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| 6 | + | ||
| 7 | + | General Assembly Substitute Bill No. 6699 | |
| 8 | + | January Session, 2023 | |
| 1 | 9 | ||
| 2 | 10 | ||
| 3 | 11 | ||
| 4 | - | Substitute House Bill No. 6699 | |
| 5 | - | ||
| 6 | - | Public Act No. 23-79 | |
| 7 | 12 | ||
| 8 | 13 | ||
| 9 | 14 | AN ACT CONCERNING CANNABIS REGULATION. | |
| 10 | 15 | Be it enacted by the Senate and House of Representatives in General | |
| 11 | 16 | Assembly convened: | |
| 12 | 17 | ||
| 13 | - | Section 1. Section 21a-240 of the general statutes is repealed and the | |
| 14 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
| 15 | - | The following words and phrases, as used in this chapter, shall have | |
| 16 | - | the following meanings, unless the context otherwise requires: | |
| 17 | - | (1) "Abuse of drugs" means the use of controlled substances solely for | |
| 18 | - | their stimulant, depressant or hallucinogenic effect upon the higher | |
| 19 | - | functions of the central nervous system and not as a therapeutic agent | |
| 20 | - | prescribed in the course of medical treatment or in a program of | |
| 21 | - | research operated under the direction of a physician or pharmacologist. | |
| 22 | - | [;] | |
| 23 | - | (2) "Administer" means the direct application of a controlled | |
| 24 | - | substance, whether by injection, inhalation, ingestion or any other | |
| 25 | - | means, to the body of a patient or research subject by: (A) A practitioner, | |
| 26 | - | or, in [his] the practitioner's presence, by [his] the practitioner's | |
| 27 | - | authorized agent, or (B) the patient or research subject at the direction | |
| 28 | - | and in the presence of the practitioner, or (C) a nurse or intern under the | |
| 29 | - | direction and supervision of a practitioner. [;] Substitute House Bill No. 6699 | |
| 18 | + | Section 1. Section 21a-420 of the general statutes is repealed and the 1 | |
| 19 | + | following is substituted in lieu thereof (Effective July 1, 2023): 2 | |
| 20 | + | As used in RERACA, unless the context otherwise requires: 3 | |
| 21 | + | (1) "Responsible and Equitable Regulation of Adult-Use Cannabis 4 | |
| 22 | + | Act" or "RERACA" means this section, sections 2-56j, 7-294kk, 7-294ll, 5 | |
| 23 | + | 12-330ll to 12-330nn, inclusive, 14-227p, 21a-278b, as amended by this 6 | |
| 24 | + | act, 21a-278c, 21a-279c, 21a-279d, 21a-420a to [21a-420i] 21a-420j, 7 | |
| 25 | + | inclusive, as amended by this act, 21a-420l to 21a-421r, inclusive, 21a-8 | |
| 26 | + | 421aa to 21a-421ff, inclusive, 21a-421aaa to [21a-421ggg] 21a-421hhh, 9 | |
| 27 | + | inclusive, 21a-422 to 21a-422c, inclusive, 21a-422e to 21a-422g, inclusive, 10 | |
| 28 | + | 21a-422j to 21a-422s, inclusive, 22-61n, 23-4b, 47a-9a, 53-247a, 53a-213a, 11 | |
| 29 | + | 53a-213b, 54-33p, 54-56q, 54-56r, 54-125k and 54-142u, sections 23, 60, 63 12 | |
| 30 | + | to 65, inclusive, 124, 144 and 165 of public act 21-1 of the June special 13 | |
| 31 | + | session, and the amendments in public act 21-1 of the June special 14 | |
| 32 | + | session to sections 7-148, 10-221, 12-30a, 12-35b, 12-412, 12-650, 12-704d, 15 | |
| 33 | + | 14-44k, 14-111e, 14-227a to 14-227c, inclusive, 14-227j, 15-140q, 15-140r, 16 | |
| 34 | + | 18-100h, 19a-342, 19a-342a, 21a-267, 21a-277, 21a-279, 21a-279a, 21a-408 17 | |
| 35 | + | to 21a-408f, inclusive, 21a-408h to 21a-408p, inclusive, 21a-408r to 21a-18 Substitute Bill No. 6699 | |
| 30 | 36 | ||
| 31 | - | Public Act No. 23-79 2 of 136 | |
| 32 | 37 | ||
| 33 | - | (3) "Agent" means an authorized person who acts on behalf of or at | |
| 34 | - | the direction of a manufacturer, distributor, dispenser or prescribing | |
| 35 | - | practitioner, [. It] but does not include a common or contract carrier, | |
| 36 | - | public warehouseman, or employee of the carrier or warehouseman. [;] | |
| 37 | - | (4) "Amphetamine-type substances" include amphetamine, optical | |
| 38 | - | isomers thereof, salts of amphetamine and its isomers, and chemical | |
| 39 | - | compounds which are similar thereto in chemical structure or which are | |
| 40 | - | similar thereto in physiological effect, and which show a like potential | |
| 41 | - | for abuse, which are controlled substances under this chapter unless | |
| 42 | - | modified. [;] | |
| 43 | - | (5) "Barbiturate-type drugs" include barbituric acid and its salts, | |
| 44 | - | derivatives thereof and chemical compounds which are similar thereto | |
| 45 | - | in chemical structure or which are similar thereto in physiological effect, | |
| 46 | - | and which show a like potential for abuse, which are controlled | |
| 47 | - | substances under this chapter unless modified. [;] | |
| 48 | - | (6) "Bureau" means the Bureau of Narcotics and Dangerous Drugs, | |
| 49 | - | United States Department of Justice, or its successor agency. [;] | |
| 50 | - | (7) "Cannabis-type substances" include all parts of any plant, or | |
| 51 | - | species of the genus cannabis or any infra specific taxon thereof whether | |
| 52 | - | growing or not; the seeds thereof; the resin extracted from any part of | |
| 53 | - | such a plant; and every compound, manufacture, salt, derivative, | |
| 54 | - | mixture or preparation of such plant, its seeds or resin; but shall not | |
| 55 | - | include the mature stalks of such plant, fiber produced from such stalks, | |
| 56 | - | oil or cake made from the seeds of such plant, any other compound, | |
| 57 | - | manufacture, salt, derivative, mixture or preparation of such mature | |
| 58 | - | stalks, except the resin extracted therefrom, fiber, oil or cake, the | |
| 59 | - | sterilized seed of such plant which is incapable of germination, or hemp, | |
| 60 | - | as defined in 7 USC 1639o, as amended from time to time. Included are | |
| 61 | - | cannabinon, cannabinol, cannabidiol and chemical compounds which | |
| 62 | - | are similar to cannabinon, cannabinol or cannabidiol in chemical Substitute House Bill No. 6699 | |
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| 63 | 41 | ||
| 64 | - | Public Act No. 23-79 3 of 136 | |
| 42 | + | 408v, inclusive, 30-89a, 31-40q, 32-39, 46b-120, 51-164n, 53-394, 53a-39c, 19 | |
| 43 | + | 54-1m, 54-33g, 54-41b, 54-56e, 54-56g, 54-56i, 54-56k, 54-56n, 54-63d, 54-20 | |
| 44 | + | 66a [,] and 54-142e, [21a-421hhh and 21a-420j] and section 2 of this act; 21 | |
| 45 | + | (2) "Backer" means any individual with a direct or indirect financial 22 | |
| 46 | + | interest in a cannabis establishment. "Backer" does not include an 23 | |
| 47 | + | individual with an investment interest in a cannabis establishment if (A) 24 | |
| 48 | + | the interest held by such individual and such individual's spouse, 25 | |
| 49 | + | parent or child, in the aggregate, does not exceed five per cent of the 26 | |
| 50 | + | total ownership or interest rights in such cannabis establishment, and 27 | |
| 51 | + | (B) such individual does not participate directly or indirectly in the 28 | |
| 52 | + | control, management or operation of the cannabis establishment; 29 | |
| 53 | + | (3) "Cannabis" means marijuana, as defined in section 21a-240; 30 | |
| 54 | + | (4) "Cannabis establishment" means a producer, dispensary facility, 31 | |
| 55 | + | cultivator, micro-cultivator, retailer, hybrid retailer, food and beverage 32 | |
| 56 | + | manufacturer, product manufacturer, product packager, delivery 33 | |
| 57 | + | service or transporter; 34 | |
| 58 | + | (5) "Cannabis flower" means the flower, including abnormal and 35 | |
| 59 | + | immature flowers, of a plant of the genus cannabis that has been 36 | |
| 60 | + | harvested, dried, [and] cured, chopped or ground, and prior to any 37 | |
| 61 | + | processing whereby the flower material is transformed into a cannabis 38 | |
| 62 | + | product. "Cannabis flower" does not include (A) the leaves or stem of 39 | |
| 63 | + | such plant, or (B) hemp, as defined in section 22-61l; 40 | |
| 64 | + | (6) "Cannabis trim" means all parts, including abnormal or immature 41 | |
| 65 | + | parts, of a plant of the genus cannabis, other than cannabis flower, that 42 | |
| 66 | + | have been harvested, dried and cured, and prior to any processing 43 | |
| 67 | + | whereby the plant material is transformed into a cannabis product. 44 | |
| 68 | + | "Cannabis trim" does not include hemp, as defined in section 22-61l; 45 | |
| 69 | + | (7) "Cannabis product" means cannabis, intended for use or 46 | |
| 70 | + | consumption, that is in the form of (A) a cannabis concentrate, or (B) a 47 | |
| 71 | + | product that contains cannabis [, which may be combined with other 48 | |
| 72 | + | ingredients, and is intended for use or consumption] and at least one 49 Substitute Bill No. 6699 | |
| 65 | 73 | ||
| 66 | - | structure or which are similar thereto in physiological effect, and which | |
| 67 | - | show a like potential for abuse, which are controlled substances under | |
| 68 | - | this chapter unless derived from hemp, as defined in section 22-61l, as | |
| 69 | - | amended by this act. [;] | |
| 70 | - | (8) "Controlled drugs" are those drugs which contain any quantity of | |
| 71 | - | a substance which has been designated as subject to the federal | |
| 72 | - | Controlled Substances Act, or which has been designated as a | |
| 73 | - | depressant or stimulant drug pursuant to federal food and drug laws, | |
| 74 | - | or which has been designated by the Commissioner of Consumer | |
| 75 | - | Protection pursuant to section 21a-243, as having a stimulant, | |
| 76 | - | depressant or hallucinogenic effect upon the higher functions of the | |
| 77 | - | central nervous system and as having a tendency to promote abuse or | |
| 78 | - | psychological or physiological dependence, or both. Such controlled | |
| 79 | - | drugs are classifiable as amphetamine-type, barbiturate-type, cannabis- | |
| 80 | - | type, cocaine-type, hallucinogenic, morphine-type and other stimulant | |
| 81 | - | and depressant drugs. Specifically excluded from controlled drugs and | |
| 82 | - | controlled substances are alcohol, nicotine and caffeine. [;] | |
| 83 | - | (9) "Controlled substance" means a drug, substance, or immediate | |
| 84 | - | precursor in schedules I to V, inclusive, of the Connecticut controlled | |
| 85 | - | substance scheduling regulations adopted pursuant to section 21a-243. | |
| 86 | - | [;] | |
| 87 | - | (10) "Counterfeit substance" means a controlled substance which, or | |
| 88 | - | the container or labeling of which, without authorization, bears the | |
| 89 | - | trademark, trade name or other identifying mark, imprint, number or | |
| 90 | - | device, or any likeness thereof, of a manufacturer, distributor or | |
| 91 | - | dispenser other than the person who in fact manufactured, distributed | |
| 92 | - | or dispensed the substance. [;] | |
| 93 | - | (11) "Deliver or delivery" means the actual, constructive or attempted | |
| 94 | - | transfer from one person to another of a controlled substance, whether | |
| 95 | - | or not there is an agency relationship. [;] Substitute House Bill No. 6699 | |
| 96 | 74 | ||
| 97 | - | Public Act No. 23-79 4 of 136 | |
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| 98 | 78 | ||
| 99 | - | (12) "Dentist" means a person authorized by law to practice dentistry | |
| 100 | - | in this state. [;] | |
| 101 | - | (13) "Dispense" means to deliver a controlled substance to an ultimate | |
| 102 | - | user or research subject by or pursuant to the lawful order of a | |
| 103 | - | practitioner, including the prescribing, administering, packaging, | |
| 104 | - | labeling or compounding necessary to prepare the substance for the | |
| 105 | - | delivery. [;] | |
| 106 | - | (14) "Dispenser" means a practitioner who dispenses. [;] | |
| 107 | - | (15) "Distribute" means to deliver other than by administering or | |
| 108 | - | dispensing a controlled substance. [;] | |
| 109 | - | (16) "Distributor" means a person who distributes and includes a | |
| 110 | - | wholesaler who is a person supplying or distributing controlled drugs | |
| 111 | - | which [he himself] the person personally has not produced or prepared | |
| 112 | - | to hospitals, clinics, practitioners, pharmacies, other wholesalers, | |
| 113 | - | manufacturers and federal, state and municipal agencies. [;] | |
| 114 | - | (17) "Drug" means (A) substances recognized as drugs in the official | |
| 115 | - | United States Pharmacopoeia, official Homeopathic Pharmacopoeia of | |
| 116 | - | the United States, or official National Formulary, or any supplement to | |
| 117 | - | any of them; (B) substances intended for use in the diagnosis, cure, | |
| 118 | - | mitigation, treatment or prevention of disease in man or animals; (C) | |
| 119 | - | substances, other than food, intended to affect the structure or any | |
| 120 | - | function of the body of man or animals; and (D) substances intended for | |
| 121 | - | use as a component of any article specified in subparagraph (A), (B) or | |
| 122 | - | (C) of this subdivision. It does not include devices or their components, | |
| 123 | - | parts or accessories. [;] | |
| 124 | - | (18) "Drug dependence" means a psychoactive substance dependence | |
| 125 | - | on drugs as that condition is defined in the most recent edition of the | |
| 126 | - | "Diagnostic and Statistical Manual of Mental Disorders" of the American | |
| 127 | - | Psychiatric Association. [;] Substitute House Bill No. 6699 | |
| 79 | + | other ingredient. "Cannabis product" does not include [the raw cannabis 50 | |
| 80 | + | plant] cannabis flower; 51 | |
| 81 | + | (8) "Cannabis concentrate" means any form of concentration, 52 | |
| 82 | + | including, but not limited to, extracts, oils, tinctures, shatter and waxes, 53 | |
| 83 | + | that is extracted from cannabis; 54 | |
| 84 | + | (9) "Cannabis-type substances" have the same meaning as 55 | |
| 85 | + | "marijuana", as defined in section 21a-240; 56 | |
| 86 | + | (10) "Commissioner" means the Commissioner of Consumer 57 | |
| 87 | + | Protection and includes any designee of the commissioner; 58 | |
| 88 | + | (11) "Consumer" means an individual who is twenty-one years of age 59 | |
| 89 | + | or older; 60 | |
| 90 | + | (12) "Cultivation" has the same meaning as provided in section 21a-61 | |
| 91 | + | 408; 62 | |
| 92 | + | (13) "Cultivator" means a person that is licensed to engage in the 63 | |
| 93 | + | cultivation, growing and propagation of the cannabis plant at an 64 | |
| 94 | + | establishment with not less than fifteen thousand square feet of grow 65 | |
| 95 | + | space; 66 | |
| 96 | + | (14) "Delivery service" means a person that is licensed to deliver 67 | |
| 97 | + | cannabis from (A) micro-cultivators, retailers and hybrid retailers to 68 | |
| 98 | + | consumers and research program subjects, and (B) hybrid retailers and 69 | |
| 99 | + | dispensary facilities to qualifying patients, caregivers and research 70 | |
| 100 | + | program subjects, as defined in section 21a-408, or to hospices or other 71 | |
| 101 | + | inpatient care facilities licensed by the Department of Public Health 72 | |
| 102 | + | pursuant to chapter 368v that have a protocol for the handling and 73 | |
| 103 | + | distribution of cannabis that has been approved by the department, or a 74 | |
| 104 | + | combination thereof; 75 | |
| 105 | + | (15) "Department" means the Department of Consumer Protection; 76 | |
| 106 | + | (16) "Dispensary facility" means a place of business where cannabis 77 Substitute Bill No. 6699 | |
| 128 | 107 | ||
| 129 | - | Public Act No. 23-79 5 of 136 | |
| 130 | 108 | ||
| 131 | - | (19) "Drug-dependent person" means a person who has a | |
| 132 | - | psychoactive substance dependence on drugs as that condition is | |
| 133 | - | defined in the most recent edition of the "Diagnostic and Statistical | |
| 134 | - | Manual of Mental Disorders" of the American Psychiatric Association. | |
| 135 | - | [;] | |
| 136 | - | (20) (A) "Drug paraphernalia" means equipment, products and | |
| 137 | - | materials of any kind that are used, intended for use or designed for use | |
| 138 | - | in planting, propagating, cultivating, growing, harvesting, | |
| 139 | - | manufacturing, compounding, converting, producing, processing, | |
| 140 | - | preparing, testing, analyzing, packaging, repackaging, storing, | |
| 141 | - | containing or concealing, or ingesting, inhaling or otherwise | |
| 142 | - | introducing into the human body, any controlled substance contrary to | |
| 143 | - | the provisions of this chapter, including, but not limited to: (i) Kits | |
| 144 | - | intended for use or designed for use in planting, propagating, | |
| 145 | - | cultivating, growing or harvesting of any species of plant that is a | |
| 146 | - | controlled substance or from which a controlled substance can be | |
| 147 | - | derived; (ii) kits used, intended for use or designed for use in | |
| 148 | - | manufacturing, compounding, converting, producing, processing or | |
| 149 | - | preparing controlled substances; (iii) isomerization devices used or | |
| 150 | - | intended for use in increasing the potency of any species of plant that is | |
| 151 | - | a controlled substance; (iv) testing equipment used, intended for use or | |
| 152 | - | designed for use in identifying or analyzing the strength, effectiveness | |
| 153 | - | or purity of controlled substances; (v) dilutents and adulterants, | |
| 154 | - | including, but not limited to, quinine hydrochloride, mannitol, mannite, | |
| 155 | - | dextrose and lactose used, intended for use or designed for use in | |
| 156 | - | cutting controlled substances; (vi) separation gins and sifters used, | |
| 157 | - | intended for use or designed for use in removing twigs and seeds from, | |
| 158 | - | or in otherwise cleaning or refining, marijuana; (vii) capsules and other | |
| 159 | - | containers used, intended for use or designed for use in packaging small | |
| 160 | - | quantities of controlled substances; (viii) containers and other objects | |
| 161 | - | used, intended for use or designed for use in storing or concealing | |
| 162 | - | controlled substances; and (ix) objects used, intended for use or Substitute House Bill No. 6699 | |
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| 163 | 112 | ||
| 164 | - | Public Act No. 23-79 6 of 136 | |
| 113 | + | may be dispensed, sold or distributed in accordance with chapter 420f 78 | |
| 114 | + | and any regulations adopted [thereunder] pursuant to said chapter, to 79 | |
| 115 | + | qualifying patients and caregivers, and to which the department has 80 | |
| 116 | + | issued a dispensary facility license [under] pursuant to chapter 420f and 81 | |
| 117 | + | any regulations adopted [thereunder] pursuant to said chapter; 82 | |
| 118 | + | (17) "Disproportionately impacted area" means a United States 83 | |
| 119 | + | census tract in the state that has, as determined by the Social Equity 84 | |
| 120 | + | Council under section 21a-420d, as amended by this act, (A) a historical 85 | |
| 121 | + | conviction rate for drug-related offenses greater than one-tenth, or (B) 86 | |
| 122 | + | an unemployment rate greater than ten per cent; 87 | |
| 123 | + | (18) "Disqualifying conviction" means a conviction within the last ten 88 | |
| 124 | + | years which has not been the subject of an absolute pardon under the 89 | |
| 125 | + | provisions of section 54-130a, or an equivalent pardon process under the 90 | |
| 126 | + | laws of another state or the federal government, for an offense under (A) 91 | |
| 127 | + | section 53a-276, 53a-277 or 53a-278; (B) section 53a-291, 53a-292 or 53a-92 | |
| 128 | + | 293; (C) section 53a-215; (D) section 53a-138 or 53a-139; (E) section 53a-93 | |
| 129 | + | 142a; (F) sections 53a-147 to 53a-162, inclusive; (G) sections 53a-125c to 94 | |
| 130 | + | 53a-125f, inclusive; (H) section 53a-129b, 53a-129c or 53a-129d; (I) 95 | |
| 131 | + | subsection (b) of section 12-737; (J) section 53a-48 or 53a-49, if the offense 96 | |
| 132 | + | which is attempted or is an object of the conspiracy is an offense under 97 | |
| 133 | + | the statutes listed in subparagraphs (A) to (I), inclusive, of this 98 | |
| 134 | + | subdivision; or (K) the law of any other state or of the federal 99 | |
| 135 | + | government, if the offense on which such conviction is based is defined 100 | |
| 136 | + | by elements that substantially include the elements of an offense under 101 | |
| 137 | + | the statutes listed in subparagraphs (A) to (J), inclusive, of this 102 | |
| 138 | + | subdivision; 103 | |
| 139 | + | (19) "Dispensary technician" means an individual who has had an 104 | |
| 140 | + | active pharmacy technician or dispensary technician registration in this 105 | |
| 141 | + | state within the past five years, is affiliated with a dispensary facility or 106 | |
| 142 | + | hybrid retailer and is registered with the department in accordance with 107 | |
| 143 | + | chapter 420f and any regulations adopted [thereunder] pursuant to said 108 | |
| 144 | + | chapter; 109 Substitute Bill No. 6699 | |
| 165 | 145 | ||
| 166 | - | designed for use in ingesting, inhaling, or otherwise introducing | |
| 167 | - | marijuana, cocaine, hashish, or hashish oil into the human body, | |
| 168 | - | including, but not limited to, wooden, acrylic, glass, stone, plastic or | |
| 169 | - | ceramic pipes with screens, permanent screens, hashish heads or | |
| 170 | - | punctured metal bowls; water pipes; carburetion tubes and devices; | |
| 171 | - | smoking and carburetion masks; roach clips; miniature cocaine spoons | |
| 172 | - | and cocaine vials; chamber pipes; carburetor pipes; electric pipes; air- | |
| 173 | - | driven pipes; chillums; bongs; ice pipes and chillers. "Drug | |
| 174 | - | paraphernalia" does not include a product used by a manufacturer | |
| 175 | - | licensed pursuant to this chapter for the activities permitted under the | |
| 176 | - | license or by an individual to test any substance prior to injection, | |
| 177 | - | inhalation or ingestion of the substance to prevent accidental overdose | |
| 178 | - | by injection, inhalation or ingestion of the substance, provided the | |
| 179 | - | licensed manufacturer or individual is not using the product to engage | |
| 180 | - | in the unlicensed manufacturing or distribution of controlled | |
| 181 | - | substances. As used in this subdivision, "roach clip" means an object | |
| 182 | - | used to hold burning material, including, but not limited to, a marijuana | |
| 183 | - | cigarette, that has become too small or too short to be held between the | |
| 184 | - | fingers. [;] | |
| 185 | - | (B) "Factory" means any place used for the manufacturing, mixing, | |
| 186 | - | compounding, refining, processing, packaging, distributing, storing, | |
| 187 | - | keeping, holding, administering or assembling illegal substances | |
| 188 | - | contrary to the provisions of this chapter, or any building, rooms or | |
| 189 | - | location which contains equipment or paraphernalia used for this | |
| 190 | - | purpose. [;] | |
| 191 | - | (21) "Federal Controlled Substances Act, 21 USC 801 et seq." means | |
| 192 | - | Public Law 91-513, the Comprehensive Drug Abuse Prevention and | |
| 193 | - | Control Act of 1970. [;] | |
| 194 | - | (22) "Federal food and drug laws" means the federal Food, Drug and | |
| 195 | - | Cosmetic Act, as amended, Title 21 USC 301 et seq. [;] Substitute House Bill No. 6699 | |
| 196 | 146 | ||
| 197 | - | Public Act No. 23-79 7 of 136 | |
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| 198 | 150 | ||
| 199 | - | (23) "Hallucinogenic substances" are psychodysleptic substances, | |
| 200 | - | other than cannabis-type substances, which assert a confusional or | |
| 201 | - | disorganizing effect upon mental processes or behavior and mimic | |
| 202 | - | acute psychotic disturbances. Exemplary of such drugs are mescaline, | |
| 203 | - | peyote, psilocyn and d-lysergic acid diethylamide, which are controlled | |
| 204 | - | substances under this chapter unless modified. [;] | |
| 205 | - | (24) "Hospital", as used in sections 21a-243 to 21a-283, inclusive, | |
| 206 | - | means an institution for the care and treatment of the sick and injured, | |
| 207 | - | approved by the Department of Public Health or the Department of | |
| 208 | - | Mental Health and Addiction Services as proper to be entrusted with | |
| 209 | - | the custody of controlled drugs and substances and professional use of | |
| 210 | - | controlled drugs and substances under the direction of a licensed | |
| 211 | - | practitioner. [;] | |
| 212 | - | (25) "Intern" means a person who holds a degree of doctor of | |
| 213 | - | medicine or doctor of dental surgery or medicine and whose period of | |
| 214 | - | service has been recorded with the Department of Public Health and | |
| 215 | - | who has been accepted and is participating in training by a hospital or | |
| 216 | - | institution in this state. Doctors meeting the foregoing requirements and | |
| 217 | - | commonly designated as "residents" and "fellows" shall be regarded as | |
| 218 | - | interns for purposes of this chapter. [;] | |
| 219 | - | (26) "Immediate precursor" means a substance which the | |
| 220 | - | Commissioner of Consumer Protection has found to be, and by | |
| 221 | - | regulation designates as being, the principal compound commonly used | |
| 222 | - | or produced primarily for use, and which is an immediate chemical | |
| 223 | - | intermediary used or likely to be used, in the manufacture of a | |
| 224 | - | controlled substance, the control of which is necessary to prevent, curtail | |
| 225 | - | or limit manufacture. [;] | |
| 226 | - | (27) "Laboratory" means a laboratory approved by the Department of | |
| 227 | - | Consumer Protection as proper to be entrusted with the custody of | |
| 228 | - | controlled substances and the use of controlled substances for scientific Substitute House Bill No. 6699 | |
| 151 | + | (20) "Edible cannabis product" means a cannabis product, including, 110 | |
| 152 | + | but not limited to, a liquid, which may be combined with other 111 | |
| 153 | + | ingredients and is intended for human consumption, but does not 112 | |
| 154 | + | include raw cannabis plant material; 113 | |
| 155 | + | [(20)] (21) "Employee" means any person who is not a backer, but is a 114 | |
| 156 | + | member of the board of a company with an ownership interest in a 115 | |
| 157 | + | cannabis establishment, and any person employed by a cannabis 116 | |
| 158 | + | establishment or who otherwise has access to such establishment or the 117 | |
| 159 | + | vehicles used to transport cannabis, including, but not limited to, an 118 | |
| 160 | + | independent contractor who has routine access to the premises of such 119 | |
| 161 | + | establishment or to the cannabis handled by such establishment; 120 | |
| 162 | + | [(21)] (22) "Equity" and "equitable" means efforts, regulations, 121 | |
| 163 | + | policies, programs, standards, processes and any other functions of 122 | |
| 164 | + | government or principles of law and governance intended to: (A) 123 | |
| 165 | + | Identify and remedy past and present patterns of discrimination and 124 | |
| 166 | + | disparities of race, ethnicity, gender and sexual orientation; (B) ensure 125 | |
| 167 | + | that such patterns of discrimination and disparities, whether intentional 126 | |
| 168 | + | or unintentional, are neither reinforced nor perpetuated; and (C) 127 | |
| 169 | + | prevent the emergence and persistence of foreseeable future patterns of 128 | |
| 170 | + | discrimination or disparities of race, ethnicity, gender and sexual 129 | |
| 171 | + | orientation; 130 | |
| 172 | + | [(22)] (23) "Equity joint venture" means a business entity that is at 131 | |
| 173 | + | least fifty per cent owned and controlled by an individual or 132 | |
| 174 | + | individuals, or such applicant is an individual, who meets the criteria of 133 | |
| 175 | + | subparagraphs (A) and (B) of subdivision [(48)] (49) of this section; 134 | |
| 176 | + | [(23)] (24) "Extract" means the preparation, compounding, conversion 135 | |
| 177 | + | or processing of cannabis, either directly or indirectly by extraction or 136 | |
| 178 | + | independently by means of chemical synthesis, or by a combination of 137 | |
| 179 | + | extraction and chemical synthesis to produce a cannabis concentrate; 138 | |
| 180 | + | [(24)] (25) "Financial interest" means any right to, ownership, an 139 | |
| 181 | + | investment or a compensation arrangement with another person, 140 Substitute Bill No. 6699 | |
| 229 | 182 | ||
| 230 | - | Public Act No. 23-79 8 of 136 | |
| 231 | 183 | ||
| 232 | - | and medical purposes and for purposes of instruction, research or | |
| 233 | - | analysis. [;] | |
| 234 | - | (28) "Manufacture" means the production, preparation, cultivation, | |
| 235 | - | growing, propagation, compounding, conversion or processing of a | |
| 236 | - | controlled substance, either directly or indirectly by extraction from | |
| 237 | - | substances of natural origin, or independently by means of chemical | |
| 238 | - | synthesis, or by a combination of extraction and chemical synthesis, and | |
| 239 | - | includes any packaging or repackaging of the substance or labeling or | |
| 240 | - | relabeling of its container, except that this term does not include the | |
| 241 | - | preparation or compounding of a controlled substance by an individual | |
| 242 | - | for [his] the individual's own use or the preparation, compounding, | |
| 243 | - | packaging or labeling of a controlled substance: (A) By a practitioner as | |
| 244 | - | an incident to [his] the practitioner administering or dispensing of a | |
| 245 | - | controlled substance in the course of [his] such practitioner's | |
| 246 | - | professional practice, or (B) by a practitioner, or by [his] the | |
| 247 | - | practitioner's authorized agent under [his] such practitioner's | |
| 248 | - | supervision, for the purpose of, or as an incident to, research, teaching | |
| 249 | - | or chemical analysis and not for sale. [;] | |
| 250 | - | (29) "Marijuana" means all parts of any plant, or species of the genus | |
| 251 | - | cannabis or any infra specific taxon thereof, whether growing or not; the | |
| 252 | - | seeds thereof; the resin extracted from any part of the plant; every | |
| 253 | - | compound, manufacture, salt, derivative, mixture, or preparation of | |
| 254 | - | such plant, its seeds or resin, any [product made using hemp, as defined | |
| 255 | - | in section 22-61l, which exceeds three-tenths per cent total THC | |
| 256 | - | concentration on a dry-weight basis] high-THC hemp product; | |
| 257 | - | manufactured cannabinoids, synthetic cannabinoids, except as | |
| 258 | - | provided in subparagraph (E) of this subdivision; or cannabinon, | |
| 259 | - | cannabinol or cannabidiol and chemical compounds which are similar | |
| 260 | - | to cannabinon, cannabinol or cannabidiol in chemical structure or which | |
| 261 | - | are similar thereto in physiological effect, which are controlled | |
| 262 | - | substances under this chapter, except cannabidiol derived from hemp, Substitute House Bill No. 6699 | |
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| 264 | - | Public Act No. 23-79 9 of 136 | |
| 188 | + | directly, through business, investment or family. "Financial interest" 141 | |
| 189 | + | does not include ownership of investment securities in a publicly-held 142 | |
| 190 | + | corporation that is traded on a national exchange or over-the-counter 143 | |
| 191 | + | market, provided the investment securities held by such person and 144 | |
| 192 | + | such person's spouse, parent or child, in the aggregate, do not exceed 145 | |
| 193 | + | one-half of one per cent of the total number of shares issued by the 146 | |
| 194 | + | corporation; 147 | |
| 195 | + | [(25)] (26) "Food and beverage manufacturer" means a person that is 148 | |
| 196 | + | licensed to own and operate a place of business that acquires cannabis 149 | |
| 197 | + | and creates food and beverages; 150 | |
| 198 | + | [(26)] (27) "Grow space" means the portion of a premises owned and 151 | |
| 199 | + | controlled by a producer, cultivator or micro-cultivator that is utilized 152 | |
| 200 | + | for the cultivation, growing or propagation of the cannabis plant, and 153 | |
| 201 | + | contains cannabis plants in an active stage of growth, measured starting 154 | |
| 202 | + | from the outermost wall of the room containing cannabis plants and 155 | |
| 203 | + | continuing around the outside of the room. "Grow space" does not 156 | |
| 204 | + | include space used to cure, process, store harvested cannabis or 157 | |
| 205 | + | manufacture cannabis once the cannabis has been harvested; 158 | |
| 206 | + | [(27)] (28) "Historical conviction count for drug-related offenses" 159 | |
| 207 | + | means, for a given area, the number of convictions of residents of such 160 | |
| 208 | + | area (A) for violations of sections 21a-267, 21a-277, 21a-278, 21a-279 and 161 | |
| 209 | + | 21a-279a, and (B) who were arrested for such violations between 162 | |
| 210 | + | January 1, 1982, and December 31, 2020, inclusive, where such arrest 163 | |
| 211 | + | was recorded in databases maintained by the Department of Emergency 164 | |
| 212 | + | Services and Public Protection; 165 | |
| 213 | + | [(28)] (29) "Historical conviction rate for drug-related offenses" 166 | |
| 214 | + | means, for a given area, the historical conviction count for drug-related 167 | |
| 215 | + | offenses divided by the population of such area, as determined by the 168 | |
| 216 | + | five-year estimates of the most recent American Community Survey 169 | |
| 217 | + | conducted by the United States Census Bureau; 170 | |
| 218 | + | [(29)] (30) "Hybrid retailer" means a person that is licensed to 171 Substitute Bill No. 6699 | |
| 265 | 219 | ||
| 266 | - | as defined in section 22-61l, as amended by this act, [with a total THC | |
| 267 | - | concentration of not more than three-tenths per cent on a dry-weight | |
| 268 | - | basis] that is not a high-THC hemp product. "Marijuana" does not | |
| 269 | - | include: (A) The mature stalks of such plant, fiber produced from such | |
| 270 | - | stalks, oil or cake made from the seeds of such plant, any other | |
| 271 | - | compound, manufacture, salt, derivative, mixture or preparation of | |
| 272 | - | such mature stalks, except the resin extracted from such mature stalks | |
| 273 | - | or fiber, oil or cake; (B) the sterilized seed of such plant which is | |
| 274 | - | incapable of germination; (C) hemp, as defined in section 22-61l, as | |
| 275 | - | amended by this act, (i) with a total THC concentration of not more than | |
| 276 | - | three-tenths per cent on a dry-weight basis, and (ii) that is not a high- | |
| 277 | - | THC hemp product; (D) any substance approved by the federal Food | |
| 278 | - | and Drug Administration or successor agency as a drug and reclassified | |
| 279 | - | in any schedule of controlled substances or unscheduled by the federal | |
| 280 | - | Drug Enforcement Administration or successor agency which is | |
| 281 | - | included in the same schedule designated by the federal Drug | |
| 282 | - | Enforcement Administration or successor agency; or (E) synthetic | |
| 283 | - | cannabinoids which are controlled substances that are designated by the | |
| 284 | - | Commissioner of Consumer Protection, by whatever official, common, | |
| 285 | - | usual, chemical or trade name designation, as controlled substances and | |
| 286 | - | are classified in the appropriate schedule in accordance with | |
| 287 | - | subsections (i) and (j) of section 21a-243. [;] | |
| 288 | - | (30) "Narcotic substance" means any of the following, whether | |
| 289 | - | produced directly or indirectly by extraction from a substance of | |
| 290 | - | vegetable origin, or independently by means of chemical synthesis, or | |
| 291 | - | by a combination of extraction and chemical synthesis: (A) Morphine- | |
| 292 | - | type: (i) Opium or opiate, or any salt, compound, derivative, or | |
| 293 | - | preparation of opium or opiate which is similar to any such substance | |
| 294 | - | in chemical structure or which is similar to any such substance in | |
| 295 | - | physiological effect and which shows a like potential for abuse, which | |
| 296 | - | is a controlled substance under this chapter unless modified; (ii) any | |
| 297 | - | salt, compound, isomer, derivative, or preparation of any such Substitute House Bill No. 6699 | |
| 298 | 220 | ||
| 299 | - | Public Act No. 23-79 10 of 136 | |
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| 301 | - | substance which is chemically equivalent or identical to any substance | |
| 302 | - | referred to in clause (i) of this subdivision, but not including the | |
| 303 | - | isoquinoline alkaloids of opium; (iii) opium poppy or poppy straw; or | |
| 304 | - | (iv) (I) fentanyl or any salt, compound, derivative or preparation of | |
| 305 | - | fentanyl which is similar to any such substance in chemical structure or | |
| 306 | - | which is similar to any such substance in physiological effect and which | |
| 307 | - | shows a like potential for abuse, which is a controlled substance under | |
| 308 | - | this chapter unless modified, or (II) any salt, compound, isomer, | |
| 309 | - | derivative or preparation of any such substance which is chemically | |
| 310 | - | equivalent or identical to any substance referred to in subclause (I) of | |
| 311 | - | this clause; or (B) cocaine-type; coca leaves or any salt, compound, | |
| 312 | - | derivative or preparation of coca leaves, or any salt, compound, isomer, | |
| 313 | - | derivatives or preparation of any such substance which is chemically | |
| 314 | - | equivalent or identical to any such substance or which is similar to any | |
| 315 | - | such substance in physiological effect and which shows a like potential | |
| 316 | - | for abuse, but not including decocainized coca leaves or extractions of | |
| 317 | - | coca leaves which do not contain cocaine or ecgonine. [;] | |
| 318 | - | (31) "Nurse" means a person performing nursing as defined in section | |
| 319 | - | 20-87a. [;] | |
| 320 | - | (32) "Official written order" means an order for controlled substances | |
| 321 | - | written on a form provided by the bureau for that purpose under the | |
| 322 | - | federal Controlled Substances Act. [;] | |
| 323 | - | (33) "Opiate" means any substance having an addiction-forming or | |
| 324 | - | addiction-sustaining liability similar to morphine or being capable of | |
| 325 | - | conversion into a drug having addiction-forming or addiction- | |
| 326 | - | sustaining liability; it does not include, unless specifically designated as | |
| 327 | - | controlled under this chapter, the dextrorotatory isomer of 3-methoxy- | |
| 328 | - | n-methylmorthinan and its salts (dextro-methorphan) but shall include | |
| 329 | - | its racemic and levorotatory forms. [;] | |
| 330 | - | (34) "Opium poppy" means the plant of the species papaver Substitute House Bill No. 6699 | |
| 225 | + | purchase cannabis and sell cannabis and medical marijuana products; 172 | |
| 226 | + | [(30)] (31) "Key employee" means an employee with the following 173 | |
| 227 | + | management position or an equivalent title within a cannabis 174 | |
| 228 | + | establishment: (A) President or chief officer, who is the top ranking 175 | |
| 229 | + | individual at the cannabis establishment and is responsible for all staff 176 | |
| 230 | + | and overall direction of business operations; (B) financial manager, who 177 | |
| 231 | + | is the individual who reports to the president or chief officer and who is 178 | |
| 232 | + | generally responsible for oversight of the financial operations of the 179 | |
| 233 | + | cannabis establishment, including, but not limited to, revenue 180 | |
| 234 | + | generation, distributions, tax compliance and budget implementation; 181 | |
| 235 | + | or (C) compliance manager, who is the individual who reports to the 182 | |
| 236 | + | president or chief officer and who is generally responsible for ensuring 183 | |
| 237 | + | the cannabis establishment complies with all laws, regulations and 184 | |
| 238 | + | requirements related to the operation of the cannabis establishment; 185 | |
| 239 | + | [(31)] (32) "Laboratory" means a laboratory located in the state that is 186 | |
| 240 | + | licensed by the department to provide analysis of cannabis that meets 187 | |
| 241 | + | the licensure requirements set forth in section 21a-246; 188 | |
| 242 | + | [(32)] (33) "Laboratory employee" means an individual who is 189 | |
| 243 | + | registered as a laboratory employee pursuant to section 21a-408r; 190 | |
| 244 | + | [(33)] (34) "Labor peace agreement" means an agreement between a 191 | |
| 245 | + | cannabis establishment and a bona fide labor organization under section 192 | |
| 246 | + | 21a-421d, as amended by this act, pursuant to which the owners and 193 | |
| 247 | + | management of the cannabis establishment agree not to lock out 194 | |
| 248 | + | employees and that prohibits the bona fide labor organization from 195 | |
| 249 | + | engaging in picketing, work stoppages or boycotts against the cannabis 196 | |
| 250 | + | establishment; 197 | |
| 251 | + | [(34)] (35) "Manufacture" means to add or incorporate cannabis into 198 | |
| 252 | + | other products or ingredients or create a cannabis product; 199 | |
| 253 | + | [(35)] (36) "Medical marijuana product" means cannabis that may be 200 | |
| 254 | + | exclusively sold to qualifying patients and caregivers by dispensary 201 | |
| 255 | + | facilities and hybrid retailers and which are designated by the 202 Substitute Bill No. 6699 | |
| 331 | 256 | ||
| 332 | - | Public Act No. 23-79 11 of 136 | |
| 333 | 257 | ||
| 334 | - | somniferum l., except its seed. [;] | |
| 335 | - | (35) Repealed by P.A. 99-102, S. 51. [;] | |
| 336 | - | (36) "Other stimulant and depressant drugs" means controlled | |
| 337 | - | substances other than amphetamine-type, barbiturate-type, cannabis- | |
| 338 | - | type, cocaine-type, hallucinogenics and morphine-type which are found | |
| 339 | - | to exert a stimulant and depressant effect upon the higher functions of | |
| 340 | - | the central nervous system and which are found to have a potential for | |
| 341 | - | abuse and are controlled substances under this chapter. [;] | |
| 342 | - | (37) "Person" includes any corporation, limited liability company, | |
| 343 | - | association or partnership, or one or more individuals, government or | |
| 344 | - | governmental subdivisions or agency, business trust, estate, trust, or | |
| 345 | - | any other legal entity. Words importing the plural number may include | |
| 346 | - | the singular; words importing the masculine gender may be applied to | |
| 347 | - | females. [;] | |
| 348 | - | (38) "Pharmacist" means a person authorized by law to practice | |
| 349 | - | pharmacy pursuant to section 20-590, 20-591, 20-592 or 20-593. [;] | |
| 350 | - | (39) "Pharmacy" means an establishment licensed pursuant to section | |
| 351 | - | 20-594. [;] | |
| 352 | - | (40) "Physician" means a person authorized by law to practice | |
| 353 | - | medicine in this state pursuant to section 20-9. [;] | |
| 354 | - | (41) "Podiatrist" means a person authorized by law to practice | |
| 355 | - | podiatry in this state. [;] | |
| 356 | - | (42) "Poppy straw" means all parts, except the seeds, of the opium | |
| 357 | - | poppy, after mowing. [;] | |
| 358 | - | (43) "Practitioner" means: (A) A physician, dentist, veterinarian, | |
| 359 | - | podiatrist, scientific investigator or other person licensed, registered or | |
| 360 | - | otherwise permitted to distribute, dispense, conduct research with Substitute House Bill No. 6699 | |
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| 362 | - | Public Act No. 23-79 12 of 136 | |
| 262 | + | commissioner as reserved for sale to qualifying patients and caregivers 203 | |
| 263 | + | and published on the department's Internet web site; 204 | |
| 264 | + | [(36)] (37) "Micro-cultivator" means a person licensed to engage in the 205 | |
| 265 | + | cultivation, growing and propagation of the cannabis plant at an 206 | |
| 266 | + | establishment containing not less than two thousand square feet and not 207 | |
| 267 | + | more than ten thousand square feet of grow space, prior to any 208 | |
| 268 | + | expansion authorized by the commissioner; 209 | |
| 269 | + | [(37)] (38) "Municipality" means any town, city or borough, 210 | |
| 270 | + | consolidated town and city or consolidated town and borough; 211 | |
| 271 | + | [(38)] (39) "Paraphernalia" means drug paraphernalia, as defined in 212 | |
| 272 | + | section 21a-240; 213 | |
| 273 | + | [(39)] (40) "Person" means an individual, partnership, limited liability 214 | |
| 274 | + | company, society, association, joint stock company, corporation, estate, 215 | |
| 275 | + | receiver, trustee, assignee, referee or any other legal entity and any other 216 | |
| 276 | + | person acting in a fiduciary or representative capacity, whether 217 | |
| 277 | + | appointed by a court or otherwise, and any combination thereof; 218 | |
| 278 | + | [(40)] (41) "Producer" means a person that is licensed as a producer 219 | |
| 279 | + | pursuant to section 21a-408i and any regulations adopted [thereunder] 220 | |
| 280 | + | pursuant to said section; 221 | |
| 281 | + | [(41)] (42) "Product manufacturer" means a person that is licensed to 222 | |
| 282 | + | obtain cannabis, extract and manufacture products exclusive to such 223 | |
| 283 | + | license type; 224 | |
| 284 | + | [(42)] (43) "Product packager" means a person that is licensed to 225 | |
| 285 | + | package and label cannabis; 226 | |
| 286 | + | [(43)] (44) "Qualifying patient" has the same meaning as provided in 227 | |
| 287 | + | section 21a-408; 228 | |
| 288 | + | [(44)] (45) "Research program" has the same meaning as provided in 229 | |
| 289 | + | section 21a-408; 230 Substitute Bill No. 6699 | |
| 363 | 290 | ||
| 364 | - | respect to or to administer a controlled substance in the course of | |
| 365 | - | professional practice or research in this state; (B) a pharmacy, hospital | |
| 366 | - | or other institution licensed, registered or otherwise permitted to | |
| 367 | - | distribute, dispense, conduct research with respect to or to administer a | |
| 368 | - | controlled substance in the course of professional practice or research in | |
| 369 | - | this state. [;] | |
| 370 | - | (44) "Prescribe" means order or designate a remedy or any | |
| 371 | - | preparation containing controlled substances. [;] | |
| 372 | - | (45) "Prescription" means a written, oral or electronic order for any | |
| 373 | - | controlled substance or preparation from a licensed practitioner to a | |
| 374 | - | pharmacist for a patient. [;] | |
| 375 | - | (46) "Production" includes the manufacture, planting, cultivation, | |
| 376 | - | growing or harvesting of a controlled substance. [;] | |
| 377 | - | (47) "Registrant" means any person licensed by this state and | |
| 378 | - | assigned a current federal Bureau of Narcotics and Dangerous Drug | |
| 379 | - | Registry Number as provided under the federal Controlled Substances | |
| 380 | - | Act. [;] | |
| 381 | - | (48) "Registry number" means the alphabetical or numerical | |
| 382 | - | designation of identification assigned to a person by the federal Drug | |
| 383 | - | Enforcement Administration, or other federal agency, which is | |
| 384 | - | commonly known as the federal registry number. [;] | |
| 385 | - | (49) "Restricted drugs or substances" are the following substances | |
| 386 | - | without limitation and for all purposes: Datura stramonium; | |
| 387 | - | hyoscyamus niger; atropa belladonna, or the alkaloids atropine; | |
| 388 | - | hyoscyamine; belladonnine; apatropine; or any mixture of these | |
| 389 | - | alkaloids such as daturine, or the synthetic homatropine or any salts of | |
| 390 | - | these alkaloids, except that any drug or preparation containing any of | |
| 391 | - | the above-mentioned substances which is permitted by federal food and | |
| 392 | - | drug laws to be sold or dispensed without a prescription or written Substitute House Bill No. 6699 | |
| 393 | 291 | ||
| 394 | - | Public Act No. 23-79 13 of 136 | |
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| 296 | + | [(45)] (46) "Retailer" means a person, excluding a dispensary facility 231 | |
| 297 | + | and hybrid retailer, that is licensed to purchase cannabis from 232 | |
| 298 | + | producers, cultivators, micro-cultivators, product manufacturers and 233 | |
| 299 | + | food and beverage manufacturers and to sell cannabis to consumers and 234 | |
| 300 | + | research programs; 235 | |
| 301 | + | [(46)] (47) "Sale" or "sell" has the same meaning as provided in section 236 | |
| 302 | + | 21a-240; 237 | |
| 303 | + | [(47)] (48) "Social Equity Council" or "council" means the council 238 | |
| 304 | + | established under section 21a-420d, as amended by this act; 239 | |
| 305 | + | [(48)] (49) "Social equity applicant" means a person that has applied 240 | |
| 306 | + | for a license for a cannabis establishment, where such applicant is at 241 | |
| 307 | + | least sixty-five per cent owned and controlled by an individual or 242 | |
| 308 | + | individuals, or such applicant is an individual, who: 243 | |
| 309 | + | (A) Had an average household income of less than three hundred per 244 | |
| 310 | + | cent of the state median household income over the three tax years 245 | |
| 311 | + | immediately preceding such individual's application; and 246 | |
| 312 | + | (B) (i) Was a resident of a disproportionately impacted area for not 247 | |
| 313 | + | less than five of the ten years immediately preceding the date of such 248 | |
| 314 | + | application; or 249 | |
| 315 | + | (ii) Was a resident of a disproportionately impacted area for not less 250 | |
| 316 | + | than nine years prior to attaining the age of eighteen; 251 | |
| 317 | + | [(49)] (50) "THC" has the same meaning as provided in section 21a-252 | |
| 318 | + | 240; 253 | |
| 319 | + | [(50)] (51) "Third-party lottery operator" means a person, or a 254 | |
| 320 | + | constituent unit of the state system of higher education, that conducts 255 | |
| 321 | + | lotteries pursuant to section 21a-420g, identifies the cannabis 256 | |
| 322 | + | establishment license applications for consideration without 257 | |
| 323 | + | performing any review of the applications that are identified for 258 | |
| 324 | + | consideration, and that has no direct or indirect oversight of or 259 Substitute Bill No. 6699 | |
| 425 | 325 | ||
| 426 | - | Public Act No. 23-79 14 of 136 | |
| 427 | 326 | ||
| 428 | - | (55) "Wholesaler" means a distributor or a person who supplies | |
| 429 | - | controlled substances that [he himself] the person personally has not | |
| 430 | - | produced or prepared to registrants. [as defined in subdivision (47) of | |
| 431 | - | this section;] | |
| 432 | - | (56) "Reasonable times" means the time or times any office, care- | |
| 433 | - | giving institution, pharmacy, clinic, wholesaler, manufacturer, | |
| 434 | - | laboratory, warehouse, establishment, store or place of business, vehicle | |
| 435 | - | or other place is open for the normal affairs or business or the practice | |
| 436 | - | activities usually conducted by the registrant. [;] | |
| 437 | - | (57) "Unit dose drug distribution system" means a drug distribution | |
| 438 | - | system used in a hospital or chronic and convalescent nursing home in | |
| 439 | - | which drugs are supplied in individually labeled unit of use packages, | |
| 440 | - | each patient's supply of drugs is exchanged between the hospital | |
| 441 | - | pharmacy and the drug administration area or, in the case of a chronic | |
| 442 | - | and convalescent nursing home between a pharmacy and the drug | |
| 443 | - | administration area, at least once each twenty-four hours and each | |
| 444 | - | patient's medication supply for this period is stored within a patient- | |
| 445 | - | specific container, all of which is conducted under the direction of a | |
| 446 | - | pharmacist licensed in Connecticut and, in the case of a hospital, directly | |
| 447 | - | involved in the provision and supervision of pharmaceutical services at | |
| 448 | - | such hospital at least thirty-five hours each week. [;] | |
| 449 | - | (58) "Cocaine in a free-base form" means any substance which | |
| 450 | - | contains cocaine, or any compound, isomer, derivative or preparation | |
| 451 | - | thereof, in a nonsalt form. | |
| 452 | - | (59) "THC" means tetrahydrocannabinol, including, but not limited | |
| 453 | - | to, delta-7, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol | |
| 454 | - | and delta-10-tetrahydrocannabinol, and any material, compound, | |
| 455 | - | mixture or preparation which contain their salts, isomers and salts of | |
| 456 | - | isomers, whenever the existence of such salts, isomers and salts of | |
| 457 | - | isomers is possible within the specific chemical designation, regardless Substitute House Bill No. 6699 | |
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| 458 | 330 | ||
| 459 | - | Public Act No. 23-79 15 of 136 | |
| 331 | + | investment in a cannabis establishment or a cannabis establishment 260 | |
| 332 | + | applicant; 261 | |
| 333 | + | [(51)] (52) "Transfer" means to transfer, change, give or otherwise 262 | |
| 334 | + | dispose of control over or interest in; 263 | |
| 335 | + | [(52)] (53) "Transport" means to physically move from one place to 264 | |
| 336 | + | another; 265 | |
| 337 | + | [(53)] (54) "Transporter" means a person licensed to transport 266 | |
| 338 | + | cannabis between cannabis establishments, laboratories and research 267 | |
| 339 | + | programs; and 268 | |
| 340 | + | [(54)] (55) "Unemployment rate" means, in a given area, the number 269 | |
| 341 | + | of people sixteen years of age or older who are in the civilian labor force 270 | |
| 342 | + | and unemployed divided by the number of people sixteen years of age 271 | |
| 343 | + | or older who are in the civilian labor force. 272 | |
| 344 | + | Sec. 2. (NEW) (Effective July 1, 2023) (a) On and after July 1, 2023, the 273 | |
| 345 | + | department may issue an off-site event permit to a retailer or hybrid 274 | |
| 346 | + | retailer. Such permit shall authorize the retailer or hybrid retailer to sell 275 | |
| 347 | + | cannabis, other than medical marijuana products, to consumers at an 276 | |
| 348 | + | event held in this state at a location other than such retailer's or hybrid 277 | |
| 349 | + | retailer's premises. Each permit issued by the department pursuant to 278 | |
| 350 | + | this section shall be nonrenewable, and shall be effective for a period of 279 | |
| 351 | + | time not to exceed three consecutive days. No retailer or hybrid retailer 280 | |
| 352 | + | shall receive more than four off-site event permits during any calendar 281 | |
| 353 | + | year. No retailer or hybrid retailer may engage in or operate more than 282 | |
| 354 | + | one off-site event on any day. No retailer or hybrid retailer may sell 283 | |
| 355 | + | cannabis in the manner described in this subsection unless such retailer 284 | |
| 356 | + | or hybrid retailer has obtained a permit from the department pursuant 285 | |
| 357 | + | to this section. 286 | |
| 358 | + | (b) Each retailer or hybrid retailer seeking a permit under this section 287 | |
| 359 | + | shall attest and affirm that such retailer or hybrid retailer has received, 288 | |
| 360 | + | or will receive, all municipal approvals required to engage in off-site 289 | |
| 361 | + | event sales prior to engaging in such sales, and that the off-site event is 290 Substitute Bill No. 6699 | |
| 460 | 362 | ||
| 461 | - | of the source, except: (A) Dronabinol substituted in sesame oil and | |
| 462 | - | encapsulated in a soft gelatin capsule in a federal Food and Drug | |
| 463 | - | Administration or successor agency approved product, or (B) any | |
| 464 | - | tetrahydrocannabinol product that has been approved by the federal | |
| 465 | - | Food and Drug Administration or successor agency to have a medical | |
| 466 | - | use and reclassified in any schedule of controlled substances or | |
| 467 | - | unscheduled by the federal Drug Enforcement Administration or | |
| 468 | - | successor agency. | |
| 469 | - | (60) "Total THC" means the sum of the percentage by weight of | |
| 470 | - | tetrahydrocannabinolic acid, multiplied by eight hundred seventy- | |
| 471 | - | seven-thousandths, plus the percentage of weight of | |
| 472 | - | [tetrahydrocannabinol] THC. | |
| 473 | - | (61) "Manufactured cannabinoid" means cannabinoids naturally | |
| 474 | - | occurring from a source other than marijuana that are similar in | |
| 475 | - | chemical structure or physiological effect to cannabinoids derived from | |
| 476 | - | marijuana, as defined in section 21a-243, but are derived by a chemical | |
| 477 | - | or biological process. | |
| 478 | - | (62) "Synthetic cannabinoid" means any material, compound, mixture | |
| 479 | - | or preparation which contains any quantity of a substance having a | |
| 480 | - | psychotropic response primarily by agonist activity at cannabinoid- | |
| 481 | - | specific receptors affecting the central nervous system that is produced | |
| 482 | - | artificially and not derived from an organic source naturally containing | |
| 483 | - | cannabinoids, unless listed in another schedule pursuant to section 21a- | |
| 484 | - | 243. | |
| 485 | - | (63) "High-THC hemp product" means a manufacturer hemp | |
| 486 | - | product, as defined in section 22-61l, as amended by this act, that has, or | |
| 487 | - | is advertised, labeled or offered for sale as having, total THC that | |
| 488 | - | exceeds (A) for a hemp edible, hemp topical or hemp transdermal patch | |
| 489 | - | (i) one milligram on a per-serving basis, or (ii) five milligrams on a per- | |
| 490 | - | container basis, (B) for a hemp tincture, including, but not limited to, oil Substitute House Bill No. 6699 | |
| 491 | 363 | ||
| 492 | - | Public Act No. 23-79 16 of 136 | |
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| 493 | 367 | ||
| 494 | - | intended for ingestion by swallowing, buccal administration or | |
| 495 | - | sublingual absorption (i) one milligram on a per-serving basis, or (ii) | |
| 496 | - | twenty-five milligrams on a per-container basis, (C) for a hemp | |
| 497 | - | concentrate or extract, including, but not limited to, a vape oil, wax or | |
| 498 | - | shatter, twenty-five milligrams on a per-container basis, or (D) for a | |
| 499 | - | manufacturer hemp product not described in subparagraph (A), (B) or | |
| 500 | - | (C) of this subdivision, (i) one milligram on a per-serving basis, (ii) five | |
| 501 | - | milligrams on a per-container basis, or (iii) three-tenths per cent on a | |
| 502 | - | dry-weight basis for cannabis flower or cannabis trim. | |
| 503 | - | Sec. 2. Subsection (a) of section 10-19 of the general statutes is | |
| 504 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
| 505 | - | 2023): | |
| 506 | - | (a) The knowledge, skills and attitudes required to understand and | |
| 507 | - | avoid the effects of alcohol, of nicotine or tobacco and of drugs, as | |
| 508 | - | defined in [subdivision (17) of] section 21a-240, as amended by this act, | |
| 509 | - | on health, character, citizenship and personality development shall be | |
| 510 | - | taught every academic year to pupils in all grades in the public schools; | |
| 511 | - | and, in teaching such subjects, textbooks and such other materials as are | |
| 512 | - | necessary shall be used. Annually, at such time and in such manner as | |
| 513 | - | the Commissioner of Education shall request, each local and regional | |
| 514 | - | board of education shall attest to the State Board of Education that all | |
| 515 | - | pupils enrolled in its schools have been taught such subjects pursuant | |
| 516 | - | to this subsection and in accordance with a planned, ongoing and | |
| 517 | - | systematic program of instruction. The content and scheduling of | |
| 518 | - | instruction shall be within the discretion of the local or regional board | |
| 519 | - | of education. Institutions of higher education approved by the State | |
| 520 | - | Board of Education to train teachers shall give instruction on the | |
| 521 | - | subjects prescribed in this section and concerning the best methods of | |
| 522 | - | teaching the same. The State Board of Education and the Board of | |
| 523 | - | Regents for Higher Education in consultation with the Commissioner of | |
| 524 | - | Mental Health and Addiction Services and the Commissioner of Public Substitute House Bill No. 6699 | |
| 368 | + | not located in a municipality that has prohibited off-site sales of 291 | |
| 369 | + | cannabis pursuant to subsection (f) of this section, the establishment of 292 | |
| 370 | + | a cannabis establishment pursuant to subsection (b) of section 21a-422f 293 | |
| 371 | + | of the general statutes or the sale of cannabis pursuant to subsection (a) 294 | |
| 372 | + | of section 21a-422g of the general statutes. The department shall, 295 | |
| 373 | + | without further proceedings, immediately and summarily revoke any 296 | |
| 374 | + | permit issued pursuant to this section if the retailer or hybrid retailer 297 | |
| 375 | + | engages in off-site event sales without having first obtained all required 298 | |
| 376 | + | municipal approvals, and such retailer or hybrid retailer shall be 299 | |
| 377 | + | prohibited from applying for an off-site event permit for a period of one 300 | |
| 378 | + | year from the date of such revocation. 301 | |
| 379 | + | (c) Prior to submitting an application pursuant to subsection (d) of 302 | |
| 380 | + | this section, a retailer or hybrid retailer shall establish written policies, 303 | |
| 381 | + | specific to off-site events, for the purpose of preventing (1) diversion and 304 | |
| 382 | + | misuse of cannabis, and (2) cannabis sales to underage persons. 305 | |
| 383 | + | (d) Each retailer or hybrid retailer seeking a permit under this section 306 | |
| 384 | + | shall submit an application to the department in a form and manner 307 | |
| 385 | + | prescribed by the commissioner. Such application shall include: 308 | |
| 386 | + | (1) The retailer or hybrid retailer's name and address as they appear 309 | |
| 387 | + | on the license such retailer or hybrid retailer most recently obtained 310 | |
| 388 | + | from the department pursuant to section 21a-420r of the general 311 | |
| 389 | + | statutes, as amended by this act, or 21a-420s of the general statutes, as 312 | |
| 390 | + | amended by this act, as applicable; 313 | |
| 391 | + | (2) The attestation and affirmation required under subsection (b) of 314 | |
| 392 | + | this section; 315 | |
| 393 | + | (3) For the off-site event that is the subject of such application: 316 | |
| 394 | + | (A) The name and address of the person organizing such event; 317 | |
| 395 | + | (B) The date, time and location of such event; and 318 | |
| 396 | + | (C) A statement, signed by the retailer or hybrid retailer, certifying 319 Substitute Bill No. 6699 | |
| 525 | 397 | ||
| 526 | - | Public Act No. 23-79 17 of 136 | |
| 527 | 398 | ||
| 528 | - | Health shall develop health education or other programs for elementary | |
| 529 | - | and secondary schools and for the training of teachers, administrators | |
| 530 | - | and guidance personnel with reference to understanding and avoiding | |
| 531 | - | the effects of nicotine or tobacco, alcohol and drugs. | |
| 532 | - | Sec. 3. Subsection (a) of section 10-220a of the general statutes is | |
| 533 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
| 534 | - | 2023): | |
| 535 | - | (a) Each local or regional board of education shall provide an in- | |
| 536 | - | service training program for its teachers, administrators and pupil | |
| 537 | - | personnel who hold the initial educator, provisional educator or | |
| 538 | - | professional educator certificate. Such program shall provide such | |
| 539 | - | teachers, administrators and pupil personnel with information on (1) | |
| 540 | - | the nature and the relationship of alcohol and drugs, as defined in | |
| 541 | - | [subdivision (17) of] section 21a-240, as amended by this act, to health | |
| 542 | - | and personality development, and procedures for discouraging their | |
| 543 | - | abuse, (2) health and mental health risk reduction education that | |
| 544 | - | includes, but need not be limited to, the prevention of risk-taking | |
| 545 | - | behavior by children and the relationship of such behavior to substance | |
| 546 | - | abuse, pregnancy, sexually transmitted diseases, including HIV- | |
| 547 | - | infection and AIDS, as defined in section 19a-581, violence, teen dating | |
| 548 | - | violence, domestic violence and child abuse, (3) school violence | |
| 549 | - | prevention, conflict resolution, the prevention of and response to youth | |
| 550 | - | suicide and the identification and prevention of and response to | |
| 551 | - | bullying, as defined in subsection (a) of section 10-222d, except that | |
| 552 | - | those boards of education that implement any evidence-based model | |
| 553 | - | approach that is approved by the Department of Education and is | |
| 554 | - | consistent with subsection (c) of section 10-145a, sections 10-222d, 10- | |
| 555 | - | 222g and 10-222h, subsection (g) of section 10-233c and sections 1 and 3 | |
| 556 | - | of public act 08-160, shall not be required to provide in-service training | |
| 557 | - | on the identification and prevention of and response to bullying, (4) | |
| 558 | - | cardiopulmonary resuscitation and other emergency life saving Substitute House Bill No. 6699 | |
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| 559 | 402 | ||
| 560 | - | Public Act No. 23-79 18 of 136 | |
| 403 | + | that: 320 | |
| 404 | + | (i) During such event, such retailer or hybrid retailer shall adhere to: 321 | |
| 405 | + | (I) Such retailer's or hybrid retailer's written policies for preventing 322 | |
| 406 | + | diversion and misuse of cannabis and cannabis sales to underage 323 | |
| 407 | + | persons; 324 | |
| 408 | + | (II) The prohibition on off-site sales of medical marijuana products; 325 | |
| 409 | + | (III) The requirement that at least ninety per cent of the audience at 326 | |
| 410 | + | the off-site event is reasonably expected to be twenty-one years of age 327 | |
| 411 | + | or older; and 328 | |
| 412 | + | (IV) All other security requirements set forth by the department for 329 | |
| 413 | + | off-site events based on such retailer's or hybrid retailer's license type; 330 | |
| 414 | + | and 331 | |
| 415 | + | (ii) The person organizing such event has submitted a notice to the 332 | |
| 416 | + | chief elected official of the municipality in which such event will be held 333 | |
| 417 | + | disclosing: 334 | |
| 418 | + | (I) The information described in subparagraphs (A) and (B) of this 335 | |
| 419 | + | subdivision; 336 | |
| 420 | + | (II) That the retailer or hybrid retailer intends to sell cannabis to 337 | |
| 421 | + | consumers at such event; and 338 | |
| 422 | + | (III) That the person organizing such event has received, or will 339 | |
| 423 | + | receive prior to engaging in off-site event sales, all approvals required 340 | |
| 424 | + | under local zoning regulations; and 341 | |
| 425 | + | (4) Any other information the commissioner deems necessary for the 342 | |
| 426 | + | purposes of this section. 343 | |
| 427 | + | (e) The department shall collect a nonrefundable application fee in 344 | |
| 428 | + | the amount of five hundred dollars from each retailer or hybrid retailer 345 | |
| 429 | + | that submits an application to the department pursuant to subsection (c) 346 Substitute Bill No. 6699 | |
| 561 | 430 | ||
| 562 | - | procedures, (5) the requirements and obligations of a mandated | |
| 563 | - | reporter, (6) the detection and recognition of, and evidence-based | |
| 564 | - | structured literacy interventions for, students with dyslexia, as defined | |
| 565 | - | in section 10-3d, (7) culturally responsive pedagogy and practice, | |
| 566 | - | including, but not limited to, the video training module relating to | |
| 567 | - | implicit bias and anti-bias in the hiring process in accordance with the | |
| 568 | - | provisions of section 10-156hh, and (8) the principles and practices of | |
| 569 | - | social-emotional learning and restorative practices. Each local or | |
| 570 | - | regional board of education may allow any paraprofessional or | |
| 571 | - | noncertified employee to participate, on a voluntary basis, in any in- | |
| 572 | - | service training program provided pursuant to this section. | |
| 573 | - | Sec. 4. Subsection (e) of section 10-221 of the general statutes is | |
| 574 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
| 575 | - | 2023): | |
| 576 | - | (e) Each local and regional board of education shall develop, adopt | |
| 577 | - | and implement policies and procedures in conformity with section 10- | |
| 578 | - | 154a for (1) dealing with the use, sale or possession of alcohol or | |
| 579 | - | controlled drugs, as defined in [subdivision (8) of] section 21a-240, as | |
| 580 | - | amended by this act, by public school students on school property, | |
| 581 | - | including a process for coordination with, and referral of such students | |
| 582 | - | to, appropriate agencies, and (2) cooperating with law enforcement | |
| 583 | - | officials. On and after January 1, 2022, no such policies and procedures | |
| 584 | - | shall result in a student facing greater discipline, punishment or | |
| 585 | - | sanction for use, sale or possession of cannabis than a student would | |
| 586 | - | face for the use, sale or possession of alcohol. | |
| 587 | - | Sec. 5. Subsections (a) to (e), inclusive, of section 10-233d of the | |
| 588 | - | general statutes are repealed and the following is substituted in lieu | |
| 589 | - | thereof (Effective July 1, 2023): | |
| 590 | - | (a) (1) Any local or regional board of education, at a meeting at which | |
| 591 | - | three or more members of such board are present, or the impartial Substitute House Bill No. 6699 | |
| 592 | 431 | ||
| 593 | - | Public Act No. 23-79 19 of 136 | |
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| 594 | 435 | ||
| 595 | - | hearing board established pursuant to subsection (b) of this section, may | |
| 596 | - | expel, subject to the provisions of this subsection, any pupil in grades | |
| 597 | - | three to twelve, inclusive, whose conduct on school grounds or at a | |
| 598 | - | school-sponsored activity is violative of a publicized policy of such | |
| 599 | - | board and is seriously disruptive of the educational process or | |
| 600 | - | endangers persons or property or whose conduct off school grounds is | |
| 601 | - | violative of such policy and is seriously disruptive of the educational | |
| 602 | - | process, provided a majority of the board members sitting in the | |
| 603 | - | expulsion hearing vote to expel and that at least three affirmative votes | |
| 604 | - | for expulsion are cast. In making a determination as to whether conduct | |
| 605 | - | is seriously disruptive of the educational process, the board of education | |
| 606 | - | or impartial hearing board may consider, but such consideration shall | |
| 607 | - | not be limited to: (A) Whether the incident occurred within close | |
| 608 | - | proximity of a school; (B) whether other students from the school were | |
| 609 | - | involved or whether there was any gang involvement; (C) whether the | |
| 610 | - | conduct involved violence, threats of violence or the unlawful use of a | |
| 611 | - | weapon, as defined in section 29-38, and whether any injuries occurred; | |
| 612 | - | and (D) whether the conduct involved the use of alcohol. | |
| 613 | - | (2) Expulsion proceedings pursuant to this section, except as | |
| 614 | - | provided in subsection (i) of this section, shall be required for any pupil | |
| 615 | - | in grades kindergarten to twelve, inclusive, whenever there is reason to | |
| 616 | - | believe that any pupil (A) on school grounds or at a school-sponsored | |
| 617 | - | activity, was in possession of a firearm, as defined in 18 USC 921, as | |
| 618 | - | amended from time to time, or deadly weapon, dangerous instrument | |
| 619 | - | or martial arts weapon, as defined in section 53a-3, (B) off school | |
| 620 | - | grounds, did possess such a firearm in violation of section 29-35 or did | |
| 621 | - | possess and use such a firearm, instrument or weapon in the | |
| 622 | - | commission of a crime under chapter 952, or (C) on or off school | |
| 623 | - | grounds, offered for sale or distribution a controlled substance, as | |
| 624 | - | defined in [subdivision (9) of] section 21a-240, as amended by this act, | |
| 625 | - | whose manufacture, distribution, sale, prescription, dispensing, | |
| 626 | - | transporting or possessing with intent to sell or dispense, offering, or Substitute House Bill No. 6699 | |
| 436 | + | of this section. All application fees collected by the department pursuant 347 | |
| 437 | + | to this subsection shall be paid to the State Treasurer and credited to the 348 | |
| 438 | + | General Fund. 349 | |
| 439 | + | (f) (1) A municipality may, by amendment to such municipality's 350 | |
| 440 | + | zoning regulations or local ordinance: 351 | |
| 441 | + | (A) Prohibit retailers and hybrid retailers from selling cannabis in the 352 | |
| 442 | + | manner described in subsection (a) of this section; 353 | |
| 443 | + | (B) Establish reasonable restrictions concerning allowable hours and 354 | |
| 444 | + | signage for sales of cannabis under permits issued pursuant to this 355 | |
| 445 | + | section; or 356 | |
| 446 | + | (C) Establish restrictions on the proximity of sales of cannabis in the 357 | |
| 447 | + | manner described in subsection (a) of this section to any of the 358 | |
| 448 | + | establishments listed in subdivision (1) of subsection (a) of section 30-46 359 | |
| 449 | + | of the general statutes. 360 | |
| 450 | + | (2) If a municipality adopts an amendment or ordinance pursuant to 361 | |
| 451 | + | subdivision (1) of this subsection, the chief zoning official of such 362 | |
| 452 | + | municipality shall, not later than fourteen days after such municipality 363 | |
| 453 | + | adopts such amendment or ordinance, submit a report to the 364 | |
| 454 | + | department and the Secretary of the Office of Policy and Management, 365 | |
| 455 | + | in a form and manner prescribed by the commissioner, disclosing such 366 | |
| 456 | + | amendment or ordinance. 367 | |
| 457 | + | (3) No municipality may impose a fee for an application filed, or 368 | |
| 458 | + | permit issued, pursuant to this section. 369 | |
| 459 | + | (g) The commissioner shall adopt regulations, in accordance with the 370 | |
| 460 | + | provisions of chapter 54 of the general statutes, to implement the 371 | |
| 461 | + | provisions of this section. Notwithstanding the requirements of sections 372 | |
| 462 | + | 4-168 to 4-172, inclusive, of the general statutes, the commissioner shall, 373 | |
| 463 | + | prior to adopting such regulations and in order to effectuate the 374 | |
| 464 | + | purposes of RERACA and protect public health and safety, issue 375 | |
| 465 | + | policies and procedures to implement the provisions of this section, 376 Substitute Bill No. 6699 | |
| 627 | 466 | ||
| 628 | - | Public Act No. 23-79 20 of 136 | |
| 629 | 467 | ||
| 630 | - | administering is subject to criminal penalties under sections 21a-277 and | |
| 631 | - | 21a-278. Such a pupil shall be expelled for one calendar year if the local | |
| 632 | - | or regional board of education or impartial hearing board finds that the | |
| 633 | - | pupil did so possess or so possess and use, as appropriate, such a | |
| 634 | - | firearm, instrument or weapon or did so offer for sale or distribution | |
| 635 | - | such a controlled substance, provided the board of education or the | |
| 636 | - | hearing board may modify the period of expulsion for a pupil on a case- | |
| 637 | - | by-case basis, and as provided for in subdivision (2) of subsection (c) of | |
| 638 | - | this section. | |
| 639 | - | (3) Unless an emergency exists, no pupil shall be expelled without a | |
| 640 | - | formal hearing held pursuant to sections 4-176e to 4-180a, inclusive, and | |
| 641 | - | section 4-181a, provided whenever such pupil is a minor, the notice | |
| 642 | - | required by section 4-177 and section 4-180 shall also be given to the | |
| 643 | - | parents or guardian of the pupil at least five business days before such | |
| 644 | - | hearing. If an emergency exists, such hearing shall be held as soon after | |
| 645 | - | the expulsion as possible. The notice shall include information | |
| 646 | - | concerning the parent's or guardian's and the pupil's legal rights and | |
| 647 | - | concerning legal services provided free of charge or at a reduced rate | |
| 648 | - | that are available locally and how to access such services. An attorney | |
| 649 | - | or other advocate may represent any pupil subject to expulsion | |
| 650 | - | proceedings. The parent or guardian of the pupil shall have the right to | |
| 651 | - | have the expulsion hearing postponed for up to one week to allow time | |
| 652 | - | to obtain representation, except that if an emergency exists, such hearing | |
| 653 | - | shall be held as soon after the expulsion as possible. | |
| 654 | - | (b) For purposes of conducting expulsion hearings as required by | |
| 655 | - | subsection (a) of this section, any local or regional board of education or | |
| 656 | - | any two or more of such boards in cooperation may establish an | |
| 657 | - | impartial hearing board of one or more persons. No member of any such | |
| 658 | - | board or boards shall be a member of the hearing board. The hearing | |
| 659 | - | board shall have the authority to conduct the expulsion hearing and | |
| 660 | - | render a final decision in accordance with the provisions of sections 4- Substitute House Bill No. 6699 | |
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| 661 | 471 | ||
| 662 | - | Public Act No. 23-79 21 of 136 | |
| 472 | + | which policies and procedures shall have the force and effect of law. The 377 | |
| 473 | + | commissioner shall, at least fifteen days prior to the effective date of any 378 | |
| 474 | + | such policy or procedure, post such policy or procedure on the 379 | |
| 475 | + | department's Internet web site and submit such policy or procedure to 380 | |
| 476 | + | the Secretary of the State for posting on the eRegulations System. Any 381 | |
| 477 | + | such policy or procedure shall no longer be effective upon the earlier of 382 | |
| 478 | + | either the adoption of such policy or procedure as a final regulation 383 | |
| 479 | + | under section 4-172 of the general statutes or June 30, 2027, if such 384 | |
| 480 | + | regulations have not been submitted to the legislative regulation review 385 | |
| 481 | + | committee for consideration under section 4-170 of the general statutes. 386 | |
| 482 | + | Such regulations, policies and procedures shall include, but need not be 387 | |
| 483 | + | limited to, provisions concerning (1) secure transportation of products, 388 | |
| 484 | + | (2) seed-to-sale tracking requirements, (3) consumer transaction and off-389 | |
| 485 | + | site inventory limits, (4) off-site location security requirements to protect 390 | |
| 486 | + | against cannabis diversion and underage persons' access to cannabis, 391 | |
| 487 | + | and (5) off-site event advertising restrictions. 392 | |
| 488 | + | Sec. 3. Subsections (d) and (e) of section 21a-420b of the general 393 | |
| 489 | + | statutes are repealed and the following is substituted in lieu thereof 394 | |
| 490 | + | (Effective July 1, 2023): 395 | |
| 491 | + | (d) No law enforcement officer employed by an agency that receives 396 | |
| 492 | + | state or local government funds shall expend state or local resources, 397 | |
| 493 | + | including the officer's time, to effect any arrest or seizure of cannabis, or 398 | |
| 494 | + | conduct any investigation, on the sole basis of activity the officer 399 | |
| 495 | + | believes to constitute a violation of federal law if the officer has reason 400 | |
| 496 | + | to believe that such activity is in compliance with this section and 401 | |
| 497 | + | sections 21a-420a, 21a-420c to 21a-420i, inclusive, 21a-420l to 21a-420n, 402 | |
| 498 | + | inclusive, 21a-420p to 21a-420t, inclusive, 21a-420v to 21a-421c, 403 | |
| 499 | + | inclusive, 21a-421f, 21a-421g, 21a-421j to 21a-421q, inclusive, as 404 | |
| 500 | + | amended by this act, 21a-421aa to 21a-421dd, inclusive, 21a-422k and 53-405 | |
| 501 | + | 247a, [and] sections 23, 60 and 63 to 65, inclusive, of public act 21-1 of 406 | |
| 502 | + | the June special session, [or] chapter 420f or section 2 of this act. 407 | |
| 503 | + | (e) An officer may not expend state or local resources, including the 408 | |
| 504 | + | officer's time, to provide any information or logistical support to any 409 Substitute Bill No. 6699 | |
| 663 | 505 | ||
| 664 | - | 176e to 4-180a, inclusive, and section 4-181a. | |
| 665 | - | (c) (1) In determining the length of an expulsion and the nature of the | |
| 666 | - | alternative educational opportunity to be offered under subsection (d) | |
| 667 | - | of this section, the local or regional board of education, or the impartial | |
| 668 | - | hearing board established pursuant to subsection (b) of this section, may | |
| 669 | - | receive and consider evidence of past disciplinary problems that have | |
| 670 | - | led to removal from a classroom, suspension or expulsion of such pupil. | |
| 671 | - | (2) For any pupil expelled for the first time pursuant to this section | |
| 672 | - | and who has never been suspended pursuant to section 10-233c, except | |
| 673 | - | for a pupil who has been expelled based on possession of a firearm or | |
| 674 | - | deadly weapon as described in subsection (a) of this section, the local or | |
| 675 | - | regional board of education may shorten the length of or waive the | |
| 676 | - | expulsion period if the pupil successfully completes a board-specified | |
| 677 | - | program and meets any other conditions required by the board. Such | |
| 678 | - | board-specified program shall not require the pupil or the parent or | |
| 679 | - | guardian of the pupil to pay for participation in the program. | |
| 680 | - | (d) No local or regional board of education is required to offer an | |
| 681 | - | alternative educational opportunity, except in accordance with this | |
| 682 | - | section. Any pupil under sixteen years of age who is expelled shall be | |
| 683 | - | offered an alternative educational opportunity, which shall be (1) | |
| 684 | - | alternative education, as defined by section 10-74j, with an | |
| 685 | - | individualized learning plan, if such board provides such alternative | |
| 686 | - | education, or (2) in accordance with the standards adopted by the State | |
| 687 | - | Board of Education, pursuant to section 10-233o, during the period of | |
| 688 | - | expulsion, provided any parent or guardian of such pupil who does not | |
| 689 | - | choose to have [his or her] such parent's or guardian's child enrolled in | |
| 690 | - | an alternative educational opportunity shall not be subject to the | |
| 691 | - | provisions of section 10-184. Any pupil expelled for the first time who | |
| 692 | - | is between the ages of sixteen and eighteen and who wishes to continue | |
| 693 | - | [his or her] such pupil's education shall be offered such an alternative | |
| 694 | - | educational opportunity if [he or she] such pupil complies with Substitute House Bill No. 6699 | |
| 695 | 506 | ||
| 696 | - | Public Act No. 23-79 22 of 136 | |
| 507 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06699- | |
| 508 | + | R01-HB.docx } | |
| 509 | + | 15 of 44 | |
| 697 | 510 | ||
| 698 | - | conditions established by [his or her] such pupil's local or regional board | |
| 699 | - | of education. Such alternative educational opportunity may include, but | |
| 700 | - | shall not be limited to, the placement of a pupil who is at least seventeen | |
| 701 | - | years of age in an adult education program pursuant to section 10-69. | |
| 702 | - | Any pupil participating in any such adult education program during a | |
| 703 | - | period of expulsion shall not be required to withdraw from school under | |
| 704 | - | section 10-184. A local or regional board of education shall count the | |
| 705 | - | expulsion of a pupil when [he] the pupil was under sixteen years of age | |
| 706 | - | for purposes of determining whether an alternative educational | |
| 707 | - | opportunity is required for such pupil when [he] such pupil is between | |
| 708 | - | the ages of sixteen and eighteen. A local or regional board of education | |
| 709 | - | may offer an alternative educational opportunity to a pupil for whom | |
| 710 | - | such alternative educational opportunity is not required pursuant to | |
| 711 | - | this section. | |
| 712 | - | (e) If a pupil is expelled pursuant to this section for possession of a | |
| 713 | - | firearm, as defined in 18 USC 921, as amended from time to time, or | |
| 714 | - | deadly weapon, dangerous instrument or martial arts weapon, as | |
| 715 | - | defined in section 53a-3, the board of education shall report the violation | |
| 716 | - | to the local police department or in the case of a student enrolled in a | |
| 717 | - | technical education and career school to the state police. If a pupil is | |
| 718 | - | expelled pursuant to this section for the sale or distribution of a | |
| 719 | - | controlled substance, as defined in [subdivision (9) of] section 21a-240, | |
| 720 | - | as amended by this act, whose manufacture, distribution, sale, | |
| 721 | - | prescription, dispensing, transporting or possessing with the intent to | |
| 722 | - | sell or dispense, offering, or administration is subject to criminal | |
| 723 | - | penalties under sections 21a-277 and 21a-278, the board of education | |
| 724 | - | shall refer the pupil to an appropriate state or local agency for | |
| 725 | - | rehabilitation, intervention or job training, or any combination thereof, | |
| 726 | - | and inform the agency of its action. | |
| 727 | - | Sec. 6. Section 10a-18 of the general statutes is repealed and the | |
| 728 | - | following is substituted in lieu thereof (Effective July 1, 2023): Substitute House Bill No. 6699 | |
| 511 | + | federal law enforcement authority or prosecuting entity related to 410 | |
| 512 | + | activity the officer believes to constitute a violation of federal law if the 411 | |
| 513 | + | officer has reason to believe that such activity is in compliance with the 412 | |
| 514 | + | provisions of this section and sections 21a-420a, 21a-420c to 21a-420i, 413 | |
| 515 | + | inclusive, 21a-420l to 21a-420n, inclusive, 21a-420p to 21a-420t, 414 | |
| 516 | + | inclusive, 21a-420v to 21a-421c, inclusive, 21-421f, 21a-421g, 21a-421j to 415 | |
| 517 | + | 21a-421q, inclusive, as amended by this act, 21a-421aa to 21a-421dd, 416 | |
| 518 | + | inclusive, 21a-422k and 53-247a, [and] sections 23, 60 and 63 to 65, 417 | |
| 519 | + | inclusive, of public act 21-1 of the June special session, [or] chapter 420f 418 | |
| 520 | + | or section 2 of this act. 419 | |
| 521 | + | Sec. 4. Subsection (k) of section 21a-420d of the general statutes is 420 | |
| 522 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 421 | |
| 523 | + | 2023): 422 | |
| 524 | + | (k) The council shall develop criteria for evaluating the ownership 423 | |
| 525 | + | and control of any equity joint venture created under section 21a-420m, 424 | |
| 526 | + | as amended by this act, 21a-420u, as amended by this act, or [section] 425 | |
| 527 | + | 21a-420j and shall review and approve or deny in writing such equity 426 | |
| 528 | + | joint venture prior to such equity joint venture being licensed under 427 | |
| 529 | + | section 21a-420m, as amended by this act, 21a-420u, as amended by this 428 | |
| 530 | + | act, or [section] 21a-420j. After developing criteria for social equity plans 429 | |
| 531 | + | as described in subdivision (5) of subsection (h) of this section, the 430 | |
| 532 | + | council shall review and approve or deny in writing any such plan 431 | |
| 533 | + | submitted by a cannabis establishment as part of its final license 432 | |
| 534 | + | application. The council shall not approve any equity joint venture 433 | |
| 535 | + | applicant which shares with an equity joint venture any individual 434 | |
| 536 | + | owner who meets the criteria established in subparagraphs (A) and (B) 435 | |
| 537 | + | of subdivision [(48)] (49) of section 21a-420, as amended by this act. 436 | |
| 538 | + | Sec. 5. Subsection (b) of section 21a-420m of the general statutes is 437 | |
| 539 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 438 | |
| 540 | + | 2023): 439 | |
| 541 | + | (b) The equity joint venture shall be in any cannabis establishment 440 | |
| 542 | + | licensed business, other than a cultivator license, provided such equity 441 Substitute Bill No. 6699 | |
| 729 | 543 | ||
| 730 | - | Public Act No. 23-79 23 of 136 | |
| 731 | 544 | ||
| 732 | - | On and after September 1, 1974, all state institutions of higher | |
| 733 | - | education shall offer a program of information concerning drugs, as | |
| 734 | - | defined in [subdivision (17) of] section 21a-240, as amended by this act, | |
| 735 | - | and alcohol and instruction in the use and the relationships of such | |
| 736 | - | drugs and alcohol to health and personality development, and in | |
| 737 | - | procedures for discouraging their abuse, which programs shall be | |
| 738 | - | coordinated with those developed under section 10-19, as amended by | |
| 739 | - | this act. | |
| 740 | - | Sec. 7. Subdivision (4) of subsection (a) of section 10a-55c of the | |
| 741 | - | general statutes is repealed and the following is substituted in lieu | |
| 742 | - | thereof (Effective July 1, 2023): | |
| 743 | - | (4) A statement of policy regarding the possession, use and sale of | |
| 744 | - | alcoholic beverages and controlled substances, as defined in | |
| 745 | - | [subdivision (9) of] section 21a-240, as amended by this act; | |
| 746 | - | Sec. 8. Subsection (b) of section 20-34 of the general statutes is | |
| 747 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
| 748 | - | 2023): | |
| 749 | - | (b) For purposes of subsection (a) of this section, "natural substances" | |
| 750 | - | means substances that are not narcotic substances, as defined in | |
| 751 | - | [subdivision (30) of] section 21a-240, as amended by this act, do not | |
| 752 | - | require the written or oral prescription of a licensed practitioner to be | |
| 753 | - | dispensed and are only administered orally. | |
| 754 | - | Sec. 9. Subsection (a) of section 21a-248 of the general statutes is | |
| 755 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
| 756 | - | 2023): | |
| 757 | - | (a) A licensed manufacturer or wholesaler may sell and dispense | |
| 758 | - | controlled drugs to any of the following-named persons, but in the case | |
| 759 | - | of schedule II drugs only on an official written order or electronically | |
| 760 | - | through the Drug Enforcement Agency's Controlled Substance Substitute House Bill No. 6699 | |
| 545 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06699- | |
| 546 | + | R01-HB.docx } | |
| 547 | + | 16 of 44 | |
| 761 | 548 | ||
| 762 | - | Public Act No. 23-79 24 of 136 | |
| 549 | + | joint venture is at least fifty per cent owned and controlled by an 442 | |
| 550 | + | individual or individuals who meet, or the equity joint venture 443 | |
| 551 | + | applicant is an individual who meets, the criteria established in 444 | |
| 552 | + | subparagraphs (A) and (B) of subdivision [(48)] (49) of section 21a-420, 445 | |
| 553 | + | as amended by this act. 446 | |
| 554 | + | Sec. 6. Section 21a-420r of the general statutes is repealed and the 447 | |
| 555 | + | following is substituted in lieu thereof (Effective July 1, 2023): 448 | |
| 556 | + | (a) On and after July 1, 2021, the department may issue or renew a 449 | |
| 557 | + | license for a person to be a retailer. No person may act as a retailer or 450 | |
| 558 | + | represent that such person is a retailer unless such person has obtained 451 | |
| 559 | + | a license from the department pursuant to this section. 452 | |
| 560 | + | (b) A retailer may obtain cannabis from a cultivator, micro-cultivator, 453 | |
| 561 | + | producer, product packager, food and beverage manufacturer, product 454 | |
| 562 | + | manufacturer or transporter or an undeliverable return from a delivery 455 | |
| 563 | + | service. A retailer may sell, transport or transfer cannabis or cannabis 456 | |
| 564 | + | products to a delivery service, laboratory or research program. A retailer 457 | |
| 565 | + | may sell cannabis to a consumer or research program. A retailer may 458 | |
| 566 | + | not conduct sales of medical marijuana products nor offer discounts or 459 | |
| 567 | + | other inducements to qualifying patients or caregivers. A retailer shall 460 | |
| 568 | + | not gift or transfer cannabis at no cost to a consumer as part of a 461 | |
| 569 | + | commercial transaction. 462 | |
| 570 | + | (c) Retailers shall maintain a secure location, in a manner approved 463 | |
| 571 | + | by the commissioner, at the licensee's premises where cannabis that is 464 | |
| 572 | + | unable to be delivered by an employee or delivery service may be 465 | |
| 573 | + | returned to the retailer. Such secure cannabis return location shall meet 466 | |
| 574 | + | specifications set forth by the commissioner and published on the 467 | |
| 575 | + | department's Internet web site or included in regulations adopted by 468 | |
| 576 | + | the department. 469 | |
| 577 | + | (d) A retailer may deliver cannabis through a delivery service or by 470 | |
| 578 | + | utilizing its own employees, subject to the provisions of subsection (b) 471 | |
| 579 | + | of section 21a-420c. 472 Substitute Bill No. 6699 | |
| 763 | 580 | ||
| 764 | - | Ordering System: (1) To a manufacturer, wholesaler or pharmacist; (2) | |
| 765 | - | to a physician, dentist or veterinarian; (3) to a person in charge of a | |
| 766 | - | hospital, incorporated college or scientific institution, but only for use | |
| 767 | - | by or in that hospital, incorporated college or scientific institution for | |
| 768 | - | medical or scientific purposes; (4) to a person in charge of a laboratory, | |
| 769 | - | but only for use in that laboratory for scientific and medical purposes; | |
| 770 | - | and (5) to any registrant as defined in [subdivision (47) of] section 21a- | |
| 771 | - | 240, as amended by this act. | |
| 772 | - | Sec. 10. Subsection (a) of section 21a-267 of the general statutes is | |
| 773 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
| 774 | - | 2023): | |
| 775 | - | (a) No person shall use or possess with intent to use drug | |
| 776 | - | paraphernalia, as defined in subdivision (20) of section 21a-240, as | |
| 777 | - | amended by this act, to plant, propagate, cultivate, grow, harvest, | |
| 778 | - | manufacture, compound, convert, produce, process, prepare, test, | |
| 779 | - | analyze, pack, repack, store, contain or conceal, or to ingest, inhale or | |
| 780 | - | otherwise introduce into the human body, any controlled substance, as | |
| 781 | - | defined in [subdivision (9) of] section 21a-240, as amended by this act, | |
| 782 | - | other than cannabis. Any person who violates any provision of this | |
| 783 | - | subsection shall be guilty of a class C misdemeanor. | |
| 784 | - | Sec. 11. Section 21a-408 of the general statutes is repealed and the | |
| 785 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
| 786 | - | As used in this section, sections 21a-408a to 21a-408o, inclusive, and | |
| 787 | - | sections 21a-408r to 21a-408v, inclusive, as amended by this act, unless | |
| 788 | - | the context otherwise requires: | |
| 789 | - | (1) "Advanced practice registered nurse" means an advanced practice | |
| 790 | - | registered nurse licensed pursuant to chapter 378; | |
| 791 | - | (2) "Cannabis establishment" has the same meaning as provided in | |
| 792 | - | section 21a-420, as amended by this act; Substitute House Bill No. 6699 | |
| 793 | 581 | ||
| 794 | - | Public Act No. 23-79 25 of 136 | |
| 582 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06699- | |
| 583 | + | R01-HB.docx } | |
| 584 | + | 17 of 44 | |
| 795 | 585 | ||
| 796 | - | (3) "Cannabis testing laboratory" means a person who (A) is located | |
| 797 | - | in this state, (B) is licensed by the department to analyze marijuana, and | |
| 798 | - | (C) meets the licensure requirements established in section 21a-408r, as | |
| 799 | - | amended by this act, and the regulations adopted pursuant to | |
| 800 | - | subsection (d) of section 21a-408r, as amended by this act; | |
| 801 | - | (4) "Cannabis testing laboratory employee" means a person who is | |
| 802 | - | (A) employed at a cannabis testing laboratory, and (B) registered | |
| 803 | - | pursuant to section 21a-408r, as amended by this act, and the regulations | |
| 804 | - | adopted pursuant to subsection (d) of section 21a-408r, as amended by | |
| 805 | - | this act; | |
| 806 | - | (5) "Caregiver" means a person, other than the qualifying patient and | |
| 807 | - | the qualifying patient's physician, physician assistant or advanced | |
| 808 | - | practice registered nurse, who is eighteen years of age or older and has | |
| 809 | - | agreed to undertake responsibility for managing the well-being of the | |
| 810 | - | qualifying patient with respect to the palliative use of marijuana, | |
| 811 | - | provided (A) in the case of a qualifying patient (i) under eighteen years | |
| 812 | - | of age and not an emancipated minor, or (ii) otherwise lacking legal | |
| 813 | - | capacity, such person shall be a parent, guardian or person having legal | |
| 814 | - | custody of such qualifying patient, and (B) in the case of a qualifying | |
| 815 | - | patient eighteen years of age or older or an emancipated minor, the need | |
| 816 | - | for such person shall be evaluated by the qualifying patient's physician, | |
| 817 | - | physician assistant or advanced practice registered nurse and such need | |
| 818 | - | shall be documented in the written certification; | |
| 819 | - | [(3)] (6) "Cultivation" includes planting, propagating, cultivating, | |
| 820 | - | growing and harvesting; | |
| 821 | - | [(4)] (7) "Debilitating medical condition" means (A) cancer, glaucoma, | |
| 822 | - | positive status for human immunodeficiency virus or acquired immune | |
| 823 | - | deficiency syndrome, Parkinson's disease, multiple sclerosis, damage to | |
| 824 | - | the nervous tissue of the spinal cord with objective neurological | |
| 825 | - | indication of intractable spasticity, epilepsy or uncontrolled intractable Substitute House Bill No. 6699 | |
| 586 | + | (e) A retailer may sell cannabis to consumers under an off-site event 473 | |
| 587 | + | permit issued to the retailer pursuant to section 2 of this act. No retailer 474 | |
| 588 | + | shall sell cannabis at an off-site event to any individual who is acting in 475 | |
| 589 | + | such individual's capacity as a qualifying patient or caregiver. 476 | |
| 590 | + | Sec. 7. Section 21a-420s of the general statutes is repealed and the 477 | |
| 591 | + | following is substituted in lieu thereof (Effective July 1, 2023): 478 | |
| 592 | + | (a) On and after July 1, 2021, the department may issue or renew a 479 | |
| 593 | + | license for a hybrid retailer. No person may act as a hybrid retailer or 480 | |
| 594 | + | represent that such person is a hybrid retailer unless such person has 481 | |
| 595 | + | obtained a license from the department pursuant to this section. 482 | |
| 596 | + | (b) A hybrid retailer may obtain cannabis from a cultivator, micro-483 | |
| 597 | + | cultivator, producer, product packager, food and beverage 484 | |
| 598 | + | manufacturer, product manufacturer or transporter. In addition to the 485 | |
| 599 | + | activities authorized under section 21a-420t, a hybrid retailer may sell, 486 | |
| 600 | + | transport or transfer cannabis to a delivery service, laboratory or 487 | |
| 601 | + | research program. A hybrid retailer may sell cannabis products to a 488 | |
| 602 | + | consumer or research program. A hybrid retailer shall not gift or 489 | |
| 603 | + | transfer cannabis at no cost to a consumer, qualifying patient or 490 | |
| 604 | + | caregiver as part of a commercial transaction. 491 | |
| 605 | + | (c) In addition to conducting general retail sales, a hybrid retailer may 492 | |
| 606 | + | sell cannabis and medical marijuana products, to qualifying patients 493 | |
| 607 | + | and caregivers. Any cannabis or medical marijuana products sold to 494 | |
| 608 | + | qualifying patients and caregivers shall be dispensed by a licensed 495 | |
| 609 | + | pharmacist and shall be recorded in the electronic prescription drug 496 | |
| 610 | + | monitoring program, established pursuant to section 21a-254, in real-497 | |
| 611 | + | time or immediately upon completion of the transaction, unless not 498 | |
| 612 | + | reasonably feasible for a specific transaction, but in no case longer than 499 | |
| 613 | + | one hour after completion of the transaction. Only a licensed pharmacist 500 | |
| 614 | + | or dispensary technician may upload or access data in the prescription 501 | |
| 615 | + | drug monitoring program. 502 | |
| 616 | + | (d) A hybrid retailer shall maintain a licensed pharmacist on premises 503 Substitute Bill No. 6699 | |
| 826 | 617 | ||
| 827 | - | Public Act No. 23-79 26 of 136 | |
| 828 | 618 | ||
| 829 | - | seizure disorder, cachexia, wasting syndrome, Crohn's disease, | |
| 830 | - | posttraumatic stress disorder, irreversible spinal cord injury with | |
| 831 | - | objective neurological indication of intractable spasticity, cerebral palsy, | |
| 832 | - | cystic fibrosis or terminal illness requiring end-of-life care, except, if the | |
| 833 | - | qualifying patient is under eighteen years of age, "debilitating medical | |
| 834 | - | condition" means terminal illness requiring end-of-life care, irreversible | |
| 835 | - | spinal cord injury with objective neurological indication of intractable | |
| 836 | - | spasticity, cerebral palsy, cystic fibrosis, severe epilepsy or uncontrolled | |
| 837 | - | intractable seizure disorder, or (B) any medical condition, medical | |
| 838 | - | treatment or disease approved for qualifying patients by the | |
| 839 | - | Department of Consumer Protection and posted online pursuant to | |
| 840 | - | section 21a-408l; | |
| 841 | - | [(5)] (8) "Dispensary facility" means a place of business where | |
| 842 | - | marijuana may be dispensed, sold or distributed in accordance with this | |
| 843 | - | chapter and any regulations adopted thereunder to qualifying patients | |
| 844 | - | and caregivers and for which the department has issued a dispensary | |
| 845 | - | facility license pursuant to this chapter; | |
| 846 | - | [(6)] (9) "Employee" has the same meaning as provided in section 21a- | |
| 847 | - | 420, as amended by this act; | |
| 848 | - | [(7)] (10) "Institutional animal care and use committee" means a | |
| 849 | - | committee that oversees an organization's animal program, facilities | |
| 850 | - | and procedures to ensure compliance with federal policies, guidelines | |
| 851 | - | and principles related to the care and use of animals in research; | |
| 852 | - | [(8)] (11) "Institutional review board" means a specifically constituted | |
| 853 | - | review body established or designated by an organization to protect the | |
| 854 | - | rights and welfare of persons recruited to participate in biomedical, | |
| 855 | - | behavioral or social science research; | |
| 856 | - | [(9) "Laboratory" means a laboratory located in the state that is | |
| 857 | - | licensed by the department to provide analysis of marijuana and that Substitute House Bill No. 6699 | |
| 619 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06699- | |
| 620 | + | R01-HB.docx } | |
| 621 | + | 18 of 44 | |
| 858 | 622 | ||
| 859 | - | Public Act No. 23-79 27 of 136 | |
| 623 | + | at all times when the hybrid retail location is open to the public or to 504 | |
| 624 | + | qualifying patients and caregivers. 505 | |
| 625 | + | (e) The hybrid retailer location shall include a private consultation 506 | |
| 626 | + | space for pharmacists to meet with qualifying patients and caregivers. 507 | |
| 627 | + | Additionally, the hybrid retailer premises shall accommodate an 508 | |
| 628 | + | expedited method of entry that allows for priority entrance into the 509 | |
| 629 | + | premises for qualifying patients and caregivers. 510 | |
| 630 | + | (f) Hybrid retailers shall maintain a secure location, in a manner 511 | |
| 631 | + | approved by the commissioner, at the licensee's premises where 512 | |
| 632 | + | cannabis that is unable to be delivered may be returned to the hybrid 513 | |
| 633 | + | retailer. Such secure cannabis return location shall meet specifications 514 | |
| 634 | + | set forth by the commissioner and published on the department's 515 | |
| 635 | + | Internet web site or included in regulations adopted by the department. 516 | |
| 636 | + | (g) Cannabis dispensed to a qualifying patient or caregiver that are 517 | |
| 637 | + | unable to be delivered and are returned by the delivery service to the 518 | |
| 638 | + | hybrid retailer shall be returned to the licensee inventory system and 519 | |
| 639 | + | removed from the prescription drug monitoring program not later than 520 | |
| 640 | + | forty-eight hours after receipt of the cannabis from the delivery service. 521 | |
| 641 | + | (h) A hybrid retailer may not convert its license to a retailer license. 522 | |
| 642 | + | To obtain a retailer license, a hybrid retailer shall apply through the 523 | |
| 643 | + | lottery application process. A hybrid retailer may convert to a 524 | |
| 644 | + | dispensary facility if the hybrid retailer complies with all applicable 525 | |
| 645 | + | provisions of chapter 420f, and upon written approval by the 526 | |
| 646 | + | department. 527 | |
| 647 | + | (i) A hybrid retailer may sell cannabis to consumers under an off-site 528 | |
| 648 | + | event permit issued to the hybrid retailer pursuant to section 2 of this 529 | |
| 649 | + | act. No hybrid retailer shall sell cannabis at an off-site event to any 530 | |
| 650 | + | individual who is acting in such individual's capacity as a qualifying 531 | |
| 651 | + | patient or caregiver. 532 | |
| 652 | + | Sec. 8. Subsection (b) of section 21a-420u of the general statutes is 533 | |
| 653 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 534 Substitute Bill No. 6699 | |
| 860 | 654 | ||
| 861 | - | meets the licensure requirements set forth in section 21a-246; | |
| 862 | - | (10) "Laboratory employee" means a person who is registered as a | |
| 863 | - | laboratory employee pursuant to section 21a-408r;] | |
| 864 | - | [(11)] (12) "Licensed dispensary" or "dispensary" means an individual | |
| 865 | - | who is a licensed pharmacist employed by a dispensary facility or | |
| 866 | - | hybrid retailer; | |
| 867 | - | [(12) "Producer" means a person who is licensed as a producer | |
| 868 | - | pursuant to section 21a-408i;] | |
| 869 | - | (13) "Marijuana" means marijuana, as defined in section 21a-240, as | |
| 870 | - | amended by this act; | |
| 871 | - | (14) "Nurse" means a person who is licensed as a nurse under chapter | |
| 872 | - | 378; | |
| 873 | - | (15) "Palliative use" means the acquisition, distribution, transfer, | |
| 874 | - | possession, use or transportation of marijuana or paraphernalia relating | |
| 875 | - | to marijuana, including the transfer of marijuana and paraphernalia | |
| 876 | - | relating to marijuana from the patient's caregiver to the qualifying | |
| 877 | - | patient, to alleviate a qualifying patient's symptoms of a debilitating | |
| 878 | - | medical condition or the effects of such symptoms, but does not include | |
| 879 | - | any such use of marijuana by any person other than the qualifying | |
| 880 | - | patient; | |
| 881 | - | (16) "Paraphernalia" means drug paraphernalia, as defined in section | |
| 882 | - | 21a-240, as amended by this act; | |
| 883 | - | (17) "Physician" means a person who is licensed as a physician under | |
| 884 | - | chapter 370; | |
| 885 | - | (18) "Physician assistant" means a person who is licensed as a | |
| 886 | - | physician assistant under chapter 370; Substitute House Bill No. 6699 | |
| 887 | 655 | ||
| 888 | - | Public Act No. 23-79 28 of 136 | |
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| 657 | + | R01-HB.docx } | |
| 658 | + | 19 of 44 | |
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| 660 | + | 2023): 535 | |
| 661 | + | (b) Any equity joint venture created under this section shall be 536 | |
| 662 | + | created for the development of a cannabis establishment, other than a 537 | |
| 663 | + | cultivator, provided such equity joint venture is at least fifty per cent 538 | |
| 664 | + | owned and controlled by an individual or individuals who meet, or the 539 | |
| 665 | + | equity joint venture applicant is an individual who meets, the criteria 540 | |
| 666 | + | established in subparagraphs (A) and (B) of subdivision [(48)] (49) of 541 | |
| 667 | + | section 21a-420, as amended by this act. 542 | |
| 668 | + | Sec. 9. Subsection (b) of section 21a-420y of the general statutes is 543 | |
| 669 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 544 | |
| 670 | + | 2023): 545 | |
| 671 | + | (b) A product packager may obtain cannabis from a producer, 546 | |
| 672 | + | cultivator, micro-cultivator, food and beverage manufacturer or a 547 | |
| 673 | + | product manufacturer, provided the product packager utilizes its own 548 | |
| 674 | + | employees or a transporter. The product packager may sell, transfer or 549 | |
| 675 | + | transport cannabis to and from any cannabis establishment, laboratory 550 | |
| 676 | + | for testing or research program, provided the product packager only 551 | |
| 677 | + | transports cannabis packaged at its licensed establishment and utilizing 552 | |
| 678 | + | its own employees or a transporter. 553 | |
| 679 | + | Sec. 10. Section 21a-420z of the general statutes is repealed and the 554 | |
| 680 | + | following is substituted in lieu thereof (Effective July 1, 2023): 555 | |
| 681 | + | (a) On and after July 1, 2021, the department may issue or renew a 556 | |
| 682 | + | license for a person to be a delivery service or a transporter. No person 557 | |
| 683 | + | may act as a delivery service or transporter or represent that such person 558 | |
| 684 | + | is a licensed delivery service or transporter unless such person has 559 | |
| 685 | + | obtained a license from the department pursuant to this section. 560 | |
| 686 | + | (b) Upon application for a delivery service or transporter license, the 561 | |
| 687 | + | applicant shall indicate whether the applicant is applying to transport 562 | |
| 688 | + | cannabis (1) between cannabis establishments, in which case the 563 | |
| 689 | + | applicant shall apply for a transporter license, or (2) from certain 564 | |
| 690 | + | cannabis establishments to consumers or qualifying patients and 565 Substitute Bill No. 6699 | |
| 921 | 691 | ||
| 922 | - | Public Act No. 23-79 29 of 136 | |
| 923 | 692 | ||
| 924 | - | to increase information or knowledge regarding the growth or | |
| 925 | - | processing of marijuana, or the medical attributes, dosage forms, | |
| 926 | - | administration or use of marijuana to treat or alleviate symptoms of any | |
| 927 | - | medical conditions or the effects of such symptoms; | |
| 928 | - | (22) "Research program employee" means a person who (A) is | |
| 929 | - | registered as a research program employee under section 21a-408t, or | |
| 930 | - | (B) holds a temporary certificate of registration issued pursuant to | |
| 931 | - | section 21a-408t; | |
| 932 | - | (23) "Research program subject" means a person registered as a | |
| 933 | - | research program subject pursuant to section 21a-408v; | |
| 934 | - | (24) "Usable marijuana" means the dried leaves and flowers of the | |
| 935 | - | marijuana plant, and any mixtures or preparations of such leaves and | |
| 936 | - | flowers, that are appropriate for the palliative use of marijuana, but does | |
| 937 | - | not include the seeds, stalks and roots of the marijuana plant; and | |
| 938 | - | (25) "Written certification" means a written certification issued by a | |
| 939 | - | physician, physician assistant or advanced practice registered nurse | |
| 940 | - | pursuant to section 21a-408c. | |
| 941 | - | Sec. 12. Subsection (a) of section 21a-408b of the general statutes is | |
| 942 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
| 943 | - | 2023): | |
| 944 | - | (a) No person may serve as a caregiver for a qualifying patient [(1)] | |
| 945 | - | unless such qualifying patient has a valid registration certificate from | |
| 946 | - | the Department of Consumer Protection pursuant to subsection (a) of | |
| 947 | - | section 21a-408d. [, and (2) if such person has been convicted of a | |
| 948 | - | violation of any law pertaining to the illegal manufacture, sale or | |
| 949 | - | distribution of a controlled substance.] A caregiver may not be | |
| 950 | - | responsible for the care of more than one qualifying patient at any time, | |
| 951 | - | except that a caregiver may be responsible for the care of more than one | |
| 952 | - | qualifying patient if the caregiver and each qualifying patient have a Substitute House Bill No. 6699 | |
| 693 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06699- | |
| 694 | + | R01-HB.docx } | |
| 695 | + | 20 of 44 | |
| 953 | 696 | ||
| 954 | - | Public Act No. 23-79 30 of 136 | |
| 697 | + | caregivers, or a combination thereof, in which case the applicant shall 566 | |
| 698 | + | apply for a delivery service license. 567 | |
| 699 | + | (c) A delivery service may (1) deliver cannabis from a micro-568 | |
| 700 | + | cultivator, retailer, or hybrid retailer directly to a consumer, and (2) 569 | |
| 701 | + | deliver cannabis and medical marijuana products from a hybrid retailer 570 | |
| 702 | + | or dispensary facility directly to a qualifying patient, caregiver, or 571 | |
| 703 | + | hospice or other inpatient care facility licensed by the Department of 572 | |
| 704 | + | Public Health pursuant to chapter 368v that has protocols for the 573 | |
| 705 | + | handling and distribution of cannabis that have been approved by the 574 | |
| 706 | + | Department of Consumer Protection. A delivery service may not store 575 | |
| 707 | + | or maintain control of cannabis or medical marijuana products for more 576 | |
| 708 | + | than twenty-four hours between the point when a consumer, qualifying 577 | |
| 709 | + | patient, caregiver or facility places an order, until the time that the 578 | |
| 710 | + | cannabis or medical marijuana product is delivered to such consumer, 579 | |
| 711 | + | qualifying patient, caregiver or facility. 580 | |
| 712 | + | (d) A transporter may deliver cannabis between cannabis 581 | |
| 713 | + | establishments, research programs and laboratories and shall not store 582 | |
| 714 | + | or maintain control of cannabis for more than twenty-four hours from 583 | |
| 715 | + | the time the transporter obtains the cannabis from a cannabis 584 | |
| 716 | + | establishment, research program or laboratory until the time such 585 | |
| 717 | + | cannabis is delivered to the destination. 586 | |
| 718 | + | (e) The commissioner shall adopt regulations, in accordance with 587 | |
| 719 | + | chapter 54, to implement the provisions of RERACA. Notwithstanding 588 | |
| 720 | + | the requirements of sections 4-168 to 4-172, inclusive, in order to 589 | |
| 721 | + | effectuate the purposes of RERACA and protect public health and 590 | |
| 722 | + | safety, prior to adopting such regulations the commissioner shall issue 591 | |
| 723 | + | policies and procedures to implement the provisions of this section that 592 | |
| 724 | + | shall have the force and effect of law. The commissioner shall post all 593 | |
| 725 | + | policies and procedures on the department's Internet web site, and 594 | |
| 726 | + | submit such policies and procedures to the Secretary of the State for 595 | |
| 727 | + | posting on the eRegulations System, at least fifteen days prior to the 596 | |
| 728 | + | effective date of any policy or procedure. Any such policy or procedure 597 | |
| 729 | + | shall no longer be effective upon the earlier of either adoption of such 598 Substitute Bill No. 6699 | |
| 955 | 730 | ||
| 956 | - | parental, grandparental, guardianship, conservatorship, spousal or | |
| 957 | - | sibling relationship. | |
| 958 | - | Sec. 13. Section 21a-408h of the general statutes is repealed and the | |
| 959 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
| 960 | - | (a) No person may act as a dispensary or represent that such person | |
| 961 | - | is a licensed dispensary unless such person has obtained a license from | |
| 962 | - | the Commissioner of Consumer Protection pursuant to this section. | |
| 963 | - | (b) No person may act as a dispensary facility or represent that such | |
| 964 | - | person is a licensed dispensary facility unless such person has obtained | |
| 965 | - | a license from the Commissioner of Consumer Protection pursuant to | |
| 966 | - | this section. | |
| 967 | - | (c) The Commissioner of Consumer Protection shall determine the | |
| 968 | - | number of dispensary facilities appropriate to meet the needs of | |
| 969 | - | qualifying patients in this state and shall adopt regulations, in | |
| 970 | - | accordance with chapter 54, to provide for the licensure and standards | |
| 971 | - | for dispensary facilities in this state and specify the maximum number | |
| 972 | - | of dispensary facilities that may be licensed in this state. On and after | |
| 973 | - | the effective date of such regulations, the commissioner may license any | |
| 974 | - | person who applies for a license in accordance with such regulations, | |
| 975 | - | provided the commissioner deems such applicant qualified to acquire, | |
| 976 | - | possess, distribute and dispense marijuana pursuant to sections 21a-408 | |
| 977 | - | to 21a-408m, inclusive, as amended by this act. At a minimum, such | |
| 978 | - | regulations shall: | |
| 979 | - | (1) Indicate the maximum number of dispensary facilities that may | |
| 980 | - | be licensed in this state; | |
| 981 | - | (2) Provide that no marijuana may be dispensed from, obtained from | |
| 982 | - | or transferred to a location outside of this state; | |
| 983 | - | [(3) Establish a licensing fee and renewal fee for each dispensary Substitute House Bill No. 6699 | |
| 984 | 731 | ||
| 985 | - | Public Act No. 23-79 31 of 136 | |
| 732 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06699- | |
| 733 | + | R01-HB.docx } | |
| 734 | + | 21 of 44 | |
| 986 | 735 | ||
| 987 | - | facility, provided such fees shall not be less than the amount necessary | |
| 988 | - | to cover the direct and indirect cost of licensing and regulating | |
| 989 | - | dispensary facilities pursuant to sections 21a-408 to 21a-408m, | |
| 990 | - | inclusive;] | |
| 991 | - | [(4)] (3) Provide for renewal of [such] dispensary facility licenses at | |
| 992 | - | least every two years; | |
| 993 | - | [(5)] (4) Describe areas in this state where dispensary facilities may | |
| 994 | - | not be located, after considering the criteria for the location of retail | |
| 995 | - | liquor permit premises set forth in subsection (a) of section 30-46; | |
| 996 | - | [(6)] (5) Establish health, safety and security requirements for | |
| 997 | - | dispensary facilities, which may include, but need not be limited to: (A) | |
| 998 | - | The ability to maintain adequate control against the diversion, theft and | |
| 999 | - | loss of marijuana acquired or possessed by the dispensary facility, and | |
| 1000 | - | (B) the ability to maintain the knowledge, understanding, judgment, | |
| 1001 | - | procedures, security controls and ethics to ensure optimal safety and | |
| 1002 | - | accuracy in the distributing, dispensing and use of palliative marijuana; | |
| 1003 | - | [(7)] (6) Establish standards and procedures for revocation, | |
| 1004 | - | suspension, summary suspension and nonrenewal of dispensary facility | |
| 1005 | - | licenses, provided such standards and procedures are consistent with | |
| 1006 | - | the provisions of subsection (c) of section 4-182; and | |
| 1007 | - | [(8)] (7) Establish other licensing, renewal and operational standards | |
| 1008 | - | deemed necessary by the commissioner. | |
| 1009 | - | [(d) Any fees collected by the Department of Consumer Protection | |
| 1010 | - | under this section shall be paid to the State Treasurer and credited to the | |
| 1011 | - | General Fund.] | |
| 1012 | - | [(e)] (d) On or before January 1, 2017, and annually thereafter, each | |
| 1013 | - | dispensary facility shall report data to the Department of Consumer | |
| 1014 | - | Protection relating to the types, mixtures and dosages of palliative Substitute House Bill No. 6699 | |
| 736 | + | policy or procedure as a final regulation under section 4-172 or forty-599 | |
| 737 | + | eight months from July 1, 2021, if such final regulations have not been 600 | |
| 738 | + | submitted to the legislative regulation review committee for 601 | |
| 739 | + | consideration under section 4-170. The commissioner shall issue policies 602 | |
| 740 | + | and procedures, and thereafter adopt final regulations, requiring that: 603 | |
| 741 | + | (1) The delivery service and transporter meet certain security 604 | |
| 742 | + | requirements related to the storage, handling and transport of cannabis, 605 | |
| 743 | + | the vehicles employed, the conduct of employees and agents, and the 606 | |
| 744 | + | documentation that shall be maintained by the delivery service, 607 | |
| 745 | + | transporter and its drivers; (2) a delivery service that delivers cannabis 608 | |
| 746 | + | to consumers maintain an online interface that verifies the age of 609 | |
| 747 | + | consumers ordering cannabis for delivery and meets certain 610 | |
| 748 | + | specifications and data security standards; and (3) a delivery service that 611 | |
| 749 | + | delivers cannabis to consumers, qualifying patients or caregivers, and 612 | |
| 750 | + | all employees and agents of such licensee, to verify the identity of the 613 | |
| 751 | + | qualifying patient, caregiver or consumer and the age of the consumer 614 | |
| 752 | + | upon delivery of cannabis to the end consumer, qualifying patient or 615 | |
| 753 | + | caregiver, in a manner acceptable to the commissioner. The individual 616 | |
| 754 | + | placing the cannabis order shall be the individual accepting delivery of 617 | |
| 755 | + | the cannabis except, in the case of a qualifying patient, the individual 618 | |
| 756 | + | accepting the delivery may be the caregiver of such qualifying patient. 619 | |
| 757 | + | (f) A delivery service shall not gift or transfer cannabis at no cost to a 620 | |
| 758 | + | consumer or qualifying patient or caregiver as part of a commercial 621 | |
| 759 | + | transaction. 622 | |
| 760 | + | (g) A delivery service that employs twelve or more individuals to 623 | |
| 761 | + | deliver cannabis pursuant to subsection (c) of this section may only use 624 | |
| 762 | + | individuals employed on a full-time basis, not less than thirty-five hours 625 | |
| 763 | + | a week, to deliver cannabis pursuant to subsection (c) of this section. 626 | |
| 764 | + | Any delivery service employees who deliver cannabis shall be 627 | |
| 765 | + | registered with the department, and a delivery service shall not employ 628 | |
| 766 | + | more than twenty-five such delivery employees at any given time. 629 | |
| 767 | + | (h) No provision of this section shall be construed to excuse any 630 | |
| 768 | + | delivery service from the requirement that such delivery service enter 631 Substitute Bill No. 6699 | |
| 1015 | 769 | ||
| 1016 | - | Public Act No. 23-79 32 of 136 | |
| 1017 | 770 | ||
| 1018 | - | marijuana dispensed by such dispensary facility. A report prepared | |
| 1019 | - | pursuant to this subsection shall be in such form as may be prescribed | |
| 1020 | - | by the Commissioner of Consumer Protection. | |
| 1021 | - | Sec. 14. Subsection (a) of section 21a-408j of the general statutes is | |
| 1022 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
| 1023 | - | 2023): | |
| 1024 | - | (a) No dispensary facility or employee of the dispensary facility may: | |
| 1025 | - | (1) Acquire marijuana from a person other than a producer from a | |
| 1026 | - | cultivator, micro-cultivator, product manufacturer, food and beverage | |
| 1027 | - | manufacturer, product packager, or transporter, as such terms are | |
| 1028 | - | defined in section 21a-420, as amended by this act; (2) transfer or | |
| 1029 | - | transport marijuana to a person who is not (A) a qualifying patient | |
| 1030 | - | registered under section 21a-408d; (B) a caregiver of such qualifying | |
| 1031 | - | patient; (C) a hospice or other inpatient care facility licensed by the | |
| 1032 | - | Department of Public Health pursuant to chapter 368v that has a | |
| 1033 | - | protocol for the handling and distribution of marijuana that has been | |
| 1034 | - | approved by the Department of Consumer Protection; (D) a cannabis | |
| 1035 | - | testing laboratory; (E) an organization engaged in a research program; | |
| 1036 | - | (F) a delivery service, as defined in section 21a-420, as amended by this | |
| 1037 | - | act; or (G) a transporter, as defined in section 21a-420, as amended by | |
| 1038 | - | this act; or (3) obtain or transport marijuana outside of this state in | |
| 1039 | - | violation of state or federal law. | |
| 1040 | - | Sec. 15. Section 21a-408k of the general statutes is repealed and the | |
| 1041 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
| 1042 | - | (a) No producer or employee of the producer may: (1) Sell, deliver, | |
| 1043 | - | transport or distribute marijuana to a person who is not (A) a cannabis | |
| 1044 | - | establishment, (B) a cannabis testing laboratory, or (C) an organization | |
| 1045 | - | engaged in a research program, or (2) obtain or transport marijuana | |
| 1046 | - | outside of this state in violation of state or federal law. Substitute House Bill No. 6699 | |
| 771 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06699- | |
| 772 | + | R01-HB.docx } | |
| 773 | + | 22 of 44 | |
| 1047 | 774 | ||
| 1048 | - | Public Act No. 23-79 33 of 136 | |
| 775 | + | into a labor peace agreement with a bona fide labor organization under 632 | |
| 776 | + | section 21a-421d, as amended by this act. 633 | |
| 777 | + | Sec. 11. Section 21a-421p of the general statutes is repealed and the 634 | |
| 778 | + | following is substituted in lieu thereof (Effective July 1, 2023): 635 | |
| 779 | + | (a) For sufficient cause found pursuant to subsection (b) of this 636 | |
| 780 | + | section, the commissioner may suspend or revoke a license, permit or 637 | |
| 781 | + | registration, issue fines of not more than twenty-five thousand dollars 638 | |
| 782 | + | per violation, accept an offer in compromise or refuse to grant [or 639 | |
| 783 | + | renew] a license, permit or registration, or renew a license or 640 | |
| 784 | + | registration, issued pursuant to RERACA, or place such licensee or 641 | |
| 785 | + | registrant on probation, place conditions on such licensee or registrant 642 | |
| 786 | + | or take other actions [permitted] authorized by law. Information from 643 | |
| 787 | + | inspections and investigations conducted by the department related to 644 | |
| 788 | + | administrative complaints or cases shall not be subject to disclosure 645 | |
| 789 | + | under the Freedom of Information Act, as defined in section 1-200, 646 | |
| 790 | + | except after the department has entered into a settlement agreement, or 647 | |
| 791 | + | concluded its investigation or inspection as evidenced by case closure, 648 | |
| 792 | + | provided [that] nothing in this section shall prevent the department 649 | |
| 793 | + | from sharing information with other state and federal agencies and law 650 | |
| 794 | + | enforcement as it relates to investigating violations of law. 651 | |
| 795 | + | (b) Any of the following shall constitute sufficient cause for such 652 | |
| 796 | + | action by the commissioner, including, but not limited to: 653 | |
| 797 | + | (1) Furnishing of false or fraudulent information in any application 654 | |
| 798 | + | or failure to comply with representations made in any application, 655 | |
| 799 | + | including, but not limited to, medical preservation plans and security 656 | |
| 800 | + | requirements; 657 | |
| 801 | + | (2) A civil judgment against or disqualifying conviction of a cannabis 658 | |
| 802 | + | establishment licensee, backer, key employee or license applicant; 659 | |
| 803 | + | (3) Failure to maintain effective controls against diversion, theft or 660 | |
| 804 | + | loss of cannabis, cannabis products or other controlled substances; 661 Substitute Bill No. 6699 | |
| 1049 | 805 | ||
| 1050 | - | (b) No licensed producer or employee of the producer acting within | |
| 1051 | - | the scope of [his or her] such employee's employment shall be subject to | |
| 1052 | - | arrest or prosecution or penalized in any manner, including, but not | |
| 1053 | - | limited to, being subject to any civil penalty, or denied any right or | |
| 1054 | - | privilege, including, but not limited to, being subject to any disciplinary | |
| 1055 | - | action by a professional licensing board, for cultivating marijuana or | |
| 1056 | - | selling, delivering, transferring, transporting or distributing marijuana | |
| 1057 | - | to a cannabis establishment, cannabis testing laboratory or research | |
| 1058 | - | program. | |
| 1059 | - | Sec. 16. Subsections (a) to (d), inclusive, of section 21a-408r of the | |
| 1060 | - | general statutes are repealed and the following is substituted in lieu | |
| 1061 | - | thereof (Effective July 1, 2023): | |
| 1062 | - | (a) No person may act as a cannabis testing laboratory or represent | |
| 1063 | - | that such person is a cannabis testing laboratory unless such person has | |
| 1064 | - | (1) obtained a license from the Commissioner of Consumer Protection | |
| 1065 | - | pursuant to this section, or (2) [(A) been granted approval by the | |
| 1066 | - | Commissioner of Consumer Protection as of October 1, 2021, and (B) | |
| 1067 | - | submitted an application to the Commissioner of Consumer Protection | |
| 1068 | - | for licensure pursuant to this section in a form and manner prescribed | |
| 1069 | - | by the commissioner. Such person may continue to act as a laboratory | |
| 1070 | - | until such application for licensure under this section is approved or | |
| 1071 | - | denied by the Commissioner of Consumer Protection] obtained a license | |
| 1072 | - | from the Department of Consumer Protection on or before June 30, 2023, | |
| 1073 | - | as a laboratory authorized to engage in cannabis testing and such license | |
| 1074 | - | remains active on July 1, 2023. Any person that satisfies the criteria | |
| 1075 | - | established in subdivision (2) of this subsection shall be deemed to be a | |
| 1076 | - | licensed cannabis testing laboratory for the duration of such prior | |
| 1077 | - | license and, upon expiration of such prior license, such person shall be | |
| 1078 | - | eligible to renew such expired prior license as a cannabis testing | |
| 1079 | - | laboratory license. The fee to receive a provisional license as a cannabis | |
| 1080 | - | testing laboratory shall be five hundred dollars, and the fee to receive a Substitute House Bill No. 6699 | |
| 1081 | 806 | ||
| 1082 | - | Public Act No. 23-79 34 of 136 | |
| 807 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06699- | |
| 808 | + | R01-HB.docx } | |
| 809 | + | 23 of 44 | |
| 1083 | 810 | ||
| 1084 | - | final license, or renewal of a final license, as a cannabis testing laboratory | |
| 1085 | - | shall be one thousand dollars. | |
| 1086 | - | (b) Except as provided in subsection (c) of this section, no person may | |
| 1087 | - | act as a cannabis testing laboratory employee or represent that such | |
| 1088 | - | person is a cannabis testing laboratory employee unless such person has | |
| 1089 | - | obtained a registration from the Commissioner of Consumer Protection | |
| 1090 | - | pursuant to this section. Any person to whom the Department of | |
| 1091 | - | Consumer Protection has issued laboratory employee credentials on or | |
| 1092 | - | before June 30, 2023, shall, if such credentials remain active on July 1, | |
| 1093 | - | 2023, and authorize such person to handle and test cannabis, be deemed | |
| 1094 | - | to be a registered cannabis testing laboratory employee for the duration | |
| 1095 | - | of such prior credentials and, upon expiration of such prior credentials, | |
| 1096 | - | be eligible to renew such expired prior credentials in the manner set | |
| 1097 | - | forth for renewing a certificate of registration as a cannabis testing | |
| 1098 | - | laboratory employee. | |
| 1099 | - | (c) Prior to the effective date of regulations adopted under this | |
| 1100 | - | section, the Commissioner of Consumer Protection may issue a | |
| 1101 | - | temporary certificate of registration to a cannabis testing laboratory | |
| 1102 | - | employee. The commissioner shall prescribe the standards, procedures | |
| 1103 | - | and fees for obtaining a temporary certificate of registration as a | |
| 1104 | - | cannabis testing laboratory employee. | |
| 1105 | - | (d) The Commissioner of Consumer Protection shall adopt | |
| 1106 | - | regulations, in accordance with chapter 54, to (1) provide for the | |
| 1107 | - | licensure or registration of cannabis testing laboratories and cannabis | |
| 1108 | - | testing laboratory employees, (2) establish standards and procedures for | |
| 1109 | - | the revocation, suspension, summary suspension and nonrenewal of | |
| 1110 | - | cannabis testing laboratory licenses and cannabis testing laboratory | |
| 1111 | - | employee registrations, provided such standards and procedures are | |
| 1112 | - | consistent with the provisions of subsection (c) of section 4-182, (3) | |
| 1113 | - | establish a [license or] registration renewal fee for each [licensed | |
| 1114 | - | laboratory and] registered cannabis testing laboratory employee, Substitute House Bill No. 6699 | |
| 811 | + | (4) Discipline by, or a pending disciplinary action or an unresolved 662 | |
| 812 | + | complaint against a cannabis establishment licensee, registrant or 663 | |
| 813 | + | applicant regarding any professional license or registration of any 664 | |
| 814 | + | federal, state or local government; 665 | |
| 815 | + | (5) Failure to keep accurate records and to account for the cultivation, 666 | |
| 816 | + | manufacture, packaging or sale of cannabis; 667 | |
| 817 | + | (6) Denial, suspension or revocation of a license or registration, or the 668 | |
| 818 | + | denial of a renewal of a license or registration, by any federal, state or 669 | |
| 819 | + | local government or a foreign jurisdiction; 670 | |
| 820 | + | (7) False, misleading or deceptive representations to the public or the 671 | |
| 821 | + | department; 672 | |
| 822 | + | (8) Return to regular stock of any cannabis where: 673 | |
| 823 | + | (A) The package or container containing the cannabis has been 674 | |
| 824 | + | opened, breached, tampered with or otherwise adulterated; or 675 | |
| 825 | + | (B) The cannabis has been previously sold to an end user or research 676 | |
| 826 | + | program subject; 677 | |
| 827 | + | (9) Involvement in a fraudulent or deceitful practice or transaction; 678 | |
| 828 | + | (10) Performance of incompetent or negligent work; 679 | |
| 829 | + | (11) Failure to maintain the entire cannabis establishment premises 680 | |
| 830 | + | or laboratory and contents in a secure, clean, orderly and sanitary 681 | |
| 831 | + | condition; 682 | |
| 832 | + | (12) [Permitting] Allowing another person to use the licensee's 683 | |
| 833 | + | license; 684 | |
| 834 | + | (13) Failure to properly register employees or license key employees, 685 | |
| 835 | + | or failure to notify the department of a change in key employees or 686 | |
| 836 | + | backers; 687 Substitute Bill No. 6699 | |
| 1115 | 837 | ||
| 1116 | - | Public Act No. 23-79 35 of 136 | |
| 1117 | 838 | ||
| 1118 | - | provided the aggregate amount of such [license, registration and | |
| 1119 | - | renewal] fees shall not be less than the amount necessary to cover the | |
| 1120 | - | direct and indirect cost of [licensing,] registering and regulating | |
| 1121 | - | [laboratories and] cannabis testing laboratory employees in accordance | |
| 1122 | - | with the provisions of this chapter, (4) establish procedures by which | |
| 1123 | - | cannabis testing laboratories shall accept marijuana samples from | |
| 1124 | - | caregivers, qualifying patients and consumers for testing, and [(4)] (5) | |
| 1125 | - | establish other licensing, registration, renewal and operational | |
| 1126 | - | standards deemed necessary by the commissioner. For the purposes of | |
| 1127 | - | this subsection, "consumer" has the same meaning as provided in | |
| 1128 | - | section 21a-420, as amended by this act. | |
| 1129 | - | Sec. 17. Section 21a-408s of the general statutes is repealed and the | |
| 1130 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
| 1131 | - | (a) No cannabis testing laboratory or cannabis testing laboratory | |
| 1132 | - | employee may (1) acquire marijuana from a person other than (A) a | |
| 1133 | - | cannabis establishment or an organization engaged in a research | |
| 1134 | - | program, or (B) a caregiver, a qualifying patient or a consumer, as | |
| 1135 | - | defined in section 21a-420, as amended by this act, providing a | |
| 1136 | - | marijuana sample under regulations adopted by the Commissioner of | |
| 1137 | - | Consumer Protection pursuant to subsection (d) of section 21a-408r, as | |
| 1138 | - | amended by this act, (2) deliver, transport or distribute marijuana to (A) | |
| 1139 | - | a person who is not a cannabis establishment from which the marijuana | |
| 1140 | - | was originally acquired by the cannabis testing laboratory or cannabis | |
| 1141 | - | testing laboratory employee, or (B) an organization not engaged in a | |
| 1142 | - | research program, or (3) obtain or transport marijuana outside of this | |
| 1143 | - | state in violation of state or federal law. | |
| 1144 | - | (b) (1) No cannabis testing laboratory employee acting within the | |
| 1145 | - | scope of [his or her] such cannabis testing laboratory employee's | |
| 1146 | - | employment shall be subject to arrest or prosecution, penalized in any | |
| 1147 | - | manner, including, but not limited to, being subject to any civil penalty, | |
| 1148 | - | or denied any right or privilege, including, but not limited to, being Substitute House Bill No. 6699 | |
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| 840 | + | R01-HB.docx } | |
| 841 | + | 24 of 44 | |
| 1149 | 842 | ||
| 1150 | - | Public Act No. 23-79 36 of 136 | |
| 843 | + | (14) An adverse administrative decision or delinquency assessment 688 | |
| 844 | + | against the cannabis establishment from the Department of Revenue 689 | |
| 845 | + | Services; 690 | |
| 846 | + | (15) Failure to cooperate or give information to the department, local 691 | |
| 847 | + | law enforcement authorities or any other enforcement agency upon any 692 | |
| 848 | + | matter arising out of conduct in connection with a research program or 693 | |
| 849 | + | an event that is the subject of an off-site event permit issued pursuant to 694 | |
| 850 | + | section 2 of this act, or at the premises of a cannabis establishment or a 695 | |
| 851 | + | laboratory; [or in connection with a research program;] 696 | |
| 852 | + | (16) Advertising in a manner prohibited by section 21a-421bb; or 697 | |
| 853 | + | (17) Failure to comply with any provision of RERACA, or any policies 698 | |
| 854 | + | and procedures issued by the commissioner to imp lement, or 699 | |
| 855 | + | regulations adopted pursuant to, RERACA. 700 | |
| 856 | + | (c) Upon refusal to issue [or renew] a license, permit or registration, 701 | |
| 857 | + | or renew a license or registration, the commissioner shall notify the 702 | |
| 858 | + | applicant of the denial and of the applicant's right to request a hearing 703 | |
| 859 | + | within ten days from the date of receipt of the notice of denial. If the 704 | |
| 860 | + | applicant requests a hearing within such ten-day period, the 705 | |
| 861 | + | commissioner shall give notice of the grounds for the commissioner's 706 | |
| 862 | + | refusal and shall conduct a hearing concerning such refusal in 707 | |
| 863 | + | accordance with the provisions of chapter 54 concerning contested 708 | |
| 864 | + | cases. If the commissioner's denial of a license or registration is 709 | |
| 865 | + | sustained after such hearing, an applicant may not apply for a new 710 | |
| 866 | + | cannabis establishment, laboratory, backer or key employee license, [or] 711 | |
| 867 | + | employee registration or off-site event permit for a period of one year 712 | |
| 868 | + | after the date on which such denial was sustained. 713 | |
| 869 | + | (d) No person whose license or registration has been revoked may 714 | |
| 870 | + | apply for a cannabis establishment, backer or key employee license or 715 | |
| 871 | + | an employee registration for a period of one year after the date of such 716 | |
| 872 | + | revocation. 717 | |
| 873 | + | (e) The voluntary surrender of a license, permit or registration, or 718 Substitute Bill No. 6699 | |
| 1151 | 874 | ||
| 1152 | - | subject to any disciplinary action by a professional licensing board, for | |
| 1153 | - | acquiring, possessing, delivering, transporting or distributing | |
| 1154 | - | marijuana to a cannabis establishment or an organization engaged in an | |
| 1155 | - | approved research program under the provisions of this chapter. | |
| 1156 | - | (2) No cannabis testing laboratory shall be subject to prosecution, | |
| 1157 | - | penalized in any manner, including, but not limited to, being subject to | |
| 1158 | - | any civil penalty or denied any right or privilege, for acquiring, | |
| 1159 | - | possessing, delivering, transporting or distributing marijuana to a | |
| 1160 | - | cannabis establishment or an organization engaged in an approved | |
| 1161 | - | research program under the provisions of this chapter. | |
| 1162 | - | (c) A cannabis testing laboratory shall be independent from all other | |
| 1163 | - | persons involved in the marijuana industry in Connecticut, which shall | |
| 1164 | - | mean that no person with a direct or indirect financial, managerial or | |
| 1165 | - | controlling interest in the cannabis testing laboratory shall have a direct | |
| 1166 | - | or indirect financial, managerial or controlling interest in a cannabis | |
| 1167 | - | establishment or any other entity that may benefit from the laboratory | |
| 1168 | - | test results for a cannabis or marijuana sample or product. | |
| 1169 | - | (d) [A] (1) Except as provided in subdivision (2) of this subsection, a | |
| 1170 | - | cannabis testing laboratory shall maintain all minimum security and | |
| 1171 | - | safeguard requirements for the storage of handling of controlled | |
| 1172 | - | substances as a laboratory that is licensed to provide analysis of | |
| 1173 | - | controlled substances pursuant to section 21a-246 and any regulations | |
| 1174 | - | adopted thereunder. | |
| 1175 | - | (2) The department may waive any minimum security or safeguard | |
| 1176 | - | requirement described in subdivision (1) of this subsection if (A) a | |
| 1177 | - | cannabis testing laboratory submits to the department, in a form and | |
| 1178 | - | manner prescribed by the department, a written request for such waiver | |
| 1179 | - | that proposes an alternative requirement that provides public health | |
| 1180 | - | and safety protections that are equal to or greater than the protections | |
| 1181 | - | provided by such minimum security or safeguard requirement, and (B) Substitute House Bill No. 6699 | |
| 1182 | 875 | ||
| 1183 | - | Public Act No. 23-79 37 of 136 | |
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| 1184 | 879 | ||
| 1185 | - | the department (i) reviews such request to assess the potential for | |
| 1186 | - | product diversion, theft and criminal activity under such proposed | |
| 1187 | - | alternative requirement and the likely impact that waiving such | |
| 1188 | - | minimum security or safeguard requirement will have on public health | |
| 1189 | - | and safety, (ii) determines, in the department's discretion, that such | |
| 1190 | - | proposed alternative requirement would provide equal or greater | |
| 1191 | - | protection for public health and safety, and (iii) issues such waiver in | |
| 1192 | - | writing. | |
| 1193 | - | Sec. 18. Section 21a-408u of the general statutes is repealed and the | |
| 1194 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
| 1195 | - | (a) No research program or research program employee may (1) | |
| 1196 | - | acquire marijuana from a person other than a cannabis establishment or | |
| 1197 | - | cannabis testing laboratory, (2) deliver, transport or distribute | |
| 1198 | - | marijuana to a person who is not (A) a cannabis establishment, (B) a | |
| 1199 | - | cannabis testing laboratory, or (C) a research program subject, (3) | |
| 1200 | - | distribute or administer marijuana to an animal unless such animal is an | |
| 1201 | - | animal research subject, or (4) obtain or transport marijuana outside of | |
| 1202 | - | this state in violation of state or federal law. | |
| 1203 | - | (b) No research program employee acting within the scope of [his or | |
| 1204 | - | her] such research program employee's employment shall be subject to | |
| 1205 | - | arrest or prosecution, penalized in any manner, including, but not | |
| 1206 | - | limited to, being subject to any civil penalty, or denied any right or | |
| 1207 | - | privilege, including, but not limited to, being subject to any disciplinary | |
| 1208 | - | action by a professional licensing board, for acquiring, possessing, | |
| 1209 | - | delivering, transporting or distributing marijuana to a cannabis | |
| 1210 | - | establishment or cannabis testing laboratory, or a research program | |
| 1211 | - | subject or distributing or administering marijuana to an animal research | |
| 1212 | - | subject under the provisions of this chapter. | |
| 1213 | - | Sec. 19. Section 21a-420 of the general statutes is repealed and the | |
| 1214 | - | following is substituted in lieu thereof (Effective July 1, 2023): Substitute House Bill No. 6699 | |
| 880 | + | failure to renew a license or registration, shall not prevent the 719 | |
| 881 | + | commissioner from suspending or revoking such license, permit or 720 | |
| 882 | + | registration or imposing other penalties permitted by RERACA. 721 | |
| 883 | + | Sec. 12. Section 21a-278b of the general statutes is repealed and the 722 | |
| 884 | + | following is substituted in lieu thereof (Effective July 1, 2023): 723 | |
| 885 | + | (a) No person may manufacture, distribute, sell, prescribe, dispense, 724 | |
| 886 | + | compound, transport with the intent to sell or dispense, possess with 725 | |
| 887 | + | the intent to sell or dispense, offer, give or administer to another person 726 | |
| 888 | + | cannabis or cannabis products, except as authorized in chapter 420b or 727 | |
| 889 | + | 420f or sections 21a-420n, 21a-420p, 21a-420r to 21a-420t, inclusive, as 728 | |
| 890 | + | amended by this act, or 21a-420w to 21a-420z, inclusive, as amended by 729 | |
| 891 | + | this act, or section 2 of this act. 730 | |
| 892 | + | (b) (1) Except as provided in subsection (c) or (d) of this section, any 731 | |
| 893 | + | person eighteen years of age or older who violates subsection (a) of this 732 | |
| 894 | + | section (A) for a first offense, shall be guilty of a class B misdemeanor, 733 | |
| 895 | + | and (B) for any subsequent offense, shall be guilty of a class A 734 | |
| 896 | + | misdemeanor. 735 | |
| 897 | + | (2) Any person under eighteen years of age who violates subsection 736 | |
| 898 | + | (a) of this section shall be adjudicated delinquent pursuant to the 737 | |
| 899 | + | provisions of section 46b-120. 738 | |
| 900 | + | (c) Any person eighteen years of age or older who violates subsection 739 | |
| 901 | + | (a) of this section by manufacturing, distributing, selling, prescribing, 740 | |
| 902 | + | compounding, transporting with the intent to sell or dispense, 741 | |
| 903 | + | possessing with the intent to sell or dispense, offering, giving or 742 | |
| 904 | + | administering to another person less than eight ounces of cannabis plant 743 | |
| 905 | + | material, as defined in section 21a-279a, or an equivalent amount of 744 | |
| 906 | + | cannabis products or a combination of cannabis and cannabis products, 745 | |
| 907 | + | as provided in subsection (i) of section 21a-279a, (1) for a first offense, 746 | |
| 908 | + | shall be fined not more than five hundred dollars, and (2) for any 747 | |
| 909 | + | subsequent offense, shall be guilty of a class C misdemeanor. 748 | |
| 910 | + | (d) Any person eighteen years of age or older who before July 1, 2023, 749 Substitute Bill No. 6699 | |
| 1215 | 911 | ||
| 1216 | - | Public Act No. 23-79 38 of 136 | |
| 1217 | 912 | ||
| 1218 | - | As used in RERACA, unless the context otherwise requires: | |
| 1219 | - | (1) "Responsible and Equitable Regulation of Adult-Use Cannabis | |
| 1220 | - | Act" or "RERACA" means this section, sections 2-56j, 7-294kk, 7-294ll, | |
| 1221 | - | 12-330ll to 12-330nn, inclusive, 14-227p, 21a-278b, 21a-278c, 21a-279c, | |
| 1222 | - | 21a-279d, 21a-420a to [21a-420i] 21a-420j, inclusive, as amended by this | |
| 1223 | - | act, 21a-420l to 21a-421r, inclusive, as amended by this act, 21a-421aa to | |
| 1224 | - | 21a-421ff, inclusive, 21a-421aaa to [21a-421ggg] 21a-421hhh, inclusive, | |
| 1225 | - | 21a-422 to 21a-422c, inclusive, 21a-422e to 21a-422g, inclusive, 21a-422j | |
| 1226 | - | to 21a-422s, inclusive, 22-61n, 23-4b, 47a-9a, 53-247a, 53a-213a, 53a-213b, | |
| 1227 | - | 54-33p, 54-56q, 54-56r, 54-125k and 54-142u, sections 23, 60, 63 to 65, | |
| 1228 | - | inclusive, 124, 144 and 165 of public act 21-1 of the June special session, | |
| 1229 | - | and the amendments in public act 21-1 of the June special session to | |
| 1230 | - | sections 7-148, 10-221, as amended by this act, 12-30a, 12-35b, 12-412, 12- | |
| 1231 | - | 650, 12-704d, 14-44k, 14-111e, 14-227a to 14-227c, inclusive, 14-227j, 15- | |
| 1232 | - | 140q, 15-140r, 18-100h, 19a-342, 19a-342a, 21a-267, as amended by this | |
| 1233 | - | act, 21a-277, 21a-279, as amended by this act, 21a-279a, 21a-408 to 21a- | |
| 1234 | - | 408f, inclusive, as amended by this act, 21a-408h to 21a-408p, as | |
| 1235 | - | amended by this act, inclusive, 21a-408r to 21a-408v, inclusive, as | |
| 1236 | - | amended by this act, 30-89a, 31-40q, 32-39, 46b-120, 51-164n, 53-394, 53a- | |
| 1237 | - | 39c, 54-1m, 54-33g, 54-41b, 54-56e, 54-56g, 54-56i, 54-56k, 54-56n, 54-63d, | |
| 1238 | - | 54-66a [,] and 54-142e [, 21a-421hhh and 21a-420j] and section 20 of this | |
| 1239 | - | act; | |
| 1240 | - | (2) "Backer" means any individual with a direct or indirect financial | |
| 1241 | - | interest in a cannabis establishment. "Backer" does not include an | |
| 1242 | - | individual with an investment interest in a cannabis establishment if (A) | |
| 1243 | - | the interest held by such individual and such individual's spouse, | |
| 1244 | - | parent or child, in the aggregate, does not exceed five per cent of the | |
| 1245 | - | total ownership or interest rights in such cannabis establishment, and | |
| 1246 | - | (B) such individual does not participate directly or indirectly in the | |
| 1247 | - | control, management or operation of the cannabis establishment; | |
| 1248 | - | (3) "Cannabis" means marijuana, as defined in section 21a-240, as Substitute House Bill No. 6699 | |
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| 915 | + | 26 of 44 | |
| 1249 | 916 | ||
| 1250 | - | Public Act No. 23-79 39 of 136 | |
| 917 | + | violates subsection (a) of this section by growing up to three mature 750 | |
| 918 | + | cannabis plants and three immature cannabis plants in such person's 751 | |
| 919 | + | own residence for personal use (1) for a first offense, shall be issued a 752 | |
| 920 | + | written warning, (2) for a second offense, shall be fined not more than 753 | |
| 921 | + | five hundred dollars, and (3) for any subsequent offense, shall be guilty 754 | |
| 922 | + | of a class D misdemeanor. If evidence of a violation of this subsection is 755 | |
| 923 | + | found in the course of any law enforcement activity other than 756 | |
| 924 | + | investigation of a violation of this subsection or section 21a-278 or 21a-757 | |
| 925 | + | 279a, such evidence shall not be admissible in any criminal proceeding. 758 | |
| 926 | + | Sec. 13. Section 21a-421d of the general statutes is repealed and the 759 | |
| 927 | + | following is substituted in lieu thereof (Effective July 1, 2023): 760 | |
| 928 | + | (a) As used in this section: 761 | |
| 929 | + | (1) "Bona fide labor organization" means a labor union that [(A) 762 | |
| 930 | + | represents employees in this state with regard to wages, hours and 763 | |
| 931 | + | working conditions, (B) whose officers have been elected by a secret 764 | |
| 932 | + | ballot or otherwise in a manner consistent with federal law, (C) is free 765 | |
| 933 | + | of domination or interference by any employer and has received no 766 | |
| 934 | + | improper assistance or support from any employer, and (D)] the Labor 767 | |
| 935 | + | Department determines, pursuant to subsection (b) of this section, is 768 | |
| 936 | + | actively seeking to represent cannabis workers in the state; 769 | |
| 937 | + | (2) "Labor peace agreement" means an agreement between a cannabis 770 | |
| 938 | + | establishment and a bona fide labor organization under this section 771 | |
| 939 | + | pursuant to which the owners and management of the cannabis 772 | |
| 940 | + | establishment agree not to lock out employees and that prohibits the 773 | |
| 941 | + | bona fide labor organization from engaging in picketing, work 774 | |
| 942 | + | stoppages or boycotts against the cannabis establishment; 775 | |
| 943 | + | (3) "Cannabis establishment", "dispensary facility" and "producer" 776 | |
| 944 | + | have the same meanings as provided in section 21a-420, as amended by 777 | |
| 945 | + | this act; and 778 | |
| 946 | + | (4) "Licensee" means a cannabis establishment licensee, dispensary 779 | |
| 947 | + | facility or producer. 780 Substitute Bill No. 6699 | |
| 1251 | 948 | ||
| 1252 | - | amended by this act; | |
| 1253 | - | (4) "Cannabis establishment" means a producer, dispensary facility, | |
| 1254 | - | cultivator, micro-cultivator, retailer, hybrid retailer, food and beverage | |
| 1255 | - | manufacturer, product manufacturer, product packager, delivery | |
| 1256 | - | service or transporter; | |
| 1257 | - | (5) "Cannabis flower" means the flower, including abnormal and | |
| 1258 | - | immature flowers, of a plant of the genus cannabis that has been | |
| 1259 | - | harvested, dried, [and] cured, chopped or ground, and prior to any | |
| 1260 | - | processing whereby the flower material is transformed into a cannabis | |
| 1261 | - | product. "Cannabis flower" does not include (A) the leaves or stem of | |
| 1262 | - | such plant, or (B) hemp, as defined in section 22-61l, as amended by this | |
| 1263 | - | act; | |
| 1264 | - | (6) "Cannabis testing laboratory" means a laboratory that (A) is | |
| 1265 | - | located in this state, (B) is licensed by the department to analyze | |
| 1266 | - | cannabis, and (C) meets the licensure requirements established in | |
| 1267 | - | section 21a-408r, as amended by this act, and the regulations adopted | |
| 1268 | - | pursuant to subsection (d) of section 21a-408r, as amended by this act; | |
| 1269 | - | (7) "Cannabis testing laboratory employee" means an individual who | |
| 1270 | - | is (A) employed at a cannabis testing laboratory, and (B) registered | |
| 1271 | - | pursuant to section 21a-408r, as amended by this act, and the regulations | |
| 1272 | - | adopted pursuant to subsection (d) of section 21a-408r, as amended by | |
| 1273 | - | this act; | |
| 1274 | - | [(6)] (8) "Cannabis trim" means all parts, including abnormal or | |
| 1275 | - | immature parts, of a plant of the genus cannabis, other than cannabis | |
| 1276 | - | flower, that have been harvested, dried and cured, and prior to any | |
| 1277 | - | processing, excluding chopping or grinding, whereby the plant material | |
| 1278 | - | is transformed into a cannabis product. "Cannabis trim" does not | |
| 1279 | - | include hemp, as defined in section 22-61l, as amended by this act; | |
| 1280 | - | [(7)] (9) "Cannabis product" means cannabis, intended for use or Substitute House Bill No. 6699 | |
| 1281 | 949 | ||
| 1282 | - | Public Act No. 23-79 40 of 136 | |
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| 1283 | 953 | ||
| 1284 | - | consumption, that is in the form of (A) a cannabis concentrate, or (B) a | |
| 1285 | - | product that contains cannabis [, which may be combined with other | |
| 1286 | - | ingredients, and is intended for use or consumption. "Cannabis | |
| 1287 | - | product" does not include the raw cannabis plant] and at least one other | |
| 1288 | - | cannabis or noncannabis ingredient or component, excluding cannabis | |
| 1289 | - | flower; | |
| 1290 | - | [(8)] (10) "Cannabis concentrate" means any form of concentration, | |
| 1291 | - | including, but not limited to, extracts, oils, tinctures, shatter and waxes, | |
| 1292 | - | that is extracted from cannabis; | |
| 1293 | - | [(9)] (11) "Cannabis-type substances" have the same meaning as | |
| 1294 | - | "marijuana", as defined in section 21a-240, as amended by this act; | |
| 1295 | - | [(10)] (12) "Commissioner" means the Commissioner of Consumer | |
| 1296 | - | Protection and includes any designee of the commissioner; | |
| 1297 | - | [(11)] (13) "Consumer" means an individual who is twenty-one years | |
| 1298 | - | of age or older; | |
| 1299 | - | (14) "Control" means the power to direct, or cause the direction of, the | |
| 1300 | - | management and policies of a cannabis establishment, regardless of | |
| 1301 | - | whether such power is possessed directly or indirectly; | |
| 1302 | - | [(12)] (15) "Cultivation" has the same meaning as provided in section | |
| 1303 | - | 21a-408, as amended by this act; | |
| 1304 | - | [(13)] (16) "Cultivator" means a person that is licensed to engage in | |
| 1305 | - | the cultivation, growing and propagation of the cannabis plant at an | |
| 1306 | - | establishment with not less than fifteen thousand square feet of grow | |
| 1307 | - | space; | |
| 1308 | - | [(14)] (17) "Delivery service" means a person that is licensed to deliver | |
| 1309 | - | cannabis from (A) micro-cultivators, retailers and hybrid retailers to | |
| 1310 | - | consumers and research program subjects, and (B) hybrid retailers and Substitute House Bill No. 6699 | |
| 954 | + | (b) The Labor Department shall determine which labor unions, and 781 | |
| 955 | + | develop a list of labor unions that, are actively seeking to represent 782 | |
| 956 | + | cannabis workers in the state. In determining whether a labor union is 783 | |
| 957 | + | actively seeking to represent cannabis workers in the state, the Labor 784 | |
| 958 | + | Department shall consider the following factors to be indicative, but not 785 | |
| 959 | + | determinative, of whether the labor union is actively seeking to 786 | |
| 960 | + | represent cannabis workers in the state: (1) The labor union (A) 787 | |
| 961 | + | represents employees in this state with regard to wages, hours and 788 | |
| 962 | + | working conditions, (B) is free of domination or interference by any 789 | |
| 963 | + | employer, (C) has received no improper assistance or support from any 790 | |
| 964 | + | employer, (D) has been recognized or certified as the bargaining 791 | |
| 965 | + | representative for cannabis employees in the state, (E) has executed one 792 | |
| 966 | + | or more current collective bargaining agreements with cannabis 793 | |
| 967 | + | employers in the state, (F) has spent resources as part of one or more 794 | |
| 968 | + | current and active attempts to organize and represent cannabis workers 795 | |
| 969 | + | in the state, (G) has filed the annual report required by 29 USC 431(b) 796 | |
| 970 | + | for the three years immediately preceding the Labor Department's 797 | |
| 971 | + | consideration of such labor union, (H) has audited financial reports 798 | |
| 972 | + | covering the three years immediately preceding the Labor Department's 799 | |
| 973 | + | consideration of such labor union, (I) was governed by a written 800 | |
| 974 | + | constitution or bylaws for the three years immediately preceding the 801 | |
| 975 | + | Labor Department's consideration of such labor union, and (J) is 802 | |
| 976 | + | affiliated with regional or national associations of unions, including, but 803 | |
| 977 | + | not limited to, central labor councils; and (2) the labor union's officers 804 | |
| 978 | + | have been elected by a secret ballot or otherwise in a manner consistent 805 | |
| 979 | + | with federal law. 806 | |
| 980 | + | [(b)] (c) Any provisional cannabis establishment licensee, dispensary 807 | |
| 981 | + | facility or producer shall, as a condition of its final license approval, 808 | |
| 982 | + | license conversion or approval for expande d authorization, 809 | |
| 983 | + | respectively, enter into a labor peace agreement with a bona fide labor 810 | |
| 984 | + | organization. Any such labor peace agreement shall contain a clause 811 | |
| 985 | + | that the parties agree that final and binding arbitration by a neutral 812 | |
| 986 | + | arbitrator will be the exclusive remedy for any violation of such 813 | |
| 987 | + | agreement. 814 Substitute Bill No. 6699 | |
| 1311 | 988 | ||
| 1312 | - | Public Act No. 23-79 41 of 136 | |
| 1313 | 989 | ||
| 1314 | - | dispensary facilities to qualifying patients, caregivers and research | |
| 1315 | - | program subjects, as defined in section 21a-408, as amended by this act, | |
| 1316 | - | or to hospices or other inpatient care facilities licensed by the | |
| 1317 | - | Department of Public Health pursuant to chapter 368v that have a | |
| 1318 | - | protocol for the handling and distribution of cannabis that has been | |
| 1319 | - | approved by the department, or a combination thereof; | |
| 1320 | - | [(15)] (18) "Department" means the Department of Consumer | |
| 1321 | - | Protection; | |
| 1322 | - | [(16)] (19) "Dispensary facility" means a place of business where | |
| 1323 | - | cannabis may be dispensed, sold or distributed in accordance with | |
| 1324 | - | chapter 420f and any regulations adopted [thereunder] pursuant to said | |
| 1325 | - | chapter, to qualifying patients and caregivers, and to which the | |
| 1326 | - | department has issued a dispensary facility license [under] pursuant to | |
| 1327 | - | chapter 420f and any regulations adopted [thereunder] pursuant to said | |
| 1328 | - | chapter; | |
| 1329 | - | [(17)] (20) "Disproportionately impacted area" means (A) for the | |
| 1330 | - | period beginning July 1, 2021, and ending July 31, 2023, a United States | |
| 1331 | - | census tract in the state that has, as determined by the Social Equity | |
| 1332 | - | Council under subdivision (1) of subsection (i) of section 21a-420d, as | |
| 1333 | - | amended by this act, [(A)] (i) a historical conviction rate for drug-related | |
| 1334 | - | offenses greater than one-tenth, or [(B)] (ii) an unemployment rate | |
| 1335 | - | greater than ten per cent, and (B) on and after August 1, 2023, a United | |
| 1336 | - | States census tract in this state that has been identified by the Social | |
| 1337 | - | Equity Council pursuant to subdivision (2) of subsection (i) of section | |
| 1338 | - | 21a-420d, as amended by this act; | |
| 1339 | - | [(18)] (21) "Disqualifying conviction" means a conviction within the | |
| 1340 | - | last ten years which has not been the subject of an absolute pardon | |
| 1341 | - | under the provisions of section 54-130a, or an equivalent pardon process | |
| 1342 | - | under the laws of another state or the federal government, for an offense | |
| 1343 | - | under (A) section 53a-276, 53a-277 or 53a-278; (B) section 53a-291, 53a- Substitute House Bill No. 6699 | |
| 990 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06699- | |
| 991 | + | R01-HB.docx } | |
| 992 | + | 28 of 44 | |
| 1344 | 993 | ||
| 1345 | - | Public Act No. 23-79 42 of 136 | |
| 994 | + | [(c)] (d) Notwithstanding the provisions of chapter 54, if an arbitrator 815 | |
| 995 | + | finds that a licensee failed to comply with an order issued by the 816 | |
| 996 | + | arbitrator to correct a failure to abide by such agreement, upon receipt 817 | |
| 997 | + | of a written copy of such finding, the [department] Department of 818 | |
| 998 | + | Consumer Protection shall suspend the licensee's license without 819 | |
| 999 | + | further administrative proceedings or formal hearing. 820 | |
| 1000 | + | [(d)] (e) A licensee or bona fide labor organization may commence a 821 | |
| 1001 | + | civil action in the Superior Court in the judicial district where the facility 822 | |
| 1002 | + | used in the operation of a cannabis establishment is located to enforce 823 | |
| 1003 | + | the arbitration award or to lift the license suspension. The license shall 824 | |
| 1004 | + | remain suspended until such time that: (1) [the] The arbitrator notifies, 825 | |
| 1005 | + | or both of the parties to the arbitration notify, the [department] 826 | |
| 1006 | + | Department of Consumer Protection that the licensee is in compliance 827 | |
| 1007 | + | with the arbitration award; (2) both of the parties to the arbitration 828 | |
| 1008 | + | notify the [department] Department of Consumer Protection that they 829 | |
| 1009 | + | have satisfactorily resolved their dispute; (3) the court, after hearing, 830 | |
| 1010 | + | lifts the suspension; or (4) the court, after hearing, orders alternative 831 | |
| 1011 | + | remedies, which may include, but need not be limited to, ordering the 832 | |
| 1012 | + | [department] Department of Consumer Protection to revoke the license 833 | |
| 1013 | + | or ordering the appointment of a receiver to properly dispose of any 834 | |
| 1014 | + | cannabis inventory. Except as provided in subsection [(e)] (f) of this 835 | |
| 1015 | + | section, during such time that a license is suspended pursuant to this 836 | |
| 1016 | + | section, the licensee may engage in conduct necessary to maintain and 837 | |
| 1017 | + | secure the cannabis inventory, but may not sell, transport or transfer 838 | |
| 1018 | + | cannabis to another cannabis establishment, consumer or laboratory, 839 | |
| 1019 | + | unless such sale or transfer is associated with a voluntary surrender of 840 | |
| 1020 | + | license and a cannabis disposition plan approved by the [commissioner] 841 | |
| 1021 | + | Commissioner of Consumer Protection. 842 | |
| 1022 | + | [(e)] (f) A producer, cultivator or micro-cultivator may sell, transport 843 | |
| 1023 | + | or transfer cannabis to a product packager, food or beverage 844 | |
| 1024 | + | manufacturer, product manufacturer, dispensary facility or hybrid 845 | |
| 1025 | + | retailer for the sale of products to qualified patients or caregivers, which 846 | |
| 1026 | + | products shall be labeled "For Medical Use Only". 847 Substitute Bill No. 6699 | |
| 1346 | 1027 | ||
| 1347 | - | 292 or 53a-293; (C) section 53a-215; (D) section 53a-138 or 53a-139; (E) | |
| 1348 | - | section 53a-142a; (F) sections 53a-147 to 53a-162, inclusive; (G) sections | |
| 1349 | - | 53a-125c to 53a-125f, inclusive; (H) section 53a-129b, 53a-129c or 53a- | |
| 1350 | - | 129d; (I) subsection (b) of section 12-737; (J) section 53a-48 or 53a-49, if | |
| 1351 | - | the offense which is attempted or is an object of the conspiracy is an | |
| 1352 | - | offense under the statutes listed in subparagraphs (A) to (I), inclusive, | |
| 1353 | - | of this subdivision; or (K) the law of any other state or of the federal | |
| 1354 | - | government, if the offense on which such conviction is based is defined | |
| 1355 | - | by elements that substantially include the elements of an offense under | |
| 1356 | - | the statutes listed in subparagraphs (A) to (J), inclusive, of this | |
| 1357 | - | subdivision; | |
| 1358 | - | [(19)] (22) "Dispensary technician" means an individual who has had | |
| 1359 | - | an active pharmacy technician or dispensary technician registration in | |
| 1360 | - | this state within the past five years, is affiliated with a dispensary facility | |
| 1361 | - | or hybrid retailer and is registered with the department in accordance | |
| 1362 | - | with chapter 420f and any regulations adopted [thereunder] pursuant | |
| 1363 | - | to said chapter; | |
| 1364 | - | (23) "Edible cannabis product" means a cannabis product intended | |
| 1365 | - | for humans to eat or drink; | |
| 1366 | - | [(20)] (24) "Employee" means any person who is not a backer, but is a | |
| 1367 | - | member of the board of a company with an ownership interest in a | |
| 1368 | - | cannabis establishment, and any person employed by a cannabis | |
| 1369 | - | establishment or who otherwise has access to such establishment or the | |
| 1370 | - | vehicles used to transport cannabis, including, but not limited to, an | |
| 1371 | - | independent contractor who has routine access to the premises of such | |
| 1372 | - | establishment or to the cannabis handled by such establishment; | |
| 1373 | - | [(21)] (25) "Equity" and "equitable" means efforts, regulations, | |
| 1374 | - | policies, programs, standards, processes and any other functions of | |
| 1375 | - | government or principles of law and governance intended to: (A) | |
| 1376 | - | Identify and remedy past and present patterns of discrimination and Substitute House Bill No. 6699 | |
| 1377 | 1028 | ||
| 1378 | - | Public Act No. 23-79 43 of 136 | |
| 1029 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06699- | |
| 1030 | + | R01-HB.docx } | |
| 1031 | + | 29 of 44 | |
| 1379 | 1032 | ||
| 1380 | - | disparities of race, ethnicity, gender and sexual orientation; (B) ensure | |
| 1381 | - | that such patterns of discrimination and disparities, whether intentional | |
| 1382 | - | or unintentional, are neither reinforced nor perpetuated; and (C) | |
| 1383 | - | prevent the emergence and persistence of foreseeable future patterns of | |
| 1384 | - | discrimination or disparities of race, ethnicity, gender and sexual | |
| 1385 | - | orientation; | |
| 1386 | - | [(22)] (26) "Equity joint venture" means a business entity that is | |
| 1387 | - | controlled, and at least fifty per cent owned, [and controlled] by an | |
| 1388 | - | individual or individuals, or such applicant is an individual, who meets | |
| 1389 | - | the criteria of subparagraphs (A) and (B) of subdivision [(48)] (50) of this | |
| 1390 | - | section; | |
| 1391 | - | [(23)] (27) "Extract" means the preparation, compounding, conversion | |
| 1392 | - | or processing of cannabis, either directly or indirectly by extraction or | |
| 1393 | - | independently by means of chemical synthesis, or by a combination of | |
| 1394 | - | extraction and chemical synthesis to produce a cannabis concentrate; | |
| 1395 | - | [(24)] (28) "Financial interest" means any right to, ownership, an | |
| 1396 | - | investment or a compensation arrangement with another person, | |
| 1397 | - | directly, through business, investment or family. "Financial interest" | |
| 1398 | - | does not include ownership of investment securities in a publicly-held | |
| 1399 | - | corporation that is traded on a national exchange or over-the-counter | |
| 1400 | - | market, provided the investment securities held by such person and | |
| 1401 | - | such person's spouse, parent or child, in the aggregate, do not exceed | |
| 1402 | - | one-half of one per cent of the total number of shares issued by the | |
| 1403 | - | corporation; | |
| 1404 | - | [(25)] (29) "Food and beverage manufacturer" means a person that is | |
| 1405 | - | licensed to own and operate a place of business that acquires cannabis | |
| 1406 | - | and creates food and beverages; | |
| 1407 | - | [(26)] (30) "Grow space" means the portion of a premises owned and | |
| 1408 | - | controlled by a producer, cultivator or micro-cultivator that is utilized Substitute House Bill No. 6699 | |
| 1033 | + | Sec. 14. Section 21a-421j of the general statutes is repealed and the 848 | |
| 1034 | + | following is substituted in lieu thereof (Effective July 1, 2023): 849 | |
| 1035 | + | The commissioner shall adopt regulations in accordance with chapter 850 | |
| 1036 | + | 54 to implement the provisions of RERACA. Notwithstanding the 851 | |
| 1037 | + | requirements of sections 4-168 to 4-172, inclusive, in order to effectuate 852 | |
| 1038 | + | the purposes of RERACA and protect public health and safety, prior to 853 | |
| 1039 | + | adopting such regulations the commissioner shall issue policies and 854 | |
| 1040 | + | procedures to implement the provisions of RERACA that shall have the 855 | |
| 1041 | + | force and effect of law. The commissioner shall post all policies and 856 | |
| 1042 | + | procedures on the department's Internet web site and submit such 857 | |
| 1043 | + | policies and procedures to the Secretary of the State for posting on the 858 | |
| 1044 | + | eRegulations System, at least fifteen days prior to the effective date of 859 | |
| 1045 | + | any policy or procedure. The commissioner shall also provide such 860 | |
| 1046 | + | policies and procedures, in a manner prescribed by the commissioner, 861 | |
| 1047 | + | to each licensee and applicant for a license under this chapter. Any such 862 | |
| 1048 | + | policy or procedure shall no longer be effective upon the earlier of either 863 | |
| 1049 | + | the adoption of the policy or procedure as a final regulation under 864 | |
| 1050 | + | section 4-172 or forty-eight months from June 22, 2021, if such 865 | |
| 1051 | + | regulations have not been submitted to the legislative regulation review 866 | |
| 1052 | + | committee for consideration under section 4-170. The commissioner 867 | |
| 1053 | + | shall issue policies and procedures and thereafter final regulations that 868 | |
| 1054 | + | include, but are not limited to, the following: 869 | |
| 1055 | + | (1) Setting appropriate dosage, potency, concentration and serving 870 | |
| 1056 | + | size limits and delineation requirements for cannabis, provided a 871 | |
| 1057 | + | standardized serving of edible cannabis product or beverage, other than 872 | |
| 1058 | + | a medical marijuana product, shall contain not more than five 873 | |
| 1059 | + | milligrams of THC. [;] 874 | |
| 1060 | + | (2) Requiring that each single standardized serving of cannabis 875 | |
| 1061 | + | product in a multiple-serving edible product or beverage is physically 876 | |
| 1062 | + | demarked in a way that enables a reasonable person to determine how 877 | |
| 1063 | + | much of the product constitutes a single serving and a maximum 878 | |
| 1064 | + | amount of THC per multiple-serving edible cannabis product or 879 | |
| 1065 | + | beverage. [;] 880 Substitute Bill No. 6699 | |
| 1409 | 1066 | ||
| 1410 | - | Public Act No. 23-79 44 of 136 | |
| 1411 | 1067 | ||
| 1412 | - | for the cultivation, growing or propagation of the cannabis plant, and | |
| 1413 | - | contains cannabis plants in an active stage of growth, measured starting | |
| 1414 | - | from the outermost wall of the room containing cannabis plants and | |
| 1415 | - | continuing around the outside of the room. "Grow space" does not | |
| 1416 | - | include space used to cure, process, store harvested cannabis or | |
| 1417 | - | manufacture cannabis once the cannabis has been harvested; | |
| 1418 | - | [(27)] (31) "Historical conviction count for drug-related offenses" | |
| 1419 | - | means, for a given area, the number of convictions of residents of such | |
| 1420 | - | area (A) for violations of sections 21a-267, as amended by this act, 21a- | |
| 1421 | - | 277, 21a-278, 21a-279, as amended by this act, and 21a-279a, and (B) who | |
| 1422 | - | were arrested for such violations between January 1, 1982, and | |
| 1423 | - | December 31, 2020, inclusive, where such arrest was recorded in | |
| 1424 | - | databases maintained by the Department of Emergency Services and | |
| 1425 | - | Public Protection; | |
| 1426 | - | [(28)] (32) "Historical conviction rate for drug-related offenses" | |
| 1427 | - | means, for a given area, the historical conviction count for drug-related | |
| 1428 | - | offenses divided by the population of such area, as determined by the | |
| 1429 | - | five-year estimates of the most recent American Community Survey | |
| 1430 | - | conducted by the United States Census Bureau; | |
| 1431 | - | [(29)] (33) "Hybrid retailer" means a person that is licensed to | |
| 1432 | - | purchase cannabis and sell cannabis and medical marijuana products; | |
| 1433 | - | [(30)] (34) "Key employee" means an employee with the following | |
| 1434 | - | management position or an equivalent title within a cannabis | |
| 1435 | - | establishment: (A) President or chief officer, who is the top ranking | |
| 1436 | - | individual at the cannabis establishment and is responsible for all staff | |
| 1437 | - | and overall direction of business operations; (B) financial manager, who | |
| 1438 | - | is the individual who reports to the president or chief officer and who is | |
| 1439 | - | [generally] responsible for oversight of the financial operations of the | |
| 1440 | - | cannabis establishment, [including, but not limited to, revenue | |
| 1441 | - | generation,] which financial operations include one or more of the Substitute House Bill No. 6699 | |
| 1068 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06699- | |
| 1069 | + | R01-HB.docx } | |
| 1070 | + | 30 of 44 | |
| 1442 | 1071 | ||
| 1443 | - | Public Act No. 23-79 45 of 136 | |
| 1072 | + | (3) Requiring that, if it is impracticable to clearly demark every 881 | |
| 1073 | + | standardized serving of cannabis product or to make each standardized 882 | |
| 1074 | + | serving easily separable in an edible cannabis product or beverage, the 883 | |
| 1075 | + | product, other than cannabis concentrate or medical marijuana product, 884 | |
| 1076 | + | shall contain not more than five milligrams of THC per unit of sale. [;] 885 | |
| 1077 | + | (4) Establishing, in consultation with the Department of Mental 886 | |
| 1078 | + | Health and Addiction Services, consumer health materials that shall be 887 | |
| 1079 | + | posted or distributed, as specified by the commissioner, by cannabis 888 | |
| 1080 | + | establishments to maximize dissemination to cannabis consumers. 889 | |
| 1081 | + | Consumer health materials may include pamphlets, packaging inserts, 890 | |
| 1082 | + | signage, online and printed advertisements and advisories and printed 891 | |
| 1083 | + | health materials. [;] 892 | |
| 1084 | + | (5) Imposing labeling and packaging requirements for cannabis sold 893 | |
| 1085 | + | by a cannabis establishment that include, but are not limited to, the 894 | |
| 1086 | + | following: 895 | |
| 1087 | + | (A) [A] Inclusion of universal [symbol] symbols to indicate that 896 | |
| 1088 | + | cannabis, or a cannabis product that contains cannabis, contains THC 897 | |
| 1089 | + | and is not legal or safe for individuals younger than twenty-one years 898 | |
| 1090 | + | of age, and prescribe how such product and product packaging shall 899 | |
| 1091 | + | utilize and exhibit such [symbol;] symbols. 900 | |
| 1092 | + | (B) A disclosure concerning the length of time it typically takes for 901 | |
| 1093 | + | the cannabis to affect an individual, including that certain forms of 902 | |
| 1094 | + | cannabis take longer to have an effect. [;] 903 | |
| 1095 | + | (C) A notation of the amount of cannabis the cannabis product is 904 | |
| 1096 | + | considered the equivalent to. [;] 905 | |
| 1097 | + | (D) A list of ingredients and all additives for cannabis. [;] 906 | |
| 1098 | + | (E) Child-resistant, tamper-resistant and light-resistant packaging, 907 | |
| 1099 | + | including requiring that an edible product be individually wrapped. [;] 908 | |
| 1100 | + | For the purposes of this subparagraph, packaging shall be deemed to be 909 | |
| 1101 | + | (i) child-resistant if the packaging satisfies the standard for special 910 Substitute Bill No. 6699 | |
| 1444 | 1102 | ||
| 1445 | - | following: (i) Revenue and expense management; (ii) distributions; [,] | |
| 1446 | - | (iii) tax compliance; [and] (iv) budget development; and (v) budget | |
| 1447 | - | management and implementation; or (C) compliance manager, who is | |
| 1448 | - | the individual who reports to the president or chief officer and who is | |
| 1449 | - | generally responsible for ensuring the cannabis establishment complies | |
| 1450 | - | with all laws, regulations and requirements related to the operation of | |
| 1451 | - | the cannabis establishment; | |
| 1452 | - | [(31) "Laboratory" means a laboratory located in the state that is | |
| 1453 | - | licensed by the department to provide analysis of cannabis that meets | |
| 1454 | - | the licensure requirements set forth in section 21a-246; | |
| 1455 | - | (32) "Laboratory employee" means an individual who is registered as | |
| 1456 | - | a laboratory employee pursuant to section 21a-408r;] | |
| 1457 | - | [(33)] (35) "Labor peace agreement" means an agreement between a | |
| 1458 | - | cannabis establishment and a bona fide labor organization under section | |
| 1459 | - | 21a-421d, as amended by this act, pursuant to which the owners and | |
| 1460 | - | management of the cannabis establishment agree not to lock out | |
| 1461 | - | employees and that prohibits the bona fide labor organization from | |
| 1462 | - | engaging in picketing, work stoppages or boycotts against the cannabis | |
| 1463 | - | establishment; | |
| 1464 | - | [(34)] (36) "Manufacture" means to add or incorporate cannabis into | |
| 1465 | - | other products or ingredients or create a cannabis product; | |
| 1466 | - | [(35)] (37) "Medical marijuana product" means cannabis that may be | |
| 1467 | - | exclusively sold to qualifying patients and caregivers by dispensary | |
| 1468 | - | facilities and hybrid retailers and which are designated by the | |
| 1469 | - | commissioner as reserved for sale to qualifying patients and caregivers | |
| 1470 | - | and published on the department's Internet web site; | |
| 1471 | - | [(36)] (38) "Micro-cultivator" means a person licensed to engage in the | |
| 1472 | - | cultivation, growing and propagation of the cannabis plant at an | |
| 1473 | - | establishment containing not less than two thousand square feet and not Substitute House Bill No. 6699 | |
| 1474 | 1103 | ||
| 1475 | - | Public Act No. 23-79 46 of 136 | |
| 1104 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06699- | |
| 1105 | + | R01-HB.docx } | |
| 1106 | + | 31 of 44 | |
| 1476 | 1107 | ||
| 1477 | - | more than ten thousand square feet of grow space, prior to any | |
| 1478 | - | expansion authorized by the commissioner; | |
| 1479 | - | [(37)] (39) "Municipality" means any town, city or borough, | |
| 1480 | - | consolidated town and city or consolidated town and borough; | |
| 1481 | - | [(38)] (40) "Paraphernalia" means drug paraphernalia, as defined in | |
| 1482 | - | section 21a-240, as amended by this act; | |
| 1483 | - | [(39)] (41) "Person" means an individual, partnership, limited liability | |
| 1484 | - | company, society, association, joint stock company, corporation, estate, | |
| 1485 | - | receiver, trustee, assignee, referee or any other legal entity and any other | |
| 1486 | - | person acting in a fiduciary or representative capacity, whether | |
| 1487 | - | appointed by a court or otherwise, and any combination thereof; | |
| 1488 | - | [(40)] (42) "Producer" means a person that is licensed as a producer | |
| 1489 | - | pursuant to section 21a-408i and any regulations adopted [thereunder] | |
| 1490 | - | pursuant to said section; | |
| 1491 | - | [(41)] (43) "Product manufacturer" means a person that is licensed to | |
| 1492 | - | obtain cannabis, extract and manufacture products; [exclusive to such | |
| 1493 | - | license type;] | |
| 1494 | - | [(42)] (44) "Product packager" means a person that is licensed to | |
| 1495 | - | package and label cannabis; | |
| 1496 | - | [(43)] (45) "Qualifying patient" has the same meaning as provided in | |
| 1497 | - | section 21a-408, as amended by this act; | |
| 1498 | - | [(44)] (46) "Research program" has the same meaning as provided in | |
| 1499 | - | section 21a-408, as amended by this act; | |
| 1500 | - | [(45)] (47) "Retailer" means a person, excluding a dispensary facility | |
| 1501 | - | and hybrid retailer, that is licensed to purchase cannabis from | |
| 1502 | - | producers, cultivators, micro-cultivators, product manufacturers and | |
| 1503 | - | food and beverage manufacturers and to sell cannabis to consumers and Substitute House Bill No. 6699 | |
| 1108 | + | packaging established in 16 CFR 1700.1(b)(4), as amended from time to 911 | |
| 1109 | + | time, (ii) tamper-resistant if the packaging has at least one barrier to, or 912 | |
| 1110 | + | indicator of, entry that would preclude the contents of such packaging 913 | |
| 1111 | + | from being accessed or adulterated without indicating to a reasonable 914 | |
| 1112 | + | person that such packaging has been breached, and (iii) light-resistant if 915 | |
| 1113 | + | the packaging is entirely and uniformly opaque and protects the entirety 916 | |
| 1114 | + | of the contents of such packaging from the effects of light. 917 | |
| 1115 | + | (F) Packaging for cannabis intended for multiple servings to be 918 | |
| 1116 | + | resealable in such a manner so as to render such packaging continuously 919 | |
| 1117 | + | child-resistant, as described in subparagraph (E)(i) of this subdivision, 920 | |
| 1118 | + | and preserve the integrity of the contents of such packaging. 921 | |
| 1119 | + | (G) Impervious packaging that protects the contents of such 922 | |
| 1120 | + | packaging from contamination and exposure to any toxic or harmful 923 | |
| 1121 | + | substance, including, but not limited to, any glue or other adhesive or 924 | |
| 1122 | + | substance that is incorporated in such packaging. 925 | |
| 1123 | + | [(F)] (H) Product tracking information sufficient to determine where 926 | |
| 1124 | + | and when the cannabis was grown and manufactured such that a 927 | |
| 1125 | + | product recall could be effectuated. [;] 928 | |
| 1126 | + | [(G)] (I) A net weight statement. [;] 929 | |
| 1127 | + | [(H)] (J) A recommended use by or expiration date. [; and] 930 | |
| 1128 | + | [(I)] (K) Standard and uniform packaging and labeling, including, but 931 | |
| 1129 | + | not limited to, requirements (i) regarding branding or logos, (ii) that all 932 | |
| 1130 | + | packaging be opaque, and (iii) that amounts and concentrations of THC 933 | |
| 1131 | + | and cannabidiol, per serving and per package, be clearly marked on the 934 | |
| 1132 | + | packaging or label of any cannabis product sold. [;] 935 | |
| 1133 | + | (L) For any cannabis concentrate cannabis product that contains a 936 | |
| 1134 | + | total THC percentage greater than thirty per cent, a warning that such 937 | |
| 1135 | + | cannabis product is a high-potency product and may increase the risk 938 | |
| 1136 | + | of psychosis. 939 Substitute Bill No. 6699 | |
| 1504 | 1137 | ||
| 1505 | - | Public Act No. 23-79 47 of 136 | |
| 1506 | 1138 | ||
| 1507 | - | research programs; | |
| 1508 | - | [(46)] (48) "Sale" or "sell" has the same meaning as provided in section | |
| 1509 | - | 21a-240, as amended by this act; | |
| 1510 | - | [(47)] (49) "Social Equity Council" or "council" means the council | |
| 1511 | - | established under section 21a-420d, as amended by this act; | |
| 1512 | - | [(48)] (50) "Social equity applicant" means a person that has applied | |
| 1513 | - | for a license for a cannabis establishment, where such applicant is | |
| 1514 | - | controlled, and at least sixty-five per cent owned, [and controlled] by an | |
| 1515 | - | individual or individuals, or such applicant is an individual, who: | |
| 1516 | - | (A) Had an average household income of less than three hundred per | |
| 1517 | - | cent of the state median household income over the three tax years | |
| 1518 | - | immediately preceding such individual's application; and | |
| 1519 | - | (B) (i) Was a resident of a disproportionately impacted area for not | |
| 1520 | - | less than five of the ten years immediately preceding the date of such | |
| 1521 | - | application; or | |
| 1522 | - | (ii) Was a resident of a disproportionately impacted area for not less | |
| 1523 | - | than nine years prior to attaining the age of eighteen; | |
| 1524 | - | [(49)] (51) "THC" has the same meaning as provided in section 21a- | |
| 1525 | - | 240, as amended by this act; | |
| 1526 | - | [(50)] (52) "Third-party lottery operator" means a person, or a | |
| 1527 | - | constituent unit of the state system of higher education, that conducts | |
| 1528 | - | lotteries pursuant to section 21a-420g, as amended by this act, identifies | |
| 1529 | - | the cannabis establishment license applications for consideration | |
| 1530 | - | without performing any review of the applications that are identified | |
| 1531 | - | for consideration, and that has no direct or indirect oversight of or | |
| 1532 | - | investment in a cannabis establishment or a cannabis establishment | |
| 1533 | - | applicant; Substitute House Bill No. 6699 | |
| 1139 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06699- | |
| 1140 | + | R01-HB.docx } | |
| 1141 | + | 32 of 44 | |
| 1534 | 1142 | ||
| 1535 | - | Public Act No. 23-79 48 of 136 | |
| 1143 | + | (M) Chemotypes, which shall be displayed as (i) "High THC, Low 940 | |
| 1144 | + | CBD" where the ratio of THC to CBD is greater than five to one and the 941 | |
| 1145 | + | total THC percentage is at least fifteen per cent, (ii) "Moderate THC, 942 | |
| 1146 | + | Moderate CBD" where the ratio of THC to CBD is at least one to five but 943 | |
| 1147 | + | not greater than five to one and the total THC percentage is greater than 944 | |
| 1148 | + | five per cent but less than fifteen per cent, (iii) "Low THC, High CBD" 945 | |
| 1149 | + | where the ratio of THC to CBD is less than one to five and the total THC 946 | |
| 1150 | + | percentage is not greater than five per cent, or (iv) the chemotype 947 | |
| 1151 | + | described in clause (i), (ii) or (iii) of this subparagraph that most closely 948 | |
| 1152 | + | fits the cannabis or cannabis product, as determined by mathematical 949 | |
| 1153 | + | analysis of the ratio of THC to CBD, where such cannabis or cannabis 950 | |
| 1154 | + | product does not fit a chemotype described in clause (i), (ii) or (iii) of 951 | |
| 1155 | + | this subparagraph. 952 | |
| 1156 | + | (N) A requirement that, prior to being sold and transferred to a 953 | |
| 1157 | + | consumer, qualifying patient or caregiver, cannabis packaging be 954 | |
| 1158 | + | clearly labeled, whether printed directly on such packaging or affixed 955 | |
| 1159 | + | by way of a separate label, other than an extended content label, with: 956 | |
| 1160 | + | (i) A unique identifier generated by a cannabis analytic tracking 957 | |
| 1161 | + | system maintained by the department and used to track cannabis under 958 | |
| 1162 | + | the policies and procedures issued, and final regulations adopted, by 959 | |
| 1163 | + | the commissioner pursuant to this section; and 960 | |
| 1164 | + | (ii) The following information concerning the cannabis contained in 961 | |
| 1165 | + | such packaging, which shall be in legible English, black lettering, Times 962 | |
| 1166 | + | New Roman font, flat regular typeface, on a contrasting background 963 | |
| 1167 | + | and in uniform size of not less than one-tenth of one inch, based on a 964 | |
| 1168 | + | capital letter "K", which information shall also be available on the 965 | |
| 1169 | + | Internet web site of the cannabis establishment that sells and transfers 966 | |
| 1170 | + | such cannabis: 967 | |
| 1171 | + | (I) The name of such cannabis, as registered with the department 968 | |
| 1172 | + | under the policies and procedures issued, and final regulations adopted, 969 | |
| 1173 | + | by the commissioner pursuant to this section. 970 Substitute Bill No. 6699 | |
| 1536 | 1174 | ||
| 1537 | - | [(51)] (53) "Transfer" means to transfer, change, give or otherwise | |
| 1538 | - | dispose of control over or interest in; | |
| 1539 | - | [(52)] (54) "Transport" means to physically move from one place to | |
| 1540 | - | another; | |
| 1541 | - | [(53)] (55) "Transporter" means a person licensed to transport | |
| 1542 | - | cannabis between cannabis establishments, cannabis testing | |
| 1543 | - | laboratories and research programs; and | |
| 1544 | - | [(54)] (56) "Unemployment rate" means, in a given area, the number | |
| 1545 | - | of people sixteen years of age or older who are in the civilian labor force | |
| 1546 | - | and unemployed divided by the number of people sixteen years of age | |
| 1547 | - | or older who are in the civilian labor force. | |
| 1548 | - | Sec. 20. (Effective July 1, 2023) During the period beginning October 1, | |
| 1549 | - | 2023, and ending October 1, 2026, the Department of Consumer | |
| 1550 | - | Protection shall, not later than the first day of January, April, July and | |
| 1551 | - | October, submit a report, in accordance with section 11-4a of the general | |
| 1552 | - | statutes, to the Governor and the joint standing committee of the | |
| 1553 | - | General Assembly having cognizance of matters relating to consumer | |
| 1554 | - | protection. Each report shall contain the following: (1) For the quarter | |
| 1555 | - | ending on the last day of the month immediately preceding the date on | |
| 1556 | - | which the department submits such report (A) the number of applicants | |
| 1557 | - | that were selected from the lottery, broken down by license type, (B) the | |
| 1558 | - | number of provisional licenses that the department issued pursuant to | |
| 1559 | - | RERACA, broken down by license type, (C) the number of final licenses | |
| 1560 | - | that the department issued pursuant to RERACA, broken down by | |
| 1561 | - | license type, town and county, and (D) the mechanism by which the | |
| 1562 | - | department issued each license pursuant to RERACA, including, but | |
| 1563 | - | not limited to, by way of the lottery, to equity joint ventures and to | |
| 1564 | - | cultivators located in disproportionately impacted areas; (2) the | |
| 1565 | - | department's good faith estimate regarding any anticipated increase in | |
| 1566 | - | the number of cannabis establishments during the next calendar year; Substitute House Bill No. 6699 | |
| 1567 | 1175 | ||
| 1568 | - | Public Act No. 23-79 49 of 136 | |
| 1176 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06699- | |
| 1177 | + | R01-HB.docx } | |
| 1178 | + | 33 of 44 | |
| 1569 | 1179 | ||
| 1570 | - | and (3) any other information the department, in the department's | |
| 1571 | - | discretion, may deem appropriate. | |
| 1572 | - | Sec. 21. Subsections (i) to (k), inclusive, of section 21a-420d of the | |
| 1573 | - | general statutes are repealed and the following is substituted in lieu | |
| 1574 | - | thereof (Effective July 1, 2023): | |
| 1575 | - | (i) (1) Not later than August 1, 2021, and annually thereafter until July | |
| 1576 | - | 31, 2023, the council shall use the most recent five-year United States | |
| 1577 | - | Census Bureau American Community Survey estimates or any | |
| 1578 | - | successor data to determine one or more United States census tracts in | |
| 1579 | - | the state that are a disproportionately impacted area and shall publish a | |
| 1580 | - | list of such tracts on the council's Internet web site. | |
| 1581 | - | (2) Not later than August 1, 2023, the council shall use poverty rate | |
| 1582 | - | data from the most recent five-year United States Census Bureau | |
| 1583 | - | American Community Survey estimates, population data from the most | |
| 1584 | - | recent decennial census and conviction information from databases | |
| 1585 | - | managed by the Department of Emergency Services and Public | |
| 1586 | - | Protection to identify all United States census tracts in the state that are | |
| 1587 | - | disproportionately impacted areas and shall publish a list of such tracts | |
| 1588 | - | on the council's Internet web site. In identifying which census tracts in | |
| 1589 | - | this state are disproportionately impacted areas and preparing such list, | |
| 1590 | - | the council shall: | |
| 1591 | - | (A) Not deem any census tract with a poverty rate that is less than the | |
| 1592 | - | state-wide poverty rate to be a disproportionately impacted area; | |
| 1593 | - | (B) After eliminating the census tracts described in subparagraph (A) | |
| 1594 | - | of this subdivision, rank the remaining census tracts in order from the | |
| 1595 | - | census tract with the greatest historical conviction rate for drug-related | |
| 1596 | - | offenses to the census tract with the lowest historical conviction rate for | |
| 1597 | - | drug-related offenses; and | |
| 1598 | - | (C) Include census tracts in the order of rank described in Substitute House Bill No. 6699 | |
| 1180 | + | (II) The expiration date, which shall not account for any refrigeration 971 | |
| 1181 | + | after such cannabis is sold and transferred to the consumer, qualifying 972 | |
| 1182 | + | patient or caregiver. 973 | |
| 1183 | + | (III) The net weight or volume, expressed in metric and imperial 974 | |
| 1184 | + | units. 975 | |
| 1185 | + | (IV) The standardized serving size, expressed in customary units, and 976 | |
| 1186 | + | the number of servings included in such packaging, if applicable. 977 | |
| 1187 | + | (V) Directions for use and storage. 978 | |
| 1188 | + | (VI) Each active ingredient comprising at least one per cent of such 979 | |
| 1189 | + | cannabis, including cannabinoids, isomers, esters, ethers and salts and 980 | |
| 1190 | + | salts of isomers, esters and ethers, and all quantities thereof expressed 981 | |
| 1191 | + | in metric units and as a percentage of volume. 982 | |
| 1192 | + | (VII) A list of all known allergens, as identified by the federal Food 983 | |
| 1193 | + | and Drug Administration, contained in such cannabis, or the denotation 984 | |
| 1194 | + | "no known FDA identified allergens" if such cannabis does not contain 985 | |
| 1195 | + | any allergen identified by the federal Food and Drug Administration. 986 | |
| 1196 | + | (VIII) The following warning statement within, and outlined by, a red 987 | |
| 1197 | + | box: 988 | |
| 1198 | + | "This product is not FDA-approved, may be intoxicating, cause long-989 | |
| 1199 | + | term physical and mental health problems, and have delayed side 990 | |
| 1200 | + | effects. It is illegal to operate a vehicle or machinery under the influence 991 | |
| 1201 | + | of cannabis. Keep away from children." 992 | |
| 1202 | + | (IX) At least one of the following warning statements, rotated 993 | |
| 1203 | + | quarterly on an alternating basis: 994 | |
| 1204 | + | "Warning: Frequent and prolonged use of cannabis can contribute to 995 | |
| 1205 | + | mental health problems over time, including anxiety, depression, 996 | |
| 1206 | + | stunted brain development and impaired memory." 997 | |
| 1207 | + | "Warning: Consumption while pregnant or breastfeeding may be 998 Substitute Bill No. 6699 | |
| 1599 | 1208 | ||
| 1600 | - | Public Act No. 23-79 50 of 136 | |
| 1601 | 1209 | ||
| 1602 | - | subparagraph (B) of this subdivision until including the next census | |
| 1603 | - | tract would cause the total population of all included census tracts to | |
| 1604 | - | exceed twenty-five per cent of the state's population. | |
| 1605 | - | (j) After developing criteria for workforce development plans as | |
| 1606 | - | described in subdivision (4) of subsection (h) of this section, the council | |
| 1607 | - | shall review and approve or deny in writing any such plan submitted | |
| 1608 | - | by a producer under section 21a-420l, as amended by this act, or a | |
| 1609 | - | hybrid-retailer under section 21a-420u, as amended by this act. | |
| 1610 | - | (k) The council shall develop criteria for evaluating the ownership | |
| 1611 | - | and control of any equity joint venture created under section 21a-420m, | |
| 1612 | - | as amended by this act, 21a-420u, as amended by this act, or [section] | |
| 1613 | - | 21a-420j, as amended by this act, and shall review and approve or deny | |
| 1614 | - | in writing such equity joint venture prior to such equity joint venture | |
| 1615 | - | being licensed under section 21a-420m, as amended by this act, 21a- | |
| 1616 | - | 420u, as amended by this act, or [section] 21a-420j, as amended by this | |
| 1617 | - | act. After developing criteria for social equity plans as described in | |
| 1618 | - | subdivision (5) of subsection (h) of this section, the council shall review | |
| 1619 | - | and approve or deny in writing any such plan submitted by a cannabis | |
| 1620 | - | establishment as part of its final license application. The council shall | |
| 1621 | - | not approve any equity joint venture applicant which shares with an | |
| 1622 | - | equity joint venture any individual owner who meets the criteria | |
| 1623 | - | established in subparagraphs (A) and (B) of subdivision [(48)] (50) of | |
| 1624 | - | section 21a-420, as amended by this act. | |
| 1625 | - | Sec. 22. Section 21a-420e of the general statutes is repealed and the | |
| 1626 | - | following is substituted in lieu thereof (Effective from passage): | |
| 1627 | - | (a) Not later than thirty days after the date that the Social Equity | |
| 1628 | - | Council identifies the criteria and the necessary supporting | |
| 1629 | - | documentation for social equity applicants and posts such information | |
| 1630 | - | on its Internet web site, the department may accept applications for the | |
| 1631 | - | following cannabis establishment license types: (1) Retailer, (2) hybrid Substitute House Bill No. 6699 | |
| 1210 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06699- | |
| 1211 | + | R01-HB.docx } | |
| 1212 | + | 34 of 44 | |
| 1632 | 1213 | ||
| 1633 | - | Public Act No. 23-79 51 of 136 | |
| 1214 | + | harmful." 999 | |
| 1215 | + | "Warning: Cannabis has intoxicating effects and may be habit-1000 | |
| 1216 | + | forming and addictive." 1001 | |
| 1217 | + | "Warning: Consuming more than the recommended amount may 1002 | |
| 1218 | + | result in adverse effects requiring medical attention.". 1003 | |
| 1219 | + | (X) All information necessary to comply with labeling requirements 1004 | |
| 1220 | + | imposed under the laws of this state or federal law, including, but not 1005 | |
| 1221 | + | limited to, sections 21a-91 to 21a-120, inclusive, and 21a-151 to 21a-159, 1006 | |
| 1222 | + | inclusive, the Federal Food, Drug and Cosmetic Act, 21 USC 301 et seq., 1007 | |
| 1223 | + | as amended from time to time, and the federal Fair Packaging and 1008 | |
| 1224 | + | Labeling Act, 15 USC 1451 et seq., as amended from time to time, for 1009 | |
| 1225 | + | similar products that do not contain cannabis. 1010 | |
| 1226 | + | (XI) Such additional warning labels for certain cannabis products as 1011 | |
| 1227 | + | the commissioner may require and post on the department's Internet 1012 | |
| 1228 | + | web site. 1013 | |
| 1229 | + | (6) Establishing laboratory testing standards. [;] 1014 | |
| 1230 | + | (7) Restricting forms of cannabis products and cannabis product 1015 | |
| 1231 | + | delivery systems to ensure consumer safety and deter public health 1016 | |
| 1232 | + | concerns. [;] 1017 | |
| 1233 | + | (8) Prohibiting certain manufacturing methods, or inclusion of 1018 | |
| 1234 | + | additives to cannabis products, including, but not limited to, (A) added 1019 | |
| 1235 | + | flavoring, terpenes or other additives unless approved by the 1020 | |
| 1236 | + | department, or (B) any form of nicotine or other additive containing 1021 | |
| 1237 | + | nicotine. [;] 1022 | |
| 1238 | + | (9) Prohibiting cannabis product types that appeal to children. [;] 1023 | |
| 1239 | + | (10) Establishing physical and cyber security requirements related to 1024 | |
| 1240 | + | build out, monitoring and protocols for cannabis establishments as a 1025 | |
| 1241 | + | requirement for licensure. [;] 1026 Substitute Bill No. 6699 | |
| 1634 | 1242 | ||
| 1635 | - | retailer, (3) cultivator, (4) micro-cultivator, (5) product manufacturer, (6) | |
| 1636 | - | food and beverage manufacturer, (7) product packager, (8) delivery | |
| 1637 | - | service, [and] (9) transporter, (10) dispensary facility, and (11) producer. | |
| 1638 | - | Each application for licensure shall require the applicant to indicate | |
| 1639 | - | whether the applicant wants to be considered for treatment as a social | |
| 1640 | - | equity applicant. | |
| 1641 | - | (b) On and after July 1, 2021, the department may accept applications | |
| 1642 | - | from any dispensary facility to convert its license to a hybrid-retailer | |
| 1643 | - | license and any producer for expanded authorization to engage in the | |
| 1644 | - | adult use cannabis market under its license issued pursuant to section | |
| 1645 | - | 21a-408i. | |
| 1646 | - | (c) Except as provided in subsection [(e)] (d) of this section, the | |
| 1647 | - | following fees shall be paid by each applicant: | |
| 1648 | - | (1) For a retailer license, the fee to enter the lottery shall be five | |
| 1649 | - | hundred dollars, the fee to receive a provisional license shall be five | |
| 1650 | - | thousand dollars and the fee to receive a final license or a renewal of a | |
| 1651 | - | final license shall be twenty-five thousand dollars. | |
| 1652 | - | (2) For a hybrid retailer license, the fee to enter the lottery shall be five | |
| 1653 | - | hundred dollars, the fee to receive a provisional license shall be five | |
| 1654 | - | thousand dollars and the fee to receive a final license or a renewal of a | |
| 1655 | - | final license shall be twenty-five thousand dollars. | |
| 1656 | - | (3) For a cultivator license, the fee to enter the lottery shall be one | |
| 1657 | - | thousand dollars, the fee to receive a provisional license shall be twenty- | |
| 1658 | - | five thousand dollars and the fee to receive a final license or a renewal | |
| 1659 | - | of a final license shall be seventy-five thousand dollars. | |
| 1660 | - | (4) For a micro-cultivator license, the fee to enter the lottery shall be | |
| 1661 | - | two hundred fifty dollars, the fee to receive a provisional license shall | |
| 1662 | - | be five hundred dollars and the fee to receive a final license or a renewal | |
| 1663 | - | of a final license shall be one thousand dollars. Substitute House Bill No. 6699 | |
| 1664 | 1243 | ||
| 1665 | - | Public Act No. 23-79 52 of 136 | |
| 1244 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06699- | |
| 1245 | + | R01-HB.docx } | |
| 1246 | + | 35 of 44 | |
| 1666 | 1247 | ||
| 1667 | - | (5) For a product manufacturer license, the fee to enter the lottery | |
| 1668 | - | shall be seven hundred fifty dollars, the fee to receive a provisional | |
| 1669 | - | license shall be five thousand dollars and the fee to receive a final license | |
| 1670 | - | or a renewal of a final license shall be twenty-five thousand dollars. | |
| 1671 | - | (6) For a food and beverage manufacturer license, the fee to enter the | |
| 1672 | - | lottery shall be two hundred fifty dollars, the fee to receive a provisional | |
| 1673 | - | license shall be one thousand dollars and the fee to receive a final license | |
| 1674 | - | or a renewal of a final license shall be five thousand dollars. | |
| 1675 | - | (7) For a product packager license, the fee to enter the lottery shall be | |
| 1676 | - | five hundred dollars, the fee to receive a provisional license shall be five | |
| 1677 | - | thousand dollars and the fee to receive a final license or a renewal of a | |
| 1678 | - | final license shall be twenty-five thousand dollars. | |
| 1679 | - | (8) For a delivery service or transporter license, the fee to enter the | |
| 1680 | - | lottery shall be two hundred fifty dollars, the fee to receive a provisional | |
| 1681 | - | license shall be one thousand dollars and the fee to receive a final license | |
| 1682 | - | or a renewal of a final license shall be five thousand dollars. | |
| 1683 | - | (9) For an initial or renewal of a backer license, the fee shall be one | |
| 1684 | - | hundred dollars. | |
| 1685 | - | (10) For an initial or renewal of a key employee license, the fee shall | |
| 1686 | - | be one hundred dollars. | |
| 1687 | - | (11) For an initial or renewal of a registration of an employee who is | |
| 1688 | - | not a key employee, the fee shall be fifty dollars. | |
| 1689 | - | (12) The license conversion fee for a dispensary facility to become a | |
| 1690 | - | hybrid retailer shall be one million dollars, except as provided in section | |
| 1691 | - | 21a-420u, as amended by this act. | |
| 1692 | - | (13) The license conversion fee for a producer to engage in the adult | |
| 1693 | - | use cannabis market shall be three million dollars, except as provided in Substitute House Bill No. 6699 | |
| 1248 | + | (11) Placing temporary limits on the sale of cannabis in the adult-use 1027 | |
| 1249 | + | market, if deemed appropriate and necessary by the commissioner, in 1028 | |
| 1250 | + | response to a shortage of cannabis for qualifying patients. [;] 1029 | |
| 1251 | + | (12) Requiring retailers and hybrid retailers to make best efforts to 1030 | |
| 1252 | + | provide access to (A) low-dose THC products, including products that 1031 | |
| 1253 | + | have one milligram and two and a half milligrams of THC per dose, and 1032 | |
| 1254 | + | (B) high-dose CBD products. [;] 1033 | |
| 1255 | + | (13) Requiring producers, cultivators, micro-cultivators, product 1034 | |
| 1256 | + | manufacturers and food and beverage manufacturers to register brand 1035 | |
| 1257 | + | names for cannabis, in accordance with the policies and procedures and 1036 | |
| 1258 | + | subject to the fee set forth in, regulations adopted under chapter 420f. [;] 1037 | |
| 1259 | + | (14) Prohibiting a cannabis establishment from selling, other than the 1038 | |
| 1260 | + | sale of medical marijuana products between cannabis establishments 1039 | |
| 1261 | + | and the sale of cannabis to qualified patients and caregivers, (A) 1040 | |
| 1262 | + | cannabis flower or other cannabis plant material with a total THC 1041 | |
| 1263 | + | concentration greater than thirty per cent on a dry-weight basis, and (B) 1042 | |
| 1264 | + | any cannabis product other than cannabis flower and cannabis plant 1043 | |
| 1265 | + | material with a total THC concentration greater than sixty per cent on a 1044 | |
| 1266 | + | dry-weight basis, except that the provisions of subparagraph (B) of this 1045 | |
| 1267 | + | subdivision shall not apply to the sale of prefilled cartridges for use in 1046 | |
| 1268 | + | an electronic cannabis delivery system, as defined in section 19a-342a 1047 | |
| 1269 | + | and the department may adjust the percentages set forth in 1048 | |
| 1270 | + | subparagraph (A) or (B) of this subdivision in regulations adopted 1049 | |
| 1271 | + | pursuant to this section for purposes of public health or to address 1050 | |
| 1272 | + | market access or shortage. As used in this subdivision, "total THC" has 1051 | |
| 1273 | + | the same meaning as provided in section 21a-240 and "cannabis plant 1052 | |
| 1274 | + | material" means material from the cannabis plant, as defined in section 1053 | |
| 1275 | + | 21a-279a. [; and] 1054 | |
| 1276 | + | (15) Permitting the outdoor cultivation of cannabis. 1055 | |
| 1277 | + | (16) Prohibiting packaging that is (A) visually similar to any 1056 | |
| 1278 | + | commercially similar product that does not contain cannabis, or (B) used 1057 Substitute Bill No. 6699 | |
| 1694 | 1279 | ||
| 1695 | - | Public Act No. 23-79 53 of 136 | |
| 1696 | 1280 | ||
| 1697 | - | section 21a-420l, as amended by this act. | |
| 1698 | - | (14) For a dispensary facility license, the fee to enter the lottery shall | |
| 1699 | - | be five hundred dollars, the fee to receive a provisional license shall be | |
| 1700 | - | five thousand dollars and the fee to receive a final license or a renewal | |
| 1701 | - | of a final license shall be five thousand dollars. | |
| 1702 | - | (15) For a producer license, the fee to enter the lottery shall be one | |
| 1703 | - | thousand dollars, the fee to receive a provisional license shall be twenty- | |
| 1704 | - | five thousand dollars and the fee to receive a final license or a renewal | |
| 1705 | - | of a final license shall be seventy-five thousand dollars. | |
| 1706 | - | (d) For any dispensary facility that has become a hybrid retailer, the | |
| 1707 | - | renewal fee shall be the same as the fee for a hybrid retailer set forth in | |
| 1708 | - | subdivision (2) of subsection (c) of this section. For any producer | |
| 1709 | - | approved for expanded authorization to engage in the adult use | |
| 1710 | - | cannabis market, the renewal fee shall be [the same as set forth in section | |
| 1711 | - | 21a-408i] seventy-five thousand dollars. A social equity applicant shall | |
| 1712 | - | pay fifty per cent of the amount of any of the fees specified in subsection | |
| 1713 | - | (c) of this section for the first three renewal cycles of the applicable | |
| 1714 | - | cannabis establishment license applied for, and the full amount | |
| 1715 | - | thereafter, provided in the case of the fees set forth in subdivisions (12) | |
| 1716 | - | and (13) of subsection (c) of this section, a social equity applicant shall | |
| 1717 | - | pay the full amount of the fee. | |
| 1718 | - | (e) For the fiscal year ending June 30, 2023, and thereafter, fees | |
| 1719 | - | collected by the department under this section shall be paid to the State | |
| 1720 | - | Treasurer and credited to the General Fund, except that the fees | |
| 1721 | - | collected under subdivisions (12) and (13) of subsection (c) of this | |
| 1722 | - | section shall be deposited in the Social Equity and Innovation Fund | |
| 1723 | - | established under section 21a-420f, as amended by this act. | |
| 1724 | - | (f) For each license type: | |
| 1725 | - | (1) Applicants shall apply on a form and in a manner prescribed by Substitute House Bill No. 6699 | |
| 1281 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06699- | |
| 1282 | + | R01-HB.docx } | |
| 1283 | + | 36 of 44 | |
| 1726 | 1284 | ||
| 1727 | - | Public Act No. 23-79 54 of 136 | |
| 1285 | + | for any good that is marketed to individuals reasonably expected to be 1058 | |
| 1286 | + | younger than twenty-one years of age. 1059 | |
| 1287 | + | (17) Allowing cannabis packaging to include a picture of the cannabis 1060 | |
| 1288 | + | plant and contain a logo of one cannabis establishment, which logo may 1061 | |
| 1289 | + | be comprised of not more than three colors and provided neither black 1062 | |
| 1290 | + | nor white shall be considered one of such three colors. Packaging shall 1063 | |
| 1291 | + | be entirely and uniformly one color, and shall not incorporate any 1064 | |
| 1292 | + | information, print, embossing, debossing, graphic or hidden feature, 1065 | |
| 1293 | + | other than any permitted or required label. Notwithstanding any 1066 | |
| 1294 | + | contrary provision of this subdivision, packaging for edible cannabis 1067 | |
| 1295 | + | products shall be entirely and uniformly white, and white and black 1068 | |
| 1296 | + | shall be considered colors for the purposes of edible cannabis product 1069 | |
| 1297 | + | packaging. 1070 | |
| 1298 | + | Sec. 15. Section 38a-1040 of the general statutes is repealed and the 1071 | |
| 1299 | + | following is substituted in lieu thereof (Effective from passage): 1072 | |
| 1300 | + | As used in this section and sections [38a-1040] 38a-1041 to 38a-1050, 1073 | |
| 1301 | + | inclusive, as amended by this act: 1074 | |
| 1302 | + | (1) "Caregiver" has the same meaning as provided in section 21a-408; 1075 | |
| 1303 | + | [(1)] (2) "Consumer" means an individual who receives or is 1076 | |
| 1304 | + | attempting to receive services from a managed care organization and is 1077 | |
| 1305 | + | a resident of this state; [.] 1078 | |
| 1306 | + | [(2)] (3) "Managed care organization" means an insurer, health care 1079 | |
| 1307 | + | center, hospital service corporation, medical service corporation or 1080 | |
| 1308 | + | other organization delivering, issuing for delivery, renewing or 1081 | |
| 1309 | + | amending any individual or group health managed care plan in this 1082 | |
| 1310 | + | state; [.] 1083 | |
| 1311 | + | [(3)] (4) "Managed care plan" means a product offered by a managed 1084 | |
| 1312 | + | care organization that provides for the financing or delivery of health 1085 | |
| 1313 | + | care services to persons enrolled in the plan through: (A) Arrangements 1086 | |
| 1314 | + | with selected providers to furnish health care services; (B) explicit 1087 Substitute Bill No. 6699 | |
| 1728 | 1315 | ||
| 1729 | - | the commissioner, which form shall include a method for the applicant | |
| 1730 | - | to request consideration as a social equity applicant; and | |
| 1731 | - | (2) The department shall post on its Internet web site the application | |
| 1732 | - | period, which shall specify the first and last date that the department | |
| 1733 | - | will accept applications for that license type. The first date that the | |
| 1734 | - | department shall accept applications shall be no sooner than thirty days | |
| 1735 | - | after the date the Social Equity Council posts the criteria and supporting | |
| 1736 | - | documentation necessary to qualify for consideration as a social equity | |
| 1737 | - | applicant as set forth in section 21a-420g, as amended by this act. Only | |
| 1738 | - | complete license applications received by the department during the | |
| 1739 | - | application period shall be considered. | |
| 1740 | - | (g) (1) No current or former state officer or employee, or employee of | |
| 1741 | - | any other person who at any time had access to an application submitted | |
| 1742 | - | to the department pursuant to this section, may disclose such | |
| 1743 | - | application, or any information included in or submitted with such | |
| 1744 | - | application, unless such disclosure is authorized under this subsection. | |
| 1745 | - | (2) The commissioner may disclose the following information | |
| 1746 | - | concerning an application submitted to the department pursuant to this | |
| 1747 | - | section: | |
| 1748 | - | (A) The applicant's name; | |
| 1749 | - | (B) The license type for which such application was submitted; | |
| 1750 | - | (C) The applicant's social equity designation, if any; | |
| 1751 | - | (D) The applicant's address; | |
| 1752 | - | (E) The name, electronic mail address and telephone number of the | |
| 1753 | - | applicant's owner; | |
| 1754 | - | (F) The ownership interest that an owner of a social equity applicant | |
| 1755 | - | holds in such applicant, expressed as a percentage of all ownership Substitute House Bill No. 6699 | |
| 1756 | 1316 | ||
| 1757 | - | Public Act No. 23-79 55 of 136 | |
| 1317 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06699- | |
| 1318 | + | R01-HB.docx } | |
| 1319 | + | 37 of 44 | |
| 1758 | 1320 | ||
| 1759 | - | interests in such applicant; | |
| 1760 | - | (G) The name and address of the person who serves as the applicant's | |
| 1761 | - | primary business contact; | |
| 1762 | - | (H) The application number assigned to such application; | |
| 1763 | - | (I) The date such application was submitted to the department; | |
| 1764 | - | (J) Information concerning the applicant's formation, including, but | |
| 1765 | - | not limited to, the applicant's business entity type, formation date and | |
| 1766 | - | place, and business registration number as such number appears on the | |
| 1767 | - | electronic business portal established by the Commercial Recording | |
| 1768 | - | Division of the office of the Secretary of the State pursuant to section 3- | |
| 1769 | - | 99d; and | |
| 1770 | - | (K) The name of all cannabis businesses associated with the applicant | |
| 1771 | - | and listed on such application. | |
| 1772 | - | (3) (A) In addition to the information described in subdivision (2) of | |
| 1773 | - | this subsection, the commissioner may, in the commissioner's sole | |
| 1774 | - | discretion, disclose any personal information or financial document | |
| 1775 | - | associated with an application submitted to the department pursuant to | |
| 1776 | - | this section to: | |
| 1777 | - | (i) A federal, state or local government agency acting in the course of | |
| 1778 | - | such agency's governmental functions, or a person acting on behalf of | |
| 1779 | - | such agency in performing such functions; | |
| 1780 | - | (ii) A college or university conducting research or assisting the state | |
| 1781 | - | in reviewing such applications, provided such college or university | |
| 1782 | - | agrees to not disclose any personally identifying information or | |
| 1783 | - | confidential business information and to deidentify any personal or | |
| 1784 | - | financial information such college or university receives from the | |
| 1785 | - | department before releasing any report, study, survey or similar Substitute House Bill No. 6699 | |
| 1321 | + | standards for the selection of participating providers; (C) financial 1088 | |
| 1322 | + | incentives for enrollees to use the participating providers and 1089 | |
| 1323 | + | procedures provided for by the plan; or (D) arrangements that share 1090 | |
| 1324 | + | risks with providers, provided the organization offering a plan 1091 | |
| 1325 | + | described under subparagraph (A), (B), (C) or (D) of this subdivision is 1092 | |
| 1326 | + | licensed by the Insurance Department pursuant to chapter 698, 698a or 1093 | |
| 1327 | + | 700 and that the plan includes utilization review, as defined in section 1094 | |
| 1328 | + | 38a-591a; 1095 | |
| 1329 | + | (5) "Marijuana" has the same meaning as provided in section 21a-240; 1096 | |
| 1330 | + | (6) "Medical marijuana product" has the same meaning as provided 1097 | |
| 1331 | + | in section 21a-420, as amended by this act; 1098 | |
| 1332 | + | (7) "Palliative use" has the same meaning as provided in section 21a-1099 | |
| 1333 | + | 408; and 1100 | |
| 1334 | + | (8) "Qualifying patient" has the same meaning as provided in section 1101 | |
| 1335 | + | 21a-408. 1102 | |
| 1336 | + | Sec. 16. Section 38a-1041 of the general statutes is repealed and the 1103 | |
| 1337 | + | following is substituted in lieu thereof (Effective from passage): 1104 | |
| 1338 | + | (a) There is established an Office of the Healthcare Advocate which 1105 | |
| 1339 | + | shall be within the Insurance Department for administrative purposes 1106 | |
| 1340 | + | only. 1107 | |
| 1341 | + | (b) The Office of the Healthcare Advocate may: 1108 | |
| 1342 | + | (1) Assist health insurance consumers with managed care plan 1109 | |
| 1343 | + | selection by providing information, referral and assistance to 1110 | |
| 1344 | + | individuals about means of obtaining health insurance coverage and 1111 | |
| 1345 | + | services; 1112 | |
| 1346 | + | (2) Assist health insurance consumers to understand their rights and 1113 | |
| 1347 | + | responsibilities under managed care plans; 1114 | |
| 1348 | + | (3) Provide information to the public, agencies, legislators and others 1115 Substitute Bill No. 6699 | |
| 1786 | 1349 | ||
| 1787 | - | Public Act No. 23-79 56 of 136 | |
| 1788 | 1350 | ||
| 1789 | - | document concerning such information; | |
| 1790 | - | (iii) An officer of the court in connection with an administrative, | |
| 1791 | - | arbitral, civil or criminal proceeding in a court of competent jurisdiction | |
| 1792 | - | or before a government agency or self-regulatory body, including, but | |
| 1793 | - | not limited to, the service of process, an investigation performed in | |
| 1794 | - | anticipation of litigation, an order issued by such court or the execution | |
| 1795 | - | or enforcement of a judgment or order issued by such court, provided | |
| 1796 | - | the person to whom the commissioner discloses such information or | |
| 1797 | - | document is a party in interest to such proceeding; | |
| 1798 | - | (iv) A state marshal in the course of performing such marshal's duties | |
| 1799 | - | under section 6-38a; or | |
| 1800 | - | (v) The applicant or the applicant's owner to confirm that any such | |
| 1801 | - | information or document such applicant or owner submitted to the | |
| 1802 | - | department in connection with such application is accurate. | |
| 1803 | - | (B) Any personal information or financial document the | |
| 1804 | - | commissioner discloses pursuant to subparagraph (A) of this | |
| 1805 | - | subdivision shall remain confidential, and no person described in | |
| 1806 | - | subparagraphs (A)(i) to (A)(iv), inclusive, of this subdivision shall | |
| 1807 | - | further disseminate such information or document in a manner that | |
| 1808 | - | would enable another person to identify any person referenced in, and | |
| 1809 | - | related to, such information or document unless such disclosure is | |
| 1810 | - | required under other applicable law. | |
| 1811 | - | Sec. 23. Subsection (c) of section 21a-420e of the general statutes, as | |
| 1812 | - | amended by section 22 of this act, is repealed and the following is | |
| 1813 | - | substituted in lieu thereof (Effective July 1, 2023): | |
| 1814 | - | (c) Except as provided in subsection (d) of this section, the following | |
| 1815 | - | fees shall be paid by each applicant: | |
| 1816 | - | (1) For a retailer license, the fee to enter the lottery shall be five Substitute House Bill No. 6699 | |
| 1351 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06699- | |
| 1352 | + | R01-HB.docx } | |
| 1353 | + | 38 of 44 | |
| 1817 | 1354 | ||
| 1818 | - | Public Act No. 23-79 57 of 136 | |
| 1355 | + | regarding problems and concerns of health insurance consumers and 1116 | |
| 1356 | + | make recommendations for resolving those problems and concerns; 1117 | |
| 1357 | + | (4) Assist consumers with the filing of complaints and appeals, 1118 | |
| 1358 | + | including filing appeals with a managed care organization's internal 1119 | |
| 1359 | + | appeal or grievance process and the external appeal process established 1120 | |
| 1360 | + | under sections 38a-591d to 38a-591g, inclusive; 1121 | |
| 1361 | + | (5) Analyze and monitor the development and implementation of 1122 | |
| 1362 | + | federal, state and local laws, regulations and policies relating to health 1123 | |
| 1363 | + | insurance consumers and recommend changes it deems necessary; 1124 | |
| 1364 | + | (6) Facilitate public comment on laws, regulations and policies, 1125 | |
| 1365 | + | including policies and actions of health insurers; 1126 | |
| 1366 | + | (7) Ensure that health insurance consumers have timely access to the 1127 | |
| 1367 | + | services provided by the office; 1128 | |
| 1368 | + | (8) Review the health insurance records of a consumer who has 1129 | |
| 1369 | + | provided written consent for such review; 1130 | |
| 1370 | + | (9) Create and make available to employers a notice, suitable for 1131 | |
| 1371 | + | posting in the workplace, concerning the services that the Healthcare 1132 | |
| 1372 | + | Advocate provides; 1133 | |
| 1373 | + | (10) Establish a toll-free number, or any other free calling option, to 1134 | |
| 1374 | + | allow customer access to the services provided by the Healthcare 1135 | |
| 1375 | + | Advocate; 1136 | |
| 1376 | + | (11) Pursue administrative remedies on behalf of and with the 1137 | |
| 1377 | + | consent of any health insurance consumers; 1138 | |
| 1378 | + | (12) Adopt regulations, pursuant to chapter 54, to carry out the 1139 | |
| 1379 | + | provisions of sections 38a-1040 to 38a-1050, inclusive, as amended by 1140 | |
| 1380 | + | this act; and 1141 | |
| 1381 | + | (13) Take any other actions necessary to fulfill the purposes of 1142 | |
| 1382 | + | sections 38a-1040 to 38a-1050, inclusive, as amended by this act. 1143 Substitute Bill No. 6699 | |
| 1819 | 1383 | ||
| 1820 | - | hundred dollars, the fee to receive a provisional license shall be five | |
| 1821 | - | thousand dollars and the fee to receive a final license or a renewal of a | |
| 1822 | - | final license shall be twenty-five thousand dollars. | |
| 1823 | - | (2) For a hybrid retailer license, the fee to enter the lottery shall be five | |
| 1824 | - | hundred dollars, the fee to receive a provisional license shall be five | |
| 1825 | - | thousand dollars and the fee to receive a final license or a renewal of a | |
| 1826 | - | final license shall be twenty-five thousand dollars. | |
| 1827 | - | (3) For a cultivator license, the fee to enter the lottery shall be one | |
| 1828 | - | thousand dollars, the fee to receive a provisional license shall be twenty- | |
| 1829 | - | five thousand dollars and the fee to receive a final license or a renewal | |
| 1830 | - | of a final license shall be seventy-five thousand dollars. | |
| 1831 | - | (4) For a micro-cultivator license, the fee to enter the lottery shall be | |
| 1832 | - | two hundred fifty dollars, the fee to receive a provisional license shall | |
| 1833 | - | be five hundred dollars and the fee to receive a final license or a renewal | |
| 1834 | - | of a final license shall be one thousand dollars. | |
| 1835 | - | (5) (A) For a product manufacturer license, the fee to enter the lottery | |
| 1836 | - | shall be seven hundred fifty dollars, the fee to receive a provisional | |
| 1837 | - | license shall be five thousand dollars and the fee to receive a final license | |
| 1838 | - | or a renewal of a final license shall be twenty-five thousand dollars. | |
| 1839 | - | (B) For a product manufacturer seeking authorization to expand the | |
| 1840 | - | product manufacturer's authorized activities to include the authorized | |
| 1841 | - | activities of a food and beverage manufacturer, the application fee for | |
| 1842 | - | such expanded authorization shall be five thousand dollars and the fee | |
| 1843 | - | to renew such expanded authorization shall be five thousand dollars. | |
| 1844 | - | The fees due under this subparagraph shall be in addition to the fees | |
| 1845 | - | due under subparagraph (A) of this subdivision. | |
| 1846 | - | (6) (A) For a food and beverage manufacturer license, the fee to enter | |
| 1847 | - | the lottery shall be two hundred fifty dollars, the fee to receive a | |
| 1848 | - | provisional license shall be one thousand dollars and the fee to receive Substitute House Bill No. 6699 | |
| 1849 | 1384 | ||
| 1850 | - | Public Act No. 23-79 58 of 136 | |
| 1385 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06699- | |
| 1386 | + | R01-HB.docx } | |
| 1387 | + | 39 of 44 | |
| 1851 | 1388 | ||
| 1852 | - | a final license or a renewal of a final license shall be five thousand | |
| 1853 | - | dollars. | |
| 1854 | - | (B) For a food and beverage manufacturer seeking authorization to | |
| 1855 | - | expand the food and beverage manufacturer's authorized activities to | |
| 1856 | - | include the authorized activities of a product manufacturer, the | |
| 1857 | - | application fee for such expanded authorization shall be twenty-five | |
| 1858 | - | thousand dollars and the fee to renew such expanded authorization | |
| 1859 | - | shall be twenty-five thousand dollars. The fees due under this | |
| 1860 | - | subparagraph shall be in addition to the fees due under subparagraph | |
| 1861 | - | (A) of this subdivision. | |
| 1862 | - | (7) For a product packager license, the fee to enter the lottery shall be | |
| 1863 | - | five hundred dollars, the fee to receive a provisional license shall be five | |
| 1864 | - | thousand dollars and the fee to receive a final license or a renewal of a | |
| 1865 | - | final license shall be twenty-five thousand dollars. | |
| 1866 | - | (8) For a delivery service or transporter license, the fee to enter the | |
| 1867 | - | lottery shall be two hundred fifty dollars, the fee to receive a provisional | |
| 1868 | - | license shall be one thousand dollars and the fee to receive a final license | |
| 1869 | - | or a renewal of a final license shall be five thousand dollars. | |
| 1870 | - | (9) For an initial or renewal of a backer license, the fee shall be one | |
| 1871 | - | hundred dollars. | |
| 1872 | - | (10) For an initial or renewal of a key employee license, the fee shall | |
| 1873 | - | be one hundred dollars. | |
| 1874 | - | (11) For an initial or renewal of a registration of an employee who is | |
| 1875 | - | not a key employee, the fee shall be fifty dollars. | |
| 1876 | - | (12) The license conversion fee for a dispensary facility to become a | |
| 1877 | - | hybrid retailer shall be one million dollars, except as provided in section | |
| 1878 | - | 21a-420u, as amended by this act. Substitute House Bill No. 6699 | |
| 1389 | + | (c) The Office of the Healthcare Advocate shall make a referral to the 1144 | |
| 1390 | + | Insurance Commissioner if the Healthcare Advocate finds that a 1145 | |
| 1391 | + | preferred provider network may have engaged in a pattern or practice 1146 | |
| 1392 | + | that may be in violation of sections 38a-479aa to 38a-479gg, inclusive, or 1147 | |
| 1393 | + | 38a-815 to 38a-819, inclusive. 1148 | |
| 1394 | + | (d) The Healthcare Advocate and the Insurance Commissioner shall 1149 | |
| 1395 | + | jointly compile a list of complaints received against managed care 1150 | |
| 1396 | + | organizations and preferred provider networks and the commissioner 1151 | |
| 1397 | + | shall maintain the list, except the names of complainants shall not be 1152 | |
| 1398 | + | disclosed if such disclosure would violate the provisions of section 4-1153 | |
| 1399 | + | 61dd or 38a-1045. 1154 | |
| 1400 | + | (e) The [Managed Care Ombudsman ] Healthcare Advocate shall 1155 | |
| 1401 | + | establish a process to provide ongoing communication among mental 1156 | |
| 1402 | + | health care providers, patients, state-wide and regional business 1157 | |
| 1403 | + | organizations, managed care companies and other health insurers to 1158 | |
| 1404 | + | assure: (1) Best practices in mental health treatment and recovery; (2) 1159 | |
| 1405 | + | compliance with the provisions of sections 38a-476a, 38a-476b, 38a-488a 1160 | |
| 1406 | + | and 38a-489; and (3) the relative costs and benefits of providing effective 1161 | |
| 1407 | + | mental health care coverage to employees and their families. On or 1162 | |
| 1408 | + | before January 1, 2006, and annually thereafter, the Healthcare 1163 | |
| 1409 | + | Advocate shall report, in accordance with the provisions of section 11-1164 | |
| 1410 | + | 4a, on the implementation of this subsection to the joint standing 1165 | |
| 1411 | + | committees of the General Assembly having cognizance of matters 1166 | |
| 1412 | + | relating to public health and insurance. 1167 | |
| 1413 | + | (f) The Office of the Healthcare Advocate shall, within available 1168 | |
| 1414 | + | appropriations, establish and maintain a healthcare consumer 1169 | |
| 1415 | + | information web site on the Internet for use by the public in obtaining 1170 | |
| 1416 | + | healthcare information, including but not limited to: (1) The availability 1171 | |
| 1417 | + | of wellness programs in various regions of Connecticut, such as disease 1172 | |
| 1418 | + | prevention and health promotion programs; (2) quality and experience 1173 | |
| 1419 | + | data from hospitals licensed in this state; and (3) a link to the consumer 1174 | |
| 1420 | + | report card developed and distributed by the Insurance Commissioner 1175 | |
| 1421 | + | pursuant to section 38a-478l. 1176 Substitute Bill No. 6699 | |
| 1879 | 1422 | ||
| 1880 | - | Public Act No. 23-79 59 of 136 | |
| 1881 | 1423 | ||
| 1882 | - | (13) The license conversion fee for a producer to engage in the adult | |
| 1883 | - | use cannabis market shall be three million dollars, except as provided in | |
| 1884 | - | section 21a-420l, as amended by this act. | |
| 1885 | - | (14) For a dispensary facility license, the fee to enter the lottery shall | |
| 1886 | - | be five hundred dollars, the fee to receive a provisional license shall be | |
| 1887 | - | five thousand dollars and the fee to receive a final license or a renewal | |
| 1888 | - | of a final license shall be five thousand dollars. | |
| 1889 | - | (15) For a producer license, the fee to enter the lottery shall be one | |
| 1890 | - | thousand dollars, the fee to receive a provisional license shall be twenty- | |
| 1891 | - | five thousand dollars and the fee to receive a final license or a renewal | |
| 1892 | - | of a final license shall be seventy-five thousand dollars. | |
| 1893 | - | Sec. 24. Subsection (d) of section 21a-420f of the general statutes is | |
| 1894 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
| 1895 | - | 2023): | |
| 1896 | - | (d) On and after July 1, 2022, there is established a fund to be known | |
| 1897 | - | as the "Prevention and Recovery Services Fund" which shall be a | |
| 1898 | - | separate, nonlapsing fund. The fund shall contain any moneys required | |
| 1899 | - | by law to be deposited in the fund and shall be held by the Treasurer | |
| 1900 | - | separate and apart from all other moneys, funds and accounts. Moneys | |
| 1901 | - | in the fund shall be appropriated for the purposes of (1) substance abuse | |
| 1902 | - | prevention, treatment and recovery services, which may include, but | |
| 1903 | - | need not be limited to, the (A) provision of youth cannabis use | |
| 1904 | - | prevention services by the local advisory councils on drug use and | |
| 1905 | - | prevention established by municipalities pursuant to subsection (a) of | |
| 1906 | - | Section 4126 of the Drug Free Schools and Communities Act of 1986, as | |
| 1907 | - | amended from time to time, regional behavioral health action | |
| 1908 | - | organizations described in section 17a-484f, or youth service bureaus | |
| 1909 | - | established pursuant to section 10-19m, and (B) development of a public | |
| 1910 | - | awareness campaign to raise awareness of the mental and physical | |
| 1911 | - | health risks of youth cannabis use and cannabis use by pregnant Substitute House Bill No. 6699 | |
| 1424 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06699- | |
| 1425 | + | R01-HB.docx } | |
| 1426 | + | 40 of 44 | |
| 1912 | 1427 | ||
| 1913 | - | Public Act No. 23-79 60 of 136 | |
| 1428 | + | (g) The Office of the Healthcare Advocate shall establish an 1177 | |
| 1429 | + | information and referral service to help residents and providers receive 1178 | |
| 1430 | + | behavioral health care information, timely referrals and access to 1179 | |
| 1431 | + | behavioral health care providers. In developing and implementing such 1180 | |
| 1432 | + | service, the Healthcare Advocate, or the Healthcare Advocate's 1181 | |
| 1433 | + | designee, shall: (1) Collaborate with stakeholders, including, but not 1182 | |
| 1434 | + | limited to, (A) state agencies, (B) the Behavioral Health Partnership 1183 | |
| 1435 | + | established pursuant to section 17a-22h, (C) community collaboratives, 1184 | |
| 1436 | + | (D) the United Way's 2-1-1 Infoline program, and (E) providers; (2) 1185 | |
| 1437 | + | identify any basis that prevents residents from obtaining adequate and 1186 | |
| 1438 | + | timely behavioral health care services, including, but not limited to, (A) 1187 | |
| 1439 | + | gaps in private behavioral health care services and coverage, and (B) 1188 | |
| 1440 | + | barriers to access to care; (3) coordinate a public awareness and 1189 | |
| 1441 | + | educational campaign directing residents to the information and 1190 | |
| 1442 | + | referral service; and (4) develop data reporting mechanisms to 1191 | |
| 1443 | + | determine the effectiveness of the service, including, but not limited to, 1192 | |
| 1444 | + | tracking (A) the number of referrals to providers by type and location of 1193 | |
| 1445 | + | providers, (B) waiting time for services, and (C) the number of providers 1194 | |
| 1446 | + | who accept or reject requests for service based on type of health care 1195 | |
| 1447 | + | coverage. Not later than February 1, 2016, and annually thereafter, the 1196 | |
| 1448 | + | Office of the Healthcare Advocate shall submit a report, in accordance 1197 | |
| 1449 | + | with the provisions of section 11-4a, to the joint standing committees of 1198 | |
| 1450 | + | the General Assembly having cognizance of matters relating to children, 1199 | |
| 1451 | + | human services, public health and insurance. The report shall identify 1200 | |
| 1452 | + | gaps in services and the resources needed to improve behavioral health 1201 | |
| 1453 | + | care options for residents. 1202 | |
| 1454 | + | (h) Not later than October 1, 2022, the Healthcare Advocate shall 1203 | |
| 1455 | + | designate an employee of the Office of the Healthcare Advocate to be 1204 | |
| 1456 | + | responsible for: (1) Performing the office's duties to minors; and (2) 1205 | |
| 1457 | + | coordinating state-wide efforts to ensure that minors have coverage, 1206 | |
| 1458 | + | and access to services, for behavioral health conditions, mental health 1207 | |
| 1459 | + | conditions and substance use disorders. 1208 | |
| 1460 | + | (i) Not later than October 1, 2023, the Healthcare Advocate shall 1209 Substitute Bill No. 6699 | |
| 1914 | 1461 | ||
| 1915 | - | persons, and (2) collection and analysis of data regarding substance use. | |
| 1916 | - | The Social Equity Council may make recommendations to any relevant | |
| 1917 | - | state agency regarding expenditures to be made for the purposes set | |
| 1918 | - | forth in this subsection. | |
| 1919 | - | Sec. 25. Section 21a-420g of the general statutes is repealed and the | |
| 1920 | - | following is substituted in lieu thereof (Effective from passage): | |
| 1921 | - | (a) The Social Equity Council shall review the ownership information | |
| 1922 | - | and any other information necessary to confirm that an applicant | |
| 1923 | - | qualifies as a social equity applicant for all cannabis establishment | |
| 1924 | - | license type applications submitted to the department and designated | |
| 1925 | - | by the applicant as a social equity applicant. The Social Equity Council | |
| 1926 | - | shall prescribe the documentation necessary for applicants to submit to | |
| 1927 | - | establish that the ownership, residency and income requirements for | |
| 1928 | - | social equity applicants are met. On or before September 1, 2021, the | |
| 1929 | - | Social Equity Council shall post such necessary documentation | |
| 1930 | - | requirements on its Internet web site to inform applicants of such | |
| 1931 | - | requirements prior to the start of the application period. | |
| 1932 | - | (b) Except as provided in section 21a-420o, prior to the first date that | |
| 1933 | - | the department begins accepting applications for a license type, the | |
| 1934 | - | department shall determine the maximum number of applications that | |
| 1935 | - | shall be considered for such license type and post such information on | |
| 1936 | - | its Internet web site. Fifty per cent of the maximum number of | |
| 1937 | - | applications that shall be considered for each license type (1) shall be | |
| 1938 | - | selected through a social equity lottery for such license type, and (2) | |
| 1939 | - | shall be reserved by the department for social equity applicants. If, upon | |
| 1940 | - | the close of the application period for a license type, the department | |
| 1941 | - | receives more applications than the maximum number to be considered | |
| 1942 | - | in total or to be reserved for social equity applicants as set forth in this | |
| 1943 | - | subsection, [(b) of this section,] a third-party lottery operator shall | |
| 1944 | - | conduct a lottery to identify applications for review by the department | |
| 1945 | - | and the Social Equity Council. Substitute House Bill No. 6699 | |
| 1946 | 1462 | ||
| 1947 | - | Public Act No. 23-79 61 of 136 | |
| 1463 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06699- | |
| 1464 | + | R01-HB.docx } | |
| 1465 | + | 41 of 44 | |
| 1948 | 1466 | ||
| 1949 | - | (c) (1) The third-party lottery operator shall: | |
| 1950 | - | (A) Not be provided any application received after the close of the | |
| 1951 | - | application period; | |
| 1952 | - | (B) Give equal weight to every complete application submitted | |
| 1953 | - | during the application period; and | |
| 1954 | - | (C) Conduct multiple, separate geographic lotteries if required by the | |
| 1955 | - | department. | |
| 1956 | - | (2) For purposes of the lottery, the third-party lottery operator shall: | |
| 1957 | - | (A) Conduct an independent social equity lottery and general lottery | |
| 1958 | - | for each license type [and a separate lottery for social equity applicants | |
| 1959 | - | of each license type] that results in each application being randomly | |
| 1960 | - | ranked starting with one and continuing sequentially; and | |
| 1961 | - | (B) Rank all applications in each lottery numerically according to the | |
| 1962 | - | order in which they were drawn, including those that exceed the | |
| 1963 | - | number to be considered, and identify for the department all | |
| 1964 | - | applications to be considered. [, which shall consist of the applications | |
| 1965 | - | ranked numerically one to the maximum number set forth in accordance | |
| 1966 | - | with subsection (b) of this section.] | |
| 1967 | - | (d) (1) Prior to submitting an application, an applicant that is a | |
| 1968 | - | business entity shall register such business entity with the Secretary of | |
| 1969 | - | the State to do business in this state, and include with such application | |
| 1970 | - | an attestation that such applicant has so registered. | |
| 1971 | - | (2) No applicant shall apply more than once in any application period | |
| 1972 | - | to the social equity lottery round, if applicable, or the general lottery | |
| 1973 | - | round. The department shall review the list of all lottery applicants in | |
| 1974 | - | the social equity lottery round and the general lottery round, | |
| 1975 | - | independently for each such round, to determine whether any applicant Substitute House Bill No. 6699 | |
| 1467 | + | designate an employee of the Office of the Healthcare Advocate to serve 1210 | |
| 1468 | + | as the Cannabis Ombudsman. The ombudsman shall be qualified by 1211 | |
| 1469 | + | training and experience to perform the duties set forth in this subsection, 1212 | |
| 1470 | + | and shall have expertise and experience with the palliative use of 1213 | |
| 1471 | + | marijuana. The ombudsman shall: (1) Represent the interests of 1214 | |
| 1472 | + | qualifying patients and caregivers; (2) identify, investigate and resolve 1215 | |
| 1473 | + | complaints made by, or on behalf of, qualifying patients and caregivers; 1216 | |
| 1474 | + | (3) monitor the palliative use of marijuana as authorized under chapter 1217 | |
| 1475 | + | 420f; (4) report action, inaction or decisions that may adversely affect the 1218 | |
| 1476 | + | health, safety, welfare or rights of qualifying patients; (5) analyze, 1219 | |
| 1477 | + | comment on and monitor the development and implementation of 1220 | |
| 1478 | + | federal, state and local laws, regulations and other government policies 1221 | |
| 1479 | + | and actions concerning the health, safety, welfare and rights of 1222 | |
| 1480 | + | qualifying patients and caregivers; (6) recommend any changes to the 1223 | |
| 1481 | + | laws, regulations, policies and actions described in subdivision (5) of 1224 | |
| 1482 | + | this subsection that the ombudsman deems appropriate to, among other 1225 | |
| 1483 | + | things, improve the palliative marijuana market in this state; and (7) 1226 | |
| 1484 | + | facilitate public comment on the laws, regulations, policies and actions 1227 | |
| 1485 | + | described in subdivision (5) of this subsection. 1228 | |
| 1486 | + | Sec. 17. (Effective from passage) (a) There is established a task force to 1229 | |
| 1487 | + | study the potential health, safety and financial impact of allowing 1230 | |
| 1488 | + | individuals who are authorized to cultivate cannabis in their residences 1231 | |
| 1489 | + | to sell, at retail, such cannabis at events organized, at least in part, to 1232 | |
| 1490 | + | facilitate such sales. The task force shall (1) examine the impact that such 1233 | |
| 1491 | + | sales would likely have on this state, including, but not limited to, the 1234 | |
| 1492 | + | impact that such sales would likely have on residents of this state and 1235 | |
| 1493 | + | the state's existing medical and recreational cannabis markets, and (2) if 1236 | |
| 1494 | + | the task force recommends that the state authorize such sales, 1237 | |
| 1495 | + | recommend any legislation necessary to authorize and regulate such 1238 | |
| 1496 | + | sales. 1239 | |
| 1497 | + | (b) The task force shall consist of the following members: 1240 | |
| 1498 | + | (1) Two appointed by the speaker of the House of Representatives; 1241 Substitute Bill No. 6699 | |
| 1976 | 1499 | ||
| 1977 | - | Public Act No. 23-79 62 of 136 | |
| 1978 | 1500 | ||
| 1979 | - | has submitted more than one application under the same applicant | |
| 1980 | - | name. Except as provided in subdivision (3) of this subsection, if the | |
| 1981 | - | department determines that any applicant has submitted more than one | |
| 1982 | - | application in the social equity lottery round or the general lottery | |
| 1983 | - | round, all applications submitted in such round by such applicant shall | |
| 1984 | - | be disqualified and the department shall remove all such applications | |
| 1985 | - | from the pool of eligible applications the department provides to the | |
| 1986 | - | third-party lottery operator for selection in such round. | |
| 1987 | - | (3) If a social equity application is entered into the general lottery | |
| 1988 | - | round pursuant to subdivision (4) of subsection (e) of this section, | |
| 1989 | - | thereby resulting in two entries by the same social equity applicant in | |
| 1990 | - | the general lottery round, such entries shall not result in disqualification | |
| 1991 | - | under subdivision (2) of this subsection. Such social equity applicant | |
| 1992 | - | shall not be eligible to receive more than one license from any round of | |
| 1993 | - | the general lottery. If such social equity applicant is selected twice for | |
| 1994 | - | consideration in any general lottery round, the department shall | |
| 1995 | - | disqualify the second such selection and request that the third-party | |
| 1996 | - | lottery operator identify the next-ranked application in the applicable | |
| 1997 | - | lottery. | |
| 1998 | - | (4) No disqualification under this subsection shall result in any | |
| 1999 | - | refund of lottery fees. | |
| 2000 | - | (5) For the purpose of this subsection: (A) "Application period" means | |
| 2001 | - | the established period of time within which the department may accept | |
| 2002 | - | applications for a specific license type for the social equity or general | |
| 2003 | - | lottery; and (B) "round" means each time a lottery is run to determine | |
| 2004 | - | the ranking of applicants after the conclusion of an application period, | |
| 2005 | - | either for the social equity lottery or the general lottery. | |
| 2006 | - | [(d)] (e) (1) Upon receipt of an application for social equity | |
| 2007 | - | consideration or, in the case where a social equity lottery is conducted, | |
| 2008 | - | after such lottery applicants are selected, the department shall provide Substitute House Bill No. 6699 | |
| 1501 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06699- | |
| 1502 | + | R01-HB.docx } | |
| 1503 | + | 42 of 44 | |
| 2009 | 1504 | ||
| 2010 | - | Public Act No. 23-79 63 of 136 | |
| 1505 | + | (2) Two appointed by the president pro tempore of the Senate; 1242 | |
| 1506 | + | (3) One appointed by the majority leader of the House of 1243 | |
| 1507 | + | Representatives; 1244 | |
| 1508 | + | (4) One appointed by the majority leader of the Senate; 1245 | |
| 1509 | + | (5) One appointed by the minority leader of the House of 1246 | |
| 1510 | + | Representatives; 1247 | |
| 1511 | + | (6) One appointed by the minority leader of the Senate; 1248 | |
| 1512 | + | (7) The Commissioner of Consumer Protection, or the commissioner's 1249 | |
| 1513 | + | designee; 1250 | |
| 1514 | + | (8) The Commissioner of Public Health, or the commissioner's 1251 | |
| 1515 | + | designee; 1252 | |
| 1516 | + | (9) The Commissioner of Mental Health and Addiction Services, or 1253 | |
| 1517 | + | the commissioner's designee; and 1254 | |
| 1518 | + | (10) Two appointed by the Governor. 1255 | |
| 1519 | + | (c) Any member of the task force appointed under subdivision (1), 1256 | |
| 1520 | + | (2), (3), (4), (5) or (6) of subsection (b) of this section may be a member 1257 | |
| 1521 | + | of the General Assembly. 1258 | |
| 1522 | + | (d) All initial appointments to the task force shall be made not later 1259 | |
| 1523 | + | than thirty days after the effective date of this section. Any vacancy shall 1260 | |
| 1524 | + | be filled by the appointing authority. 1261 | |
| 1525 | + | (e) The speaker of the House of Representatives and the president pro 1262 | |
| 1526 | + | tempore of the Senate shall select the chairpersons of the task force from 1263 | |
| 1527 | + | among the members of the task force. Such chairpersons shall schedule 1264 | |
| 1528 | + | the first meeting of the task force, which shall be held not later than sixty 1265 | |
| 1529 | + | days after the effective date of this section. 1266 | |
| 1530 | + | (f) The administrative staff of the joint standing committee of the 1267 Substitute Bill No. 6699 | |
| 2011 | 1531 | ||
| 2012 | - | to the Social Equity Council the documentation received by the | |
| 2013 | - | department during the application process that is required under | |
| 2014 | - | subsection (a) of this section. No identifying information beyond what | |
| 2015 | - | is necessary to establish social equity status shall be provided to the | |
| 2016 | - | Social Equity Council. The Social Equity Council shall review the social | |
| 2017 | - | equity applications to be considered as identified by the third-party | |
| 2018 | - | lottery operator to determine whether the applicant meets the criteria | |
| 2019 | - | for a social equity applicant. If the Social Equity Council determines that | |
| 2020 | - | an applicant does not qualify as a social equity applicant, the application | |
| 2021 | - | shall not be reviewed further for purposes of receiving a license | |
| 2022 | - | designated for social equity applicants. The application shall be entered | |
| 2023 | - | into the [other] general lottery for the applicable license type and may | |
| 2024 | - | be reviewed further if selected through such lottery, provided the | |
| 2025 | - | applicant pays the additional amount necessary to pay the full fee for | |
| 2026 | - | entry into such lottery within five business days of being notified by the | |
| 2027 | - | Social Equity Council that [it] such applicant does not qualify as a social | |
| 2028 | - | equity applicant. Not later than thirty days after the Social Equity | |
| 2029 | - | Council notifies an applicant [is notified of a denial of a license | |
| 2030 | - | application under this subsection] of the Social Equity Council's | |
| 2031 | - | determination that the applicant does not meet the criteria for a social | |
| 2032 | - | equity applicant, the applicant may appeal [such denial] from such | |
| 2033 | - | determination to the Superior Court in accordance with section 4-183. | |
| 2034 | - | (2) Upon determination by the Social Equity Council that an | |
| 2035 | - | application selected through the lottery process does not qualify for | |
| 2036 | - | consideration as a social equity applicant, the department shall request | |
| 2037 | - | that the third-party lottery operator identify the next-ranked application | |
| 2038 | - | in the [applicable] social equity lottery. This process may continue until | |
| 2039 | - | the Social Equity Council has identified for further consideration the | |
| 2040 | - | number of applications set forth on the department's web site pursuant | |
| 2041 | - | to subsection (b) of this section or [the lottery indicates that] until there | |
| 2042 | - | are no [further] remaining social equity applications to be considered. Substitute House Bill No. 6699 | |
| 2043 | 1532 | ||
| 2044 | - | Public Act No. 23-79 64 of 136 | |
| 1533 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06699- | |
| 1534 | + | R01-HB.docx } | |
| 1535 | + | 43 of 44 | |
| 2045 | 1536 | ||
| 2046 | - | (3) For each license type, the Social Equity Council shall identify for | |
| 2047 | - | the department the social equity applications that qualify as social | |
| 2048 | - | equity applicants and that should be reviewed by the department for | |
| 2049 | - | purposes of awarding a provisional license. | |
| 2050 | - | (4) Any application [subject to] entered into, but not selected through, | |
| 2051 | - | the social equity lottery [process] shall not be reviewed as a social equity | |
| 2052 | - | application, but shall be entered into the general lottery for the | |
| 2053 | - | [remaining applications for the] applicable license type. | |
| 2054 | - | (5) After receiving the list of selected social equity applications [from] | |
| 2055 | - | reviewed and approved by the Social Equity Council, the department | |
| 2056 | - | shall notify the third-party lottery operator, which shall then conduct | |
| 2057 | - | [an] the independent general lottery for all remaining applicants for | |
| 2058 | - | each license type, rank all general lottery applications numerically | |
| 2059 | - | including those that exceed the number to be considered, and identify | |
| 2060 | - | for the department all of the selected applications to be reviewed. The | |
| 2061 | - | number of applications to be reviewed by the department shall consist | |
| 2062 | - | of the applications ranked numerically one through the maximum | |
| 2063 | - | number [set forth in accordance with subsection (b) of this section, | |
| 2064 | - | provided that if fewer social equity applicants are identified pursuant | |
| 2065 | - | to subdivision (3) of this subsection, the maximum number shall be the | |
| 2066 | - | number] necessary to ensure that fifty per cent of the applications for | |
| 2067 | - | each license type identified through the lottery process are [social equity | |
| 2068 | - | applicants] selected from the social equity lottery and approved by the | |
| 2069 | - | Social Equity Council. | |
| 2070 | - | (6) The numerical rankings created by the third-party lottery operator | |
| 2071 | - | shall be confidential and shall not be subject to disclosure under the | |
| 2072 | - | Freedom of Information Act, as defined in section 1-200. | |
| 2073 | - | [(e)] (f) The department shall review each application to be | |
| 2074 | - | considered, as identified by the third-party lottery operator or Social | |
| 2075 | - | Equity Council, as applicable, to confirm [it] such application is Substitute House Bill No. 6699 | |
| 1537 | + | General Assembly having cognizance of matters relating to consumer 1268 | |
| 1538 | + | protection shall serve as administrative staff of the task force. 1269 | |
| 1539 | + | (g) Not later than January 1, 2024, the task force shall submit a report 1270 | |
| 1540 | + | on its findings and recommendations to the joint standing committee of 1271 | |
| 1541 | + | the General Assembly having cognizance of matters relating to 1272 | |
| 1542 | + | consumer protection, in accordance with the provisions of section 11-4a 1273 | |
| 1543 | + | of the general statutes. The task force shall terminate on the date that it 1274 | |
| 1544 | + | submits such report or January 1, 2024, whichever is later. 1275 | |
| 1545 | + | This act shall take effect as follows and shall amend the following | |
| 1546 | + | sections: | |
| 2076 | 1547 | ||
| 2077 | - | Public Act No. 23-79 65 of 136 | |
| 1548 | + | Section 1 July 1, 2023 21a-420 | |
| 1549 | + | Sec. 2 July 1, 2023 New section | |
| 1550 | + | Sec. 3 July 1, 2023 21a-420b(d) and (e) | |
| 1551 | + | Sec. 4 July 1, 2023 21a-420d(k) | |
| 1552 | + | Sec. 5 July 1, 2023 21a-420m(b) | |
| 1553 | + | Sec. 6 July 1, 2023 21a-420r | |
| 1554 | + | Sec. 7 July 1, 2023 21a-420s | |
| 1555 | + | Sec. 8 July 1, 2023 21a-420u(b) | |
| 1556 | + | Sec. 9 July 1, 2023 21a-420y(b) | |
| 1557 | + | Sec. 10 July 1, 2023 21a-420z | |
| 1558 | + | Sec. 11 July 1, 2023 21a-421p | |
| 1559 | + | Sec. 12 July 1, 2023 21a-278b | |
| 1560 | + | Sec. 13 July 1, 2023 21a-421d | |
| 1561 | + | Sec. 14 July 1, 2023 21a-421j | |
| 1562 | + | Sec. 15 from passage 38a-1040 | |
| 1563 | + | Sec. 16 from passage 38a-1041 | |
| 1564 | + | Sec. 17 from passage New section | |
| 2078 | 1565 | ||
| 2079 | - | complete and to determine whether any application: (1) Includes a | |
| 2080 | - | backer with a disqualifying conviction; (2) [includes a backer that would | |
| 2081 | - | result in common ownership in violation of] exceeds the cap set forth in | |
| 2082 | - | section 21a-420i; or (3) has a backer who individually or in connection | |
| 2083 | - | with a cannabis business in another state or country has an | |
| 2084 | - | administrative finding or judicial decision that may substantively | |
| 2085 | - | compromise the integrity of the cannabis program, as determined by the | |
| 2086 | - | department, or that precludes its participation in this state's cannabis | |
| 2087 | - | program. | |
| 2088 | - | [(f)] (g) No additional backers may be added to a cannabis | |
| 2089 | - | establishment application between the time of lottery entry, or any | |
| 2090 | - | initial application for a license, and when a final license is awarded to | |
| 2091 | - | the cannabis establishment, except, if a backer of an applicant or | |
| 2092 | - | provisional licensee dies, the applicant or provisional licensee may | |
| 2093 | - | apply to the commissioner to replace the deceased backer, provided if | |
| 2094 | - | such applicant is a social equity applicant, the Social Equity Council | |
| 2095 | - | shall review ownership to ensure such replacement would not cause the | |
| 2096 | - | applicant to no longer qualify as a social equity applicant. A backer may | |
| 2097 | - | be removed from a cannabis establishment application selected through | |
| 2098 | - | the general lottery at any time upon notice to the department. | |
| 2099 | - | [(g)] (h) If an applicant [or a single backer of an applicant] is | |
| 2100 | - | disqualified on the basis of any of the criteria set forth in subsection [(e)] | |
| 2101 | - | (f) of this section, the entire application shall be denied, and such denial | |
| 2102 | - | shall be a final decision of the department [, provided backers of the | |
| 2103 | - | applicant entity named in the lottery application submission may be | |
| 2104 | - | removed prior to submission of a final license application unless such | |
| 2105 | - | removal would result in a social equity applicant no longer qualifying | |
| 2106 | - | as a social equity applicant. If] unless the applicant removes [any | |
| 2107 | - | backer] from such application all backers that would cause [the | |
| 2108 | - | applicant to be denied based on subsection (e) of this section, then the | |
| 2109 | - | applicant entity shall not be denied due to such backer's prior Substitute House Bill No. 6699 | |
| 1566 | + | Statement of Legislative Commissioners: | |
| 1567 | + | Section 1(1) was rewritten for consistency with standard drafting | |
| 1568 | + | conventions and accuracy; in Section 2(b), the reference to Subsec. (e) | |
| 1569 | + | was changed to reference Subsec. (f) for accuracy; in Sections 2(e), (f) | |
| 1570 | + | and (g), the designators "(d)", "(e)" and "(f)" were changed to "(e)", "(f)" | |
| 1571 | + | and "(g)", respectively, for consistency with standard drafting | |
| 1572 | + | conventions; in Section 3(d) and (e), "53-247a and" was changed to "53- | |
| 1573 | + | 247a, [and]" for consistency with standard drafting conventions; in | |
| 1574 | + | Section 4(k), "section 21a-420j" was changed to "[section] 21a-420j" for Substitute Bill No. 6699 | |
| 2110 | 1575 | ||
| 2111 | - | Public Act No. 23-79 66 of 136 | |
| 2112 | 1576 | ||
| 2113 | - | involvement if such backer is removed within thirty days of notice by | |
| 2114 | - | the department of the disqualification of a backer] such denial not later | |
| 2115 | - | than thirty days after the department sends notice to the applicant | |
| 2116 | - | disclosing such denial. Any change to a social equity applicant shall be | |
| 2117 | - | reviewed and approved by the Social Equity Council before such change | |
| 2118 | - | is reviewed by the department. Not later than thirty days after [service | |
| 2119 | - | of] the department sends notice [upon] to the applicant [of a] disclosing | |
| 2120 | - | such denial, the applicant may appeal such denial to the Superior Court. | |
| 2121 | - | [in accordance with section 4-183.] | |
| 2122 | - | [(h)] (i) For each application denied pursuant to subsection [(e)] (f) of | |
| 2123 | - | this section, the department may, within its discretion, request that the | |
| 2124 | - | third-party lottery operator identify the next-ranked application in the | |
| 2125 | - | applicable lottery. If the applicant that was denied was a social equity | |
| 2126 | - | applicant, the next ranked social equity applicant shall first be reviewed | |
| 2127 | - | by the Social Equity Council to confirm that the applicant qualifies as a | |
| 2128 | - | social equity applicant prior to being further reviewed by the | |
| 2129 | - | department. This process may continue until the department has | |
| 2130 | - | identified for further consideration the number of applications | |
| 2131 | - | equivalent to the maximum number set forth on its Internet web site | |
| 2132 | - | pursuant to subsection (b) of this section. If the number of applications | |
| 2133 | - | remaining is less than the maximum num ber posted on the | |
| 2134 | - | department's Internet web site, the department shall award fewer | |
| 2135 | - | licenses. To the extent the denials result in less than fifty per cent of | |
| 2136 | - | applicants being social equity applicants, the department shall continue | |
| 2137 | - | to review and issue provisional and final licenses for the remaining | |
| 2138 | - | applications, but shall reopen the application period only for social | |
| 2139 | - | equity applicants. | |
| 2140 | - | [(i)] (j) All applicants selected in the lottery and not denied shall be | |
| 2141 | - | provided a provisional license application, which shall be submitted in | |
| 2142 | - | a form and manner prescribed by the commissioner. [Applicants] | |
| 2143 | - | Lottery applicants shall have sixty days from the date they receive their Substitute House Bill No. 6699 | |
| 1577 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06699- | |
| 1578 | + | R01-HB.docx } | |
| 1579 | + | 44 of 44 | |
| 2144 | 1580 | ||
| 2145 | - | Public Act No. 23-79 67 of 136 | |
| 1581 | + | consistency with standard drafting conventions; Section 9(b) was | |
| 1582 | + | rewritten for clarity; in Section 12(a), "[or] 21a-420w" was changed to "or | |
| 1583 | + | 21a-420w" for consistency with standard drafting conventions; in | |
| 1584 | + | Section 13(b), "identify, and develop a list of," was changed to | |
| 1585 | + | "determine which labor unions, and develop a list of labor unions that," | |
| 1586 | + | for internal consistency; in Section 14(5)(F), "multiple-serving" was | |
| 1587 | + | changed to "multiple servings" for clarity; in Section 14(5)(N)(ii)(VI), | |
| 1588 | + | "ethers, salts" was changed to "ethers and salts" for clarity; in Section | |
| 1589 | + | 14(5)(N)(ii)(X), "sections 21a-151" was changed to "and 21a-151" for | |
| 1590 | + | consistency with standard drafting conventions; and in Section 14(17), | |
| 1591 | + | "black and white shall not" was changed to "neither black nor white | |
| 1592 | + | shall" for clarity. | |
| 2146 | 1593 | ||
| 2147 | - | provisional application to complete the application. The right to apply | |
| 2148 | - | for a provisional license is nontransferable. Upon receiving a | |
| 2149 | - | provisional application from an applicant, the department shall review | |
| 2150 | - | the application for completeness and to confirm that all information | |
| 2151 | - | provided is acceptable and in compliance with this section and any | |
| 2152 | - | regulations adopted under this section. If a provisional application does | |
| 2153 | - | not meet the standards set forth in this section, the applicant shall not | |
| 2154 | - | be provided a provisional license. A provisional license issued by the | |
| 2155 | - | department to an applicant on or before June 30, 2023, other than a | |
| 2156 | - | provisional license issued pursuant to section 21a-420o, shall expire | |
| 2157 | - | twenty-four months after the date on which the department issued such | |
| 2158 | - | provisional license and shall not be renewed. A provisional license | |
| 2159 | - | issued by the department to an applicant on or after July 1, 2023, other | |
| 2160 | - | than a provisional license issued pursuant to section 21a-420o, shall | |
| 2161 | - | expire after fourteen months and shall not be renewed. Upon granting | |
| 2162 | - | a provisional license, the department shall notify the applicant of the | |
| 2163 | - | project labor agreement requirements of section 21a-421e. A provisional | |
| 2164 | - | licensee may apply for a final license of the license type for which the | |
| 2165 | - | licensee applied during the initial application period. A provisional | |
| 2166 | - | license shall be nontransferable. If the provisional application does not | |
| 2167 | - | meet the standards set forth in this section or is not completed within | |
| 2168 | - | sixty days, the applicant shall not receive a provisional license. The | |
| 2169 | - | decision of the department not to award a provisional license shall be | |
| 2170 | - | final and may be appealed in accordance with section 4-183. Nothing in | |
| 2171 | - | this section shall prevent a provisional applicant from submitting an | |
| 2172 | - | application for a future lottery. | |
| 2173 | - | [(j)] (k) Final license applications shall be submitted on a form and in | |
| 2174 | - | a manner approved by the commissioner and shall include, but not be | |
| 2175 | - | limited to, the information set forth in this section, as well as evidence | |
| 2176 | - | of the following: | |
| 2177 | - | (1) A contract with an entity providing an approved electronic Substitute House Bill No. 6699 | |
| 2178 | - | ||
| 2179 | - | Public Act No. 23-79 68 of 136 | |
| 2180 | - | ||
| 2181 | - | tracking system as set forth in section 21a-421n; | |
| 2182 | - | (2) A right to occupy the location at which the cannabis establishment | |
| 2183 | - | operation will be located; | |
| 2184 | - | (3) Any necessary local zoning approval for the cannabis | |
| 2185 | - | establishment operation; | |
| 2186 | - | (4) A labor peace agreement complying with section 21a-421d, as | |
| 2187 | - | amended by this act, has been entered into between the cannabis | |
| 2188 | - | establishment and a bona fide labor organization, as defined in section | |
| 2189 | - | 21a-421d, as amended by this act; | |
| 2190 | - | (5) A certification by the applicant that a project labor agreement | |
| 2191 | - | complying with section 21a-421e will be entered into by the cannabis | |
| 2192 | - | establishment prior to construction of any facility to be used in the | |
| 2193 | - | operation of a cannabis establishment; | |
| 2194 | - | (6) A social equity plan approved by the Social Equity Council; | |
| 2195 | - | (7) A workforce development plan approved by the Social Equity | |
| 2196 | - | Council; | |
| 2197 | - | (8) Written policies for preventing diversion and misuse of cannabis | |
| 2198 | - | and sales to underage persons; and | |
| 2199 | - | (9) All other security requirements set forth by the department based | |
| 2200 | - | on the specific license type. | |
| 2201 | - | [(k)] (l) At any point prior to the expiration of the provisional license, | |
| 2202 | - | the department may award a provisional licensee a final license for the | |
| 2203 | - | license type for which the licensee applied. Prior to receiving final | |
| 2204 | - | license approval, a provisional licensee shall not possess, distribute, | |
| 2205 | - | manufacture, sell or transfer cannabis. The department may conduct site | |
| 2206 | - | inspections prior to issuing a final license. Substitute House Bill No. 6699 | |
| 2207 | - | ||
| 2208 | - | Public Act No. 23-79 69 of 136 | |
| 2209 | - | ||
| 2210 | - | [(l)] (m) At any time after receiving a final license, a cannabis | |
| 2211 | - | establishment may begin operations, provided all other requirements | |
| 2212 | - | for opening a business in compliance with the laws of this state are | |
| 2213 | - | complete and all employees have been registered and all key employees | |
| 2214 | - | and backers have been licensed, with the department. | |
| 2215 | - | Sec. 26. Subsection (e) of section 21a-420j of the general statutes is | |
| 2216 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
| 2217 | - | 2023): | |
| 2218 | - | (e) Equity joint ventures that are retailers or hybrid retailers that share | |
| 2219 | - | a common [cultivator or] cultivator backer or owner shall not be located | |
| 2220 | - | within twenty miles of [another commonly owned equity joint venture] | |
| 2221 | - | each other. | |
| 2222 | - | Sec. 27. Subsection (d) of section 21a-420l of the general statutes is | |
| 2223 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
| 2224 | - | 2023): | |
| 2225 | - | (d) For purposes of this section, "social equity partner" means a | |
| 2226 | - | person that is controlled, and at least sixty-five per cent owned, [and | |
| 2227 | - | controlled] by an individual or individuals, or such applicant is an | |
| 2228 | - | individual, who: | |
| 2229 | - | (1) Had an average household income of less than three hundred per | |
| 2230 | - | cent of the state median household income over the three tax years | |
| 2231 | - | immediately preceding such individual's application; and | |
| 2232 | - | (2) (A) Was a resident of a disproportionately impacted area for not | |
| 2233 | - | less than five of the ten years immediately preceding the date of such | |
| 2234 | - | application; or | |
| 2235 | - | (B) Was a resident of a disproportionately impacted area for not less | |
| 2236 | - | than nine years prior to attaining the age of eighteen. Substitute House Bill No. 6699 | |
| 2237 | - | ||
| 2238 | - | Public Act No. 23-79 70 of 136 | |
| 2239 | - | ||
| 2240 | - | Sec. 28. Subsections (b) to (f), inclusive, of section 21a-420m of the | |
| 2241 | - | general statutes are repealed and the following is substituted in lieu | |
| 2242 | - | thereof (Effective July 1, 2023): | |
| 2243 | - | (b) The equity joint venture shall be in any cannabis establishment | |
| 2244 | - | licensed business, other than a cultivator license, provided such equity | |
| 2245 | - | joint venture is at least fifty per cent owned and controlled by an | |
| 2246 | - | individual or individuals who meet, or the equity joint venture | |
| 2247 | - | applicant is an individual who meets, the criteria established in | |
| 2248 | - | subparagraphs (A) and (B) of subdivision [(48)] (50) of section 21a-420, | |
| 2249 | - | as amended by this act. | |
| 2250 | - | (c) The equity joint venture applicant shall submit an application to | |
| 2251 | - | the Social Equity Council that may include, but need not be limited to, | |
| 2252 | - | evidence of business formation, ownership allocation, terms of | |
| 2253 | - | ownership and financing and proof of social equity status. The equity | |
| 2254 | - | joint venture applicant shall submit to the Social Equity Council | |
| 2255 | - | information including, but not limited to, the organizing documents of | |
| 2256 | - | the entity that outline the ownership stake of each backer, initial backer | |
| 2257 | - | investment and payout information to enable the council to determine | |
| 2258 | - | the terms of ownership. | |
| 2259 | - | (d) Upon obtaining the written approval of the Social Equity Council | |
| 2260 | - | for an equity joint venture, the equity joint venture applicant shall apply | |
| 2261 | - | for a license from the department in the same form as required by all | |
| 2262 | - | other licensees of the same license type, except that such application | |
| 2263 | - | shall not be subject to the lottery. | |
| 2264 | - | (e) A producer, including the backer of such producer, shall not | |
| 2265 | - | increase its ownership in an equity joint venture in excess of fifty per | |
| 2266 | - | cent during the seven-year period after a license is issued by the | |
| 2267 | - | department under this section. | |
| 2268 | - | (f) Equity joint ventures that are retailers or hybrid retailers that share Substitute House Bill No. 6699 | |
| 2269 | - | ||
| 2270 | - | Public Act No. 23-79 71 of 136 | |
| 2271 | - | ||
| 2272 | - | a common [producer or] producer backer [and that are retailers or | |
| 2273 | - | hybrid retailers] or owner shall not be located within twenty miles of | |
| 2274 | - | [another commonly owned equity joint venture] each other. | |
| 2275 | - | Sec. 29. Subsection (d) of section 21a-420n of the general statutes is | |
| 2276 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
| 2277 | - | 2023): | |
| 2278 | - | (d) A cultivator may sell, transfer or transport its cannabis to a | |
| 2279 | - | dispensary facility, hybrid retailer, retailer, food and beverage | |
| 2280 | - | manufacturer, product manufacturer, research program, cannabis | |
| 2281 | - | testing laboratory or product packager utilizing its own employees or a | |
| 2282 | - | transporter. A cultivator shall not sell, transfer or deliver to consumers, | |
| 2283 | - | qualifying patients or caregivers, directly or through a delivery service. | |
| 2284 | - | Sec. 30. Subsection (e) of section 21a-420p of the general statutes is | |
| 2285 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
| 2286 | - | 2023): | |
| 2287 | - | (e) A micro-cultivator may sell, transfer or transport its cannabis to a | |
| 2288 | - | dispensary facility, hybrid retailer, retailer, delivery service, food and | |
| 2289 | - | beverage manufacturer, product manufacturer, research program, | |
| 2290 | - | cannabis testing laboratory or product packager, provided the cannabis | |
| 2291 | - | is cultivated, grown and propagated at the micro-cultivator's licensed | |
| 2292 | - | establishment and transported utilizing the micro-cultivator's own | |
| 2293 | - | employees or a transporter. A micro-cultivator shall not gift or transfer | |
| 2294 | - | cannabis or cannabis products at no cost to a consumer as part of a | |
| 2295 | - | commercial transaction. | |
| 2296 | - | Sec. 31. Subsection (b) of section 21a-420r of the general statutes is | |
| 2297 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
| 2298 | - | 2023): | |
| 2299 | - | (b) A retailer may obtain cannabis from a cultivator, micro-cultivator, | |
| 2300 | - | producer, product packager, food and beverage manufacturer, product Substitute House Bill No. 6699 | |
| 2301 | - | ||
| 2302 | - | Public Act No. 23-79 72 of 136 | |
| 2303 | - | ||
| 2304 | - | manufacturer or transporter or an undeliverable return from a delivery | |
| 2305 | - | service. A retailer may sell, transport or transfer cannabis or cannabis | |
| 2306 | - | products to a delivery service, cannabis testing laboratory or research | |
| 2307 | - | program. A retailer may sell cannabis to a consumer or research | |
| 2308 | - | program. A retailer may not conduct sales of medical marijuana | |
| 2309 | - | products nor offer discounts or other inducements to qualifying patients | |
| 2310 | - | or caregivers. A retailer shall not gift or transfer cannabis at no cost to a | |
| 2311 | - | consumer as part of a commercial transaction. | |
| 2312 | - | Sec. 32. Subsection (b) of section 21a-420s of the general statutes is | |
| 2313 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
| 2314 | - | 2023): | |
| 2315 | - | (b) A hybrid retailer may obtain cannabis from a cultivator, micro- | |
| 2316 | - | cultivator, producer, product packager, food and beverage | |
| 2317 | - | manufacturer, product manufacturer or transporter. In addition to the | |
| 2318 | - | activities authorized under section 21a-420t, a hybrid retailer may sell, | |
| 2319 | - | transport or transfer cannabis to a delivery service, cannabis testing | |
| 2320 | - | laboratory or research program. A hybrid retailer may sell cannabis | |
| 2321 | - | products to a consumer or research program. A hybrid retailer shall not | |
| 2322 | - | gift or transfer cannabis at no cost to a consumer, qualifying patient or | |
| 2323 | - | caregiver as part of a commercial transaction. | |
| 2324 | - | Sec. 33. Subsections (b) to (f), inclusive, of section 21a-420u of the | |
| 2325 | - | general statutes are repealed and the following is substituted in lieu | |
| 2326 | - | thereof (Effective July 1, 2023): | |
| 2327 | - | (b) Any equity joint venture created under this section shall be | |
| 2328 | - | created for the development of a cannabis establishment, other than a | |
| 2329 | - | cultivator, provided such equity joint venture is at least fifty per cent | |
| 2330 | - | owned and controlled by an individual or individuals who meet, or the | |
| 2331 | - | equity joint venture applicant is an individual who meets, the criteria | |
| 2332 | - | established in subparagraphs (A) and (B) of subdivision [(48)] (50) of | |
| 2333 | - | section 21a-420, as amended by this act. Substitute House Bill No. 6699 | |
| 2334 | - | ||
| 2335 | - | Public Act No. 23-79 73 of 136 | |
| 2336 | - | ||
| 2337 | - | (c) An equity joint venture applicant shall submit an application to | |
| 2338 | - | the Social Equity Council that may include, but need not be limited to, | |
| 2339 | - | evidence of business formation, ownership allocation, terms of | |
| 2340 | - | ownership and financing and proof of social equity status. The equity | |
| 2341 | - | joint venture applicant shall submit to the Social Equity Council | |
| 2342 | - | information including, but not limited to, the organizing documents of | |
| 2343 | - | the entity that outline the ownership stake of each backer, initial backer | |
| 2344 | - | investment and payout information to enable the council to determine | |
| 2345 | - | the terms of ownership. | |
| 2346 | - | (d) Upon receipt of written approval of the equity joint venture by | |
| 2347 | - | the Social Equity Council, the equity joint venture applicant shall apply | |
| 2348 | - | for a license from the department in the same form as required by all | |
| 2349 | - | other licensees of the same license type and subject to the same fees as | |
| 2350 | - | required by all other licensees of the same license type, except that such | |
| 2351 | - | application shall not be subject to the lottery process. | |
| 2352 | - | (e) A dispensary facility, including the backers of such dispensary | |
| 2353 | - | facility, shall not increase its ownership in an equity joint venture in | |
| 2354 | - | excess of fifty per cent during the seven-year period after a license is | |
| 2355 | - | issued by the department under this section. | |
| 2356 | - | (f) Equity joint ventures that are retailers or hybrid retailers that share | |
| 2357 | - | a common [dispensary facility or] dispensary facility backer or owner, | |
| 2358 | - | or hybrid retailer backer or owner, shall not be located within twenty | |
| 2359 | - | miles of [another commonly owned equity joint venture] each other. | |
| 2360 | - | Sec. 34. Section 21a-420w of the general statutes is repealed and the | |
| 2361 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
| 2362 | - | (a) On and after July 1, 2021, the department may issue or renew a | |
| 2363 | - | license for a person to be a food and beverage manufacturer. No person | |
| 2364 | - | may act as a food and beverage manufacturer or represent that such | |
| 2365 | - | person is a licensed food and beverage manufacturer unless such person Substitute House Bill No. 6699 | |
| 2366 | - | ||
| 2367 | - | Public Act No. 23-79 74 of 136 | |
| 2368 | - | ||
| 2369 | - | has obtained a license from the department pursuant to this section. | |
| 2370 | - | (b) A food and beverage manufacturer may incorporate cannabis into | |
| 2371 | - | foods or beverages as an ingredient. A food and beverage manufacturer | |
| 2372 | - | shall not perform extraction of cannabis into a cannabis concentrate nor | |
| 2373 | - | create any product that is not a food or beverage intended to be | |
| 2374 | - | consumed by humans. | |
| 2375 | - | (c) A food and beverage manufacturer may package or label any food | |
| 2376 | - | or beverage prepared by the food and beverage manufacturer at the | |
| 2377 | - | establishment subject to the license. | |
| 2378 | - | (d) A food and beverage manufacturer may sell, transfer or transport | |
| 2379 | - | its own products to a cannabis establishment, cannabis testing | |
| 2380 | - | laboratory or research program, utilizing its employees or a transporter. | |
| 2381 | - | A food and beverage manufacturer may not deliver any cannabis, | |
| 2382 | - | cannabis products or food or beverage incorporating cannabis to a | |
| 2383 | - | consumer, directly or through a delivery service. | |
| 2384 | - | (e) All products created by a food and beverage manufacturer shall | |
| 2385 | - | be labeled in accordance with the policies and procedures issued by the | |
| 2386 | - | commissioner to implement, and any regulations adopted pursuant to, | |
| 2387 | - | RERACA as well as federal Food and Drug Administration and United | |
| 2388 | - | States Department of Agriculture requirements. | |
| 2389 | - | (f) A food and beverage manufacturer shall ensure all equipment | |
| 2390 | - | utilized for manufacturing, processing and packaging cannabis is | |
| 2391 | - | sanitary and inspected regularly to deter the adulteration of cannabis in | |
| 2392 | - | accordance with RERACA as well as federal Food and Drug | |
| 2393 | - | Administration and United States Department of Agriculture | |
| 2394 | - | requirements. | |
| 2395 | - | (g) (1) A food and beverage manufacturer may expand the food and | |
| 2396 | - | beverage manufacturer's authorized activities to include the authorized | |
| 2397 | - | activities of a product manufacturer if: (A) The food and beverage Substitute House Bill No. 6699 | |
| 2398 | - | ||
| 2399 | - | Public Act No. 23-79 75 of 136 | |
| 2400 | - | ||
| 2401 | - | manufacturer submits to the department (i) a completed license | |
| 2402 | - | expansion application on a form and in a manner prescribed by the | |
| 2403 | - | commissioner, and (ii) the fee prescribed in subparagraph (B) of | |
| 2404 | - | subdivision (6) of subsection (c) of section 21a-420e, as amended by this | |
| 2405 | - | act; and (B) the commissioner authorizes the food and beverage | |
| 2406 | - | manufacturer, in writing, to expand such food and beverage | |
| 2407 | - | manufacturer's authorized activities to include the authorized activities | |
| 2408 | - | of a product manufacturer. | |
| 2409 | - | (2) A food and beverage manufacturer that expands the food and | |
| 2410 | - | beverage manufacturer's authorized activities to include the authorized | |
| 2411 | - | activities of a product manufacturer under this subsection shall comply | |
| 2412 | - | with all provisions of this chapter, and all regulations, policies and | |
| 2413 | - | procedures prescribed pursuant to this chapter, concerning product | |
| 2414 | - | manufacturers. In the event of a conflict between any provision of this | |
| 2415 | - | chapter, or any regulation, policy or procedure prescribed pursuant to | |
| 2416 | - | this chapter, concerning food and beverage manufacturers and any such | |
| 2417 | - | provision, regulation, policy or procedure concerning product | |
| 2418 | - | manufacturers, the provision, regulation, policy or procedure imposing | |
| 2419 | - | the more stringent public health and safety standard shall prevail. | |
| 2420 | - | Sec. 35. Section 21a-420x of the general statutes is repealed and the | |
| 2421 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
| 2422 | - | (a) On and after July 1, 2021, the department may issue or renew a | |
| 2423 | - | license for a person to be a product manufacturer. No person may act as | |
| 2424 | - | a product manufacturer or represent that such person is a licensed | |
| 2425 | - | product manufacturer unless such person has obtained a license from | |
| 2426 | - | the department pursuant to this section. | |
| 2427 | - | (b) A product manufacturer may perform cannabis extractions, | |
| 2428 | - | chemical synthesis and all other manufacturing activities authorized by | |
| 2429 | - | the commissioner and published on the department's Internet web site. Substitute House Bill No. 6699 | |
| 2430 | - | ||
| 2431 | - | Public Act No. 23-79 76 of 136 | |
| 2432 | - | ||
| 2433 | - | (c) A product manufacturer may package and label cannabis | |
| 2434 | - | manufactured at its establishment subject to the license. | |
| 2435 | - | (d) A product manufacturer may sell, transfer or transport its own | |
| 2436 | - | products to a cannabis establishment, cannabis testing laboratory or | |
| 2437 | - | research program, provided such transportation is performed by | |
| 2438 | - | utilizing its own employees or a transporter. A product manufacturer | |
| 2439 | - | may not deliver any cannabis to a consumer directly or through a | |
| 2440 | - | delivery service. | |
| 2441 | - | (e) All products created by a product manufacturer shall be labeled | |
| 2442 | - | in accordance with the policies and procedures issued by the | |
| 2443 | - | commissioner to implement, and any regulations adopted pursuant to, | |
| 2444 | - | RERACA as well as federal Food and Drug Administration | |
| 2445 | - | requirements. | |
| 2446 | - | (f) A product manufacturer shall ensure all equipment utilized for | |
| 2447 | - | manufacturing, extracting, processing and packaging cannabis is | |
| 2448 | - | sanitary and inspected regularly to deter the adulteration of cannabis in | |
| 2449 | - | accordance with RERACA as well as federal Food and Drug | |
| 2450 | - | Administration requirements. | |
| 2451 | - | (g) (1) A product manufacturer may expand the product | |
| 2452 | - | manufacturer's authorized activities to include the authorized activities | |
| 2453 | - | of a food and beverage manufacturer if: (A) The product manufacturer | |
| 2454 | - | submits to the department (i) a completed license expansion application | |
| 2455 | - | on a form and in a manner prescribed by the commissioner, and (ii) the | |
| 2456 | - | fee prescribed in subparagraph (B) of subdivision (5) of subsection (c) of | |
| 2457 | - | section 21a-420e, as amended by this act; and (B) the commissioner | |
| 2458 | - | authorizes the product manufacturer, in writing, to expand such | |
| 2459 | - | product manufacturer's authorized activities to include the authorized | |
| 2460 | - | activities of a food and beverage manufacturer. | |
| 2461 | - | (2) All equipment that a product manufacturer utilizes to Substitute House Bill No. 6699 | |
| 2462 | - | ||
| 2463 | - | Public Act No. 23-79 77 of 136 | |
| 2464 | - | ||
| 2465 | - | manufacture edible cannabis products shall be sanitary and regularly | |
| 2466 | - | inspected in accordance with all applicable requirements established: | |
| 2467 | - | (A) In this chapter and the regulations, policies and procedures adopted | |
| 2468 | - | pursuant to this chapter; (B) by the United States Department of | |
| 2469 | - | Agriculture; and (C) by the United States Food and Drug | |
| 2470 | - | Administration. | |
| 2471 | - | (3) A product manufacturer shall label all edible cannabis products | |
| 2472 | - | that such product manufacturer manufactures in accordance with all | |
| 2473 | - | applicable requirements established: (A) In this chapter and the | |
| 2474 | - | regulations, policies and procedures adopted pursuant to this chapter; | |
| 2475 | - | (B) by the United States Department of Agriculture; and (C) by the | |
| 2476 | - | United States Food and Drug Administration. | |
| 2477 | - | (4) A product manufacturer that expands the product manufacturer's | |
| 2478 | - | authorized activities to include the authorized activities of a food and | |
| 2479 | - | beverage manufacturer under this subsection shall comply with all | |
| 2480 | - | provisions of this chapter, and all regulations, policies and procedures | |
| 2481 | - | prescribed pursuant to this chapter, concerning food and beverage | |
| 2482 | - | manufacturers. In the event of a conflict between any provision of this | |
| 2483 | - | chapter, or any regulation, policy or procedure prescribed pursuant to | |
| 2484 | - | this chapter, concerning product manufacturers and any such provision, | |
| 2485 | - | regulation, policy or procedure concerning food and beverage | |
| 2486 | - | manufacturers, the provision, regulation, policy or procedure imposing | |
| 2487 | - | the more stringent public health and safety standard shall prevail. | |
| 2488 | - | Sec. 36. Subsection (b) of section 21a-420y of the general statutes is | |
| 2489 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
| 2490 | - | 2023): | |
| 2491 | - | (b) A product packager may obtain cannabis from a producer, | |
| 2492 | - | cultivator, micro-cultivator, food and beverage manufacturer or a | |
| 2493 | - | product manufacturer, provided the product packager utilizes its own | |
| 2494 | - | employees or a transporter. The product packager may sell, transfer or Substitute House Bill No. 6699 | |
| 2495 | - | ||
| 2496 | - | Public Act No. 23-79 78 of 136 | |
| 2497 | - | ||
| 2498 | - | transport cannabis to and from any cannabis establishment, cannabis | |
| 2499 | - | testing laboratory or research program, provided the product packager | |
| 2500 | - | only transports cannabis packaged at its licensed establishment and | |
| 2501 | - | utilizing its own employees or a transporter. | |
| 2502 | - | Sec. 37. Section 21a-420z of the general statutes is repealed and the | |
| 2503 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
| 2504 | - | (a) On and after July 1, 2021, the department may issue or renew a | |
| 2505 | - | license for a person to be a delivery service or a transporter. No person | |
| 2506 | - | may act as a delivery service or transporter or represent that such person | |
| 2507 | - | is a licensed delivery service or transporter unless such person has | |
| 2508 | - | obtained a license from the department pursuant to this section. | |
| 2509 | - | (b) Upon application for a delivery service or transporter license, the | |
| 2510 | - | applicant shall indicate whether the applicant is applying to transport | |
| 2511 | - | cannabis (1) between cannabis establishments, in which case the | |
| 2512 | - | applicant shall apply for a transporter license, or (2) from certain | |
| 2513 | - | cannabis establishments to consumers or qualifying patients and | |
| 2514 | - | caregivers, or a combination thereof, in which case the applicant shall | |
| 2515 | - | apply for a delivery service license. | |
| 2516 | - | (c) A delivery service may (1) deliver cannabis from a micro- | |
| 2517 | - | cultivator, retailer, or hybrid retailer directly to a consumer, and (2) | |
| 2518 | - | deliver cannabis and medical marijuana products from a hybrid retailer | |
| 2519 | - | or dispensary facility directly to a qualifying patient, caregiver, or | |
| 2520 | - | hospice or other inpatient care facility licensed by the Department of | |
| 2521 | - | Public Health pursuant to chapter 368v that has protocols for the | |
| 2522 | - | handling and distribution of cannabis that have been approved by the | |
| 2523 | - | Department of Consumer Protection. A delivery service may not store | |
| 2524 | - | or maintain control of cannabis or medical marijuana products for more | |
| 2525 | - | than twenty-four hours between the point when a consumer, qualifying | |
| 2526 | - | patient, caregiver or facility places an order, until the time that the | |
| 2527 | - | cannabis or medical marijuana product is delivered to such consumer, Substitute House Bill No. 6699 | |
| 2528 | - | ||
| 2529 | - | Public Act No. 23-79 79 of 136 | |
| 2530 | - | ||
| 2531 | - | qualifying patient, caregiver or facility. | |
| 2532 | - | (d) A transporter may deliver cannabis between cannabis | |
| 2533 | - | establishments, research programs and cannabis testing laboratories | |
| 2534 | - | and shall not store or maintain control of cannabis for more than twenty- | |
| 2535 | - | four hours from the time the transporter obtains the cannabis from a | |
| 2536 | - | cannabis establishment, research program or cannabis testing | |
| 2537 | - | laboratory until the time such cannabis is delivered to the destination. | |
| 2538 | - | (e) The commissioner shall adopt regulations, in accordance with | |
| 2539 | - | chapter 54, to implement the provisions of RERACA. Notwithstanding | |
| 2540 | - | the requirements of sections 4-168 to 4-172, inclusive, in order to | |
| 2541 | - | effectuate the purposes of RERACA and protect public health and | |
| 2542 | - | safety, prior to adopting such regulations the commissioner shall issue | |
| 2543 | - | policies and procedures to implement the provisions of this section that | |
| 2544 | - | shall have the force and effect of law. The commissioner shall post all | |
| 2545 | - | policies and procedures on the department's Internet web site, and | |
| 2546 | - | submit such policies and procedures to the Secretary of the State for | |
| 2547 | - | posting on the eRegulations System, at least fifteen days prior to the | |
| 2548 | - | effective date of any policy or procedure. Any such policy or procedure | |
| 2549 | - | shall no longer be effective upon the earlier of either adoption of such | |
| 2550 | - | policy or procedure as a final regulation under section 4-172 or forty- | |
| 2551 | - | eight months from July 1, 2021, if such final regulations have not been | |
| 2552 | - | submitted to the legislative regulation review committee for | |
| 2553 | - | consideration under section 4-170. The commissioner shall issue policies | |
| 2554 | - | and procedures, and thereafter adopt final regulations, requiring that: | |
| 2555 | - | (1) The delivery service and transporter meet certain security | |
| 2556 | - | requirements related to the storage, handling and transport of cannabis, | |
| 2557 | - | the vehicles employed, the conduct of employees and agents, and the | |
| 2558 | - | documentation that shall be maintained by the delivery service, | |
| 2559 | - | transporter and its drivers; (2) a delivery service that delivers cannabis | |
| 2560 | - | to consumers maintain an online interface that verifies the age of | |
| 2561 | - | consumers ordering cannabis for delivery and meets certain Substitute House Bill No. 6699 | |
| 2562 | - | ||
| 2563 | - | Public Act No. 23-79 80 of 136 | |
| 2564 | - | ||
| 2565 | - | specifications and data security standards; and (3) a delivery service that | |
| 2566 | - | delivers cannabis to consumers, qualifying patients or caregivers, and | |
| 2567 | - | all employees and agents of such licensee, to verify the identity of the | |
| 2568 | - | qualifying patient, caregiver or consumer and the age of the consumer | |
| 2569 | - | upon delivery of cannabis to the end consumer, qualifying patient or | |
| 2570 | - | caregiver, in a manner acceptable to the commissioner. The individual | |
| 2571 | - | placing the cannabis order shall be the individual accepting delivery of | |
| 2572 | - | the cannabis except, in the case of a qualifying patient, the individual | |
| 2573 | - | accepting the delivery may be the caregiver of such qualifying patient. | |
| 2574 | - | (f) A delivery service shall not gift or transfer cannabis at no cost to a | |
| 2575 | - | consumer or qualifying patient or caregiver as part of a commercial | |
| 2576 | - | transaction. | |
| 2577 | - | (g) A delivery service that employs twelve or more individuals to | |
| 2578 | - | deliver cannabis pursuant to subsection (c) of this section may only use | |
| 2579 | - | individuals employed on a full-time basis, not less than thirty-five hours | |
| 2580 | - | a week, to deliver cannabis pursuant to subsection (c) of this section. | |
| 2581 | - | Any delivery service employees who deliver cannabis shall be | |
| 2582 | - | registered with the department, and a delivery service shall not employ | |
| 2583 | - | more than twenty-five such delivery employees at any given time. | |
| 2584 | - | (h) No provision of this section shall be construed to excuse any | |
| 2585 | - | delivery service from the requirement that such delivery service enter | |
| 2586 | - | into a labor peace agreement with a bona fide labor organization under | |
| 2587 | - | section 21a-421d, as amended by this act. | |
| 2588 | - | Sec. 38. Subsection (a) of section 21a-421a of the general statutes is | |
| 2589 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
| 2590 | - | 2023): | |
| 2591 | - | (a) Each employee of a cannabis establishment, cannabis testing | |
| 2592 | - | laboratory or research program, other than a key employee, shall | |
| 2593 | - | annually apply for and obtain a registration, on a form and in a manner Substitute House Bill No. 6699 | |
| 2594 | - | ||
| 2595 | - | Public Act No. 23-79 81 of 136 | |
| 2596 | - | ||
| 2597 | - | prescribed by the commissioner, prior to commencing employment at | |
| 2598 | - | the cannabis establishment business. | |
| 2599 | - | Sec. 39. Section 21a-421b of the general statutes is repealed and the | |
| 2600 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
| 2601 | - | (a) For the purposes of this section: | |
| 2602 | - | (1) "Applicant" means an entity applying for an initial or renewal | |
| 2603 | - | cannabis establishment or cannabis testing laboratory license; | |
| 2604 | - | (2) "Entity" means an association, company, corporation, | |
| 2605 | - | organization, partnership, sole proprietorship or trust; | |
| 2606 | - | (3) "Executive managerial control" means, with respect to an | |
| 2607 | - | individual, the authority or power to direct or influence the direction or | |
| 2608 | - | operation of an applicant through agreement, board membership, | |
| 2609 | - | contract or voting power; | |
| 2610 | - | (4) "Manager" means an individual who is not a key employee and | |
| 2611 | - | has (A) an ownership interest in an applicant, and (B) executive | |
| 2612 | - | managerial control of an applicant; | |
| 2613 | - | (5) "Owner" means an individual who has more than a five per cent | |
| 2614 | - | ownership interest in an applicant; and | |
| 2615 | - | (6) "Ownership interest" means the possession of equity in the assets, | |
| 2616 | - | capital, profits or stock of an applicant. | |
| 2617 | - | [(a) On and after July 1, 2021, the] (b) The commissioner shall require | |
| 2618 | - | [all individuals listed on an application for a cannabis establishment | |
| 2619 | - | license, laboratory or research program license, or key employee license | |
| 2620 | - | to submit to] that a fingerprint-based state and national criminal history | |
| 2621 | - | records [checks before such license is issued. The criminal history | |
| 2622 | - | records checks required pursuant to this subsection shall] check be | |
| 2623 | - | conducted in accordance with section 29-17a [. Upon renewal, the] for Substitute House Bill No. 6699 | |
| 2624 | - | ||
| 2625 | - | Public Act No. 23-79 82 of 136 | |
| 2626 | - | ||
| 2627 | - | each key employee, manager and owner of an applicant. The | |
| 2628 | - | commissioner may require [all individuals listed on an application for a | |
| 2629 | - | cannabis establishment license, laboratory or research program license, | |
| 2630 | - | or key employee license to be fingerprinted and] such key employees, | |
| 2631 | - | managers and owners to submit to a state and national criminal history | |
| 2632 | - | records check conducted in accordance with section 29-17a before [such | |
| 2633 | - | renewal] issuing a license [is issued] renewal. | |
| 2634 | - | (c) A key employee, manager or owner shall be denied a license in | |
| 2635 | - | the event that the key employee's background check reveals a | |
| 2636 | - | disqualifying conviction. | |
| 2637 | - | [(b)] (d) The department shall charge the applicant a fee equal to the | |
| 2638 | - | amount charged to the department to conduct a state and national | |
| 2639 | - | criminal history records check of the applicant. | |
| 2640 | - | Sec. 40. Section 21a-421d of the general statutes is repealed and the | |
| 2641 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
| 2642 | - | (a) As used in this section: | |
| 2643 | - | (1) "Bona fide labor organization" means (A) with respect to a labor | |
| 2644 | - | peace agreement entered into on or before September 30, 2023, a labor | |
| 2645 | - | union that [(A)] (i) represents employees in this state with regard to | |
| 2646 | - | wages, hours and working conditions, [(B)] (ii) whose officers have been | |
| 2647 | - | elected by a secret ballot or otherwise in a manner consistent with | |
| 2648 | - | federal law, [(C)] (iii) is free of domination or interference by any | |
| 2649 | - | employer and has received no improper assistance or support from any | |
| 2650 | - | employer, and [(D)] (iv) is actively seeking to represent cannabis | |
| 2651 | - | workers in the state, and (B) with respect to a labor peace agreement | |
| 2652 | - | entered into on or after October 1, 2023, a labor union that is included | |
| 2653 | - | on the list established and periodically updated by the department | |
| 2654 | - | pursuant to subsection (b) of this section; | |
| 2655 | - | (2) "Labor peace agreement" means an agreement between a cannabis Substitute House Bill No. 6699 | |
| 2656 | - | ||
| 2657 | - | Public Act No. 23-79 83 of 136 | |
| 2658 | - | ||
| 2659 | - | establishment and a bona fide labor organization under this section | |
| 2660 | - | pursuant to which the owners and management of the cannabis | |
| 2661 | - | establishment agree not to lock out employees and that prohibits the | |
| 2662 | - | bona fide labor organization from engaging in picketing, work | |
| 2663 | - | stoppages or boycotts against the cannabis establishment; | |
| 2664 | - | (3) "Cannabis establishment", "dispensary facility" and "producer" | |
| 2665 | - | have the same meanings as provided in section 21a-420, as amended by | |
| 2666 | - | this act; and | |
| 2667 | - | (4) "Licensee" means a cannabis establishment licensee, dispensary | |
| 2668 | - | facility or producer. | |
| 2669 | - | (b) (1) Not later than October 1, 2023, the department shall establish | |
| 2670 | - | and periodically update a list of labor unions that (A) are actively | |
| 2671 | - | seeking to represent cannabis workers in this state, and (B) satisfy the | |
| 2672 | - | criteria established in subdivision (2) of this subsection. | |
| 2673 | - | (2) Not later than September 1, 2023, the department shall accept | |
| 2674 | - | applications for inclusion on the list established pursuant to subdivision | |
| 2675 | - | (1) of this subsection. Any labor union that wishes to be included on | |
| 2676 | - | such list shall submit an application to the department, in a form and | |
| 2677 | - | manner prescribed by the department. As part of such application, such | |
| 2678 | - | labor union shall attest, under penalty of false statement, that such labor | |
| 2679 | - | union: | |
| 2680 | - | (A) Is actively seeking to represent cannabis workers in this state; | |
| 2681 | - | (B) Satisfies at least two of the following criteria: | |
| 2682 | - | (i) Such labor union represents employees in this state with regard to | |
| 2683 | - | wages, hours and working conditions; | |
| 2684 | - | (ii) Such labor union has been recognized or certified as the | |
| 2685 | - | bargaining representative for cannabis employees employed at cannabis Substitute House Bill No. 6699 | |
| 2686 | - | ||
| 2687 | - | Public Act No. 23-79 84 of 136 | |
| 2688 | - | ||
| 2689 | - | establishments in this state; | |
| 2690 | - | (iii) Such labor union has executed one or more collective bargaining | |
| 2691 | - | agreements with cannabis establishment employers in this state, which | |
| 2692 | - | agreement or agreements remain effective on the date of such labor | |
| 2693 | - | union's application under this subsection; or | |
| 2694 | - | (iv) Such labor union has spent resources as part of one or more | |
| 2695 | - | attempts to organize and represent cannabis workers employed at | |
| 2696 | - | cannabis establishments in the state, which attempt or attempts remain | |
| 2697 | - | active on the date of such labor union's application under this | |
| 2698 | - | subsection; | |
| 2699 | - | (C) Has filed the annual report required by 29 USC 431(b) for the | |
| 2700 | - | three years immediately preceding the date of such labor union's | |
| 2701 | - | application under this subsection; | |
| 2702 | - | (D) Has audited financial reports covering the three years | |
| 2703 | - | immediately preceding the date of such labor union's application under | |
| 2704 | - | this subsection; | |
| 2705 | - | (E) Was governed by a written constitution or bylaws for the three | |
| 2706 | - | years immediately preceding the date of such labor union's application | |
| 2707 | - | under this subsection; | |
| 2708 | - | (F) Is affiliated with regional or national associations of unions, | |
| 2709 | - | including, but not limited to, central labor councils; | |
| 2710 | - | (G) Is overseen by officers elected by secret ballot or otherwise in a | |
| 2711 | - | manner consistent with federal law; | |
| 2712 | - | (H) Is free from domination or interference by any employer; and | |
| 2713 | - | (I) Has not received any improper assistance or support from any | |
| 2714 | - | employer. Substitute House Bill No. 6699 | |
| 2715 | - | ||
| 2716 | - | Public Act No. 23-79 85 of 136 | |
| 2717 | - | ||
| 2718 | - | (3) In the event of any change in the information that a labor union | |
| 2719 | - | submits to the department under this subsection, the labor union shall | |
| 2720 | - | correct or update such information, in a form and manner prescribed by | |
| 2721 | - | the department, not later than thirty days after the date of such change. | |
| 2722 | - | (4) In the event that a labor union no longer satisfies the criteria | |
| 2723 | - | established in subdivision (2) of this subsection, the labor union shall | |
| 2724 | - | notify the department, in a form and manner prescribed by the | |
| 2725 | - | department and not later than thirty days after such labor union no | |
| 2726 | - | longer satisfies such criteria, that such labor union no longer satisfies | |
| 2727 | - | such criteria. The department shall remove such labor union from the | |
| 2728 | - | list prepared pursuant to subdivision (1) of this subsection. | |
| 2729 | - | [(b)] (c) Any provisional cannabis establishment licensee, dispensary | |
| 2730 | - | facility or producer shall, as a condition of its final license approval, | |
| 2731 | - | license conversion or approval for expanded authorization, | |
| 2732 | - | respectively, enter into a labor peace agreement with a bona fide labor | |
| 2733 | - | organization. Any such labor peace agreement shall contain a clause | |
| 2734 | - | that the parties agree that final and binding arbitration by a neutral | |
| 2735 | - | arbitrator will be the exclusive remedy for any violation of such | |
| 2736 | - | agreement. | |
| 2737 | - | [(c)] (d) Notwithstanding the provisions of chapter 54, if an arbitrator | |
| 2738 | - | finds that a licensee failed to comply with an order issued by the | |
| 2739 | - | arbitrator to correct a failure to abide by such agreement, upon receipt | |
| 2740 | - | of a written copy of such finding, the department shall suspend the | |
| 2741 | - | licensee's license without further administrative proceedings or formal | |
| 2742 | - | hearing. | |
| 2743 | - | [(d)] (e) A licensee or bona fide labor organization may commence a | |
| 2744 | - | civil action in the Superior Court in the judicial district where the facility | |
| 2745 | - | used in the operation of a cannabis establishment is located to enforce | |
| 2746 | - | the arbitration award or to lift the license suspension. The license shall | |
| 2747 | - | remain suspended until such time that: (1) [the] The arbitrator notifies, Substitute House Bill No. 6699 | |
| 2748 | - | ||
| 2749 | - | Public Act No. 23-79 86 of 136 | |
| 2750 | - | ||
| 2751 | - | or both of the parties to the arbitration notify, the department that the | |
| 2752 | - | licensee is in compliance with the arbitration award; (2) both of the | |
| 2753 | - | parties to the arbitration notify the department that they have | |
| 2754 | - | satisfactorily resolved their dispute; (3) the court, after hearing, lifts the | |
| 2755 | - | suspension; or (4) the court, after hearing, orders alternative remedies, | |
| 2756 | - | which may include, but need not be limited to, ordering the department | |
| 2757 | - | to revoke the license or ordering the appointment of a receiver to | |
| 2758 | - | properly dispose of any cannabis inventory. Except as provided in | |
| 2759 | - | subsection [(e)] (f) of this section, during such time that a license is | |
| 2760 | - | suspended pursuant to this section, the licensee may engage in conduct | |
| 2761 | - | necessary to maintain and secure the cannabis inventory, but may not | |
| 2762 | - | sell, transport or transfer cannabis to another cannabis establishment, | |
| 2763 | - | consumer or laboratory, unless such sale or transfer is associated with a | |
| 2764 | - | voluntary surrender of license and a cannabis disposition plan | |
| 2765 | - | approved by the commissioner. | |
| 2766 | - | [(e)] (f) A producer, cultivator or micro-cultivator may sell, transport | |
| 2767 | - | or transfer cannabis to a product packager, food or beverage | |
| 2768 | - | manufacturer, product manufacturer, dispensary facility or hybrid | |
| 2769 | - | retailer for the sale of products to qualified patients or caregivers, which | |
| 2770 | - | products shall be labeled "For Medical Use Only". | |
| 2771 | - | Sec. 41. Section 21a-421j of the general statutes is repealed and the | |
| 2772 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
| 2773 | - | (a) As used in this section, "total THC" has the same meaning as | |
| 2774 | - | provided in section 21a-240, as amended by this act. | |
| 2775 | - | (b) The commissioner shall adopt regulations in accordance with | |
| 2776 | - | chapter 54 to implement the provisions of RERACA. Notwithstanding | |
| 2777 | - | the requirements of sections 4-168 to 4-172, inclusive, in order to | |
| 2778 | - | effectuate the purposes of RERACA and protect public health and | |
| 2779 | - | safety, prior to adopting such regulations the commissioner shall issue | |
| 2780 | - | policies and procedures to implement the provisions of RERACA that Substitute House Bill No. 6699 | |
| 2781 | - | ||
| 2782 | - | Public Act No. 23-79 87 of 136 | |
| 2783 | - | ||
| 2784 | - | shall have the force and effect of law. The commissioner shall post all | |
| 2785 | - | policies and procedures on the department's Internet web site and | |
| 2786 | - | submit such policies and procedures to the Secretary of the State for | |
| 2787 | - | posting on the eRegulations System, at least fifteen days prior to the | |
| 2788 | - | effective date of any policy or procedure. The commissioner shall also | |
| 2789 | - | provide such policies and procedures, in a manner prescribed by the | |
| 2790 | - | commissioner, to each licensee. Any such policy or procedure shall no | |
| 2791 | - | longer be effective upon the earlier of either the adoption of the policy | |
| 2792 | - | or procedure as a final regulation under section 4-172 or forty-eight | |
| 2793 | - | months from June 22, 2021, if such regulations have not been submitted | |
| 2794 | - | to the legislative regulation review committee for consideration under | |
| 2795 | - | section 4-170. The commissioner shall issue policies and procedures and | |
| 2796 | - | thereafter final regulations that include, but are not limited to, the | |
| 2797 | - | following: | |
| 2798 | - | (1) Setting appropriate dosage, potency, concentration and serving | |
| 2799 | - | size limits and delineation requirements for cannabis, provided a | |
| 2800 | - | standardized serving of edible cannabis product or beverage, other than | |
| 2801 | - | a medical marijuana product, shall contain not more than five | |
| 2802 | - | milligrams of THC. [;] | |
| 2803 | - | (2) Requiring that each single standardized serving of cannabis | |
| 2804 | - | product in a multiple-serving edible product or beverage is physically | |
| 2805 | - | demarked in a way that enables a reasonable person to determine how | |
| 2806 | - | much of the product constitutes a single serving and a maximum | |
| 2807 | - | amount of THC per multiple-serving edible cannabis product or | |
| 2808 | - | beverage. [;] | |
| 2809 | - | (3) Requiring that, if it is impracticable to clearly demark every | |
| 2810 | - | standardized serving of cannabis product or to make each standardized | |
| 2811 | - | serving easily separable in an edible cannabis product or beverage, the | |
| 2812 | - | product, other than cannabis concentrate or medical marijuana product, | |
| 2813 | - | shall contain not more than five milligrams of THC per unit of sale. [;] Substitute House Bill No. 6699 | |
| 2814 | - | ||
| 2815 | - | Public Act No. 23-79 88 of 136 | |
| 2816 | - | ||
| 2817 | - | (4) Establishing, in consultation with the Department of Mental | |
| 2818 | - | Health and Addiction Services, consumer health materials that shall be | |
| 2819 | - | posted or distributed, as specified by the commissioner, by cannabis | |
| 2820 | - | establishments to maximize dissemination to cannabis consumers. | |
| 2821 | - | Consumer health materials may include pamphlets, packaging inserts, | |
| 2822 | - | signage, online and printed advertisements and advisories and printed | |
| 2823 | - | health materials. [;] | |
| 2824 | - | (5) Imposing labeling and packaging requirements for cannabis sold | |
| 2825 | - | by a cannabis establishment that include, but are not limited to, the | |
| 2826 | - | following: | |
| 2827 | - | (A) [A] Inclusion of universal [symbol] symbols to indicate that | |
| 2828 | - | cannabis, or a cannabis product, [contains cannabis] contains THC and | |
| 2829 | - | is not legal or safe for individuals younger than twenty-one years of age, | |
| 2830 | - | and prescribe how such product and product packaging shall utilize | |
| 2831 | - | and exhibit such [symbol;] symbols. | |
| 2832 | - | (B) A disclosure concerning the length of time it typically takes for | |
| 2833 | - | the cannabis to affect an individual, including that certain forms of | |
| 2834 | - | cannabis take longer to have an effect. [;] | |
| 2835 | - | (C) A notation of the amount of cannabis the cannabis product is | |
| 2836 | - | considered the equivalent to. [;] | |
| 2837 | - | (D) A list of ingredients and all additives for cannabis. [;] | |
| 2838 | - | (E) Child-resistant, tamper-resistant and light-resistant packaging, | |
| 2839 | - | including requiring that an edible product be individually wrapped. [;] | |
| 2840 | - | For the purposes of this subparagraph, packaging shall be deemed to be | |
| 2841 | - | (i) child-resistant if the packaging satisfies the standard for special | |
| 2842 | - | packaging established in 16 CFR 1700.1(b)(4), as amended from time to | |
| 2843 | - | time, (ii) tamper-resistant if the packaging has at least one barrier to, or | |
| 2844 | - | indicator of, entry that would preclude the contents of such packaging | |
| 2845 | - | from being accessed or adulterated without indicating to a reasonable Substitute House Bill No. 6699 | |
| 2846 | - | ||
| 2847 | - | Public Act No. 23-79 89 of 136 | |
| 2848 | - | ||
| 2849 | - | person that such packaging has been breached, and (iii) light-resistant if | |
| 2850 | - | the packaging is entirely and uniformly opaque and protects the entirety | |
| 2851 | - | of the contents of such packaging from the effects of light. | |
| 2852 | - | (F) Packaging for cannabis intended for multiple servings to be | |
| 2853 | - | resealable in such a manner so as to render such packaging continuously | |
| 2854 | - | child-resistant, as described in subparagraph (E)(i) of this subdivision, | |
| 2855 | - | and preserve the integrity of the contents of such packaging. | |
| 2856 | - | (G) Impervious packaging that protects the contents of such | |
| 2857 | - | packaging from contamination and exposure to any toxic or harmful | |
| 2858 | - | substance, including, but not limited to, any glue or other adhesive or | |
| 2859 | - | substance that is incorporated in such packaging. | |
| 2860 | - | [(F)] (H) Product tracking information sufficient to determine where | |
| 2861 | - | and when the cannabis was grown and manufactured such that a | |
| 2862 | - | product recall could be effectuated. [;] | |
| 2863 | - | [(G)] (I) A net weight statement. [;] | |
| 2864 | - | [(H)] (J) A recommended use by or expiration date. [; and] | |
| 2865 | - | [(I)] (K) Standard and uniform packaging and labeling, including, but | |
| 2866 | - | not limited to, requirements (i) regarding branding or logos, (ii) that all | |
| 2867 | - | packaging be opaque, and (iii) that amounts and concentrations of THC | |
| 2868 | - | and cannabidiol, per serving and per package, be clearly marked on the | |
| 2869 | - | packaging or label of any cannabis product sold. [;] | |
| 2870 | - | (L) For any cannabis concentrate cannabis product that contains a | |
| 2871 | - | total THC percentage greater than thirty per cent, a warning that such | |
| 2872 | - | cannabis product is a high-potency product and may increase the risk | |
| 2873 | - | of psychosis. | |
| 2874 | - | (M) Chemotypes, which shall be displayed as (i) "High THC, Low | |
| 2875 | - | CBD" where the ratio of THC to CBD is greater than five to one and the Substitute House Bill No. 6699 | |
| 2876 | - | ||
| 2877 | - | Public Act No. 23-79 90 of 136 | |
| 2878 | - | ||
| 2879 | - | total THC percentage is at least fifteen per cent, (ii) "Moderate THC, | |
| 2880 | - | Moderate CBD" where the ratio of THC to CBD is at least one to five but | |
| 2881 | - | not greater than five to one and the total THC percentage is greater than | |
| 2882 | - | five per cent but less than fifteen per cent, (iii) "Low THC, High CBD" | |
| 2883 | - | where the ratio of THC to CBD is less than one to five and the total THC | |
| 2884 | - | percentage is not greater than five per cent, or (iv) the chemotype | |
| 2885 | - | described in clause (i), (ii) or (iii) of this subparagraph that most closely | |
| 2886 | - | fits the cannabis or cannabis product, as determined by mathematical | |
| 2887 | - | analysis of the ratio of THC to CBD, where such cannabis or cannabis | |
| 2888 | - | product does not fit a chemotype described in clause (i), (ii) or (iii) of | |
| 2889 | - | this subparagraph. | |
| 2890 | - | (N) A requirement that, prior to being sold and transferred to a | |
| 2891 | - | consumer, qualifying patient or caregiver, cannabis packaging be | |
| 2892 | - | clearly labeled, whether printed directly on such packaging or affixed | |
| 2893 | - | by way of a separate label, other than an extended content label, with: | |
| 2894 | - | (i) A unique identifier generated by a cannabis analytic tracking | |
| 2895 | - | system maintained by the department and used to track cannabis under | |
| 2896 | - | the policies and procedures issued, and final regulations adopted, by | |
| 2897 | - | the commissioner pursuant to this section; and | |
| 2898 | - | (ii) The following information concerning the cannabis contained in | |
| 2899 | - | such packaging, which shall be in legible English, black lettering, Times | |
| 2900 | - | New Roman font, flat regular typeface, on a contrasting background | |
| 2901 | - | and in uniform size of not less than one-tenth of one inch, based on a | |
| 2902 | - | capital letter "K", which information shall also be available on the | |
| 2903 | - | Internet web site of the cannabis establishment that sells and transfers | |
| 2904 | - | such cannabis: | |
| 2905 | - | (I) The name of such cannabis, as registered with the department | |
| 2906 | - | under the policies and procedures issued, and final regulations adopted, | |
| 2907 | - | by the commissioner pursuant to this section. Substitute House Bill No. 6699 | |
| 2908 | - | ||
| 2909 | - | Public Act No. 23-79 91 of 136 | |
| 2910 | - | ||
| 2911 | - | (II) The expiration date, which shall not account for any refrigeration | |
| 2912 | - | after such cannabis is sold and transferred to the consumer, qualifying | |
| 2913 | - | patient or caregiver. | |
| 2914 | - | (III) The net weight or volume, expressed in metric and imperial | |
| 2915 | - | units. | |
| 2916 | - | (IV) The standardized serving size, expressed in customary units, and | |
| 2917 | - | the number of servings included in such packaging, if applicable. | |
| 2918 | - | (V) Directions for use and storage. | |
| 2919 | - | (VI) Each active ingredient comprising at least one per cent of such | |
| 2920 | - | cannabis, including cannabinoids, isomers, esters, ethers and salts and | |
| 2921 | - | salts of isomers, esters and ethers, and all quantities thereof expressed | |
| 2922 | - | in metric units and as a percentage of volume. | |
| 2923 | - | (VII) A list of all known allergens, as identified by the federal Food | |
| 2924 | - | and Drug Administration, contained in such cannabis, or the denotation | |
| 2925 | - | "no known FDA identified allergens" if such cannabis does not contain | |
| 2926 | - | any allergen identified by the federal Food and Drug Administration. | |
| 2927 | - | (VIII) The following warning statement within, and outlined by, a red | |
| 2928 | - | box: | |
| 2929 | - | "This product is not FDA-approved, may be intoxicating, cause long- | |
| 2930 | - | term physical and mental health problems, and have delayed side | |
| 2931 | - | effects. It is illegal to operate a vehicle or machinery under the influence | |
| 2932 | - | of cannabis. Keep away from children." | |
| 2933 | - | (IX) At least one of the following warning statements, rotated | |
| 2934 | - | quarterly on an alternating basis: | |
| 2935 | - | "Warning: Frequent and prolonged use of cannabis can contribute to | |
| 2936 | - | mental health problems over time, including anxiety, depression, | |
| 2937 | - | stunted brain development and impaired memory." Substitute House Bill No. 6699 | |
| 2938 | - | ||
| 2939 | - | Public Act No. 23-79 92 of 136 | |
| 2940 | - | ||
| 2941 | - | "Warning: Consumption while pregnant or breastfeeding may be | |
| 2942 | - | harmful." | |
| 2943 | - | "Warning: Cannabis has intoxicating effects and may be habit- | |
| 2944 | - | forming and addictive." | |
| 2945 | - | "Warning: Consuming more than the recommended amou nt may | |
| 2946 | - | result in adverse effects requiring medical attention.". | |
| 2947 | - | (X) All information necessary to comply with labeling requirements | |
| 2948 | - | imposed under the laws of this state or federal law, including, but not | |
| 2949 | - | limited to, sections 21a-91 to 21a-120, inclusive, and 21a-151 to 21a-159, | |
| 2950 | - | inclusive, the Federal Food, Drug and Cosmetic Act, 21 USC 301 et seq., | |
| 2951 | - | as amended from time to time, and the federal Fair Packaging and | |
| 2952 | - | Labeling Act, 15 USC 1451 et seq., as amended from time to time, for | |
| 2953 | - | similar products that do not contain cannabis. | |
| 2954 | - | (XI) Such additional warning labels for certain cannabis products as | |
| 2955 | - | the commissioner may require and post on the department's Internet | |
| 2956 | - | web site. | |
| 2957 | - | (6) Establishing laboratory testing standards. [;] | |
| 2958 | - | (7) Restricting forms of cannabis products and cannabis product | |
| 2959 | - | delivery systems to ensure consumer safety and deter public health | |
| 2960 | - | concerns. [;] | |
| 2961 | - | (8) Prohibiting certain manufacturing methods, or inclusion of | |
| 2962 | - | additives to cannabis products, including, but not limited to, (A) added | |
| 2963 | - | flavoring, terpenes or other additives unless approved by the | |
| 2964 | - | department, or (B) any form of nicotine or other additive containing | |
| 2965 | - | nicotine. [;] | |
| 2966 | - | (9) Prohibiting cannabis product types that appeal to children. [;] | |
| 2967 | - | (10) Establishing physical and cyber security requirements related to Substitute House Bill No. 6699 | |
| 2968 | - | ||
| 2969 | - | Public Act No. 23-79 93 of 136 | |
| 2970 | - | ||
| 2971 | - | build out, monitoring and protocols for cannabis establishments as a | |
| 2972 | - | requirement for licensure. [;] | |
| 2973 | - | (11) Placing temporary limits on the sale of cannabis in the adult-use | |
| 2974 | - | market, if deemed appropriate and necessary by the commissioner, in | |
| 2975 | - | response to a shortage of cannabis for qualifying patients. [;] | |
| 2976 | - | (12) Requiring retailers and hybrid retailers to make best efforts to | |
| 2977 | - | provide access to (A) low-dose THC products, including products that | |
| 2978 | - | have one milligram and two and a half milligrams of THC per dose, and | |
| 2979 | - | (B) high-dose CBD products. [;] | |
| 2980 | - | (13) Requiring producers, cultivators, micro-cultivators, product | |
| 2981 | - | manufacturers and food and beverage manufacturers to register brand | |
| 2982 | - | names for cannabis, in accordance with the policies and procedures and | |
| 2983 | - | subject to the fee set forth in, regulations adopted under chapter 420f. [;] | |
| 2984 | - | (14) Prohibiting a cannabis establishment from selling, other than the | |
| 2985 | - | sale of medical marijuana products between cannabis establishments | |
| 2986 | - | and the sale of cannabis to qualified patients and caregivers, (A) | |
| 2987 | - | cannabis flower or other cannabis plant material with a total THC | |
| 2988 | - | concentration greater than thirty per cent on a dry-weight basis, and (B) | |
| 2989 | - | any cannabis product other than cannabis flower and cannabis plant | |
| 2990 | - | material with a total THC concentration greater than sixty per cent on a | |
| 2991 | - | dry-weight basis, except that the provisions of subparagraph (B) of this | |
| 2992 | - | subdivision shall not apply to the sale of prefilled cartridges for use in | |
| 2993 | - | an electronic cannabis delivery system, as defined in section 19a-342a | |
| 2994 | - | and the department may adjust the percentages set forth in | |
| 2995 | - | subparagraph (A) or (B) of this subdivision in regulations adopted | |
| 2996 | - | pursuant to this section for purposes of public health or to address | |
| 2997 | - | market access or shortage. As used in this subdivision, ["total THC" has | |
| 2998 | - | the same meaning as provided in section 21a-240 and] "cannabis plant | |
| 2999 | - | material" means material from the cannabis plant, as defined in section | |
| 3000 | - | 21a-279a. [; and] Substitute House Bill No. 6699 | |
| 3001 | - | ||
| 3002 | - | Public Act No. 23-79 94 of 136 | |
| 3003 | - | ||
| 3004 | - | (15) Permitting the outdoor cultivation of cannabis. | |
| 3005 | - | (16) Prohibiting packaging that is (A) visually similar to any | |
| 3006 | - | commercially similar product that does not contain cannabis, or (B) used | |
| 3007 | - | for any good that is marketed to individuals reasonably expected to be | |
| 3008 | - | younger than twenty-one years of age. | |
| 3009 | - | (17) Allowing packaging to include a picture of the cannabis product | |
| 3010 | - | and contain a logo of one cannabis establishment, which logo may be | |
| 3011 | - | comprised of not more than three colors and provided neither black nor | |
| 3012 | - | white shall be considered one of such three colors. | |
| 3013 | - | (18) Requiring packaging to (A) be entirely and uniformly one color, | |
| 3014 | - | and (B) not incorporate any information, print, embossing, debossing, | |
| 3015 | - | graphic or hidden feature, other than any permitted or required label. | |
| 3016 | - | (19) Requiring that packaging and labeling for an edible cannabis | |
| 3017 | - | product, excluding the warning labels required under this subsection | |
| 3018 | - | and a picture of the cannabis product described in subdivision (17) of | |
| 3019 | - | this subsection but including, but not limited to, the logo of the cannabis | |
| 3020 | - | establishment, shall only be comprised of black and white or a | |
| 3021 | - | combination thereof. | |
| 3022 | - | (20) (A) Except as provided in subparagraph (B) of this subdivision, | |
| 3023 | - | requiring that delivery device cartridges be labeled, in a clearly legible | |
| 3024 | - | manner and in as large a font as the size of the device reasonably allows, | |
| 3025 | - | with only the following information (i) the name of the cannabis | |
| 3026 | - | establishment where the cannabis is grown or manufactured, (ii) the | |
| 3027 | - | cannabis brand, (iii) the total THC and total CBD content contained | |
| 3028 | - | within the delivery device cartridge, (iv) the expiration date, and (v) the | |
| 3029 | - | unique identifier generated by a cannabis analytic tracking system | |
| 3030 | - | maintained by the department and used to track cannabis under the | |
| 3031 | - | policies and procedures issued, and final regulations adopted, by the | |
| 3032 | - | commissioner pursuant to this section. Substitute House Bill No. 6699 | |
| 3033 | - | ||
| 3034 | - | Public Act No. 23-79 95 of 136 | |
| 3035 | - | ||
| 3036 | - | (B) A cannabis establishment may emboss, deboss or similarly print | |
| 3037 | - | the name of the cannabis establishment's business entity, and one logo | |
| 3038 | - | with not more than three colors, on a delivery device cartridge. | |
| 3039 | - | Sec. 42. Section 21a-421p of the general statutes is repealed and the | |
| 3040 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
| 3041 | - | (a) For sufficient cause found pursuant to subsection (b) of this | |
| 3042 | - | section, the commissioner may suspend or revoke a license or | |
| 3043 | - | registration, issue fines of not more than twenty-five thousand dollars | |
| 3044 | - | per violation, accept an offer in compromise or refuse to grant or renew | |
| 3045 | - | a license or registration issued pursuant to RERACA, or place such | |
| 3046 | - | licensee or registrant on probation, place conditions on such licensee or | |
| 3047 | - | registrant or take other actions [permitted] authorized by law. | |
| 3048 | - | Information from inspections and investigations conducted by the | |
| 3049 | - | department related to administrative complaints or cases shall not be | |
| 3050 | - | subject to disclosure under the Freedom of Information Act, as defined | |
| 3051 | - | in section 1-200, except after the department has entered into a | |
| 3052 | - | settlement agreement, or concluded its investigation or inspection as | |
| 3053 | - | evidenced by case closure, provided [that] nothing in this section shall | |
| 3054 | - | prevent the department from sharing information with other state and | |
| 3055 | - | federal agencies and law enforcement as it relates to investigating | |
| 3056 | - | violations of law. | |
| 3057 | - | (b) Any of the following shall constitute sufficient cause for such | |
| 3058 | - | action by the commissioner, including, but not limited to: | |
| 3059 | - | (1) Furnishing of false or fraudulent information in any application | |
| 3060 | - | or failure to comply with representations made in any application, | |
| 3061 | - | including, but not limited to, medical preservation plans and security | |
| 3062 | - | requirements; | |
| 3063 | - | (2) A civil judgment against or disqualifying conviction of a cannabis | |
| 3064 | - | establishment licensee, backer, key employee or license applicant; Substitute House Bill No. 6699 | |
| 3065 | - | ||
| 3066 | - | Public Act No. 23-79 96 of 136 | |
| 3067 | - | ||
| 3068 | - | (3) Failure to maintain effective controls against diversion, theft or | |
| 3069 | - | loss of cannabis, cannabis products or other controlled substances; | |
| 3070 | - | (4) Discipline by, or a pending disciplinary action or an unresolved | |
| 3071 | - | complaint against a cannabis establishment licensee, registrant or | |
| 3072 | - | applicant regarding any professional license or registration of any | |
| 3073 | - | federal, state or local government; | |
| 3074 | - | (5) Failure to keep accurate records and to account for the cultivation, | |
| 3075 | - | manufacture, packaging or sale of cannabis; | |
| 3076 | - | (6) Denial, suspension or revocation of a license or registration, or the | |
| 3077 | - | denial of a renewal of a license or registration, by any federal, state or | |
| 3078 | - | local government or a foreign jurisdiction; | |
| 3079 | - | (7) False, misleading or deceptive representations to the public or the | |
| 3080 | - | department; | |
| 3081 | - | (8) Return to regular stock of any cannabis where: | |
| 3082 | - | (A) The package or container containing the cannabis has been | |
| 3083 | - | opened, breached, tampered with or otherwise adulterated; or | |
| 3084 | - | (B) The cannabis has been previously sold to an end user or research | |
| 3085 | - | program subject; | |
| 3086 | - | (9) Involvement in a fraudulent or deceitful practice or transaction; | |
| 3087 | - | (10) Performance of incompetent or negligent work; | |
| 3088 | - | (11) Failure to maintain the entire cannabis establishment premises | |
| 3089 | - | or cannabis testing laboratory and contents in a secure, clean, orderly | |
| 3090 | - | and sanitary condition; | |
| 3091 | - | (12) [Permitting] Allowing another person to use the licensee's | |
| 3092 | - | license; Substitute House Bill No. 6699 | |
| 3093 | - | ||
| 3094 | - | Public Act No. 23-79 97 of 136 | |
| 3095 | - | ||
| 3096 | - | (13) Failure to properly register employees or license key employees, | |
| 3097 | - | or failure to notify the department of a change in key employees or | |
| 3098 | - | backers; | |
| 3099 | - | (14) An adverse administrative decision or delinquency assessment | |
| 3100 | - | against the cannabis establishment from the Department of Revenue | |
| 3101 | - | Services; | |
| 3102 | - | (15) Failure to cooperate or give information to the department, local | |
| 3103 | - | law enforcement authorities or any other enforcement agency upon any | |
| 3104 | - | matter arising out of conduct in connection with a research program or | |
| 3105 | - | at the premises of a cannabis establishment or a cannabis testing | |
| 3106 | - | laboratory; [or in connection with a research program;] | |
| 3107 | - | (16) Advertising in a manner prohibited by section 21a-421bb, as | |
| 3108 | - | amended by this act; or | |
| 3109 | - | (17) Failure to comply with any provision of RERACA, or any policies | |
| 3110 | - | and procedures issued by the commissioner to implement, or | |
| 3111 | - | regulations adopted pursuant to, RERACA. | |
| 3112 | - | (c) Upon refusal to issue or renew a license or registration, the | |
| 3113 | - | commissioner shall notify the applicant of the denial and of the | |
| 3114 | - | applicant's right to request a hearing within ten days from the date of | |
| 3115 | - | receipt of the notice of denial. If the applicant requests a hearing within | |
| 3116 | - | such ten-day period, the commissioner shall give notice of the grounds | |
| 3117 | - | for the commissioner's refusal and shall conduct a hearing concerning | |
| 3118 | - | such refusal in accordance with the provisions of chapter 54 concerning | |
| 3119 | - | contested cases. If the commissioner's denial of a license or registration | |
| 3120 | - | is sustained after such hearing, an applicant may not apply for a new | |
| 3121 | - | cannabis establishment, cannabis testing laboratory, backer or key | |
| 3122 | - | employee license, or employee registration or cannabis testing | |
| 3123 | - | laboratory employee registration, for a period of one year after the date | |
| 3124 | - | on which such denial was sustained. Substitute House Bill No. 6699 | |
| 3125 | - | ||
| 3126 | - | Public Act No. 23-79 98 of 136 | |
| 3127 | - | ||
| 3128 | - | (d) No person whose license or registration has been revoked may | |
| 3129 | - | apply for a cannabis establishment, backer or key employee license or | |
| 3130 | - | an employee registration for a period of one year after the date of such | |
| 3131 | - | revocation. | |
| 3132 | - | (e) The voluntary surrender of a license or registration, or failure to | |
| 3133 | - | renew a license or registration, shall not prevent the commissioner from | |
| 3134 | - | suspending or revoking such license or registration or imposing other | |
| 3135 | - | penalties permitted by RERACA. | |
| 3136 | - | Sec. 43. Subsections (a) to (d), inclusive, of section 21a-421bb of the | |
| 3137 | - | general statutes are repealed and the following is substituted in lieu | |
| 3138 | - | thereof (Effective July 1, 2023): | |
| 3139 | - | (a) No person, other than the holder of a cannabis establishment | |
| 3140 | - | license issued [by this state] pursuant to this chapter or a person who | |
| 3141 | - | provides professional services related to the purchase, sale or use of | |
| 3142 | - | cannabis, shall advertise any cannabis or services related to cannabis in | |
| 3143 | - | this state. | |
| 3144 | - | (b) Except as provided in subsection (d) of this section, cannabis | |
| 3145 | - | establishments shall not: | |
| 3146 | - | (1) Advertise, including, but not limited to, through a business name | |
| 3147 | - | or logo, cannabis, cannabis paraphernalia or goods or services related to | |
| 3148 | - | cannabis: | |
| 3149 | - | (A) In ways that target or are designed to appeal to individuals under | |
| 3150 | - | twenty-one years of age, including, but not limited to, spokespersons or | |
| 3151 | - | celebrities who appeal to individuals under the legal age to purchase | |
| 3152 | - | cannabis or cannabis products, depictions of a person under twenty-five | |
| 3153 | - | years of age consuming cannabis, or, the inclusion of objects, such as | |
| 3154 | - | toys, characters or cartoon characters, suggesting the presence of a | |
| 3155 | - | person under twenty-one years of age, or any other depiction designed | |
| 3156 | - | in any manner to be appealing to a person under twenty-one years of Substitute House Bill No. 6699 | |
| 3157 | - | ||
| 3158 | - | Public Act No. 23-79 99 of 136 | |
| 3159 | - | ||
| 3160 | - | age; or | |
| 3161 | - | (B) By using any image, or any other visual representation, of the | |
| 3162 | - | cannabis plant or any part of the cannabis plant, including, but not | |
| 3163 | - | limited to, the leaf of the cannabis plant; | |
| 3164 | - | (2) Engage in any advertising by means of any form of billboard | |
| 3165 | - | within one thousand five hundred feet of an elementary or secondary | |
| 3166 | - | school ground or a house of worship, recreation center or facility, child | |
| 3167 | - | care center, playground, public park or library, or engage in any | |
| 3168 | - | advertising by means of [an electronic or illuminated] a billboard | |
| 3169 | - | between the hours of six o'clock a.m. and eleven o'clock p.m.; | |
| 3170 | - | (3) Engage in advertising by means of any television, radio, Internet, | |
| 3171 | - | mobile application, social media or other electronic communication, | |
| 3172 | - | billboard or other outdoor signage, or print publication unless the | |
| 3173 | - | cannabis establishment has reliable evidence that at least ninety per cent | |
| 3174 | - | of the audience for the advertisement is reasonably expected to be | |
| 3175 | - | twenty-one years of age or older; | |
| 3176 | - | (4) Engage in advertising or marketing directed toward location- | |
| 3177 | - | based devices, including, but not limited to, cellular phones, unless the | |
| 3178 | - | marketing is a mobile device application installed on the device by the | |
| 3179 | - | owner of the device who is twenty-one years of age or older and | |
| 3180 | - | includes a permanent and easy opt-out feature and warnings that the | |
| 3181 | - | use of cannabis is restricted to persons twenty-one years of age or older; | |
| 3182 | - | (5) Advertise cannabis or cannabis products in a manner claiming or | |
| 3183 | - | implying, or permit any employee of the cannabis establishment to | |
| 3184 | - | claim or imply, that such products have curative or therapeutic effects, | |
| 3185 | - | or that any other medical claim is true, or allow any employee to | |
| 3186 | - | promote cannabis for a wellness purpose unless such claims are | |
| 3187 | - | substantiated as set forth in regulations adopted under chapter 420f or | |
| 3188 | - | verbally conveyed by a licensed pharmacist or other licensed medical Substitute House Bill No. 6699 | |
| 3189 | - | ||
| 3190 | - | Public Act No. 23-79 100 of 136 | |
| 3191 | - | ||
| 3192 | - | practitioner in the course of business in, or while representing, a hybrid | |
| 3193 | - | retail or dispensary facility; | |
| 3194 | - | (6) Sponsor charitable, sports, musical, artistic, cultural, social or | |
| 3195 | - | other similar events or advertising at, or in connection with, such an | |
| 3196 | - | event unless the cannabis establishment has reliable evidence that (A) | |
| 3197 | - | not more than ten per cent of the in-person audience at the event is | |
| 3198 | - | reasonably expected to be under the legal age to purchase cannabis or | |
| 3199 | - | cannabis products, and (B) not more than ten per cent of the audience | |
| 3200 | - | that will watch, listen or participate in the event is expected to be under | |
| 3201 | - | the legal age to purchase cannabis products; | |
| 3202 | - | (7) Advertise cannabis, cannabis products or cannabis paraphernalia | |
| 3203 | - | in any physical form visible to the public within five hundred feet of an | |
| 3204 | - | elementary or secondary school ground or a recreation center or facility, | |
| 3205 | - | child care center, playground, public park or library; | |
| 3206 | - | (8) Cultivate cannabis or manufacture cannabis products for | |
| 3207 | - | distribution outside of this state in violation of federal law, advertise in | |
| 3208 | - | any way that encourages the transportation of cannabis across state lines | |
| 3209 | - | or otherwise encourages illegal activity; | |
| 3210 | - | (9) Except for dispensary facilities and hybrid retailers, exhibit within | |
| 3211 | - | or upon the outside of the facility used in the operation of a cannabis | |
| 3212 | - | establishment, or include in any advertisement, the word "dispensary" | |
| 3213 | - | or any variation of such term or any other words, displays or symbols | |
| 3214 | - | indicating that such store, shop or place of business is a dispensary; | |
| 3215 | - | (10) Exhibit within or upon the outside of the premises subject to the | |
| 3216 | - | cannabis establishment license, or include in any advertisement the | |
| 3217 | - | words "drug store", "pharmacy", "apothecary", "drug", "drugs" or | |
| 3218 | - | "medicine shop" or any combination of such terms or any other words, | |
| 3219 | - | displays or symbols indicating that such store, shop or place of business | |
| 3220 | - | is a pharmacy; Substitute House Bill No. 6699 | |
| 3221 | - | ||
| 3222 | - | Public Act No. 23-79 101 of 136 | |
| 3223 | - | ||
| 3224 | - | (11) Advertise on or in public or private vehicles or at bus stops, taxi | |
| 3225 | - | stands, transportation waiting areas, train stations, airports or other | |
| 3226 | - | similar transportation venues including, but not limited to, vinyl- | |
| 3227 | - | wrapped vehicles or signs or logos on transportation vehicles not | |
| 3228 | - | owned by a cannabis establishment; | |
| 3229 | - | (12) Display cannabis, cannabis products or any image, or any other | |
| 3230 | - | visual representation, of the cannabis plant or any part of the cannabis | |
| 3231 | - | plant, including, but not limited to, the leaf of the cannabis plant, so as | |
| 3232 | - | to be clearly visible to a person from the exterior of the facility used in | |
| 3233 | - | the operation of a cannabis establishment, or display signs or other | |
| 3234 | - | printed material advertising any brand or any kind of cannabis or | |
| 3235 | - | cannabis product, or including any image, or any other visual | |
| 3236 | - | representation, of the cannabis plant or any part of the cannabis plant, | |
| 3237 | - | including, but not limited to, the leaf of the cannabis plant, on the | |
| 3238 | - | exterior of any facility used in the operation of a cannabis establishment; | |
| 3239 | - | (13) Utilize radio or loudspeaker, in a vehicle or in or outside of a | |
| 3240 | - | facility used in the operation of a cannabis establishment, for the | |
| 3241 | - | purposes of advertising the sale of cannabis or cannabis products; or | |
| 3242 | - | (14) Operate any web site advertising or depicting cannabis, cannabis | |
| 3243 | - | products or cannabis paraphernalia unless such web site verifies that | |
| 3244 | - | the entrants or users are twenty-one years of age or older. | |
| 3245 | - | (c) Except as provided in subsection (d) of this section, any | |
| 3246 | - | advertisements from a cannabis establishment shall contain the | |
| 3247 | - | following warning: "Do not use cannabis if you are under twenty-one | |
| 3248 | - | years of age. Keep cannabis out of the reach of children." In a print or | |
| 3249 | - | visual medium, such warning shall be conspicuous, easily legible and | |
| 3250 | - | shall take up not less than ten per cent of the advertisement space. In an | |
| 3251 | - | audio medium, such warning shall be at the same speed as the rest of | |
| 3252 | - | the advertisement and be easily intelligible. Substitute House Bill No. 6699 | |
| 3253 | - | ||
| 3254 | - | Public Act No. 23-79 102 of 136 | |
| 3255 | - | ||
| 3256 | - | (d) Any outdoor signage, including, but not limited to, any | |
| 3257 | - | monument sign, pylon sign or wayfinding sign, shall be deemed to | |
| 3258 | - | satisfy the audience requirement established in subdivision (3) of | |
| 3259 | - | subsection (b) of this section, be exempt from the distance requirement | |
| 3260 | - | established in subdivision (7) of subsection (b) of this section and [shall] | |
| 3261 | - | not be required to contain the warning required under subsection (c) of | |
| 3262 | - | this section, if such outdoor signage: | |
| 3263 | - | (1) Contains only the name and logo of the cannabis establishment; | |
| 3264 | - | (2) Does not include any image, or any other visual representation, of | |
| 3265 | - | the cannabis plant or any part of the cannabis plant, including, but not | |
| 3266 | - | limited to, the leaf of the cannabis plant; | |
| 3267 | - | (3) Is comprised of not more than three colors; and | |
| 3268 | - | (4) Is located: | |
| 3269 | - | (A) On the cannabis establishment's premises, regardless of whether | |
| 3270 | - | such cannabis establishment leases or owns such premises; or | |
| 3271 | - | (B) On any commercial property occupied by multiple tenants | |
| 3272 | - | including such cannabis establishment. | |
| 3273 | - | Sec. 44. Section 22-61l of the general statutes is repealed and the | |
| 3274 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
| 3275 | - | (a) For the purpose of this section and section 22-61m, as amended by | |
| 3276 | - | this act, the following terms have the same meaning as provided in 7 | |
| 3277 | - | CFR 990.1, as amended from time to time: "Acceptable hemp THC level", | |
| 3278 | - | "Agricultural marketing service", "Audit", "Cannabis", "Conviction", | |
| 3279 | - | "Corrective action plan", "Culpable mental state greater than | |
| 3280 | - | negligence", "Decarboxylated", "Decarboxylation", "Disposal", "Dry | |
| 3281 | - | weight basis", "Gas chromatography", "Geospatial location", "Handle", | |
| 3282 | - | "Liquid chromatography", "Immature plants", "Information sharing Substitute House Bill No. 6699 | |
| 3283 | - | ||
| 3284 | - | Public Act No. 23-79 103 of 136 | |
| 3285 | - | ||
| 3286 | - | system", "Measurement of uncertainty", "Negligence", | |
| 3287 | - | "Phytocannabinoid", "Postdecarboxylation", "Remediation", "Reverse | |
| 3288 | - | distributor" and "Total THC". In addition, for the purpose of this section | |
| 3289 | - | and section 22-61m, as amended by this act: | |
| 3290 | - | (1) "Cannabidiol" or "CBD" means the nonpsychotropic compound by | |
| 3291 | - | the same name; | |
| 3292 | - | (2) "Certificate of analysis" means a certificate from a laboratory | |
| 3293 | - | describing the results of the laboratory's testing of a sample; | |
| 3294 | - | (3) "Commissioner" means the Commissioner of Agriculture, or the | |
| 3295 | - | commissioner's designated agent; | |
| 3296 | - | (4) "Cultivate" means to plant, grow, harvest, handle and store a plant | |
| 3297 | - | or crop; | |
| 3298 | - | (5) "Federal act" means the United States Agricultural Marketing Act | |
| 3299 | - | of 1946, 7 USC 1639o et seq., as amended from time to time; | |
| 3300 | - | (6) "Department" means the Department of Agriculture; | |
| 3301 | - | (7) "Hemp" has the same meaning as provided in the federal act; | |
| 3302 | - | (8) "Hemp products" means all manufacturer hemp products and | |
| 3303 | - | producer hemp products; | |
| 3304 | - | (9) "Independent testing laboratory" means a facility: | |
| 3305 | - | (A) For which no person who has any direct or indirect financial or | |
| 3306 | - | managerial interest in the laboratory and also has any direct or indirect | |
| 3307 | - | interest in a facility that: | |
| 3308 | - | (i) Produces, distributes, manufactures or sells hemp or hemp | |
| 3309 | - | products, or marijuana in any state or territory of the United States; or | |
| 3310 | - | (ii) Cultivates, processes, distributes, dispenses or sells marijuana; Substitute House Bill No. 6699 | |
| 3311 | - | ||
| 3312 | - | Public Act No. 23-79 104 of 136 | |
| 3313 | - | ||
| 3314 | - | and | |
| 3315 | - | (B) That is accredited as a laboratory in compliance with section 21a- | |
| 3316 | - | 408-59 of the regulations of Connecticut state agencies; | |
| 3317 | - | (10) "Laboratory" means a laboratory that meets the requirements of | |
| 3318 | - | 7 CFR 990.3 and that is accredited as a testing laboratory to International | |
| 3319 | - | Organization for Standardization (ISO) 17025 by a third-party | |
| 3320 | - | accrediting body such as the American Association for Laboratory | |
| 3321 | - | Accreditation or the Assured Calibration and Laboratory Accreditation | |
| 3322 | - | Select Services; | |
| 3323 | - | (11) "Law enforcement agency" means the Connecticut State Police, | |
| 3324 | - | the United States Drug Enforcement Administration, the Department of | |
| 3325 | - | Agriculture, the Department of Consumer Protection Drug Control | |
| 3326 | - | Division or any other federal, state or local law enforcement agency or | |
| 3327 | - | drug suppression unit; | |
| 3328 | - | (12) "Licensee" means an individual or entity that possesses a license | |
| 3329 | - | to produce or manufacture hemp or hemp products in this state; | |
| 3330 | - | (13) "Manufacture" means the conversion of the hemp plant into a by- | |
| 3331 | - | product by means of adding heat, solvents or any method of extraction | |
| 3332 | - | that modifies the original composition of the plant for the purpose of | |
| 3333 | - | creating a manufacturer hemp product for commercial or research | |
| 3334 | - | purposes; | |
| 3335 | - | (14) "Manufacturer" means a person in the state licensed by the | |
| 3336 | - | Commissioner of Consumer Protection to manufacture, handle, store | |
| 3337 | - | and market manufacturer hemp products pursuant to the provisions of | |
| 3338 | - | section 22-61m, as amended by this act, and any regulation adopted | |
| 3339 | - | pursuant to section 22-61m, as amended by this act; | |
| 3340 | - | (15) "Marijuana" has the same meaning as provided in section 21a- | |
| 3341 | - | 240, as amended by this act; Substitute House Bill No. 6699 | |
| 3342 | - | ||
| 3343 | - | Public Act No. 23-79 105 of 136 | |
| 3344 | - | ||
| 3345 | - | (16) "Market" or "marketing" means promoting, distributing or | |
| 3346 | - | selling a hemp product within the state, in another state or outside of | |
| 3347 | - | the United States and includes efforts to advertise and gather | |
| 3348 | - | information about the needs or preferences of potential consumers or | |
| 3349 | - | suppliers; | |
| 3350 | - | (17) "On-site manager" means the individual designated by the | |
| 3351 | - | producer license applicant or producer responsible for on-site | |
| 3352 | - | management and operations of a licensed producer; | |
| 3353 | - | (18) "Pesticide" has the same meaning as "pesticide chemical" as | |
| 3354 | - | provided in section 21a-92; | |
| 3355 | - | (19) "Lot" means a contiguous area in a field, greenhouse or indoor | |
| 3356 | - | growing structure containing the same variety or strain of hemp | |
| 3357 | - | throughout the area; | |
| 3358 | - | (20) "Post-harvest sample" means a representative sample of the form | |
| 3359 | - | of hemp taken from the harvested hemp from a particular lot's harvest | |
| 3360 | - | that is collected in accordance with the procedures established by the | |
| 3361 | - | commissioner; | |
| 3362 | - | (21) "Pre-harvest sample" means a composite, representative portion | |
| 3363 | - | from plants in a hemp lot, that is collected in accordance with the | |
| 3364 | - | procedures established by the commissioner; | |
| 3365 | - | (22) "Produce" means to cultivate hemp or create any producer hemp | |
| 3366 | - | product; | |
| 3367 | - | (23) "State plan" means a state plan, as described in the federal act and | |
| 3368 | - | as authorized pursuant to this section; | |
| 3369 | - | (24) "THC" means delta-9-tetrahydrocannabinol; | |
| 3370 | - | (25) "Controlled Substances Act" or "CSA" means the Controlled | |
| 3371 | - | Substances Act as codified in 21 USC 801 et seq.; Substitute House Bill No. 6699 | |
| 3372 | - | ||
| 3373 | - | Public Act No. 23-79 106 of 136 | |
| 3374 | - | ||
| 3375 | - | (26) "Criminal history report" means the fingerprint-based state and | |
| 3376 | - | national criminal history record information obtained in accordance | |
| 3377 | - | with section 29-17a; | |
| 3378 | - | (27) "Drug Enforcement Administration" or "DEA" means the United | |
| 3379 | - | States Drug Enforcement Administration; | |
| 3380 | - | (28) "Farm service agency" or "FSA" means an agency of the United | |
| 3381 | - | States Department of Agriculture; | |
| 3382 | - | (29) "Key participant" means a sole proprietor, a partner in | |
| 3383 | - | partnership or a person with executive managerial control in an entity, | |
| 3384 | - | including persons such as a chief executive officer, chief operating | |
| 3385 | - | officer and chief financial officer; | |
| 3386 | - | (30) "Manufacturer hemp product" means a commodity | |
| 3387 | - | manufactured from the hemp plant, for commercial or research | |
| 3388 | - | purposes, that is intended for human ingestion, inhalation, absorption | |
| 3389 | - | or other internal consumption, that contains a THC concentration of not | |
| 3390 | - | more than 0.3 per cent on a dry weight basis or per volume or weight of | |
| 3391 | - | such manufacturer hemp product; | |
| 3392 | - | (31) "Producer" means an individual or entity licensed by the | |
| 3393 | - | commissioner to produce and market producer hemp products | |
| 3394 | - | pursuant to the federal act, the state plan, the provisions of this section | |
| 3395 | - | and the regulations adopted pursuant to this section; | |
| 3396 | - | (32) "Producer hemp product" means any of the following produced | |
| 3397 | - | in this state: Raw hemp product, fiber-based hemp product or animal | |
| 3398 | - | hemp food product, and each of which contains a THC concentration of | |
| 3399 | - | not more than 0.3 per cent on a dry weight basis or per volume or weight | |
| 3400 | - | of such producer hemp product; | |
| 3401 | - | (33) "USDA" means the United States Department of Agriculture; Substitute House Bill No. 6699 | |
| 3402 | - | ||
| 3403 | - | Public Act No. 23-79 107 of 136 | |
| 3404 | - | ||
| 3405 | - | (34) "Entity" means a corporation, joint stock company, association, | |
| 3406 | - | limited partnership, limited liability partnership, limited liability | |
| 3407 | - | company, irrevocable trust, estate, charitable organization or other | |
| 3408 | - | similar organization, including any such organization participating in | |
| 3409 | - | the hemp production as a partner in a general partnership, a participant | |
| 3410 | - | in a joint venture or a participant in a similar organization; and | |
| 3411 | - | (35) "Homogenize" means to blend hemp into a mixture that has a | |
| 3412 | - | uniform quality and content throughout such mixture. | |
| 3413 | - | (b) The Commissioner of Agriculture shall establish and operate an | |
| 3414 | - | agricultural pilot program, as defined in 7 USC 5940, as amended from | |
| 3415 | - | time to time, for hemp research to enable the department, and its | |
| 3416 | - | licensees, to study methods of producing and marketing hemp. All | |
| 3417 | - | producer licensees licensed pursuant to this section shall be participants | |
| 3418 | - | in the state agricultural pilot program for hemp research. Until such | |
| 3419 | - | time as said commissioner adopts regulations, in accordance with the | |
| 3420 | - | provisions of chapter 54, the Department of Agriculture shall utilize | |
| 3421 | - | procedures and guidance policies that the commissioner deems to be | |
| 3422 | - | consistent with the provisions of 7 USC 5940, as amended from time to | |
| 3423 | - | time, provided such procedures and guidance policies shall, at a | |
| 3424 | - | minimum, require: (1) The commissioner to certify and register any site | |
| 3425 | - | used to grow hemp, (2) any person who produces hemp to produce | |
| 3426 | - | plants that meet the definition of hemp and verify such, (3) the | |
| 3427 | - | maintenance of records by any person who grows hemp and the | |
| 3428 | - | availability of inspection of such records by the commissioner, and (4) | |
| 3429 | - | verification of compliance with the definition of hemp by a laboratory, | |
| 3430 | - | at the expense of any licensee. The provisions of this section shall take | |
| 3431 | - | precedence over any such procedure or guidance policy. Participants in | |
| 3432 | - | the state agricultural pilot program for hemp research shall be licensed | |
| 3433 | - | in accordance with the provisions of this section. Such pilot program | |
| 3434 | - | shall operate until the earlier of the date of a fully approved state plan | |
| 3435 | - | under the federal act, as described in this section, or the date of repeal Substitute House Bill No. 6699 | |
| 3436 | - | ||
| 3437 | - | Public Act No. 23-79 108 of 136 | |
| 3438 | - | ||
| 3439 | - | of the federal law permitting the state's agricultural pilot program for | |
| 3440 | - | hemp research. | |
| 3441 | - | (c) (1) The commissioner shall prepare a state plan in accordance with | |
| 3442 | - | the federal act and 7 CFR 990.3, for approval by the Governor, in | |
| 3443 | - | consultation with the office of the Chief State's Attorney and the | |
| 3444 | - | Attorney General. The state plan, once approved by the Governor and | |
| 3445 | - | the Attorney General, shall be submitted by the commissioner to the | |
| 3446 | - | United States Secretary of Agriculture for [his or her] such secretary's | |
| 3447 | - | approval. The commissioner shall have the authority to amend the state | |
| 3448 | - | plan, in consultation with the Governor, the Attorney General and the | |
| 3449 | - | office of the Chief State's Attorney, as necessary to comply with the | |
| 3450 | - | federal act. | |
| 3451 | - | (2) The commissioner shall operate the state plan, which shall | |
| 3452 | - | include, at a minimum, the following requirements: | |
| 3453 | - | (A) The sampling of hemp shall comply, at a minimum, with 7 CFR | |
| 3454 | - | 990.3 and be performed by an authorized sampling agent; | |
| 3455 | - | (B) The testing of hemp shall comply, at a minimum, with 7 CFR | |
| 3456 | - | 990.3; | |
| 3457 | - | (C) The control, remediation and disposal of noncompliant cannabis | |
| 3458 | - | plants shall comply with 7 CFR 990.27 and 7 CFR 990.3; | |
| 3459 | - | (D) The department shall comply with all recordkeeping and | |
| 3460 | - | reporting requirements in the federal act, and 7 CFR 990.1 to 7 CFR | |
| 3461 | - | 990.71, inclusive; | |
| 3462 | - | (E) The department shall comply with enforcement procedures in 7 | |
| 3463 | - | CFR 990.6; | |
| 3464 | - | (F) The department shall conduct annual inspections of, at a | |
| 3465 | - | minimum, a random sample of producers to verify that hemp is not Substitute House Bill No. 6699 | |
| 3466 | - | ||
| 3467 | - | Public Act No. 23-79 109 of 136 | |
| 3468 | - | ||
| 3469 | - | produced in violation of the federal act, the state plan and the provisions | |
| 3470 | - | of this section, and shall enforce any violation as provided for in the | |
| 3471 | - | federal act and as defined in 7 CFR 990.6; | |
| 3472 | - | (G) Producers shall report their required license, lot and hemp crop | |
| 3473 | - | acreage information to FSA, in accordance with the requirements in 7 | |
| 3474 | - | CFR 990.7; and | |
| 3475 | - | (H) Producers shall report to the commissioner the total acreage of | |
| 3476 | - | hemp planted, harvested and, if applicable, disposed of or remediated, | |
| 3477 | - | and such other information as the commissioner may require. | |
| 3478 | - | (3) All sampling and testing of hemp shall be done using protocols | |
| 3479 | - | that are at least as statistically valid as the USDA's published protocols | |
| 3480 | - | for sampling and testing of hemp, which protocols shall be posted on | |
| 3481 | - | the department's Internet web site. During a scheduled sample | |
| 3482 | - | collection, the producer, or an authorized representative of the | |
| 3483 | - | producer, shall be present at the lot. A producer shall not harvest the | |
| 3484 | - | cannabis crop prior to the taking of samples. Samples of hemp plant | |
| 3485 | - | material from one lot shall not be commingled with hemp plant material | |
| 3486 | - | from other lots. Lots tested and not certified by a laboratory at or below | |
| 3487 | - | the acceptable hemp THC level shall be handled, remediated and | |
| 3488 | - | disposed of in accordance with the federal act, the provisions of this | |
| 3489 | - | section and the state plan, as applicable. | |
| 3490 | - | (4) The commissioner shall collect, maintain and provide to the | |
| 3491 | - | USDA, on a timely basis, and not less than once per month, license status | |
| 3492 | - | of each hemp producer, contact information for each hemp producer | |
| 3493 | - | licensed in the state, including lot legal descriptions and locations, and | |
| 3494 | - | any changes to such information. The commissioner shall also report to | |
| 3495 | - | the USDA, on a timely basis, and not less than once per month, all | |
| 3496 | - | required hemp test results and disposal information for all | |
| 3497 | - | nonconforming hemp plants and plant material. Such information shall | |
| 3498 | - | not include state and federal fingerprint-based records pursuant to Substitute House Bill No. 6699 | |
| 3499 | - | ||
| 3500 | - | Public Act No. 23-79 110 of 136 | |
| 3501 | - | ||
| 3502 | - | section 29-17a. | |
| 3503 | - | (d) The commissioner shall have the authority to enforce the federal | |
| 3504 | - | act, as amended from time to time, the state plan, this section and any | |
| 3505 | - | regulations adopted in accordance with the federal act and chapter 54 | |
| 3506 | - | for hemp production in the state. The commissioner shall have the | |
| 3507 | - | authority to enforce the applicable standards for producer hemp | |
| 3508 | - | products. The commissioner may consult, collaborate and enter into | |
| 3509 | - | cooperative agreements with any federal or state agency, municipality | |
| 3510 | - | or political subdivision of the state concerning application of the | |
| 3511 | - | provisions of the federal act and the regulations adopted pursuant to the | |
| 3512 | - | federal act, as may be necessary to carry out the provisions of this | |
| 3513 | - | section. | |
| 3514 | - | (e) Any person who produces hemp shall: (1) Be licensed by the | |
| 3515 | - | commissioner; (2) comply with the federal act, the state plan, the | |
| 3516 | - | provisions of this section and any regulation adopted pursuant to this | |
| 3517 | - | section; and (3) transport hemp and hemp samples in a manner and with | |
| 3518 | - | such documentation as required by the commissioner. | |
| 3519 | - | (f) Any person who sells hemp products shall not be required to be | |
| 3520 | - | licensed provided such person only engages in: (1) The retail or | |
| 3521 | - | wholesale sale of hemp or hemp products in which no further | |
| 3522 | - | producing or manufacturing of the hemp products occurs and the hemp | |
| 3523 | - | products are acquired from a person authorized under the laws of this | |
| 3524 | - | state or another state, territory or possession of the United States or | |
| 3525 | - | another sovereign entity to possess and sell such hemp products; (2) the | |
| 3526 | - | acquisition of hemp or hemp products for the sole purpose of product | |
| 3527 | - | distribution for resale; or (3) the retail sale of hemp products that are | |
| 3528 | - | otherwise authorized under federal or state law. | |
| 3529 | - | (g) Any applicant for a license pursuant to this section shall meet each | |
| 3530 | - | of the following requirements, as applicable: Substitute House Bill No. 6699 | |
| 3531 | - | ||
| 3532 | - | Public Act No. 23-79 111 of 136 | |
| 3533 | - | ||
| 3534 | - | (1) Each applicant, whether an individual or an entity, shall submit | |
| 3535 | - | an application for a license that consists, at a minimum, of the following: | |
| 3536 | - | (A) The name, telephone number, electronic mail address, business | |
| 3537 | - | address and address of any individual who is the applicant, the full | |
| 3538 | - | name of any entity that is the applicant, including any applicable | |
| 3539 | - | principal business location and the full name, title and electronic mail | |
| 3540 | - | address of each key participant; (B) the name and address of each lot for | |
| 3541 | - | the hemp cultivation or producing location; (C) the geospatial location | |
| 3542 | - | of each lot by means of global positioning system coordinates and legal | |
| 3543 | - | description of each lot used for the hemp cultivation; (D) the acreage | |
| 3544 | - | size of each lot where the hemp will be cultivated; (E) written consent | |
| 3545 | - | allowing the commissioner to conduct both scheduled and random | |
| 3546 | - | inspections of and around the premises on which the hemp is to be | |
| 3547 | - | cultivated, harvested, stored and produced; (F) the applicant's employer | |
| 3548 | - | identification number or the applicant's Social Security number if an | |
| 3549 | - | employer identification number is not available; and (G) any other | |
| 3550 | - | information as may be required by the commissioner; | |
| 3551 | - | (2) Each individual who is an applicant and each key participant of | |
| 3552 | - | any entity applying for a producer license, or renewal thereof, shall | |
| 3553 | - | submit to state and national fingerprint-based criminal history records | |
| 3554 | - | checks conducted in accordance with section 29-17a, at [his or her] such | |
| 3555 | - | individual's own expense; | |
| 3556 | - | (3) No individual, including any key participant of any entity, who | |
| 3557 | - | has been convicted of any state or federal felony, related to a controlled | |
| 3558 | - | substance, shall be eligible to obtain or hold a producer license for ten | |
| 3559 | - | years from the date of the conviction, provided such restriction shall not | |
| 3560 | - | apply to any individual who lawfully grew hemp with a license, | |
| 3561 | - | registration or authorization under any state pilot program authorized | |
| 3562 | - | by section 7606 of the Agricultural Act of 2014 before December 20, 2018. | |
| 3563 | - | Any individual or entity that materially falsifies any information in an | |
| 3564 | - | application pursuant to this section shall be ineligible to obtain a Substitute House Bill No. 6699 | |
| 3565 | - | ||
| 3566 | - | Public Act No. 23-79 112 of 136 | |
| 3567 | - | ||
| 3568 | - | producer license; and | |
| 3569 | - | (4) Each individual or entity who is required by this section to obtain | |
| 3570 | - | a producer license shall pay for all costs of sampling, testing, retesting | |
| 3571 | - | and resampling any samples at a laboratory for the purpose of | |
| 3572 | - | determining the THC concentration level of any cannabis under their | |
| 3573 | - | control, or in their possession. Each individual or entity who is required | |
| 3574 | - | by this section to obtain a producer license shall pay for all costs of | |
| 3575 | - | disposal of all noncompliant cannabis plants under their control, or in | |
| 3576 | - | their possession. | |
| 3577 | - | (h) Any producer license issued by the commissioner shall expire on | |
| 3578 | - | the third following December thirty-first and may be renewed during | |
| 3579 | - | the preceding month of October. Such licenses shall not be transferable. | |
| 3580 | - | (i) The following fees shall apply for each producer license and | |
| 3581 | - | inspection: | |
| 3582 | - | (1) A nonrefundable license application fee of fifty dollars, provided | |
| 3583 | - | any constituent unit of higher education, state agency or department | |
| 3584 | - | shall be exempt from such application fee if such production is for | |
| 3585 | - | research purposes; | |
| 3586 | - | (2) A nonrefundable triennial producer license fee of four hundred | |
| 3587 | - | fifty dollars for up to one acre of planned hemp plantings and thirty | |
| 3588 | - | dollars per each additional acre of planned hemp plantings rounded to | |
| 3589 | - | the nearest acre, except no license fee charged shall exceed three | |
| 3590 | - | thousand dollars, provided any constituent unit of higher education, | |
| 3591 | - | state agency or department shall be exempt from such license fee if such | |
| 3592 | - | production is for research purposes; and | |
| 3593 | - | (3) In the event that resampling by the commissioner is required due | |
| 3594 | - | to a test result that shows a violation of any provision of this section or | |
| 3595 | - | any regulation adopted pursuant to this section, the licensee shall pay | |
| 3596 | - | an inspection fee of fifty dollars. Such fee shall be paid prior to the Substitute House Bill No. 6699 | |
| 3597 | - | ||
| 3598 | - | Public Act No. 23-79 113 of 136 | |
| 3599 | - | ||
| 3600 | - | inspection and collection of the sample to be used for resampling. | |
| 3601 | - | (j) After receipt and review of an application for producer licensure, | |
| 3602 | - | the commissioner may grant a triennial license upon a finding that the | |
| 3603 | - | applicant meets the applicable requirements. Each producer licensee | |
| 3604 | - | shall notify the commissioner of any changes to their application | |
| 3605 | - | information, not later than fifteen days after such change. While the | |
| 3606 | - | pilot program is in effect, the commissioner may grant a conditional | |
| 3607 | - | approval of a producer license, pending receipt of the criminal history | |
| 3608 | - | records check required by this section. The commissioner shall assign | |
| 3609 | - | each producer with a license or authorization identifier in a format | |
| 3610 | - | consistent with 7 CFR 990.3. | |
| 3611 | - | (k) Whenever an inspection or investigation conducted by the | |
| 3612 | - | commissioner pursuant to this title reveals any violation of the state | |
| 3613 | - | plan, this section or any regulation adopted thereunder, the producer | |
| 3614 | - | license applicant or respondent, as applicable, shall be notified, in | |
| 3615 | - | writing, of such violation and any corrective action to be taken and the | |
| 3616 | - | time period within which such corrective action shall be taken. Any such | |
| 3617 | - | producer license applicant or respondent may request a hearing, | |
| 3618 | - | conducted in accordance with chapter 54, on any such notification. Any | |
| 3619 | - | notification issued pursuant to this section shall be made by certified | |
| 3620 | - | mail, return receipt requested to the producer license applicant or | |
| 3621 | - | respondent's last known address, by in-hand service by the | |
| 3622 | - | commissioner or designated agent of the commissioner, electronic mail | |
| 3623 | - | service with the consent of the recipient, or by service in accordance | |
| 3624 | - | with chapter 896. The commissioner shall report all producer violations | |
| 3625 | - | made with a culpable mental state greater than negligence to the United | |
| 3626 | - | States Attorney General and the State's Attorney for the judicial district | |
| 3627 | - | in which the producer violation occurred. | |
| 3628 | - | (l) Nothing in this section shall be construed to limit the | |
| 3629 | - | commissioner's authority to issue a cease and desist order pursuant to | |
| 3630 | - | section 22-4d, or an emergency order, in order to respond to a condition Substitute House Bill No. 6699 | |
| 3631 | - | ||
| 3632 | - | Public Act No. 23-79 114 of 136 | |
| 3633 | - | ||
| 3634 | - | that may present a public health hazard, or issue orders necessary to | |
| 3635 | - | effectuate the purposes of this section, including, but not limited to, | |
| 3636 | - | orders for the embargo, partial destruction, destruction and release of | |
| 3637 | - | hemp or hemp products. Any cease and desist order or an emergency | |
| 3638 | - | order shall become effective upon service of such order by the | |
| 3639 | - | commissioner. Following service of any such order, subsequent | |
| 3640 | - | proceedings shall proceed in accordance with the provisions of section | |
| 3641 | - | 22-4d and the rules of practice for such agency. Any embargo, partial | |
| 3642 | - | destruction, destruction or release order issued pursuant to this section | |
| 3643 | - | shall be served by certified mail, return receipt requested to the | |
| 3644 | - | respondent's last known address, by in-hand service by the | |
| 3645 | - | commissioner or designated agent of the commissioner, or by service in | |
| 3646 | - | accordance with chapter 896. | |
| 3647 | - | (m) Following a hearing conducted in accordance with chapter 54, | |
| 3648 | - | the commissioner may impose an administrative civil penalty, not to | |
| 3649 | - | exceed two thousand five hundred dollars per violation, and suspend, | |
| 3650 | - | revoke or place conditions upon any producer licensee who violates the | |
| 3651 | - | provisions of this section or any regulation adopted pursuant to this | |
| 3652 | - | section. | |
| 3653 | - | (n) (1) Any individual who produces hemp in this state without | |
| 3654 | - | obtaining a license pursuant to this section, or who produces hemp in | |
| 3655 | - | this state after having a license suspended or revoked shall have | |
| 3656 | - | committed an infraction. | |
| 3657 | - | (2) Any entity that produces hemp in this state without obtaining a | |
| 3658 | - | license pursuant to this section, produces hemp in violation of this | |
| 3659 | - | section or produces hemp in this state after having a license suspended | |
| 3660 | - | or revoked may be fined not more than two thousand five hundred | |
| 3661 | - | dollars per violation, after a hearing conducted in accordance with | |
| 3662 | - | chapter 54. | |
| 3663 | - | (o) (1) Any negligent violation, as described in the federal act, of this Substitute House Bill No. 6699 | |
| 3664 | - | ||
| 3665 | - | Public Act No. 23-79 115 of 136 | |
| 3666 | - | ||
| 3667 | - | section or the state plan shall be subject to enforcement in accordance | |
| 3668 | - | with the federal act, and the state plan for negligent violations. | |
| 3669 | - | (2) For any negligent violation, a producer shall be required to correct | |
| 3670 | - | such negligent violation, by means of a corrective action plan approved | |
| 3671 | - | by the commissioner. Each corrective action plan shall include, at a | |
| 3672 | - | minimum, a reasonable completion deadline for correction of the | |
| 3673 | - | negligent violation, periodic reporting to the commissioner for at least | |
| 3674 | - | two years and compliance with the state plan. | |
| 3675 | - | (3) Any producer that negligently violates the state plan shall not, as | |
| 3676 | - | a result of such negligent violation, be referred by the commissioner for | |
| 3677 | - | any criminal enforcement action by the federal, state or local | |
| 3678 | - | government. | |
| 3679 | - | (4) Any producer that negligently violates the state plan three times | |
| 3680 | - | during any five-year period shall be ineligible to produce hemp for a | |
| 3681 | - | period of five years beginning on the date of the third violation. | |
| 3682 | - | (5) The commissioner shall conduct an inspection to determine if the | |
| 3683 | - | corrective action plan for a producer who commits any such negligent | |
| 3684 | - | violation was properly implemented. | |
| 3685 | - | (p) Any person aggrieved by an order issued pursuant to this section | |
| 3686 | - | may appeal to the commissioner in accordance with the provisions of | |
| 3687 | - | chapter 54. Such appeal shall be made in writing to the commissioner | |
| 3688 | - | and received not later than fifteen days after the date of the order. If no | |
| 3689 | - | appeal is made pursuant to this subsection the order shall be final. | |
| 3690 | - | (q) (1) All documents submitted under this section shall be subject to | |
| 3691 | - | disclosure in accordance with chapter 14, except: (A) Information | |
| 3692 | - | depicting or describing (i) the test results of any producer, (ii) the | |
| 3693 | - | location of any hemp growing, harvesting, processing or storage | |
| 3694 | - | location, or (iii) hemp producer location security schematics; and (B) the | |
| 3695 | - | results of any criminal history records check. Substitute House Bill No. 6699 | |
| 3696 | - | ||
| 3697 | - | Public Act No. 23-79 116 of 136 | |
| 3698 | - | ||
| 3699 | - | (2) Notwithstanding the provisions of subdivision (1) of this | |
| 3700 | - | subsection, all documents and records submitted or maintained | |
| 3701 | - | pursuant to this section shall be disclosed to any law enforcement | |
| 3702 | - | agency upon request of such law enforcement agency. | |
| 3703 | - | (r) The commissioner may inspect and shall have access to the | |
| 3704 | - | buildings, equipment, supplies, vehicles, records, real property and | |
| 3705 | - | other information that the commissioner deems necessary to carry out | |
| 3706 | - | the commissioner's duties pursuant to this section from any person | |
| 3707 | - | participating in producing, handling, storing, marketing or researching | |
| 3708 | - | hemp. | |
| 3709 | - | (s) All licensees pursuant to this section shall maintain records | |
| 3710 | - | required by the federal act, the state plan, this section and any regulation | |
| 3711 | - | adopted pursuant to this section. Each licensee shall make such records | |
| 3712 | - | available to the department immediately upon request of the | |
| 3713 | - | commissioner and in electronic format, if available. | |
| 3714 | - | (t) The commissioner may adopt regulations, in accordance with the | |
| 3715 | - | provisions of chapter 54, to implement the provisions of this section | |
| 3716 | - | including, but not limited to, the labeling of producer hemp products. | |
| 3717 | - | [(u) Notwithstanding any provision of the general statutes: (1) | |
| 3718 | - | Marijuana does not include hemp or hemp products; (2) THC that does | |
| 3719 | - | not exceed 0.3 per cent by dry weight and that is found in hemp shall | |
| 3720 | - | not be considered to be THC that constitutes a controlled substance; (3) | |
| 3721 | - | hemp-derived cannabidiols, including CBD, shall not constitute | |
| 3722 | - | controlled substances or adulterants solely on the basis of containing | |
| 3723 | - | CBD; and (4) hemp products that contain one or more hemp-derived | |
| 3724 | - | cannabidiols, such as CBD, intended for ingestion shall be considered | |
| 3725 | - | foods, not controlled substances or adulterated products solely on the | |
| 3726 | - | basis of the containing hemp-derived cannabidiols.] | |
| 3727 | - | [(v)] (u) Whenever the commissioner believes or has reasonable cause Substitute House Bill No. 6699 | |
| 3728 | - | ||
| 3729 | - | Public Act No. 23-79 117 of 136 | |
| 3730 | - | ||
| 3731 | - | to believe that the actions of a licensee or any employee of a producer | |
| 3732 | - | licensee are in violation of the federal act, the state plan, or any state law | |
| 3733 | - | concerning the growing, cultivation, handling, transporting or | |
| 3734 | - | possession of marijuana, the commissioner shall notify the Department | |
| 3735 | - | of Emergency Services and Public Protection and the Division of State | |
| 3736 | - | Police. | |
| 3737 | - | Sec. 45. Section 22-61m of the general statutes is repealed and the | |
| 3738 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
| 3739 | - | (a) No person shall manufacture in the state without a license to | |
| 3740 | - | manufacture issued by the Commissioner of Consumer Protection. | |
| 3741 | - | (b) Each applicant for a manufacturer license shall submit an | |
| 3742 | - | application on a form and in a manner prescribed by the Commissioner | |
| 3743 | - | of Consumer Protection. | |
| 3744 | - | (c) The following fees shall apply for a license to manufacture: | |
| 3745 | - | (1) A nonrefundable license application fee of seventy-five dollars; | |
| 3746 | - | and | |
| 3747 | - | (2) A nonrefundable licensing fee of three hundred seventy-five | |
| 3748 | - | dollars for a license to manufacture hemp. | |
| 3749 | - | (d) A license to manufacture issued by the Commissioner of | |
| 3750 | - | Consumer Protection pursuant to this section shall expire triennially on | |
| 3751 | - | June thirtieth. Such licenses shall not be transferable. | |
| 3752 | - | (e) In accordance with a hearing held pursuant to chapter 54, the | |
| 3753 | - | Commissioner of Consumer Protection may deny, suspend or revoke a | |
| 3754 | - | manufacturer license, issue fines of not more than two thousand five | |
| 3755 | - | hundred dollars per violation and place conditions upon a | |
| 3756 | - | manufacturer licensee who violates the provisions of this section and | |
| 3757 | - | any regulation adopted pursuant to this section. Substitute House Bill No. 6699 | |
| 3758 | - | ||
| 3759 | - | Public Act No. 23-79 118 of 136 | |
| 3760 | - | ||
| 3761 | - | (f) (1) Any individual who manufactures in this state without | |
| 3762 | - | obtaining a license pursuant to this section or who manufactures in this | |
| 3763 | - | state after such entity's license is suspended or revoked shall be fined | |
| 3764 | - | two hundred fifty dollars in accordance with the provisions of section | |
| 3765 | - | 51-164n. | |
| 3766 | - | (2) Any entity who manufactures in this state without obtaining a | |
| 3767 | - | license pursuant to this section, or who manufactures in this state after | |
| 3768 | - | having a license suspended, shall be fined not more than two thousand | |
| 3769 | - | five hundred dollars per violation after a hearing conducted in | |
| 3770 | - | accordance with the provisions of chapter 54. | |
| 3771 | - | (g) Nothing in this chapter or any regulations adopted pursuant to | |
| 3772 | - | this chapter shall be construed to apply to persons licensed pursuant to | |
| 3773 | - | section 21a-408i nor to require persons licensed pursuant to said section | |
| 3774 | - | to obtain a license pursuant to this chapter. | |
| 3775 | - | (h) The Commissioner of Consumer Protection may inspect and shall | |
| 3776 | - | have access to the buildings, equipment, supplies, vehicles, records, real | |
| 3777 | - | property and other information of any manufacturer applicant or | |
| 3778 | - | licensee that the commissioner deems necessary to carry out the | |
| 3779 | - | commissioner's duties pursuant to this section. | |
| 3780 | - | (i) (1) Each manufacturer shall follow the protocol in this subsection | |
| 3781 | - | for disposing of cannabis in the event that any hemp or hemp product | |
| 3782 | - | is deemed to exceed the prescribed THC concentration, as determined | |
| 3783 | - | by the Commissioner of Consumer Protection, or a manufacturer | |
| 3784 | - | licensee in possession of hemp or hemp products who desires to dispose | |
| 3785 | - | of obsolete, misbranded, excess or otherwise undesired product. Each | |
| 3786 | - | manufacturer licensee shall be responsible for all costs of disposal of | |
| 3787 | - | hemp samples and any hemp produced by such licensee that violates | |
| 3788 | - | the provisions of this section or any regulation adopted pursuant to this | |
| 3789 | - | section. Any cannabis that exceeds the prescribed THC concentration | |
| 3790 | - | allowable in hemp or hemp products shall be immediately embargoed Substitute House Bill No. 6699 | |
| 3791 | - | ||
| 3792 | - | Public Act No. 23-79 119 of 136 | |
| 3793 | - | ||
| 3794 | - | by such manufacturer and clearly labeled as adulterated by such | |
| 3795 | - | licensee and such licensee shall immediately notify both the Department | |
| 3796 | - | of Consumer Protection and the Department of Agriculture, in writing, | |
| 3797 | - | of such adulterated product. Such adulterated product shall be | |
| 3798 | - | destroyed and disposed of by the following method, as determined by | |
| 3799 | - | the Commissioner of Consumer Protection: | |
| 3800 | - | (A) Surrender, without compensation, of such hemp or hemp product | |
| 3801 | - | to the Commissioner of Consumer Protection who shall be responsible | |
| 3802 | - | for the destruction and disposal of such adulterated product; or | |
| 3803 | - | (B) By disposal in a manner prescribed by the Commissioner of | |
| 3804 | - | Consumer Protection. | |
| 3805 | - | (2) Notwithstanding the provisions of subdivision (1) of this | |
| 3806 | - | subsection, upon written request of a manufacturer, the Commissioner | |
| 3807 | - | of Consumer Protection may permit such manufacturer to combine | |
| 3808 | - | different batches of raw hemp plant material to achieve a THC | |
| 3809 | - | concentration of 0.3 per cent on a dry weight basis, in lieu of embargo | |
| 3810 | - | or destruction. | |
| 3811 | - | (j) The manufacturer or manufacturer's authorized designee | |
| 3812 | - | disposing of the hemp or hemp products shall maintain and make | |
| 3813 | - | available to the Commissioner of Consumer Protection a record of each | |
| 3814 | - | such disposal or destruction of product indicating: | |
| 3815 | - | (1) The date, time and location of disposal or destruction; | |
| 3816 | - | (2) The manner of disposal or destruction; | |
| 3817 | - | (3) The batch or lot information and quantity of hemp or hemp | |
| 3818 | - | product disposed of or destroyed; and | |
| 3819 | - | (4) The signatures of the persons disposing of the hemp or hemp | |
| 3820 | - | products, the authorized representative of the Commissioner of Substitute House Bill No. 6699 | |
| 3821 | - | ||
| 3822 | - | Public Act No. 23-79 120 of 136 | |
| 3823 | - | ||
| 3824 | - | Consumer Protection and any other persons present during the | |
| 3825 | - | disposal. | |
| 3826 | - | (k) Any hemp intended to be manufactured by a manufacturer into a | |
| 3827 | - | manufacturer hemp product shall be tested by an independent testing | |
| 3828 | - | laboratory located in this state. A manufacturer licensee shall make | |
| 3829 | - | available samples, in an amount and type determined by the | |
| 3830 | - | Commissioner of Consumer Protection, of hemp for an independent | |
| 3831 | - | testing laboratory employee to select random samples. The independent | |
| 3832 | - | testing laboratory shall test each sample [for microbiological | |
| 3833 | - | contaminants, mycotoxins, heavy metals and pesticide chemical | |
| 3834 | - | residue, and for purposes of conducting an active ingredient analysis, if | |
| 3835 | - | applicable, as determined by the Commissioner of Consumer | |
| 3836 | - | Protection] in accordance with the laboratory testing standards | |
| 3837 | - | established in policies, procedures and regulations adopted by the | |
| 3838 | - | commissioner pursuant to section 21a-421j, as amended by this act. | |
| 3839 | - | (l) Once a batch of hemp, intended to be sold as a manufacturer hemp | |
| 3840 | - | product, has been homogenized for sample testing and eventual | |
| 3841 | - | packaging and sale, until the independent testing laboratory provides | |
| 3842 | - | the results from its tests and analysis, the manufacturer [licensee] shall | |
| 3843 | - | segregate and withhold from use the entire batch of hemp that is | |
| 3844 | - | intended for use as a manufacturer hemp product, except the samples | |
| 3845 | - | that have been removed by the independent testing laboratory for | |
| 3846 | - | testing. During this period of segregation, the manufacturer licensee | |
| 3847 | - | shall maintain the hemp batch in a secure, cool and dry location, as | |
| 3848 | - | prescribed by the Commissioner of Consumer Protection, so as to | |
| 3849 | - | prevent the hemp from becoming adulterated. Such manufacturer shall | |
| 3850 | - | not manufacture or sell a manufacturer hemp product prior to the time | |
| 3851 | - | that the independent testing laboratory completes testing and analysis | |
| 3852 | - | and provides such results, in writing, to the manufacturer licensee who | |
| 3853 | - | initiated such testing. | |
| 3854 | - | (m) An independent testing laboratory shall immediately return or Substitute House Bill No. 6699 | |
| 3855 | - | ||
| 3856 | - | Public Act No. 23-79 121 of 136 | |
| 3857 | - | ||
| 3858 | - | dispose of any hemp or manufacturer hemp product upon the | |
| 3859 | - | completion of any testing, use or research. If an independent testing | |
| 3860 | - | laboratory disposes of hemp or manufacturer hemp products, the | |
| 3861 | - | laboratory shall dispose of such hemp in the following manner, as | |
| 3862 | - | determined by the Commissioner of Consumer Protection: | |
| 3863 | - | (1) By surrender, without compensation, of such hemp or | |
| 3864 | - | manufacturer hemp product to the Commissioner of Consumer | |
| 3865 | - | Protection who shall be responsible for the destruction and disposal of | |
| 3866 | - | such hemp or hemp product; or | |
| 3867 | - | (2) By disposal in a manner prescribed by the Commissioner of | |
| 3868 | - | Consumer Protection. | |
| 3869 | - | (n) If a sample does not pass the microbiological, mycotoxin, heavy | |
| 3870 | - | metal or pesticide chemical residue test, based on the laboratory testing | |
| 3871 | - | standards [prescribed by the Commissioner of Consumer Protection | |
| 3872 | - | and published on the Internet web site of the Department of Consumer | |
| 3873 | - | Protection] established in policies, procedures and regulations adopted | |
| 3874 | - | by the Commissioner of Consumer Protection pursuant to section 21a- | |
| 3875 | - | 421j, as amended by this act, the manufacturer licensee who sent such | |
| 3876 | - | batch for testing shall: | |
| 3877 | - | (1) Retest and reanalyze the hemp from which the sample was taken | |
| 3878 | - | by having an employee from the same laboratory randomly select | |
| 3879 | - | another sample from the same hemp batch. If the sample used to retest | |
| 3880 | - | or reanalyze such hemp yields satisfactory results for all testing | |
| 3881 | - | required under this section, an employee from a different laboratory | |
| 3882 | - | shall randomly select a different sample from the same hemp batch for | |
| 3883 | - | testing. If both samples yield satisfactory results for all testing required | |
| 3884 | - | under this section, the hemp batch from which the samples were taken | |
| 3885 | - | shall be released for manufacturing, processing and sale; | |
| 3886 | - | (2) If a remediation plan sufficient to ensure public health and safety Substitute House Bill No. 6699 | |
| 3887 | - | ||
| 3888 | - | Public Act No. 23-79 122 of 136 | |
| 3889 | - | ||
| 3890 | - | is submitted to and approved by the commissioner, remediate the hemp | |
| 3891 | - | batch from which the sample was taken and have a laboratory employee | |
| 3892 | - | randomly select a sample from such remediated hemp batch for testing. | |
| 3893 | - | If such randomly selected sample yields satisfactory results for any | |
| 3894 | - | testing required under this section, an employee from a different | |
| 3895 | - | laboratory shall randomly select a different sample from the same hemp | |
| 3896 | - | batch for testing. If both samples yield satisfactory results for all testing | |
| 3897 | - | required under this section, the hemp batch from which the samples | |
| 3898 | - | were taken may be released for manufacturing, processing or sale; or | |
| 3899 | - | (3) If the manufacturer does not retest or remediate, or if any | |
| 3900 | - | subsequent laboratory testing does not yield satisfactory results for any | |
| 3901 | - | testing required under this section, dispose of the entire batch from | |
| 3902 | - | which the sample was taken in accordance with procedures established | |
| 3903 | - | by the Commissioner of Consumer Protection pursuant to subdivision | |
| 3904 | - | (1) of subsection (i) of this section. | |
| 3905 | - | (o) If a sample passes the microbiological, mycotoxin, heavy metal | |
| 3906 | - | and pesticide chemical residue test, the independent testing laboratory | |
| 3907 | - | shall release the entire batch for manufacturing, processing or sale. | |
| 3908 | - | (p) The independent testing laboratory shall file with the Department | |
| 3909 | - | of Consumer Protection an electronic copy of each laboratory test result | |
| 3910 | - | for any batch that does not pass the microbiological, mycotoxin, heavy | |
| 3911 | - | metal or pesticide chemical residue test, at the same time that it | |
| 3912 | - | transmits such results to the manufacturer licensee who requested such | |
| 3913 | - | testing. Each independent testing laboratory shall maintain the test | |
| 3914 | - | results of each tested batch for a period of three years and shall make | |
| 3915 | - | such results available to the Department of Consumer Protection upon | |
| 3916 | - | request. | |
| 3917 | - | (q) [Manufacturer licensees] Manufacturers shall maintain records | |
| 3918 | - | required by the federal act, this section, [and] any regulation adopted | |
| 3919 | - | pursuant to this section and the policies, procedures and regulations Substitute House Bill No. 6699 | |
| 3920 | - | ||
| 3921 | - | Public Act No. 23-79 123 of 136 | |
| 3922 | - | ||
| 3923 | - | adopted by the Commissioner of Consumer Protection pursuant to | |
| 3924 | - | section 21a-421j, as amended by this act. Each manufacturer [licensee] | |
| 3925 | - | shall make such records available to the Department of Consumer | |
| 3926 | - | Protection immediately upon request and in electronic format, if | |
| 3927 | - | available. | |
| 3928 | - | (r) The Commissioner of Consumer Protection may adopt | |
| 3929 | - | regulations, in accordance with the provisions of chapter 54, to | |
| 3930 | - | implement the provisions of this section including, but not limited to, | |
| 3931 | - | establishing sampling and testing procedures to ensure compliance | |
| 3932 | - | with this section, prescribing storage and disposal procedures for hemp, | |
| 3933 | - | marijuana and manufacturer hemp products that fail to pass | |
| 3934 | - | Department of Consumer Protection prescribed independent testing | |
| 3935 | - | laboratory testing standards and establishing advertising and labeling | |
| 3936 | - | requirements for manufacturer hemp products. | |
| 3937 | - | (s) Any claim of health impacts, medical effects or physical or mental | |
| 3938 | - | benefits shall be prohibited on any advertising for, labeling of or | |
| 3939 | - | marketing of manufacturer hemp products regardless of whether such | |
| 3940 | - | manufacturer hemp products were manufactured in this state or | |
| 3941 | - | another jurisdiction. Any violation of this subsection shall be deemed an | |
| 3942 | - | unfair or deceptive trade practice under [chapter 735a] subsection (a) of | |
| 3943 | - | section 42-110b. | |
| 3944 | - | (t) Not later than February 1, 2020, the Commissioners of Agriculture | |
| 3945 | - | and Consumer Protection shall submit a report, in accordance with | |
| 3946 | - | section 11-4a, to the joint standing committee of the general assembly | |
| 3947 | - | having cognizance of matters relating to the environment on the status | |
| 3948 | - | of the pilot program, the development of the state plan and any | |
| 3949 | - | regulations for such pilot program or state plan. [Additionally such] | |
| 3950 | - | Such report shall also include any legislative recommendations, | |
| 3951 | - | including, but not limited to, any recommendations for requiring the | |
| 3952 | - | registration of any manufacturer hemp product offered for sale in this | |
| 3953 | - | state. Substitute House Bill No. 6699 | |
| 3954 | - | ||
| 3955 | - | Public Act No. 23-79 124 of 136 | |
| 3956 | - | ||
| 3957 | - | (u) (1) Any person who sells manufacturer hemp products shall not | |
| 3958 | - | be required to be licensed, provided such person only engages in: [(1)] | |
| 3959 | - | (A) The retail or wholesale sale of manufacturer hemp products in | |
| 3960 | - | which no further manufacturing of hemp occurs, provided such | |
| 3961 | - | manufacturer hemp products are acquired from a person authorized to | |
| 3962 | - | manufacture the manufacturer hemp products under the laws of this | |
| 3963 | - | state or another state, territory or possession of the United States or | |
| 3964 | - | another sovereign entity; [(2)] (B) the acquisition of manufacturer hemp | |
| 3965 | - | products for the sole purpose of product distribution for resale; [or (3)] | |
| 3966 | - | and (C) the retail sale of manufacturer hemp products that is [otherwise] | |
| 3967 | - | authorized under federal or state law. | |
| 3968 | - | (2) The Commissioner of Consumer Protection or Commissioner of | |
| 3969 | - | Revenue Services may, pursuant to section 4-182, summarily suspend | |
| 3970 | - | any credential the Department of Consumer Protection or Department | |
| 3971 | - | of Revenue Services issued to any person who sells manufacturer hemp | |
| 3972 | - | products in violation of subdivision (1) of this subsection or subsections | |
| 3973 | - | (v) to (y), inclusive, of this section. | |
| 3974 | - | (v) No manufacturer hemp product offered for sale in this state, or to | |
| 3975 | - | a consumer in this state, shall contain any synthetic cannabinoid, as | |
| 3976 | - | defined in section 21a-240, as amended by this act. | |
| 3977 | - | (w) No manufacturer hemp product offered for sale in this state, or | |
| 3978 | - | to a consumer in this state, shall be packaged, presented or advertised | |
| 3979 | - | in a manner that is likely to mislead a consumer by incorporating any | |
| 3980 | - | statement, brand, design, representation, picture, illustration or other | |
| 3981 | - | depiction that: (1) Bears a reasonable resemblance to trademarked or | |
| 3982 | - | characteristic packaging of (A) cannabis offered for sale (i) in this state | |
| 3983 | - | by a cannabis establishment licensed in this state, or (ii) on tribal land | |
| 3984 | - | by a tribal-credentialed cannabis entity, or (B) a commercially available | |
| 3985 | - | product other than a cannabis product, as defined in section 21a-420, as | |
| 3986 | - | amended by this act; or (2) implies that the manufacturer hemp product | |
| 3987 | - | (A) is a cannabis product, as defined in section 21a-420, as amended by Substitute House Bill No. 6699 | |
| 3988 | - | ||
| 3989 | - | Public Act No. 23-79 125 of 136 | |
| 3990 | - | ||
| 3991 | - | this act, (B) contains a total THC concentration greater than three-tenths | |
| 3992 | - | per cent on a dry-weight basis, or (C) is a high-THC hemp product, as | |
| 3993 | - | defined in section 21a-240, as amended by this act. | |
| 3994 | - | (x) No manufacturer hemp product that is a food, beverage, oil or | |
| 3995 | - | other product intended for human ingestion shall be distributed or sold | |
| 3996 | - | in this state unless such product is contained within a package, or a label | |
| 3997 | - | is affixed to such package, that includes: | |
| 3998 | - | (1) A scannable barcode, Internet web site address or quick response | |
| 3999 | - | code that is linked to the certificate of analysis of the final form product | |
| 4000 | - | batch by an independent testing laboratory and discloses: | |
| 4001 | - | (A) The name of such product; | |
| 4002 | - | (B) The name, address and telephone number of such product's | |
| 4003 | - | manufacturer, packer and distributor, as applicable; | |
| 4004 | - | (C) The batch number, which shall match the batch number on such | |
| 4005 | - | package or label; and | |
| 4006 | - | (D) The concentration of cannabinoids present in such product, | |
| 4007 | - | including, but not limited to, total THC and any cannabinoids or active | |
| 4008 | - | ingredients comprising at least one per cent of such product; | |
| 4009 | - | (2) The expiration or best by date for such product, if applicable; | |
| 4010 | - | (3) A clear and conspicuous statement disclosing that: | |
| 4011 | - | (A) Children, or those who are pregnant or breastfeeding, should | |
| 4012 | - | avoid using such product prior to consulting with a health care | |
| 4013 | - | professional concerning such product's safety; | |
| 4014 | - | (B) Products containing cannabinoids should be kept out of reach of | |
| 4015 | - | children; and Substitute House Bill No. 6699 | |
| 4016 | - | ||
| 4017 | - | Public Act No. 23-79 126 of 136 | |
| 4018 | - | ||
| 4019 | - | (C) The federal Food and Drug Administration has not evaluated | |
| 4020 | - | such product for safety or efficacy; and | |
| 4021 | - | (4) If such product is intended to be inhaled, a clear and conspicuous | |
| 4022 | - | warning statement disclosing that smoking or vaporizing is hazardous | |
| 4023 | - | to human health. | |
| 4024 | - | (y) No manufacturer hemp product that is a topical, soap or cosmetic, | |
| 4025 | - | as defined in section 21a-92, shall be distributed or sold in this state | |
| 4026 | - | unless such product is contained within a package, or a label is affixed | |
| 4027 | - | to such package, that includes: | |
| 4028 | - | (1) A scannable barcode, Internet web site address or quick response | |
| 4029 | - | code that is linked to the certificate of analysis of the final form extract | |
| 4030 | - | or final form product batch by an independent testing laboratory and | |
| 4031 | - | discloses: | |
| 4032 | - | (A) The name of such product; | |
| 4033 | - | (B) The name, address and telephone number of such product's | |
| 4034 | - | manufacturer, packer and distributor, as applicable; | |
| 4035 | - | (C) The batch number, which shall match the batch number on such | |
| 4036 | - | package or label; and | |
| 4037 | - | (D) The concentration of cannabinoids present in such batch, | |
| 4038 | - | including, but not limited to, total THC and any marketed cannabinoids; | |
| 4039 | - | (2) The expiration or best by date for such product, if applicable; and | |
| 4040 | - | (3) A clear and conspicuous statement disclosing the following: | |
| 4041 | - | "THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY | |
| 4042 | - | OR EFFICACY.". | |
| 4043 | - | (z) Any violation of subsections (u) to (y), inclusive, of this section Substitute House Bill No. 6699 | |
| 4044 | - | ||
| 4045 | - | Public Act No. 23-79 127 of 136 | |
| 4046 | - | ||
| 4047 | - | shall be deemed an unfair or deceptive trade practice under subsection | |
| 4048 | - | (a) of section 42-110b. | |
| 4049 | - | (aa) Not later than October 31, 2023, the Department of Emergency | |
| 4050 | - | Services and Public Protection shall, in consultation with the | |
| 4051 | - | Department of Consumer Protection, publish a training bulletin to | |
| 4052 | - | inform local law enforcement agencies and officers regarding the | |
| 4053 | - | investigation and enforcement standards concerning cannabis and high- | |
| 4054 | - | THC hemp products. | |
| 4055 | - | [(v)] (bb) Notwithstanding any provision of the general statutes: (1) | |
| 4056 | - | [Marijuana does not include manufacturer hemp products; (2)] CBD | |
| 4057 | - | that is found in manufacturer hemp products shall not be considered a | |
| 4058 | - | controlled substance, as defined in section 21a-240, as amended by this | |
| 4059 | - | act, or legend drug, as defined in section 20-571; and [(3) cannabinoids] | |
| 4060 | - | (2) CBD derived from hemp and contained in manufacturer hemp | |
| 4061 | - | products shall not be considered [controlled substances or adulterants] | |
| 4062 | - | a controlled substance or adulterant. | |
| 4063 | - | Sec. 46. Section 7-294m of the general statutes is repealed and the | |
| 4064 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
| 4065 | - | [(1)] (a) The Police Officer Standards and Training Council | |
| 4066 | - | established under section 7-294b, in conjunction with the office of the | |
| 4067 | - | Chief State's Attorney and the Connecticut Police Chiefs Association, | |
| 4068 | - | and [(2)] the Division of State Police within the Department of | |
| 4069 | - | Emergency Services and Public Protection, in conjunction with the office | |
| 4070 | - | of the Chief State's Attorney, shall provide instruction on the subject of | |
| 4071 | - | new legal developments which affect police policies and practices | |
| 4072 | - | concerning the investigation, detection and prosecution of criminal | |
| 4073 | - | matters, each year to the chief law enforcement officer of each | |
| 4074 | - | municipality and any person designated by such officer to serve in such | |
| 4075 | - | capacity in such officer's absence. Each such officer may be given credit | |
| 4076 | - | for such course of instruction toward the certified review training Substitute House Bill No. 6699 | |
| 4077 | - | ||
| 4078 | - | Public Act No. 23-79 128 of 136 | |
| 4079 | - | ||
| 4080 | - | required by subsection (a) of section 7-294d. Such training program shall | |
| 4081 | - | be named "The John M. Bailey Seminar on New Legal Developments | |
| 4082 | - | Impacting Police Policies and Practices". | |
| 4083 | - | (b) Not later than October 31, 2023, and annually thereafter if | |
| 4084 | - | necessary, the Division of Criminal Justice and the Police Officer | |
| 4085 | - | Standards and Training Council established under section 7-294b shall | |
| 4086 | - | include in each course of instruction provided pursuant to subsection | |
| 4087 | - | (a) of this section a session regarding investigation and enforcement | |
| 4088 | - | standards concerning cannabis, as defined in section 22-61l, as amended | |
| 4089 | - | by this act, and high-THC hemp products, as defined in section 21a-240, | |
| 4090 | - | as amended by this act. | |
| 4091 | - | Sec. 47. Section 38a-492 of the general statutes is repealed and the | |
| 4092 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
| 4093 | - | No individual health insurance policy providing coverage of the type | |
| 4094 | - | specified in subdivisions (1), (2), (4), (6), (10) and (11) of section 38a-469 | |
| 4095 | - | shall be delivered, issued for delivery or renewed in this state, or | |
| 4096 | - | amended to substantially alter or change benefits or coverage, on or | |
| 4097 | - | after July 1, 1975, unless persons covered under such policy will be | |
| 4098 | - | eligible for benefits for expenses of emergency medical care arising from | |
| 4099 | - | accidental ingestion or consumption of a controlled drug, as defined by | |
| 4100 | - | [subdivision (8) of] section 21a-240, as amended by this act, which are at | |
| 4101 | - | least equal to the following minimum requirements: (1) In the case of | |
| 4102 | - | benefits based upon confinement as an inpatient in a hospital, whether | |
| 4103 | - | or not operated by the state, the period of confinement for which | |
| 4104 | - | benefits shall be payable shall be at least thirty days in any calendar | |
| 4105 | - | year. (2) For covered expenses incurred by the insured while other than | |
| 4106 | - | an inpatient in a hospital, benefits shall be available for such expenses | |
| 4107 | - | during any calendar year up to a maximum of five hundred dollars. For | |
| 4108 | - | purposes of this section, the term "covered expenses" means the | |
| 4109 | - | reasonable charges for treatment deemed necessary under generally | |
| 4110 | - | accepted medical standards. Substitute House Bill No. 6699 | |
| 4111 | - | ||
| 4112 | - | Public Act No. 23-79 129 of 136 | |
| 4113 | - | ||
| 4114 | - | Sec. 48. Section 38a-518 of the general statutes is repealed and the | |
| 4115 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
| 4116 | - | No group health insurance policy providing coverage of the type | |
| 4117 | - | specified in subdivisions (1), (2), (4), (6) and (11) of section 38a-469 shall | |
| 4118 | - | be delivered, issued for delivery or renewed in this state, or amended to | |
| 4119 | - | substantially alter or change benefits or coverage, on or after July 1, 1975, | |
| 4120 | - | unless persons covered under such policy will be eligible for benefits for | |
| 4121 | - | expenses of emergency medical care arising from accidental ingestion | |
| 4122 | - | or consumption of a controlled drug, as defined by [subdivision (8) of] | |
| 4123 | - | section 21a-240, as amended by this act, which are at least equal to the | |
| 4124 | - | following minimum requirements: (1) In the case of benefits based upon | |
| 4125 | - | confinement as an inpatient in a hospital, whether or not operated by | |
| 4126 | - | the state, the period of confinement for which benefits shall be payable | |
| 4127 | - | shall be at least thirty days in any calendar year. (2) For covered | |
| 4128 | - | expenses incurred by the insured while other than an inpatient in a | |
| 4129 | - | hospital, benefits shall be available for such expenses during any | |
| 4130 | - | calendar year up to a maximum of five hundred dollars. For purposes | |
| 4131 | - | of this section, the term "covered expenses" means the reasonable | |
| 4132 | - | charges for treatment deemed necessary under generally accepted | |
| 4133 | - | medical standards. | |
| 4134 | - | Sec. 49. (NEW) (Effective from passage) (a) For the purposes of this | |
| 4135 | - | section: | |
| 4136 | - | (1) "Caregiver" has the same meaning as provided in section 21a-408 | |
| 4137 | - | of the general statutes, as amended by this act; | |
| 4138 | - | (2) "Marijuana" has the same meaning as provided in section 21a-240 | |
| 4139 | - | of the general statutes, as amended by this act; | |
| 4140 | - | (3) "Palliative use" has the same meaning as provided in section 21a- | |
| 4141 | - | 408 of the general statutes, as amended by this act; and | |
| 4142 | - | (4) "Qualifying patient" has the same meaning as provided in section Substitute House Bill No. 6699 | |
| 4143 | - | ||
| 4144 | - | Public Act No. 23-79 130 of 136 | |
| 4145 | - | ||
| 4146 | - | 21a-408 of the general statutes, as amended by this act. | |
| 4147 | - | (b) There is established, within available appropriations, an Office of | |
| 4148 | - | the Cannabis Ombudsman, which shall be within the Office of the | |
| 4149 | - | Healthcare Advocate for administrative purposes only. The Office of the | |
| 4150 | - | Cannabis Ombudsman shall be under the direction of a Cannabis | |
| 4151 | - | Ombudsman. The Healthcare Advocate shall appoint an individual | |
| 4152 | - | who is familiar with the palliative use of marijuana and the medical | |
| 4153 | - | cannabis system to serve as the Cannabis Ombudsman. | |
| 4154 | - | (c) The Office of the Cannabis Ombudsman shall: | |
| 4155 | - | (1) Represent the interests of qualifying patients and caregivers; | |
| 4156 | - | (2) Identify, investigate and resolve complaints made by, or on behalf | |
| 4157 | - | of, qualifying patients and caregivers; | |
| 4158 | - | (3) Monitor the palliative use of marijuana as authorized under | |
| 4159 | - | chapter 420f of the general statutes; | |
| 4160 | - | (4) Report action, inaction or decisions that may adversely affect the | |
| 4161 | - | health, safety, welfare or rights of qualifying patients; | |
| 4162 | - | (5) Analyze, comment on and monitor the development and | |
| 4163 | - | implementation of federal, state and local laws, regulations and other | |
| 4164 | - | government policies and actions concerning the health, safety, welfare | |
| 4165 | - | and rights of qualifying patients and caregivers; | |
| 4166 | - | (6) Recommend any changes to the laws, regulations, policies and | |
| 4167 | - | actions described in subdivision (5) of this subsection that the office | |
| 4168 | - | deems appropriate to, among other things, improve the palliative | |
| 4169 | - | marijuana market in this state; and | |
| 4170 | - | (7) Facilitate public comment on the laws, regulations, policies and | |
| 4171 | - | actions described in subdivision (5) of this subsection. Substitute House Bill No. 6699 | |
| 4172 | - | ||
| 4173 | - | Public Act No. 23-79 131 of 136 | |
| 4174 | - | ||
| 4175 | - | Sec. 50. Subdivision (6) of subsection (a) of section 53a-18 of the | |
| 4176 | - | general statutes is repealed and the following is substituted in lieu | |
| 4177 | - | thereof (Effective July 1, 2023): | |
| 4178 | - | (6) A teacher or other person entrusted with the care and supervision | |
| 4179 | - | of a minor for school purposes may use reasonable physical force upon | |
| 4180 | - | such minor when and to the extent such teacher or other person | |
| 4181 | - | reasonably believes such force to be necessary to (A) protect [himself or | |
| 4182 | - | herself] such teacher, other person or others from immediate physical | |
| 4183 | - | injury, (B) obtain possession of a dangerous instrument or controlled | |
| 4184 | - | substance, as defined in [subdivision (9) of] section 21a-240, as amended | |
| 4185 | - | by this act, upon or within the control of such minor, (C) protect | |
| 4186 | - | property from physical damage, or (D) restrain such minor or remove | |
| 4187 | - | such minor to another area, to maintain order. | |
| 4188 | - | Sec. 51. Subsections (c) to (g), inclusive, of section 54-36a of the | |
| 4189 | - | general statutes are repealed and the following is substituted in lieu | |
| 4190 | - | thereof (Effective July 1, 2023): | |
| 4191 | - | (c) Unless such seized property is stolen property and is ordered | |
| 4192 | - | returned pursuant to subsection (b) of this section or unless such seized | |
| 4193 | - | property is adjudicated a nuisance in accordance with section 54-33g, or | |
| 4194 | - | unless the court finds that such property shall be forfeited or is | |
| 4195 | - | contraband, or finds that such property is a controlled drug [, a] or | |
| 4196 | - | controlled substance as defined in section 21a-240, as amended by this | |
| 4197 | - | act, or drug paraphernalia as defined in subdivision [(8), (9) or] (20) of | |
| 4198 | - | section 21a-240, as amended by this act, it shall, at the final disposition | |
| 4199 | - | of the criminal action or as soon thereafter as is practical, or, if there is | |
| 4200 | - | no criminal action, at any time upon motion of the prosecuting official | |
| 4201 | - | of such court, order the return of such property to its owner within six | |
| 4202 | - | months upon proper claim therefor. | |
| 4203 | - | (d) When the court orders the return of the seized property to the | |
| 4204 | - | owner, the order shall provide that if the seized property is not claimed Substitute House Bill No. 6699 | |
| 4205 | - | ||
| 4206 | - | Public Act No. 23-79 132 of 136 | |
| 4207 | - | ||
| 4208 | - | by the owner within six months, the property shall be destroyed or be | |
| 4209 | - | given to a charitable or educational institution or to a governmental | |
| 4210 | - | agency or institution, except that (1) if such property is money it shall | |
| 4211 | - | be remitted to the state and shall be deposited in the General Fund or | |
| 4212 | - | (2) if such property is a valuable prize it shall be disposed of by public | |
| 4213 | - | auction or private sale in which case the proceeds shall become the | |
| 4214 | - | property of the state and shall be deposited in the General Fund; | |
| 4215 | - | provided any person who has a bona fide mortgage, assignment of lease | |
| 4216 | - | or rent, lien or security interest in such property shall have the same | |
| 4217 | - | right to the proceeds as [he] such person had in the property prior to the | |
| 4218 | - | sale. | |
| 4219 | - | (e) If such seized property is adjudicated a nuisance or if the court | |
| 4220 | - | finds that such property shall be forfeited or is contraband other than a | |
| 4221 | - | controlled drug [, a] or controlled substance as defined in section 21a- | |
| 4222 | - | 240, as amended by this act, or drug paraphernalia as defined in | |
| 4223 | - | subdivision [(8), (9) or] (20) of section 21a-240, as amended by this act, | |
| 4224 | - | the court shall order that such property be destroyed or be given to a | |
| 4225 | - | charitable or educational institution or to a governmental agency or | |
| 4226 | - | institution, except that (1) if such property is money, the court shall | |
| 4227 | - | order that it be remitted to the state and be deposited in the General | |
| 4228 | - | Fund, or (2) if such property is a valuable prize, the court shall order | |
| 4229 | - | that it be disposed of by public auction or private sale in which case the | |
| 4230 | - | proceeds shall become the property of the state and shall be deposited | |
| 4231 | - | in the General Fund; provided any person who has a bona fide | |
| 4232 | - | mortgage, assignment of lease or rent, lien or security interest in such | |
| 4233 | - | property shall have the same right to the proceeds as [he] such person | |
| 4234 | - | had in the property prior to sale. | |
| 4235 | - | (f) If the court finds that such seized property is fireworks as defined | |
| 4236 | - | in section 29-356, the court shall order the forfeiture and destruction of | |
| 4237 | - | such property. Any secondary evidence of the identity, description or | |
| 4238 | - | value of such property shall be admissible in evidence against the Substitute House Bill No. 6699 | |
| 4239 | - | ||
| 4240 | - | Public Act No. 23-79 133 of 136 | |
| 4241 | - | ||
| 4242 | - | defendant in the trial of the case. A photograph of the fireworks and a | |
| 4243 | - | sworn affidavit describing such fireworks shall be sufficient evidence of | |
| 4244 | - | the identity of the fireworks. The fact that the evidence is secondary in | |
| 4245 | - | nature may be shown to affect the weight of such evidence, but not to | |
| 4246 | - | affect its admissibility. | |
| 4247 | - | (g) If the court finds that such seized property is a controlled drug [, | |
| 4248 | - | a] or controlled substance as defined in section 21a-240, as amended by | |
| 4249 | - | this act, or drug paraphernalia as defined in subdivision [(8), (9) or] (20) | |
| 4250 | - | of section 21a-240, as amended by this act, the court shall order the | |
| 4251 | - | forfeiture and destruction of such property or order it delivered to the | |
| 4252 | - | Commissioner of Consumer Protection pursuant to section 54-36g, as | |
| 4253 | - | amended by this act. | |
| 4254 | - | Sec. 52. Subsection (a) of section 54-36g of the general statutes is | |
| 4255 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
| 4256 | - | 2023): | |
| 4257 | - | (a) At any time after the seizure of a controlled drug or a controlled | |
| 4258 | - | substance [,] as defined in [subdivision (8) or (9) of] section 21a-240, as | |
| 4259 | - | amended by this act, or drug paraphernalia [,] as defined in subdivision | |
| 4260 | - | (20) of section 21a-240, as amended by this act, in connection with a | |
| 4261 | - | criminal arrest or pursuant to a search warrant without an arrest, the | |
| 4262 | - | prosecuting official of the court for the geographical area in which the | |
| 4263 | - | criminal offense is alleged to have been committed may petition the | |
| 4264 | - | court for destruction of such controlled drug, controlled substance or | |
| 4265 | - | drug paraphernalia. After notice, by certified or registered mail to the | |
| 4266 | - | defendant and [his] the defendant's attorney, and hearing on the | |
| 4267 | - | petition, the court may order the forfeiture and destruction of such | |
| 4268 | - | controlled drug, controlled substance or drug paraphernalia, under | |
| 4269 | - | procedures and to the extent determined by the court, or order it | |
| 4270 | - | delivered to the Commissioner of Consumer Protection as soon as | |
| 4271 | - | possible. Such order shall be in writing and shall provide for the analysis | |
| 4272 | - | of representative samples of such controlled drug, controlled substance Substitute House Bill No. 6699 | |
| 4273 | - | ||
| 4274 | - | Public Act No. 23-79 134 of 136 | |
| 4275 | - | ||
| 4276 | - | or drug paraphernalia. The results of such analysis shall be recorded on | |
| 4277 | - | a certificate signed by the person making the analysis, witnessed and | |
| 4278 | - | acknowledged pursuant to section 1-29. Such certificate shall be prima | |
| 4279 | - | facie evidence of the composition and quality of such controlled drug, | |
| 4280 | - | controlled substance or drug paraphernalia. | |
| 4281 | - | Sec. 53. Subdivision (1) of subsection (a) of section 54-36h of the | |
| 4282 | - | general statutes is repealed and the following is substituted in lieu | |
| 4283 | - | thereof (Effective July 1, 2023): | |
| 4284 | - | (1) All moneys used, or intended for use, in the procurement, | |
| 4285 | - | manufacture, compounding, processing, delivery or distribution of any | |
| 4286 | - | controlled substance, as defined in [subdivision (9) of] section 21a-240, | |
| 4287 | - | as amended by this act; | |
| 4288 | - | Sec. 54. (Effective from passage) (a) There is established a task force to | |
| 4289 | - | study the potential health, safety and financial impact of allowing | |
| 4290 | - | individuals who are authorized to cultivate cannabis in their residences | |
| 4291 | - | to sell, at retail, such cannabis at events organized, at least in part, to | |
| 4292 | - | facilitate such sales. The task force shall (1) examine the impact that such | |
| 4293 | - | sales would likely have on this state, including, but not limited to, the | |
| 4294 | - | impact that such sales would likely have on residents of this state and | |
| 4295 | - | the state's existing medical and recreational cannabis markets, and (2) if | |
| 4296 | - | the task force recommends that the state authorize such sales, | |
| 4297 | - | recommend any legislation necessary to authorize and regulate such | |
| 4298 | - | sales. | |
| 4299 | - | (b) The task force shall consist of the following members: | |
| 4300 | - | (1) Two appointed by the speaker of the House of Representatives; | |
| 4301 | - | (2) Two appointed by the president pro tempore of the Senate; | |
| 4302 | - | (3) One appointed by the majority leader of the House of | |
| 4303 | - | Representatives; Substitute House Bill No. 6699 | |
| 4304 | - | ||
| 4305 | - | Public Act No. 23-79 135 of 136 | |
| 4306 | - | ||
| 4307 | - | (4) One appointed by the majority leader of the Senate; | |
| 4308 | - | (5) One appointed by the minority leader of the House of | |
| 4309 | - | Representatives; | |
| 4310 | - | (6) One appointed by the minority leader of the Senate; | |
| 4311 | - | (7) The Commissioner of Consumer Protection, or the commissioner's | |
| 4312 | - | designee; | |
| 4313 | - | (8) The Commissioner of Public Health, or the commissioner's | |
| 4314 | - | designee; | |
| 4315 | - | (9) The Commissioner of Mental Health and Addiction Services, or | |
| 4316 | - | the commissioner's designee; and | |
| 4317 | - | (10) Two appointed by the Governor. | |
| 4318 | - | (c) Any member of the task force appointed under subdivision (1), | |
| 4319 | - | (2), (3), (4), (5) or (6) of subsection (b) of this section may be a member | |
| 4320 | - | of the General Assembly. | |
| 4321 | - | (d) All initial appointments to the task force shall be made not later | |
| 4322 | - | than thirty days after the effective date of this section. Any vacancy shall | |
| 4323 | - | be filled by the appointing authority. | |
| 4324 | - | (e) The speaker of the House of Representatives and the president pro | |
| 4325 | - | tempore of the Senate shall select the chairpersons of the task force from | |
| 4326 | - | among the members of the task force. Such chairpersons shall schedule | |
| 4327 | - | the first meeting of the task force, which shall be held not later than sixty | |
| 4328 | - | days after the effective date of this section. | |
| 4329 | - | (f) The administrative staff of the joint standing committee of the | |
| 4330 | - | General Assembly having cognizance of matters relating to consumer | |
| 4331 | - | protection shall serve as administrative staff of the task force. Substitute House Bill No. 6699 | |
| 4332 | - | ||
| 4333 | - | Public Act No. 23-79 136 of 136 | |
| 4334 | - | ||
| 4335 | - | (g) Not later than January 1, 2024, the task force shall submit a report | |
| 4336 | - | on its findings and recommendations to the joint standing committee of | |
| 4337 | - | the General Assembly having cognizance of matters relating to | |
| 4338 | - | consumer protection, in accordance with the provisions of section 11-4a | |
| 4339 | - | of the general statutes. The task force shall terminate on the date that it | |
| 4340 | - | submits such report or January 1, 2024, whichever is later. | |
| 1594 | + | GL Joint Favorable Subst. | |
| 4341 | 1595 |