expulsion period if the pupil successfully completes a board-specified 2396 Raised Bill No. 6697 |
|---|
| 2801 | + | |
|---|
| 2802 | + | |
|---|
| 2803 | + | |
|---|
| 2804 | + | LCO No. 4402 78 of 93 |
|---|
| 2805 | + | |
|---|
| 2806 | + | program and meets any other conditions required by the board. Such 2397 |
|---|
| 2807 | + | board-specified program shall not require the pupil or the parent or 2398 |
|---|
| 2808 | + | guardian of the pupil to pay for participation in the program. 2399 |
|---|
| 2809 | + | (d) No local or regional board of education is required to offer an 2400 |
|---|
| 2810 | + | alternative educational opportunity, except in accordance with this 2401 |
|---|
| 2811 | + | section. Any pupil under sixteen years of age who is expelled shall be 2402 |
|---|
| 2812 | + | offered an alternative educational opportunity, which shall be (1) 2403 |
|---|
| 2813 | + | alternative education, as defined by section 10-74j, with an 2404 |
|---|
| 2814 | + | individualized learning plan, if such board provides such alternative 2405 |
|---|
| 2815 | + | education, or (2) in accordance with the standards adopted by the State 2406 |
|---|
| 2816 | + | Board of Education, pursuant to section 10-233o, during the period of 2407 |
|---|
| 2817 | + | expulsion, provided any parent or guardian of such pupil who does not 2408 |
|---|
| 2818 | + | choose to have [his or her] such parent's or guardian's child enrolled in 2409 |
|---|
| 2819 | + | an alternative educational opportunity shall not be subject to the 2410 |
|---|
| 2820 | + | provisions of section 10-184. Any pupil expelled for the first time who 2411 |
|---|
| 2821 | + | is between the ages of sixteen and eighteen and who wishes to continue 2412 |
|---|
| 2822 | + | [his or her] such pupil's education shall be offered such an alternative 2413 |
|---|
| 2823 | + | educational opportunity if [he or she] such pupil complies with 2414 |
|---|
| 2824 | + | conditions established by [his or her] such pupil's local or regional board 2415 |
|---|
| 2825 | + | of education. Such alternative educational opportunity may include, but 2416 |
|---|
| 2826 | + | shall not be limited to, the placement of a pupil who is at least seventeen 2417 |
|---|
| 2827 | + | years of age in an adult education program pursuant to section 10-69. 2418 |
|---|
| 2828 | + | Any pupil participating in any such adult education program during a 2419 |
|---|
| 2829 | + | period of expulsion shall not be required to withdraw from school under 2420 |
|---|
| 2830 | + | section 10-184. A local or regional board of education shall count the 2421 |
|---|
| 2831 | + | expulsion of a pupil when [he] the pupil was under sixteen years of age 2422 |
|---|
| 2832 | + | for purposes of determining whether an alternative educational 2423 |
|---|
| 2833 | + | opportunity is required for such pupil when [he] such pupil is between 2424 |
|---|
| 2834 | + | the ages of sixteen and eighteen. A local or regional board of education 2425 |
|---|
| 2835 | + | may offer an alternative educational opportunity to a pupil for whom 2426 |
|---|
| 2836 | + | such alternative educational opportunity is not required pursuant to 2427 |
|---|
| 2837 | + | this section. 2428 |
|---|
| 2838 | + | (e) If a pupil is expelled pursuant to this section for possession of a 2429 |
|---|
| 2839 | + | firearm, as defined in 18 USC 921, as amended from time to time, or 2430 Raised Bill No. 6697 |
|---|
| 2840 | + | |
|---|
| 2841 | + | |
|---|
| 2842 | + | |
|---|
| 2843 | + | LCO No. 4402 79 of 93 |
|---|
| 2844 | + | |
|---|
| 2845 | + | deadly weapon, dangerous instrument or martial arts weapon, as 2431 |
|---|
| 2846 | + | defined in section 53a-3, the board of education shall report the violation 2432 |
|---|
| 2847 | + | to the local police department or in the case of a student enrolled in a 2433 |
|---|
| 2848 | + | technical education and career school to the state police. If a pupil is 2434 |
|---|
| 2849 | + | expelled pursuant to this section for the sale or distribution of a 2435 |
|---|
| 2850 | + | controlled substance, as defined in [subdivision (9) of] section 21a-240, 2436 |
|---|
| 2851 | + | as amended by this act, whose manufacture, distribution, sale, 2437 |
|---|
| 2852 | + | prescription, dispensing, transporting or possessing with the intent to 2438 |
|---|
| 2853 | + | sell or dispense, offering, or administration is subject to criminal 2439 |
|---|
| 2854 | + | penalties under sections 21a-277, as amended by this act, and 21a-278, 2440 |
|---|
| 2855 | + | as amended by this act, the board of education shall refer the pupil to 2441 |
|---|
| 2856 | + | an appropriate state or local agency for rehabilitation, intervention or 2442 |
|---|
| 2857 | + | job training, or any combination thereof, and inform the agency of its 2443 |
|---|
| 2858 | + | action. 2444 |
|---|
| 2859 | + | Sec. 28. Section 10a-18 of the general statutes is repealed and the 2445 |
|---|
| 2860 | + | following is substituted in lieu thereof (Effective October 1, 2023): 2446 |
|---|
| 2861 | + | On and after September 1, 1974, all state institutions of higher 2447 |
|---|
| 2862 | + | education shall offer a program of information concerning drugs, as 2448 |
|---|
| 2863 | + | defined in [subdivision (17) of] section 21a-240, as amended by this act, 2449 |
|---|
| 2864 | + | and alcohol and instruction in the use and the relationships of such 2450 |
|---|
| 2865 | + | drugs and alcohol to health and personality development, and in 2451 |
|---|
| 2866 | + | procedures for discouraging their abuse, which programs shall be 2452 |
|---|
| 2867 | + | coordinated with those developed under section 10-19, as amended by 2453 |
|---|
| 2868 | + | this act. 2454 |
|---|
| 2869 | + | Sec. 29. Subdivision (4) of subsection (a) of section 10a-55c of the 2455 |
|---|
| 2870 | + | general statutes is repealed and the following is substituted in lieu 2456 |
|---|
| 2871 | + | thereof (Effective October 1, 2023): 2457 |
|---|
| 2872 | + | (4) A statement of policy regarding the possession, use and sale of 2458 |
|---|
| 2873 | + | alcoholic beverages and controlled substances, as defined in 2459 |
|---|
| 2874 | + | [subdivision (9) of] section 21a-240, as amended by this act; 2460 |
|---|
| 2875 | + | Sec. 30. Subsection (b) of section 20-34 of the general statutes is 2461 |
|---|
| 2876 | + | repealed and the following is substituted in lieu thereof (Effective October 2462 Raised Bill No. 6697 |
|---|
| 2877 | + | |
|---|
| 2878 | + | |
|---|
| 2879 | + | |
|---|
| 2880 | + | LCO No. 4402 80 of 93 |
|---|
| 2881 | + | |
|---|
| 2882 | + | 1, 2023): 2463 |
|---|
| 2883 | + | (b) For purposes of subsection (a) of this section, "natural substances" 2464 |
|---|
| 2884 | + | means substances that are not narcotic substances, as defined in 2465 |
|---|
| 2885 | + | [subdivision (30) of] section 21a-240, as amended by this act, do not 2466 |
|---|
| 2886 | + | require the written or oral prescription of a licensed practitioner to be 2467 |
|---|
| 2887 | + | dispensed and are only administered orally. 2468 |
|---|
| 2888 | + | Sec. 31. Subsection (a) of section 21a-248 of the general statutes is 2469 |
|---|
| 2889 | + | repealed and the following is substituted in lieu thereof (Effective October 2470 |
|---|
| 2890 | + | 1, 2023): 2471 |
|---|
| 2891 | + | (a) A licensed manufacturer or wholesaler may sell and dispense 2472 |
|---|
| 2892 | + | controlled drugs to any of the following-named persons, but in the case 2473 |
|---|
| 2893 | + | of schedule II drugs only on an official written order or electronically 2474 |
|---|
| 2894 | + | through the Drug Enforcement Agency's Controlled Substance 2475 |
|---|
| 2895 | + | Ordering System: (1) To a manufacturer, wholesaler or pharmacist; (2) 2476 |
|---|
| 2896 | + | to a physician, dentist or veterinarian; (3) to a person in charge of a 2477 |
|---|
| 2897 | + | hospital, incorporated college or scientific institution, but only for use 2478 |
|---|
| 2898 | + | by or in that hospital, incorporated college or scientific institution for 2479 |
|---|
| 2899 | + | medical or scientific purposes; (4) to a person in charge of a laboratory, 2480 |
|---|
| 2900 | + | but only for use in that laboratory for scientific and medical purposes; 2481 |
|---|
| 2901 | + | and (5) to any registrant as defined in [subdivision (47) of] section 21a-2482 |
|---|
| 2902 | + | 240, as amended by this act. 2483 |
|---|
| 2903 | + | Sec. 32. Section 21a-263 of the general statutes is repealed and the 2484 |
|---|
| 2904 | + | following is substituted in lieu thereof (Effective October 1, 2023): 2485 |
|---|
| 2905 | + | The Commissioner of Consumer Protection may receive, take into 2486 |
|---|
| 2906 | + | custody or destroy any drug paraphernalia as defined in subdivision 2487 |
|---|
| 2907 | + | [(20)] (19) of section 21a-240, as amended by this act. Said commissioner 2488 |
|---|
| 2908 | + | shall keep a full and complete record of all drug paraphernalia received 2489 |
|---|
| 2909 | + | and disposed of, showing the exact kinds, quantities and forms of such 2490 |
|---|
| 2910 | + | drug paraphernalia, the persons from whom received, by whose 2491 |
|---|
| 2911 | + | authority received and destroyed, and the dates of the receipt or 2492 |
|---|
| 2912 | + | destruction. Drug paraphernalia held by law enforcement agencies or 2493 |
|---|
| 2913 | + | court officials as evidence in criminal proceedings, or drug 2494 Raised Bill No. 6697 |
|---|
| 2914 | + | |
|---|
| 2915 | + | |
|---|
| 2916 | + | |
|---|
| 2917 | + | LCO No. 4402 81 of 93 |
|---|
| 2918 | + | |
|---|
| 2919 | + | paraphernalia seized or held as contraband shall be destroyed upon the 2495 |
|---|
| 2920 | + | order of the court by the seizing authority or delivered to the 2496 |
|---|
| 2921 | + | Commissioner of Consumer Protection as soon as possible upon 2497 |
|---|
| 2922 | + | termination of the proceedings or resolution of the case. 2498 |
|---|
| 2923 | + | Sec. 33. Subsection (a) of section 21a-267 of the general statutes is 2499 |
|---|
| 2924 | + | repealed and the following is substituted in lieu thereof (Effective October 2500 |
|---|
| 2925 | + | 1, 2023): 2501 |
|---|
| 2926 | + | (a) No person shall use or possess with intent to use drug 2502 |
|---|
| 2927 | + | paraphernalia, as defined in subdivision [(20)] (19) of section 21a-240, as 2503 |
|---|
| 2928 | + | amended by this act, to plant, propagate, cultivate, grow, harvest, 2504 |
|---|
| 2929 | + | manufacture, compound, convert, produce, process, prepare, test, 2505 |
|---|
| 2930 | + | analyze, pack, repack, store, contain or conceal, or to ingest, inhale or 2506 |
|---|
| 2931 | + | otherwise introduce into the human body, any controlled substance, as 2507 |
|---|
| 2932 | + | defined in [subdivision (9) of] section 21a-240, as amended by this act, 2508 |
|---|
| 2933 | + | other than cannabis. Any person who violates any provision of this 2509 |
|---|
| 2934 | + | subsection shall be guilty of a class C misdemeanor. 2510 |
|---|
| 2935 | + | Sec. 34. Section 21a-270 of the general statutes is repealed and the 2511 |
|---|
| 2936 | + | following is substituted in lieu thereof (Effective October 1, 2023): 2512 |
|---|
| 2937 | + | In determining whether any object or material listed in subdivision 2513 |
|---|
| 2938 | + | [(20)] (19) of section 21a-240, as amended by this act, shall be deemed 2514 |
|---|
| 2939 | + | "drug paraphernalia", a court or other authority shall, in addition to all 2515 |
|---|
| 2940 | + | other logically relevant factors, consider the following: 2516 |
|---|
| 2941 | + | (1) Statements by an owner or by anyone in control of the object 2517 |
|---|
| 2942 | + | concerning its use; 2518 |
|---|
| 2943 | + | (2) The proximity of the object to any controlled substances; 2519 |
|---|
| 2944 | + | (3) The existence of any residue of controlled substances on the object; 2520 |
|---|
| 2945 | + | (4) Evidence of the intent of an owner, or of anyone in control of the 2521 |
|---|
| 2946 | + | object, to deliver it to persons whom [he] the owner knows, or should 2522 |
|---|
| 2947 | + | reasonably know, intend to use the object to facilitate a violation of this 2523 |
|---|
| 2948 | + | section, subdivision [(20)] (19) of section 21a-240, as amended by this 2524 Raised Bill No. 6697 |
|---|
| 2949 | + | |
|---|
| 2950 | + | |
|---|
| 2951 | + | |
|---|
| 2952 | + | LCO No. 4402 82 of 93 |
|---|
| 2953 | + | |
|---|
| 2954 | + | act, and sections 21a-263, as amended by this act, 21a-267, as amended 2525 |
|---|
| 2955 | + | by this act, and 21a-271, as amended by this act; 2526 |
|---|
| 2956 | + | (5) Instructions, oral or written, provided with the object concerning 2527 |
|---|
| 2957 | + | its use with a controlled substance; 2528 |
|---|
| 2958 | + | (6) Descriptive materials accompanying the object which explain or 2529 |
|---|
| 2959 | + | depict its use with a controlled substance; 2530 |
|---|
| 2960 | + | (7) National and local advertising concerning its use; 2531 |
|---|
| 2961 | + | (8) The manner in which the object is displayed for sale; 2532 |
|---|
| 2962 | + | (9) Whether the owner, or anyone in control of the object, is a 2533 |
|---|
| 2963 | + | legitimate supplier of like or related items to the community, such as a 2534 |
|---|
| 2964 | + | licensed distributor or dealer of tobacco products; 2535 |
|---|
| 2965 | + | (10) Evidence of the ratio of sales of the object to the total sales of the 2536 |
|---|
| 2966 | + | business enterprise; 2537 |
|---|
| 2967 | + | (11) The existence and scope of legitimate uses for the object in the 2538 |
|---|
| 2968 | + | community; 2539 |
|---|
| 2969 | + | (12) Expert testimony concerning its use. 2540 |
|---|
| 2970 | + | Sec. 35. Section 21a-271 of the general statutes is repealed and the 2541 |
|---|
| 2971 | + | following is substituted in lieu thereof (Effective October 1, 2023): 2542 |
|---|
| 2972 | + | If any section, part, clause or phrase in subdivision [(20)] (19) of 2543 |
|---|
| 2973 | + | section 21a-240, as amended by this act, section 21a-263, as amended by 2544 |
|---|
| 2974 | + | this act, 21a-267, as amended by this act, 21a-270, as amended by this 2545 |
|---|
| 2975 | + | act, or this section, is for any reason held to be invalid or 2546 |
|---|
| 2976 | + | unconstitutional, sections, parts, clauses and phrases in said sections not 2547 |
|---|
| 2977 | + | held to be invalid or unconstitutional shall not be affected and shall 2548 |
|---|
| 2978 | + | remain in full force and effect. 2549 |
|---|
| 2979 | + | Sec. 36. Subsection (c) of section 21a-277 of the general statutes is 2550 |
|---|
| 2980 | + | repealed and the following is substituted in lieu thereof (Effective October 2551 |
|---|
| 2981 | + | 1, 2023): 2552 Raised Bill No. 6697 |
|---|
| 2982 | + | |
|---|
| 2983 | + | |
|---|
| 2984 | + | |
|---|
| 2985 | + | LCO No. 4402 83 of 93 |
|---|
| 2986 | + | |
|---|
| 2987 | + | (c) No person may knowingly possess drug paraphernalia in a drug 2553 |
|---|
| 2988 | + | factory situation as defined by subdivision [(20)] (19) of section 21a-240, 2554 |
|---|
| 2989 | + | as amended by this act, for the unlawful mixing, compounding or 2555 |
|---|
| 2990 | + | otherwise preparing any controlled substance for purposes of violation 2556 |
|---|
| 2991 | + | of this chapter. 2557 |
|---|
| 2992 | + | Sec. 37. Subdivision (1) of subsection (b) of section 21a-278 of the 2558 |
|---|
| 2993 | + | general statutes is repealed and the following is substituted in lieu 2559 |
|---|
| 2994 | + | thereof (Effective October 1, 2023): 2560 |
|---|
| 2995 | + | (b) (1) No person may manufacture, distribute, sell, prescribe, 2561 |
|---|
| 2996 | + | dispense, compound, transport with the intent to sell or dispense, 2562 |
|---|
| 2997 | + | possess with the intent to sell or dispense, offer, give or administer to 2563 |
|---|
| 2998 | + | another person, except as authorized in this chapter or chapter 420f, (A) 2564 |
|---|
| 2999 | + | a narcotic substance, (B) a hallucinogenic substance, (C) an 2565 |
|---|
| 3000 | + | amphetamine-type substance, or (D) one kilogram or more of [a 2566 |
|---|
| 3001 | + | cannabis-type substance] marijuana. The provisions of this subdivision 2567 |
|---|
| 3002 | + | shall not apply to a person who is, at the time of the commission of the 2568 |
|---|
| 3003 | + | offense, a drug-dependent person. 2569 |
|---|
| 3004 | + | Sec. 38. Subsection (k) of section 21a-420d of the general statutes is 2570 |
|---|
| 3005 | + | repealed and the following is substituted in lieu thereof (Effective October 2571 |
|---|
| 3006 | + | 1, 2023): 2572 |
|---|
| 3007 | + | (k) The council shall develop criteria for evaluating the ownership 2573 |
|---|
| 3008 | + | and control of any equity joint venture created under section 21a-420m, 2574 |
|---|
| 3009 | + | as amended by this act, 21a-420u, as amended by this act, or section 21a-2575 |
|---|
| 3010 | + | 420j, as amended by this act, and shall review and approve or deny in 2576 |
|---|
| 3011 | + | writing such equity joint venture prior to such equity joint venture being 2577 |
|---|
| 3012 | + | licensed under section 21a-420m, as amended by this act, 21a-420u, as 2578 |
|---|
| 3013 | + | amended by this act, or section 21a-420j, as amended by this act. After 2579 |
|---|
| 3014 | + | developing criteria for social equity plans as described in subdivision 2580 |
|---|
| 3015 | + | (5) of subsection (h) of this section, the council shall review and approve 2581 |
|---|
| 3016 | + | or deny in writing any such plan submitted by a cannabis establishment 2582 |
|---|
| 3017 | + | as part of its final license application. The council shall not approve any 2583 |
|---|
| 3018 | + | equity joint venture applicant which shares with an equity joint venture 2584 Raised Bill No. 6697 |
|---|
| 3019 | + | |
|---|
| 3020 | + | |
|---|
| 3021 | + | |
|---|
| 3022 | + | LCO No. 4402 84 of 93 |
|---|
| 3023 | + | |
|---|
| 3024 | + | any individual owner who meets the criteria established in 2585 |
|---|
| 3025 | + | subparagraphs (A) and (B) of subdivision [(48)] (47) of section 21a-420, 2586 |
|---|
| 3026 | + | as amended by this act. 2587 |
|---|
| 3027 | + | Sec. 39. Subsection (a) of section 54-142v of the general statutes is 2588 |
|---|
| 3028 | + | repealed and the following is substituted in lieu thereof (Effective October 2589 |
|---|
| 3029 | + | 1, 2023): 2590 |
|---|
| 3030 | + | (a) (1) Any person who has been convicted in any court in this state 2591 |
|---|
| 3031 | + | (A) (i) on October 1, 2015, or thereafter, and prior to July 1, 2021, or (ii) 2592 |
|---|
| 3032 | + | prior to January 1, 2000, of a violation of section 21a-279 for possession 2593 |
|---|
| 3033 | + | of [a cannabis-type substance] cannabis and the amount possessed was 2594 |
|---|
| 3034 | + | less than or equal to four ounces of such substance, (B) prior to July 1, 2595 |
|---|
| 3035 | + | 2021, of a violation of subsection (a) of section 21a-267, as amended by 2596 |
|---|
| 3036 | + | this act, for use or possession with intent to use of drug paraphernalia 2597 |
|---|
| 3037 | + | to store, contain or conceal, or to ingest, inhale or otherwise introduce 2598 |
|---|
| 3038 | + | into the human body cannabis, or (C) prior to July 1, 2021, of a violation 2599 |
|---|
| 3039 | + | of subsection (b) of section 21a-277, as amended by this act, for 2600 |
|---|
| 3040 | + | manufacturing, distributing, selling, prescribing, compounding, 2601 |
|---|
| 3041 | + | transporting with the intent to sell or dispense, possessing with the 2602 |
|---|
| 3042 | + | intent to sell or dispense, offering, giving or administering to another 2603 |
|---|
| 3043 | + | person [a cannabis-type substance] cannabis and the amount involved 2604 |
|---|
| 3044 | + | was less than or equal to four ounces or six plants grown inside such 2605 |
|---|
| 3045 | + | person's own primary residence for personal use may file a petition with 2606 |
|---|
| 3046 | + | the Superior Court at the location in which such conviction was effected, 2607 |
|---|
| 3047 | + | or with the Superior Court at the location having custody of the records 2608 |
|---|
| 3048 | + | of such conviction or if such conviction was in the Court of Common 2609 |
|---|
| 3049 | + | Pleas, Circuit Court, municipal court or by a trial justice, in the Superior 2610 |
|---|
| 3050 | + | Court where venue would currently exist for criminal prosecution, for 2611 |
|---|
| 3051 | + | an order of erasure. 2612 |
|---|
| 3052 | + | (2) As part of such petition, such person shall include a copy of the 2613 |
|---|
| 3053 | + | arrest record or an affidavit supporting such person's petition that, in 2614 |
|---|
| 3054 | + | the case of a violation of section 21a-279, such person possessed four 2615 |
|---|
| 3055 | + | ounces or less of [a cannabis-type substance] cannabis for which such 2616 |
|---|
| 3056 | + | person was convicted, in the case of a violation of subsection (a) of 2617 Raised Bill No. 6697 |
|---|
| 3057 | + | |
|---|
| 3058 | + | |
|---|
| 3059 | + | |
|---|
| 3060 | + | LCO No. 4402 85 of 93 |
|---|
| 3061 | + | |
|---|
| 3062 | + | section 21a-267, as amended by this act, such person used or possessed 2618 |
|---|
| 3063 | + | with intent to use such drug paraphernalia only to store, contain or 2619 |
|---|
| 3064 | + | conceal, or to ingest, inhale or otherwise introduce into the human body 2620 |
|---|
| 3065 | + | cannabis or in the case of a violation of subsection (b) of section 21a-277, 2621 |
|---|
| 3066 | + | as amended by this act, such person manufactured, distributed, sold, 2622 |
|---|
| 3067 | + | prescribed, compounded, transported with the intent to sell or dispense, 2623 |
|---|
| 3068 | + | possessed with the intent to sell or dispense, offered, gave or 2624 |
|---|
| 3069 | + | administered to another person less than or equal to four ounces of [a 2625 |
|---|
| 3070 | + | cannabis-type substance] marijuana or six cannabis plants grown inside 2626 |
|---|
| 3071 | + | such person's own primary residence for personal use. 2627 |
|---|
| 3072 | + | (3) If such petition is in order, the Superior Court shall direct all police 2628 |
|---|
| 3073 | + | and court records and records of the state's or prosecuting attorney 2629 |
|---|
| 3074 | + | pertaining to such offense to be erased pursuant to the provisions of 2630 |
|---|
| 3075 | + | section 54-142a. 2631 |
|---|
| 3076 | + | (4) No fee may be charged in any court with respect to any petition 2632 |
|---|
| 3077 | + | under this subsection. 2633 |
|---|
| 3078 | + | Sec. 40. Section 38a-492 of the general statutes is repealed and the 2634 |
|---|
| 3079 | + | following is substituted in lieu thereof (Effective October 1, 2023): 2635 |
|---|
| 3080 | + | No individual health insurance policy providing coverage of the type 2636 |
|---|
| 3081 | + | specified in subdivisions (1), (2), (4), (6), (10) and (11) of section 38a-469 2637 |
|---|
| 3082 | + | shall be delivered, issued for delivery or renewed in this state, or 2638 |
|---|
| 3083 | + | amended to substantially alter or change benefits or coverage, on or 2639 |
|---|
| 3084 | + | after July 1, 1975, unless persons covered under such policy will be 2640 |
|---|
| 3085 | + | eligible for benefits for expenses of emergency medical care arising from 2641 |
|---|
| 3086 | + | accidental ingestion or consumption of a controlled drug, as defined by 2642 |
|---|
| 3087 | + | [subdivision (8) of] section 21a-240, as amended by this act, which are at 2643 |
|---|
| 3088 | + | least equal to the following minimum requirements: (1) In the case of 2644 |
|---|
| 3089 | + | benefits based upon confinement as an inpatient in a hospital, whether 2645 |
|---|
| 3090 | + | or not operated by the state, the period of confinement for which 2646 |
|---|
| 3091 | + | benefits shall be payable shall be at least thirty days in any calendar 2647 |
|---|
| 3092 | + | year. (2) For covered expenses incurred by the insured while other than 2648 |
|---|
| 3093 | + | an inpatient in a hospital, benefits shall be available for such expenses 2649 Raised Bill No. 6697 |
|---|
| 3094 | + | |
|---|
| 3095 | + | |
|---|
| 3096 | + | |
|---|
| 3097 | + | LCO No. 4402 86 of 93 |
|---|
| 3098 | + | |
|---|
| 3099 | + | during any calendar year up to a maximum of five hundred dollars. For 2650 |
|---|
| 3100 | + | purposes of this section, the term "covered expenses" means the 2651 |
|---|
| 3101 | + | reasonable charges for treatment deemed necessary under generally 2652 |
|---|
| 3102 | + | accepted medical standards. 2653 |
|---|
| 3103 | + | Sec. 41. Section 38a-518 of the general statutes is repealed and the 2654 |
|---|
| 3104 | + | following is substituted in lieu thereof (Effective October 1, 2023): 2655 |
|---|
| 3105 | + | No group health insurance policy providing coverage of the type 2656 |
|---|
| 3106 | + | specified in subdivisions (1), (2), (4), (6) and (11) of section 38a-469 shall 2657 |
|---|
| 3107 | + | be delivered, issued for delivery or renewed in this state, or amended to 2658 |
|---|
| 3108 | + | substantially alter or change benefits or coverage, on or after July 1, 1975, 2659 |
|---|
| 3109 | + | unless persons covered under such policy will be eligible for benefits for 2660 |
|---|
| 3110 | + | expenses of emergency medical care arising from accidental ingestion 2661 |
|---|
| 3111 | + | or consumption of a controlled drug, as defined by [subdivision (8) of] 2662 |
|---|
| 3112 | + | section 21a-240, as amended by this act, which are at least equal to the 2663 |
|---|
| 3113 | + | following minimum requirements: (1) In the case of benefits based upon 2664 |
|---|
| 3114 | + | confinement as an inpatient in a hospital, whether or not operated by 2665 |
|---|
| 3115 | + | the state, the period of confinement for which benefits shall be payable 2666 |
|---|
| 3116 | + | shall be at least thirty days in any calendar year. (2) For covered 2667 |
|---|
| 3117 | + | expenses incurred by the insured while other than an inpatient in a 2668 |
|---|
| 3118 | + | hospital, benefits shall be available for such expenses during any 2669 |
|---|
| 3119 | + | calendar year up to a maximum of five hundred dollars. For purposes 2670 |
|---|
| 3120 | + | of this section, the term "covered expenses" means the reasonable 2671 |
|---|
| 3121 | + | charges for treatment deemed necessary under generally accepted 2672 |
|---|
| 3122 | + | medical standards. 2673 |
|---|
| 3123 | + | Sec. 42. Subdivision (6) of subsection (a) of section 53a-18 of the 2674 |
|---|
| 3124 | + | general statutes is repealed and the following is substituted in lieu 2675 |
|---|
| 3125 | + | thereof (Effective October 1, 2023): 2676 |
|---|
| 3126 | + | (6) A teacher or other person entrusted with the care and supervision 2677 |
|---|
| 3127 | + | of a minor for school purposes may use reasonable physical force upon 2678 |
|---|
| 3128 | + | such minor when and to the extent such teacher or other person 2679 |
|---|
| 3129 | + | reasonably believes such force to be necessary to (A) protect [himself or 2680 |
|---|
| 3130 | + | herself] such teacher, other person or others from immediate physical 2681 Raised Bill No. 6697 |
|---|
| 3131 | + | |
|---|
| 3132 | + | |
|---|
| 3133 | + | |
|---|
| 3134 | + | LCO No. 4402 87 of 93 |
|---|
| 3135 | + | |
|---|
| 3136 | + | injury, (B) obtain possession of a dangerous instrument or controlled 2682 |
|---|
| 3137 | + | substance, as defined in [subdivision (9) of] section 21a-240, as amended 2683 |
|---|
| 3138 | + | by this act, upon or within the control of such minor, (C) protect 2684 |
|---|
| 3139 | + | property from physical damage, or (D) restrain such minor or remove 2685 |
|---|
| 3140 | + | such minor to another area, to maintain order. 2686 |
|---|
| 3141 | + | Sec. 43. Subsections (c) to (g), inclusive, of section 54-36a of the 2687 |
|---|
| 3142 | + | general statutes are repealed and the following is substituted in lieu 2688 |
|---|
| 3143 | + | thereof (Effective October 1, 2023): 2689 |
|---|
| 3144 | + | (c) Unless such seized property is stolen property and is ordered 2690 |
|---|
| 3145 | + | returned pursuant to subsection (b) of this section or unless such seized 2691 |
|---|
| 3146 | + | property is adjudicated a nuisance in accordance with section 54-33g, or 2692 |
|---|
| 3147 | + | unless the court finds that such property shall be forfeited or is 2693 |
|---|
| 3148 | + | contraband, or finds that such property is a controlled drug [, a] or 2694 |
|---|
| 3149 | + | controlled substance as defined in section 21a-240, as amended by this 2695 |
|---|
| 3150 | + | act, or drug paraphernalia as defined in subdivision [(8), (9) or (20)] (19) 2696 |
|---|
| 3151 | + | of section 21a-240, as amended by this act, it shall, at the final disposition 2697 |
|---|
| 3152 | + | of the criminal action or as soon thereafter as is practical, or, if there is 2698 |
|---|
| 3153 | + | no criminal action, at any time upon motion of the prosecuting official 2699 |
|---|
| 3154 | + | of such court, order the return of such property to its owner within six 2700 |
|---|
| 3155 | + | months upon proper claim therefor. 2701 |
|---|
| 3156 | + | (d) When the court orders the return of the seized property to the 2702 |
|---|
| 3157 | + | owner, the order shall provide that if the seized property is not claimed 2703 |
|---|
| 3158 | + | by the owner within six months, the property shall be destroyed or be 2704 |
|---|
| 3159 | + | given to a charitable or educational institution or to a governmental 2705 |
|---|
| 3160 | + | agency or institution, except that (1) if such property is money it shall 2706 |
|---|
| 3161 | + | be remitted to the state and shall be deposited in the General Fund or 2707 |
|---|
| 3162 | + | (2) if such property is a valuable prize it shall be disposed of by public 2708 |
|---|
| 3163 | + | auction or private sale in which case the proceeds shall become the 2709 |
|---|
| 3164 | + | property of the state and shall be deposited in the General Fund; 2710 |
|---|
| 3165 | + | provided any person who has a bona fide mortgage, assignment of lease 2711 |
|---|
| 3166 | + | or rent, lien or security interest in such property shall have the same 2712 |
|---|
| 3167 | + | right to the proceeds as [he] such person had in the property prior to the 2713 |
|---|
| 3168 | + | sale. 2714 Raised Bill No. 6697 |
|---|
| 3169 | + | |
|---|
| 3170 | + | |
|---|
| 3171 | + | |
|---|
| 3172 | + | LCO No. 4402 88 of 93 |
|---|
| 3173 | + | |
|---|
| 3174 | + | (e) If such seized property is adjudicated a nuisance or if the court 2715 |
|---|
| 3175 | + | finds that such property shall be forfeited or is contraband other than a 2716 |
|---|
| 3176 | + | controlled drug [, a] or controlled substance as defined in section 21a-2717 |
|---|
| 3177 | + | 240, as amended by this act, or drug paraphernalia as defined in 2718 |
|---|
| 3178 | + | subdivision [(8), (9) or (20)] (19) of section 21a-240, as amended by this 2719 |
|---|
| 3179 | + | act, the court shall order that such property be destroyed or be given to 2720 |
|---|
| 3180 | + | a charitable or educational institution or to a governmental agency or 2721 |
|---|
| 3181 | + | institution, except that (1) if such property is money, the court shall 2722 |
|---|
| 3182 | + | order that it be remitted to the state and be deposited in the General 2723 |
|---|
| 3183 | + | Fund, or (2) if such property is a valuable prize, the court shall order 2724 |
|---|
| 3184 | + | that it be disposed of by public auction or private sale in which case the 2725 |
|---|
| 3185 | + | proceeds shall become the property of the state and shall be deposited 2726 |
|---|
| 3186 | + | in the General Fund; provided any person who has a bona fide 2727 |
|---|
| 3187 | + | mortgage, assignment of lease or rent, lien or security interest in such 2728 |
|---|
| 3188 | + | property shall have the same right to the proceeds as [he] such person 2729 |
|---|
| 3189 | + | had in the property prior to sale. 2730 |
|---|
| 3190 | + | (f) If the court finds that such seized property is fireworks as defined 2731 |
|---|
| 3191 | + | in section 29-356, the court shall order the forfeiture and destruction of 2732 |
|---|
| 3192 | + | such property. Any secondary evidence of the identity, description or 2733 |
|---|
| 3193 | + | value of such property shall be admissible in evidence against the 2734 |
|---|
| 3194 | + | defendant in the trial of the case. A photograph of the fireworks and a 2735 |
|---|
| 3195 | + | sworn affidavit describing such fireworks shall be sufficient evidence of 2736 |
|---|
| 3196 | + | the identity of the fireworks. The fact that the evidence is secondary in 2737 |
|---|
| 3197 | + | nature may be shown to affect the weight of such evidence, but not to 2738 |
|---|
| 3198 | + | affect its admissibility. 2739 |
|---|
| 3199 | + | (g) If the court finds that such seized property is a controlled drug [, 2740 |
|---|
| 3200 | + | a] or controlled substance as defined in section 21a-240, as amended by 2741 |
|---|
| 3201 | + | this act, or drug paraphernalia as defined in subdivision [(8), (9) or (20)] 2742 |
|---|
| 3202 | + | (19) of section 21a-240, as amended by this act, the court shall order the 2743 |
|---|
| 3203 | + | forfeiture and destruction of such property or order it delivered to the 2744 |
|---|
| 3204 | + | Commissioner of Consumer Protection pursuant to section 54-36g, as 2745 |
|---|
| 3205 | + | amended by this act. 2746 |
|---|
| 3206 | + | Sec. 44. Subsection (a) of section 54-36g of the general statutes is 2747 Raised Bill No. 6697 |
|---|
| 3207 | + | |
|---|
| 3208 | + | |
|---|
| 3209 | + | |
|---|
| 3210 | + | LCO No. 4402 89 of 93 |
|---|
| 3211 | + | |
|---|
| 3212 | + | repealed and the following is substituted in lieu thereof (Effective October 2748 |
|---|
| 3213 | + | 1, 2023): 2749 |
|---|
| 3214 | + | (a) At any time after the seizure of a controlled drug or a controlled 2750 |
|---|
| 3215 | + | substance [,] as defined in [subdivision (8) or (9) of] section 21a-240, as 2751 |
|---|
| 3216 | + | amended by this act, or drug paraphernalia [,] as defined in subdivision 2752 |
|---|
| 3217 | + | [(20)] (19) of section 21a-240, as amended by this act, in connection with 2753 |
|---|
| 3218 | + | a criminal arrest or pursuant to a search warrant without an arrest, the 2754 |
|---|
| 3219 | + | prosecuting official of the court for the geographical area in which the 2755 |
|---|
| 3220 | + | criminal offense is alleged to have been committed may petition the 2756 |
|---|
| 3221 | + | court for destruction of such controlled drug, controlled substance or 2757 |
|---|
| 3222 | + | drug paraphernalia. After notice, by certified or registered mail to the 2758 |
|---|
| 3223 | + | defendant and [his] the defendant's attorney, and hearing on the 2759 |
|---|
| 3224 | + | petition, the court may order the forfeiture and destruction of such 2760 |
|---|
| 3225 | + | controlled drug, controlled substance or drug paraphernalia, under 2761 |
|---|
| 3226 | + | procedures and to the extent determined by the court, or order it 2762 |
|---|
| 3227 | + | delivered to the Commissioner of Consumer Protection as soon as 2763 |
|---|
| 3228 | + | possible. Such order shall be in writing and shall provide for the analysis 2764 |
|---|
| 3229 | + | of representative samples of such controlled drug, controlled substance 2765 |
|---|
| 3230 | + | or drug paraphernalia. The results of such analysis shall be recorded on 2766 |
|---|
| 3231 | + | a certificate signed by the person making the analysis, witnessed and 2767 |
|---|
| 3232 | + | acknowledged pursuant to section 1-29. Such certificate shall be prima 2768 |
|---|
| 3233 | + | facie evidence of the composition and quality of such controlled drug, 2769 |
|---|
| 3234 | + | controlled substance or drug paraphernalia. 2770 |
|---|
| 3235 | + | Sec. 45. Subdivision (1) of subsection (a) of section 54-36h of the 2771 |
|---|
| 3236 | + | general statutes is repealed and the following is substituted in lieu 2772 |
|---|
| 3237 | + | thereof (Effective October 1, 2023): 2773 |
|---|
| 3238 | + | (1) All moneys used, or intended for use, in the procurement, 2774 |
|---|
| 3239 | + | manufacture, compounding, processing, delivery or distribution of any 2775 |
|---|
| 3240 | + | controlled substance, as defined in [subdivision (9) of] section 21a-240, 2776 |
|---|
| 3241 | + | as amended by this act; 2777 |
|---|
| 3242 | + | Sec. 46. Section 21a-421b of the general statutes is repealed and the 2778 |
|---|
| 3243 | + | following is substituted in lieu thereof (Effective October 1, 2023): 2779 Raised Bill No. 6697 |
|---|
| 3244 | + | |
|---|
| 3245 | + | |
|---|
| 3246 | + | |
|---|
| 3247 | + | LCO No. 4402 90 of 93 |
|---|
| 3248 | + | |
|---|
| 3249 | + | (a) For the purposes of this section: 2780 |
|---|
| 3250 | + | (1) "Applicant" means an entity applying for an initial or renewal 2781 |
|---|
| 3251 | + | cannabis establishment or cannabis testing laboratory license; 2782 |
|---|
| 3252 | + | (2) "Entity" means an association, company, corporation, 2783 |
|---|
| 3253 | + | organization, partnership, sole proprietorship or trust; 2784 |
|---|
| 3254 | + | (3) "Executive managerial control" means, in the case of an individual, 2785 |
|---|
| 3255 | + | the authority or power to direct or influence the direction or operation 2786 |
|---|
| 3256 | + | of an applicant through agreement, board membership, contract or 2787 |
|---|
| 3257 | + | voting power; 2788 |
|---|
| 3258 | + | (4) "Manager" means an individual who is not a key employee and 2789 |
|---|
| 3259 | + | has (A) an ownership interest in an applicant, and (B) executive 2790 |
|---|
| 3260 | + | managerial control of an applicant; 2791 |
|---|
| 3261 | + | (5) "Owner" means an individual who has more than a five per cent 2792 |
|---|
| 3262 | + | ownership interest in an applicant; and 2793 |
|---|
| 3263 | + | (6) "Ownership interest" means the possession of equity in the assets, 2794 |
|---|
| 3264 | + | capital, profits or stock of an applicant. 2795 |
|---|
| 3265 | + | [(a) On and after July 1, 2021, the] (b) The commissioner shall require 2796 |
|---|
| 3266 | + | [all individuals listed on an application for a cannabis establishment 2797 |
|---|
| 3267 | + | license, laboratory or research program license, or key employee license 2798 |
|---|
| 3268 | + | to submit to] that a fingerprint-based state and national criminal history 2799 |
|---|
| 3269 | + | records [checks before such license is issued. The criminal history 2800 |
|---|
| 3270 | + | records checks required pursuant to this subsection shall] check be 2801 |
|---|
| 3271 | + | conducted in accordance with section 29-17a [. Upon renewal, the] for 2802 |
|---|
| 3272 | + | each key employee, manager and owner of an applicant . The 2803 |
|---|
| 3273 | + | commissioner may require [all individuals listed on an application for a 2804 |
|---|
| 3274 | + | cannabis establishment license, laboratory or research program license, 2805 |
|---|
| 3275 | + | or key employee license to be fingerprinted and] key employees, 2806 |
|---|
| 3276 | + | managers and owners to submit to a state and national criminal history 2807 |
|---|
| 3277 | + | records check conducted in accordance with section 29-17a before [such 2808 |
|---|
| 3278 | + | renewal] issuing a license [is issued] renewal. 2809 Raised Bill No. 6697 |
|---|
| 3279 | + | |
|---|
| 3280 | + | |
|---|
| 3281 | + | |
|---|
| 3282 | + | LCO No. 4402 91 of 93 |
|---|
| 3283 | + | |
|---|
| 3284 | + | (c) A key employee, manager or owner shall be denied a license in 2810 |
|---|
| 3285 | + | the event that the key employee's background check reveals a 2811 |
|---|
| 3286 | + | disqualifying conviction. 2812 |
|---|
| 3287 | + | [(b)] (d) The department shall charge the applicant a fee equal to the 2813 |
|---|
| 3288 | + | amount charged to the department to conduct a state and national 2814 |
|---|
| 3289 | + | criminal history records check of the applicant. 2815 |
|---|