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General Assembly Substitute Bill No. 6697
January Session, 2023
AN ACT CONCERNING THE DEPARTMENT OF CONSUMER
PROTECTION'S RECOMMENDATIONS REGARDING CANNABIS
REGULATION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 21a-240 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2023): 2
The following words and phrases, as used in this chapter, shall have 3
the following meanings, unless the context otherwise requires: 4
(1) "Abuse of drugs" means the use of controlled substances solely for 5
their stimulant, depressant or hallucinogenic effect upon the higher 6
functions of the central nervous system and not as a therapeutic agent 7
prescribed in the course of medical treatment or in a program of 8
research operated under the direction of a physician or pharmacologist. 9
[;] 10
(2) "Administer" means the direct application of a controlled 11
substance, whether by injection, inhalation, ingestion or any other 12
means, to the body of a patient or research subject by: (A) A practitioner, 13
or, in [his] the practitioner's presence, by [his] the practitioner's 14
authorized agent, or (B) the patient or research subject at the direction 15
and in the presence of the practitioner, or (C) a nurse or intern under the 16 Substitute Bill No. 6697
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direction and supervision of a practitioner. [;] 17
(3) "Agent" means an authorized person who acts on behalf of or at 18
the direction of a manufacturer, distributor, dispenser or prescribing 19
practitioner, [. It] but does not include a common or contract carrier, 20
public warehouseman, or employee of the carrier or warehouseman. [;] 21
(4) "Amphetamine-type substances" include amphetamine, optical 22
isomers thereof, salts of amphetamine and its isomers, and chemical 23
compounds which are similar thereto in chemical structure or which are 24
similar thereto in physiological effect, and which show a like potential 25
for abuse, which are controlled substances under this chapter unless 26
modified. [;] 27
(5) "Barbiturate-type drugs" include barbituric acid and its salts, 28
derivatives thereof and chemical compounds which are similar thereto 29
in chemical structure or which are similar thereto in physiological effect, 30
and which show a like potential for abuse, which are controlled 31
substances under this chapter unless modified. [;] 32
(6) "Bureau" means the Bureau of Narcotics and Dangerous Drugs, 33
United States Department of Justice, or its successor agency. [;] 34
[(7) "Cannabis-type substances" include all parts of any plant, or 35
species of the genus cannabis or any infra specific taxon thereof whether 36
growing or not; the seeds thereof; the resin extracted from any part of 37
such a plant; and every compound, manufacture, salt, derivative, 38
mixture or preparation of such plant, its seeds or resin; but shall not 39
include the mature stalks of such plant, fiber produced from such stalks, 40
oil or cake made from the seeds of such plant, any other compound, 41
manufacture, salt, derivative, mixture or preparation of such mature 42
stalks, except the resin extracted therefrom, fiber, oil or cake, the 43
sterilized seed of such plant which is incapable of germination, or hemp, 44
as defined in 7 USC 1639o, as amended from time to time. Included are 45
cannabinon, cannabinol, cannabidiol and chemical compounds which 46
are similar to cannabinon, cannabinol or cannabidiol in chemical 47 Substitute Bill No. 6697
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structure or which are similar thereto in physiological effect, and which 48
show a like potential for abuse, which are controlled substances under 49
this chapter unless derived from hemp, as defined in section 22-61l;] 50
[(8)] (7) "Controlled drugs" are those drugs which contain any 51
quantity of a substance which has been designated as subject to the 52
federal Controlled Substances Act, or which has been designated as a 53
depressant or stimulant drug pursuant to federal food and drug laws, 54
or which has been designated by the Commissioner of Consumer 55
Protection pursuant to section 21a-243, as having a stimulant, 56
depressant or hallucinogenic effect upon the higher functions of the 57
central nervous system and as having a tendency to promote abuse or 58
psychological or physiological dependence, or both. Such controlled 59
drugs are classifiable as amphetamine-type, barbiturate-type, cannabis-60
type, cocaine-type, hallucinogenic, morphine-type and other stimulant 61
and depressant drugs. Specifically excluded from controlled drugs and 62
controlled substances are alcohol, nicotine and caffeine. [;] 63
[(9)] (8) "Controlled substance" means a drug, substance, or 64
immediate precursor in schedules I to V, inclusive, of the Connecticut 65
controlled substance scheduling regulations adopted pursuant to 66
section 21a-243. [;] 67
[(10)] (9) "Counterfeit substance" means a controlled substance 68
which, or the container or labeling of which, without authorization, 69
bears the trademark, trade name or other identifying mark, imprint, 70
number or device, or any likeness thereof, of a manufacturer, distributor 71
or dispenser other than the person who in fact manufactured, 72
distributed or dispensed the substance. [;] 73
[(11)] (10) "Deliver or delivery" means the actual, constructive or 74
attempted transfer from one person to another of a controlled substance, 75
whether or not there is an agency relationship. [;] 76
[(12)] (11) "Dentist" means a person authorized by law to practice 77
dentistry in this state. [;] 78 Substitute Bill No. 6697
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[(13)] (12) "Dispense" means to deliver a controlled substance to an 79
ultimate user or research subject by or pursuant to the lawful order of a 80
practitioner, including the prescribing, administering, packaging, 81
labeling or compounding necessary to prepare the substance for the 82
delivery. [;] 83
[(14)] (13) "Dispenser" means a practitioner who dispenses. [;] 84
[(15)] (14) "Distribute" means to deliver other than by administering 85
or dispensing a controlled substance. [;] 86
[(16)] (15) "Distributor" means a person who distributes and includes 87
a wholesaler who is a person supplying or distributing controlled drugs 88
which [he himself] the person personally has not produced or prepared 89
to hospitals, clinics, practitioners, pharmacies, other wholesalers, 90
manufacturers and federal, state and municipal agencies. [;] 91
[(17)] (16) "Drug" means (A) substances recognized as drugs in the 92
official United States Pharmacopoeia, official Homeopathic 93
Pharmacopoeia of the United States, or official National Formulary, or 94
any supplement to any of them; (B) substances intended for use in the 95
diagnosis, cure, mitigation, treatment or prevention of disease in man 96
or animals; (C) substances, other than food, intended to affect the 97
structure or any function of the body of man or animals; and (D) 98
substances intended for use as a component of any article specified in 99
subparagraph (A), (B) or (C) of this subdivision. It does not include 100
devices or their components, parts or accessories. [;] 101
[(18)] (17) "Drug dependence" means a psychoactive substance 102
dependence on drugs as that condition is defined in the most recent 103
edition of the "Diagnostic and Statistical Manual of Mental Disorders" 104
of the American Psychiatric Association. [;] 105
[(19)] (18) "Drug-dependent person" means a person who has a 106
psychoactive substance dependence on drugs as that condition is 107
defined in the most recent edition of the "Diagnostic and Statistical 108
Manual of Mental Disorders" of the American Psychiatric Association. 109 Substitute Bill No. 6697
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[;] 110
[(20)] (19) (A) "Drug paraphernalia" means equipment, products and 111
materials of any kind that are used, intended for use or designed for use 112
in planting, propagating, cultivating, growing, harvesting, 113
manufacturing, compounding, converting, producing, processing, 114
preparing, testing, analyzing, packaging, repackaging, storing, 115
containing or concealing, or ingesting, inhaling or otherwise 116
introducing into the human body, any controlled substance contrary to 117
the provisions of this chapter, including, but not limited to: (i) Kits 118
intended for use or designed for use in planting, propagating, 119
cultivating, growing or harvesting of any species of plant that is a 120
controlled substance or from which a controlled substance can be 121
derived; (ii) kits used, intended for use or designed for use in 122
manufacturing, compounding, converting, producing, processing or 123
preparing controlled substances; (iii) isomerization devices used or 124
intended for use in increasing the potency of any species of plant that is 125
a controlled substance; (iv) testing equipment used, intended for use or 126
designed for use in identifying or analyzing the strength, effectiveness 127
or purity of controlled substances; (v) dilutents and adulterants, 128
including, but not limited to, quinine hydrochloride, mannitol, mannite, 129
dextrose and lactose used, intended for use or designed for use in 130
cutting controlled substances; (vi) separation gins and sifters used, 131
intended for use or designed for use in removing twigs and seeds from, 132
or in otherwise cleaning or refining, marijuana; (vii) capsules and other 133
containers used, intended for use or designed for use in packaging small 134
quantities of controlled substances; (viii) containers and other objects 135
used, intended for use or designed for use in storing or concealing 136
controlled substances; and (ix) objects used, intended for use or 137
designed for use in ingesting, inhaling, or otherwise introducing 138
marijuana, cocaine, hashish, or hashish oil into the human body, 139
including, but not limited to, wooden, acrylic, glass, stone, plastic or 140
ceramic pipes with screens, permanent screens, hashish heads or 141
punctured metal bowls; water pipes; carburetion tubes and devices; 142
smoking and carburetion masks; roach clips; miniature cocaine spoons 143 Substitute Bill No. 6697
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and cocaine vials; chamber pipes; carburetor pipes; electric pipes; air-144
driven pipes; chillums; bongs; ice pipes and chillers. "Drug 145
paraphernalia" does not include a product used by a manufacturer 146
licensed pursuant to this chapter for the activities permitted under the 147
license or by an individual to test any substance prior to injection, 148
inhalation or ingestion of the substance to prevent accidental overdose 149
by injection, inhalation or ingestion of the substance, provided the 150
licensed manufacturer or individual is not using the product to engage 151
in the unlicensed manufacturing or distribution of controlled 152
substances. As used in this subdivision, "roach clip" means an object 153
used to hold burning material, including, but not limited to, a marijuana 154
cigarette, that has become too small or too short to be held between the 155
fingers. [;] 156
(B) "Factory" means any place used for the manufacturing, mixing, 157
compounding, refining, processing, packaging, distributing, storing, 158
keeping, holding, administering or assembling illegal substances 159
contrary to the provisions of this chapter, or any building, rooms or 160
location which contains equipment or paraphernalia used for this 161
purpose. [;] 162
[(21)] (20) "Federal Controlled Substances Act, 21 USC 801 et seq." 163
means Public Law 91-513, the Comprehensive Drug Abuse Prevention 164
and Control Act of 1970. [;] 165
[(22)] (21) "Federal food and drug laws" means the federal Food, Drug 166
and Cosmetic Act, as amended, Title 21 USC 301 et seq. [;] 167
[(23)] (22) "Hallucinogenic substances" are psychodysleptic 168
substances, other than [cannabis-type substances] marijuana, which 169
assert a confusional or disorganizing effect upon mental processes or 170
behavior and mimic acute psychotic disturbances. Exemplary of such 171
drugs are mescaline, peyote, psilocyn and d-lysergic acid diethylamide, 172
which are controlled substances under this chapter unless modified. [;] 173
(23) "High-THC hemp product" means a manufacturer hemp 174 Substitute Bill No. 6697
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product, as defined in section 22-61l, as amended by this act, that has a 175
THC concentration or serving size limit, or is advertised, labeled or 176
offered for sale as having a total THC concentration or serving size limit, 177
that exceeds (A) for a hemp edible, hemp topical or hemp transdermal 178
patch (i) one milligram on a per-serving basis, or (ii) five milligrams on 179
a per-container basis, (B) for a hemp tincture, including, but not limited 180
to, oil intended for ingestion by swallowing or sublingual absorption (i) 181
one milligram on a per-serving basis, or (ii) twenty-five milligrams on a 182
per-container basis, (C) for a hemp concentrate or extract, including, but 183
not limited to, a vape oil, wax or shatter, twenty-five milligrams on a 184
per-container basis, or (D) for a manufacturer hemp product not 185
described in subparagraph (A), (B) or (C) of this subdivision, (i) one 186
milligram on a per-serving basis, (ii) five milligrams on a per-container 187
basis, or (iii) three-tenths per cent on a dry-weight basis. 188
(24) "Hospital", as used in sections 21a-243 to 21a-283, inclusive, 189
means an institution for the care and treatment of the sick and injured, 190
approved by the Department of Public Health or the Department of 191
Mental Health and Addiction Services as proper to be entrusted with 192
the custody of controlled drugs and substances and professional use of 193
controlled drugs and substances under the direction of a licensed 194
practitioner. [;] 195
(25) "Intern" means a person who holds a degree of doctor of 196
medicine or doctor of dental surgery or medicine and whose period of 197
service has been recorded with the Department of Public Health and 198
who has been accepted and is participating in training by a hospital or 199
institution in this state. Doctors meeting the foregoing requirements and 200
commonly designated as "residents" and "fellows" shall be regarded as 201
interns for purposes of this chapter. [;] 202
(26) "Immediate precursor" means a substance which the 203
Commissioner of Consumer Protection has found to be, and by 204
regulation designates as being, the principal compound commonly used 205
or produced primarily for use, and which is an immediate chemical 206
intermediary used or likely to be used, in the manufacture of a 207 Substitute Bill No. 6697
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controlled substance, the control of which is necessary to prevent, curtail 208
or limit manufacture. [;] 209
(27) "Laboratory" means a laboratory approved by the Department of 210
Consumer Protection as proper to be entrusted with the custody of 211
controlled substances and the use of controlled substances for scientific 212
and medical purposes and for purposes of instruction, research or 213
analysis. [;] 214
(28) "Manufacture" means the production, preparation, cultivation, 215
growing, propagation, compounding, conversion or processing of a 216
controlled substance, either directly or indirectly by extraction from 217
substances of natural origin, or independently by means of chemical 218
synthesis, or by a combination of extraction and chemical synthesis, and 219
includes any packaging or repackaging of the substance or labeling or 220
relabeling of its container, except that this term does not include the 221
preparation or compounding of a controlled substance by an individual 222
for [his] the individual's own use or the preparation, compounding, 223
packaging or labeling of a controlled substance: (A) By a practitioner as 224
an incident to [his] the practitioner administering or dispensing of a 225
controlled substance in the course of [his] such practitioner's 226
professional practice, or (B) by a practitioner, or by [his] the 227
practitioner's authorized agent under [his] such practitioner's 228
supervision, for the purpose of, or as an incident to, research, teaching 229
or chemical analysis and not for sale. [;] 230
(29) "Marijuana" means all parts of any plant, or species of the genus 231
cannabis or any infra specific taxon thereof, whether growing or not; the 232
seeds thereof; the resin extracted from any part of the plant; every 233
compound, manufacture, salt, derivative, mixture, or preparation of 234
such plant, its seeds or resin, any [product made using hemp, as defined 235
in section 22-61l, which exceeds three-tenths per cent total THC 236
concentration on a dry-weight basis] high-THC hemp product; 237
manufactured cannabinoids, synthetic cannabinoids, except as 238
provided in subparagraph (E) of this subdivision; or cannabinon, 239
cannabinol or cannabidiol and chemical compounds which are similar 240 Substitute Bill No. 6697
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to cannabinon, cannabinol or cannabidiol in chemical structure or which 241
are similar thereto in physiological effect, which are controlled 242
substances under this chapter, except cannabidiol derived from hemp, 243
as defined in section 22-61l, as amended by this act, with a total THC 244
concentration of not more than three-tenths per cent on a dry-weight 245
basis. "Marijuana" does not include: (A) The mature stalks of such plant, 246
fiber produced from such stalks, oil or cake made from the seeds of such 247
plant, any other compound, manufacture, salt, derivative, mixture or 248
preparation of such mature stalks, except the resin extracted from such 249
mature stalks or fiber, oil or cake; (B) the sterilized seed of such plant 250
which is incapable of germination; (C) hemp, as defined in section 22-251
61l, as amended by this act, (i) with a total THC concentration of not 252
more than three-tenths per cent on a dry-weight basis, and (ii) that is not 253
a high-THC hemp product; (D) any substance approved by the federal 254
Food and Drug Administration or successor agency as a drug and 255
reclassified in any schedule of controlled substances or unscheduled by 256
the federal Drug Enforcement Administration or successor agency 257
which is included in the same schedule designated by the federal Drug 258
Enforcement Administration or successor agency; or (E) synthetic 259
cannabinoids which are controlled substances that are designated by the 260
Commissioner of Consumer Protection, by whatever official, common, 261
usual, chemical or trade name designation, as controlled substances and 262
are classified in the appropriate schedule in accordance with 263
subsections (i) and (j) of section 21a-243. [;] 264
(30) "Narcotic substance" means any of the following, whether 265
produced directly or indirectly by extraction from a substance of 266
vegetable origin, or independently by means of chemical synthesis, or 267
by a combination of extraction and chemical synthesis: (A) Morphine-268
type: (i) Opium or opiate, or any salt, compound, derivative, or 269
preparation of opium or opiate which is similar to any such substance 270
in chemical structure or which is similar to any such substance in 271
physiological effect and which shows a like potential for abuse, which 272
is a controlled substance under this chapter unless modified; (ii) any 273
salt, compound, isomer, derivative, or preparation of any such 274 Substitute Bill No. 6697
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substance which is chemically equivalent or identical to any substance 275
referred to in clause (i) of this subdivision, but not including the 276
isoquinoline alkaloids of opium; (iii) opium poppy or poppy straw; or 277
(iv) (I) fentanyl or any salt, compound, derivative or preparation of 278
fentanyl which is similar to any such substance in chemical structure or 279
which is similar to any such substance in physiological effect and which 280
shows a like potential for abuse, which is a controlled substance under 281
this chapter unless modified, or (II) any salt, compound, isomer, 282
derivative or preparation of any such substance which is chemically 283
equivalent or identical to any substance referred to in subclause (I) of 284
this clause; or (B) cocaine-type; coca leaves or any salt, compound, 285
derivative or preparation of coca leaves, or any salt, compound, isomer, 286
derivatives or preparation of any such substance which is chemically 287
equivalent or identical to any such substance or which is similar to any 288
such substance in physiological effect and which shows a like potential 289
for abuse, but not including decocainized coca leaves or extractions of 290
coca leaves which do not contain cocaine or ecgonine. [;] 291
(31) "Nurse" means a person performing nursing as defined in section 292
20-87a. [;] 293
(32) "Official written order" means an order for controlled substances 294
written on a form provided by the bureau for that purpose under the 295
federal Controlled Substances Act. [;] 296
(33) "Opiate" means any substance having an addiction-forming or 297
addiction-sustaining liability similar to morphine or being capable of 298
conversion into a drug having addiction-forming or addiction-299
sustaining liability; it does not include, unless specifically designated as 300
controlled under this chapter, the dextrorotatory isomer of 3-methoxy-301
n-methylmorthinan and its salts (dextro-methorphan) but shall include 302
its racemic and levorotatory forms. [;] 303
(34) "Opium poppy" means the plant of the species papaver 304
somniferum l., except its seed. [;] 305 Substitute Bill No. 6697
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(35) Repealed by P.A. 99-102, S. 51. [;] 306
(36) "Other stimulant and depressant drugs" means controlled 307
substances other than amphetamine-type, barbiturate-type, cannabis-308
type, cocaine-type, hallucinogenics and morphine-type which are found 309
to exert a stimulant and depressant effect upon the higher functions of 310
the central nervous system and which are found to have a potential for 311
abuse and are controlled substances under this chapter. [;] 312
(37) "Person" includes any corporation, limited liability company, 313
association or partnership, or one or more individuals, government or 314
governmental subdivisions or agency, business trust, estate, trust, or 315
any other legal entity. Words importing the plural number may include 316
the singular; words importing the masculine gender may be applied to 317
females. [;] 318
(38) "Pharmacist" means a person authorized by law to practice 319
pharmacy pursuant to section 20-590, 20-591, 20-592 or 20-593. [;] 320
(39) "Pharmacy" means an establishment licensed pursuant to section 321
20-594. [;] 322
(40) "Physician" means a person authorized by law to practice 323
medicine in this state pursuant to section 20-9. [;] 324
(41) "Podiatrist" means a person authorized by law to practice 325
podiatry in this state. [;] 326
(42) "Poppy straw" means all parts, except the seeds, of the opium 327
poppy, after mowing. [;] 328
(43) "Practitioner" means: (A) A physician, dentist, veterinarian, 329
podiatrist, scientific investigator or other person licensed, registered or 330
otherwise permitted to distribute, dispense, conduct research with 331
respect to or to administer a controlled substance in the course of 332
professional practice or research in this state; (B) a pharmacy, hospital 333
or other institution licensed, registered or otherwise permitted to 334 Substitute Bill No. 6697
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distribute, dispense, conduct research with respect to or to administer a 335
controlled substance in the course of professional practice or research in 336
this state. [;] 337
(44) "Prescribe" means order or designate a remedy or any 338
preparation containing controlled substances. [;] 339
(45) "Prescription" means a written, oral or electronic order for any 340
controlled substance or preparation from a licensed practitioner to a 341
pharmacist for a patient. [;] 342
(46) "Production" includes the manufacture, planting, cultivation, 343
growing or harvesting of a controlled substance. [;] 344
(47) "Registrant" means any person licensed by this state and 345
assigned a current federal Bureau of Narcotics and Dangerous Drug 346
Registry Number as provided under the federal Controlled Substances 347
Act. [;] 348
(48) "Registry number" means the alphabetical or numerical 349
designation of identification assigned to a person by the federal Drug 350
Enforcement Administration, or other federal agency, which is 351
commonly known as the federal registry number. [;] 352
(49) "Restricted drugs or substances" are the following substances 353
without limitation and for all purposes: Datura stramonium; 354
hyoscyamus niger; atropa belladonna, or the alkaloids atropine; 355
hyoscyamine; belladonnine; apatropine; or any mixture of these 356
alkaloids such as daturine, or the synthetic homatropine or any salts of 357
these alkaloids, except that any drug or preparation containing any of 358
the above-mentioned substances which is permitted by federal food and 359
drug laws to be sold or dispensed without a prescription or written 360
order shall not be a controlled substance; amyl nitrite; the following 361
volatile substances to the extent that said chemical substances or 362
compounds containing said chemical substances are sold, prescribed, 363
dispensed, compounded, possessed or controlled or delivered or 364
administered to another person with the purpose that said chemical 365 Substitute Bill No. 6697
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substances shall be breathed, inhaled, sniffed or drunk to induce a 366
stimulant, depressant or hallucinogenic effect upon the higher functions 367
of the central nervous system: Acetone; benzene; butyl alcohol; butyl 368
nitrate and its salts, isomers, esters, ethers or their salts; cyclohexanone; 369
dichlorodifluoromethane; ether; ethyl acetate; formaldehyde; hexane; 370
isopropanol; methanol; methyl cellosolve acetate; methyl ethyl ketone; 371
methyl isobutyl ketone; nitrous oxide; pentochlorophenol; toluene; 372
toluol; trichloroethane; trichloroethylene; 1,4 butanediol. [;] 373
(50) "Sale" is any form of delivery which includes barter, exchange or 374
gift, or offer therefor, and each such transaction made by any person 375
whether as principal, proprietor, agent, servant or employee. [;] 376
(51) "State", when applied to a part of the United States, includes any 377
state, district, commonwealth, territory or insular possession thereof, 378
and any area subject to the legal authority of the United States of 379
America. [;] 380
(52) "State food, drug and cosmetic laws" means the Uniform Food, 381
Drug and Cosmetic Act, section 21a-91 et seq. [;] 382
(53) "Ultimate user" means a person who lawfully possesses a 383
controlled substance for [his] the person's own use or for the use of a 384
member of [his] such person's household or for administering to an 385
animal owned by [him] such person or by a member of [his] such 386
person's household. [;] 387
(54) "Veterinarian" means a person authorized by law to practice 388
veterinary medicine in this state. [;] 389
(55) "Wholesaler" means a distributor or a person who supplies 390
controlled substances that [he himself] the person personally has not 391
produced or prepared to registrants. [as defined in subdivision (47) of 392
this section;] 393
(56) "Reasonable times" means the time or times any office, care-394
giving institution, pharmacy, clinic, wholesaler, manufacturer, 395 Substitute Bill No. 6697
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laboratory, warehouse, establishment, store or place of business, vehicle 396
or other place is open for the normal affairs or business or the practice 397
activities usually conducted by the registrant. [;] 398
(57) "Unit dose drug distribution system" means a drug distribution 399
system used in a hospital or chronic and convalescent nursing home in 400
which drugs are supplied in individually labeled unit of use packages, 401
each patient's supply of drugs is exchanged between the hospital 402
pharmacy and the drug administration area or, in the case of a chronic 403
and convalescent nursing home between a pharmacy and the drug 404
administration area, at least once each twenty-four hours and each 405
patient's medication supply for this period is stored within a patient-406
specific container, all of which is conducted under the direction of a 407
pharmacist licensed in Connecticut and, in the case of a hospital, directly 408
involved in the provision and supervision of pharmaceutical services at 409
such hospital at least thirty-five hours each week. [;] 410
(58) "Cocaine in a free-base form" means any substance which 411
contains cocaine, or any compound, isomer, derivative or preparation 412
thereof, in a nonsalt form. 413
(59) "THC" means tetrahydrocannabinol, including, but not limited 414
to, delta-7, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol 415
and delta-10-tetrahydrocannabinol, and any material, compound, 416
mixture or preparation which contain their salts, isomers and salts of 417
isomers, whenever the existence of such salts, isomers and salts of 418
isomers is possible within the specific chemical designation, regardless 419
of the source, except: (A) Dronabinol substituted in sesame oil and 420
encapsulated in a soft gelatin capsule in a federal Food and Drug 421
Administration or successor agency approved product, or (B) any 422
tetrahydrocannabinol product that has been approved by the federal 423
Food and Drug Administration or successor agency to have a medical 424
use and reclassified in any schedule of controlled substances or 425
unscheduled by the federal Drug Enforcement Administration or 426
successor agency. 427 Substitute Bill No. 6697
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(60) "Total THC" means the sum of the percentage by weight of 428
tetrahydrocannabinolic acid, multiplied by eight hundred seventy-429
seven-thousandths, plus the percentage of weight of 430
tetrahydrocannabinol. 431
(61) "Manufactured cannabinoid" means cannabinoids naturally 432
occurring from a source other than marijuana that are similar in 433
chemical structure or physiological effect to cannabinoids derived from 434
marijuana, as defined in section 21a-243, but are derived by a chemical 435
or biological process. 436
(62) "Synthetic cannabinoid" means any material, compound, mixture 437
or preparation which contains any quantity of a substance having a 438
psychotropic response primarily by agonist activity at cannabinoid-439
specific receptors affecting the central nervous system that is produced 440
artificially and not derived from an organic source naturally containing 441
cannabinoids, unless listed in another schedule pursuant to section 21a-442
243. 443
Sec. 2. Section 21a-408 of the general statutes is repealed and the 444
following is substituted in lieu thereof (Effective October 1, 2023): 445
As used in this section, sections 21a-408a to 21a-408o, inclusive, and 446
sections 21a-408r to 21a-408v, inclusive, as amended by this act, unless 447
the context otherwise requires: 448
(1) "Advanced practice registered nurse" means an advanced practice 449
registered nurse licensed pursuant to chapter 378; 450
(2) "Cannabis establishment" has the same meaning as provided in 451
section 21a-420, as amended by this act; 452
(3) "Cannabis testing laboratory" means a person who (A) is located 453
in this state, (B) is licensed by the department to analyze marijuana, and 454
(C) meets the licensure requirements established in section 21a-408r, as 455
amended by this act, and the regulations adopted pursuant to 456
subsection (d) of section 21a-408r, as amended by this act; 457 Substitute Bill No. 6697
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(4) "Cannabis testing laboratory employee" means a person who is 458
(A) employed at a cannabis testing laboratory, and (B) registered 459
pursuant to section 21a-408r, as amended by this act, and the regulations 460
adopted pursuant to subsection (d) of section 21a-408r, as amended by 461
this act; 462
[(3)] (5) "Cultivation" includes planting, propagating, cultivating, 463
growing and harvesting; 464
[(4)] (6) "Debilitating medical condition" means (A) cancer, glaucoma, 465
positive status for human immunodeficiency virus or acquired immune 466
deficiency syndrome, Parkinson's disease, multiple sclerosis, damage to 467
the nervous tissue of the spinal cord with objective neurological 468
indication of intractable spasticity, epilepsy or uncontrolled intractable 469
seizure disorder, cachexia, wasting syndrome, Crohn's disease, 470
posttraumatic stress disorder, irreversible spinal cord injury with 471
objective neurological indication of intractable spasticity, cerebral palsy, 472
cystic fibrosis or terminal illness requiring end-of-life care, except, if the 473
qualifying patient is under eighteen years of age, "debilitating medical 474
condition" means terminal illness requiring end-of-life care, irreversible 475
spinal cord injury with objective neurological indication of intractable 476
spasticity, cerebral palsy, cystic fibrosis, severe epilepsy or uncontrolled 477
intractable seizure disorder, or (B) any medical condition, medical 478
treatment or disease approved for qualifying patients by the 479
Department of Consumer Protection and posted online pursuant to 480
section 21a-408l; 481
[(5)] (7) "Dispensary facility" means a place of business where 482
marijuana may be dispensed, sold or distributed in accordance with this 483
chapter and any regulations adopted thereunder to qualifying patients 484
and caregivers and for which the department has issued a dispensary 485
facility license pursuant to this chapter; 486
[(6)] (8) "Employee" has the same meaning as provided in section 21a-487
420, as amended by this act; 488 Substitute Bill No. 6697
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[(7)] (9) "Institutional animal care and use committee" means a 489
committee that oversees an organization's animal program, facilities 490
and procedures to ensure compliance with federal policies, guidelines 491
and principles related to the care and use of animals in research; 492
[(8)] (10) "Institutional review board" means a specifically constituted 493
review body established or designated by an organization to protect the 494
rights and welfare of persons recruited to participate in biomedical, 495
behavioral or social science research; 496
[(9) "Laboratory" means a laboratory located in the state that is 497
licensed by the department to provide analysis of marijuana and that 498
meets the licensure requirements set forth in section 21a-246; 499
(10) "Laboratory employee" means a person who is registered as a 500
laboratory employee pursuant to section 21a-408r;] 501
(11) "Licensed dispensary" or "dispensary" means an individual who 502
is a licensed pharmacist employed by a dispensary facility or hybrid 503
retailer; 504
(12) "Producer" means a person who is licensed as a producer 505
pursuant to section 21a-408i; 506
(13) "Marijuana" means marijuana, as defined in section 21a-240, as 507
amended by this act; 508
(14) "Nurse" means a person who is licensed as a nurse under chapter 509
378; 510
(15) "Palliative use" means the acquisition, distribution, transfer, 511
possession, use or transportation of marijuana or paraphernalia relating 512
to marijuana, including the transfer of marijuana and paraphernalia 513
relating to marijuana from the patient's caregiver to the qualifying 514
patient, to alleviate a qualifying patient's symptoms of a debilitating 515
medical condition or the effects of such symptoms, but does not include 516
any such use of marijuana by any person other than the qualifying 517 Substitute Bill No. 6697
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patient; 518
(16) "Paraphernalia" means drug paraphernalia, as defined in section 519
21a-240, as amended by this act; 520
(17) "Physician" means a person who is licensed as a physician under 521
chapter 370; 522
(18) "Physician assistant" means a person who is licensed as a 523
physician assistant under chapter 370; 524
(19) "Caregiver" means a person, other than the qualifying patient 525
and the qualifying patient's physician, physician assistant or advanced 526
practice registered nurse, who is eighteen years of age or older and has 527
agreed to undertake responsibility for managing the well-being of the 528
qualifying patient with respect to the palliative use of marijuana, 529
provided (A) in the case of a qualifying patient (i) under eighteen years 530
of age and not an emancipated minor, or (ii) otherwise lacking legal 531
capacity, such person shall be a parent, guardian or person having legal 532
custody of such qualifying patient, and (B) in the case of a qualifying 533
patient eighteen years of age or older or an emancipated minor, the need 534
for such person shall be evaluated by the qualifying patient's physician, 535
physician assistant or advanced practice registered nurse and such need 536
shall be documented in the written certification; 537
(20) "Qualifying patient" means a person who: (A) Is a resident of 538
Connecticut, (B) has been diagnosed by a physician, physician assistant 539
or advanced practice registered nurse as having a debilitating medical 540
condition, and (C) (i) is eighteen years of age or older, (ii) is an 541
emancipated minor, or (iii) has written consent from a custodial parent, 542
guardian or other person having legal custody of such person that 543
indicates that such person has permission from such parent, guardian 544
or other person for the palliative use of marijuana for a debilitating 545
medical condition and that such parent, guardian or other person will 546
(I) serve as a caregiver for the qualifying patient, and (II) control the 547
acquisition and possession of marijuana and any related paraphernalia 548 Substitute Bill No. 6697
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for palliative use on behalf of such person. "Qualifying patient" does not 549
include an inmate confined in a correctional institution or facility under 550
the supervision of the Department of Correction; 551
(21) "Research program" means a study approved by the Department 552
of Consumer Protection in accordance with this chapter and undertaken 553
to increase information or knowledge regarding the growth or 554
processing of marijuana, or the medical attributes, dosage forms, 555
administration or use of marijuana to treat or alleviate symptoms of any 556
medical conditions or the effects of such symptoms; 557
(22) "Research program employee" means a person who (A) is 558
registered as a research program employee under section 21a-408t, or 559
(B) holds a temporary certificate of registration issued pursuant to 560
section 21a-408t; 561
(23) "Research program subject" means a person registered as a 562
research program subject pursuant to section 21a-408v; 563
(24) "Usable marijuana" means the dried leaves and flowers of the 564
marijuana plant, and any mixtures or preparations of such leaves and 565
flowers, that are appropriate for the palliative use of marijuana, but does 566
not include the seeds, stalks and roots of the marijuana plant; and 567
(25) "Written certification" means a written certification issued by a 568
physician, physician assistant or advanced practice registered nurse 569
pursuant to section 21a-408c. 570
Sec. 3. Subsection (a) of section 21a-408b of the general statutes is 571
repealed and the following is substituted in lieu thereof (Effective from 572
passage): 573
(a) No person may serve as a caregiver for a qualifying patient [(1)] 574
unless such qualifying patient has a valid registration certificate from 575
the Department of Consumer Protection pursuant to subsection (a) of 576
section 21a-408d. [, and (2) if such person has been convicted of a 577
violation of any law pertaining to the illegal manufacture, sale or 578 Substitute Bill No. 6697
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distribution of a controlled substance.] A caregiver may not be 579
responsible for the care of more than one qualifying patient at any time, 580
except that a caregiver may be responsible for the care of more than one 581
qualifying patient if the caregiver and each qualifying patient have a 582
parental, grandparental, guardianship, conservatorship, spousal or 583
sibling relationship. 584
Sec. 4. Subsection (a) of section 21a-408j of the general statutes is 585
repealed and the following is substituted in lieu thereof (Effective October 586
1, 2023): 587
(a) No dispensary facility or employee of the dispensary facility may: 588
(1) Acquire marijuana from a person other than a producer from a 589
cultivator, micro-cultivator, product manufacturer, food and beverage 590
manufacturer, product packager, or transporter, as such terms are 591
defined in section 21a-420, as amended by this act; (2) transfer or 592
transport marijuana to a person who is not (A) a qualifying patient 593
registered under section 21a-408d; (B) a caregiver of such qualifying 594
patient; (C) a hospice or other inpatient care facility licensed by the 595
Department of Public Health pursuant to chapter 368v that has a 596
protocol for the handling and distribution of marijuana that has been 597
approved by the Department of Consumer Protection; (D) a cannabis 598
testing laboratory; (E) an organization engaged in a research program; 599
(F) a delivery service, as defined in section 21a-420, as amended by this 600
act; or (G) a transporter, as defined in section 21a-420, as amended by 601
this act; or (3) obtain or transport marijuana outside of this state in 602
violation of state or federal law. 603
Sec. 5. Section 21a-408k of the general statutes is repealed and the 604
following is substituted in lieu thereof (Effective October 1, 2023): 605
(a) No producer or employee of the producer may: (1) Sell, deliver, 606
transport or distribute marijuana to a person who is not (A) a cannabis 607
establishment, (B) a cannabis testing laboratory, or (C) an organization 608
engaged in a research program, or (2) obtain or transport marijuana 609
outside of this state in violation of state or federal law. 610 Substitute Bill No. 6697
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(b) No licensed producer or employee of the producer acting within 611
the scope of [his or her] such employee's employment shall be subject to 612
arrest or prosecution or penalized in any manner, including, but not 613
limited to, being subject to any civil penalty, or denied any right or 614
privilege, including, but not limited to, being subject to any disciplinary 615
action by a professional licensing board, for cultivating marijuana or 616
selling, delivering, transferring, transporting or distributing marijuana 617
to a cannabis establishment, cannabis testing laboratory or research 618
program. 619
Sec. 6. Subsections (a) to (d), inclusive, of section 21a-408r of the 620
general statutes are repealed and the following is substituted in lieu 621
thereof (Effective October 1, 2023): 622
(a) No person may act as a cannabis testing laboratory or represent 623
that such person is a cannabis testing laboratory unless such person has 624
(1) obtained a license from the Commissioner of Consumer Protection 625
pursuant to this section, or (2) (A) been granted approval by the 626
Commissioner of Consumer Protection as of October 1, 2021, and (B) 627
submitted an application to the Commissioner of Consumer Protection 628
for licensure pursuant to this section in a form and manner prescribed 629
by the commissioner. Such person may continue to act as a cannabis 630
testing laboratory until such application for licensure under this section 631
is approved or denied by the Commissioner of Consumer Protection. 632
The fee to receive a provisional license as a cannabis testing laboratory 633
shall be five hundred dollars, and the fee to receive a final license, or 634
renewal of a final license, as a cannabis testing laboratory shall be one 635
thousand dollars. 636
(b) Except as provided in subsection (c) of this section, no person may 637
act as a cannabis testing laboratory employee or represent that such 638
person is a cannabis testing laboratory employee unless such person has 639
obtained a registration from the Commissioner of Consumer Protection 640
pursuant to this section. 641
(c) Prior to the effective date of regulations adopted under this 642 Substitute Bill No. 6697
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section, the Commissioner of Consumer Protection may issue a 643
temporary certificate of registration to a cannabis testing laboratory 644
employee. The commissioner shall prescribe the standards, procedures 645
and fees for obtaining a temporary certificate of registration as a 646
cannabis testing laboratory employee. 647
(d) The Commissioner of Consumer Protection shall adopt 648
regulations, in accordance with chapter 54, to (1) provide for the 649
licensure or registration of cannabis testing laboratories and cannabis 650
testing laboratory employees, (2) establish standards and procedures for 651
the revocation, suspension, summary suspension and nonrenewal of 652
cannabis testing laboratory licenses and cannabis testing laboratory 653
employee registrations, provided such standards and procedures are 654
consistent with the provisions of subsection (c) of section 4-182, (3) 655
establish a [license or] registration renewal fee for each [licensed 656
laboratory and] registered cannabis testing laboratory employee, 657
provided the aggregate amount of such [license, registration and 658
renewal] fees shall not be less than the amount necessary to cover the 659
direct and indirect cost of [licensing,] registering and regulating 660
[laboratories and] cannabis testing laboratory employees in accordance 661
with the provisions of this chapter, (4) establish procedures by which 662
cannabis testing laboratories shall accept marijuana samples from 663
caregivers, qualifying patients and consumers for testing, and [(4)] (5) 664
establish other licensing, registration, renewal and operational 665
standards deemed necessary by the commissioner. For the purposes of 666
this subsection, "consumer" has the same meaning as provided in 667
section 21a-420, as amended by this act. 668
Sec. 7. Section 21a-408s of the general statutes is repealed and the 669
following is substituted in lieu thereof (Effective October 1, 2023): 670
(a) No cannabis testing laboratory or cannabis testing laboratory 671
employee may (1) acquire marijuana from a person other than (A) a 672
cannabis establishment or an organization engaged in a research 673
program, or (B) a caregiver, a qualifying patient or a consumer, as 674
defined in section 21a-420, as amended by this act, providing a 675 Substitute Bill No. 6697
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marijuana sample under regulations adopted by the Commissioner of 676
Consumer Protection pursuant to subsection (d) of section 21a-408r, as 677
amended by this act, (2) deliver, transport or distribute marijuana to (A) 678
a person who is not a cannabis establishment from which the marijuana 679
was originally acquired by the cannabis testing laboratory or cannabis 680
testing laboratory employee, or (B) an organization not engaged in a 681
research program, or (3) obtain or transport marijuana outside of this 682
state in violation of state or federal law. 683
(b) (1) No cannabis testing laboratory employee acting within the 684
scope of [his or her] such cannabis testing employee's employment shall 685
be subject to arrest or prosecution, penalized in any manner, including, 686
but not limited to, being subject to any civil penalty, or denied any right 687
or privilege, including, but not limited to, being subject to any 688
disciplinary action by a professional licensing board, for acquiring, 689
possessing, delivering, transporting or distributing marijuana to a 690
cannabis establishment or an organization engaged in an approved 691
research program under the provisions of this chapter. 692
(2) No cannabis testing laboratory shall be subject to prosecution, 693
penalized in any manner, including, but not limited to, being subject to 694
any civil penalty or denied any right or privilege, for acquiring, 695
possessing, delivering, transporting or distributing marijuana to a 696
cannabis establishment or an organization engaged in an approved 697
research program under the provisions of this chapter. 698
(c) A cannabis testing laboratory shall be independent from all other 699
persons involved in the marijuana industry in Connecticut, which shall 700
mean that no person with a direct or indirect financial, managerial or 701
controlling interest in the cannabis testing laboratory shall have a direct 702
or indirect financial, managerial or controlling interest in a cannabis 703
establishment or any other entity that may benefit from the laboratory 704
test results for a cannabis or marijuana sample or product. 705
(d) A cannabis testing laboratory shall maintain all minimum security 706
and safeguard requirements for the storage of handling of controlled 707 Substitute Bill No. 6697
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substances as a laboratory that is licensed to provide analysis of 708
controlled substances pursuant to section 21a-246 and any regulations 709
adopted thereunder. 710
Sec. 8. Section 21a-408u of the general statutes is repealed and the 711
following is substituted in lieu thereof (Effective October 1, 2023): 712
(a) No research program or research program employee may (1) 713
acquire marijuana from a person other than a cannabis establishment or 714
cannabis testing laboratory, (2) deliver, transport or distribute 715
marijuana to a person who is not (A) a cannabis establishment, (B) a 716
cannabis testing laboratory, or (C) a research program subject, (3) 717
distribute or administer marijuana to an animal unless such animal is an 718
animal research subject, or (4) obtain or transport marijuana outside of 719
this state in violation of state or federal law. 720
(b) No research program employee acting within the scope of [his or 721
her] such research program employee's employment shall be subject to 722
arrest or prosecution, penalized in any manner, including, but not 723
limited to, being subject to any civil penalty, or denied any right or 724
privilege, including, but not limited to, being subject to any disciplinary 725
action by a professional licensing board, for acquiring, possessing, 726
delivering, transporting or distributing marijuana to a cannabis 727
establishment or cannabis testing laboratory, or a research program 728
subject or distributing or administering marijuana to an animal research 729
subject under the provisions of this chapter. 730
Sec. 9. Section 21a-420 of the general statutes is repealed and the 731
following is substituted in lieu thereof (Effective October 1, 2023): 732
As used in RERACA, unless the context otherwise requires: 733
(1) "Responsible and Equitable Regulation of Adult-Use Cannabis 734
Act" or "RERACA" means this section, sections 2-56j, 7-294kk, 7-294ll, 735
12-330ll to 12-330nn, inclusive, 14-227p, 21a-278b, 21a-278c, 21a-279c, 736
21a-279d, 21a-420a to [21a-420i] 21a-420j, inclusive, as amended by this 737
act, 21a-420l to 21a-421r, inclusive, 21a-421aa to 21a-421ff, inclusive, 21a-738 Substitute Bill No. 6697
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421aaa to [21a-421ggg] 21a-421hhh, inclusive, 21a-422 to 21a-422c, 739
inclusive, 21a-422e to 21a-422g, inclusive, 21a-422j to 21a-422s, inclusive, 740
22-61n, 23-4b, 47a-9a, as amended by this act, 53-247a, 53a-213a, 53a-741
213b, 54-33p, 54-56q, 54-56r, 54-125k and 54-142u, sections 23, 60, 63 to 742
65, inclusive, 124, 144 and 165 of public act 21-1 of the June special 743
session and the amendments in public act 21-1 of the June special session 744
to sections 7-148, 10-221, as amended by this act, 12-30a, 12-35b, 12-412, 745
12-650, 12-704d, 14-44k, 14-111e, 14-227a to 14-227c, inclusive, 14-227j, 746
15-140q, 15-140r, 18-100h, 19a-342, 19a-342a, 21a-267, as amended by 747
this act, 21a-277, as amended by this act, 21a-279, 21a-279a, 21a-408 to 748
21a-408f, inclusive, as amended by this act, 21a-408h to 21a-408p, 749
inclusive, 21a-408r to 21a-408v, inclusive, as amended by this act, 30-750
89a, 31-40q, 32-39, 46b-120, 51-164n, 53-394, 53a-39c, 54-1m, 54-33g, 54-751
41b, 54-56e, 54-56g, 54-56i, 54-56k, 54-56n, 54-63d, 54-66a [,] and 54-142e; 752
[, 21a-421hhh and 21a-420j;] 753
(2) "Backer" means any individual with a direct or indirect financial 754
interest in a cannabis establishment. "Backer" does not include an 755
individual with an investment interest in a cannabis establishment if (A) 756
the interest held by such individual and such individual's spouse, 757
parent or child, in the aggregate, does not exceed five per cent of the 758
total ownership or interest rights in such cannabis establishment, and 759
(B) such individual does not participate directly or indirectly in the 760
control, management or operation of the cannabis establishment; 761
(3) "Cannabis" means marijuana, as defined in section 21a-240, as 762
amended by this act; 763
(4) "Cannabis establishment" means a producer, dispensary facility, 764
cultivator, micro-cultivator, retailer, hybrid retailer, food and beverage 765
manufacturer, product manufacturer, product packager, delivery 766
service or transporter; 767
(5) "Cannabis flower" means the flower, including abnormal and 768
immature flowers, of a plant of the genus cannabis that has been 769
harvested, dried and cured, and prior to any processing whereby the 770 Substitute Bill No. 6697
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flower material is transformed into a cannabis product. "Cannabis 771
flower" does not include (A) the leaves or stem of such plant, or (B) 772
hemp, as defined in section 22-61l, as amended by this act; 773
(6) "Cannabis testing laboratory" means a laboratory that (A) is 774
located in this state, (B) is licensed by the department to analyze 775
cannabis, and (C) meets the licensure requirements established in 776
section 21a-408r, as amended by this act, and the regulations adopted 777
pursuant to subsection (d) of section 21a-408r, as amended by this act; 778
(7) "Cannabis testing laboratory employee" means an individual who 779
is (A) employed at a cannabis testing laboratory, and (B) registered 780
pursuant to section 21a-408r, as amended by this act, and the regulations 781
adopted pursuant to subsection (d) of section 21a-408r, as amended by 782
this act; 783
[(6)] (8) "Cannabis trim" means all parts, including abnormal or 784
immature parts, of a plant of the genus cannabis, other than cannabis 785
flower, that have been harvested, dried and cured, and prior to any 786
processing whereby the plant material is transformed into a cannabis 787
product. "Cannabis trim" does not include hemp, as defined in section 788
22-61l, as amended by this act; 789
[(7)] (9) "Cannabis product" means cannabis that is in the form of a 790
cannabis concentrate or a product that contains cannabis, which may be 791
combined with other ingredients, and is intended for use or 792
consumption. "Cannabis product" does not include the raw cannabis 793
plant; 794
[(8)] (10) "Cannabis concentrate" means any form of concentration, 795
including, but not limited to, extracts, oils, tinctures, shatter and waxes, 796
that is extracted from cannabis; 797
[(9) "Cannabis-type substances" have the same meaning as 798
"marijuana", as defined in section 21a-240;] 799
[(10)] (11) "Commissioner" means the Commissioner of Consumer 800 Substitute Bill No. 6697
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Protection and includes any designee of the commissioner; 801
[(11)] (12) "Consumer" means an individual who is twenty-one years 802
of age or older; 803
[(12)] (13) "Cultivation" has the same meaning as provided in section 804
21a-408, as amended by this act; 805
[(13)] (14) "Cultivator" means a person that is licensed to engage in 806
the cultivation, growing and propagation of the cannabis plant at an 807
establishment with not less than fifteen thousand square feet of grow 808
space; 809
[(14)] (15) "Delivery service" means a person that is licensed to deliver 810
cannabis from (A) micro-cultivators, retailers and hybrid retailers to 811
consumers and research program subjects, and (B) hybrid retailers and 812
dispensary facilities to qualifying patients, caregivers and research 813
program subjects, as defined in section 21a-408, as amended by this act, 814
or to hospices or other inpatient care facilities licensed by the 815
Department of Public Health pursuant to chapter 368v that have a 816
protocol for the handling and distribution of cannabis that has been 817
approved by the department, or a combination thereof; 818
[(15)] (16) "Department" means the Department of Consumer 819
Protection; 820
[(16)] (17) "Dispensary facility" means a place of business where 821
cannabis may be dispensed, sold or distributed in accordance with 822
chapter 420f and any regulations adopted thereunder, to qualifying 823
patients and caregivers, and to which the department has issued a 824
dispensary facility license under chapter 420f and any regulations 825
adopted thereunder; 826
[(17)] (18) "Disproportionately impacted area" means a United States 827
census tract in the state that has, as determined by the Social Equity 828
Council under section 21a-420d, as amended by this act, (A) a historical 829
conviction rate for drug-related offenses greater than one-tenth, or (B) 830 Substitute Bill No. 6697
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an unemployment rate greater than ten per cent; 831
[(18)] (19) "Disqualifying conviction" means a conviction within the 832
last ten years which has not been the subject of an absolute pardon 833
under the provisions of section 54-130a, or an equivalent pardon process 834
under the laws of another state or the federal government, for an offense 835
under (A) section 53a-276, 53a-277 or 53a-278; (B) section 53a-291, 53a-836
292 or 53a-293; (C) section 53a-215; (D) section 53a-138 or 53a-139; (E) 837
section 53a-142a; (F) sections 53a-147 to 53a-162, inclusive; (G) sections 838
53a-125c to 53a-125f, inclusive; (H) section 53a-129b, 53a-129c or 53a-839
129d; (I) subsection (b) of section 12-737; (J) section 53a-48 or 53a-49, if 840
the offense which is attempted or is an object of the conspiracy is an 841
offense under the statutes listed in subparagraphs (A) to (I), inclusive, 842
of this subdivision; or (K) the law of any other state or of the federal 843
government, if the offense on which such conviction is based is defined 844
by elements that substantially include the elements of an offense under 845
the statutes listed in subparagraphs (A) to (J), inclusive, of this 846
subdivision; 847
[(19)] (20) "Dispensary technician" means an individual who has had 848
an active pharmacy technician or dispensary technician registration in 849
this state within the past five years, is affiliated with a dispensary facility 850
or hybrid retailer and is registered with the department in accordance 851
with chapter 420f and any regulations adopted thereunder; 852
[(20)] (21) "Employee" means any person who is not a backer, but is a 853
member of the board of a company with an ownership interest in a 854
cannabis establishment, and any person employed by a cannabis 855
establishment or who otherwise has access to such establishment or the 856
vehicles used to transport cannabis, including, but not limited to, an 857
independent contractor who has routine access to the premises of such 858
establishment or to the cannabis handled by such establishment; 859
[(21)] (22) "Equity" and "equitable" means efforts, regulations, 860
policies, programs, standards, processes and any other functions of 861
government or principles of law and governance intended to: (A) 862 Substitute Bill No. 6697
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Identify and remedy past and present patterns of discrimination and 863
disparities of race, ethnicity, gender and sexual orientation; (B) ensure 864
that such patterns of discrimination and disparities, whether intentional 865
or unintentional, are neither reinforced nor perpetuated; and (C) 866
prevent the emergence and persistence of foreseeable future patterns of 867
discrimination or disparities of race, ethnicity, gender and sexual 868
orientation; 869
[(22)] (23) "Equity joint venture" means a business entity that is at 870
least fifty per cent owned and controlled by an individual or 871
individuals, or such applicant is an individual, who meets the criteria of 872
subparagraphs (A) and (B) of subdivision [(48)] (47) of this section; 873
[(23)] (24) "Extract" means the preparation, compounding, conversion 874
or processing of cannabis, either directly or indirectly by extraction or 875
independently by means of chemical synthesis, or by a combination of 876
extraction and chemical synthesis to produce a cannabis concentrate; 877
[(24)] (25) "Financial interest" means any right to, ownership, an 878
investment or a compensation arrangement with another person, 879
directly, through business, investment or family. "Financial interest" 880
does not include ownership of investment securities in a publicly-held 881
corporation that is traded on a national exchange or over-the-counter 882
market, provided the investment securities held by such person and 883
such person's spouse, parent or child, in the aggregate, do not exceed 884
one-half of one per cent of the total number of shares issued by the 885
corporation; 886
[(25)] (26) "Food and beverage manufacturer" means a person that is 887
licensed to own and operate a place of business that acquires cannabis 888
and creates food and beverages; 889
[(26)] (27) "Grow space" means the portion of a premises owned and 890
controlled by a producer, cultivator or micro-cultivator that is utilized 891
for the cultivation, growing or propagation of the cannabis plant, and 892
contains cannabis plants in an active stage of growth, measured starting 893 Substitute Bill No. 6697
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from the outermost wall of the room containing cannabis plants and 894
continuing around the outside of the room. "Grow space" does not 895
include space used to cure, process, store harvested cannabis or 896
manufacture cannabis once the cannabis has been harvested; 897
[(27)] (28) "Historical conviction count for drug-related offenses" 898
means, for a given area, the number of convictions of residents of such 899
area (A) for violations of sections 21a-267, as amended by this act, 21a-900
277, as amended by this act, 21a-278, as amended by this act, 21a-279 901
and 21a-279a, and (B) who were arrested for such violations between 902
January 1, 1982, and December 31, 2020, inclusive, where such arrest 903
was recorded in databases maintained by the Department of Emergency 904
Services and Public Protection; 905
[(28)] (29) "Historical conviction rate for drug-related offenses" 906
means, for a given area, the historical conviction count for drug-related 907
offenses divided by the population of such area, as determined by the 908
five-year estimates of the most recent American Community Survey 909
conducted by the United States Census Bureau; 910
[(29)] (30) "Hybrid retailer" means a person that is licensed to 911
purchase cannabis and sell cannabis and medical marijuana products; 912
[(30)] (31) "Key employee" means an employee with the following 913
management position or an equivalent title within a cannabis 914
establishment: (A) President or chief officer, who is the top ranking 915
individual at the cannabis establishment and is responsible for all staff 916
and overall direction of business operations; (B) financial manager, who 917
is the individual who reports to the president or chief officer and who is 918
[generally] responsible for oversight of the financial operations of the 919
cannabis establishment, [including, but not limited to, revenue 920
generation,] which financial operations include one or more of the 921
following: (i) Revenue and expense management; (ii) distributions; [,] 922
(iii) tax compliance; [and] (iv) budget development; and (v) budget 923
management and implementation; or (C) compliance manager, who is 924
the individual who reports to the president or chief officer and who is 925 Substitute Bill No. 6697
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generally responsible for ensuring the cannabis establishment complies 926
with all laws, regulations and requirements related to the operation of 927
the cannabis establishment; 928
[(31) "Laboratory" means a laboratory located in the state that is 929
licensed by the department to provide analysis of cannabis that meets 930
the licensure requirements set forth in section 21a-246; 931
(32) "Laboratory employee" means an individual who is registered as 932
a laboratory employee pursuant to section 21a-408r;] 933
[(33)] (32) "Labor peace agreement" means an agreement between a 934
cannabis establishment and a bona fide labor organization under section 935
21a-421d pursuant to which the owners and management of the 936
cannabis establishment agree not to lock out employees and that 937
prohibits the bona fide labor organization from engaging in picketing, 938
work stoppages or boycotts against the cannabis establishment; 939
[(34)] (33) "Manufacture" means to add or incorporate cannabis into 940
other products or ingredients or create a cannabis product; 941
[(35)] (34) "Medical marijuana product" means cannabis that may be 942
exclusively sold to qualifying patients and caregivers by dispensary 943
facilities and hybrid retailers and which are designated by the 944
commissioner as reserved for sale to qualifying patients and caregivers 945
and published on the department's Internet web site; 946
[(36)] (35) "Micro-cultivator" means a person licensed to engage in the 947
cultivation, growing and propagation of the cannabis plant at an 948
establishment containing not less than two thousand square feet and not 949
more than ten thousand square feet of grow space, prior to any 950
expansion authorized by the commissioner; 951
[(37)] (36) "Municipality" means any town, city or borough, 952
consolidated town and city or consolidated town and borough; 953
[(38)] (37) "Paraphernalia" means drug paraphernalia, as defined in 954 Substitute Bill No. 6697
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section 21a-240, as amended by this act; 955
[(39)] (38) "Person" means an individual, partnership, limited liability 956
company, society, association, joint stock company, corporation, estate, 957
receiver, trustee, assignee, referee or any other legal entity and any other 958
person acting in a fiduciary or representative capacity, whether 959
appointed by a court or otherwise, and any combination thereof; 960
[(40)] (39) "Producer" means a person that is licensed as a producer 961
pursuant to section 21a-408i and any regulations adopted thereunder; 962
[(41)] (40) "Product manufacturer" means a person that is licensed to 963
obtain cannabis, extract and manufacture products exclusive to such 964
license type; 965
[(42)] (41) "Product packager" means a person that is licensed to 966
package and label cannabis; 967
[(43)] (42) "Qualifying patient" has the same meaning as provided in 968
section 21a-408, as amended by this act; 969
[(44)] (43) "Research program" has the same meaning as provided in 970
section 21a-408, as amended by this act; 971
[(45)] (44) "Retailer" means a person, excluding a dispensary facility 972
and hybrid retailer, that is licensed to purchase cannabis from 973
producers, cultivators, micro-cultivators, product manufacturers and 974
food and beverage manufacturers and to sell cannabis to consumers and 975
research programs; 976
[(46)] (45) "Sale" or "sell" has the same meaning as provided in section 977
21a-240, as amended by this act; 978
[(47)] (46) "Social Equity Council" or "council" means the council 979
established under section 21a-420d, as amended by this act; 980
[(48)] (47) "Social equity applicant" means a person that has applied 981
for a license for a cannabis establishment, where such applicant is at 982 Substitute Bill No. 6697
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least sixty-five per cent owned and controlled by an individual or 983
individuals, or such applicant is an individual, who: 984
(A) Had an average household income of less than three hundred per 985
cent of the state median household income over the three tax years 986
immediately preceding such individual's application; and 987
(B) (i) Was a resident of a disproportionately impacted area for not 988
less than five of the ten years immediately preceding the date of such 989
application; or 990
(ii) Was a resident of a disproportionately impacted area for not less 991
than nine years prior to attaining the age of eighteen; 992
[(49)] (48) "THC" has the same meaning as provided in section 21a-993
240, as amended by this act; 994
[(50)] (49) "Third-party lottery operator" means a person, or a 995
constituent unit of the state system of higher education, that conducts 996
lotteries pursuant to section 21a-420g, as amended by this act, identifies 997
the cannabis establishment license applications for consideration 998
without performing any review of the applications that are identified 999
for consideration, and that has no direct or indirect oversight of or 1000
investment in a cannabis establishment or a cannabis establishment 1001
applicant; 1002
[(51)] (50) "Transfer" means to transfer, change, give or otherwise 1003
dispose of control over or interest in; 1004
[(52)] (51) "Transport" means to physically move from one place to 1005
another; 1006
[(53)] (52) "Transporter" means a person licensed to transport 1007
cannabis between cannabis establishments, cannabis testing 1008
laboratories and research programs; and 1009
[(54)] (53) "Unemployment rate" means, in a given area, the number 1010 Substitute Bill No. 6697
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of people sixteen years of age or older who are in the civilian labor force 1011
and unemployed divided by the number of people sixteen years of age 1012
or older who are in the civilian labor force. 1013
Sec. 10. Section 21a-420e of the general statutes is repealed and the 1014
following is substituted in lieu thereof (Effective from passage): 1015
(a) Not later than thirty days after the date that the Social Equity 1016
Council identifies the criteria and the necessary supporting 1017
documentation for social equity applicants and posts such information 1018
on its Internet web site, the department may accept applications for the 1019
following cannabis establishment license types: (1) Retailer, (2) hybrid 1020
retailer, (3) cultivator, (4) micro-cultivator, (5) product manufacturer, (6) 1021
food and beverage manufacturer, (7) product packager, (8) delivery 1022
service, [and] (9) transporter, (10) dispensary facility, and (11) producer. 1023
Each application for licensure shall require the applicant to indicate 1024
whether the applicant wants to be considered for treatment as a social 1025
equity applicant. 1026
(b) On and after July 1, 2021, the department may accept applications 1027
from any dispensary facility to convert its license to a hybrid-retailer 1028
license and any producer for expanded authorization to engage in the 1029
adult use cannabis market under its license issued pursuant to section 1030
21a-408i. 1031
(c) Except as provided in subsection [(e)] (d) of this section, the 1032
following fees shall be paid by each applicant: 1033
(1) For a retailer license, the fee to enter the lottery shall be five 1034
hundred dollars, the fee to receive a provisional license shall be five 1035
thousand dollars and the fee to receive a final license or a renewal of a 1036
final license shall be twenty-five thousand dollars. 1037
(2) For a hybrid retailer license, the fee to enter the lottery shall be five 1038
hundred dollars, the fee to receive a provisional license shall be five 1039
thousand dollars and the fee to receive a final license or a renewal of a 1040
final license shall be twenty-five thousand dollars. 1041 Substitute Bill No. 6697
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(3) For a cultivator license, the fee to enter the lottery shall be one 1042
thousand dollars, the fee to receive a provisional license shall be twenty-1043
five thousand dollars and the fee to receive a final license or a renewal 1044
of a final license shall be seventy-five thousand dollars. 1045
(4) For a micro-cultivator license, the fee to enter the lottery shall be 1046
two hundred fifty dollars, the fee to receive a provisional license shall 1047
be five hundred dollars and the fee to receive a final license or a renewal 1048
of a final license shall be one thousand dollars. 1049
(5) For a product manufacturer license, the fee to enter the lottery 1050
shall be seven hundred fifty dollars, the fee to receive a provisional 1051
license shall be five thousand dollars and the fee to receive a final license 1052
or a renewal of a final license shall be twenty-five thousand dollars. 1053
(6) For a food and beverage manufacturer license, the fee to enter the 1054
lottery shall be two hundred fifty dollars, the fee to receive a provisional 1055
license shall be one thousand dollars and the fee to receive a final license 1056
or a renewal of a final license shall be five thousand dollars. 1057
(7) For a product packager license, the fee to enter the lottery shall be 1058
five hundred dollars, the fee to receive a provisional license shall be five 1059
thousand dollars and the fee to receive a final license or a renewal of a 1060
final license shall be twenty-five thousand dollars. 1061
(8) For a delivery service or transporter license, the fee to enter the 1062
lottery shall be two hundred fifty dollars, the fee to receive a provisional 1063
license shall be one thousand dollars and the fee to receive a final license 1064
or a renewal of a final license shall be five thousand dollars. 1065
(9) For an initial or renewal of a backer license, the fee shall be one 1066
hundred dollars. 1067
(10) For an initial or renewal of a key employee license, the fee shall 1068
be one hundred dollars. 1069
(11) For an initial or renewal of a registration of an employee who is 1070 Substitute Bill No. 6697
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not a key employee, the fee shall be fifty dollars. 1071
(12) The license conversion fee for a dispensary facility to become a 1072
hybrid retailer shall be one million dollars, except as provided in section 1073
21a-420u, as amended by this act. 1074
(13) The license conversion fee for a producer to engage in the adult 1075
use cannabis market shall be three million dollars, except as provided in 1076
section 21a-420l. 1077
(d) For any dispensary facility that has become a hybrid retailer, the 1078
renewal fee shall be the same as the fee for a hybrid retailer set forth in 1079
subdivision (2) of subsection (c) of this section. For any producer, the 1080
renewal fee shall be the same as set forth in section 21a-408i. A social 1081
equity applicant shall pay fifty per cent of the amount of any of the fees 1082
specified in subsection (c) of this section for the first three renewal cycles 1083
of the applicable cannabis establishment license applied for, and the full 1084
amount thereafter, provided in the case of the fees set forth in 1085
subdivisions (12) and (13) of subsection (c) of this section, a social equity 1086
applicant shall pay the full amount of the fee. 1087
(e) For the fiscal year ending June 30, 2023, and thereafter, fees 1088
collected by the department under this section shall be paid to the State 1089
Treasurer and credited to the General Fund, except that the fees 1090
collected under subdivisions (12) and (13) of subsection (c) of this 1091
section shall be deposited in the Social Equity and Innovation Fund 1092
established under section 21a-420f. 1093
(f) For each license type: 1094
(1) Applicants shall apply on a form and in a manner prescribed by 1095
the commissioner, which form shall include a method for the applicant 1096
to request consideration as a social equity applicant; and 1097
(2) The department shall post on its Internet web site the application 1098
period, which shall specify the first and last date that the department 1099
will accept applications for that license type. The first date that the 1100 Substitute Bill No. 6697
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department shall accept applications shall be no sooner than thirty days 1101
after the date the Social Equity Council posts the criteria and supporting 1102
documentation necessary to qualify for consideration as a social equity 1103
applicant as set forth in section 21a-420g, as amended by this act. Only 1104
complete license applications received by the department during the 1105
application period shall be considered. 1106
(g) (1) No current or former state officer or employee, or employee of 1107
any other person who at any time had access to an application submitted 1108
to the department pursuant to this section, may disclose such 1109
application, or any information included in or submitted with such 1110
application, unless such disclosure is authorized under this subsection. 1111
(2) The commissioner may disclose the following information 1112
concerning an application submitted to the department pursuant to this 1113
section: 1114
(A) The applicant's name; 1115
(B) The license type for which such application was submitted; 1116
(C) The applicant's social equity designation, if any; 1117
(D) The applicant's address; 1118
(E) The name, electronic mail address and telephone number of the 1119
applicant's owner; 1120
(F) The ownership interest that an owner of a social equity applicant 1121
holds in such applicant, expressed as a percentage of all ownership 1122
interests in such applicant; 1123
(G) The name and address of the person who serves as the applicant's 1124
primary business contact; 1125
(H) The application number assigned to such application; 1126
(I) The date such application was submitted to the department; 1127 Substitute Bill No. 6697
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(J) Information concerning the applicant's formation, including, but 1128
not limited to, the applicant's business entity type, formation date and 1129
place, and business registration number as such number appears on the 1130
electronic business portal established by the Commercial Recording 1131
Division of the office of the Secretary of the State pursuant to section 3-1132
99d; and 1133
(K) The name of all cannabis businesses associated with the applicant 1134
and listed on such application. 1135
(3) (A) In addition to the information described in subdivision (2) of 1136
this subsection, the commissioner may, in the commissioner's sole 1137
discretion, disclose any personal information or financial document 1138
associated with an application submitted to the department pursuant to 1139
this section to: 1140
(i) A federal, state or local government agency acting in the course of 1141
such agency's governmental functions, or a person acting on behalf of 1142
such agency in performing such functions; 1143
(ii) A college or university conducting research or assisting the state 1144
in reviewing such applications, provided such college or university 1145
agrees to not disclose any personally identifying information or 1146
confidential business information and to deidentify any personal or 1147
financial information such college or university receives from the 1148
department before releasing any report, study, survey or similar 1149
document concerning such information; 1150
(iii) An officer of the court in connection with an administrative, 1151
arbitral, civil or criminal proceeding in a court of competent jurisdiction 1152
or before a government agency or self-regulatory body, including, but 1153
not limited to, the service of process, an investigation performed in 1154
anticipation of litigation, an order issued by such court or the execution 1155
or enforcement of a judgment or order issued by such court, provided 1156
the person to whom the commissioner discloses such information or 1157
document is a party in interest to such proceeding; 1158 Substitute Bill No. 6697
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(iv) A state marshal in the course of performing such marshal's duties 1159
under section 6-38a; or 1160
(v) The applicant or the applicant's owner to confirm that any such 1161
information or document such applicant or owner submitted to the 1162
department in connection with such application is accurate. 1163
(B) Any personal information or financial document the 1164
commissioner discloses pursuant to subparagraph (A) of this 1165
subdivision shall remain confidential, and no person described in 1166
subparagraphs (A)(i) to (A)(iv), inclusive, of this subdivision shall 1167
further disseminate such information or document in a manner that 1168
would enable another person to identify any person referenced in, and 1169
related to, such information or document unless such disclosure is 1170
required under other applicable law. 1171
Sec. 11. Subsections (a) to (i), inclusive, of section 21a-420g of the 1172
general statutes are repealed and the following is substituted in lieu 1173
thereof (Effective from passage): 1174
(a) The Social Equity Council shall review the ownership information 1175
and any other information necessary to confirm that an applicant 1176
qualifies as a social equity applicant for all cannabis establishment 1177
license type applications submitted to the department and designated 1178
by the applicant as a social equity applicant. The Social Equity Council 1179
shall prescribe the documentation necessary for applicants to submit to 1180
establish that the ownership, residency and income requirements for 1181
social equity applicants are met. On or before September 1, 2021, the 1182
Social Equity Council shall post such necessary documentation 1183
requirements on its Internet web site to inform applicants of such 1184
requirements prior to the start of the application period. 1185
(b) Except as provided in section 21a-420o, prior to the first date that 1186
the department begins accepting applications for a license type, the 1187
department shall determine the maximum number of applications that 1188
shall be considered for such license type and post such information on 1189 Substitute Bill No. 6697
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its Internet web site. Fifty per cent of the maximum number of 1190
applications that shall be considered for each license type (1) shall be 1191
selected through a social equity lottery for such license type, and (2) 1192
shall be reserved by the department for social equity applicants. If, upon 1193
the close of the application period for a license type, the department 1194
receives more applications than the maximum number to be considered 1195
in total or to be reserved for social equity applicants as set forth in this 1196
subsection, [(b) of this section,] a third-party lottery operator shall 1197
conduct a lottery to identify applications for review by the department 1198
and the Social Equity Council. 1199
(c) (1) The third-party lottery operator shall: 1200
(A) Not be provided any application received after the close of the 1201
application period; 1202
(B) Give equal weight to every complete application submitted 1203
during the application period; and 1204
(C) Conduct multiple, separate geographic lotteries if required by the 1205
department. 1206
(2) For purposes of the lottery, the third-party lottery operator shall: 1207
(A) Conduct an independent social equity lottery and general lottery 1208
for each license type [and a separate lottery for social equity applicants 1209
of each license type] that results in each application being randomly 1210
ranked starting with one and continuing sequentially; and 1211
(B) Rank all applications in each lottery numerically according to the 1212
order in which they were drawn, including those that exceed the 1213
number to be considered, and identify for the department all 1214
applications to be considered. [, which shall consist of the applications 1215
ranked numerically one to the maximum number set forth in accordance 1216
with subsection (b) of this section.] 1217
(d) (1) Upon receipt of an application for social equity consideration 1218 Substitute Bill No. 6697
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or, in the case where a social equity lottery is conducted, after such 1219
lottery applicants are selected, the department shall provide to the 1220
Social Equity Council the documentation received by the department 1221
during the application process that is required under subsection (a) of 1222
this section. No identifying information beyond what is necessary to 1223
establish social equity status shall be provided to the Social Equity 1224
Council. The Social Equity Council shall review the social equity 1225
applications to be considered as identified by the third-party lottery 1226
operator to determine whether the applicant meets the criteria for a 1227
social equity applicant. If the Social Equity Council determines that an 1228
applicant does not qualify as a social equity applicant, the application 1229
shall not be reviewed further for purposes of receiving a license 1230
designated for social equity applicants. The application shall be entered 1231
into the [other] general lottery for the applicable license type and may 1232
be reviewed further if selected through such lottery, provided the 1233
applicant pays the additional amount necessary to pay the full fee for 1234
entry into such lottery within five business days of being notified by the 1235
Social Equity Council that [it] such applicant does not qualify as a social 1236
equity applicant. Not later than thirty days after the Social Equity 1237
Council notifies an applicant [is notified of a denial of a license 1238
application under this subsection] of the Social Equity Council's 1239
determination that the applicant does not meet the criteria for a social 1240
equity applicant, the applicant may appeal [such denial] from such 1241
determination to the Superior Court in accordance with section 4-183. 1242
(2) Upon determination by the Social Equity Council that an 1243
application selected through the lottery process does not qualify for 1244
consideration as a social equity applicant, the department shall request 1245
that the third-party lottery operator identify the next-ranked application 1246
in the [applicable] social equity lottery. This process may continue until 1247
the Social Equity Council has identified for further consideration the 1248
number of applications set forth on the department's web site pursuant 1249
to subsection (b) of this section or [the lottery indicates that] until there 1250
are no [further] remaining social equity applications to be considered. 1251 Substitute Bill No. 6697
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(3) For each license type, the Social Equity Council shall identify for 1252
the department the social equity applications that qualify as social 1253
equity applicants and that should be reviewed by the department for 1254
purposes of awarding a provisional license. 1255
(4) Any application [subject to] entered into, but not selected through, 1256
the social equity lottery [process] shall not be reviewed as a social equity 1257
application, but shall be entered into the general lottery for the 1258
[remaining applications for the] applicable license type. 1259
(5) After receiving the list of selected social equity applications [from] 1260
reviewed and approved by the Social Equity Council, the department 1261
shall notify the third-party lottery operator, which shall then conduct 1262
[an] the independent general lottery for all remaining applicants for 1263
each license type, rank all general lottery applications numerically 1264
including those that exceed the number to be considered, and identify 1265
for the department all of the selected applications to be reviewed. The 1266
number of applications to be reviewed by the department shall consist 1267
of the applications ranked numerically one through the maximum 1268
number [set forth in accordance with subsection (b) of this section, 1269
provided that if fewer social equity applicants are identified pursuant 1270
to subdivision (3) of this subsection, the maximum number shall be the 1271
number] necessary to ensure that fifty per cent of the applications for 1272
each license type identified through the lottery process are [social equity 1273
applicants] selected from the social equity lottery and approved by the 1274
Social Equity Council. 1275
(6) The numerical rankings created by the third-party lottery operator 1276
shall be confidential and shall not be subject to disclosure under the 1277
Freedom of Information Act, as defined in section 1-200. 1278
(e) The department shall review each application to be considered, as 1279
identified by the third-party lottery operator or Social Equity Council, 1280
as applicable, to confirm [it] such application is complete and to 1281
determine whether any application: (1) Includes a backer with a 1282
disqualifying conviction; (2) [includes a backer that would result in 1283 Substitute Bill No. 6697
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common ownership in violation of] exceeds the cap set forth in section 1284
21a-420i; or (3) has a backer who individually or in connection with a 1285
cannabis business in another state or country has an administrative 1286
finding or judicial decision that may substantively compromise the 1287
integrity of the cannabis program, as determined by the department, or 1288
that precludes its participation in this state's cannabis program. For the 1289
purposes of this subsection, an application shall be deemed complete if 1290
each backer of the applicant completes such backer's background check 1291
submission not later than thirty days after the department sends notice 1292
disclosing that the department has selected such applicant for review. 1293
(f) No additional backers may be added to a cannabis establishment 1294
application between the time of lottery entry, or any initial application 1295
for a license, and when a final license is awarded to the cannabis 1296
establishment, except, if a backer of an applicant or provisional licensee 1297
dies, the applicant or provisional licensee may apply to the 1298
commissioner to replace the deceased backer, provided if such applicant 1299
is a social equity applicant, the Social Equity Council shall review 1300
ownership to ensure such replacement would not cause the applicant to 1301
no longer qualify as a social equity applicant. A backer may be removed 1302
from a cannabis establishment application selected through the general 1303
lottery at any time upon notice to the department. 1304
(g) If an applicant [or a single backer of an applicant] is disqualified 1305
on the basis of any of the criteria set forth in subsection (e) of this section, 1306
the entire application shall be denied, and such denial shall be a final 1307
decision of the department [, provided backers of the applicant entity 1308
named in the lottery application submission may be removed prior to 1309
submission of a final license application unless such removal would 1310
result in a social equity applicant no longer qualifying as a social equity 1311
applicant. If] unless the applicant removes [any backer] from such 1312
application all backers that would cause [the applicant to be denied 1313
based on subsection (e) of this section, then the applicant entity shall not 1314
be denied due to such backer's prior involvement if such backer is 1315
removed within thirty days of notice by the department of the 1316 Substitute Bill No. 6697
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disqualification of a backer] such denial not later than thirty days after 1317
the department sends notice to the applicant disclosing such denial. Any 1318
change to a social equity applicant shall be reviewed and approved by 1319
the Social Equity Council before such change is reviewed by the 1320
department. Not later than thirty days after [service of] the department 1321
sends notice [upon] to the applicant [of a] disclosing such denial, the 1322
applicant may appeal such denial to the Superior Court. [in accordance 1323
with section 4-183.] 1324
(h) For each application denied pursuant to subsection (e) of this 1325
section, the department may, within its discretion, request that the third-1326
party lottery operator identify the next-ranked application in the 1327
applicable lottery. If the applicant that was denied was a social equity 1328
applicant, the next ranked social equity applicant shall first be reviewed 1329
by the Social Equity Council to confirm that the applicant qualifies as a 1330
social equity applicant prior to being further reviewed by the 1331
department. This process may continue until the department has 1332
identified for further consideration the number of applications 1333
equivalent to the maximum number set forth on its Internet web site 1334
pursuant to subsection (b) of this section. If the number of applications 1335
remaining is less than the maximum number posted on the 1336
department's Internet web site, the department shall award fewer 1337
licenses. To the extent the denials result in less than fifty per cent of 1338
applicants being social equity applicants, the department shall continue 1339
to review and issue provisional and final licenses for the remaining 1340
applications, but shall reopen the application period only for social 1341
equity applicants. 1342
(i) All applicants selected in the lottery and not denied shall be 1343
provided a provisional license application, which shall be submitted in 1344
a form and manner prescribed by the commissioner. [Applicants] 1345
Lottery applicants shall have sixty days from the date they receive their 1346
provisional application to complete the application. The right to apply 1347
for a provisional license is nontransferable. Upon receiving a 1348
provisional application from an applicant, the department shall review 1349 Substitute Bill No. 6697
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the application for completeness and to confirm that all information 1350
provided is acceptable and in compliance with this section and any 1351
regulations adopted under this section. If a provisional application does 1352
not meet the standards set forth in this section, the applicant shall not 1353
be provided a provisional license. A provisional license issued to a 1354
lottery applicant shall expire after fourteen months and shall not be 1355
renewed. Upon granting a provisional license, the department shall 1356
notify the applicant of the project labor agreement requirements of 1357
section 21a-421e. A provisional licensee may apply for a final license of 1358
the license type for which the licensee applied during the initial 1359
application period. A provisional license shall be nontransferable. If the 1360
provisional application does not meet the standards set forth in this 1361
section or is not completed within sixty days, the applicant shall not 1362
receive a provisional license. The decision of the department not to 1363
award a provisional license shall be final and may be appealed in 1364
accordance with section 4-183. Nothing in this section shall prevent a 1365
provisional applicant from submitting an application for a future 1366
lottery. 1367
Sec. 12. Subsection (e) of section 21a-420j of the general statutes is 1368
repealed and the following is substituted in lieu thereof (Effective from 1369
passage): 1370
(e) Equity joint ventures that are retailers or hybrid retailers that share 1371
a common cultivator or cultivator backer shall not be located within 1372
twenty miles of [another commonly owned equity joint venture] each 1373
other. 1374
Sec. 13. Subsection (f) of section 21a-420m of the general statutes is 1375
repealed and the following is substituted in lieu thereof (Effective from 1376
passage): 1377
(f) Equity joint ventures that are retailers or hybrid retailers that share 1378
a common producer or producer backer [and that are retailers or hybrid 1379
retailers] shall not be located within twenty miles of [another commonly 1380
owned equity joint venture] each other. 1381 Substitute Bill No. 6697
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Sec. 14. Subsection (b) of section 21a-420m of the general statutes is 1382
repealed and the following is substituted in lieu thereof (Effective October 1383
1, 2023): 1384
(b) The equity joint venture shall be in any cannabis establishment 1385
licensed business, other than a cultivator license, provided such equity 1386
joint venture is at least fifty per cent owned and controlled by an 1387
individual or individuals who meet, or the equity joint venture 1388
applicant is an individual who meets, the criteria established in 1389
subparagraphs (A) and (B) of subdivision [(48)] (47) of section 21a-420, 1390
as amended by this act. 1391
Sec. 15. Subsection (d) of section 21a-420n of the general statutes is 1392
repealed and the following is substituted in lieu thereof (Effective October 1393
1, 2023): 1394
(d) A cultivator may sell, transfer or transport its cannabis to a 1395
dispensary facility, hybrid retailer, retailer, food and beverage 1396
manufacturer, product manufacturer, research program, cannabis 1397
testing laboratory or product packager utilizing its own employees or a 1398
transporter. A cultivator shall not sell, transfer or deliver to consumers, 1399
qualifying patients or caregivers, directly or through a delivery service. 1400
Sec. 16. Subsection (e) of section 21a-420p of the general statutes is 1401
repealed and the following is substituted in lieu thereof (Effective October 1402
1, 2023): 1403
(e) A micro-cultivator may sell, transfer or transport its cannabis to a 1404
dispensary facility, hybrid retailer, retailer, delivery service, food and 1405
beverage manufacturer, product manufacturer, research program, 1406
cannabis testing laboratory or product packager, provided the cannabis 1407
is cultivated, grown and propagated at the micro-cultivator's licensed 1408
establishment and transported utilizing the micro-cultivator's own 1409
employees or a transporter. A micro-cultivator shall not gift or transfer 1410
cannabis or cannabis products at no cost to a consumer as part of a 1411
commercial transaction. 1412 Substitute Bill No. 6697
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Sec. 17. Subsection (b) of section 21a-420r of the general statutes is 1413
repealed and the following is substituted in lieu thereof (Effective October 1414
1, 2023): 1415
(b) A retailer may obtain cannabis from a cultivator, micro-cultivator, 1416
producer, product packager, food and beverage manufacturer, product 1417
manufacturer or transporter or an undeliverable return from a delivery 1418
service. A retailer may sell, transport or transfer cannabis or cannabis 1419
products to a delivery service, cannabis testing laboratory or research 1420
program. A retailer may sell cannabis to a consumer or research 1421
program. A retailer may not conduct sales of medical marijuana 1422
products nor offer discounts or other inducements to qualifying patients 1423
or caregivers. A retailer shall not gift or transfer cannabis at no cost to a 1424
consumer as part of a commercial transaction. 1425
Sec. 18. Subsection (f) of section 21a-420u of the general statutes is 1426
repealed and the following is substituted in lieu thereof (Effective from 1427
passage): 1428
(f) Equity joint ventures that are retailers or hybrid retailers that share 1429
a common [dispensary facility or] dispensary facility backer or owner, 1430
or hybrid retailer backer or owner, shall not be located within twenty 1431
miles of [another commonly owned equity joint venture] each other. 1432
Sec. 19. Subsections (b) to (d), inclusive, of section 21a-420u of the 1433
general statutes are repealed and the following is substituted in lieu 1434
thereof (Effective October 1, 2023): 1435
(b) Any equity joint venture created under this section shall be 1436
created for the development of a cannabis establishment, other than a 1437
cultivator, provided such equity joint venture is at least fifty per cent 1438
owned and controlled by an individual or individuals who meet, or the 1439
equity joint venture applicant is an individual who meets, the criteria 1440
established in subparagraphs (A) and (B) of subdivision [(48)] (47) of 1441
section 21a-420, as amended by this act. 1442
(c) An equity joint venture applicant shall submit an application to 1443 Substitute Bill No. 6697
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the Social Equity Council that may include, but need not be limited to, 1444
evidence of business formation, ownership allocation, terms of 1445
ownership and financing and proof of social equity status. The equity 1446
joint venture applicant shall submit to the Social Equity Council 1447
information including, but not limited to, the organizing documents of 1448
the entity that outline the ownership stake of each backer, initial backer 1449
investment and payout information to enable the council to determine 1450
the terms of ownership. 1451
(d) Upon receipt of written approval of the equity joint venture by 1452
the Social Equity Council, the equity joint venture applicant shall apply 1453
for a license from the department in the same form as required by all 1454
other licensees of the same license type and subject to the same fees as 1455
required by all other licensees of the same license type, except that such 1456
application shall not be subject to the lottery process. 1457
Sec. 20. Subsections (a) to (d), inclusive, of section 21a-421bb of the 1458
general statutes are repealed and the following is substituted in lieu 1459
thereof (Effective October 1, 2023): 1460
(a) No person, other than the holder of a cannabis establishment 1461
license issued [by this state] pursuant to this chapter or a person who 1462
provides professional services related to the purchase, sale or use of 1463
cannabis, shall advertise any cannabis or services related to cannabis in 1464
this state. 1465
(b) Except as provided in subsection (d) of this section, cannabis 1466
establishments shall not: 1467
(1) Advertise, including, but not limited to, through a business name 1468
or logo, cannabis, cannabis paraphernalia or goods or services related to 1469
cannabis: 1470
(A) In ways that target or are designed to appeal to individuals under 1471
twenty-one years of age, including, but not limited to, spokespersons or 1472
celebrities who appeal to individuals under the legal age to purchase 1473
cannabis or cannabis products, depictions of a person under twenty-five 1474 Substitute Bill No. 6697
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years of age consuming cannabis, or, the inclusion of objects, such as 1475
toys, characters or cartoon characters, suggesting the presence of a 1476
person under twenty-one years of age, or any other depiction designed 1477
in any manner to be appealing to a person under twenty-one years of 1478
age; or 1479
(B) By using any image, or any other visual representation, of the 1480
cannabis plant or any part of the cannabis plant, including, but not 1481
limited to, the leaf of the cannabis plant; 1482
(2) Engage in any advertising by means of any form of billboard 1483
within one thousand five hundred feet of an elementary or secondary 1484
school ground or a house of worship, recreation center or facility, child 1485
care center, playground, public park or library, or engage in any 1486
advertising by means of [an electronic or illuminated] a billboard 1487
between the hours of six o'clock a.m. and eleven o'clock p.m.; 1488
(3) Engage in advertising by means of any television, radio, Internet, 1489
mobile application, social media or other electronic communication, 1490
billboard or other outdoor signage, or print publication unless the 1491
cannabis establishment has reliable evidence that at least ninety per cent 1492
of the audience for the advertisement is reasonably expected to be 1493
twenty-one years of age or older; 1494
(4) Engage in advertising or marketing directed toward location-1495
based devices, including, but not limited to, cellular phones, unless the 1496
marketing is a mobile device application installed on the device by the 1497
owner of the device who is twenty-one years of age or older and 1498
includes a permanent and easy opt-out feature and warnings that the 1499
use of cannabis is restricted to persons twenty-one years of age or older; 1500
(5) Advertise cannabis or cannabis products in a manner claiming or 1501
implying, or permit any employee of the cannabis establishment to 1502
claim or imply, that such products have curative or therapeutic effects, 1503
or that any other medical claim is true, or allow any employee to 1504
promote cannabis for a wellness purpose unless such claims are 1505 Substitute Bill No. 6697
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substantiated as set forth in regulations adopted under chapter 420f or 1506
verbally conveyed by a licensed pharmacist or other licensed medical 1507
practitioner in the course of business in, or while representing, a hybrid 1508
retail or dispensary facility; 1509
(6) Sponsor charitable, sports, musical, artistic, cultural, social or 1510
other similar events or advertising at, or in connection with, such an 1511
event unless the cannabis establishment has reliable evidence that (A) 1512
not more than ten per cent of the in-person audience at the event is 1513
reasonably expected to be under the legal age to purchase cannabis or 1514
cannabis products, and (B) not more than ten per cent of the audience 1515
that will watch, listen or participate in the event is expected to be under 1516
the legal age to purchase cannabis products; 1517
(7) Advertise cannabis, cannabis products or cannabis paraphernalia 1518
in any physical form visible to the public within five hundred feet of an 1519
elementary or secondary school ground or a recreation center or facility, 1520
child care center, playground, public park or library; 1521
(8) Cultivate cannabis or manufacture cannabis products for 1522
distribution outside of this state in violation of federal law, advertise in 1523
any way that encourages the transportation of cannabis across state lines 1524
or otherwise encourages illegal activity; 1525
(9) Except for dispensary facilities and hybrid retailers, exhibit within 1526
or upon the outside of the facility used in the operation of a cannabis 1527
establishment, or include in any advertisement, the word "dispensary" 1528
or any variation of such term or any other words, displays or symbols 1529
indicating that such store, shop or place of business is a dispensary; 1530
(10) Exhibit within or upon the outside of the premises subject to the 1531
cannabis establishment license, or include in any advertisement the 1532
words "drug store", "pharmacy", "apothecary", "drug", "drugs" or 1533
"medicine shop" or any combination of such terms or any other words, 1534
displays or symbols indicating that such store, shop or place of business 1535
is a pharmacy; 1536 Substitute Bill No. 6697
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(11) Advertise on or in public or private vehicles or at bus stops, taxi 1537
stands, transportation waiting areas, train stations, airports or other 1538
similar transportation venues including, but not limited to, vinyl-1539
wrapped vehicles or signs or logos on transportation vehicles not 1540
owned by a cannabis establishment; 1541
(12) Display cannabis, cannabis products or any image, or any other 1542
visual representation, of the cannabis plant or any part of the cannabis 1543
plant, including, but not limited to, the leaf of the cannabis plant, so as 1544
to be clearly visible to a person from the exterior of the facility used in 1545
the operation of a cannabis establishment, or display signs or other 1546
printed material advertising any brand or any kind of cannabis or 1547
cannabis product, or including any image, or any other visual 1548
representation, of the cannabis plant or any part of the cannabis plant, 1549
including, but not limited to, the leaf of the cannabis plant, on the 1550
exterior of any facility used in the operation of a cannabis establishment; 1551
(13) Utilize radio or loudspeaker, in a vehicle or in or outside of a 1552
facility used in the operation of a cannabis establishment, for the 1553
purposes of advertising the sale of cannabis or cannabis products; or 1554
(14) Operate any web site advertising or depicting cannabis, cannabis 1555
products or cannabis paraphernalia unless such web site verifies that 1556
the entrants or users are twenty-one years of age or older. 1557
(c) Except as provided in subsection (d) of this section, any 1558
advertisements from a cannabis establishment shall contain the 1559
following warning: "Do not use cannabis if you are under twenty-one 1560
years of age. Keep cannabis out of the reach of children." In a print or 1561
visual medium, such warning shall be conspicuous, easily legible and 1562
shall take up not less than ten per cent of the advertisement space. In an 1563
audio medium, such warning shall be at the same speed as the rest of 1564
the advertisement and be easily intelligible. 1565
(d) Any outdoor signage, including, but not limited to, any 1566
monument sign, pylon sign or wayfinding sign, shall be deemed to 1567 Substitute Bill No. 6697
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satisfy the audience requirement established in subdivision (3) of 1568
subsection (b) of this section, be exempt from the distance requirement 1569
established in subdivision (7) of subsection (b) of this section and [shall] 1570
not be required to contain the warning required under subsection (c) of 1571
this section, if such outdoor signage: 1572
(1) Contains only the name and logo of the cannabis establishment; 1573
(2) Does not include any image, or any other visual representation, of 1574
the cannabis plant or any part of the cannabis plant, including, but not 1575
limited to, the leaf of the cannabis plant; 1576
(3) Is comprised of not more than three colors; and 1577
(4) Is located: 1578
(A) On the cannabis establishment's premises, regardless of whether 1579
such cannabis establishment leases or owns such premises; or 1580
(B) On any commercial property occupied by multiple tenants 1581
including such cannabis establishment. 1582
Sec. 21. Subsection (a) of section 47a-9a of the general statutes is 1583
repealed and the following is substituted in lieu thereof (Effective October 1584
1, 2023): 1585
(a) As used in this section, "tenant", "landlord" and "dwelling unit" 1586
have the same meanings as provided in section 47a-1. Except as 1587
provided in this section, a landlord or property manager may not refuse 1588
to rent to a prospective tenant or an existing tenant, or otherwise 1589
discriminate against a prospective tenant or an existing tenant, based on 1590
a past conviction for possession of [a cannabis-type substance] cannabis 1591
under section 21a-279a or for a past conviction for possession of four or 1592
fewer ounces of cannabis plant material, and any equivalencies and 1593
combinations thereof, pursuant to subsection (i) of section 21a-279a in 1594
any other jurisdiction. 1595 Substitute Bill No. 6697
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Sec. 22. Section 22-61l of the general statutes is repealed and the 1596
following is substituted in lieu thereof (Effective October 1, 2023): 1597
(a) For the purpose of this section and section 22-61m, as amended by 1598
this act, the following terms have the same meaning as provided in 7 1599
CFR 990.1, as amended from time to time: "Acceptable hemp THC level", 1600
"Agricultural marketing service", "Audit", "Cannabis", "Conviction", 1601
"Corrective action plan", "Culpable mental state greater than 1602
negligence", "Decarboxylated", "Decarboxylation", "Disposal", "Dry 1603
weight basis", "Gas chromatography", "Geospatial location", "Handle", 1604
"Liquid chromatography", "Immature plants", "Information sharing 1605
system", "Measurement of uncertainty", "Negligence", 1606
"Phytocannabinoid", "Postdecarboxylation", "Remediation", "Reverse 1607
distributor" and "Total THC". In addition, for the purpose of this section 1608
and section 22-61m, as amended by this act: 1609
(1) "Cannabidiol" or "CBD" means the nonpsychotropic compound by 1610
the same name; 1611
(2) "Certificate of analysis" means a certificate from a laboratory 1612
describing the results of the laboratory's testing of a sample; 1613
(3) "Commissioner" means the Commissioner of Agriculture, or the 1614
commissioner's designated agent; 1615
(4) "Cultivate" means to plant, grow, harvest, handle and store a plant 1616
or crop; 1617
(5) "Federal act" means the United States Agricultural Marketing Act 1618
of 1946, 7 USC 1639o et seq., as amended from time to time; 1619
(6) "Department" means the Department of Agriculture; 1620
(7) "Hemp" has the same meaning as provided in the federal act; 1621
(8) "Hemp products" means all manufacturer hemp products and 1622
producer hemp products; 1623 Substitute Bill No. 6697
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(9) "Independent testing laboratory" means a facility: 1624
(A) For which no person who has any direct or indirect financial or 1625
managerial interest in the laboratory and also has any direct or indirect 1626
interest in a facility that: 1627
(i) Produces, distributes, manufactures or sells hemp or hemp 1628
products, or marijuana in any state or territory of the United States; or 1629
(ii) Cultivates, processes, distributes, dispenses or sells marijuana; 1630
and 1631
(B) That is accredited as a laboratory in compliance with section 21a-1632
408-59 of the regulations of Connecticut state agencies; 1633
(10) "Laboratory" means a laboratory that meets the requirements of 1634
7 CFR 990.3 and that is accredited as a testing laboratory to International 1635
Organization for Standardization (ISO) 17025 by a third-party 1636
accrediting body such as the American Association for Laboratory 1637
Accreditation or the Assured Calibration and Laboratory Accreditation 1638
Select Services; 1639
(11) "Law enforcement agency" means the Connecticut State Police, 1640
the United States Drug Enforcement Administration, the Department of 1641
Agriculture, the Department of Consumer Protection Drug Control 1642
Division or any other federal, state or local law enforcement agency or 1643
drug suppression unit; 1644
(12) "Licensee" means an individual or entity that possesses a license 1645
to produce or manufacture hemp or hemp products in this state; 1646
(13) "Manufacture" means the conversion of the hemp plant into a by-1647
product by means of adding heat, solvents or any method of extraction 1648
that modifies the original composition of the plant for the purpose of 1649
creating a manufacturer hemp product for commercial or research 1650
purposes; 1651 Substitute Bill No. 6697
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(14) "Manufacturer" means a person in the state licensed by the 1652
Commissioner of Consumer Protection to manufacture, handle, store 1653
and market manufacturer hemp products pursuant to the provisions of 1654
section 22-61m, as amended by this act, and any regulation adopted 1655
pursuant to section 22-61m, as amended by this act; 1656
(15) "Marijuana" has the same meaning as provided in section 21a-1657
240, as amended by this act; 1658
(16) "Market" or "marketing" means promoting, distributing or 1659
selling a hemp product within the state, in another state or outside of 1660
the United States and includes efforts to advertise and gather 1661
information about the needs or preferences of potential consumers or 1662
suppliers; 1663
(17) "On-site manager" means the individual designated by the 1664
producer license applicant or producer responsible for on-site 1665
management and operations of a licensed producer; 1666
(18) "Pesticide" has the same meaning as "pesticide chemical" as 1667
provided in section 21a-92; 1668
(19) "Lot" means a contiguous area in a field, greenhouse or indoor 1669
growing structure containing the same variety or strain of hemp 1670
throughout the area; 1671
(20) "Post-harvest sample" means a representative sample of the form 1672
of hemp taken from the harvested hemp from a particular lot's harvest 1673
that is collected in accordance with the procedures established by the 1674
commissioner; 1675
(21) "Pre-harvest sample" means a composite, representative portion 1676
from plants in a hemp lot, that is collected in accordance with the 1677
procedures established by the commissioner; 1678
(22) "Produce" means to cultivate hemp or create any producer hemp 1679
product; 1680 Substitute Bill No. 6697
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(23) "State plan" means a state plan, as described in the federal act and 1681
as authorized pursuant to this section; 1682
(24) "THC" means delta-9-tetrahydrocannabinol; 1683
(25) "Controlled Substances Act" or "CSA" means the Controlled 1684
Substances Act as codified in 21 USC 801 et seq.; 1685
(26) "Criminal history report" means the fingerprint-based state and 1686
national criminal history record information obtained in accordance 1687
with section 29-17a; 1688
(27) "Drug Enforcement Administration" or "DEA" means the United 1689
States Drug Enforcement Administration; 1690
(28) "Farm service agency" or "FSA" means an agency of the United 1691
States Department of Agriculture; 1692
(29) "Key participant" means a sole proprietor, a partner in 1693
partnership or a person with executive managerial control in an entity, 1694
including persons such as a chief executive officer, chief operating 1695
officer and chief financial officer; 1696
(30) "Manufacturer hemp product" means a commodity 1697
manufactured from the hemp plant, for commercial or research 1698
purposes, that is intended for human ingestion, inhalation, absorption 1699
or other internal consumption, that contains a THC concentration of not 1700
more than 0.3 per cent on a dry weight basis or per volume or weight of 1701
such manufacturer hemp product; 1702
(31) "Producer" means an individual or entity licensed by the 1703
commissioner to produce and market producer hemp products 1704
pursuant to the federal act, the state plan, the provisions of this section 1705
and the regulations adopted pursuant to this section; 1706
(32) "Producer hemp product" means any of the following produced 1707
in this state: Raw hemp product, fiber-based hemp product or animal 1708 Substitute Bill No. 6697
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hemp food product, and each of which contains a THC concentration of 1709
not more than 0.3 per cent on a dry weight basis or per volume or weight 1710
of such producer hemp product; 1711
(33) "USDA" means the United States Department of Agriculture; 1712
(34) "Entity" means a corporation, joint stock company, association, 1713
limited partnership, limited liability partnership, limited liability 1714
company, irrevocable trust, estate, charitable organization or other 1715
similar organization, including any such organization participating in 1716
the hemp production as a partner in a general partnership, a participant 1717
in a joint venture or a participant in a similar organization; and 1718
(35) "Homogenize" means to blend hemp into a mixture that has a 1719
uniform quality and content throughout such mixture. 1720
(b) The Commissioner of Agriculture shall establish and operate an 1721
agricultural pilot program, as defined in 7 USC 5940, as amended from 1722
time to time, for hemp research to enable the department, and its 1723
licensees, to study methods of producing and marketing hemp. All 1724
producer licensees licensed pursuant to this section shall be participants 1725
in the state agricultural pilot program for hemp research. Until such 1726
time as said commissioner adopts regulations, in accordance with the 1727
provisions of chapter 54, the Department of Agriculture shall utilize 1728
procedures and guidance policies that the commissioner deems to be 1729
consistent with the provisions of 7 USC 5940, as amended from time to 1730
time, provided such procedures and guidance policies shall, at a 1731
minimum, require: (1) The commissioner to certify and register any site 1732
used to grow hemp, (2) any person who produces hemp to produce 1733
plants that meet the definition of hemp and verify such, (3) the 1734
maintenance of records by any person who grows hemp and the 1735
availability of inspection of such records by the commissioner, and (4) 1736
verification of compliance with the definition of hemp by a laboratory, 1737
at the expense of any licensee. The provisions of this section shall take 1738
precedence over any such procedure or guidance policy. Participants in 1739
the state agricultural pilot program for hemp research shall be licensed 1740 Substitute Bill No. 6697
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in accordance with the provisions of this section. Such pilot program 1741
shall operate until the earlier of the date of a fully approved state plan 1742
under the federal act, as described in this section, or the date of repeal 1743
of the federal law permitting the state's agricultural pilot program for 1744
hemp research. 1745
(c) (1) The commissioner shall prepare a state plan in accordance with 1746
the federal act and 7 CFR 990.3, for approval by the Governor, in 1747
consultation with the office of the Chief State's Attorney and the 1748
Attorney General. The state plan, once approved by the Governor and 1749
the Attorney General, shall be submitted by the commissioner to the 1750
United States Secretary of Agriculture for [his or her] such secretary's 1751
approval. The commissioner shall have the authority to amend the state 1752
plan, in consultation with the Governor, the Attorney General and the 1753
office of the Chief State's Attorney, as necessary to comply with the 1754
federal act. 1755
(2) The commissioner shall operate the state plan, which shall 1756
include, at a minimum, the following requirements: 1757
(A) The sampling of hemp shall comply, at a minimum, with 7 CFR 1758
990.3 and be performed by an authorized sampling agent; 1759
(B) The testing of hemp shall comply, at a minimum, with 7 CFR 1760
990.3; 1761
(C) The control, remediation and disposal of noncompliant cannabis 1762
plants shall comply with 7 CFR 990.27 and 7 CFR 990.3; 1763
(D) The department shall comply with all recordkeeping and 1764
reporting requirements in the federal act, and 7 CFR 990.1 to 7 CFR 1765
990.71, inclusive; 1766
(E) The department shall comply with enforcement procedures in 7 1767
CFR 990.6; 1768
(F) The department shall conduct annual inspections of, at a 1769 Substitute Bill No. 6697
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minimum, a random sample of producers to verify that hemp is not 1770
produced in violation of the federal act, the state plan and the provisions 1771
of this section, and shall enforce any violation as provided for in the 1772
federal act and as defined in 7 CFR 990.6; 1773
(G) Producers shall report their required license, lot and hemp crop 1774
acreage information to FSA, in accordance with the requirements in 7 1775
CFR 990.7; and 1776
(H) Producers shall report to the commissioner the total acreage of 1777
hemp planted, harvested and, if applicable, disposed of or remediated, 1778
and such other information as the commissioner may require. 1779
(3) All sampling and testing of hemp shall be done using protocols 1780
that are at least as statistically valid as the USDA's published protocols 1781
for sampling and testing of hemp, which protocols shall be posted on 1782
the department's Internet web site. During a scheduled sample 1783
collection, the producer, or an authorized representative of the 1784
producer, shall be present at the lot. A producer shall not harvest the 1785
cannabis crop prior to the taking of samples. Samples of hemp plant 1786
material from one lot shall not be commingled with hemp plant material 1787
from other lots. Lots tested and not certified by a laboratory at or below 1788
the acceptable hemp THC level shall be handled, remediated and 1789
disposed of in accordance with the federal act, the provisions of this 1790
section and the state plan, as applicable. 1791
(4) The commissioner shall collect, maintain and provide to the 1792
USDA, on a timely basis, and not less than once per month, license status 1793
of each hemp producer, contact information for each hemp producer 1794
licensed in the state, including lot legal descriptions and locations, and 1795
any changes to such information. The commissioner shall also report to 1796
the USDA, on a timely basis, and not less than once per month, all 1797
required hemp test results and disposal information for all 1798
nonconforming hemp plants and plant material. Such information shall 1799
not include state and federal fingerprint-based records pursuant to 1800
section 29-17a. 1801 Substitute Bill No. 6697
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(d) The commissioner shall have the authority to enforce the federal 1802
act, as amended from time to time, the state plan, this section and any 1803
regulations adopted in accordance with the federal act and chapter 54 1804
for hemp production in the state. The commissioner shall have the 1805
authority to enforce the applicable standards for producer hemp 1806
products. The commissioner may consult, collaborate and enter into 1807
cooperative agreements with any federal or state agency, municipality 1808
or political subdivision of the state concerning application of the 1809
provisions of the federal act and the regulations adopted pursuant to the 1810
federal act, as may be necessary to carry out the provisions of this 1811
section. 1812
(e) Any person who produces hemp shall: (1) Be licensed by the 1813
commissioner; (2) comply with the federal act, the state plan, the 1814
provisions of this section and any regulation adopted pursuant to this 1815
section; and (3) transport hemp and hemp samples in a manner and with 1816
such documentation as required by the commissioner. 1817
(f) Any person who sells hemp products shall not be required to be 1818
licensed provided such person only engages in: (1) The retail or 1819
wholesale sale of hemp or hemp products in which no further 1820
producing or manufacturing of the hemp products occurs and the hemp 1821
products are acquired from a person authorized under the laws of this 1822
state or another state, territory or possession of the United States or 1823
another sovereign entity to possess and sell such hemp products; (2) the 1824
acquisition of hemp or hemp products for the sole purpose of product 1825
distribution for resale; or (3) the retail sale of hemp products that are 1826
otherwise authorized under federal or state law. 1827
(g) Any applicant for a license pursuant to this section shall meet each 1828
of the following requirements, as applicable: 1829
(1) Each applicant, whether an individual or an entity, shall submit 1830
an application for a license that consists, at a minimum, of the following: 1831
(A) The name, telephone number, electronic mail address, business 1832
address and address of any individual who is the applicant, the full 1833 Substitute Bill No. 6697
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name of any entity that is the applicant, including any applicable 1834
principal business location and the full name, title and electronic mail 1835
address of each key participant; (B) the name and address of each lot for 1836
the hemp cultivation or producing location; (C) the geospatial location 1837
of each lot by means of global positioning system coordinates and legal 1838
description of each lot used for the hemp cultivation; (D) the acreage 1839
size of each lot where the hemp will be cultivated; (E) written consent 1840
allowing the commissioner to conduct both scheduled and random 1841
inspections of and around the premises on which the hemp is to be 1842
cultivated, harvested, stored and produced; (F) the applicant's employer 1843
identification number or the applicant's Social Security number if an 1844
employer identification number is not available; and (G) any other 1845
information as may be required by the commissioner; 1846
(2) Each individual who is an applicant and each key participant of 1847
any entity applying for a producer license, or renewal thereof, shall 1848
submit to state and national fingerprint-based criminal history records 1849
checks conducted in accordance with section 29-17a, at [his or her] such 1850
individual's own expense; 1851
(3) No individual, including any key participant of any entity, who 1852
has been convicted of any state or federal felony, related to a controlled 1853
substance, shall be eligible to obtain or hold a producer license for ten 1854
years from the date of the conviction, provided such restriction shall not 1855
apply to any individual who lawfully grew hemp with a license, 1856
registration or authorization under any state pilot program authorized 1857
by section 7606 of the Agricultural Act of 2014 before December 20, 2018. 1858
Any individual or entity that materially falsifies any information in an 1859
application pursuant to this section shall be ineligible to obtain a 1860
producer license; and 1861
(4) Each individual or entity who is required by this section to obtain 1862
a producer license shall pay for all costs of sampling, testing, retesting 1863
and resampling any samples at a laboratory for the purpose of 1864
determining the THC concentration level of any cannabis under their 1865
control, or in their possession. Each individual or entity who is required 1866 Substitute Bill No. 6697
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by this section to obtain a producer license shall pay for all costs of 1867
disposal of all noncompliant cannabis plants under their control, or in 1868
their possession. 1869
(h) Any producer license issued by the commissioner shall expire on 1870
the third following December thirty-first and may be renewed during 1871
the preceding month of October. Such licenses shall not be transferable. 1872
(i) The following fees shall apply for each producer license and 1873
inspection: 1874
(1) A nonrefundable license application fee of fifty dollars, provided 1875
any constituent unit of higher education, state agency or department 1876
shall be exempt from such application fee if such production is for 1877
research purposes; 1878
(2) A nonrefundable triennial producer license fee of four hundred 1879
fifty dollars for up to one acre of planned hemp plantings and thirty 1880
dollars per each additional acre of planned hemp plantings rounded to 1881
the nearest acre, except no license fee charged shall exceed three 1882
thousand dollars, provided any constituent unit of higher education, 1883
state agency or department shall be exempt from such license fee if such 1884
production is for research purposes; and 1885
(3) In the event that resampling by the commissioner is required due 1886
to a test result that shows a violation of any provision of this section or 1887
any regulation adopted pursuant to this section, the licensee shall pay 1888
an inspection fee of fifty dollars. Such fee shall be paid prior to the 1889
inspection and collection of the sample to be used for resampling. 1890
(j) After receipt and review of an application for producer licensure, 1891
the commissioner may grant a triennial license upon a finding that the 1892
applicant meets the applicable requirements. Each producer licensee 1893
shall notify the commissioner of any changes to their application 1894
information, not later than fifteen days after such change. While the 1895
pilot program is in effect, the commissioner may grant a conditional 1896
approval of a producer license, pending receipt of the criminal history 1897 Substitute Bill No. 6697
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records check required by this section. The commissioner shall assign 1898
each producer with a license or authorization identifier in a format 1899
consistent with 7 CFR 990.3. 1900
(k) Whenever an inspection or investigation conducted by the 1901
commissioner pursuant to this title reveals any violation of the state 1902
plan, this section or any regulation adopted thereunder, the producer 1903
license applicant or respondent, as applicable, shall be notified, in 1904
writing, of such violation and any corrective action to be taken and the 1905
time period within which such corrective action shall be taken. Any such 1906
producer license applicant or respondent may request a hearing, 1907
conducted in accordance with chapter 54, on any such notification. Any 1908
notification issued pursuant to this section shall be made by certified 1909
mail, return receipt requested to the producer license applicant or 1910
respondent's last known address, by in-hand service by the 1911
commissioner or designated agent of the commissioner, electronic mail 1912
service with the consent of the recipient, or by service in accordance 1913
with chapter 896. The commissioner shall report all producer violations 1914
made with a culpable mental state greater than negligence to the United 1915
States Attorney General and the State's Attorney for the judicial district 1916
in which the producer violation occurred. 1917
(l) Nothing in this section shall be construed to limit the 1918
commissioner's authority to issue a cease and desist order pursuant to 1919
section 22-4d, or an emergency order, in order to respond to a condition 1920
that may present a public health hazard, or issue orders necessary to 1921
effectuate the purposes of this section, including, but not limited to, 1922
orders for the embargo, partial destruction, destruction and release of 1923
hemp or hemp products. Any cease and desist order or an emergency 1924
order shall become effective upon service of such order by the 1925
commissioner. Following service of any such order, subsequent 1926
proceedings shall proceed in accordance with the provisions of section 1927
22-4d and the rules of practice for such agency. Any embargo, partial 1928
destruction, destruction or release order issued pursuant to this section 1929
shall be served by certified mail, return receipt requested to the 1930 Substitute Bill No. 6697
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respondent's last known address, by in-hand service by the 1931
commissioner or designated agent of the commissioner, or by service in 1932
accordance with chapter 896. 1933
(m) Following a hearing conducted in accordance with chapter 54, 1934
the commissioner may impose an administrative civil penalty, not to 1935
exceed two thousand five hundred dollars per violation, and suspend, 1936
revoke or place conditions upon any producer licensee who violates the 1937
provisions of this section or any regulation adopted pursuant to this 1938
section. 1939
(n) (1) Any individual who produces hemp in this state without 1940
obtaining a license pursuant to this section, or who produces hemp in 1941
this state after having a license suspended or revoked shall have 1942
committed an infraction. 1943
(2) Any entity that produces hemp in this state without obtaining a 1944
license pursuant to this section, produces hemp in violation of this 1945
section or produces hemp in this state after having a license suspended 1946
or revoked may be fined not more than two thousand five hundred 1947
dollars per violation, after a hearing conducted in accordance with 1948
chapter 54. 1949
(o) (1) Any negligent violation, as described in the federal act, of this 1950
section or the state plan shall be subject to enforcement in accordance 1951
with the federal act, and the state plan for negligent violations. 1952
(2) For any negligent violation, a producer shall be required to correct 1953
such negligent violation, by means of a corrective action plan approved 1954
by the commissioner. Each corrective action plan shall include, at a 1955
minimum, a reasonable completion deadline for correction of the 1956
negligent violation, periodic reporting to the commissioner for at least 1957
two years and compliance with the state plan. 1958
(3) Any producer that negligently violates the state plan shall not, as 1959
a result of such negligent violation, be referred by the commissioner for 1960
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government. 1962
(4) Any producer that negligently violates the state plan three times 1963
during any five-year period shall be ineligible to produce hemp for a 1964
period of five years beginning on the date of the third violation. 1965
(5) The commissioner shall conduct an inspection to determine if the 1966
corrective action plan for a producer who commits any such negligent 1967
violation was properly implemented. 1968
(p) Any person aggrieved by an order issued pursuant to this section 1969
may appeal to the commissioner in accordance with the provisions of 1970
chapter 54. Such appeal shall be made in writing to the commissioner 1971
and received not later than fifteen days after the date of the order. If no 1972
appeal is made pursuant to this subsection the order shall be final. 1973
(q) (1) All documents submitted under this section shall be subject to 1974
disclosure in accordance with chapter 14, except: (A) Information 1975
depicting or describing (i) the test results of any producer, (ii) the 1976
location of any hemp growing, harvesting, processing or storage 1977
location, or (iii) hemp producer location security schematics; and (B) the 1978
results of any criminal history records check. 1979
(2) Notwithstanding the provisions of subdivision (1) of this 1980
subsection, all documents and records submitted or maintained 1981
pursuant to this section shall be disclosed to any law enforcement 1982
agency upon request of such law enforcement agency. 1983
(r) The commissioner may inspect and shall have access to the 1984
buildings, equipment, supplies, vehicles, records, real property and 1985
other information that the commissioner deems necessary to carry out 1986
the commissioner's duties pursuant to this section from any person 1987
participating in producing, handling, storing, marketing or researching 1988
hemp. 1989
(s) All licensees pursuant to this section shall maintain records 1990
required by the federal act, the state plan, this section and any regulation 1991 Substitute Bill No. 6697
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adopted pursuant to this section. Each licensee shall make such records 1992
available to the department immediately upon request of the 1993
commissioner and in electronic format, if available. 1994
(t) The commissioner may adopt regulations, in accordance with the 1995
provisions of chapter 54, to implement the provisions of this section 1996
including, but not limited to, the labeling of producer hemp products. 1997
[(u) Notwithstanding any provision of the general statutes: (1) 1998
Marijuana does not include hemp or hemp products; (2) THC that does 1999
not exceed 0.3 per cent by dry weight and that is found in hemp shall 2000
not be considered to be THC that constitutes a controlled substance; (3) 2001
hemp-derived cannabidiols, including CBD, shall not constitute 2002
controlled substances or adulterants solely on the basis of containing 2003
CBD; and (4) hemp products that contain one or more hemp-derived 2004
cannabidiols, such as CBD, intended for ingestion shall be considered 2005
foods, not controlled substances or adulterated products solely on the 2006
basis of the containing hemp-derived cannabidiols.] 2007
[(v)] (u) Whenever the commissioner believes or has reasonable cause 2008
to believe that the actions of a licensee or any employee of a producer 2009
licensee are in violation of the federal act, the state plan, or any state law 2010
concerning the growing, cultivation, handling, transporting or 2011
possession of marijuana, the commissioner shall notify the Department 2012
of Emergency Services and Public Protection and the Division of State 2013
Police. 2014
Sec. 23. Section 22-61m of the general statutes is repealed and the 2015
following is substituted in lieu thereof (Effective October 1, 2023): 2016
(a) No person shall manufacture in the state without a license to 2017
manufacture issued by the Commissioner of Consumer Protection. 2018
(b) Each applicant for a manufacturer license shall submit an 2019
application on a form and in a manner prescribed by the Commissioner 2020
of Consumer Protection. 2021 Substitute Bill No. 6697
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(c) The following fees shall apply for a license to manufacture: 2022
(1) A nonrefundable license application fee of seventy-five dollars; 2023
and 2024
(2) A nonrefundable licensing fee of three hundred seventy-five 2025
dollars for a license to manufacture hemp. 2026
(d) A license to manufacture issued by the Commissioner of 2027
Consumer Protection pursuant to this section shall expire triennially on 2028
June thirtieth. Such licenses shall not be transferable. 2029
(e) In accordance with a hearing held pursuant to chapter 54, the 2030
Commissioner of Consumer Protection may deny, suspend or revoke a 2031
manufacturer license, issue fines of not more than two thousand five 2032
hundred dollars per violation and place conditions upon a 2033
manufacturer licensee who violates the provisions of this section and 2034
any regulation adopted pursuant to this section. 2035
(f) (1) Any individual who manufactures in this state without 2036
obtaining a license pursuant to this section or who manufactures in this 2037
state after such entity's license is suspended or revoked shall be fined 2038
two hundred fifty dollars in accordance with the provisions of section 2039
51-164n. 2040
(2) Any entity who manufactures in this state without obtaining a 2041
license pursuant to this section, or who manufactures in this state after 2042
having a license suspended, shall be fined not more than two thousand 2043
five hundred dollars per violation after a hearing conducted in 2044
accordance with the provisions of chapter 54. 2045
(g) Nothing in this chapter or any regulations adopted pursuant to 2046
this chapter shall be construed to apply to persons licensed pursuant to 2047
section 21a-408i nor to require persons licensed pursuant to said section 2048
to obtain a license pursuant to this chapter. 2049
(h) The Commissioner of Consumer Protection may inspect and shall 2050 Substitute Bill No. 6697
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have access to the buildings, equipment, supplies, vehicles, records, real 2051
property and other information of any manufacturer applicant or 2052
licensee that the commissioner deems necessary to carry out the 2053
commissioner's duties pursuant to this section. 2054
(i) (1) Each manufacturer shall follow the protocol in this subsection 2055
for disposing of cannabis in the event that any hemp or hemp product 2056
is deemed to exceed the prescribed THC concentration, as determined 2057
by the Commissioner of Consumer Protection, or a manufacturer 2058
licensee in possession of hemp or hemp products who desires to dispose 2059
of obsolete, misbranded, excess or otherwise undesired product. Each 2060
manufacturer licensee shall be responsible for all costs of disposal of 2061
hemp samples and any hemp produced by such licensee that violates 2062
the provisions of this section or any regulation adopted pursuant to this 2063
section. Any cannabis that exceeds the prescribed THC concentration 2064
allowable in hemp or hemp products shall be immediately embargoed 2065
by such manufacturer and clearly labeled as adulterated by such 2066
licensee and such licensee shall immediately notify both the Department 2067
of Consumer Protection and the Department of Agriculture, in writing, 2068
of such adulterated product. Such adulterated product shall be 2069
destroyed and disposed of by the following method, as determined by 2070
the Commissioner of Consumer Protection: 2071
(A) Surrender, without compensation, of such hemp or hemp product 2072
to the Commissioner of Consumer Protection who shall be responsible 2073
for the destruction and disposal of such adulterated product; or 2074
(B) By disposal in a manner prescribed by the Commissioner of 2075
Consumer Protection. 2076
(2) Notwithstanding the provisions of subdivision (1) of this 2077
subsection, upon written request of a manufacturer, the Commissioner 2078
of Consumer Protection may permit such manufacturer to combine 2079
different batches of raw hemp plant material to achieve a THC 2080
concentration of 0.3 per cent on a dry weight basis, in lieu of embargo 2081
or destruction. 2082 Substitute Bill No. 6697
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(j) The manufacturer or manufacturer's authorized designee 2083
disposing of the hemp or hemp products shall maintain and make 2084
available to the Commissioner of Consumer Protection a record of each 2085
such disposal or destruction of product indicating: 2086
(1) The date, time and location of disposal or destruction; 2087
(2) The manner of disposal or destruction; 2088
(3) The batch or lot information and quantity of hemp or hemp 2089
product disposed of or destroyed; and 2090
(4) The signatures of the persons disposing of the hemp or hemp 2091
products, the authorized representative of the Commissioner of 2092
Consumer Protection and any other persons present during the 2093
disposal. 2094
(k) Any hemp intended to be manufactured by a manufacturer into a 2095
manufacturer hemp product shall be tested by an independent testing 2096
laboratory located in this state. A manufacturer licensee shall make 2097
available samples, in an amount and type determined by the 2098
Commissioner of Consumer Protection, of hemp for an independent 2099
testing laboratory employee to select random samples. The independent 2100
testing laboratory shall test each sample [for microbiological 2101
contaminants, mycotoxins, heavy metals and pesticide chemical 2102
residue, and for purposes of conducting an active ingredient analysis, if 2103
applicable, as determined by the Commissioner of Consumer 2104
Protection] in accordance with the laboratory testing standards 2105
established in policies, procedures and regulations adopted by the 2106
commissioner pursuant to section 21a-421j. 2107
(l) Once a batch of hemp, intended to be sold as a manufacturer hemp 2108
product, has been homogenized for sample testing and eventual 2109
packaging and sale, until the independent testing laboratory provides 2110
the results from its tests and analysis, the manufacturer [licensee] shall 2111
segregate and withhold from use the entire batch of hemp that is 2112
intended for use as a manufacturer hemp product, except the samples 2113 Substitute Bill No. 6697
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that have been removed by the independent testing laboratory for 2114
testing. During this period of segregation, the manufacturer licensee 2115
shall maintain the hemp batch in a secure, cool and dry location, as 2116
prescribed by the Commissioner of Consumer Protection, so as to 2117
prevent the hemp from becoming adulterated. Such manufacturer shall 2118
not manufacture or sell a manufacturer hemp product prior to the time 2119
that the independent testing laboratory completes testing and analysis 2120
and provides such results, in writing, to the manufacturer licensee who 2121
initiated such testing. 2122
(m) An independent testing laboratory shall immediately return or 2123
dispose of any hemp or manufacturer hemp product upon the 2124
completion of any testing, use or research. If an independent testing 2125
laboratory disposes of hemp or manufacturer hemp products, the 2126
laboratory shall dispose of such hemp in the following manner, as 2127
determined by the Commissioner of Consumer Protection: 2128
(1) By surrender, without compensation, of such hemp or 2129
manufacturer hemp product to the Commissioner of Consumer 2130
Protection who shall be responsible for the destruction and disposal of 2131
such hemp or hemp product; or 2132
(2) By disposal in a manner prescribed by the Commissioner of 2133
Consumer Protection. 2134
(n) If a sample does not pass the microbiological, mycotoxin, heavy 2135
metal or pesticide chemical residue test, based on the laboratory testing 2136
standards [prescribed by the Commissioner of Consumer Protection 2137
and published on the Internet web site of the Department of Consumer 2138
Protection] established in policies, procedures and regulations adopted 2139
by the Commissioner of Consumer Protection pursuant to section 21a-2140
421j, the manufacturer licensee who sent such batch for testing shall: 2141
(1) Retest and reanalyze the hemp from which the sample was taken 2142
by having an employee from the same laboratory randomly select 2143
another sample from the same hemp batch. If the sample used to retest 2144 Substitute Bill No. 6697
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or reanalyze such hemp yields satisfactory results for all testing 2145
required under this section, an employee from a different laboratory 2146
shall randomly select a different sample from the same hemp batch for 2147
testing. If both samples yield satisfactory results for all testing required 2148
under this section, the hemp batch from which the samples were taken 2149
shall be released for manufacturing, processing and sale; 2150
(2) If a remediation plan sufficient to ensure public health and safety 2151
is submitted to and approved by the commissioner, remediate the hemp 2152
batch from which the sample was taken and have a laboratory employee 2153
randomly select a sample from such remediated hemp batch for testing. 2154
If such randomly selected sample yields satisfactory results for any 2155
testing required under this section, an employee from a different 2156
laboratory shall randomly select a different sample from the same hemp 2157
batch for testing. If both samples yield satisfactory results for all testing 2158
required under this section, the hemp batch from which the samples 2159
were taken may be released for manufacturing, processing or sale; or 2160
(3) If the manufacturer does not retest or remediate, or if any 2161
subsequent laboratory testing does not yield satisfactory results for any 2162
testing required under this section, dispose of the entire batch from 2163
which the sample was taken in accordance with procedures established 2164
by the Commissioner of Consumer Protection pursuant to subdivision 2165
(1) of subsection (i) of this section. 2166
(o) If a sample passes the microbiological, mycotoxin, heavy metal 2167
and pesticide chemical residue test, the independent testing laboratory 2168
shall release the entire batch for manufacturing, processing or sale. 2169
(p) The independent testing laboratory shall file with the Department 2170
of Consumer Protection an electronic copy of each laboratory test result 2171
for any batch that does not pass the microbiological, mycotoxin, heavy 2172
metal or pesticide chemical residue test, at the same time that it 2173
transmits such results to the manufacturer licensee who requested such 2174
testing. Each independent testing laboratory shall maintain the test 2175
results of each tested batch for a period of three years and shall make 2176 Substitute Bill No. 6697
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such results available to the Department of Consumer Protection upon 2177
request. 2178
(q) [Manufacturer licensees] Manufacturers shall maintain records 2179
required by the federal act, this section and any regulation adopted 2180
pursuant to this section. Each manufacturer [licensee] shall make such 2181
records available to the Department of C onsumer Protection 2182
immediately upon request and in electronic format, if available. 2183
(r) The Commissioner of Consumer Protection may adopt 2184
regulations, in accordance with the provisions of chapter 54, to 2185
implement the provisions of this section including, but not limited to, 2186
establishing sampling and testing procedures to ensure compliance 2187
with this section, prescribing storage and disposal procedures for hemp, 2188
marijuana and manufacturer hemp products that fail to pass 2189
Department of Consumer Protection prescribed independent testing 2190
laboratory testing standards and establishing advertising and labeling 2191
requirements for manufacturer hemp products. 2192
(s) Any claim of health impacts, medical effects or physical or mental 2193
benefits shall be prohibited on any advertising for, labeling of or 2194
marketing of manufacturer hemp products regardless of whether such 2195
manufacturer hemp products were manufactured in this state or 2196
another jurisdiction. Any violation of this subsection shall be deemed an 2197
unfair or deceptive trade practice under [chapter 735a] subsection (a) of 2198
section 42-110b. 2199
(t) Not later than February 1, 2020, the Commissioners of Agriculture 2200
and Consumer Protection shall submit a report, in accordance with 2201
section 11-4a, to the joint standing committee of the general assembly 2202
having cognizance of matters relating to the environment on the status 2203
of the pilot program, the development of the state plan and any 2204
regulations for such pilot program or state plan. Additionally such 2205
report shall include any legislative recommendations, including, but not 2206
limited to, any recommendations for requiring the registration of any 2207
manufacturer hemp product offered for sale in this state. 2208 Substitute Bill No. 6697
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(u) (1) Any person who sells manufacturer hemp products shall not 2209
be required to be licensed, provided such person only engages in: [(1)] 2210
(A) The retail or wholesale sale of manufacturer hemp products in 2211
which no further manufacturing of hemp occurs, provided such 2212
manufacturer hemp products are acquired from a person authorized to 2213
manufacture the manufacturer hemp products under the laws of this 2214
state or another state, territory or possession of the United States or 2215
another sovereign entity; [(2)] (B) the acquisition of manufacturer hemp 2216
products for the sole purpose of product distribution for resale; [or (3)] 2217
and (C) the retail sale of manufacturer hemp products that is [otherwise] 2218
authorized under federal or state law. 2219
(2) The Commissioner of Consumer Protection or Commissioner of 2220
Revenue Services may, pursuant to section 4-182, summarily suspend 2221
any credential the Department of Consumer Protection or Department 2222
of Revenue Services issued to any person who sells manufacturer hemp 2223
products in violation of subdivision (1) of this subsection. 2224
(v) No manufacturer hemp product offered for sale in this state, or to 2225
a consumer in this state, shall contain any synthetic cannabinoid, as 2226
defined in section 21a-240, as amended by this act. 2227
(w) No manufacturer hemp product offered for sale in this state, or 2228
to a consumer in this state, shall be packaged, presented or advertised 2229
in a manner that is likely to mislead a consumer by incorporating any 2230
statement, brand, design, representation, picture, illustration or other 2231
depiction that: (1) Bears a reasonable resemblance to trademarked or 2232
characteristic packaging of (A) cannabis offered for sale (i) in this state 2233
by a cannabis establishment licensed in this state, or (ii) on tribal land 2234
by a tribal-credentialed cannabis entity, or (B) a commercially available 2235
product other than a cannabis product, as defined in section 21a-420, as 2236
amended by this act; or (2) implies that the manufacturer hemp product 2237
(A) is a cannabis product, as defined in section 21a-420, as amended by 2238
this act, (B) contains a total THC concentration greater than three-tenths 2239
per cent on a dry-weight basis, or (C) is a high-THC hemp product, as 2240
defined in section 21a-240, as amended by this act. 2241 Substitute Bill No. 6697
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(x) No manufactured hemp product that is a food, beverage, oil or 2242
other product intended for human ingestion shall be distributed or sold 2243
in this state unless such product is contained within a package, or a label 2244
is affixed to such package, that includes: 2245
(1) A scannable barcode, Internet web site address or quick response 2246
code that is linked to the certificate of analysis of the final form product 2247
batch by an independent testing laboratory and discloses: 2248
(A) The name of such product; 2249
(B) The name, address and telephone number of such product's 2250
manufacturer, packer or distributor; 2251
(C) The batch number, which shall match the batch number on such 2252
package or label; and 2253
(D) The concentration of cannabinoids present in such product, 2254
including, but not limited to, total THC and any marketed cannabinoids 2255
or ingredients, which the Department of Consumer Protection shall 2256
establish in (i) policies and procedures, or (ii) regulations adopted 2257
pursuant to chapter 54; 2258
(2) The expiration or best by date for such product, if applicable; 2259
(3) A clear and conspicuous statement disclosing that: 2260
(A) Children, or those who are pregnant or breastfeeding, should 2261
avoid using such product prior to consulting with a health care 2262
professional concerning such product's safety; 2263
(B) Products containing cannabinoids should be kept out of reach of 2264
children; and 2265
(C) The federal Food and Drug Administration has not evaluated 2266
such product for safety or efficacy; and 2267
(4) If such product is intended to be inhaled, a clear and conspicuous 2268 Substitute Bill No. 6697
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warning statement disclosing that smoking or vaporizing is hazardous 2269
to human health. 2270
(y) No manufactured hemp product that is a topical, soap or cosmetic, 2271
as defined in section 21a-92, shall be distributed or sold in this state 2272
unless such product is contained within a package, or a label is affixed 2273
to such package, that includes: 2274
(1) A scannable barcode, Internet web site address or quick response 2275
code that is linked to the certificate of analysis of the final form extract 2276
or final form product batch by an independent testing laboratory and 2277
discloses: 2278
(A) The name of such product; 2279
(B) The name, address and telephone number of such product's 2280
manufacturer, packer or distributor; 2281
(C) The batch number, which shall match the batch number on such 2282
package or label; and 2283
(D) The concentration of cannabinoids present in such batch, 2284
including, but not limited to, total THC and any marketed cannabinoids; 2285
(2) The expiration or best by date for such product, if applicable; and 2286
(3) The following statement: 2287
"THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY 2288
OR EFFICACY.". 2289
(z) Any violation of subsections (u) to (y), inclusive, of this section 2290
shall be deemed an unfair or deceptive trade practice under subsection 2291
(a) of section 42-110b. 2292
(aa) Not later than December 31, 2023, and at least annually 2293
thereafter, the Department of Emergency Services and Public Protection 2294
shall, in conjunction with the Department of Consumer Protection, 2295 Substitute Bill No. 6697
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conduct a training session for local law enforcement agencies and 2296
officers and publish a training bulletin to inform local law enforcement 2297
agencies and officers regarding the investigation and enforcement 2298
standards concerning cannabis and high-THC hemp products. 2299
[(v)] (bb) Notwithstanding any provision of the general statutes: (1) 2300
[Marijuana does not include manufacturer hemp products; (2)] CBD 2301
that is found in manufacturer hemp products shall not be considered a 2302
controlled substance, as defined in section 21a-240, as amended by this 2303
act, or legend drug, as defined in section 20-571; and [(3) cannabinoids] 2304
(2) CBD derived from hemp and contained in manufacturer hemp 2305
products shall not be considered [controlled substances or adulterants] 2306
a controlled substance or adulterant. 2307
Sec. 24. Subsection (a) of section 10-19 of the general statutes is 2308
repealed and the following is substituted in lieu thereof (Effective October 2309
1, 2023): 2310
(a) The knowledge, skills and attitudes required to understand and 2311
avoid the effects of alcohol, of nicotine or tobacco and of drugs, as 2312
defined in [subdivision (17) of] section 21a-240, as amended by this act, 2313
on health, character, citizenship and personality development shall be 2314
taught every academic year to pupils in all grades in the public schools; 2315
and, in teaching such subjects, textbooks and such other materials as are 2316
necessary shall be used. Annually, at such time and in such manner as 2317
the Commissioner of Education shall request, each local and regional 2318
board of education shall attest to the State Board of Education that all 2319
pupils enrolled in its schools have been taught such subjects pursuant 2320
to this subsection and in accordance with a planned, ongoing and 2321
systematic program of instruction. The content and scheduling of 2322
instruction shall be within the discretion of the local or regional board 2323
of education. Institutions of higher education approved by the State 2324
Board of Education to train teachers shall give instruction on the 2325
subjects prescribed in this section and concerning the best methods of 2326
teaching the same. The State Board of Education and the Board of 2327
Regents for Higher Education in consultation with the Commissioner of 2328 Substitute Bill No. 6697
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Mental Health and Addiction Services and the Commissioner of Public 2329
Health shall develop health education or other programs for elementary 2330
and secondary schools and for the training of teachers, administrators 2331
and guidance personnel with reference to understanding and avoiding 2332
the effects of nicotine or tobacco, alcohol and drugs. 2333
Sec. 25. Subsection (a) of section 10-220a of the general statutes is 2334
repealed and the following is substituted in lieu thereof (Effective October 2335
1, 2023): 2336
(a) Each local or regional board of education shall provide an in-2337
service training program for its teachers, administrators and pupil 2338
personnel who hold the initial educator, provisional educator or 2339
professional educator certificate. Such program shall provide such 2340
teachers, administrators and pupil personnel with information on (1) 2341
the nature and the relationship of alcohol and drugs, as defined in 2342
[subdivision (17) of] section 21a-240, as amended by this act, to health 2343
and personality development, and procedures for discouraging their 2344
abuse, (2) health and mental health risk reduction education that 2345
includes, but need not be limited to, the prevention of risk-taking 2346
behavior by children and the relationship of such behavior to substance 2347
abuse, pregnancy, sexually transmitted diseases, including HIV-2348
infection and AIDS, as defined in section 19a-581, violence, teen dating 2349
violence, domestic violence and child abuse, (3) school violence 2350
prevention, conflict resolution, the prevention of and response to youth 2351
suicide and the identification and prevention of and response to 2352
bullying, as defined in subsection (a) of section 10-222d, except that 2353
those boards of education that implement any evidence-based model 2354
approach that is approved by the Department of Education and is 2355
consistent with subsection (c) of section 10-145a, sections 10-222d, 10-2356
222g and 10-222h, subsection (g) of section 10-233c and sections 1 and 3 2357
of public act 08-160, shall not be required to provide in-service training 2358
on the identification and prevention of and response to bullying, (4) 2359
cardiopulmonary resuscitation and other emergency life saving 2360
procedures, (5) the requirements and obligations of a mandated 2361 Substitute Bill No. 6697
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reporter, (6) the detection and recognition of, and evidence-based 2362
structured literacy interventions for, students with dyslexia, as defined 2363
in section 10-3d, (7) culturally responsive pedagogy and practice, 2364
including, but not limited to, the video training module relating to 2365
implicit bias and anti-bias in the hiring process in accordance with the 2366
provisions of section 10-156hh, and (8) the principles and practices of 2367
social-emotional learning and restorative practices. Each local or 2368
regional board of education may allow any paraprofessional or 2369
noncertified employee to participate, on a voluntary basis, in any in-2370
service training program provided pursuant to this section. 2371
Sec. 26. Subsection (e) of section 10-221 of the general statutes is 2372
repealed and the following is substituted in lieu thereof (Effective October 2373
1, 2023): 2374
(e) Each local and regional board of education shall develop, adopt 2375
and implement policies and procedures in conformity with section 10-2376
154a for (1) dealing with the use, sale or possession of alcohol or 2377
controlled drugs, as defined in [subdivision (8) of] section 21a-240, as 2378
amended by this act, by public school students on school property, 2379
including a process for coordination with, and referral of such students 2380
to, appropriate agencies, and (2) cooperating with law enforcement 2381
officials. On and after January 1, 2022, no such policies and procedures 2382
shall result in a student facing greater discipline, punishment or 2383
sanction for use, sale or possession of cannabis than a student would 2384
face for the use, sale or possession of alcohol. 2385
Sec. 27. Subsections (a) to (e), inclusive, of section 10-233d of the 2386
general statutes are repealed and the following is substituted in lieu 2387
thereof (Effective October 1, 2023): 2388
(a) (1) Any local or regional board of education, at a meeting at which 2389
three or more members of such board are present, or the impartial 2390
hearing board established pursuant to subsection (b) of this section, may 2391
expel, subject to the provisions of this subsection, any pupil in grades 2392
three to twelve, inclusive, whose conduct on school grounds or at a 2393 Substitute Bill No. 6697
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school-sponsored activity is violative of a publicized policy of such 2394
board and is seriously disruptive of the educational process or 2395
endangers persons or property or whose conduct off school grounds is 2396
violative of such policy and is seriously disruptive of the educational 2397
process, provided a majority of the board members sitting in the 2398
expulsion hearing vote to expel and that at least three affirmative votes 2399
for expulsion are cast. In making a determination as to whether conduct 2400
is seriously disruptive of the educational process, the board of education 2401
or impartial hearing board may consider, but such consideration shall 2402
not be limited to: (A) Whether the incident occurred within close 2403
proximity of a school; (B) whether other students from the school were 2404
involved or whether there was any gang involvement; (C) whether the 2405
conduct involved violence, threats of violence or the unlawful use of a 2406
weapon, as defined in section 29-38, and whether any injuries occurred; 2407
and (D) whether the conduct involved the use of alcohol. 2408
(2) Expulsion proceedings pursuant to this section, except as 2409
provided in subsection (i) of this section, shall be required for any pupil 2410
in grades kindergarten to twelve, inclusive, whenever there is reason to 2411
believe that any pupil (A) on school grounds or at a school-sponsored 2412
activity, was in possession of a firearm, as defined in 18 USC 921, as 2413
amended from time to time, or deadly weapon, dangerous instrument 2414
or martial arts weapon, as defined in section 53a-3, (B) off school 2415
grounds, did possess such a firearm in violation of section 29-35 or did 2416
possess and use such a firearm, instrument or weapon in the 2417
commission of a crime under chapter 952, or (C) on or off school 2418
grounds, offered for sale or distribution a controlled substance, as 2419
defined in [subdivision (9) of] section 21a-240, as amended by this act, 2420
whose manufacture, distribution, sale, prescription, dispensing, 2421
transporting or possessing with intent to sell or dispense, offering, or 2422
administering is subject to criminal penalties under sections 21a-277, as 2423
amended by this act, and 21a-278, as amended by this act. Such a pupil 2424
shall be expelled for one calendar year if the local or regional board of 2425
education or impartial hearing board finds that the pupil did so possess 2426
or so possess and use, as appropriate, such a firearm, instrument or 2427 Substitute Bill No. 6697
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weapon or did so offer for sale or distribution such a controlled 2428
substance, provided the board of education or the hearing board may 2429
modify the period of expulsion for a pupil on a case-by-case basis, and 2430
as provided for in subdivision (2) of subsection (c) of this section. 2431
(3) Unless an emergency exists, no pupil shall be expelled without a 2432
formal hearing held pursuant to sections 4-176e to 4-180a, inclusive, and 2433
section 4-181a, provided whenever such pupil is a minor, the notice 2434
required by section 4-177 and section 4-180 shall also be given to the 2435
parents or guardian of the pupil at least five business days before such 2436
hearing. If an emergency exists, such hearing shall be held as soon after 2437
the expulsion as possible. The notice shall include information 2438
concerning the parent's or guardian's and the pupil's legal rights and 2439
concerning legal services provided free of charge or at a reduced rate 2440
that are available locally and how to access such services. An attorney 2441
or other advocate may represent any pupil subject to expulsion 2442
proceedings. The parent or guardian of the pupil shall have the right to 2443
have the expulsion hearing postponed for up to one week to allow time 2444
to obtain representation, except that if an emergency exists, such hearing 2445
shall be held as soon after the expulsion as possible. 2446
(b) For purposes of conducting expulsion hearings as required by 2447
subsection (a) of this section, any local or regional board of education or 2448
any two or more of such boards in cooperation may establish an 2449
impartial hearing board of one or more persons. No member of any such 2450
board or boards shall be a member of the hearing board. The hearing 2451
board shall have the authority to conduct the expulsion hearing and 2452
render a final decision in accordance with the provisions of sections 4-2453
176e to 4-180a, inclusive, and section 4-181a. 2454
(c) (1) In determining the length of an expulsion and the nature of the 2455
alternative educational opportunity to be offered under subsection (d) 2456
of this section, the local or regional board of education, or the impartial 2457
hearing board established pursuant to subsection (b) of this section, may 2458
receive and consider evidence of past disciplinary problems that have 2459
led to removal from a classroom, suspension or expulsion of such pupil. 2460 Substitute Bill No. 6697
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(2) For any pupil expelled for the first time pursuant to this section 2461
and who has never been suspended pursuant to section 10-233c, except 2462
for a pupil who has been expelled based on possession of a firearm or 2463
deadly weapon as described in subsection (a) of this section, the local or 2464
regional board of education may shorten the length of or waive the 2465
expulsion period if the pupil successfully completes a board-specified 2466
program and meets any other conditions required by the board. Such 2467
board-specified program shall not require the pupil or the parent or 2468
guardian of the pupil to pay for participation in the program. 2469
(d) No local or regional board of education is required to offer an 2470
alternative educational opportunity, except in accordance with this 2471
section. Any pupil under sixteen years of age who is expelled shall be 2472
offered an alternative educational opportunity, which shall be (1) 2473
alternative education, as defined by section 10-74j, with an 2474
individualized learning plan, if such board provides such alternative 2475
education, or (2) in accordance with the standards adopted by the State 2476
Board of Education, pursuant to section 10-233o, during the period of 2477
expulsion, provided any parent or guardian of such pupil who does not 2478
choose to have [his or her] such parent's or guardian's child enrolled in 2479
an alternative educational opportunity shall not be subject to the 2480
provisions of section 10-184. Any pupil expelled for the first time who 2481
is between the ages of sixteen and eighteen and who wishes to continue 2482
[his or her] such pupil's education shall be offered such an alternative 2483
educational opportunity if [he or she] such pupil complies with 2484
conditions established by [his or her] such pupil's local or regional board 2485
of education. Such alternative educational opportunity may include, but 2486
shall not be limited to, the placement of a pupil who is at least seventeen 2487
years of age in an adult education program pursuant to section 10-69. 2488
Any pupil participating in any such adult education program during a 2489
period of expulsion shall not be required to withdraw from school under 2490
section 10-184. A local or regional board of education shall count the 2491
expulsion of a pupil when [he] the pupil was under sixteen years of age 2492
for purposes of determining whether an alternative educational 2493
opportunity is required for such pupil when [he] such pupil is between 2494 Substitute Bill No. 6697
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the ages of sixteen and eighteen. A local or regional board of education 2495
may offer an alternative educational opportunity to a pupil for whom 2496
such alternative educational opportunity is not required pursuant to 2497
this section. 2498
(e) If a pupil is expelled pursuant to this section for possession of a 2499
firearm, as defined in 18 USC 921, as amended from time to time, or 2500
deadly weapon, dangerous instrument or martial arts weapon, as 2501
defined in section 53a-3, the board of education shall report the violation 2502
to the local police department or in the case of a student enrolled in a 2503
technical education and career school to the state police. If a pupil is 2504
expelled pursuant to this section for the sale or distribution of a 2505
controlled substance, as defined in [subdivision (9) of] section 21a-240, 2506
as amended by this act, whose manufacture, distribution, sale, 2507
prescription, dispensing, transporting or possessing with the intent to 2508
sell or dispense, offering, or administration is subject to criminal 2509
penalties under sections 21a-277, as amended by this act, and 21a-278, 2510
as amended by this act, the board of education shall refer the pupil to 2511
an appropriate state or local agency for rehabilitation, intervention or 2512
job training, or any combination thereof, and inform the agency of its 2513
action. 2514
Sec. 28. Section 10a-18 of the general statutes is repealed and the 2515
following is substituted in lieu thereof (Effective October 1, 2023): 2516
On and after September 1, 1974, all state institutions of higher 2517
education shall offer a program of information concerning drugs, as 2518
defined in [subdivision (17) of] section 21a-240, as amended by this act, 2519
and alcohol and instruction in the use and the relationships of such 2520
drugs and alcohol to health and personality development, and in 2521
procedures for discouraging their abuse, which programs shall be 2522
coordinated with those developed under section 10-19, as amended by 2523
this act. 2524
Sec. 29. Subdivision (4) of subsection (a) of section 10a-55c of the 2525
general statutes is repealed and the following is substituted in lieu 2526 Substitute Bill No. 6697
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thereof (Effective October 1, 2023): 2527
(4) A statement of policy regarding the possession, use and sale of 2528
alcoholic beverages and controlled substances, as defined in 2529
[subdivision (9) of] section 21a-240, as amended by this act; 2530
Sec. 30. Subsection (b) of section 20-34 of the general statutes is 2531
repealed and the following is substituted in lieu thereof (Effective October 2532
1, 2023): 2533
(b) For purposes of subsection (a) of this section, "natural substances" 2534
means substances that are not narcotic substances, as defined in 2535
[subdivision (30) of] section 21a-240, as amended by this act, do not 2536
require the written or oral prescription of a licensed practitioner to be 2537
dispensed and are only administered orally. 2538
Sec. 31. Subsection (a) of section 21a-248 of the general statutes is 2539
repealed and the following is substituted in lieu thereof (Effective October 2540
1, 2023): 2541
(a) A licensed manufacturer or wholesaler may sell and dispense 2542
controlled drugs to any of the following-named persons, but in the case 2543
of schedule II drugs only on an official written order or electronically 2544
through the Drug Enforcement Agency's Controlled Substance 2545
Ordering System: (1) To a manufacturer, wholesaler or pharmacist; (2) 2546
to a physician, dentist or veterinarian; (3) to a person in charge of a 2547
hospital, incorporated college or scientific institution, but only for use 2548
by or in that hospital, incorporated college or scientific institution for 2549
medical or scientific purposes; (4) to a person in charge of a laboratory, 2550
but only for use in that laboratory for scientific and medical purposes; 2551
and (5) to any registrant as defined in [subdivision (47) of] section 21a-2552
240, as amended by this act. 2553
Sec. 32. Section 21a-263 of the general statutes is repealed and the 2554
following is substituted in lieu thereof (Effective October 1, 2023): 2555
The Commissioner of Consumer Protection may receive, take into 2556 Substitute Bill No. 6697
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custody or destroy any drug paraphernalia as defined in subdivision 2557
[(20)] (19) of section 21a-240, as amended by this act. Said commissioner 2558
shall keep a full and complete record of all drug paraphernalia received 2559
and disposed of, showing the exact kinds, quantities and forms of such 2560
drug paraphernalia, the persons from whom received, by whose 2561
authority received and destroyed, and the dates of the receipt or 2562
destruction. Drug paraphernalia held by law enforcement agencies or 2563
court officials as evidence in criminal proceedings, or drug 2564
paraphernalia seized or held as contraband shall be destroyed upon the 2565
order of the court by the seizing authority or delivered to the 2566
Commissioner of Consumer Protection as soon as possible upon 2567
termination of the proceedings or resolution of the case. 2568
Sec. 33. Subsection (a) of section 21a-267 of the general statutes is 2569
repealed and the following is substituted in lieu thereof (Effective October 2570
1, 2023): 2571
(a) No person shall use or possess with intent to use drug 2572
paraphernalia, as defined in subdivision [(20)] (19) of section 21a-240, as 2573
amended by this act, to plant, propagate, cultivate, grow, harvest, 2574
manufacture, compound, convert, produce, process, prepare, test, 2575
analyze, pack, repack, store, contain or conceal, or to ingest, inhale or 2576
otherwise introduce into the human body, any controlled substance, as 2577
defined in [subdivision (9) of] section 21a-240, as amended by this act, 2578
other than cannabis. Any person who violates any provision of this 2579
subsection shall be guilty of a class C misdemeanor. 2580
Sec. 34. Section 21a-270 of the general statutes is repealed and the 2581
following is substituted in lieu thereof (Effective October 1, 2023): 2582
In determining whether any object or material listed in subdivision 2583
[(20)] (19) of section 21a-240, as amended by this act, shall be deemed 2584
"drug paraphernalia", a court or other authority shall, in addition to all 2585
other logically relevant factors, consider the following: 2586
(1) Statements by an owner or by anyone in control of the object 2587 Substitute Bill No. 6697
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concerning its use; 2588
(2) The proximity of the object to any controlled substances; 2589
(3) The existence of any residue of controlled substances on the object; 2590
(4) Evidence of the intent of an owner, or of anyone in control of the 2591
object, to deliver it to persons whom he knows, or should reasonably 2592
know, intend to use the object to facilitate a violation of this section, 2593
subdivision [(20)] (19) of section 21a-240, as amended by this act, and 2594
sections 21a-263, as amended by this act, 21a-267, as amended by this 2595
act, and 21a-271, as amended by this act; 2596
(5) Instructions, oral or written, provided with the object concerning 2597
its use with a controlled substance; 2598
(6) Descriptive materials accompanying the object which explain or 2599
depict its use with a controlled substance; 2600
(7) National and local advertising concerning its use; 2601
(8) The manner in which the object is displayed for sale; 2602
(9) Whether the owner, or anyone in control of the object, is a 2603
legitimate supplier of like or related items to the community, such as a 2604
licensed distributor or dealer of tobacco products; 2605
(10) Evidence of the ratio of sales of the object to the total sales of the 2606
business enterprise; 2607
(11) The existence and scope of legitimate uses for the object in the 2608
community; 2609
(12) Expert testimony concerning its use. 2610
Sec. 35. Section 21a-271 of the general statutes is repealed and the 2611
following is substituted in lieu thereof (Effective October 1, 2023): 2612
If any section, part, clause or phrase in subdivision [(20)] (19) of 2613 Substitute Bill No. 6697
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section 21a-240, as amended by this act, section 21a-263, as amended by 2614
this act, 21a-267, as amended by this act, 21a-270, as amended by this 2615
act, or this section, is for any reason held to be invalid or 2616
unconstitutional, sections, parts, clauses and phrases in said sections not 2617
held to be invalid or unconstitutional shall not be affected and shall 2618
remain in full force and effect. 2619
Sec. 36. Subsection (c) of section 21a-277 of the general statutes is 2620
repealed and the following is substituted in lieu thereof (Effective October 2621
1, 2023): 2622
(c) No person may knowingly possess drug paraphernalia in a drug 2623
factory situation as defined by subdivision [(20)] (19) of section 21a-240, 2624
as amended by this act, for the unlawful mixing, compounding or 2625
otherwise preparing any controlled substance for purposes of violation 2626
of this chapter. 2627
Sec. 37. Subdivision (1) of subsection (b) of section 21a-278 of the 2628
general statutes is repealed and the following is substituted in lieu 2629
thereof (Effective October 1, 2023): 2630
(b) (1) No person may manufacture, distribute, sell, prescribe, 2631
dispense, compound, transport with the intent to sell or dispense, 2632
possess with the intent to sell or dispense, offer, give or administer to 2633
another person, except as authorized in this chapter or chapter 420f, (A) 2634
a narcotic substance, (B) a hallucinogenic substance, (C) an 2635
amphetamine-type substance, or (D) one kilogram or more of [a 2636
cannabis-type substance] marijuana. The provisions of this subdivision 2637
shall not apply to a person who is, at the time of the commission of the 2638
offense, a drug-dependent person. 2639
Sec. 38. Subsection (k) of section 21a-420d of the general statutes is 2640
repealed and the following is substituted in lieu thereof (Effective October 2641
1, 2023): 2642
(k) The council shall develop criteria for evaluating the ownership 2643
and control of any equity joint venture created under section 21a-420m, 2644 Substitute Bill No. 6697
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as amended by this act, 21a-420u, as amended by this act, or section 21a-2645
420j, as amended by this act, and shall review and approve or deny in 2646
writing such equity joint venture prior to such equity joint venture being 2647
licensed under section 21a-420m, as amended by this act, 21a-420u, as 2648
amended by this act, or section 21a-420j, as amended by this act. After 2649
developing criteria for social equity plans as described in subdivision 2650
(5) of subsection (h) of this section, the council shall review and approve 2651
or deny in writing any such plan submitted by a cannabis establishment 2652
as part of its final license application. The council shall not approve any 2653
equity joint venture applicant which shares with an equity joint venture 2654
any individual owner who meets the criteria established in 2655
subparagraphs (A) and (B) of subdivision [(48)] (47) of section 21a-420, 2656
as amended by this act. 2657
Sec. 39. Subsection (a) of section 54-142v of the general statutes is 2658
repealed and the following is substituted in lieu thereof (Effective October 2659
1, 2023): 2660
(a) (1) Any person who has been convicted in any court in this state 2661
(A) (i) on October 1, 2015, or thereafter, and prior to July 1, 2021, or (ii) 2662
prior to January 1, 2000, of a violation of section 21a-279 for possession 2663
of [a cannabis-type substance] cannabis and the amount possessed was 2664
less than or equal to four ounces of such substance, (B) prior to July 1, 2665
2021, of a violation of subsection (a) of section 21a-267, as amended by 2666
this act, for use or possession with intent to use of drug paraphernalia 2667
to store, contain or conceal, or to ingest, inhale or otherwise introduce 2668
into the human body cannabis, or (C) prior to July 1, 2021, of a violation 2669
of subsection (b) of section 21a-277 for manufacturing, distributing, 2670
selling, prescribing, compounding, transporting with the intent to sell 2671
or dispense, possessing with the intent to sell or dispense, offering, 2672
giving or administering to another person [a cannabis-type substance] 2673
cannabis and the amount involved was less than or equal to four ounces 2674
or six plants grown inside such person's own primary residence for 2675
personal use may file a petition with the Superior Court at the location 2676
in which such conviction was effected, or with the Superior Court at the 2677 Substitute Bill No. 6697
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location having custody of the records of such conviction or if such 2678
conviction was in the Court of Common Pleas, Circuit Court, municipal 2679
court or by a trial justice, in the Superior Court where venue would 2680
currently exist for criminal prosecution, for an order of erasure. 2681
(2) As part of such petition, such person shall include a copy of the 2682
arrest record or an affidavit supporting such person's petition that, in 2683
the case of a violation of section 21a-279, such person possessed four 2684
ounces or less of [a cannabis-type substance] cannabis for which such 2685
person was convicted, in the case of a violation of subsection (a) of 2686
section 21a-267, as amended by this act, such person used or possessed 2687
with intent to use such drug paraphernalia only to store, contain or 2688
conceal, or to ingest, inhale or otherwise introduce into the human body 2689
cannabis or in the case of a violation of subsection (b) of section 21a-277, 2690
such person manufactured, distributed, sold, prescribed, compounded, 2691
transported with the intent to sell or dispense, possessed with the intent 2692
to sell or dispense, offered, gave or administered to another person less 2693
than or equal to four ounces of [a cannabis-type substance] marijuana or 2694
six cannabis plants grown inside such person's own primary residence 2695
for personal use. 2696
(3) If such petition is in order, the Superior Court shall direct all police 2697
and court records and records of the state's or prosecuting attorney 2698
pertaining to such offense to be erased pursuant to the provisions of 2699
section 54-142a. 2700
(4) No fee may be charged in any court with respect to any petition 2701
under this subsection. 2702
Sec. 40. Section 38a-492 of the general statutes is repealed and the 2703
following is substituted in lieu thereof (Effective October 1, 2023): 2704
No individual health insurance policy providing coverage of the type 2705
specified in subdivisions (1), (2), (4), (6), (10) and (11) of section 38a-469 2706
shall be delivered, issued for delivery or renewed in this state, or 2707
amended to substantially alter or change benefits or coverage, on or 2708 Substitute Bill No. 6697
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after July 1, 1975, unless persons covered under such policy will be 2709
eligible for benefits for expenses of emergency medical care arising from 2710
accidental ingestion or consumption of a controlled drug, as defined by 2711
[subdivision (8) of] section 21a-240, as amended by this act, which are at 2712
least equal to the following minimum requirements: (1) In the case of 2713
benefits based upon confinement as an inpatient in a hospital, whether 2714
or not operated by the state, the period of confinement for which 2715
benefits shall be payable shall be at least thirty days in any calendar 2716
year. (2) For covered expenses incurred by the insured while other than 2717
an inpatient in a hospital, benefits shall be available for such expenses 2718
during any calendar year up to a maximum of five hundred dollars. For 2719
purposes of this section, the term "covered expenses" means the 2720
reasonable charges for treatment deemed necessary under generally 2721
accepted medical standards. 2722
Sec. 41. Section 38a-518 of the general statutes is repealed and the 2723
following is substituted in lieu thereof (Effective October 1, 2023): 2724
No group health insurance policy providing coverage of the type 2725
specified in subdivisions (1), (2), (4), (6) and (11) of section 38a-469 shall 2726
be delivered, issued for delivery or renewed in this state, or amended to 2727
substantially alter or change benefits or coverage, on or after July 1, 1975, 2728
unless persons covered under such policy will be eligible for benefits for 2729
expenses of emergency medical care arising from accidental ingestion 2730
or consumption of a controlled drug, as defined by [subdivision (8) of] 2731
section 21a-240, as amended by this act, which are at least equal to the 2732
following minimum requirements: (1) In the case of benefits based upon 2733
confinement as an inpatient in a hospital, whether or not operated by 2734
the state, the period of confinement for which benefits shall be payable 2735
shall be at least thirty days in any calendar year. (2) For covered 2736
expenses incurred by the insured while other than an inpatient in a 2737
hospital, benefits shall be available for such expenses during any 2738
calendar year up to a maximum of five hundred dollars. For purposes 2739
of this section, the term "covered expenses" means the reasonable 2740
charges for treatment deemed necessary under generally accepted 2741 Substitute Bill No. 6697
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medical standards. 2742
Sec. 42. Subdivision (6) of subsection (a) of section 53a-18 of the 2743
general statutes is repealed and the following is substituted in lieu 2744
thereof (Effective October 1, 2023): 2745
(6) A teacher or other person entrusted with the care and supervision 2746
of a minor for school purposes may use reasonable physical force upon 2747
such minor when and to the extent such teacher or other person 2748
reasonably believes such force to be necessary to (A) protect [himself or 2749
herself] such teacher, other person or others from immediate physical 2750
injury, (B) obtain possession of a dangerous instrument or controlled 2751
substance, as defined in [subdivision (9) of] section 21a-240, as amended 2752
by this act, upon or within the control of such minor, (C) protect 2753
property from physical damage, or (D) restrain such minor or remove 2754
such minor to another area, to maintain order. 2755
Sec. 43. Subsections (c) to (g), inclusive, of section 54-36a of the 2756
general statutes are repealed and the following is substituted in lieu 2757
thereof (Effective October 1, 2023): 2758
(c) Unless such seized property is stolen property and is ordered 2759
returned pursuant to subsection (b) of this section or unless such seized 2760
property is adjudicated a nuisance in accordance with section 54-33g, or 2761
unless the court finds that such property shall be forfeited or is 2762
contraband, or finds that such property is a controlled drug [, a] or 2763
controlled substance as defined in section 21a-240, as amended by this 2764
act, or drug paraphernalia as defined in subdivision [(8), (9) or (20)] (19) 2765
of section 21a-240, as amended by this act, it shall, at the final disposition 2766
of the criminal action or as soon thereafter as is practical, or, if there is 2767
no criminal action, at any time upon motion of the prosecuting official 2768
of such court, order the return of such property to its owner within six 2769
months upon proper claim therefor. 2770
(d) When the court orders the return of the seized property to the 2771
owner, the order shall provide that if the seized property is not claimed 2772 Substitute Bill No. 6697
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by the owner within six months, the property shall be destroyed or be 2773
given to a charitable or educational institution or to a governmental 2774
agency or institution, except that (1) if such property is money it shall 2775
be remitted to the state and shall be deposited in the General Fund or 2776
(2) if such property is a valuable prize it shall be disposed of by public 2777
auction or private sale in which case the proceeds shall become the 2778
property of the state and shall be deposited in the General Fund; 2779
provided any person who has a bona fide mortgage, assignment of lease 2780
or rent, lien or security interest in such property shall have the same 2781
right to the proceeds as [he] such person had in the property prior to the 2782
sale. 2783
(e) If such seized property is adjudicated a nuisance or if the court 2784
finds that such property shall be forfeited or is contraband other than a 2785
controlled drug [, a] or controlled substance as defined in section 21a-2786
240, as amended by this act, or drug paraphernalia as defined in 2787
subdivision [(8), (9) or (20)] (19) of section 21a-240, as amended by this 2788
act, the court shall order that such property be destroyed or be given to 2789
a charitable or educational institution or to a governmental agency or 2790
institution, except that (1) if such property is money, the court shall 2791
order that it be remitted to the state and be deposited in the General 2792
Fund, or (2) if such property is a valuable prize, the court shall order 2793
that it be disposed of by public auction or private sale in which case the 2794
proceeds shall become the property of the state and shall be deposited 2795
in the General Fund; provided any person who has a bona fide 2796
mortgage, assignment of lease or rent, lien or security interest in such 2797
property shall have the same right to the proceeds as [he] such person 2798
had in the property prior to sale. 2799
(f) If the court finds that such seized property is fireworks as defined 2800
in section 29-356, the court shall order the forfeiture and destruction of 2801
such property. Any secondary evidence of the identity, description or 2802
value of such property shall be admissible in evidence against the 2803
defendant in the trial of the case. A photograph of the fireworks and a 2804
sworn affidavit describing such fireworks shall be sufficient evidence of 2805 Substitute Bill No. 6697
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the identity of the fireworks. The fact that the evidence is secondary in 2806
nature may be shown to affect the weight of such evidence, but not to 2807
affect its admissibility. 2808
(g) If the court finds that such seized property is a controlled drug [, 2809
a] or controlled substance as defined in section 21a-240, as amended by 2810
this act, or drug paraphernalia as defined in subdivision [(8), (9) or (20)] 2811
(19) of section 21a-240, as amended by this act, the court shall order the 2812
forfeiture and destruction of such property or order it delivered to the 2813
Commissioner of Consumer Protection pursuant to section 54-36g, as 2814
amended by this act. 2815
Sec. 44. Subsection (a) of section 54-36g of the general statutes is 2816
repealed and the following is substituted in lieu thereof (Effective October 2817
1, 2023): 2818
(a) At any time after the seizure of a controlled drug or a controlled 2819
substance [,] as defined in [subdivision (8) or (9) of] section 21a-240, as 2820
amended by this act, or drug paraphernalia [,] as defined in subdivision 2821
[(20)] (19) of section 21a-240, as amended by this act, in connection with 2822
a criminal arrest or pursuant to a search warrant without an arrest, the 2823
prosecuting official of the court for the geographical area in which the 2824
criminal offense is alleged to have been committed may petition the 2825
court for destruction of such controlled drug, controlled substance or 2826
drug paraphernalia. After notice, by certified or registered mail to the 2827
defendant and [his] the defendant's attorney, and hearing on the 2828
petition, the court may order the forfeiture and destruction of such 2829
controlled drug, controlled substance or drug paraphernalia, under 2830
procedures and to the extent determined by the court, or order it 2831
delivered to the Commissioner of Consumer Protection as soon as 2832
possible. Such order shall be in writing and shall provide for the analysis 2833
of representative samples of such controlled drug, controlled substance 2834
or drug paraphernalia. The results of such analysis shall be recorded on 2835
a certificate signed by the person making the analysis, witnessed and 2836
acknowledged pursuant to section 1-29. Such certificate shall be prima 2837
facie evidence of the composition and quality of such controlled drug, 2838 Substitute Bill No. 6697
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controlled substance or drug paraphernalia. 2839
Sec. 45. Subdivision (1) of subsection (a) of section 54-36h of the 2840
general statutes is repealed and the following is substituted in lieu 2841
thereof (Effective October 1, 2023): 2842
(1) All moneys used, or intended for use, in the procurement, 2843
manufacture, compounding, processing, delivery or distribution of any 2844
controlled substance, as defined in [subdivision (9) of] section 21a-240, 2845
as amended by this act; 2846
Sec. 46. Section 21a-421b of the general statutes is repealed and the 2847
following is substituted in lieu thereof (Effective October 1, 2023): 2848
(a) For the purposes of this section: 2849
(1) "Applicant" means an entity applying for an initial or renewal 2850
cannabis establishment or cannabis testing laboratory license; 2851
(2) "Entity" means an association, company, corporation, 2852
organization, partnership, sole proprietorship or trust; 2853
(3) "Executive managerial control" means, with respect to an 2854
individual, the authority or power to direct or influence the direction or 2855
operation of an applicant through agreement, board membership, 2856
contract or voting power; 2857
(4) "Manager" means an individual who is not a key employee and 2858
has (A) an ownership interest in an applicant, and (B) executive 2859
managerial control of an applicant; 2860
(5) "Owner" means an individual who has more than a five per cent 2861
ownership interest in an applicant; and 2862
(6) "Ownership interest" means the possession of equity in the assets, 2863
capital, profits or stock of an applicant. 2864
[(a) On and after July 1, 2021, the] (b) The commissioner shall require 2865 Substitute Bill No. 6697
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[all individuals listed on an application for a cannabis establishment 2866
license, laboratory or research program license, or key employee license 2867
to submit to] that a fingerprint-based state and national criminal history 2868
records [checks before such license is issued. The criminal history 2869
records checks required pursuant to this subsection shall] check be 2870
conducted in accordance with section 29-17a [. Upon renewal, the] for 2871
each key employee, manager and owner of an applicant. The 2872
commissioner may require [all individuals listed on an application for a 2873
cannabis establishment license, laboratory or research program license, 2874
or key employee license to be fingerprinted and] such key employees, 2875
managers and owners to submit to a state and national criminal history 2876
records check conducted in accordance with section 29-17a before [such 2877
renewal] issuing a license [is issued] renewal. 2878
(c) A key employee, manager or owner shall be denied a license in 2879
the event that the key employee's background check reveals a 2880
disqualifying conviction. 2881
[(b)] (d) The department shall charge the applicant a fee equal to the 2882
amount charged to the department to conduct a state and national 2883
criminal history records check of the applicant. 2884
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2023 21a-240
Sec. 2 October 1, 2023 21a-408
Sec. 3 from passage 21a-408b(a)
Sec. 4 October 1, 2023 21a-408j(a)
Sec. 5 October 1, 2023 21a-408k
Sec. 6 October 1, 2023 21a-408r(a) to (d)
Sec. 7 October 1, 2023 21a-408s
Sec. 8 October 1, 2023 21a-408u
Sec. 9 October 1, 2023 21a-420
Sec. 10 from passage 21a-420e
Sec. 11 from passage 21a-420g(a) to (i)
Sec. 12 from passage 21a-420j(e)
Sec. 13 from passage 21a-420m(f) Substitute Bill No. 6697
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Sec. 14 October 1, 2023 21a-420m(b)
Sec. 15 October 1, 2023 21a-420n(d)
Sec. 16 October 1, 2023 21a-420p(e)
Sec. 17 October 1, 2023 21a-420r(b)
Sec. 18 from passage 21a-420u(f)
Sec. 19 October 1, 2023 21a-420u(b) to (d)
Sec. 20 October 1, 2023 21a-421bb(a) to (d)
Sec. 21 October 1, 2023 47a-9a(a)
Sec. 22 October 1, 2023 22-61l
Sec. 23 October 1, 2023 22-61m
Sec. 24 October 1, 2023 10-19(a)
Sec. 25 October 1, 2023 10-220a(a)
Sec. 26 October 1, 2023 10-221(e)
Sec. 27 October 1, 2023 10-233d(a) to (e)
Sec. 28 October 1, 2023 10a-18
Sec. 29 October 1, 2023 10a-55c(a)(4)
Sec. 30 October 1, 2023 20-34(b)
Sec. 31 October 1, 2023 21a-248(a)
Sec. 32 October 1, 2023 21a-263
Sec. 33 October 1, 2023 21a-267(a)
Sec. 34 October 1, 2023 21a-270
Sec. 35 October 1, 2023 21a-271
Sec. 36 October 1, 2023 21a-277(c)
Sec. 37 October 1, 2023 21a-278(b)(1)
Sec. 38 October 1, 2023 21a-420d(k)
Sec. 39 October 1, 2023 54-142v(a)
Sec. 40 October 1, 2023 38a-492
Sec. 41 October 1, 2023 38a-518
Sec. 42 October 1, 2023 53a-18(a)(6)
Sec. 43 October 1, 2023 54-36a(c) to (g)
Sec. 44 October 1, 2023 54-36g(a)
Sec. 45 October 1, 2023 54-36h(a)(1)
Sec. 46 October 1, 2023 21a-421b
Statement of Legislative Commissioners:
In Section 1(3), "[include] mean" was changed to "include" for clarity and
consistency; Section 9(1) was rewritten for consistency with standard
drafting conventions and accuracy; in Section 9(31)(B)(iv), "or" was
changed to "and" for consistency with standard drafting conventions; in
Section 10(g)(3)(A)(ii), "agrees not to disclose" was changed to "agrees to Substitute Bill No. 6697
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not disclose" and "to" was inserted before "deidentify" for clarity; in
Section 11(d)(1) and (4), "[the] that" was changed to "the applicable" for
consistency with standard drafting conventions; in Section 11(g), "from
such application" was added before "all backers" for clarity; in Section
23(n)(2), "for testing" was added after "batch" for clarity; in Section
23(aa), "officers, and publish a training bulletin, informing" was
changed to "officers and publish a training bulletin to inform" for clarity;
in Section 39(a)(1)(C) and (2), "as amended by this act" was deleted for
consistency with standard drafting conventions; in Section 46(a)(3), "in
the case of" was changed to "with respect to" for clarity; and in Section
46(b), "such" was added before "key" for consistency.
GL Joint Favorable Subst.