Substitute House Bill No. 6699
Public Act No. 23-79
AN ACT CONCERNING CANNABIS REGULATION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 21a-240 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
The following words and phrases, as used in this chapter, shall have
the following meanings, unless the context otherwise requires:
(1) "Abuse of drugs" means the use of controlled substances solely for
their stimulant, depressant or hallucinogenic effect upon the higher
functions of the central nervous system and not as a therapeutic agent
prescribed in the course of medical treatment or in a program of
research operated under the direction of a physician or pharmacologist.
[;]
(2) "Administer" means the direct application of a controlled
substance, whether by injection, inhalation, ingestion or any other
means, to the body of a patient or research subject by: (A) A practitioner,
or, in [his] the practitioner's presence, by [his] the practitioner's
authorized agent, or (B) the patient or research subject at the direction
and in the presence of the practitioner, or (C) a nurse or intern under the
direction and supervision of a practitioner. [;] Substitute House Bill No. 6699
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(3) "Agent" means an authorized person who acts on behalf of or at
the direction of a manufacturer, distributor, dispenser or prescribing
practitioner, [. It] but does not include a common or contract carrier,
public warehouseman, or employee of the carrier or warehouseman. [;]
(4) "Amphetamine-type substances" include amphetamine, optical
isomers thereof, salts of amphetamine and its isomers, and chemical
compounds which are similar thereto in chemical structure or which are
similar thereto in physiological effect, and which show a like potential
for abuse, which are controlled substances under this chapter unless
modified. [;]
(5) "Barbiturate-type drugs" include barbituric acid and its salts,
derivatives thereof and chemical compounds which are similar thereto
in chemical structure or which are similar thereto in physiological effect,
and which show a like potential for abuse, which are controlled
substances under this chapter unless modified. [;]
(6) "Bureau" means the Bureau of Narcotics and Dangerous Drugs,
United States Department of Justice, or its successor agency. [;]
(7) "Cannabis-type substances" include all parts of any plant, or
species of the genus cannabis or any infra specific taxon thereof whether
growing or not; the seeds thereof; the resin extracted from any part of
such a plant; and every compound, manufacture, salt, derivative,
mixture or preparation of such plant, its seeds or resin; but shall not
include the mature stalks of such plant, fiber produced from such stalks,
oil or cake made from the seeds of such plant, any other compound,
manufacture, salt, derivative, mixture or preparation of such mature
stalks, except the resin extracted therefrom, fiber, oil or cake, the
sterilized seed of such plant which is incapable of germination, or hemp,
as defined in 7 USC 1639o, as amended from time to time. Included are
cannabinon, cannabinol, cannabidiol and chemical compounds which
are similar to cannabinon, cannabinol or cannabidiol in chemical Substitute House Bill No. 6699
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structure or which are similar thereto in physiological effect, and which
show a like potential for abuse, which are controlled substances under
this chapter unless derived from hemp, as defined in section 22-61l, as
amended by this act. [;]
(8) "Controlled drugs" are those drugs which contain any quantity of
a substance which has been designated as subject to the federal
Controlled Substances Act, or which has been designated as a
depressant or stimulant drug pursuant to federal food and drug laws,
or which has been designated by the Commissioner of Consumer
Protection pursuant to section 21a-243, as having a stimulant,
depressant or hallucinogenic effect upon the higher functions of the
central nervous system and as having a tendency to promote abuse or
psychological or physiological dependence, or both. Such controlled
drugs are classifiable as amphetamine-type, barbiturate-type, cannabis-
type, cocaine-type, hallucinogenic, morphine-type and other stimulant
and depressant drugs. Specifically excluded from controlled drugs and
controlled substances are alcohol, nicotine and caffeine. [;]
(9) "Controlled substance" means a drug, substance, or immediate
precursor in schedules I to V, inclusive, of the Connecticut controlled
substance scheduling regulations adopted pursuant to section 21a-243.
[;]
(10) "Counterfeit substance" means a controlled substance which, or
the container or labeling of which, without authorization, bears the
trademark, trade name or other identifying mark, imprint, number or
device, or any likeness thereof, of a manufacturer, distributor or
dispenser other than the person who in fact manufactured, distributed
or dispensed the substance. [;]
(11) "Deliver or delivery" means the actual, constructive or attempted
transfer from one person to another of a controlled substance, whether
or not there is an agency relationship. [;] Substitute House Bill No. 6699
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(12) "Dentist" means a person authorized by law to practice dentistry
in this state. [;]
(13) "Dispense" means to deliver a controlled substance to an ultimate
user or research subject by or pursuant to the lawful order of a
practitioner, including the prescribing, administering, packaging,
labeling or compounding necessary to prepare the substance for the
delivery. [;]
(14) "Dispenser" means a practitioner who dispenses. [;]
(15) "Distribute" means to deliver other than by administering or
dispensing a controlled substance. [;]
(16) "Distributor" means a person who distributes and includes a
wholesaler who is a person supplying or distributing controlled drugs
which [he himself] the person personally has not produced or prepared
to hospitals, clinics, practitioners, pharmacies, other wholesalers,
manufacturers and federal, state and municipal agencies. [;]
(17) "Drug" means (A) substances recognized as drugs in the official
United States Pharmacopoeia, official Homeopathic Pharmacopoeia of
the United States, or official National Formulary, or any supplement to
any of them; (B) substances intended for use in the diagnosis, cure,
mitigation, treatment or prevention of disease in man or animals; (C)
substances, other than food, intended to affect the structure or any
function of the body of man or animals; and (D) substances intended for
use as a component of any article specified in subparagraph (A), (B) or
(C) of this subdivision. It does not include devices or their components,
parts or accessories. [;]
(18) "Drug dependence" means a psychoactive substance dependence
on drugs as that condition is defined in the most recent edition of the
"Diagnostic and Statistical Manual of Mental Disorders" of the American
Psychiatric Association. [;] Substitute House Bill No. 6699
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(19) "Drug-dependent person" means a person who has a
psychoactive substance dependence on drugs as that condition is
defined in the most recent edition of the "Diagnostic and Statistical
Manual of Mental Disorders" of the American Psychiatric Association.
[;]
(20) (A) "Drug paraphernalia" means equipment, products and
materials of any kind that are used, intended for use or designed for use
in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packaging, repackaging, storing,
containing or concealing, or ingesting, inhaling or otherwise
introducing into the human body, any controlled substance contrary to
the provisions of this chapter, including, but not limited to: (i) Kits
intended for use or designed for use in planting, propagating,
cultivating, growing or harvesting of any species of plant that is a
controlled substance or from which a controlled substance can be
derived; (ii) kits used, intended for use or designed for use in
manufacturing, compounding, converting, producing, processing or
preparing controlled substances; (iii) isomerization devices used or
intended for use in increasing the potency of any species of plant that is
a controlled substance; (iv) testing equipment used, intended for use or
designed for use in identifying or analyzing the strength, effectiveness
or purity of controlled substances; (v) dilutents and adulterants,
including, but not limited to, quinine hydrochloride, mannitol, mannite,
dextrose and lactose used, intended for use or designed for use in
cutting controlled substances; (vi) separation gins and sifters used,
intended for use or designed for use in removing twigs and seeds from,
or in otherwise cleaning or refining, marijuana; (vii) capsules and other
containers used, intended for use or designed for use in packaging small
quantities of controlled substances; (viii) containers and other objects
used, intended for use or designed for use in storing or concealing
controlled substances; and (ix) objects used, intended for use or Substitute House Bill No. 6699
Public Act No. 23-79 6 of 136
designed for use in ingesting, inhaling, or otherwise introducing
marijuana, cocaine, hashish, or hashish oil into the human body,
including, but not limited to, wooden, acrylic, glass, stone, plastic or
ceramic pipes with screens, permanent screens, hashish heads or
punctured metal bowls; water pipes; carburetion tubes and devices;
smoking and carburetion masks; roach clips; miniature cocaine spoons
and cocaine vials; chamber pipes; carburetor pipes; electric pipes; air-
driven pipes; chillums; bongs; ice pipes and chillers. "Drug
paraphernalia" does not include a product used by a manufacturer
licensed pursuant to this chapter for the activities permitted under the
license or by an individual to test any substance prior to injection,
inhalation or ingestion of the substance to prevent accidental overdose
by injection, inhalation or ingestion of the substance, provided the
licensed manufacturer or individual is not using the product to engage
in the unlicensed manufacturing or distribution of controlled
substances. As used in this subdivision, "roach clip" means an object
used to hold burning material, including, but not limited to, a marijuana
cigarette, that has become too small or too short to be held between the
fingers. [;]
(B) "Factory" means any place used for the manufacturing, mixing,
compounding, refining, processing, packaging, distributing, storing,
keeping, holding, administering or assembling illegal substances
contrary to the provisions of this chapter, or any building, rooms or
location which contains equipment or paraphernalia used for this
purpose. [;]
(21) "Federal Controlled Substances Act, 21 USC 801 et seq." means
Public Law 91-513, the Comprehensive Drug Abuse Prevention and
Control Act of 1970. [;]
(22) "Federal food and drug laws" means the federal Food, Drug and
Cosmetic Act, as amended, Title 21 USC 301 et seq. [;] Substitute House Bill No. 6699
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(23) "Hallucinogenic substances" are psychodysleptic substances,
other than cannabis-type substances, which assert a confusional or
disorganizing effect upon mental processes or behavior and mimic
acute psychotic disturbances. Exemplary of such drugs are mescaline,
peyote, psilocyn and d-lysergic acid diethylamide, which are controlled
substances under this chapter unless modified. [;]
(24) "Hospital", as used in sections 21a-243 to 21a-283, inclusive,
means an institution for the care and treatment of the sick and injured,
approved by the Department of Public Health or the Department of
Mental Health and Addiction Services as proper to be entrusted with
the custody of controlled drugs and substances and professional use of
controlled drugs and substances under the direction of a licensed
practitioner. [;]
(25) "Intern" means a person who holds a degree of doctor of
medicine or doctor of dental surgery or medicine and whose period of
service has been recorded with the Department of Public Health and
who has been accepted and is participating in training by a hospital or
institution in this state. Doctors meeting the foregoing requirements and
commonly designated as "residents" and "fellows" shall be regarded as
interns for purposes of this chapter. [;]
(26) "Immediate precursor" means a substance which the
Commissioner of Consumer Protection has found to be, and by
regulation designates as being, the principal compound commonly used
or produced primarily for use, and which is an immediate chemical
intermediary used or likely to be used, in the manufacture of a
controlled substance, the control of which is necessary to prevent, curtail
or limit manufacture. [;]
(27) "Laboratory" means a laboratory approved by the Department of
Consumer Protection as proper to be entrusted with the custody of
controlled substances and the use of controlled substances for scientific Substitute House Bill No. 6699
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and medical purposes and for purposes of instruction, research or
analysis. [;]
(28) "Manufacture" means the production, preparation, cultivation,
growing, propagation, compounding, conversion or processing of a
controlled substance, either directly or indirectly by extraction from
substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis, and
includes any packaging or repackaging of the substance or labeling or
relabeling of its container, except that this term does not include the
preparation or compounding of a controlled substance by an individual
for [his] the individual's own use or the preparation, compounding,
packaging or labeling of a controlled substance: (A) By a practitioner as
an incident to [his] the practitioner administering or dispensing of a
controlled substance in the course of [his] such practitioner's
professional practice, or (B) by a practitioner, or by [his] the
practitioner's authorized agent under [his] such practitioner's
supervision, for the purpose of, or as an incident to, research, teaching
or chemical analysis and not for sale. [;]
(29) "Marijuana" means all parts of any plant, or species of the genus
cannabis or any infra specific taxon thereof, whether growing or not; the
seeds thereof; the resin extracted from any part of the plant; every
compound, manufacture, salt, derivative, mixture, or preparation of
such plant, its seeds or resin, any [product made using hemp, as defined
in section 22-61l, which exceeds three-tenths per cent total THC
concentration on a dry-weight basis] high-THC hemp product;
manufactured cannabinoids, synthetic cannabinoids, except as
provided in subparagraph (E) of this subdivision; or cannabinon,
cannabinol or cannabidiol and chemical compounds which are similar
to cannabinon, cannabinol or cannabidiol in chemical structure or which
are similar thereto in physiological effect, which are controlled
substances under this chapter, except cannabidiol derived from hemp, Substitute House Bill No. 6699
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as defined in section 22-61l, as amended by this act, [with a total THC
concentration of not more than three-tenths per cent on a dry-weight
basis] that is not a high-THC hemp product. "Marijuana" does not
include: (A) The mature stalks of such plant, fiber produced from such
stalks, oil or cake made from the seeds of such plant, any other
compound, manufacture, salt, derivative, mixture or preparation of
such mature stalks, except the resin extracted from such mature stalks
or fiber, oil or cake; (B) the sterilized seed of such plant which is
incapable of germination; (C) hemp, as defined in section 22-61l, as
amended by this act, (i) with a total THC concentration of not more than
three-tenths per cent on a dry-weight basis, and (ii) that is not a high-
THC hemp product; (D) any substance approved by the federal Food
and Drug Administration or successor agency as a drug and reclassified
in any schedule of controlled substances or unscheduled by the federal
Drug Enforcement Administration or successor agency which is
included in the same schedule designated by the federal Drug
Enforcement Administration or successor agency; or (E) synthetic
cannabinoids which are controlled substances that are designated by the
Commissioner of Consumer Protection, by whatever official, common,
usual, chemical or trade name designation, as controlled substances and
are classified in the appropriate schedule in accordance with
subsections (i) and (j) of section 21a-243. [;]
(30) "Narcotic substance" means any of the following, whether
produced directly or indirectly by extraction from a substance of
vegetable origin, or independently by means of chemical synthesis, or
by a combination of extraction and chemical synthesis: (A) Morphine-
type: (i) Opium or opiate, or any salt, compound, derivative, or
preparation of opium or opiate which is similar to any such substance
in chemical structure or which is similar to any such substance in
physiological effect and which shows a like potential for abuse, which
is a controlled substance under this chapter unless modified; (ii) any
salt, compound, isomer, derivative, or preparation of any such Substitute House Bill No. 6699
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substance which is chemically equivalent or identical to any substance
referred to in clause (i) of this subdivision, but not including the
isoquinoline alkaloids of opium; (iii) opium poppy or poppy straw; or
(iv) (I) fentanyl or any salt, compound, derivative or preparation of
fentanyl which is similar to any such substance in chemical structure or
which is similar to any such substance in physiological effect and which
shows a like potential for abuse, which is a controlled substance under
this chapter unless modified, or (II) any salt, compound, isomer,
derivative or preparation of any such substance which is chemically
equivalent or identical to any substance referred to in subclause (I) of
this clause; or (B) cocaine-type; coca leaves or any salt, compound,
derivative or preparation of coca leaves, or any salt, compound, isomer,
derivatives or preparation of any such substance which is chemically
equivalent or identical to any such substance or which is similar to any
such substance in physiological effect and which shows a like potential
for abuse, but not including decocainized coca leaves or extractions of
coca leaves which do not contain cocaine or ecgonine. [;]
(31) "Nurse" means a person performing nursing as defined in section
20-87a. [;]
(32) "Official written order" means an order for controlled substances
written on a form provided by the bureau for that purpose under the
federal Controlled Substances Act. [;]
(33) "Opiate" means any substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being capable of
conversion into a drug having addiction-forming or addiction-
sustaining liability; it does not include, unless specifically designated as
controlled under this chapter, the dextrorotatory isomer of 3-methoxy-
n-methylmorthinan and its salts (dextro-methorphan) but shall include
its racemic and levorotatory forms. [;]
(34) "Opium poppy" means the plant of the species papaver Substitute House Bill No. 6699
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somniferum l., except its seed. [;]
(35) Repealed by P.A. 99-102, S. 51. [;]
(36) "Other stimulant and depressant drugs" means controlled
substances other than amphetamine-type, barbiturate-type, cannabis-
type, cocaine-type, hallucinogenics and morphine-type which are found
to exert a stimulant and depressant effect upon the higher functions of
the central nervous system and which are found to have a potential for
abuse and are controlled substances under this chapter. [;]
(37) "Person" includes any corporation, limited liability company,
association or partnership, or one or more individuals, government or
governmental subdivisions or agency, business trust, estate, trust, or
any other legal entity. Words importing the plural number may include
the singular; words importing the masculine gender may be applied to
females. [;]
(38) "Pharmacist" means a person authorized by law to practice
pharmacy pursuant to section 20-590, 20-591, 20-592 or 20-593. [;]
(39) "Pharmacy" means an establishment licensed pursuant to section
20-594. [;]
(40) "Physician" means a person authorized by law to practice
medicine in this state pursuant to section 20-9. [;]
(41) "Podiatrist" means a person authorized by law to practice
podiatry in this state. [;]
(42) "Poppy straw" means all parts, except the seeds, of the opium
poppy, after mowing. [;]
(43) "Practitioner" means: (A) A physician, dentist, veterinarian,
podiatrist, scientific investigator or other person licensed, registered or
otherwise permitted to distribute, dispense, conduct research with Substitute House Bill No. 6699
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respect to or to administer a controlled substance in the course of
professional practice or research in this state; (B) a pharmacy, hospital
or other institution licensed, registered or otherwise permitted to
distribute, dispense, conduct research with respect to or to administer a
controlled substance in the course of professional practice or research in
this state. [;]
(44) "Prescribe" means order or designate a remedy or any
preparation containing controlled substances. [;]
(45) "Prescription" means a written, oral or electronic order for any
controlled substance or preparation from a licensed practitioner to a
pharmacist for a patient. [;]
(46) "Production" includes the manufacture, planting, cultivation,
growing or harvesting of a controlled substance. [;]
(47) "Registrant" means any person licensed by this state and
assigned a current federal Bureau of Narcotics and Dangerous Drug
Registry Number as provided under the federal Controlled Substances
Act. [;]
(48) "Registry number" means the alphabetical or numerical
designation of identification assigned to a person by the federal Drug
Enforcement Administration, or other federal agency, which is
commonly known as the federal registry number. [;]
(49) "Restricted drugs or substances" are the following substances
without limitation and for all purposes: Datura stramonium;
hyoscyamus niger; atropa belladonna, or the alkaloids atropine;
hyoscyamine; belladonnine; apatropine; or any mixture of these
alkaloids such as daturine, or the synthetic homatropine or any salts of
these alkaloids, except that any drug or preparation containing any of
the above-mentioned substances which is permitted by federal food and
drug laws to be sold or dispensed without a prescription or written Substitute House Bill No. 6699
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order shall not be a controlled substance; amyl nitrite; the following
volatile substances to the extent that said chemical substances or
compounds containing said chemical substances are sold, prescribed,
dispensed, compounded, possessed or controlled or delivered or
administered to another person with the purpose that said chemical
substances shall be breathed, inhaled, sniffed or drunk to induce a
stimulant, depressant or hallucinogenic effect upon the higher functions
of the central nervous system: Acetone; benzene; butyl alcohol; butyl
nitrate and its salts, isomers, esters, ethers or their salts; cyclohexanone;
dichlorodifluoromethane; ether; ethyl acetate; formaldehyde; hexane;
isopropanol; methanol; methyl cellosolve acetate; methyl ethyl ketone;
methyl isobutyl ketone; nitrous oxide; pentochlorophenol; toluene;
toluol; trichloroethane; trichloroethylene; 1,4 butanediol. [;]
(50) "Sale" is any form of delivery which includes barter, exchange or
gift, or offer therefor, and each such transaction made by any person
whether as principal, proprietor, agent, servant or employee. [;]
(51) "State", when applied to a part of the United States, includes any
state, district, commonwealth, territory or insular possession thereof,
and any area subject to the legal authority of the United States of
America. [;]
(52) "State food, drug and cosmetic laws" means the Uniform Food,
Drug and Cosmetic Act, section 21a-91 et seq. [;]
(53) "Ultimate user" means a person who lawfully possesses a
controlled substance for [his] the person's own use or for the use of a
member of [his] such person's household or for administering to an
animal owned by [him] such person or by a member of [his] such
person's household. [;]
(54) "Veterinarian" means a person authorized by law to practice
veterinary medicine in this state. [;] Substitute House Bill No. 6699
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(55) "Wholesaler" means a distributor or a person who supplies
controlled substances that [he himself] the person personally has not
produced or prepared to registrants. [as defined in subdivision (47) of
this section;]
(56) "Reasonable times" means the time or times any office, care-
giving institution, pharmacy, clinic, wholesaler, manufacturer,
laboratory, warehouse, establishment, store or place of business, vehicle
or other place is open for the normal affairs or business or the practice
activities usually conducted by the registrant. [;]
(57) "Unit dose drug distribution system" means a drug distribution
system used in a hospital or chronic and convalescent nursing home in
which drugs are supplied in individually labeled unit of use packages,
each patient's supply of drugs is exchanged between the hospital
pharmacy and the drug administration area or, in the case of a chronic
and convalescent nursing home between a pharmacy and the drug
administration area, at least once each twenty-four hours and each
patient's medication supply for this period is stored within a patient-
specific container, all of which is conducted under the direction of a
pharmacist licensed in Connecticut and, in the case of a hospital, directly
involved in the provision and supervision of pharmaceutical services at
such hospital at least thirty-five hours each week. [;]
(58) "Cocaine in a free-base form" means any substance which
contains cocaine, or any compound, isomer, derivative or preparation
thereof, in a nonsalt form.
(59) "THC" means tetrahydrocannabinol, including, but not limited
to, delta-7, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol
and delta-10-tetrahydrocannabinol, and any material, compound,
mixture or preparation which contain their salts, isomers and salts of
isomers, whenever the existence of such salts, isomers and salts of
isomers is possible within the specific chemical designation, regardless Substitute House Bill No. 6699
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of the source, except: (A) Dronabinol substituted in sesame oil and
encapsulated in a soft gelatin capsule in a federal Food and Drug
Administration or successor agency approved product, or (B) any
tetrahydrocannabinol product that has been approved by the federal
Food and Drug Administration or successor agency to have a medical
use and reclassified in any schedule of controlled substances or
unscheduled by the federal Drug Enforcement Administration or
successor agency.
(60) "Total THC" means the sum of the percentage by weight of
tetrahydrocannabinolic acid, multiplied by eight hundred seventy-
seven-thousandths, plus the percentage of weight of
[tetrahydrocannabinol] THC.
(61) "Manufactured cannabinoid" means cannabinoids naturally
occurring from a source other than marijuana that are similar in
chemical structure or physiological effect to cannabinoids derived from
marijuana, as defined in section 21a-243, but are derived by a chemical
or biological process.
(62) "Synthetic cannabinoid" means any material, compound, mixture
or preparation which contains any quantity of a substance having a
psychotropic response primarily by agonist activity at cannabinoid-
specific receptors affecting the central nervous system that is produced
artificially and not derived from an organic source naturally containing
cannabinoids, unless listed in another schedule pursuant to section 21a-
243.
(63) "High-THC hemp product" means a manufacturer hemp
product, as defined in section 22-61l, as amended by this act, that has, or
is advertised, labeled or offered for sale as having, total THC that
exceeds (A) for a hemp edible, hemp topical or hemp transdermal patch
(i) one milligram on a per-serving basis, or (ii) five milligrams on a per-
container basis, (B) for a hemp tincture, including, but not limited to, oil Substitute House Bill No. 6699
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intended for ingestion by swallowing, buccal administration or
sublingual absorption (i) one milligram on a per-serving basis, or (ii)
twenty-five milligrams on a per-container basis, (C) for a hemp
concentrate or extract, including, but not limited to, a vape oil, wax or
shatter, twenty-five milligrams on a per-container basis, or (D) for a
manufacturer hemp product not described in subparagraph (A), (B) or
(C) of this subdivision, (i) one milligram on a per-serving basis, (ii) five
milligrams on a per-container basis, or (iii) three-tenths per cent on a
dry-weight basis for cannabis flower or cannabis trim.
Sec. 2. Subsection (a) of section 10-19 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(a) The knowledge, skills and attitudes required to understand and
avoid the effects of alcohol, of nicotine or tobacco and of drugs, as
defined in [subdivision (17) of] section 21a-240, as amended by this act,
on health, character, citizenship and personality development shall be
taught every academic year to pupils in all grades in the public schools;
and, in teaching such subjects, textbooks and such other materials as are
necessary shall be used. Annually, at such time and in such manner as
the Commissioner of Education shall request, each local and regional
board of education shall attest to the State Board of Education that all
pupils enrolled in its schools have been taught such subjects pursuant
to this subsection and in accordance with a planned, ongoing and
systematic program of instruction. The content and scheduling of
instruction shall be within the discretion of the local or regional board
of education. Institutions of higher education approved by the State
Board of Education to train teachers shall give instruction on the
subjects prescribed in this section and concerning the best methods of
teaching the same. The State Board of Education and the Board of
Regents for Higher Education in consultation with the Commissioner of
Mental Health and Addiction Services and the Commissioner of Public Substitute House Bill No. 6699
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Health shall develop health education or other programs for elementary
and secondary schools and for the training of teachers, administrators
and guidance personnel with reference to understanding and avoiding
the effects of nicotine or tobacco, alcohol and drugs.
Sec. 3. Subsection (a) of section 10-220a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(a) Each local or regional board of education shall provide an in-
service training program for its teachers, administrators and pupil
personnel who hold the initial educator, provisional educator or
professional educator certificate. Such program shall provide such
teachers, administrators and pupil personnel with information on (1)
the nature and the relationship of alcohol and drugs, as defined in
[subdivision (17) of] section 21a-240, as amended by this act, to health
and personality development, and procedures for discouraging their
abuse, (2) health and mental health risk reduction education that
includes, but need not be limited to, the prevention of risk-taking
behavior by children and the relationship of such behavior to substance
abuse, pregnancy, sexually transmitted diseases, including HIV-
infection and AIDS, as defined in section 19a-581, violence, teen dating
violence, domestic violence and child abuse, (3) school violence
prevention, conflict resolution, the prevention of and response to youth
suicide and the identification and prevention of and response to
bullying, as defined in subsection (a) of section 10-222d, except that
those boards of education that implement any evidence-based model
approach that is approved by the Department of Education and is
consistent with subsection (c) of section 10-145a, sections 10-222d, 10-
222g and 10-222h, subsection (g) of section 10-233c and sections 1 and 3
of public act 08-160, shall not be required to provide in-service training
on the identification and prevention of and response to bullying, (4)
cardiopulmonary resuscitation and other emergency life saving Substitute House Bill No. 6699
Public Act No. 23-79 18 of 136
procedures, (5) the requirements and obligations of a mandated
reporter, (6) the detection and recognition of, and evidence-based
structured literacy interventions for, students with dyslexia, as defined
in section 10-3d, (7) culturally responsive pedagogy and practice,
including, but not limited to, the video training module relating to
implicit bias and anti-bias in the hiring process in accordance with the
provisions of section 10-156hh, and (8) the principles and practices of
social-emotional learning and restorative practices. Each local or
regional board of education may allow any paraprofessional or
noncertified employee to participate, on a voluntary basis, in any in-
service training program provided pursuant to this section.
Sec. 4. Subsection (e) of section 10-221 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(e) Each local and regional board of education shall develop, adopt
and implement policies and procedures in conformity with section 10-
154a for (1) dealing with the use, sale or possession of alcohol or
controlled drugs, as defined in [subdivision (8) of] section 21a-240, as
amended by this act, by public school students on school property,
including a process for coordination with, and referral of such students
to, appropriate agencies, and (2) cooperating with law enforcement
officials. On and after January 1, 2022, no such policies and procedures
shall result in a student facing greater discipline, punishment or
sanction for use, sale or possession of cannabis than a student would
face for the use, sale or possession of alcohol.
Sec. 5. Subsections (a) to (e), inclusive, of section 10-233d of the
general statutes are repealed and the following is substituted in lieu
thereof (Effective July 1, 2023):
(a) (1) Any local or regional board of education, at a meeting at which
three or more members of such board are present, or the impartial Substitute House Bill No. 6699
Public Act No. 23-79 19 of 136
hearing board established pursuant to subsection (b) of this section, may
expel, subject to the provisions of this subsection, any pupil in grades
three to twelve, inclusive, whose conduct on school grounds or at a
school-sponsored activity is violative of a publicized policy of such
board and is seriously disruptive of the educational process or
endangers persons or property or whose conduct off school grounds is
violative of such policy and is seriously disruptive of the educational
process, provided a majority of the board members sitting in the
expulsion hearing vote to expel and that at least three affirmative votes
for expulsion are cast. In making a determination as to whether conduct
is seriously disruptive of the educational process, the board of education
or impartial hearing board may consider, but such consideration shall
not be limited to: (A) Whether the incident occurred within close
proximity of a school; (B) whether other students from the school were
involved or whether there was any gang involvement; (C) whether the
conduct involved violence, threats of violence or the unlawful use of a
weapon, as defined in section 29-38, and whether any injuries occurred;
and (D) whether the conduct involved the use of alcohol.
(2) Expulsion proceedings pursuant to this section, except as
provided in subsection (i) of this section, shall be required for any pupil
in grades kindergarten to twelve, inclusive, whenever there is reason to
believe that any pupil (A) on school grounds or at a school-sponsored
activity, was in possession of a firearm, as defined in 18 USC 921, as
amended from time to time, or deadly weapon, dangerous instrument
or martial arts weapon, as defined in section 53a-3, (B) off school
grounds, did possess such a firearm in violation of section 29-35 or did
possess and use such a firearm, instrument or weapon in the
commission of a crime under chapter 952, or (C) on or off school
grounds, offered for sale or distribution a controlled substance, as
defined in [subdivision (9) of] section 21a-240, as amended by this act,
whose manufacture, distribution, sale, prescription, dispensing,
transporting or possessing with intent to sell or dispense, offering, or Substitute House Bill No. 6699
Public Act No. 23-79 20 of 136
administering is subject to criminal penalties under sections 21a-277 and
21a-278. Such a pupil shall be expelled for one calendar year if the local
or regional board of education or impartial hearing board finds that the
pupil did so possess or so possess and use, as appropriate, such a
firearm, instrument or weapon or did so offer for sale or distribution
such a controlled substance, provided the board of education or the
hearing board may modify the period of expulsion for a pupil on a case-
by-case basis, and as provided for in subdivision (2) of subsection (c) of
this section.
(3) Unless an emergency exists, no pupil shall be expelled without a
formal hearing held pursuant to sections 4-176e to 4-180a, inclusive, and
section 4-181a, provided whenever such pupil is a minor, the notice
required by section 4-177 and section 4-180 shall also be given to the
parents or guardian of the pupil at least five business days before such
hearing. If an emergency exists, such hearing shall be held as soon after
the expulsion as possible. The notice shall include information
concerning the parent's or guardian's and the pupil's legal rights and
concerning legal services provided free of charge or at a reduced rate
that are available locally and how to access such services. An attorney
or other advocate may represent any pupil subject to expulsion
proceedings. The parent or guardian of the pupil shall have the right to
have the expulsion hearing postponed for up to one week to allow time
to obtain representation, except that if an emergency exists, such hearing
shall be held as soon after the expulsion as possible.
(b) For purposes of conducting expulsion hearings as required by
subsection (a) of this section, any local or regional board of education or
any two or more of such boards in cooperation may establish an
impartial hearing board of one or more persons. No member of any such
board or boards shall be a member of the hearing board. The hearing
board shall have the authority to conduct the expulsion hearing and
render a final decision in accordance with the provisions of sections 4- Substitute House Bill No. 6699
Public Act No. 23-79 21 of 136
176e to 4-180a, inclusive, and section 4-181a.
(c) (1) In determining the length of an expulsion and the nature of the
alternative educational opportunity to be offered under subsection (d)
of this section, the local or regional board of education, or the impartial
hearing board established pursuant to subsection (b) of this section, may
receive and consider evidence of past disciplinary problems that have
led to removal from a classroom, suspension or expulsion of such pupil.
(2) For any pupil expelled for the first time pursuant to this section
and who has never been suspended pursuant to section 10-233c, except
for a pupil who has been expelled based on possession of a firearm or
deadly weapon as described in subsection (a) of this section, the local or
regional board of education may shorten the length of or waive the
expulsion period if the pupil successfully completes a board-specified
program and meets any other conditions required by the board. Such
board-specified program shall not require the pupil or the parent or
guardian of the pupil to pay for participation in the program.
(d) No local or regional board of education is required to offer an
alternative educational opportunity, except in accordance with this
section. Any pupil under sixteen years of age who is expelled shall be
offered an alternative educational opportunity, which shall be (1)
alternative education, as defined by section 10-74j, with an
individualized learning plan, if such board provides such alternative
education, or (2) in accordance with the standards adopted by the State
Board of Education, pursuant to section 10-233o, during the period of
expulsion, provided any parent or guardian of such pupil who does not
choose to have [his or her] such parent's or guardian's child enrolled in
an alternative educational opportunity shall not be subject to the
provisions of section 10-184. Any pupil expelled for the first time who
is between the ages of sixteen and eighteen and who wishes to continue
[his or her] such pupil's education shall be offered such an alternative
educational opportunity if [he or she] such pupil complies with Substitute House Bill No. 6699
Public Act No. 23-79 22 of 136
conditions established by [his or her] such pupil's local or regional board
of education. Such alternative educational opportunity may include, but
shall not be limited to, the placement of a pupil who is at least seventeen
years of age in an adult education program pursuant to section 10-69.
Any pupil participating in any such adult education program during a
period of expulsion shall not be required to withdraw from school under
section 10-184. A local or regional board of education shall count the
expulsion of a pupil when [he] the pupil was under sixteen years of age
for purposes of determining whether an alternative educational
opportunity is required for such pupil when [he] such pupil is between
the ages of sixteen and eighteen. A local or regional board of education
may offer an alternative educational opportunity to a pupil for whom
such alternative educational opportunity is not required pursuant to
this section.
(e) If a pupil is expelled pursuant to this section for possession of a
firearm, as defined in 18 USC 921, as amended from time to time, or
deadly weapon, dangerous instrument or martial arts weapon, as
defined in section 53a-3, the board of education shall report the violation
to the local police department or in the case of a student enrolled in a
technical education and career school to the state police. If a pupil is
expelled pursuant to this section for the sale or distribution of a
controlled substance, as defined in [subdivision (9) of] section 21a-240,
as amended by this act, whose manufacture, distribution, sale,
prescription, dispensing, transporting or possessing with the intent to
sell or dispense, offering, or administration is subject to criminal
penalties under sections 21a-277 and 21a-278, the board of education
shall refer the pupil to an appropriate state or local agency for
rehabilitation, intervention or job training, or any combination thereof,
and inform the agency of its action.
Sec. 6. Section 10a-18 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023): Substitute House Bill No. 6699
Public Act No. 23-79 23 of 136
On and after September 1, 1974, all state institutions of higher
education shall offer a program of information concerning drugs, as
defined in [subdivision (17) of] section 21a-240, as amended by this act,
and alcohol and instruction in the use and the relationships of such
drugs and alcohol to health and personality development, and in
procedures for discouraging their abuse, which programs shall be
coordinated with those developed under section 10-19, as amended by
this act.
Sec. 7. Subdivision (4) of subsection (a) of section 10a-55c of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2023):
(4) A statement of policy regarding the possession, use and sale of
alcoholic beverages and controlled substances, as defined in
[subdivision (9) of] section 21a-240, as amended by this act;
Sec. 8. Subsection (b) of section 20-34 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(b) For purposes of subsection (a) of this section, "natural substances"
means substances that are not narcotic substances, as defined in
[subdivision (30) of] section 21a-240, as amended by this act, do not
require the written or oral prescription of a licensed practitioner to be
dispensed and are only administered orally.
Sec. 9. Subsection (a) of section 21a-248 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(a) A licensed manufacturer or wholesaler may sell and dispense
controlled drugs to any of the following-named persons, but in the case
of schedule II drugs only on an official written order or electronically
through the Drug Enforcement Agency's Controlled Substance Substitute House Bill No. 6699
Public Act No. 23-79 24 of 136
Ordering System: (1) To a manufacturer, wholesaler or pharmacist; (2)
to a physician, dentist or veterinarian; (3) to a person in charge of a
hospital, incorporated college or scientific institution, but only for use
by or in that hospital, incorporated college or scientific institution for
medical or scientific purposes; (4) to a person in charge of a laboratory,
but only for use in that laboratory for scientific and medical purposes;
and (5) to any registrant as defined in [subdivision (47) of] section 21a-
240, as amended by this act.
Sec. 10. Subsection (a) of section 21a-267 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(a) No person shall use or possess with intent to use drug
paraphernalia, as defined in subdivision (20) of section 21a-240, as
amended by this act, to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test,
analyze, pack, repack, store, contain or conceal, or to ingest, inhale or
otherwise introduce into the human body, any controlled substance, as
defined in [subdivision (9) of] section 21a-240, as amended by this act,
other than cannabis. Any person who violates any provision of this
subsection shall be guilty of a class C misdemeanor.
Sec. 11. Section 21a-408 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
As used in this section, sections 21a-408a to 21a-408o, inclusive, and
sections 21a-408r to 21a-408v, inclusive, as amended by this act, unless
the context otherwise requires:
(1) "Advanced practice registered nurse" means an advanced practice
registered nurse licensed pursuant to chapter 378;
(2) "Cannabis establishment" has the same meaning as provided in
section 21a-420, as amended by this act; Substitute House Bill No. 6699
Public Act No. 23-79 25 of 136
(3) "Cannabis testing laboratory" means a person who (A) is located
in this state, (B) is licensed by the department to analyze marijuana, and
(C) meets the licensure requirements established in section 21a-408r, as
amended by this act, and the regulations adopted pursuant to
subsection (d) of section 21a-408r, as amended by this act;
(4) "Cannabis testing laboratory employee" means a person who is
(A) employed at a cannabis testing laboratory, and (B) registered
pursuant to section 21a-408r, as amended by this act, and the regulations
adopted pursuant to subsection (d) of section 21a-408r, as amended by
this act;
(5) "Caregiver" means a person, other than the qualifying patient and
the qualifying patient's physician, physician assistant or advanced
practice registered nurse, who is eighteen years of age or older and has
agreed to undertake responsibility for managing the well-being of the
qualifying patient with respect to the palliative use of marijuana,
provided (A) in the case of a qualifying patient (i) under eighteen years
of age and not an emancipated minor, or (ii) otherwise lacking legal
capacity, such person shall be a parent, guardian or person having legal
custody of such qualifying patient, and (B) in the case of a qualifying
patient eighteen years of age or older or an emancipated minor, the need
for such person shall be evaluated by the qualifying patient's physician,
physician assistant or advanced practice registered nurse and such need
shall be documented in the written certification;
[(3)] (6) "Cultivation" includes planting, propagating, cultivating,
growing and harvesting;
[(4)] (7) "Debilitating medical condition" means (A) cancer, glaucoma,
positive status for human immunodeficiency virus or acquired immune
deficiency syndrome, Parkinson's disease, multiple sclerosis, damage to
the nervous tissue of the spinal cord with objective neurological
indication of intractable spasticity, epilepsy or uncontrolled intractable Substitute House Bill No. 6699
Public Act No. 23-79 26 of 136
seizure disorder, cachexia, wasting syndrome, Crohn's disease,
posttraumatic stress disorder, irreversible spinal cord injury with
objective neurological indication of intractable spasticity, cerebral palsy,
cystic fibrosis or terminal illness requiring end-of-life care, except, if the
qualifying patient is under eighteen years of age, "debilitating medical
condition" means terminal illness requiring end-of-life care, irreversible
spinal cord injury with objective neurological indication of intractable
spasticity, cerebral palsy, cystic fibrosis, severe epilepsy or uncontrolled
intractable seizure disorder, or (B) any medical condition, medical
treatment or disease approved for qualifying patients by the
Department of Consumer Protection and posted online pursuant to
section 21a-408l;
[(5)] (8) "Dispensary facility" means a place of business where
marijuana may be dispensed, sold or distributed in accordance with this
chapter and any regulations adopted thereunder to qualifying patients
and caregivers and for which the department has issued a dispensary
facility license pursuant to this chapter;
[(6)] (9) "Employee" has the same meaning as provided in section 21a-
420, as amended by this act;
[(7)] (10) "Institutional animal care and use committee" means a
committee that oversees an organization's animal program, facilities
and procedures to ensure compliance with federal policies, guidelines
and principles related to the care and use of animals in research;
[(8)] (11) "Institutional review board" means a specifically constituted
review body established or designated by an organization to protect the
rights and welfare of persons recruited to participate in biomedical,
behavioral or social science research;
[(9) "Laboratory" means a laboratory located in the state that is
licensed by the department to provide analysis of marijuana and that Substitute House Bill No. 6699
Public Act No. 23-79 27 of 136
meets the licensure requirements set forth in section 21a-246;
(10) "Laboratory employee" means a person who is registered as a
laboratory employee pursuant to section 21a-408r;]
[(11)] (12) "Licensed dispensary" or "dispensary" means an individual
who is a licensed pharmacist employed by a dispensary facility or
hybrid retailer;
[(12) "Producer" means a person who is licensed as a producer
pursuant to section 21a-408i;]
(13) "Marijuana" means marijuana, as defined in section 21a-240, as
amended by this act;
(14) "Nurse" means a person who is licensed as a nurse under chapter
378;
(15) "Palliative use" means the acquisition, distribution, transfer,
possession, use or transportation of marijuana or paraphernalia relating
to marijuana, including the transfer of marijuana and paraphernalia
relating to marijuana from the patient's caregiver to the qualifying
patient, to alleviate a qualifying patient's symptoms of a debilitating
medical condition or the effects of such symptoms, but does not include
any such use of marijuana by any person other than the qualifying
patient;
(16) "Paraphernalia" means drug paraphernalia, as defined in section
21a-240, as amended by this act;
(17) "Physician" means a person who is licensed as a physician under
chapter 370;
(18) "Physician assistant" means a person who is licensed as a
physician assistant under chapter 370; Substitute House Bill No. 6699
Public Act No. 23-79 28 of 136
[(19) "Caregiver" means a person, other than the qualifying patient
and the qualifying patient's physician, physician assistant or advanced
practice registered nurse, who is eighteen years of age or older and has
agreed to undertake responsibility for managing the well-being of the
qualifying patient with respect to the palliative use of marijuana,
provided (A) in the case of a qualifying patient (i) under eighteen years
of age and not an emancipated minor, or (ii) otherwise lacking legal
capacity, such person shall be a parent, guardian or person having legal
custody of such qualifying patient, and (B) in the case of a qualifying
patient eighteen years of age or older or an emancipated minor, the need
for such person shall be evaluated by the qualifying patient's physician,
physician assistant or advanced practice registered nurse and such need
shall be documented in the written certification;]
(19) "Producer" means a person who is licensed as a producer
pursuant to section 21a-408i;
(20) "Qualifying patient" means a person who: (A) Is a resident of
Connecticut, (B) has been diagnosed by a physician, physician assistant
or advanced practice registered nurse as having a debilitating medical
condition, and (C) (i) is eighteen years of age or older, (ii) is an
emancipated minor, or (iii) has written consent from a custodial parent,
guardian or other person having legal custody of such person that
indicates that such person has permission from such parent, guardian
or other person for the palliative use of marijuana for a debilitating
medical condition and that such parent, guardian or other person will
(I) serve as a caregiver for the qualifying patient, and (II) control the
acquisition and possession of marijuana and any related paraphernalia
for palliative use on behalf of such person. "Qualifying patient" does not
include an inmate confined in a correctional institution or facility under
the supervision of the Department of Correction;
(21) "Research program" means a study approved by the Department
of Consumer Protection in accordance with this chapter and undertaken Substitute House Bill No. 6699
Public Act No. 23-79 29 of 136
to increase information or knowledge regarding the growth or
processing of marijuana, or the medical attributes, dosage forms,
administration or use of marijuana to treat or alleviate symptoms of any
medical conditions or the effects of such symptoms;
(22) "Research program employee" means a person who (A) is
registered as a research program employee under section 21a-408t, or
(B) holds a temporary certificate of registration issued pursuant to
section 21a-408t;
(23) "Research program subject" means a person registered as a
research program subject pursuant to section 21a-408v;
(24) "Usable marijuana" means the dried leaves and flowers of the
marijuana plant, and any mixtures or preparations of such leaves and
flowers, that are appropriate for the palliative use of marijuana, but does
not include the seeds, stalks and roots of the marijuana plant; and
(25) "Written certification" means a written certification issued by a
physician, physician assistant or advanced practice registered nurse
pursuant to section 21a-408c.
Sec. 12. Subsection (a) of section 21a-408b of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(a) No person may serve as a caregiver for a qualifying patient [(1)]
unless such qualifying patient has a valid registration certificate from
the Department of Consumer Protection pursuant to subsection (a) of
section 21a-408d. [, and (2) if such person has been convicted of a
violation of any law pertaining to the illegal manufacture, sale or
distribution of a controlled substance.] A caregiver may not be
responsible for the care of more than one qualifying patient at any time,
except that a caregiver may be responsible for the care of more than one
qualifying patient if the caregiver and each qualifying patient have a Substitute House Bill No. 6699
Public Act No. 23-79 30 of 136
parental, grandparental, guardianship, conservatorship, spousal or
sibling relationship.
Sec. 13. Section 21a-408h of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) No person may act as a dispensary or represent that such person
is a licensed dispensary unless such person has obtained a license from
the Commissioner of Consumer Protection pursuant to this section.
(b) No person may act as a dispensary facility or represent that such
person is a licensed dispensary facility unless such person has obtained
a license from the Commissioner of Consumer Protection pursuant to
this section.
(c) The Commissioner of Consumer Protection shall determine the
number of dispensary facilities appropriate to meet the needs of
qualifying patients in this state and shall adopt regulations, in
accordance with chapter 54, to provide for the licensure and standards
for dispensary facilities in this state and specify the maximum number
of dispensary facilities that may be licensed in this state. On and after
the effective date of such regulations, the commissioner may license any
person who applies for a license in accordance with such regulations,
provided the commissioner deems such applicant qualified to acquire,
possess, distribute and dispense marijuana pursuant to sections 21a-408
to 21a-408m, inclusive, as amended by this act. At a minimum, such
regulations shall:
(1) Indicate the maximum number of dispensary facilities that may
be licensed in this state;
(2) Provide that no marijuana may be dispensed from, obtained from
or transferred to a location outside of this state;
[(3) Establish a licensing fee and renewal fee for each dispensary Substitute House Bill No. 6699
Public Act No. 23-79 31 of 136
facility, provided such fees shall not be less than the amount necessary
to cover the direct and indirect cost of licensing and regulating
dispensary facilities pursuant to sections 21a-408 to 21a-408m,
inclusive;]
[(4)] (3) Provide for renewal of [such] dispensary facility licenses at
least every two years;
[(5)] (4) Describe areas in this state where dispensary facilities may
not be located, after considering the criteria for the location of retail
liquor permit premises set forth in subsection (a) of section 30-46;
[(6)] (5) Establish health, safety and security requirements for
dispensary facilities, which may include, but need not be limited to: (A)
The ability to maintain adequate control against the diversion, theft and
loss of marijuana acquired or possessed by the dispensary facility, and
(B) the ability to maintain the knowledge, understanding, judgment,
procedures, security controls and ethics to ensure optimal safety and
accuracy in the distributing, dispensing and use of palliative marijuana;
[(7)] (6) Establish standards and procedures for revocation,
suspension, summary suspension and nonrenewal of dispensary facility
licenses, provided such standards and procedures are consistent with
the provisions of subsection (c) of section 4-182; and
[(8)] (7) Establish other licensing, renewal and operational standards
deemed necessary by the commissioner.
[(d) Any fees collected by the Department of Consumer Protection
under this section shall be paid to the State Treasurer and credited to the
General Fund.]
[(e)] (d) On or before January 1, 2017, and annually thereafter, each
dispensary facility shall report data to the Department of Consumer
Protection relating to the types, mixtures and dosages of palliative Substitute House Bill No. 6699
Public Act No. 23-79 32 of 136
marijuana dispensed by such dispensary facility. A report prepared
pursuant to this subsection shall be in such form as may be prescribed
by the Commissioner of Consumer Protection.
Sec. 14. Subsection (a) of section 21a-408j of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(a) No dispensary facility or employee of the dispensary facility may:
(1) Acquire marijuana from a person other than a producer from a
cultivator, micro-cultivator, product manufacturer, food and beverage
manufacturer, product packager, or transporter, as such terms are
defined in section 21a-420, as amended by this act; (2) transfer or
transport marijuana to a person who is not (A) a qualifying patient
registered under section 21a-408d; (B) a caregiver of such qualifying
patient; (C) a hospice or other inpatient care facility licensed by the
Department of Public Health pursuant to chapter 368v that has a
protocol for the handling and distribution of marijuana that has been
approved by the Department of Consumer Protection; (D) a cannabis
testing laboratory; (E) an organization engaged in a research program;
(F) a delivery service, as defined in section 21a-420, as amended by this
act; or (G) a transporter, as defined in section 21a-420, as amended by
this act; or (3) obtain or transport marijuana outside of this state in
violation of state or federal law.
Sec. 15. Section 21a-408k of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) No producer or employee of the producer may: (1) Sell, deliver,
transport or distribute marijuana to a person who is not (A) a cannabis
establishment, (B) a cannabis testing laboratory, or (C) an organization
engaged in a research program, or (2) obtain or transport marijuana
outside of this state in violation of state or federal law. Substitute House Bill No. 6699
Public Act No. 23-79 33 of 136
(b) No licensed producer or employee of the producer acting within
the scope of [his or her] such employee's employment shall be subject to
arrest or prosecution or penalized in any manner, including, but not
limited to, being subject to any civil penalty, or denied any right or
privilege, including, but not limited to, being subject to any disciplinary
action by a professional licensing board, for cultivating marijuana or
selling, delivering, transferring, transporting or distributing marijuana
to a cannabis establishment, cannabis testing laboratory or research
program.
Sec. 16. Subsections (a) to (d), inclusive, of section 21a-408r of the
general statutes are repealed and the following is substituted in lieu
thereof (Effective July 1, 2023):
(a) No person may act as a cannabis testing laboratory or represent
that such person is a cannabis testing laboratory unless such person has
(1) obtained a license from the Commissioner of Consumer Protection
pursuant to this section, or (2) [(A) been granted approval by the
Commissioner of Consumer Protection as of October 1, 2021, and (B)
submitted an application to the Commissioner of Consumer Protection
for licensure pursuant to this section in a form and manner prescribed
by the commissioner. Such person may continue to act as a laboratory
until such application for licensure under this section is approved or
denied by the Commissioner of Consumer Protection] obtained a license
from the Department of Consumer Protection on or before June 30, 2023,
as a laboratory authorized to engage in cannabis testing and such license
remains active on July 1, 2023. Any person that satisfies the criteria
established in subdivision (2) of this subsection shall be deemed to be a
licensed cannabis testing laboratory for the duration of such prior
license and, upon expiration of such prior license, such person shall be
eligible to renew such expired prior license as a cannabis testing
laboratory license. The fee to receive a provisional license as a cannabis
testing laboratory shall be five hundred dollars, and the fee to receive a Substitute House Bill No. 6699
Public Act No. 23-79 34 of 136
final license, or renewal of a final license, as a cannabis testing laboratory
shall be one thousand dollars.
(b) Except as provided in subsection (c) of this section, no person may
act as a cannabis testing laboratory employee or represent that such
person is a cannabis testing laboratory employee unless such person has
obtained a registration from the Commissioner of Consumer Protection
pursuant to this section. Any person to whom the Department of
Consumer Protection has issued laboratory employee credentials on or
before June 30, 2023, shall, if such credentials remain active on July 1,
2023, and authorize such person to handle and test cannabis, be deemed
to be a registered cannabis testing laboratory employee for the duration
of such prior credentials and, upon expiration of such prior credentials,
be eligible to renew such expired prior credentials in the manner set
forth for renewing a certificate of registration as a cannabis testing
laboratory employee.
(c) Prior to the effective date of regulations adopted under this
section, the Commissioner of Consumer Protection may issue a
temporary certificate of registration to a cannabis testing laboratory
employee. The commissioner shall prescribe the standards, procedures
and fees for obtaining a temporary certificate of registration as a
cannabis testing laboratory employee.
(d) The Commissioner of Consumer Protection shall adopt
regulations, in accordance with chapter 54, to (1) provide for the
licensure or registration of cannabis testing laboratories and cannabis
testing laboratory employees, (2) establish standards and procedures for
the revocation, suspension, summary suspension and nonrenewal of
cannabis testing laboratory licenses and cannabis testing laboratory
employee registrations, provided such standards and procedures are
consistent with the provisions of subsection (c) of section 4-182, (3)
establish a [license or] registration renewal fee for each [licensed
laboratory and] registered cannabis testing laboratory employee, Substitute House Bill No. 6699
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provided the aggregate amount of such [license, registration and
renewal] fees shall not be less than the amount necessary to cover the
direct and indirect cost of [licensing,] registering and regulating
[laboratories and] cannabis testing laboratory employees in accordance
with the provisions of this chapter, (4) establish procedures by which
cannabis testing laboratories shall accept marijuana samples from
caregivers, qualifying patients and consumers for testing, and [(4)] (5)
establish other licensing, registration, renewal and operational
standards deemed necessary by the commissioner. For the purposes of
this subsection, "consumer" has the same meaning as provided in
section 21a-420, as amended by this act.
Sec. 17. Section 21a-408s of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) No cannabis testing laboratory or cannabis testing laboratory
employee may (1) acquire marijuana from a person other than (A) a
cannabis establishment or an organization engaged in a research
program, or (B) a caregiver, a qualifying patient or a consumer, as
defined in section 21a-420, as amended by this act, providing a
marijuana sample under regulations adopted by the Commissioner of
Consumer Protection pursuant to subsection (d) of section 21a-408r, as
amended by this act, (2) deliver, transport or distribute marijuana to (A)
a person who is not a cannabis establishment from which the marijuana
was originally acquired by the cannabis testing laboratory or cannabis
testing laboratory employee, or (B) an organization not engaged in a
research program, or (3) obtain or transport marijuana outside of this
state in violation of state or federal law.
(b) (1) No cannabis testing laboratory employee acting within the
scope of [his or her] such cannabis testing laboratory employee's
employment shall be subject to arrest or prosecution, penalized in any
manner, including, but not limited to, being subject to any civil penalty,
or denied any right or privilege, including, but not limited to, being Substitute House Bill No. 6699
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subject to any disciplinary action by a professional licensing board, for
acquiring, possessing, delivering, transporting or distributing
marijuana to a cannabis establishment or an organization engaged in an
approved research program under the provisions of this chapter.
(2) No cannabis testing laboratory shall be subject to prosecution,
penalized in any manner, including, but not limited to, being subject to
any civil penalty or denied any right or privilege, for acquiring,
possessing, delivering, transporting or distributing marijuana to a
cannabis establishment or an organization engaged in an approved
research program under the provisions of this chapter.
(c) A cannabis testing laboratory shall be independent from all other
persons involved in the marijuana industry in Connecticut, which shall
mean that no person with a direct or indirect financial, managerial or
controlling interest in the cannabis testing laboratory shall have a direct
or indirect financial, managerial or controlling interest in a cannabis
establishment or any other entity that may benefit from the laboratory
test results for a cannabis or marijuana sample or product.
(d) [A] (1) Except as provided in subdivision (2) of this subsection, a
cannabis testing laboratory shall maintain all minimum security and
safeguard requirements for the storage of handling of controlled
substances as a laboratory that is licensed to provide analysis of
controlled substances pursuant to section 21a-246 and any regulations
adopted thereunder.
(2) The department may waive any minimum security or safeguard
requirement described in subdivision (1) of this subsection if (A) a
cannabis testing laboratory submits to the department, in a form and
manner prescribed by the department, a written request for such waiver
that proposes an alternative requirement that provides public health
and safety protections that are equal to or greater than the protections
provided by such minimum security or safeguard requirement, and (B) Substitute House Bill No. 6699
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the department (i) reviews such request to assess the potential for
product diversion, theft and criminal activity under such proposed
alternative requirement and the likely impact that waiving such
minimum security or safeguard requirement will have on public health
and safety, (ii) determines, in the department's discretion, that such
proposed alternative requirement would provide equal or greater
protection for public health and safety, and (iii) issues such waiver in
writing.
Sec. 18. Section 21a-408u of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) No research program or research program employee may (1)
acquire marijuana from a person other than a cannabis establishment or
cannabis testing laboratory, (2) deliver, transport or distribute
marijuana to a person who is not (A) a cannabis establishment, (B) a
cannabis testing laboratory, or (C) a research program subject, (3)
distribute or administer marijuana to an animal unless such animal is an
animal research subject, or (4) obtain or transport marijuana outside of
this state in violation of state or federal law.
(b) No research program employee acting within the scope of [his or
her] such research program employee's employment shall be subject to
arrest or prosecution, penalized in any manner, including, but not
limited to, being subject to any civil penalty, or denied any right or
privilege, including, but not limited to, being subject to any disciplinary
action by a professional licensing board, for acquiring, possessing,
delivering, transporting or distributing marijuana to a cannabis
establishment or cannabis testing laboratory, or a research program
subject or distributing or administering marijuana to an animal research
subject under the provisions of this chapter.
Sec. 19. Section 21a-420 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023): Substitute House Bill No. 6699
Public Act No. 23-79 38 of 136
As used in RERACA, unless the context otherwise requires:
(1) "Responsible and Equitable Regulation of Adult-Use Cannabis
Act" or "RERACA" means this section, sections 2-56j, 7-294kk, 7-294ll,
12-330ll to 12-330nn, inclusive, 14-227p, 21a-278b, 21a-278c, 21a-279c,
21a-279d, 21a-420a to [21a-420i] 21a-420j, inclusive, as amended by this
act, 21a-420l to 21a-421r, inclusive, as amended by this act, 21a-421aa to
21a-421ff, inclusive, 21a-421aaa to [21a-421ggg] 21a-421hhh, inclusive,
21a-422 to 21a-422c, inclusive, 21a-422e to 21a-422g, inclusive, 21a-422j
to 21a-422s, inclusive, 22-61n, 23-4b, 47a-9a, 53-247a, 53a-213a, 53a-213b,
54-33p, 54-56q, 54-56r, 54-125k and 54-142u, sections 23, 60, 63 to 65,
inclusive, 124, 144 and 165 of public act 21-1 of the June special session,
and the amendments in public act 21-1 of the June special session to
sections 7-148, 10-221, as amended by this act, 12-30a, 12-35b, 12-412, 12-
650, 12-704d, 14-44k, 14-111e, 14-227a to 14-227c, inclusive, 14-227j, 15-
140q, 15-140r, 18-100h, 19a-342, 19a-342a, 21a-267, as amended by this
act, 21a-277, 21a-279, as amended by this act, 21a-279a, 21a-408 to 21a-
408f, inclusive, as amended by this act, 21a-408h to 21a-408p, as
amended by this act, inclusive, 21a-408r to 21a-408v, inclusive, as
amended by this act, 30-89a, 31-40q, 32-39, 46b-120, 51-164n, 53-394, 53a-
39c, 54-1m, 54-33g, 54-41b, 54-56e, 54-56g, 54-56i, 54-56k, 54-56n, 54-63d,
54-66a [,] and 54-142e [, 21a-421hhh and 21a-420j] and section 20 of this
act;
(2) "Backer" means any individual with a direct or indirect financial
interest in a cannabis establishment. "Backer" does not include an
individual with an investment interest in a cannabis establishment if (A)
the interest held by such individual and such individual's spouse,
parent or child, in the aggregate, does not exceed five per cent of the
total ownership or interest rights in such cannabis establishment, and
(B) such individual does not participate directly or indirectly in the
control, management or operation of the cannabis establishment;
(3) "Cannabis" means marijuana, as defined in section 21a-240, as Substitute House Bill No. 6699
Public Act No. 23-79 39 of 136
amended by this act;
(4) "Cannabis establishment" means a producer, dispensary facility,
cultivator, micro-cultivator, retailer, hybrid retailer, food and beverage
manufacturer, product manufacturer, product packager, delivery
service or transporter;
(5) "Cannabis flower" means the flower, including abnormal and
immature flowers, of a plant of the genus cannabis that has been
harvested, dried, [and] cured, chopped or ground, and prior to any
processing whereby the flower material is transformed into a cannabis
product. "Cannabis flower" does not include (A) the leaves or stem of
such plant, or (B) hemp, as defined in section 22-61l, as amended by this
act;
(6) "Cannabis testing laboratory" means a laboratory that (A) is
located in this state, (B) is licensed by the department to analyze
cannabis, and (C) meets the licensure requirements established in
section 21a-408r, as amended by this act, and the regulations adopted
pursuant to subsection (d) of section 21a-408r, as amended by this act;
(7) "Cannabis testing laboratory employee" means an individual who
is (A) employed at a cannabis testing laboratory, and (B) registered
pursuant to section 21a-408r, as amended by this act, and the regulations
adopted pursuant to subsection (d) of section 21a-408r, as amended by
this act;
[(6)] (8) "Cannabis trim" means all parts, including abnormal or
immature parts, of a plant of the genus cannabis, other than cannabis
flower, that have been harvested, dried and cured, and prior to any
processing, excluding chopping or grinding, whereby the plant material
is transformed into a cannabis product. "Cannabis trim" does not
include hemp, as defined in section 22-61l, as amended by this act;
[(7)] (9) "Cannabis product" means cannabis, intended for use or Substitute House Bill No. 6699
Public Act No. 23-79 40 of 136
consumption, that is in the form of (A) a cannabis concentrate, or (B) a
product that contains cannabis [, which may be combined with other
ingredients, and is intended for use or consumption. "Cannabis
product" does not include the raw cannabis plant] and at least one other
cannabis or noncannabis ingredient or component, excluding cannabis
flower;
[(8)] (10) "Cannabis concentrate" means any form of concentration,
including, but not limited to, extracts, oils, tinctures, shatter and waxes,
that is extracted from cannabis;
[(9)] (11) "Cannabis-type substances" have the same meaning as
"marijuana", as defined in section 21a-240, as amended by this act;
[(10)] (12) "Commissioner" means the Commissioner of Consumer
Protection and includes any designee of the commissioner;
[(11)] (13) "Consumer" means an individual who is twenty-one years
of age or older;
(14) "Control" means the power to direct, or cause the direction of, the
management and policies of a cannabis establishment, regardless of
whether such power is possessed directly or indirectly;
[(12)] (15) "Cultivation" has the same meaning as provided in section
21a-408, as amended by this act;
[(13)] (16) "Cultivator" means a person that is licensed to engage in
the cultivation, growing and propagation of the cannabis plant at an
establishment with not less than fifteen thousand square feet of grow
space;
[(14)] (17) "Delivery service" means a person that is licensed to deliver
cannabis from (A) micro-cultivators, retailers and hybrid retailers to
consumers and research program subjects, and (B) hybrid retailers and Substitute House Bill No. 6699
Public Act No. 23-79 41 of 136
dispensary facilities to qualifying patients, caregivers and research
program subjects, as defined in section 21a-408, as amended by this act,
or to hospices or other inpatient care facilities licensed by the
Department of Public Health pursuant to chapter 368v that have a
protocol for the handling and distribution of cannabis that has been
approved by the department, or a combination thereof;
[(15)] (18) "Department" means the Department of Consumer
Protection;
[(16)] (19) "Dispensary facility" means a place of business where
cannabis may be dispensed, sold or distributed in accordance with
chapter 420f and any regulations adopted [thereunder] pursuant to said
chapter, to qualifying patients and caregivers, and to which the
department has issued a dispensary facility license [under] pursuant to
chapter 420f and any regulations adopted [thereunder] pursuant to said
chapter;
[(17)] (20) "Disproportionately impacted area" means (A) for the
period beginning July 1, 2021, and ending July 31, 2023, a United States
census tract in the state that has, as determined by the Social Equity
Council under subdivision (1) of subsection (i) of section 21a-420d, as
amended by this act, [(A)] (i) a historical conviction rate for drug-related
offenses greater than one-tenth, or [(B)] (ii) an unemployment rate
greater than ten per cent, and (B) on and after August 1, 2023, a United
States census tract in this state that has been identified by the Social
Equity Council pursuant to subdivision (2) of subsection (i) of section
21a-420d, as amended by this act;
[(18)] (21) "Disqualifying conviction" means a conviction within the
last ten years which has not been the subject of an absolute pardon
under the provisions of section 54-130a, or an equivalent pardon process
under the laws of another state or the federal government, for an offense
under (A) section 53a-276, 53a-277 or 53a-278; (B) section 53a-291, 53a- Substitute House Bill No. 6699
Public Act No. 23-79 42 of 136
292 or 53a-293; (C) section 53a-215; (D) section 53a-138 or 53a-139; (E)
section 53a-142a; (F) sections 53a-147 to 53a-162, inclusive; (G) sections
53a-125c to 53a-125f, inclusive; (H) section 53a-129b, 53a-129c or 53a-
129d; (I) subsection (b) of section 12-737; (J) section 53a-48 or 53a-49, if
the offense which is attempted or is an object of the conspiracy is an
offense under the statutes listed in subparagraphs (A) to (I), inclusive,
of this subdivision; or (K) the law of any other state or of the federal
government, if the offense on which such conviction is based is defined
by elements that substantially include the elements of an offense under
the statutes listed in subparagraphs (A) to (J), inclusive, of this
subdivision;
[(19)] (22) "Dispensary technician" means an individual who has had
an active pharmacy technician or dispensary technician registration in
this state within the past five years, is affiliated with a dispensary facility
or hybrid retailer and is registered with the department in accordance
with chapter 420f and any regulations adopted [thereunder] pursuant
to said chapter;
(23) "Edible cannabis product" means a cannabis product intended
for humans to eat or drink;
[(20)] (24) "Employee" means any person who is not a backer, but is a
member of the board of a company with an ownership interest in a
cannabis establishment, and any person employed by a cannabis
establishment or who otherwise has access to such establishment or the
vehicles used to transport cannabis, including, but not limited to, an
independent contractor who has routine access to the premises of such
establishment or to the cannabis handled by such establishment;
[(21)] (25) "Equity" and "equitable" means efforts, regulations,
policies, programs, standards, processes and any other functions of
government or principles of law and governance intended to: (A)
Identify and remedy past and present patterns of discrimination and Substitute House Bill No. 6699
Public Act No. 23-79 43 of 136
disparities of race, ethnicity, gender and sexual orientation; (B) ensure
that such patterns of discrimination and disparities, whether intentional
or unintentional, are neither reinforced nor perpetuated; and (C)
prevent the emergence and persistence of foreseeable future patterns of
discrimination or disparities of race, ethnicity, gender and sexual
orientation;
[(22)] (26) "Equity joint venture" means a business entity that is
controlled, and at least fifty per cent owned, [and controlled] by an
individual or individuals, or such applicant is an individual, who meets
the criteria of subparagraphs (A) and (B) of subdivision [(48)] (50) of this
section;
[(23)] (27) "Extract" means the preparation, compounding, conversion
or processing of cannabis, either directly or indirectly by extraction or
independently by means of chemical synthesis, or by a combination of
extraction and chemical synthesis to produce a cannabis concentrate;
[(24)] (28) "Financial interest" means any right to, ownership, an
investment or a compensation arrangement with another person,
directly, through business, investment or family. "Financial interest"
does not include ownership of investment securities in a publicly-held
corporation that is traded on a national exchange or over-the-counter
market, provided the investment securities held by such person and
such person's spouse, parent or child, in the aggregate, do not exceed
one-half of one per cent of the total number of shares issued by the
corporation;
[(25)] (29) "Food and beverage manufacturer" means a person that is
licensed to own and operate a place of business that acquires cannabis
and creates food and beverages;
[(26)] (30) "Grow space" means the portion of a premises owned and
controlled by a producer, cultivator or micro-cultivator that is utilized Substitute House Bill No. 6699
Public Act No. 23-79 44 of 136
for the cultivation, growing or propagation of the cannabis plant, and
contains cannabis plants in an active stage of growth, measured starting
from the outermost wall of the room containing cannabis plants and
continuing around the outside of the room. "Grow space" does not
include space used to cure, process, store harvested cannabis or
manufacture cannabis once the cannabis has been harvested;
[(27)] (31) "Historical conviction count for drug-related offenses"
means, for a given area, the number of convictions of residents of such
area (A) for violations of sections 21a-267, as amended by this act, 21a-
277, 21a-278, 21a-279, as amended by this act, and 21a-279a, and (B) who
were arrested for such violations between January 1, 1982, and
December 31, 2020, inclusive, where such arrest was recorded in
databases maintained by the Department of Emergency Services and
Public Protection;
[(28)] (32) "Historical conviction rate for drug-related offenses"
means, for a given area, the historical conviction count for drug-related
offenses divided by the population of such area, as determined by the
five-year estimates of the most recent American Community Survey
conducted by the United States Census Bureau;
[(29)] (33) "Hybrid retailer" means a person that is licensed to
purchase cannabis and sell cannabis and medical marijuana products;
[(30)] (34) "Key employee" means an employee with the following
management position or an equivalent title within a cannabis
establishment: (A) President or chief officer, who is the top ranking
individual at the cannabis establishment and is responsible for all staff
and overall direction of business operations; (B) financial manager, who
is the individual who reports to the president or chief officer and who is
[generally] responsible for oversight of the financial operations of the
cannabis establishment, [including, but not limited to, revenue
generation,] which financial operations include one or more of the Substitute House Bill No. 6699
Public Act No. 23-79 45 of 136
following: (i) Revenue and expense management; (ii) distributions; [,]
(iii) tax compliance; [and] (iv) budget development; and (v) budget
management and implementation; or (C) compliance manager, who is
the individual who reports to the president or chief officer and who is
generally responsible for ensuring the cannabis establishment complies
with all laws, regulations and requirements related to the operation of
the cannabis establishment;
[(31) "Laboratory" means a laboratory located in the state that is
licensed by the department to provide analysis of cannabis that meets
the licensure requirements set forth in section 21a-246;
(32) "Laboratory employee" means an individual who is registered as
a laboratory employee pursuant to section 21a-408r;]
[(33)] (35) "Labor peace agreement" means an agreement between a
cannabis establishment and a bona fide labor organization under section
21a-421d, as amended by this act, pursuant to which the owners and
management of the cannabis establishment agree not to lock out
employees and that prohibits the bona fide labor organization from
engaging in picketing, work stoppages or boycotts against the cannabis
establishment;
[(34)] (36) "Manufacture" means to add or incorporate cannabis into
other products or ingredients or create a cannabis product;
[(35)] (37) "Medical marijuana product" means cannabis that may be
exclusively sold to qualifying patients and caregivers by dispensary
facilities and hybrid retailers and which are designated by the
commissioner as reserved for sale to qualifying patients and caregivers
and published on the department's Internet web site;
[(36)] (38) "Micro-cultivator" means a person licensed to engage in the
cultivation, growing and propagation of the cannabis plant at an
establishment containing not less than two thousand square feet and not Substitute House Bill No. 6699
Public Act No. 23-79 46 of 136
more than ten thousand square feet of grow space, prior to any
expansion authorized by the commissioner;
[(37)] (39) "Municipality" means any town, city or borough,
consolidated town and city or consolidated town and borough;
[(38)] (40) "Paraphernalia" means drug paraphernalia, as defined in
section 21a-240, as amended by this act;
[(39)] (41) "Person" means an individual, partnership, limited liability
company, society, association, joint stock company, corporation, estate,
receiver, trustee, assignee, referee or any other legal entity and any other
person acting in a fiduciary or representative capacity, whether
appointed by a court or otherwise, and any combination thereof;
[(40)] (42) "Producer" means a person that is licensed as a producer
pursuant to section 21a-408i and any regulations adopted [thereunder]
pursuant to said section;
[(41)] (43) "Product manufacturer" means a person that is licensed to
obtain cannabis, extract and manufacture products; [exclusive to such
license type;]
[(42)] (44) "Product packager" means a person that is licensed to
package and label cannabis;
[(43)] (45) "Qualifying patient" has the same meaning as provided in
section 21a-408, as amended by this act;
[(44)] (46) "Research program" has the same meaning as provided in
section 21a-408, as amended by this act;
[(45)] (47) "Retailer" means a person, excluding a dispensary facility
and hybrid retailer, that is licensed to purchase cannabis from
producers, cultivators, micro-cultivators, product manufacturers and
food and beverage manufacturers and to sell cannabis to consumers and Substitute House Bill No. 6699
Public Act No. 23-79 47 of 136
research programs;
[(46)] (48) "Sale" or "sell" has the same meaning as provided in section
21a-240, as amended by this act;
[(47)] (49) "Social Equity Council" or "council" means the council
established under section 21a-420d, as amended by this act;
[(48)] (50) "Social equity applicant" means a person that has applied
for a license for a cannabis establishment, where such applicant is
controlled, and at least sixty-five per cent owned, [and controlled] by an
individual or individuals, or such applicant is an individual, who:
(A) Had an average household income of less than three hundred per
cent of the state median household income over the three tax years
immediately preceding such individual's application; and
(B) (i) Was a resident of a disproportionately impacted area for not
less than five of the ten years immediately preceding the date of such
application; or
(ii) Was a resident of a disproportionately impacted area for not less
than nine years prior to attaining the age of eighteen;
[(49)] (51) "THC" has the same meaning as provided in section 21a-
240, as amended by this act;
[(50)] (52) "Third-party lottery operator" means a person, or a
constituent unit of the state system of higher education, that conducts
lotteries pursuant to section 21a-420g, as amended by this act, identifies
the cannabis establishment license applications for consideration
without performing any review of the applications that are identified
for consideration, and that has no direct or indirect oversight of or
investment in a cannabis establishment or a cannabis establishment
applicant; Substitute House Bill No. 6699
Public Act No. 23-79 48 of 136
[(51)] (53) "Transfer" means to transfer, change, give or otherwise
dispose of control over or interest in;
[(52)] (54) "Transport" means to physically move from one place to
another;
[(53)] (55) "Transporter" means a person licensed to transport
cannabis between cannabis establishments, cannabis testing
laboratories and research programs; and
[(54)] (56) "Unemployment rate" means, in a given area, the number
of people sixteen years of age or older who are in the civilian labor force
and unemployed divided by the number of people sixteen years of age
or older who are in the civilian labor force.
Sec. 20. (Effective July 1, 2023) During the period beginning October 1,
2023, and ending October 1, 2026, the Department of Consumer
Protection shall, not later than the first day of January, April, July and
October, submit a report, in accordance with section 11-4a of the general
statutes, to the Governor and the joint standing committee of the
General Assembly having cognizance of matters relating to consumer
protection. Each report shall contain the following: (1) For the quarter
ending on the last day of the month immediately preceding the date on
which the department submits such report (A) the number of applicants
that were selected from the lottery, broken down by license type, (B) the
number of provisional licenses that the department issued pursuant to
RERACA, broken down by license type, (C) the number of final licenses
that the department issued pursuant to RERACA, broken down by
license type, town and county, and (D) the mechanism by which the
department issued each license pursuant to RERACA, including, but
not limited to, by way of the lottery, to equity joint ventures and to
cultivators located in disproportionately impacted areas; (2) the
department's good faith estimate regarding any anticipated increase in
the number of cannabis establishments during the next calendar year; Substitute House Bill No. 6699
Public Act No. 23-79 49 of 136
and (3) any other information the department, in the department's
discretion, may deem appropriate.
Sec. 21. Subsections (i) to (k), inclusive, of section 21a-420d of the
general statutes are repealed and the following is substituted in lieu
thereof (Effective July 1, 2023):
(i) (1) Not later than August 1, 2021, and annually thereafter until July
31, 2023, the council shall use the most recent five-year United States
Census Bureau American Community Survey estimates or any
successor data to determine one or more United States census tracts in
the state that are a disproportionately impacted area and shall publish a
list of such tracts on the council's Internet web site.
(2) Not later than August 1, 2023, the council shall use poverty rate
data from the most recent five-year United States Census Bureau
American Community Survey estimates, population data from the most
recent decennial census and conviction information from databases
managed by the Department of Emergency Services and Public
Protection to identify all United States census tracts in the state that are
disproportionately impacted areas and shall publish a list of such tracts
on the council's Internet web site. In identifying which census tracts in
this state are disproportionately impacted areas and preparing such list,
the council shall:
(A) Not deem any census tract with a poverty rate that is less than the
state-wide poverty rate to be a disproportionately impacted area;
(B) After eliminating the census tracts described in subparagraph (A)
of this subdivision, rank the remaining census tracts in order from the
census tract with the greatest historical conviction rate for drug-related
offenses to the census tract with the lowest historical conviction rate for
drug-related offenses; and
(C) Include census tracts in the order of rank described in Substitute House Bill No. 6699
Public Act No. 23-79 50 of 136
subparagraph (B) of this subdivision until including the next census
tract would cause the total population of all included census tracts to
exceed twenty-five per cent of the state's population.
(j) After developing criteria for workforce development plans as
described in subdivision (4) of subsection (h) of this section, the council
shall review and approve or deny in writing any such plan submitted
by a producer under section 21a-420l, as amended by this act, or a
hybrid-retailer under section 21a-420u, as amended by this act.
(k) The council shall develop criteria for evaluating the ownership
and control of any equity joint venture created under section 21a-420m,
as amended by this act, 21a-420u, as amended by this act, or [section]
21a-420j, as amended by this act, and shall review and approve or deny
in writing such equity joint venture prior to such equity joint venture
being licensed under section 21a-420m, as amended by this act, 21a-
420u, as amended by this act, or [section] 21a-420j, as amended by this
act. After developing criteria for social equity plans as described in
subdivision (5) of subsection (h) of this section, the council shall review
and approve or deny in writing any such plan submitted by a cannabis
establishment as part of its final license application. The council shall
not approve any equity joint venture applicant which shares with an
equity joint venture any individual owner who meets the criteria
established in subparagraphs (A) and (B) of subdivision [(48)] (50) of
section 21a-420, as amended by this act.
Sec. 22. Section 21a-420e of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) Not later than thirty days after the date that the Social Equity
Council identifies the criteria and the necessary supporting
documentation for social equity applicants and posts such information
on its Internet web site, the department may accept applications for the
following cannabis establishment license types: (1) Retailer, (2) hybrid Substitute House Bill No. 6699
Public Act No. 23-79 51 of 136
retailer, (3) cultivator, (4) micro-cultivator, (5) product manufacturer, (6)
food and beverage manufacturer, (7) product packager, (8) delivery
service, [and] (9) transporter, (10) dispensary facility, and (11) producer.
Each application for licensure shall require the applicant to indicate
whether the applicant wants to be considered for treatment as a social
equity applicant.
(b) On and after July 1, 2021, the department may accept applications
from any dispensary facility to convert its license to a hybrid-retailer
license and any producer for expanded authorization to engage in the
adult use cannabis market under its license issued pursuant to section
21a-408i.
(c) Except as provided in subsection [(e)] (d) of this section, the
following fees shall be paid by each applicant:
(1) For a retailer license, the fee to enter the lottery shall be five
hundred dollars, the fee to receive a provisional license shall be five
thousand dollars and the fee to receive a final license or a renewal of a
final license shall be twenty-five thousand dollars.
(2) For a hybrid retailer license, the fee to enter the lottery shall be five
hundred dollars, the fee to receive a provisional license shall be five
thousand dollars and the fee to receive a final license or a renewal of a
final license shall be twenty-five thousand dollars.
(3) For a cultivator license, the fee to enter the lottery shall be one
thousand dollars, the fee to receive a provisional license shall be twenty-
five thousand dollars and the fee to receive a final license or a renewal
of a final license shall be seventy-five thousand dollars.
(4) For a micro-cultivator license, the fee to enter the lottery shall be
two hundred fifty dollars, the fee to receive a provisional license shall
be five hundred dollars and the fee to receive a final license or a renewal
of a final license shall be one thousand dollars. Substitute House Bill No. 6699
Public Act No. 23-79 52 of 136
(5) For a product manufacturer license, the fee to enter the lottery
shall be seven hundred fifty dollars, the fee to receive a provisional
license shall be five thousand dollars and the fee to receive a final license
or a renewal of a final license shall be twenty-five thousand dollars.
(6) For a food and beverage manufacturer license, the fee to enter the
lottery shall be two hundred fifty dollars, the fee to receive a provisional
license shall be one thousand dollars and the fee to receive a final license
or a renewal of a final license shall be five thousand dollars.
(7) For a product packager license, the fee to enter the lottery shall be
five hundred dollars, the fee to receive a provisional license shall be five
thousand dollars and the fee to receive a final license or a renewal of a
final license shall be twenty-five thousand dollars.
(8) For a delivery service or transporter license, the fee to enter the
lottery shall be two hundred fifty dollars, the fee to receive a provisional
license shall be one thousand dollars and the fee to receive a final license
or a renewal of a final license shall be five thousand dollars.
(9) For an initial or renewal of a backer license, the fee shall be one
hundred dollars.
(10) For an initial or renewal of a key employee license, the fee shall
be one hundred dollars.
(11) For an initial or renewal of a registration of an employee who is
not a key employee, the fee shall be fifty dollars.
(12) The license conversion fee for a dispensary facility to become a
hybrid retailer shall be one million dollars, except as provided in section
21a-420u, as amended by this act.
(13) The license conversion fee for a producer to engage in the adult
use cannabis market shall be three million dollars, except as provided in Substitute House Bill No. 6699
Public Act No. 23-79 53 of 136
section 21a-420l, as amended by this act.
(14) For a dispensary facility license, the fee to enter the lottery shall
be five hundred dollars, the fee to receive a provisional license shall be
five thousand dollars and the fee to receive a final license or a renewal
of a final license shall be five thousand dollars.
(15) For a producer license, the fee to enter the lottery shall be one
thousand dollars, the fee to receive a provisional license shall be twenty-
five thousand dollars and the fee to receive a final license or a renewal
of a final license shall be seventy-five thousand dollars.
(d) For any dispensary facility that has become a hybrid retailer, the
renewal fee shall be the same as the fee for a hybrid retailer set forth in
subdivision (2) of subsection (c) of this section. For any producer
approved for expanded authorization to engage in the adult use
cannabis market, the renewal fee shall be [the same as set forth in section
21a-408i] seventy-five thousand dollars. A social equity applicant shall
pay fifty per cent of the amount of any of the fees specified in subsection
(c) of this section for the first three renewal cycles of the applicable
cannabis establishment license applied for, and the full amount
thereafter, provided in the case of the fees set forth in subdivisions (12)
and (13) of subsection (c) of this section, a social equity applicant shall
pay the full amount of the fee.
(e) For the fiscal year ending June 30, 2023, and thereafter, fees
collected by the department under this section shall be paid to the State
Treasurer and credited to the General Fund, except that the fees
collected under subdivisions (12) and (13) of subsection (c) of this
section shall be deposited in the Social Equity and Innovation Fund
established under section 21a-420f, as amended by this act.
(f) For each license type:
(1) Applicants shall apply on a form and in a manner prescribed by Substitute House Bill No. 6699
Public Act No. 23-79 54 of 136
the commissioner, which form shall include a method for the applicant
to request consideration as a social equity applicant; and
(2) The department shall post on its Internet web site the application
period, which shall specify the first and last date that the department
will accept applications for that license type. The first date that the
department shall accept applications shall be no sooner than thirty days
after the date the Social Equity Council posts the criteria and supporting
documentation necessary to qualify for consideration as a social equity
applicant as set forth in section 21a-420g, as amended by this act. Only
complete license applications received by the department during the
application period shall be considered.
(g) (1) No current or former state officer or employee, or employee of
any other person who at any time had access to an application submitted
to the department pursuant to this section, may disclose such
application, or any information included in or submitted with such
application, unless such disclosure is authorized under this subsection.
(2) The commissioner may disclose the following information
concerning an application submitted to the department pursuant to this
section:
(A) The applicant's name;
(B) The license type for which such application was submitted;
(C) The applicant's social equity designation, if any;
(D) The applicant's address;
(E) The name, electronic mail address and telephone number of the
applicant's owner;
(F) The ownership interest that an owner of a social equity applicant
holds in such applicant, expressed as a percentage of all ownership Substitute House Bill No. 6699
Public Act No. 23-79 55 of 136
interests in such applicant;
(G) The name and address of the person who serves as the applicant's
primary business contact;
(H) The application number assigned to such application;
(I) The date such application was submitted to the department;
(J) Information concerning the applicant's formation, including, but
not limited to, the applicant's business entity type, formation date and
place, and business registration number as such number appears on the
electronic business portal established by the Commercial Recording
Division of the office of the Secretary of the State pursuant to section 3-
99d; and
(K) The name of all cannabis businesses associated with the applicant
and listed on such application.
(3) (A) In addition to the information described in subdivision (2) of
this subsection, the commissioner may, in the commissioner's sole
discretion, disclose any personal information or financial document
associated with an application submitted to the department pursuant to
this section to:
(i) A federal, state or local government agency acting in the course of
such agency's governmental functions, or a person acting on behalf of
such agency in performing such functions;
(ii) A college or university conducting research or assisting the state
in reviewing such applications, provided such college or university
agrees to not disclose any personally identifying information or
confidential business information and to deidentify any personal or
financial information such college or university receives from the
department before releasing any report, study, survey or similar Substitute House Bill No. 6699
Public Act No. 23-79 56 of 136
document concerning such information;
(iii) An officer of the court in connection with an administrative,
arbitral, civil or criminal proceeding in a court of competent jurisdiction
or before a government agency or self-regulatory body, including, but
not limited to, the service of process, an investigation performed in
anticipation of litigation, an order issued by such court or the execution
or enforcement of a judgment or order issued by such court, provided
the person to whom the commissioner discloses such information or
document is a party in interest to such proceeding;
(iv) A state marshal in the course of performing such marshal's duties
under section 6-38a; or
(v) The applicant or the applicant's owner to confirm that any such
information or document such applicant or owner submitted to the
department in connection with such application is accurate.
(B) Any personal information or financial document the
commissioner discloses pursuant to subparagraph (A) of this
subdivision shall remain confidential, and no person described in
subparagraphs (A)(i) to (A)(iv), inclusive, of this subdivision shall
further disseminate such information or document in a manner that
would enable another person to identify any person referenced in, and
related to, such information or document unless such disclosure is
required under other applicable law.
Sec. 23. Subsection (c) of section 21a-420e of the general statutes, as
amended by section 22 of this act, is repealed and the following is
substituted in lieu thereof (Effective July 1, 2023):
(c) Except as provided in subsection (d) of this section, the following
fees shall be paid by each applicant:
(1) For a retailer license, the fee to enter the lottery shall be five Substitute House Bill No. 6699
Public Act No. 23-79 57 of 136
hundred dollars, the fee to receive a provisional license shall be five
thousand dollars and the fee to receive a final license or a renewal of a
final license shall be twenty-five thousand dollars.
(2) For a hybrid retailer license, the fee to enter the lottery shall be five
hundred dollars, the fee to receive a provisional license shall be five
thousand dollars and the fee to receive a final license or a renewal of a
final license shall be twenty-five thousand dollars.
(3) For a cultivator license, the fee to enter the lottery shall be one
thousand dollars, the fee to receive a provisional license shall be twenty-
five thousand dollars and the fee to receive a final license or a renewal
of a final license shall be seventy-five thousand dollars.
(4) For a micro-cultivator license, the fee to enter the lottery shall be
two hundred fifty dollars, the fee to receive a provisional license shall
be five hundred dollars and the fee to receive a final license or a renewal
of a final license shall be one thousand dollars.
(5) (A) For a product manufacturer license, the fee to enter the lottery
shall be seven hundred fifty dollars, the fee to receive a provisional
license shall be five thousand dollars and the fee to receive a final license
or a renewal of a final license shall be twenty-five thousand dollars.
(B) For a product manufacturer seeking authorization to expand the
product manufacturer's authorized activities to include the authorized
activities of a food and beverage manufacturer, the application fee for
such expanded authorization shall be five thousand dollars and the fee
to renew such expanded authorization shall be five thousand dollars.
The fees due under this subparagraph shall be in addition to the fees
due under subparagraph (A) of this subdivision.
(6) (A) For a food and beverage manufacturer license, the fee to enter
the lottery shall be two hundred fifty dollars, the fee to receive a
provisional license shall be one thousand dollars and the fee to receive Substitute House Bill No. 6699
Public Act No. 23-79 58 of 136
a final license or a renewal of a final license shall be five thousand
dollars.
(B) For a food and beverage manufacturer seeking authorization to
expand the food and beverage manufacturer's authorized activities to
include the authorized activities of a product manufacturer, the
application fee for such expanded authorization shall be twenty-five
thousand dollars and the fee to renew such expanded authorization
shall be twenty-five thousand dollars. The fees due under this
subparagraph shall be in addition to the fees due under subparagraph
(A) of this subdivision.
(7) For a product packager license, the fee to enter the lottery shall be
five hundred dollars, the fee to receive a provisional license shall be five
thousand dollars and the fee to receive a final license or a renewal of a
final license shall be twenty-five thousand dollars.
(8) For a delivery service or transporter license, the fee to enter the
lottery shall be two hundred fifty dollars, the fee to receive a provisional
license shall be one thousand dollars and the fee to receive a final license
or a renewal of a final license shall be five thousand dollars.
(9) For an initial or renewal of a backer license, the fee shall be one
hundred dollars.
(10) For an initial or renewal of a key employee license, the fee shall
be one hundred dollars.
(11) For an initial or renewal of a registration of an employee who is
not a key employee, the fee shall be fifty dollars.
(12) The license conversion fee for a dispensary facility to become a
hybrid retailer shall be one million dollars, except as provided in section
21a-420u, as amended by this act. Substitute House Bill No. 6699
Public Act No. 23-79 59 of 136
(13) The license conversion fee for a producer to engage in the adult
use cannabis market shall be three million dollars, except as provided in
section 21a-420l, as amended by this act.
(14) For a dispensary facility license, the fee to enter the lottery shall
be five hundred dollars, the fee to receive a provisional license shall be
five thousand dollars and the fee to receive a final license or a renewal
of a final license shall be five thousand dollars.
(15) For a producer license, the fee to enter the lottery shall be one
thousand dollars, the fee to receive a provisional license shall be twenty-
five thousand dollars and the fee to receive a final license or a renewal
of a final license shall be seventy-five thousand dollars.
Sec. 24. Subsection (d) of section 21a-420f of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(d) On and after July 1, 2022, there is established a fund to be known
as the "Prevention and Recovery Services Fund" which shall be a
separate, nonlapsing fund. The fund shall contain any moneys required
by law to be deposited in the fund and shall be held by the Treasurer
separate and apart from all other moneys, funds and accounts. Moneys
in the fund shall be appropriated for the purposes of (1) substance abuse
prevention, treatment and recovery services, which may include, but
need not be limited to, the (A) provision of youth cannabis use
prevention services by the local advisory councils on drug use and
prevention established by municipalities pursuant to subsection (a) of
Section 4126 of the Drug Free Schools and Communities Act of 1986, as
amended from time to time, regional behavioral health action
organizations described in section 17a-484f, or youth service bureaus
established pursuant to section 10-19m, and (B) development of a public
awareness campaign to raise awareness of the mental and physical
health risks of youth cannabis use and cannabis use by pregnant Substitute House Bill No. 6699
Public Act No. 23-79 60 of 136
persons, and (2) collection and analysis of data regarding substance use.
The Social Equity Council may make recommendations to any relevant
state agency regarding expenditures to be made for the purposes set
forth in this subsection.
Sec. 25. Section 21a-420g of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) The Social Equity Council shall review the ownership information
and any other information necessary to confirm that an applicant
qualifies as a social equity applicant for all cannabis establishment
license type applications submitted to the department and designated
by the applicant as a social equity applicant. The Social Equity Council
shall prescribe the documentation necessary for applicants to submit to
establish that the ownership, residency and income requirements for
social equity applicants are met. On or before September 1, 2021, the
Social Equity Council shall post such necessary documentation
requirements on its Internet web site to inform applicants of such
requirements prior to the start of the application period.
(b) Except as provided in section 21a-420o, prior to the first date that
the department begins accepting applications for a license type, the
department shall determine the maximum number of applications that
shall be considered for such license type and post such information on
its Internet web site. Fifty per cent of the maximum number of
applications that shall be considered for each license type (1) shall be
selected through a social equity lottery for such license type, and (2)
shall be reserved by the department for social equity applicants. If, upon
the close of the application period for a license type, the department
receives more applications than the maximum number to be considered
in total or to be reserved for social equity applicants as set forth in this
subsection, [(b) of this section,] a third-party lottery operator shall
conduct a lottery to identify applications for review by the department
and the Social Equity Council. Substitute House Bill No. 6699
Public Act No. 23-79 61 of 136
(c) (1) The third-party lottery operator shall:
(A) Not be provided any application received after the close of the
application period;
(B) Give equal weight to every complete application submitted
during the application period; and
(C) Conduct multiple, separate geographic lotteries if required by the
department.
(2) For purposes of the lottery, the third-party lottery operator shall:
(A) Conduct an independent social equity lottery and general lottery
for each license type [and a separate lottery for social equity applicants
of each license type] that results in each application being randomly
ranked starting with one and continuing sequentially; and
(B) Rank all applications in each lottery numerically according to the
order in which they were drawn, including those that exceed the
number to be considered, and identify for the department all
applications to be considered. [, which shall consist of the applications
ranked numerically one to the maximum number set forth in accordance
with subsection (b) of this section.]
(d) (1) Prior to submitting an application, an applicant that is a
business entity shall register such business entity with the Secretary of
the State to do business in this state, and include with such application
an attestation that such applicant has so registered.
(2) No applicant shall apply more than once in any application period
to the social equity lottery round, if applicable, or the general lottery
round. The department shall review the list of all lottery applicants in
the social equity lottery round and the general lottery round,
independently for each such round, to determine whether any applicant Substitute House Bill No. 6699
Public Act No. 23-79 62 of 136
has submitted more than one application under the same applicant
name. Except as provided in subdivision (3) of this subsection, if the
department determines that any applicant has submitted more than one
application in the social equity lottery round or the general lottery
round, all applications submitted in such round by such applicant shall
be disqualified and the department shall remove all such applications
from the pool of eligible applications the department provides to the
third-party lottery operator for selection in such round.
(3) If a social equity application is entered into the general lottery
round pursuant to subdivision (4) of subsection (e) of this section,
thereby resulting in two entries by the same social equity applicant in
the general lottery round, such entries shall not result in disqualification
under subdivision (2) of this subsection. Such social equity applicant
shall not be eligible to receive more than one license from any round of
the general lottery. If such social equity applicant is selected twice for
consideration in any general lottery round, the department shall
disqualify the second such selection and request that the third-party
lottery operator identify the next-ranked application in the applicable
lottery.
(4) No disqualification under this subsection shall result in any
refund of lottery fees.
(5) For the purpose of this subsection: (A) "Application period" means
the established period of time within which the department may accept
applications for a specific license type for the social equity or general
lottery; and (B) "round" means each time a lottery is run to determine
the ranking of applicants after the conclusion of an application period,
either for the social equity lottery or the general lottery.
[(d)] (e) (1) Upon receipt of an application for social equity
consideration or, in the case where a social equity lottery is conducted,
after such lottery applicants are selected, the department shall provide Substitute House Bill No. 6699
Public Act No. 23-79 63 of 136
to the Social Equity Council the documentation received by the
department during the application process that is required under
subsection (a) of this section. No identifying information beyond what
is necessary to establish social equity status shall be provided to the
Social Equity Council. The Social Equity Council shall review the social
equity applications to be considered as identified by the third-party
lottery operator to determine whether the applicant meets the criteria
for a social equity applicant. If the Social Equity Council determines that
an applicant does not qualify as a social equity applicant, the application
shall not be reviewed further for purposes of receiving a license
designated for social equity applicants. The application shall be entered
into the [other] general lottery for the applicable license type and may
be reviewed further if selected through such lottery, provided the
applicant pays the additional amount necessary to pay the full fee for
entry into such lottery within five business days of being notified by the
Social Equity Council that [it] such applicant does not qualify as a social
equity applicant. Not later than thirty days after the Social Equity
Council notifies an applicant [is notified of a denial of a license
application under this subsection] of the Social Equity Council's
determination that the applicant does not meet the criteria for a social
equity applicant, the applicant may appeal [such denial] from such
determination to the Superior Court in accordance with section 4-183.
(2) Upon determination by the Social Equity Council that an
application selected through the lottery process does not qualify for
consideration as a social equity applicant, the department shall request
that the third-party lottery operator identify the next-ranked application
in the [applicable] social equity lottery. This process may continue until
the Social Equity Council has identified for further consideration the
number of applications set forth on the department's web site pursuant
to subsection (b) of this section or [the lottery indicates that] until there
are no [further] remaining social equity applications to be considered. Substitute House Bill No. 6699
Public Act No. 23-79 64 of 136
(3) For each license type, the Social Equity Council shall identify for
the department the social equity applications that qualify as social
equity applicants and that should be reviewed by the department for
purposes of awarding a provisional license.
(4) Any application [subject to] entered into, but not selected through,
the social equity lottery [process] shall not be reviewed as a social equity
application, but shall be entered into the general lottery for the
[remaining applications for the] applicable license type.
(5) After receiving the list of selected social equity applications [from]
reviewed and approved by the Social Equity Council, the department
shall notify the third-party lottery operator, which shall then conduct
[an] the independent general lottery for all remaining applicants for
each license type, rank all general lottery applications numerically
including those that exceed the number to be considered, and identify
for the department all of the selected applications to be reviewed. The
number of applications to be reviewed by the department shall consist
of the applications ranked numerically one through the maximum
number [set forth in accordance with subsection (b) of this section,
provided that if fewer social equity applicants are identified pursuant
to subdivision (3) of this subsection, the maximum number shall be the
number] necessary to ensure that fifty per cent of the applications for
each license type identified through the lottery process are [social equity
applicants] selected from the social equity lottery and approved by the
Social Equity Council.
(6) The numerical rankings created by the third-party lottery operator
shall be confidential and shall not be subject to disclosure under the
Freedom of Information Act, as defined in section 1-200.
[(e)] (f) The department shall review each application to be
considered, as identified by the third-party lottery operator or Social
Equity Council, as applicable, to confirm [it] such application is Substitute House Bill No. 6699
Public Act No. 23-79 65 of 136
complete and to determine whether any application: (1) Includes a
backer with a disqualifying conviction; (2) [includes a backer that would
result in common ownership in violation of] exceeds the cap set forth in
section 21a-420i; or (3) has a backer who individually or in connection
with a cannabis business in another state or country has an
administrative finding or judicial decision that may substantively
compromise the integrity of the cannabis program, as determined by the
department, or that precludes its participation in this state's cannabis
program.
[(f)] (g) No additional backers may be added to a cannabis
establishment application between the time of lottery entry, or any
initial application for a license, and when a final license is awarded to
the cannabis establishment, except, if a backer of an applicant or
provisional licensee dies, the applicant or provisional licensee may
apply to the commissioner to replace the deceased backer, provided if
such applicant is a social equity applicant, the Social Equity Council
shall review ownership to ensure such replacement would not cause the
applicant to no longer qualify as a social equity applicant. A backer may
be removed from a cannabis establishment application selected through
the general lottery at any time upon notice to the department.
[(g)] (h) If an applicant [or a single backer of an applicant] is
disqualified on the basis of any of the criteria set forth in subsection [(e)]
(f) of this section, the entire application shall be denied, and such denial
shall be a final decision of the department [, provided backers of the
applicant entity named in the lottery application submission may be
removed prior to submission of a final license application unless such
removal would result in a social equity applicant no longer qualifying
as a social equity applicant. If] unless the applicant removes [any
backer] from such application all backers that would cause [the
applicant to be denied based on subsection (e) of this section, then the
applicant entity shall not be denied due to such backer's prior Substitute House Bill No. 6699
Public Act No. 23-79 66 of 136
involvement if such backer is removed within thirty days of notice by
the department of the disqualification of a backer] such denial not later
than thirty days after the department sends notice to the applicant
disclosing such denial. Any change to a social equity applicant shall be
reviewed and approved by the Social Equity Council before such change
is reviewed by the department. Not later than thirty days after [service
of] the department sends notice [upon] to the applicant [of a] disclosing
such denial, the applicant may appeal such denial to the Superior Court.
[in accordance with section 4-183.]
[(h)] (i) For each application denied pursuant to subsection [(e)] (f) of
this section, the department may, within its discretion, request that the
third-party lottery operator identify the next-ranked application in the
applicable lottery. If the applicant that was denied was a social equity
applicant, the next ranked social equity applicant shall first be reviewed
by the Social Equity Council to confirm that the applicant qualifies as a
social equity applicant prior to being further reviewed by the
department. This process may continue until the department has
identified for further consideration the number of applications
equivalent to the maximum number set forth on its Internet web site
pursuant to subsection (b) of this section. If the number of applications
remaining is less than the maximum num ber posted on the
department's Internet web site, the department shall award fewer
licenses. To the extent the denials result in less than fifty per cent of
applicants being social equity applicants, the department shall continue
to review and issue provisional and final licenses for the remaining
applications, but shall reopen the application period only for social
equity applicants.
[(i)] (j) All applicants selected in the lottery and not denied shall be
provided a provisional license application, which shall be submitted in
a form and manner prescribed by the commissioner. [Applicants]
Lottery applicants shall have sixty days from the date they receive their Substitute House Bill No. 6699
Public Act No. 23-79 67 of 136
provisional application to complete the application. The right to apply
for a provisional license is nontransferable. Upon receiving a
provisional application from an applicant, the department shall review
the application for completeness and to confirm that all information
provided is acceptable and in compliance with this section and any
regulations adopted under this section. If a provisional application does
not meet the standards set forth in this section, the applicant shall not
be provided a provisional license. A provisional license issued by the
department to an applicant on or before June 30, 2023, other than a
provisional license issued pursuant to section 21a-420o, shall expire
twenty-four months after the date on which the department issued such
provisional license and shall not be renewed. A provisional license
issued by the department to an applicant on or after July 1, 2023, other
than a provisional license issued pursuant to section 21a-420o, shall
expire after fourteen months and shall not be renewed. Upon granting
a provisional license, the department shall notify the applicant of the
project labor agreement requirements of section 21a-421e. A provisional
licensee may apply for a final license of the license type for which the
licensee applied during the initial application period. A provisional
license shall be nontransferable. If the provisional application does not
meet the standards set forth in this section or is not completed within
sixty days, the applicant shall not receive a provisional license. The
decision of the department not to award a provisional license shall be
final and may be appealed in accordance with section 4-183. Nothing in
this section shall prevent a provisional applicant from submitting an
application for a future lottery.
[(j)] (k) Final license applications shall be submitted on a form and in
a manner approved by the commissioner and shall include, but not be
limited to, the information set forth in this section, as well as evidence
of the following:
(1) A contract with an entity providing an approved electronic Substitute House Bill No. 6699
Public Act No. 23-79 68 of 136
tracking system as set forth in section 21a-421n;
(2) A right to occupy the location at which the cannabis establishment
operation will be located;
(3) Any necessary local zoning approval for the cannabis
establishment operation;
(4) A labor peace agreement complying with section 21a-421d, as
amended by this act, has been entered into between the cannabis
establishment and a bona fide labor organization, as defined in section
21a-421d, as amended by this act;
(5) A certification by the applicant that a project labor agreement
complying with section 21a-421e will be entered into by the cannabis
establishment prior to construction of any facility to be used in the
operation of a cannabis establishment;
(6) A social equity plan approved by the Social Equity Council;
(7) A workforce development plan approved by the Social Equity
Council;
(8) Written policies for preventing diversion and misuse of cannabis
and sales to underage persons; and
(9) All other security requirements set forth by the department based
on the specific license type.
[(k)] (l) At any point prior to the expiration of the provisional license,
the department may award a provisional licensee a final license for the
license type for which the licensee applied. Prior to receiving final
license approval, a provisional licensee shall not possess, distribute,
manufacture, sell or transfer cannabis. The department may conduct site
inspections prior to issuing a final license. Substitute House Bill No. 6699
Public Act No. 23-79 69 of 136
[(l)] (m) At any time after receiving a final license, a cannabis
establishment may begin operations, provided all other requirements
for opening a business in compliance with the laws of this state are
complete and all employees have been registered and all key employees
and backers have been licensed, with the department.
Sec. 26. Subsection (e) of section 21a-420j of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(e) Equity joint ventures that are retailers or hybrid retailers that share
a common [cultivator or] cultivator backer or owner shall not be located
within twenty miles of [another commonly owned equity joint venture]
each other.
Sec. 27. Subsection (d) of section 21a-420l of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(d) For purposes of this section, "social equity partner" means a
person that is controlled, and at least sixty-five per cent owned, [and
controlled] by an individual or individuals, or such applicant is an
individual, who:
(1) Had an average household income of less than three hundred per
cent of the state median household income over the three tax years
immediately preceding such individual's application; and
(2) (A) Was a resident of a disproportionately impacted area for not
less than five of the ten years immediately preceding the date of such
application; or
(B) Was a resident of a disproportionately impacted area for not less
than nine years prior to attaining the age of eighteen. Substitute House Bill No. 6699
Public Act No. 23-79 70 of 136
Sec. 28. Subsections (b) to (f), inclusive, of section 21a-420m of the
general statutes are repealed and the following is substituted in lieu
thereof (Effective July 1, 2023):
(b) The equity joint venture shall be in any cannabis establishment
licensed business, other than a cultivator license, provided such equity
joint venture is at least fifty per cent owned and controlled by an
individual or individuals who meet, or the equity joint venture
applicant is an individual who meets, the criteria established in
subparagraphs (A) and (B) of subdivision [(48)] (50) of section 21a-420,
as amended by this act.
(c) The equity joint venture applicant shall submit an application to
the Social Equity Council that may include, but need not be limited to,
evidence of business formation, ownership allocation, terms of
ownership and financing and proof of social equity status. The equity
joint venture applicant shall submit to the Social Equity Council
information including, but not limited to, the organizing documents of
the entity that outline the ownership stake of each backer, initial backer
investment and payout information to enable the council to determine
the terms of ownership.
(d) Upon obtaining the written approval of the Social Equity Council
for an equity joint venture, the equity joint venture applicant shall apply
for a license from the department in the same form as required by all
other licensees of the same license type, except that such application
shall not be subject to the lottery.
(e) A producer, including the backer of such producer, shall not
increase its ownership in an equity joint venture in excess of fifty per
cent during the seven-year period after a license is issued by the
department under this section.
(f) Equity joint ventures that are retailers or hybrid retailers that share Substitute House Bill No. 6699
Public Act No. 23-79 71 of 136
a common [producer or] producer backer [and that are retailers or
hybrid retailers] or owner shall not be located within twenty miles of
[another commonly owned equity joint venture] each other.
Sec. 29. Subsection (d) of section 21a-420n of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(d) A cultivator may sell, transfer or transport its cannabis to a
dispensary facility, hybrid retailer, retailer, food and beverage
manufacturer, product manufacturer, research program, cannabis
testing laboratory or product packager utilizing its own employees or a
transporter. A cultivator shall not sell, transfer or deliver to consumers,
qualifying patients or caregivers, directly or through a delivery service.
Sec. 30. Subsection (e) of section 21a-420p of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(e) A micro-cultivator may sell, transfer or transport its cannabis to a
dispensary facility, hybrid retailer, retailer, delivery service, food and
beverage manufacturer, product manufacturer, research program,
cannabis testing laboratory or product packager, provided the cannabis
is cultivated, grown and propagated at the micro-cultivator's licensed
establishment and transported utilizing the micro-cultivator's own
employees or a transporter. A micro-cultivator shall not gift or transfer
cannabis or cannabis products at no cost to a consumer as part of a
commercial transaction.
Sec. 31. Subsection (b) of section 21a-420r of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(b) A retailer may obtain cannabis from a cultivator, micro-cultivator,
producer, product packager, food and beverage manufacturer, product Substitute House Bill No. 6699
Public Act No. 23-79 72 of 136
manufacturer or transporter or an undeliverable return from a delivery
service. A retailer may sell, transport or transfer cannabis or cannabis
products to a delivery service, cannabis testing laboratory or research
program. A retailer may sell cannabis to a consumer or research
program. A retailer may not conduct sales of medical marijuana
products nor offer discounts or other inducements to qualifying patients
or caregivers. A retailer shall not gift or transfer cannabis at no cost to a
consumer as part of a commercial transaction.
Sec. 32. Subsection (b) of section 21a-420s of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(b) A hybrid retailer may obtain cannabis from a cultivator, micro-
cultivator, producer, product packager, food and beverage
manufacturer, product manufacturer or transporter. In addition to the
activities authorized under section 21a-420t, a hybrid retailer may sell,
transport or transfer cannabis to a delivery service, cannabis testing
laboratory or research program. A hybrid retailer may sell cannabis
products to a consumer or research program. A hybrid retailer shall not
gift or transfer cannabis at no cost to a consumer, qualifying patient or
caregiver as part of a commercial transaction.
Sec. 33. Subsections (b) to (f), inclusive, of section 21a-420u of the
general statutes are repealed and the following is substituted in lieu
thereof (Effective July 1, 2023):
(b) Any equity joint venture created under this section shall be
created for the development of a cannabis establishment, other than a
cultivator, provided such equity joint venture is at least fifty per cent
owned and controlled by an individual or individuals who meet, or the
equity joint venture applicant is an individual who meets, the criteria
established in subparagraphs (A) and (B) of subdivision [(48)] (50) of
section 21a-420, as amended by this act. Substitute House Bill No. 6699
Public Act No. 23-79 73 of 136
(c) An equity joint venture applicant shall submit an application to
the Social Equity Council that may include, but need not be limited to,
evidence of business formation, ownership allocation, terms of
ownership and financing and proof of social equity status. The equity
joint venture applicant shall submit to the Social Equity Council
information including, but not limited to, the organizing documents of
the entity that outline the ownership stake of each backer, initial backer
investment and payout information to enable the council to determine
the terms of ownership.
(d) Upon receipt of written approval of the equity joint venture by
the Social Equity Council, the equity joint venture applicant shall apply
for a license from the department in the same form as required by all
other licensees of the same license type and subject to the same fees as
required by all other licensees of the same license type, except that such
application shall not be subject to the lottery process.
(e) A dispensary facility, including the backers of such dispensary
facility, shall not increase its ownership in an equity joint venture in
excess of fifty per cent during the seven-year period after a license is
issued by the department under this section.
(f) Equity joint ventures that are retailers or hybrid retailers that share
a common [dispensary facility or] dispensary facility backer or owner,
or hybrid retailer backer or owner, shall not be located within twenty
miles of [another commonly owned equity joint venture] each other.
Sec. 34. Section 21a-420w of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) On and after July 1, 2021, the department may issue or renew a
license for a person to be a food and beverage manufacturer. No person
may act as a food and beverage manufacturer or represent that such
person is a licensed food and beverage manufacturer unless such person Substitute House Bill No. 6699
Public Act No. 23-79 74 of 136
has obtained a license from the department pursuant to this section.
(b) A food and beverage manufacturer may incorporate cannabis into
foods or beverages as an ingredient. A food and beverage manufacturer
shall not perform extraction of cannabis into a cannabis concentrate nor
create any product that is not a food or beverage intended to be
consumed by humans.
(c) A food and beverage manufacturer may package or label any food
or beverage prepared by the food and beverage manufacturer at the
establishment subject to the license.
(d) A food and beverage manufacturer may sell, transfer or transport
its own products to a cannabis establishment, cannabis testing
laboratory or research program, utilizing its employees or a transporter.
A food and beverage manufacturer may not deliver any cannabis,
cannabis products or food or beverage incorporating cannabis to a
consumer, directly or through a delivery service.
(e) All products created by a food and beverage manufacturer shall
be labeled in accordance with the policies and procedures issued by the
commissioner to implement, and any regulations adopted pursuant to,
RERACA as well as federal Food and Drug Administration and United
States Department of Agriculture requirements.
(f) A food and beverage manufacturer shall ensure all equipment
utilized for manufacturing, processing and packaging cannabis is
sanitary and inspected regularly to deter the adulteration of cannabis in
accordance with RERACA as well as federal Food and Drug
Administration and United States Department of Agriculture
requirements.
(g) (1) A food and beverage manufacturer may expand the food and
beverage manufacturer's authorized activities to include the authorized
activities of a product manufacturer if: (A) The food and beverage Substitute House Bill No. 6699
Public Act No. 23-79 75 of 136
manufacturer submits to the department (i) a completed license
expansion application on a form and in a manner prescribed by the
commissioner, and (ii) the fee prescribed in subparagraph (B) of
subdivision (6) of subsection (c) of section 21a-420e, as amended by this
act; and (B) the commissioner authorizes the food and beverage
manufacturer, in writing, to expand such food and beverage
manufacturer's authorized activities to include the authorized activities
of a product manufacturer.
(2) A food and beverage manufacturer that expands the food and
beverage manufacturer's authorized activities to include the authorized
activities of a product manufacturer under this subsection shall comply
with all provisions of this chapter, and all regulations, policies and
procedures prescribed pursuant to this chapter, concerning product
manufacturers. In the event of a conflict between any provision of this
chapter, or any regulation, policy or procedure prescribed pursuant to
this chapter, concerning food and beverage manufacturers and any such
provision, regulation, policy or procedure concerning product
manufacturers, the provision, regulation, policy or procedure imposing
the more stringent public health and safety standard shall prevail.
Sec. 35. Section 21a-420x of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) On and after July 1, 2021, the department may issue or renew a
license for a person to be a product manufacturer. No person may act as
a product manufacturer or represent that such person is a licensed
product manufacturer unless such person has obtained a license from
the department pursuant to this section.
(b) A product manufacturer may perform cannabis extractions,
chemical synthesis and all other manufacturing activities authorized by
the commissioner and published on the department's Internet web site. Substitute House Bill No. 6699
Public Act No. 23-79 76 of 136
(c) A product manufacturer may package and label cannabis
manufactured at its establishment subject to the license.
(d) A product manufacturer may sell, transfer or transport its own
products to a cannabis establishment, cannabis testing laboratory or
research program, provided such transportation is performed by
utilizing its own employees or a transporter. A product manufacturer
may not deliver any cannabis to a consumer directly or through a
delivery service.
(e) All products created by a product manufacturer shall be labeled
in accordance with the policies and procedures issued by the
commissioner to implement, and any regulations adopted pursuant to,
RERACA as well as federal Food and Drug Administration
requirements.
(f) A product manufacturer shall ensure all equipment utilized for
manufacturing, extracting, processing and packaging cannabis is
sanitary and inspected regularly to deter the adulteration of cannabis in
accordance with RERACA as well as federal Food and Drug
Administration requirements.
(g) (1) A product manufacturer may expand the product
manufacturer's authorized activities to include the authorized activities
of a food and beverage manufacturer if: (A) The product manufacturer
submits to the department (i) a completed license expansion application
on a form and in a manner prescribed by the commissioner, and (ii) the
fee prescribed in subparagraph (B) of subdivision (5) of subsection (c) of
section 21a-420e, as amended by this act; and (B) the commissioner
authorizes the product manufacturer, in writing, to expand such
product manufacturer's authorized activities to include the authorized
activities of a food and beverage manufacturer.
(2) All equipment that a product manufacturer utilizes to Substitute House Bill No. 6699
Public Act No. 23-79 77 of 136
manufacture edible cannabis products shall be sanitary and regularly
inspected in accordance with all applicable requirements established:
(A) In this chapter and the regulations, policies and procedures adopted
pursuant to this chapter; (B) by the United States Department of
Agriculture; and (C) by the United States Food and Drug
Administration.
(3) A product manufacturer shall label all edible cannabis products
that such product manufacturer manufactures in accordance with all
applicable requirements established: (A) In this chapter and the
regulations, policies and procedures adopted pursuant to this chapter;
(B) by the United States Department of Agriculture; and (C) by the
United States Food and Drug Administration.
(4) A product manufacturer that expands the product manufacturer's
authorized activities to include the authorized activities of a food and
beverage manufacturer under this subsection shall comply with all
provisions of this chapter, and all regulations, policies and procedures
prescribed pursuant to this chapter, concerning food and beverage
manufacturers. In the event of a conflict between any provision of this
chapter, or any regulation, policy or procedure prescribed pursuant to
this chapter, concerning product manufacturers and any such provision,
regulation, policy or procedure concerning food and beverage
manufacturers, the provision, regulation, policy or procedure imposing
the more stringent public health and safety standard shall prevail.
Sec. 36. Subsection (b) of section 21a-420y of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(b) A product packager may obtain cannabis from a producer,
cultivator, micro-cultivator, food and beverage manufacturer or a
product manufacturer, provided the product packager utilizes its own
employees or a transporter. The product packager may sell, transfer or Substitute House Bill No. 6699
Public Act No. 23-79 78 of 136
transport cannabis to and from any cannabis establishment, cannabis
testing laboratory or research program, provided the product packager
only transports cannabis packaged at its licensed establishment and
utilizing its own employees or a transporter.
Sec. 37. Section 21a-420z of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) On and after July 1, 2021, the department may issue or renew a
license for a person to be a delivery service or a transporter. No person
may act as a delivery service or transporter or represent that such person
is a licensed delivery service or transporter unless such person has
obtained a license from the department pursuant to this section.
(b) Upon application for a delivery service or transporter license, the
applicant shall indicate whether the applicant is applying to transport
cannabis (1) between cannabis establishments, in which case the
applicant shall apply for a transporter license, or (2) from certain
cannabis establishments to consumers or qualifying patients and
caregivers, or a combination thereof, in which case the applicant shall
apply for a delivery service license.
(c) A delivery service may (1) deliver cannabis from a micro-
cultivator, retailer, or hybrid retailer directly to a consumer, and (2)
deliver cannabis and medical marijuana products from a hybrid retailer
or dispensary facility directly to a qualifying patient, caregiver, or
hospice or other inpatient care facility licensed by the Department of
Public Health pursuant to chapter 368v that has protocols for the
handling and distribution of cannabis that have been approved by the
Department of Consumer Protection. A delivery service may not store
or maintain control of cannabis or medical marijuana products for more
than twenty-four hours between the point when a consumer, qualifying
patient, caregiver or facility places an order, until the time that the
cannabis or medical marijuana product is delivered to such consumer, Substitute House Bill No. 6699
Public Act No. 23-79 79 of 136
qualifying patient, caregiver or facility.
(d) A transporter may deliver cannabis between cannabis
establishments, research programs and cannabis testing laboratories
and shall not store or maintain control of cannabis for more than twenty-
four hours from the time the transporter obtains the cannabis from a
cannabis establishment, research program or cannabis testing
laboratory until the time such cannabis is delivered to the destination.
(e) The commissioner shall adopt regulations, in accordance with
chapter 54, to implement the provisions of RERACA. Notwithstanding
the requirements of sections 4-168 to 4-172, inclusive, in order to
effectuate the purposes of RERACA and protect public health and
safety, prior to adopting such regulations the commissioner shall issue
policies and procedures to implement the provisions of this section that
shall have the force and effect of law. The commissioner shall post all
policies and procedures on the department's Internet web site, and
submit such policies and procedures to the Secretary of the State for
posting on the eRegulations System, at least fifteen days prior to the
effective date of any policy or procedure. Any such policy or procedure
shall no longer be effective upon the earlier of either adoption of such
policy or procedure as a final regulation under section 4-172 or forty-
eight months from July 1, 2021, if such final regulations have not been
submitted to the legislative regulation review committee for
consideration under section 4-170. The commissioner shall issue policies
and procedures, and thereafter adopt final regulations, requiring that:
(1) The delivery service and transporter meet certain security
requirements related to the storage, handling and transport of cannabis,
the vehicles employed, the conduct of employees and agents, and the
documentation that shall be maintained by the delivery service,
transporter and its drivers; (2) a delivery service that delivers cannabis
to consumers maintain an online interface that verifies the age of
consumers ordering cannabis for delivery and meets certain Substitute House Bill No. 6699
Public Act No. 23-79 80 of 136
specifications and data security standards; and (3) a delivery service that
delivers cannabis to consumers, qualifying patients or caregivers, and
all employees and agents of such licensee, to verify the identity of the
qualifying patient, caregiver or consumer and the age of the consumer
upon delivery of cannabis to the end consumer, qualifying patient or
caregiver, in a manner acceptable to the commissioner. The individual
placing the cannabis order shall be the individual accepting delivery of
the cannabis except, in the case of a qualifying patient, the individual
accepting the delivery may be the caregiver of such qualifying patient.
(f) A delivery service shall not gift or transfer cannabis at no cost to a
consumer or qualifying patient or caregiver as part of a commercial
transaction.
(g) A delivery service that employs twelve or more individuals to
deliver cannabis pursuant to subsection (c) of this section may only use
individuals employed on a full-time basis, not less than thirty-five hours
a week, to deliver cannabis pursuant to subsection (c) of this section.
Any delivery service employees who deliver cannabis shall be
registered with the department, and a delivery service shall not employ
more than twenty-five such delivery employees at any given time.
(h) No provision of this section shall be construed to excuse any
delivery service from the requirement that such delivery service enter
into a labor peace agreement with a bona fide labor organization under
section 21a-421d, as amended by this act.
Sec. 38. Subsection (a) of section 21a-421a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(a) Each employee of a cannabis establishment, cannabis testing
laboratory or research program, other than a key employee, shall
annually apply for and obtain a registration, on a form and in a manner Substitute House Bill No. 6699
Public Act No. 23-79 81 of 136
prescribed by the commissioner, prior to commencing employment at
the cannabis establishment business.
Sec. 39. Section 21a-421b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) For the purposes of this section:
(1) "Applicant" means an entity applying for an initial or renewal
cannabis establishment or cannabis testing laboratory license;
(2) "Entity" means an association, company, corporation,
organization, partnership, sole proprietorship or trust;
(3) "Executive managerial control" means, with respect to an
individual, the authority or power to direct or influence the direction or
operation of an applicant through agreement, board membership,
contract or voting power;
(4) "Manager" means an individual who is not a key employee and
has (A) an ownership interest in an applicant, and (B) executive
managerial control of an applicant;
(5) "Owner" means an individual who has more than a five per cent
ownership interest in an applicant; and
(6) "Ownership interest" means the possession of equity in the assets,
capital, profits or stock of an applicant.
[(a) On and after July 1, 2021, the] (b) The commissioner shall require
[all individuals listed on an application for a cannabis establishment
license, laboratory or research program license, or key employee license
to submit to] that a fingerprint-based state and national criminal history
records [checks before such license is issued. The criminal history
records checks required pursuant to this subsection shall] check be
conducted in accordance with section 29-17a [. Upon renewal, the] for Substitute House Bill No. 6699
Public Act No. 23-79 82 of 136
each key employee, manager and owner of an applicant. The
commissioner may require [all individuals listed on an application for a
cannabis establishment license, laboratory or research program license,
or key employee license to be fingerprinted and] such key employees,
managers and owners to submit to a state and national criminal history
records check conducted in accordance with section 29-17a before [such
renewal] issuing a license [is issued] renewal.
(c) A key employee, manager or owner shall be denied a license in
the event that the key employee's background check reveals a
disqualifying conviction.
[(b)] (d) The department shall charge the applicant a fee equal to the
amount charged to the department to conduct a state and national
criminal history records check of the applicant.
Sec. 40. Section 21a-421d of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) As used in this section:
(1) "Bona fide labor organization" means (A) with respect to a labor
peace agreement entered into on or before September 30, 2023, a labor
union that [(A)] (i) represents employees in this state with regard to
wages, hours and working conditions, [(B)] (ii) whose officers have been
elected by a secret ballot or otherwise in a manner consistent with
federal law, [(C)] (iii) is free of domination or interference by any
employer and has received no improper assistance or support from any
employer, and [(D)] (iv) is actively seeking to represent cannabis
workers in the state, and (B) with respect to a labor peace agreement
entered into on or after October 1, 2023, a labor union that is included
on the list established and periodically updated by the department
pursuant to subsection (b) of this section;
(2) "Labor peace agreement" means an agreement between a cannabis Substitute House Bill No. 6699
Public Act No. 23-79 83 of 136
establishment and a bona fide labor organization under this section
pursuant to which the owners and management of the cannabis
establishment agree not to lock out employees and that prohibits the
bona fide labor organization from engaging in picketing, work
stoppages or boycotts against the cannabis establishment;
(3) "Cannabis establishment", "dispensary facility" and "producer"
have the same meanings as provided in section 21a-420, as amended by
this act; and
(4) "Licensee" means a cannabis establishment licensee, dispensary
facility or producer.
(b) (1) Not later than October 1, 2023, the department shall establish
and periodically update a list of labor unions that (A) are actively
seeking to represent cannabis workers in this state, and (B) satisfy the
criteria established in subdivision (2) of this subsection.
(2) Not later than September 1, 2023, the department shall accept
applications for inclusion on the list established pursuant to subdivision
(1) of this subsection. Any labor union that wishes to be included on
such list shall submit an application to the department, in a form and
manner prescribed by the department. As part of such application, such
labor union shall attest, under penalty of false statement, that such labor
union:
(A) Is actively seeking to represent cannabis workers in this state;
(B) Satisfies at least two of the following criteria:
(i) Such labor union represents employees in this state with regard to
wages, hours and working conditions;
(ii) Such labor union has been recognized or certified as the
bargaining representative for cannabis employees employed at cannabis Substitute House Bill No. 6699
Public Act No. 23-79 84 of 136
establishments in this state;
(iii) Such labor union has executed one or more collective bargaining
agreements with cannabis establishment employers in this state, which
agreement or agreements remain effective on the date of such labor
union's application under this subsection; or
(iv) Such labor union has spent resources as part of one or more
attempts to organize and represent cannabis workers employed at
cannabis establishments in the state, which attempt or attempts remain
active on the date of such labor union's application under this
subsection;
(C) Has filed the annual report required by 29 USC 431(b) for the
three years immediately preceding the date of such labor union's
application under this subsection;
(D) Has audited financial reports covering the three years
immediately preceding the date of such labor union's application under
this subsection;
(E) Was governed by a written constitution or bylaws for the three
years immediately preceding the date of such labor union's application
under this subsection;
(F) Is affiliated with regional or national associations of unions,
including, but not limited to, central labor councils;
(G) Is overseen by officers elected by secret ballot or otherwise in a
manner consistent with federal law;
(H) Is free from domination or interference by any employer; and
(I) Has not received any improper assistance or support from any
employer. Substitute House Bill No. 6699
Public Act No. 23-79 85 of 136
(3) In the event of any change in the information that a labor union
submits to the department under this subsection, the labor union shall
correct or update such information, in a form and manner prescribed by
the department, not later than thirty days after the date of such change.
(4) In the event that a labor union no longer satisfies the criteria
established in subdivision (2) of this subsection, the labor union shall
notify the department, in a form and manner prescribed by the
department and not later than thirty days after such labor union no
longer satisfies such criteria, that such labor union no longer satisfies
such criteria. The department shall remove such labor union from the
list prepared pursuant to subdivision (1) of this subsection.
[(b)] (c) Any provisional cannabis establishment licensee, dispensary
facility or producer shall, as a condition of its final license approval,
license conversion or approval for expanded authorization,
respectively, enter into a labor peace agreement with a bona fide labor
organization. Any such labor peace agreement shall contain a clause
that the parties agree that final and binding arbitration by a neutral
arbitrator will be the exclusive remedy for any violation of such
agreement.
[(c)] (d) Notwithstanding the provisions of chapter 54, if an arbitrator
finds that a licensee failed to comply with an order issued by the
arbitrator to correct a failure to abide by such agreement, upon receipt
of a written copy of such finding, the department shall suspend the
licensee's license without further administrative proceedings or formal
hearing.
[(d)] (e) A licensee or bona fide labor organization may commence a
civil action in the Superior Court in the judicial district where the facility
used in the operation of a cannabis establishment is located to enforce
the arbitration award or to lift the license suspension. The license shall
remain suspended until such time that: (1) [the] The arbitrator notifies, Substitute House Bill No. 6699
Public Act No. 23-79 86 of 136
or both of the parties to the arbitration notify, the department that the
licensee is in compliance with the arbitration award; (2) both of the
parties to the arbitration notify the department that they have
satisfactorily resolved their dispute; (3) the court, after hearing, lifts the
suspension; or (4) the court, after hearing, orders alternative remedies,
which may include, but need not be limited to, ordering the department
to revoke the license or ordering the appointment of a receiver to
properly dispose of any cannabis inventory. Except as provided in
subsection [(e)] (f) of this section, during such time that a license is
suspended pursuant to this section, the licensee may engage in conduct
necessary to maintain and secure the cannabis inventory, but may not
sell, transport or transfer cannabis to another cannabis establishment,
consumer or laboratory, unless such sale or transfer is associated with a
voluntary surrender of license and a cannabis disposition plan
approved by the commissioner.
[(e)] (f) A producer, cultivator or micro-cultivator may sell, transport
or transfer cannabis to a product packager, food or beverage
manufacturer, product manufacturer, dispensary facility or hybrid
retailer for the sale of products to qualified patients or caregivers, which
products shall be labeled "For Medical Use Only".
Sec. 41. Section 21a-421j of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) As used in this section, "total THC" has the same meaning as
provided in section 21a-240, as amended by this act.
(b) The commissioner shall adopt regulations in accordance with
chapter 54 to implement the provisions of RERACA. Notwithstanding
the requirements of sections 4-168 to 4-172, inclusive, in order to
effectuate the purposes of RERACA and protect public health and
safety, prior to adopting such regulations the commissioner shall issue
policies and procedures to implement the provisions of RERACA that Substitute House Bill No. 6699
Public Act No. 23-79 87 of 136
shall have the force and effect of law. The commissioner shall post all
policies and procedures on the department's Internet web site and
submit such policies and procedures to the Secretary of the State for
posting on the eRegulations System, at least fifteen days prior to the
effective date of any policy or procedure. The commissioner shall also
provide such policies and procedures, in a manner prescribed by the
commissioner, to each licensee. Any such policy or procedure shall no
longer be effective upon the earlier of either the adoption of the policy
or procedure as a final regulation under section 4-172 or forty-eight
months from June 22, 2021, if such regulations have not been submitted
to the legislative regulation review committee for consideration under
section 4-170. The commissioner shall issue policies and procedures and
thereafter final regulations that include, but are not limited to, the
following:
(1) Setting appropriate dosage, potency, concentration and serving
size limits and delineation requirements for cannabis, provided a
standardized serving of edible cannabis product or beverage, other than
a medical marijuana product, shall contain not more than five
milligrams of THC. [;]
(2) Requiring that each single standardized serving of cannabis
product in a multiple-serving edible product or beverage is physically
demarked in a way that enables a reasonable person to determine how
much of the product constitutes a single serving and a maximum
amount of THC per multiple-serving edible cannabis product or
beverage. [;]
(3) Requiring that, if it is impracticable to clearly demark every
standardized serving of cannabis product or to make each standardized
serving easily separable in an edible cannabis product or beverage, the
product, other than cannabis concentrate or medical marijuana product,
shall contain not more than five milligrams of THC per unit of sale. [;] Substitute House Bill No. 6699
Public Act No. 23-79 88 of 136
(4) Establishing, in consultation with the Department of Mental
Health and Addiction Services, consumer health materials that shall be
posted or distributed, as specified by the commissioner, by cannabis
establishments to maximize dissemination to cannabis consumers.
Consumer health materials may include pamphlets, packaging inserts,
signage, online and printed advertisements and advisories and printed
health materials. [;]
(5) Imposing labeling and packaging requirements for cannabis sold
by a cannabis establishment that include, but are not limited to, the
following:
(A) [A] Inclusion of universal [symbol] symbols to indicate that
cannabis, or a cannabis product, [contains cannabis] contains THC and
is not legal or safe for individuals younger than twenty-one years of age,
and prescribe how such product and product packaging shall utilize
and exhibit such [symbol;] symbols.
(B) A disclosure concerning the length of time it typically takes for
the cannabis to affect an individual, including that certain forms of
cannabis take longer to have an effect. [;]
(C) A notation of the amount of cannabis the cannabis product is
considered the equivalent to. [;]
(D) A list of ingredients and all additives for cannabis. [;]
(E) Child-resistant, tamper-resistant and light-resistant packaging,
including requiring that an edible product be individually wrapped. [;]
For the purposes of this subparagraph, packaging shall be deemed to be
(i) child-resistant if the packaging satisfies the standard for special
packaging established in 16 CFR 1700.1(b)(4), as amended from time to
time, (ii) tamper-resistant if the packaging has at least one barrier to, or
indicator of, entry that would preclude the contents of such packaging
from being accessed or adulterated without indicating to a reasonable Substitute House Bill No. 6699
Public Act No. 23-79 89 of 136
person that such packaging has been breached, and (iii) light-resistant if
the packaging is entirely and uniformly opaque and protects the entirety
of the contents of such packaging from the effects of light.
(F) Packaging for cannabis intended for multiple servings to be
resealable in such a manner so as to render such packaging continuously
child-resistant, as described in subparagraph (E)(i) of this subdivision,
and preserve the integrity of the contents of such packaging.
(G) Impervious packaging that protects the contents of such
packaging from contamination and exposure to any toxic or harmful
substance, including, but not limited to, any glue or other adhesive or
substance that is incorporated in such packaging.
[(F)] (H) Product tracking information sufficient to determine where
and when the cannabis was grown and manufactured such that a
product recall could be effectuated. [;]
[(G)] (I) A net weight statement. [;]
[(H)] (J) A recommended use by or expiration date. [; and]
[(I)] (K) Standard and uniform packaging and labeling, including, but
not limited to, requirements (i) regarding branding or logos, (ii) that all
packaging be opaque, and (iii) that amounts and concentrations of THC
and cannabidiol, per serving and per package, be clearly marked on the
packaging or label of any cannabis product sold. [;]
(L) For any cannabis concentrate cannabis product that contains a
total THC percentage greater than thirty per cent, a warning that such
cannabis product is a high-potency product and may increase the risk
of psychosis.
(M) Chemotypes, which shall be displayed as (i) "High THC, Low
CBD" where the ratio of THC to CBD is greater than five to one and the Substitute House Bill No. 6699
Public Act No. 23-79 90 of 136
total THC percentage is at least fifteen per cent, (ii) "Moderate THC,
Moderate CBD" where the ratio of THC to CBD is at least one to five but
not greater than five to one and the total THC percentage is greater than
five per cent but less than fifteen per cent, (iii) "Low THC, High CBD"
where the ratio of THC to CBD is less than one to five and the total THC
percentage is not greater than five per cent, or (iv) the chemotype
described in clause (i), (ii) or (iii) of this subparagraph that most closely
fits the cannabis or cannabis product, as determined by mathematical
analysis of the ratio of THC to CBD, where such cannabis or cannabis
product does not fit a chemotype described in clause (i), (ii) or (iii) of
this subparagraph.
(N) A requirement that, prior to being sold and transferred to a
consumer, qualifying patient or caregiver, cannabis packaging be
clearly labeled, whether printed directly on such packaging or affixed
by way of a separate label, other than an extended content label, with:
(i) A unique identifier generated by a cannabis analytic tracking
system maintained by the department and used to track cannabis under
the policies and procedures issued, and final regulations adopted, by
the commissioner pursuant to this section; and
(ii) The following information concerning the cannabis contained in
such packaging, which shall be in legible English, black lettering, Times
New Roman font, flat regular typeface, on a contrasting background
and in uniform size of not less than one-tenth of one inch, based on a
capital letter "K", which information shall also be available on the
Internet web site of the cannabis establishment that sells and transfers
such cannabis:
(I) The name of such cannabis, as registered with the department
under the policies and procedures issued, and final regulations adopted,
by the commissioner pursuant to this section. Substitute House Bill No. 6699
Public Act No. 23-79 91 of 136
(II) The expiration date, which shall not account for any refrigeration
after such cannabis is sold and transferred to the consumer, qualifying
patient or caregiver.
(III) The net weight or volume, expressed in metric and imperial
units.
(IV) The standardized serving size, expressed in customary units, and
the number of servings included in such packaging, if applicable.
(V) Directions for use and storage.
(VI) Each active ingredient comprising at least one per cent of such
cannabis, including cannabinoids, isomers, esters, ethers and salts and
salts of isomers, esters and ethers, and all quantities thereof expressed
in metric units and as a percentage of volume.
(VII) A list of all known allergens, as identified by the federal Food
and Drug Administration, contained in such cannabis, or the denotation
"no known FDA identified allergens" if such cannabis does not contain
any allergen identified by the federal Food and Drug Administration.
(VIII) The following warning statement within, and outlined by, a red
box:
"This product is not FDA-approved, may be intoxicating, cause long-
term physical and mental health problems, and have delayed side
effects. It is illegal to operate a vehicle or machinery under the influence
of cannabis. Keep away from children."
(IX) At least one of the following warning statements, rotated
quarterly on an alternating basis:
"Warning: Frequent and prolonged use of cannabis can contribute to
mental health problems over time, including anxiety, depression,
stunted brain development and impaired memory." Substitute House Bill No. 6699
Public Act No. 23-79 92 of 136
"Warning: Consumption while pregnant or breastfeeding may be
harmful."
"Warning: Cannabis has intoxicating effects and may be habit-
forming and addictive."
"Warning: Consuming more than the recommended amou nt may
result in adverse effects requiring medical attention.".
(X) All information necessary to comply with labeling requirements
imposed under the laws of this state or federal law, including, but not
limited to, sections 21a-91 to 21a-120, inclusive, and 21a-151 to 21a-159,
inclusive, the Federal Food, Drug and Cosmetic Act, 21 USC 301 et seq.,
as amended from time to time, and the federal Fair Packaging and
Labeling Act, 15 USC 1451 et seq., as amended from time to time, for
similar products that do not contain cannabis.
(XI) Such additional warning labels for certain cannabis products as
the commissioner may require and post on the department's Internet
web site.
(6) Establishing laboratory testing standards. [;]
(7) Restricting forms of cannabis products and cannabis product
delivery systems to ensure consumer safety and deter public health
concerns. [;]
(8) Prohibiting certain manufacturing methods, or inclusion of
additives to cannabis products, including, but not limited to, (A) added
flavoring, terpenes or other additives unless approved by the
department, or (B) any form of nicotine or other additive containing
nicotine. [;]
(9) Prohibiting cannabis product types that appeal to children. [;]
(10) Establishing physical and cyber security requirements related to Substitute House Bill No. 6699
Public Act No. 23-79 93 of 136
build out, monitoring and protocols for cannabis establishments as a
requirement for licensure. [;]
(11) Placing temporary limits on the sale of cannabis in the adult-use
market, if deemed appropriate and necessary by the commissioner, in
response to a shortage of cannabis for qualifying patients. [;]
(12) Requiring retailers and hybrid retailers to make best efforts to
provide access to (A) low-dose THC products, including products that
have one milligram and two and a half milligrams of THC per dose, and
(B) high-dose CBD products. [;]
(13) Requiring producers, cultivators, micro-cultivators, product
manufacturers and food and beverage manufacturers to register brand
names for cannabis, in accordance with the policies and procedures and
subject to the fee set forth in, regulations adopted under chapter 420f. [;]
(14) Prohibiting a cannabis establishment from selling, other than the
sale of medical marijuana products between cannabis establishments
and the sale of cannabis to qualified patients and caregivers, (A)
cannabis flower or other cannabis plant material with a total THC
concentration greater than thirty per cent on a dry-weight basis, and (B)
any cannabis product other than cannabis flower and cannabis plant
material with a total THC concentration greater than sixty per cent on a
dry-weight basis, except that the provisions of subparagraph (B) of this
subdivision shall not apply to the sale of prefilled cartridges for use in
an electronic cannabis delivery system, as defined in section 19a-342a
and the department may adjust the percentages set forth in
subparagraph (A) or (B) of this subdivision in regulations adopted
pursuant to this section for purposes of public health or to address
market access or shortage. As used in this subdivision, ["total THC" has
the same meaning as provided in section 21a-240 and] "cannabis plant
material" means material from the cannabis plant, as defined in section
21a-279a. [; and] Substitute House Bill No. 6699
Public Act No. 23-79 94 of 136
(15) Permitting the outdoor cultivation of cannabis.
(16) Prohibiting packaging that is (A) visually similar to any
commercially similar product that does not contain cannabis, or (B) used
for any good that is marketed to individuals reasonably expected to be
younger than twenty-one years of age.
(17) Allowing packaging to include a picture of the cannabis product
and contain a logo of one cannabis establishment, which logo may be
comprised of not more than three colors and provided neither black nor
white shall be considered one of such three colors.
(18) Requiring packaging to (A) be entirely and uniformly one color,
and (B) not incorporate any information, print, embossing, debossing,
graphic or hidden feature, other than any permitted or required label.
(19) Requiring that packaging and labeling for an edible cannabis
product, excluding the warning labels required under this subsection
and a picture of the cannabis product described in subdivision (17) of
this subsection but including, but not limited to, the logo of the cannabis
establishment, shall only be comprised of black and white or a
combination thereof.
(20) (A) Except as provided in subparagraph (B) of this subdivision,
requiring that delivery device cartridges be labeled, in a clearly legible
manner and in as large a font as the size of the device reasonably allows,
with only the following information (i) the name of the cannabis
establishment where the cannabis is grown or manufactured, (ii) the
cannabis brand, (iii) the total THC and total CBD content contained
within the delivery device cartridge, (iv) the expiration date, and (v) the
unique identifier generated by a cannabis analytic tracking system
maintained by the department and used to track cannabis under the
policies and procedures issued, and final regulations adopted, by the
commissioner pursuant to this section. Substitute House Bill No. 6699
Public Act No. 23-79 95 of 136
(B) A cannabis establishment may emboss, deboss or similarly print
the name of the cannabis establishment's business entity, and one logo
with not more than three colors, on a delivery device cartridge.
Sec. 42. Section 21a-421p of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) For sufficient cause found pursuant to subsection (b) of this
section, the commissioner may suspend or revoke a license or
registration, issue fines of not more than twenty-five thousand dollars
per violation, accept an offer in compromise or refuse to grant or renew
a license or registration issued pursuant to RERACA, or place such
licensee or registrant on probation, place conditions on such licensee or
registrant or take other actions [permitted] authorized by law.
Information from inspections and investigations conducted by the
department related to administrative complaints or cases shall not be
subject to disclosure under the Freedom of Information Act, as defined
in section 1-200, except after the department has entered into a
settlement agreement, or concluded its investigation or inspection as
evidenced by case closure, provided [that] nothing in this section shall
prevent the department from sharing information with other state and
federal agencies and law enforcement as it relates to investigating
violations of law.
(b) Any of the following shall constitute sufficient cause for such
action by the commissioner, including, but not limited to:
(1) Furnishing of false or fraudulent information in any application
or failure to comply with representations made in any application,
including, but not limited to, medical preservation plans and security
requirements;
(2) A civil judgment against or disqualifying conviction of a cannabis
establishment licensee, backer, key employee or license applicant; Substitute House Bill No. 6699
Public Act No. 23-79 96 of 136
(3) Failure to maintain effective controls against diversion, theft or
loss of cannabis, cannabis products or other controlled substances;
(4) Discipline by, or a pending disciplinary action or an unresolved
complaint against a cannabis establishment licensee, registrant or
applicant regarding any professional license or registration of any
federal, state or local government;
(5) Failure to keep accurate records and to account for the cultivation,
manufacture, packaging or sale of cannabis;
(6) Denial, suspension or revocation of a license or registration, or the
denial of a renewal of a license or registration, by any federal, state or
local government or a foreign jurisdiction;
(7) False, misleading or deceptive representations to the public or the
department;
(8) Return to regular stock of any cannabis where:
(A) The package or container containing the cannabis has been
opened, breached, tampered with or otherwise adulterated; or
(B) The cannabis has been previously sold to an end user or research
program subject;
(9) Involvement in a fraudulent or deceitful practice or transaction;
(10) Performance of incompetent or negligent work;
(11) Failure to maintain the entire cannabis establishment premises
or cannabis testing laboratory and contents in a secure, clean, orderly
and sanitary condition;
(12) [Permitting] Allowing another person to use the licensee's
license; Substitute House Bill No. 6699
Public Act No. 23-79 97 of 136
(13) Failure to properly register employees or license key employees,
or failure to notify the department of a change in key employees or
backers;
(14) An adverse administrative decision or delinquency assessment
against the cannabis establishment from the Department of Revenue
Services;
(15) Failure to cooperate or give information to the department, local
law enforcement authorities or any other enforcement agency upon any
matter arising out of conduct in connection with a research program or
at the premises of a cannabis establishment or a cannabis testing
laboratory; [or in connection with a research program;]
(16) Advertising in a manner prohibited by section 21a-421bb, as
amended by this act; or
(17) Failure to comply with any provision of RERACA, or any policies
and procedures issued by the commissioner to implement, or
regulations adopted pursuant to, RERACA.
(c) Upon refusal to issue or renew a license or registration, the
commissioner shall notify the applicant of the denial and of the
applicant's right to request a hearing within ten days from the date of
receipt of the notice of denial. If the applicant requests a hearing within
such ten-day period, the commissioner shall give notice of the grounds
for the commissioner's refusal and shall conduct a hearing concerning
such refusal in accordance with the provisions of chapter 54 concerning
contested cases. If the commissioner's denial of a license or registration
is sustained after such hearing, an applicant may not apply for a new
cannabis establishment, cannabis testing laboratory, backer or key
employee license, or employee registration or cannabis testing
laboratory employee registration, for a period of one year after the date
on which such denial was sustained. Substitute House Bill No. 6699
Public Act No. 23-79 98 of 136
(d) No person whose license or registration has been revoked may
apply for a cannabis establishment, backer or key employee license or
an employee registration for a period of one year after the date of such
revocation.
(e) The voluntary surrender of a license or registration, or failure to
renew a license or registration, shall not prevent the commissioner from
suspending or revoking such license or registration or imposing other
penalties permitted by RERACA.
Sec. 43. Subsections (a) to (d), inclusive, of section 21a-421bb of the
general statutes are repealed and the following is substituted in lieu
thereof (Effective July 1, 2023):
(a) No person, other than the holder of a cannabis establishment
license issued [by this state] pursuant to this chapter or a person who
provides professional services related to the purchase, sale or use of
cannabis, shall advertise any cannabis or services related to cannabis in
this state.
(b) Except as provided in subsection (d) of this section, cannabis
establishments shall not:
(1) Advertise, including, but not limited to, through a business name
or logo, cannabis, cannabis paraphernalia or goods or services related to
cannabis:
(A) In ways that target or are designed to appeal to individuals under
twenty-one years of age, including, but not limited to, spokespersons or
celebrities who appeal to individuals under the legal age to purchase
cannabis or cannabis products, depictions of a person under twenty-five
years of age consuming cannabis, or, the inclusion of objects, such as
toys, characters or cartoon characters, suggesting the presence of a
person under twenty-one years of age, or any other depiction designed
in any manner to be appealing to a person under twenty-one years of Substitute House Bill No. 6699
Public Act No. 23-79 99 of 136
age; or
(B) By using any image, or any other visual representation, of the
cannabis plant or any part of the cannabis plant, including, but not
limited to, the leaf of the cannabis plant;
(2) Engage in any advertising by means of any form of billboard
within one thousand five hundred feet of an elementary or secondary
school ground or a house of worship, recreation center or facility, child
care center, playground, public park or library, or engage in any
advertising by means of [an electronic or illuminated] a billboard
between the hours of six o'clock a.m. and eleven o'clock p.m.;
(3) Engage in advertising by means of any television, radio, Internet,
mobile application, social media or other electronic communication,
billboard or other outdoor signage, or print publication unless the
cannabis establishment has reliable evidence that at least ninety per cent
of the audience for the advertisement is reasonably expected to be
twenty-one years of age or older;
(4) Engage in advertising or marketing directed toward location-
based devices, including, but not limited to, cellular phones, unless the
marketing is a mobile device application installed on the device by the
owner of the device who is twenty-one years of age or older and
includes a permanent and easy opt-out feature and warnings that the
use of cannabis is restricted to persons twenty-one years of age or older;
(5) Advertise cannabis or cannabis products in a manner claiming or
implying, or permit any employee of the cannabis establishment to
claim or imply, that such products have curative or therapeutic effects,
or that any other medical claim is true, or allow any employee to
promote cannabis for a wellness purpose unless such claims are
substantiated as set forth in regulations adopted under chapter 420f or
verbally conveyed by a licensed pharmacist or other licensed medical Substitute House Bill No. 6699
Public Act No. 23-79 100 of 136
practitioner in the course of business in, or while representing, a hybrid
retail or dispensary facility;
(6) Sponsor charitable, sports, musical, artistic, cultural, social or
other similar events or advertising at, or in connection with, such an
event unless the cannabis establishment has reliable evidence that (A)
not more than ten per cent of the in-person audience at the event is
reasonably expected to be under the legal age to purchase cannabis or
cannabis products, and (B) not more than ten per cent of the audience
that will watch, listen or participate in the event is expected to be under
the legal age to purchase cannabis products;
(7) Advertise cannabis, cannabis products or cannabis paraphernalia
in any physical form visible to the public within five hundred feet of an
elementary or secondary school ground or a recreation center or facility,
child care center, playground, public park or library;
(8) Cultivate cannabis or manufacture cannabis products for
distribution outside of this state in violation of federal law, advertise in
any way that encourages the transportation of cannabis across state lines
or otherwise encourages illegal activity;
(9) Except for dispensary facilities and hybrid retailers, exhibit within
or upon the outside of the facility used in the operation of a cannabis
establishment, or include in any advertisement, the word "dispensary"
or any variation of such term or any other words, displays or symbols
indicating that such store, shop or place of business is a dispensary;
(10) Exhibit within or upon the outside of the premises subject to the
cannabis establishment license, or include in any advertisement the
words "drug store", "pharmacy", "apothecary", "drug", "drugs" or
"medicine shop" or any combination of such terms or any other words,
displays or symbols indicating that such store, shop or place of business
is a pharmacy; Substitute House Bill No. 6699
Public Act No. 23-79 101 of 136
(11) Advertise on or in public or private vehicles or at bus stops, taxi
stands, transportation waiting areas, train stations, airports or other
similar transportation venues including, but not limited to, vinyl-
wrapped vehicles or signs or logos on transportation vehicles not
owned by a cannabis establishment;
(12) Display cannabis, cannabis products or any image, or any other
visual representation, of the cannabis plant or any part of the cannabis
plant, including, but not limited to, the leaf of the cannabis plant, so as
to be clearly visible to a person from the exterior of the facility used in
the operation of a cannabis establishment, or display signs or other
printed material advertising any brand or any kind of cannabis or
cannabis product, or including any image, or any other visual
representation, of the cannabis plant or any part of the cannabis plant,
including, but not limited to, the leaf of the cannabis plant, on the
exterior of any facility used in the operation of a cannabis establishment;
(13) Utilize radio or loudspeaker, in a vehicle or in or outside of a
facility used in the operation of a cannabis establishment, for the
purposes of advertising the sale of cannabis or cannabis products; or
(14) Operate any web site advertising or depicting cannabis, cannabis
products or cannabis paraphernalia unless such web site verifies that
the entrants or users are twenty-one years of age or older.
(c) Except as provided in subsection (d) of this section, any
advertisements from a cannabis establishment shall contain the
following warning: "Do not use cannabis if you are under twenty-one
years of age. Keep cannabis out of the reach of children." In a print or
visual medium, such warning shall be conspicuous, easily legible and
shall take up not less than ten per cent of the advertisement space. In an
audio medium, such warning shall be at the same speed as the rest of
the advertisement and be easily intelligible. Substitute House Bill No. 6699
Public Act No. 23-79 102 of 136
(d) Any outdoor signage, including, but not limited to, any
monument sign, pylon sign or wayfinding sign, shall be deemed to
satisfy the audience requirement established in subdivision (3) of
subsection (b) of this section, be exempt from the distance requirement
established in subdivision (7) of subsection (b) of this section and [shall]
not be required to contain the warning required under subsection (c) of
this section, if such outdoor signage:
(1) Contains only the name and logo of the cannabis establishment;
(2) Does not include any image, or any other visual representation, of
the cannabis plant or any part of the cannabis plant, including, but not
limited to, the leaf of the cannabis plant;
(3) Is comprised of not more than three colors; and
(4) Is located:
(A) On the cannabis establishment's premises, regardless of whether
such cannabis establishment leases or owns such premises; or
(B) On any commercial property occupied by multiple tenants
including such cannabis establishment.
Sec. 44. Section 22-61l of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) For the purpose of this section and section 22-61m, as amended by
this act, the following terms have the same meaning as provided in 7
CFR 990.1, as amended from time to time: "Acceptable hemp THC level",
"Agricultural marketing service", "Audit", "Cannabis", "Conviction",
"Corrective action plan", "Culpable mental state greater than
negligence", "Decarboxylated", "Decarboxylation", "Disposal", "Dry
weight basis", "Gas chromatography", "Geospatial location", "Handle",
"Liquid chromatography", "Immature plants", "Information sharing Substitute House Bill No. 6699
Public Act No. 23-79 103 of 136
system", "Measurement of uncertainty", "Negligence",
"Phytocannabinoid", "Postdecarboxylation", "Remediation", "Reverse
distributor" and "Total THC". In addition, for the purpose of this section
and section 22-61m, as amended by this act:
(1) "Cannabidiol" or "CBD" means the nonpsychotropic compound by
the same name;
(2) "Certificate of analysis" means a certificate from a laboratory
describing the results of the laboratory's testing of a sample;
(3) "Commissioner" means the Commissioner of Agriculture, or the
commissioner's designated agent;
(4) "Cultivate" means to plant, grow, harvest, handle and store a plant
or crop;
(5) "Federal act" means the United States Agricultural Marketing Act
of 1946, 7 USC 1639o et seq., as amended from time to time;
(6) "Department" means the Department of Agriculture;
(7) "Hemp" has the same meaning as provided in the federal act;
(8) "Hemp products" means all manufacturer hemp products and
producer hemp products;
(9) "Independent testing laboratory" means a facility:
(A) For which no person who has any direct or indirect financial or
managerial interest in the laboratory and also has any direct or indirect
interest in a facility that:
(i) Produces, distributes, manufactures or sells hemp or hemp
products, or marijuana in any state or territory of the United States; or
(ii) Cultivates, processes, distributes, dispenses or sells marijuana; Substitute House Bill No. 6699
Public Act No. 23-79 104 of 136
and
(B) That is accredited as a laboratory in compliance with section 21a-
408-59 of the regulations of Connecticut state agencies;
(10) "Laboratory" means a laboratory that meets the requirements of
7 CFR 990.3 and that is accredited as a testing laboratory to International
Organization for Standardization (ISO) 17025 by a third-party
accrediting body such as the American Association for Laboratory
Accreditation or the Assured Calibration and Laboratory Accreditation
Select Services;
(11) "Law enforcement agency" means the Connecticut State Police,
the United States Drug Enforcement Administration, the Department of
Agriculture, the Department of Consumer Protection Drug Control
Division or any other federal, state or local law enforcement agency or
drug suppression unit;
(12) "Licensee" means an individual or entity that possesses a license
to produce or manufacture hemp or hemp products in this state;
(13) "Manufacture" means the conversion of the hemp plant into a by-
product by means of adding heat, solvents or any method of extraction
that modifies the original composition of the plant for the purpose of
creating a manufacturer hemp product for commercial or research
purposes;
(14) "Manufacturer" means a person in the state licensed by the
Commissioner of Consumer Protection to manufacture, handle, store
and market manufacturer hemp products pursuant to the provisions of
section 22-61m, as amended by this act, and any regulation adopted
pursuant to section 22-61m, as amended by this act;
(15) "Marijuana" has the same meaning as provided in section 21a-
240, as amended by this act; Substitute House Bill No. 6699
Public Act No. 23-79 105 of 136
(16) "Market" or "marketing" means promoting, distributing or
selling a hemp product within the state, in another state or outside of
the United States and includes efforts to advertise and gather
information about the needs or preferences of potential consumers or
suppliers;
(17) "On-site manager" means the individual designated by the
producer license applicant or producer responsible for on-site
management and operations of a licensed producer;
(18) "Pesticide" has the same meaning as "pesticide chemical" as
provided in section 21a-92;
(19) "Lot" means a contiguous area in a field, greenhouse or indoor
growing structure containing the same variety or strain of hemp
throughout the area;
(20) "Post-harvest sample" means a representative sample of the form
of hemp taken from the harvested hemp from a particular lot's harvest
that is collected in accordance with the procedures established by the
commissioner;
(21) "Pre-harvest sample" means a composite, representative portion
from plants in a hemp lot, that is collected in accordance with the
procedures established by the commissioner;
(22) "Produce" means to cultivate hemp or create any producer hemp
product;
(23) "State plan" means a state plan, as described in the federal act and
as authorized pursuant to this section;
(24) "THC" means delta-9-tetrahydrocannabinol;
(25) "Controlled Substances Act" or "CSA" means the Controlled
Substances Act as codified in 21 USC 801 et seq.; Substitute House Bill No. 6699
Public Act No. 23-79 106 of 136
(26) "Criminal history report" means the fingerprint-based state and
national criminal history record information obtained in accordance
with section 29-17a;
(27) "Drug Enforcement Administration" or "DEA" means the United
States Drug Enforcement Administration;
(28) "Farm service agency" or "FSA" means an agency of the United
States Department of Agriculture;
(29) "Key participant" means a sole proprietor, a partner in
partnership or a person with executive managerial control in an entity,
including persons such as a chief executive officer, chief operating
officer and chief financial officer;
(30) "Manufacturer hemp product" means a commodity
manufactured from the hemp plant, for commercial or research
purposes, that is intended for human ingestion, inhalation, absorption
or other internal consumption, that contains a THC concentration of not
more than 0.3 per cent on a dry weight basis or per volume or weight of
such manufacturer hemp product;
(31) "Producer" means an individual or entity licensed by the
commissioner to produce and market producer hemp products
pursuant to the federal act, the state plan, the provisions of this section
and the regulations adopted pursuant to this section;
(32) "Producer hemp product" means any of the following produced
in this state: Raw hemp product, fiber-based hemp product or animal
hemp food product, and each of which contains a THC concentration of
not more than 0.3 per cent on a dry weight basis or per volume or weight
of such producer hemp product;
(33) "USDA" means the United States Department of Agriculture; Substitute House Bill No. 6699
Public Act No. 23-79 107 of 136
(34) "Entity" means a corporation, joint stock company, association,
limited partnership, limited liability partnership, limited liability
company, irrevocable trust, estate, charitable organization or other
similar organization, including any such organization participating in
the hemp production as a partner in a general partnership, a participant
in a joint venture or a participant in a similar organization; and
(35) "Homogenize" means to blend hemp into a mixture that has a
uniform quality and content throughout such mixture.
(b) The Commissioner of Agriculture shall establish and operate an
agricultural pilot program, as defined in 7 USC 5940, as amended from
time to time, for hemp research to enable the department, and its
licensees, to study methods of producing and marketing hemp. All
producer licensees licensed pursuant to this section shall be participants
in the state agricultural pilot program for hemp research. Until such
time as said commissioner adopts regulations, in accordance with the
provisions of chapter 54, the Department of Agriculture shall utilize
procedures and guidance policies that the commissioner deems to be
consistent with the provisions of 7 USC 5940, as amended from time to
time, provided such procedures and guidance policies shall, at a
minimum, require: (1) The commissioner to certify and register any site
used to grow hemp, (2) any person who produces hemp to produce
plants that meet the definition of hemp and verify such, (3) the
maintenance of records by any person who grows hemp and the
availability of inspection of such records by the commissioner, and (4)
verification of compliance with the definition of hemp by a laboratory,
at the expense of any licensee. The provisions of this section shall take
precedence over any such procedure or guidance policy. Participants in
the state agricultural pilot program for hemp research shall be licensed
in accordance with the provisions of this section. Such pilot program
shall operate until the earlier of the date of a fully approved state plan
under the federal act, as described in this section, or the date of repeal Substitute House Bill No. 6699
Public Act No. 23-79 108 of 136
of the federal law permitting the state's agricultural pilot program for
hemp research.
(c) (1) The commissioner shall prepare a state plan in accordance with
the federal act and 7 CFR 990.3, for approval by the Governor, in
consultation with the office of the Chief State's Attorney and the
Attorney General. The state plan, once approved by the Governor and
the Attorney General, shall be submitted by the commissioner to the
United States Secretary of Agriculture for [his or her] such secretary's
approval. The commissioner shall have the authority to amend the state
plan, in consultation with the Governor, the Attorney General and the
office of the Chief State's Attorney, as necessary to comply with the
federal act.
(2) The commissioner shall operate the state plan, which shall
include, at a minimum, the following requirements:
(A) The sampling of hemp shall comply, at a minimum, with 7 CFR
990.3 and be performed by an authorized sampling agent;
(B) The testing of hemp shall comply, at a minimum, with 7 CFR
990.3;
(C) The control, remediation and disposal of noncompliant cannabis
plants shall comply with 7 CFR 990.27 and 7 CFR 990.3;
(D) The department shall comply with all recordkeeping and
reporting requirements in the federal act, and 7 CFR 990.1 to 7 CFR
990.71, inclusive;
(E) The department shall comply with enforcement procedures in 7
CFR 990.6;
(F) The department shall conduct annual inspections of, at a
minimum, a random sample of producers to verify that hemp is not Substitute House Bill No. 6699
Public Act No. 23-79 109 of 136
produced in violation of the federal act, the state plan and the provisions
of this section, and shall enforce any violation as provided for in the
federal act and as defined in 7 CFR 990.6;
(G) Producers shall report their required license, lot and hemp crop
acreage information to FSA, in accordance with the requirements in 7
CFR 990.7; and
(H) Producers shall report to the commissioner the total acreage of
hemp planted, harvested and, if applicable, disposed of or remediated,
and such other information as the commissioner may require.
(3) All sampling and testing of hemp shall be done using protocols
that are at least as statistically valid as the USDA's published protocols
for sampling and testing of hemp, which protocols shall be posted on
the department's Internet web site. During a scheduled sample
collection, the producer, or an authorized representative of the
producer, shall be present at the lot. A producer shall not harvest the
cannabis crop prior to the taking of samples. Samples of hemp plant
material from one lot shall not be commingled with hemp plant material
from other lots. Lots tested and not certified by a laboratory at or below
the acceptable hemp THC level shall be handled, remediated and
disposed of in accordance with the federal act, the provisions of this
section and the state plan, as applicable.
(4) The commissioner shall collect, maintain and provide to the
USDA, on a timely basis, and not less than once per month, license status
of each hemp producer, contact information for each hemp producer
licensed in the state, including lot legal descriptions and locations, and
any changes to such information. The commissioner shall also report to
the USDA, on a timely basis, and not less than once per month, all
required hemp test results and disposal information for all
nonconforming hemp plants and plant material. Such information shall
not include state and federal fingerprint-based records pursuant to Substitute House Bill No. 6699
Public Act No. 23-79 110 of 136
section 29-17a.
(d) The commissioner shall have the authority to enforce the federal
act, as amended from time to time, the state plan, this section and any
regulations adopted in accordance with the federal act and chapter 54
for hemp production in the state. The commissioner shall have the
authority to enforce the applicable standards for producer hemp
products. The commissioner may consult, collaborate and enter into
cooperative agreements with any federal or state agency, municipality
or political subdivision of the state concerning application of the
provisions of the federal act and the regulations adopted pursuant to the
federal act, as may be necessary to carry out the provisions of this
section.
(e) Any person who produces hemp shall: (1) Be licensed by the
commissioner; (2) comply with the federal act, the state plan, the
provisions of this section and any regulation adopted pursuant to this
section; and (3) transport hemp and hemp samples in a manner and with
such documentation as required by the commissioner.
(f) Any person who sells hemp products shall not be required to be
licensed provided such person only engages in: (1) The retail or
wholesale sale of hemp or hemp products in which no further
producing or manufacturing of the hemp products occurs and the hemp
products are acquired from a person authorized under the laws of this
state or another state, territory or possession of the United States or
another sovereign entity to possess and sell such hemp products; (2) the
acquisition of hemp or hemp products for the sole purpose of product
distribution for resale; or (3) the retail sale of hemp products that are
otherwise authorized under federal or state law.
(g) Any applicant for a license pursuant to this section shall meet each
of the following requirements, as applicable: Substitute House Bill No. 6699
Public Act No. 23-79 111 of 136
(1) Each applicant, whether an individual or an entity, shall submit
an application for a license that consists, at a minimum, of the following:
(A) The name, telephone number, electronic mail address, business
address and address of any individual who is the applicant, the full
name of any entity that is the applicant, including any applicable
principal business location and the full name, title and electronic mail
address of each key participant; (B) the name and address of each lot for
the hemp cultivation or producing location; (C) the geospatial location
of each lot by means of global positioning system coordinates and legal
description of each lot used for the hemp cultivation; (D) the acreage
size of each lot where the hemp will be cultivated; (E) written consent
allowing the commissioner to conduct both scheduled and random
inspections of and around the premises on which the hemp is to be
cultivated, harvested, stored and produced; (F) the applicant's employer
identification number or the applicant's Social Security number if an
employer identification number is not available; and (G) any other
information as may be required by the commissioner;
(2) Each individual who is an applicant and each key participant of
any entity applying for a producer license, or renewal thereof, shall
submit to state and national fingerprint-based criminal history records
checks conducted in accordance with section 29-17a, at [his or her] such
individual's own expense;
(3) No individual, including any key participant of any entity, who
has been convicted of any state or federal felony, related to a controlled
substance, shall be eligible to obtain or hold a producer license for ten
years from the date of the conviction, provided such restriction shall not
apply to any individual who lawfully grew hemp with a license,
registration or authorization under any state pilot program authorized
by section 7606 of the Agricultural Act of 2014 before December 20, 2018.
Any individual or entity that materially falsifies any information in an
application pursuant to this section shall be ineligible to obtain a Substitute House Bill No. 6699
Public Act No. 23-79 112 of 136
producer license; and
(4) Each individual or entity who is required by this section to obtain
a producer license shall pay for all costs of sampling, testing, retesting
and resampling any samples at a laboratory for the purpose of
determining the THC concentration level of any cannabis under their
control, or in their possession. Each individual or entity who is required
by this section to obtain a producer license shall pay for all costs of
disposal of all noncompliant cannabis plants under their control, or in
their possession.
(h) Any producer license issued by the commissioner shall expire on
the third following December thirty-first and may be renewed during
the preceding month of October. Such licenses shall not be transferable.
(i) The following fees shall apply for each producer license and
inspection:
(1) A nonrefundable license application fee of fifty dollars, provided
any constituent unit of higher education, state agency or department
shall be exempt from such application fee if such production is for
research purposes;
(2) A nonrefundable triennial producer license fee of four hundred
fifty dollars for up to one acre of planned hemp plantings and thirty
dollars per each additional acre of planned hemp plantings rounded to
the nearest acre, except no license fee charged shall exceed three
thousand dollars, provided any constituent unit of higher education,
state agency or department shall be exempt from such license fee if such
production is for research purposes; and
(3) In the event that resampling by the commissioner is required due
to a test result that shows a violation of any provision of this section or
any regulation adopted pursuant to this section, the licensee shall pay
an inspection fee of fifty dollars. Such fee shall be paid prior to the Substitute House Bill No. 6699
Public Act No. 23-79 113 of 136
inspection and collection of the sample to be used for resampling.
(j) After receipt and review of an application for producer licensure,
the commissioner may grant a triennial license upon a finding that the
applicant meets the applicable requirements. Each producer licensee
shall notify the commissioner of any changes to their application
information, not later than fifteen days after such change. While the
pilot program is in effect, the commissioner may grant a conditional
approval of a producer license, pending receipt of the criminal history
records check required by this section. The commissioner shall assign
each producer with a license or authorization identifier in a format
consistent with 7 CFR 990.3.
(k) Whenever an inspection or investigation conducted by the
commissioner pursuant to this title reveals any violation of the state
plan, this section or any regulation adopted thereunder, the producer
license applicant or respondent, as applicable, shall be notified, in
writing, of such violation and any corrective action to be taken and the
time period within which such corrective action shall be taken. Any such
producer license applicant or respondent may request a hearing,
conducted in accordance with chapter 54, on any such notification. Any
notification issued pursuant to this section shall be made by certified
mail, return receipt requested to the producer license applicant or
respondent's last known address, by in-hand service by the
commissioner or designated agent of the commissioner, electronic mail
service with the consent of the recipient, or by service in accordance
with chapter 896. The commissioner shall report all producer violations
made with a culpable mental state greater than negligence to the United
States Attorney General and the State's Attorney for the judicial district
in which the producer violation occurred.
(l) Nothing in this section shall be construed to limit the
commissioner's authority to issue a cease and desist order pursuant to
section 22-4d, or an emergency order, in order to respond to a condition Substitute House Bill No. 6699
Public Act No. 23-79 114 of 136
that may present a public health hazard, or issue orders necessary to
effectuate the purposes of this section, including, but not limited to,
orders for the embargo, partial destruction, destruction and release of
hemp or hemp products. Any cease and desist order or an emergency
order shall become effective upon service of such order by the
commissioner. Following service of any such order, subsequent
proceedings shall proceed in accordance with the provisions of section
22-4d and the rules of practice for such agency. Any embargo, partial
destruction, destruction or release order issued pursuant to this section
shall be served by certified mail, return receipt requested to the
respondent's last known address, by in-hand service by the
commissioner or designated agent of the commissioner, or by service in
accordance with chapter 896.
(m) Following a hearing conducted in accordance with chapter 54,
the commissioner may impose an administrative civil penalty, not to
exceed two thousand five hundred dollars per violation, and suspend,
revoke or place conditions upon any producer licensee who violates the
provisions of this section or any regulation adopted pursuant to this
section.
(n) (1) Any individual who produces hemp in this state without
obtaining a license pursuant to this section, or who produces hemp in
this state after having a license suspended or revoked shall have
committed an infraction.
(2) Any entity that produces hemp in this state without obtaining a
license pursuant to this section, produces hemp in violation of this
section or produces hemp in this state after having a license suspended
or revoked may be fined not more than two thousand five hundred
dollars per violation, after a hearing conducted in accordance with
chapter 54.
(o) (1) Any negligent violation, as described in the federal act, of this Substitute House Bill No. 6699
Public Act No. 23-79 115 of 136
section or the state plan shall be subject to enforcement in accordance
with the federal act, and the state plan for negligent violations.
(2) For any negligent violation, a producer shall be required to correct
such negligent violation, by means of a corrective action plan approved
by the commissioner. Each corrective action plan shall include, at a
minimum, a reasonable completion deadline for correction of the
negligent violation, periodic reporting to the commissioner for at least
two years and compliance with the state plan.
(3) Any producer that negligently violates the state plan shall not, as
a result of such negligent violation, be referred by the commissioner for
any criminal enforcement action by the federal, state or local
government.
(4) Any producer that negligently violates the state plan three times
during any five-year period shall be ineligible to produce hemp for a
period of five years beginning on the date of the third violation.
(5) The commissioner shall conduct an inspection to determine if the
corrective action plan for a producer who commits any such negligent
violation was properly implemented.
(p) Any person aggrieved by an order issued pursuant to this section
may appeal to the commissioner in accordance with the provisions of
chapter 54. Such appeal shall be made in writing to the commissioner
and received not later than fifteen days after the date of the order. If no
appeal is made pursuant to this subsection the order shall be final.
(q) (1) All documents submitted under this section shall be subject to
disclosure in accordance with chapter 14, except: (A) Information
depicting or describing (i) the test results of any producer, (ii) the
location of any hemp growing, harvesting, processing or storage
location, or (iii) hemp producer location security schematics; and (B) the
results of any criminal history records check. Substitute House Bill No. 6699
Public Act No. 23-79 116 of 136
(2) Notwithstanding the provisions of subdivision (1) of this
subsection, all documents and records submitted or maintained
pursuant to this section shall be disclosed to any law enforcement
agency upon request of such law enforcement agency.
(r) The commissioner may inspect and shall have access to the
buildings, equipment, supplies, vehicles, records, real property and
other information that the commissioner deems necessary to carry out
the commissioner's duties pursuant to this section from any person
participating in producing, handling, storing, marketing or researching
hemp.
(s) All licensees pursuant to this section shall maintain records
required by the federal act, the state plan, this section and any regulation
adopted pursuant to this section. Each licensee shall make such records
available to the department immediately upon request of the
commissioner and in electronic format, if available.
(t) The commissioner may adopt regulations, in accordance with the
provisions of chapter 54, to implement the provisions of this section
including, but not limited to, the labeling of producer hemp products.
[(u) Notwithstanding any provision of the general statutes: (1)
Marijuana does not include hemp or hemp products; (2) THC that does
not exceed 0.3 per cent by dry weight and that is found in hemp shall
not be considered to be THC that constitutes a controlled substance; (3)
hemp-derived cannabidiols, including CBD, shall not constitute
controlled substances or adulterants solely on the basis of containing
CBD; and (4) hemp products that contain one or more hemp-derived
cannabidiols, such as CBD, intended for ingestion shall be considered
foods, not controlled substances or adulterated products solely on the
basis of the containing hemp-derived cannabidiols.]
[(v)] (u) Whenever the commissioner believes or has reasonable cause Substitute House Bill No. 6699
Public Act No. 23-79 117 of 136
to believe that the actions of a licensee or any employee of a producer
licensee are in violation of the federal act, the state plan, or any state law
concerning the growing, cultivation, handling, transporting or
possession of marijuana, the commissioner shall notify the Department
of Emergency Services and Public Protection and the Division of State
Police.
Sec. 45. Section 22-61m of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) No person shall manufacture in the state without a license to
manufacture issued by the Commissioner of Consumer Protection.
(b) Each applicant for a manufacturer license shall submit an
application on a form and in a manner prescribed by the Commissioner
of Consumer Protection.
(c) The following fees shall apply for a license to manufacture:
(1) A nonrefundable license application fee of seventy-five dollars;
and
(2) A nonrefundable licensing fee of three hundred seventy-five
dollars for a license to manufacture hemp.
(d) A license to manufacture issued by the Commissioner of
Consumer Protection pursuant to this section shall expire triennially on
June thirtieth. Such licenses shall not be transferable.
(e) In accordance with a hearing held pursuant to chapter 54, the
Commissioner of Consumer Protection may deny, suspend or revoke a
manufacturer license, issue fines of not more than two thousand five
hundred dollars per violation and place conditions upon a
manufacturer licensee who violates the provisions of this section and
any regulation adopted pursuant to this section. Substitute House Bill No. 6699
Public Act No. 23-79 118 of 136
(f) (1) Any individual who manufactures in this state without
obtaining a license pursuant to this section or who manufactures in this
state after such entity's license is suspended or revoked shall be fined
two hundred fifty dollars in accordance with the provisions of section
51-164n.
(2) Any entity who manufactures in this state without obtaining a
license pursuant to this section, or who manufactures in this state after
having a license suspended, shall be fined not more than two thousand
five hundred dollars per violation after a hearing conducted in
accordance with the provisions of chapter 54.
(g) Nothing in this chapter or any regulations adopted pursuant to
this chapter shall be construed to apply to persons licensed pursuant to
section 21a-408i nor to require persons licensed pursuant to said section
to obtain a license pursuant to this chapter.
(h) The Commissioner of Consumer Protection may inspect and shall
have access to the buildings, equipment, supplies, vehicles, records, real
property and other information of any manufacturer applicant or
licensee that the commissioner deems necessary to carry out the
commissioner's duties pursuant to this section.
(i) (1) Each manufacturer shall follow the protocol in this subsection
for disposing of cannabis in the event that any hemp or hemp product
is deemed to exceed the prescribed THC concentration, as determined
by the Commissioner of Consumer Protection, or a manufacturer
licensee in possession of hemp or hemp products who desires to dispose
of obsolete, misbranded, excess or otherwise undesired product. Each
manufacturer licensee shall be responsible for all costs of disposal of
hemp samples and any hemp produced by such licensee that violates
the provisions of this section or any regulation adopted pursuant to this
section. Any cannabis that exceeds the prescribed THC concentration
allowable in hemp or hemp products shall be immediately embargoed Substitute House Bill No. 6699
Public Act No. 23-79 119 of 136
by such manufacturer and clearly labeled as adulterated by such
licensee and such licensee shall immediately notify both the Department
of Consumer Protection and the Department of Agriculture, in writing,
of such adulterated product. Such adulterated product shall be
destroyed and disposed of by the following method, as determined by
the Commissioner of Consumer Protection:
(A) Surrender, without compensation, of such hemp or hemp product
to the Commissioner of Consumer Protection who shall be responsible
for the destruction and disposal of such adulterated product; or
(B) By disposal in a manner prescribed by the Commissioner of
Consumer Protection.
(2) Notwithstanding the provisions of subdivision (1) of this
subsection, upon written request of a manufacturer, the Commissioner
of Consumer Protection may permit such manufacturer to combine
different batches of raw hemp plant material to achieve a THC
concentration of 0.3 per cent on a dry weight basis, in lieu of embargo
or destruction.
(j) The manufacturer or manufacturer's authorized designee
disposing of the hemp or hemp products shall maintain and make
available to the Commissioner of Consumer Protection a record of each
such disposal or destruction of product indicating:
(1) The date, time and location of disposal or destruction;
(2) The manner of disposal or destruction;
(3) The batch or lot information and quantity of hemp or hemp
product disposed of or destroyed; and
(4) The signatures of the persons disposing of the hemp or hemp
products, the authorized representative of the Commissioner of Substitute House Bill No. 6699
Public Act No. 23-79 120 of 136
Consumer Protection and any other persons present during the
disposal.
(k) Any hemp intended to be manufactured by a manufacturer into a
manufacturer hemp product shall be tested by an independent testing
laboratory located in this state. A manufacturer licensee shall make
available samples, in an amount and type determined by the
Commissioner of Consumer Protection, of hemp for an independent
testing laboratory employee to select random samples. The independent
testing laboratory shall test each sample [for microbiological
contaminants, mycotoxins, heavy metals and pesticide chemical
residue, and for purposes of conducting an active ingredient analysis, if
applicable, as determined by the Commissioner of Consumer
Protection] in accordance with the laboratory testing standards
established in policies, procedures and regulations adopted by the
commissioner pursuant to section 21a-421j, as amended by this act.
(l) Once a batch of hemp, intended to be sold as a manufacturer hemp
product, has been homogenized for sample testing and eventual
packaging and sale, until the independent testing laboratory provides
the results from its tests and analysis, the manufacturer [licensee] shall
segregate and withhold from use the entire batch of hemp that is
intended for use as a manufacturer hemp product, except the samples
that have been removed by the independent testing laboratory for
testing. During this period of segregation, the manufacturer licensee
shall maintain the hemp batch in a secure, cool and dry location, as
prescribed by the Commissioner of Consumer Protection, so as to
prevent the hemp from becoming adulterated. Such manufacturer shall
not manufacture or sell a manufacturer hemp product prior to the time
that the independent testing laboratory completes testing and analysis
and provides such results, in writing, to the manufacturer licensee who
initiated such testing.
(m) An independent testing laboratory shall immediately return or Substitute House Bill No. 6699
Public Act No. 23-79 121 of 136
dispose of any hemp or manufacturer hemp product upon the
completion of any testing, use or research. If an independent testing
laboratory disposes of hemp or manufacturer hemp products, the
laboratory shall dispose of such hemp in the following manner, as
determined by the Commissioner of Consumer Protection:
(1) By surrender, without compensation, of such hemp or
manufacturer hemp product to the Commissioner of Consumer
Protection who shall be responsible for the destruction and disposal of
such hemp or hemp product; or
(2) By disposal in a manner prescribed by the Commissioner of
Consumer Protection.
(n) If a sample does not pass the microbiological, mycotoxin, heavy
metal or pesticide chemical residue test, based on the laboratory testing
standards [prescribed by the Commissioner of Consumer Protection
and published on the Internet web site of the Department of Consumer
Protection] established in policies, procedures and regulations adopted
by the Commissioner of Consumer Protection pursuant to section 21a-
421j, as amended by this act, the manufacturer licensee who sent such
batch for testing shall:
(1) Retest and reanalyze the hemp from which the sample was taken
by having an employee from the same laboratory randomly select
another sample from the same hemp batch. If the sample used to retest
or reanalyze such hemp yields satisfactory results for all testing
required under this section, an employee from a different laboratory
shall randomly select a different sample from the same hemp batch for
testing. If both samples yield satisfactory results for all testing required
under this section, the hemp batch from which the samples were taken
shall be released for manufacturing, processing and sale;
(2) If a remediation plan sufficient to ensure public health and safety Substitute House Bill No. 6699
Public Act No. 23-79 122 of 136
is submitted to and approved by the commissioner, remediate the hemp
batch from which the sample was taken and have a laboratory employee
randomly select a sample from such remediated hemp batch for testing.
If such randomly selected sample yields satisfactory results for any
testing required under this section, an employee from a different
laboratory shall randomly select a different sample from the same hemp
batch for testing. If both samples yield satisfactory results for all testing
required under this section, the hemp batch from which the samples
were taken may be released for manufacturing, processing or sale; or
(3) If the manufacturer does not retest or remediate, or if any
subsequent laboratory testing does not yield satisfactory results for any
testing required under this section, dispose of the entire batch from
which the sample was taken in accordance with procedures established
by the Commissioner of Consumer Protection pursuant to subdivision
(1) of subsection (i) of this section.
(o) If a sample passes the microbiological, mycotoxin, heavy metal
and pesticide chemical residue test, the independent testing laboratory
shall release the entire batch for manufacturing, processing or sale.
(p) The independent testing laboratory shall file with the Department
of Consumer Protection an electronic copy of each laboratory test result
for any batch that does not pass the microbiological, mycotoxin, heavy
metal or pesticide chemical residue test, at the same time that it
transmits such results to the manufacturer licensee who requested such
testing. Each independent testing laboratory shall maintain the test
results of each tested batch for a period of three years and shall make
such results available to the Department of Consumer Protection upon
request.
(q) [Manufacturer licensees] Manufacturers shall maintain records
required by the federal act, this section, [and] any regulation adopted
pursuant to this section and the policies, procedures and regulations Substitute House Bill No. 6699
Public Act No. 23-79 123 of 136
adopted by the Commissioner of Consumer Protection pursuant to
section 21a-421j, as amended by this act. Each manufacturer [licensee]
shall make such records available to the Department of Consumer
Protection immediately upon request and in electronic format, if
available.
(r) The Commissioner of Consumer Protection may adopt
regulations, in accordance with the provisions of chapter 54, to
implement the provisions of this section including, but not limited to,
establishing sampling and testing procedures to ensure compliance
with this section, prescribing storage and disposal procedures for hemp,
marijuana and manufacturer hemp products that fail to pass
Department of Consumer Protection prescribed independent testing
laboratory testing standards and establishing advertising and labeling
requirements for manufacturer hemp products.
(s) Any claim of health impacts, medical effects or physical or mental
benefits shall be prohibited on any advertising for, labeling of or
marketing of manufacturer hemp products regardless of whether such
manufacturer hemp products were manufactured in this state or
another jurisdiction. Any violation of this subsection shall be deemed an
unfair or deceptive trade practice under [chapter 735a] subsection (a) of
section 42-110b.
(t) Not later than February 1, 2020, the Commissioners of Agriculture
and Consumer Protection shall submit a report, in accordance with
section 11-4a, to the joint standing committee of the general assembly
having cognizance of matters relating to the environment on the status
of the pilot program, the development of the state plan and any
regulations for such pilot program or state plan. [Additionally such]
Such report shall also include any legislative recommendations,
including, but not limited to, any recommendations for requiring the
registration of any manufacturer hemp product offered for sale in this
state. Substitute House Bill No. 6699
Public Act No. 23-79 124 of 136
(u) (1) Any person who sells manufacturer hemp products shall not
be required to be licensed, provided such person only engages in: [(1)]
(A) The retail or wholesale sale of manufacturer hemp products in
which no further manufacturing of hemp occurs, provided such
manufacturer hemp products are acquired from a person authorized to
manufacture the manufacturer hemp products under the laws of this
state or another state, territory or possession of the United States or
another sovereign entity; [(2)] (B) the acquisition of manufacturer hemp
products for the sole purpose of product distribution for resale; [or (3)]
and (C) the retail sale of manufacturer hemp products that is [otherwise]
authorized under federal or state law.
(2) The Commissioner of Consumer Protection or Commissioner of
Revenue Services may, pursuant to section 4-182, summarily suspend
any credential the Department of Consumer Protection or Department
of Revenue Services issued to any person who sells manufacturer hemp
products in violation of subdivision (1) of this subsection or subsections
(v) to (y), inclusive, of this section.
(v) No manufacturer hemp product offered for sale in this state, or to
a consumer in this state, shall contain any synthetic cannabinoid, as
defined in section 21a-240, as amended by this act.
(w) No manufacturer hemp product offered for sale in this state, or
to a consumer in this state, shall be packaged, presented or advertised
in a manner that is likely to mislead a consumer by incorporating any
statement, brand, design, representation, picture, illustration or other
depiction that: (1) Bears a reasonable resemblance to trademarked or
characteristic packaging of (A) cannabis offered for sale (i) in this state
by a cannabis establishment licensed in this state, or (ii) on tribal land
by a tribal-credentialed cannabis entity, or (B) a commercially available
product other than a cannabis product, as defined in section 21a-420, as
amended by this act; or (2) implies that the manufacturer hemp product
(A) is a cannabis product, as defined in section 21a-420, as amended by Substitute House Bill No. 6699
Public Act No. 23-79 125 of 136
this act, (B) contains a total THC concentration greater than three-tenths
per cent on a dry-weight basis, or (C) is a high-THC hemp product, as
defined in section 21a-240, as amended by this act.
(x) No manufacturer hemp product that is a food, beverage, oil or
other product intended for human ingestion shall be distributed or sold
in this state unless such product is contained within a package, or a label
is affixed to such package, that includes:
(1) A scannable barcode, Internet web site address or quick response
code that is linked to the certificate of analysis of the final form product
batch by an independent testing laboratory and discloses:
(A) The name of such product;
(B) The name, address and telephone number of such product's
manufacturer, packer and distributor, as applicable;
(C) The batch number, which shall match the batch number on such
package or label; and
(D) The concentration of cannabinoids present in such product,
including, but not limited to, total THC and any cannabinoids or active
ingredients comprising at least one per cent of such product;
(2) The expiration or best by date for such product, if applicable;
(3) A clear and conspicuous statement disclosing that:
(A) Children, or those who are pregnant or breastfeeding, should
avoid using such product prior to consulting with a health care
professional concerning such product's safety;
(B) Products containing cannabinoids should be kept out of reach of
children; and Substitute House Bill No. 6699
Public Act No. 23-79 126 of 136
(C) The federal Food and Drug Administration has not evaluated
such product for safety or efficacy; and
(4) If such product is intended to be inhaled, a clear and conspicuous
warning statement disclosing that smoking or vaporizing is hazardous
to human health.
(y) No manufacturer hemp product that is a topical, soap or cosmetic,
as defined in section 21a-92, shall be distributed or sold in this state
unless such product is contained within a package, or a label is affixed
to such package, that includes:
(1) A scannable barcode, Internet web site address or quick response
code that is linked to the certificate of analysis of the final form extract
or final form product batch by an independent testing laboratory and
discloses:
(A) The name of such product;
(B) The name, address and telephone number of such product's
manufacturer, packer and distributor, as applicable;
(C) The batch number, which shall match the batch number on such
package or label; and
(D) The concentration of cannabinoids present in such batch,
including, but not limited to, total THC and any marketed cannabinoids;
(2) The expiration or best by date for such product, if applicable; and
(3) A clear and conspicuous statement disclosing the following:
"THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY
OR EFFICACY.".
(z) Any violation of subsections (u) to (y), inclusive, of this section Substitute House Bill No. 6699
Public Act No. 23-79 127 of 136
shall be deemed an unfair or deceptive trade practice under subsection
(a) of section 42-110b.
(aa) Not later than October 31, 2023, the Department of Emergency
Services and Public Protection shall, in consultation with the
Department of Consumer Protection, publish a training bulletin to
inform local law enforcement agencies and officers regarding the
investigation and enforcement standards concerning cannabis and high-
THC hemp products.
[(v)] (bb) Notwithstanding any provision of the general statutes: (1)
[Marijuana does not include manufacturer hemp products; (2)] CBD
that is found in manufacturer hemp products shall not be considered a
controlled substance, as defined in section 21a-240, as amended by this
act, or legend drug, as defined in section 20-571; and [(3) cannabinoids]
(2) CBD derived from hemp and contained in manufacturer hemp
products shall not be considered [controlled substances or adulterants]
a controlled substance or adulterant.
Sec. 46. Section 7-294m of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
[(1)] (a) The Police Officer Standards and Training Council
established under section 7-294b, in conjunction with the office of the
Chief State's Attorney and the Connecticut Police Chiefs Association,
and [(2)] the Division of State Police within the Department of
Emergency Services and Public Protection, in conjunction with the office
of the Chief State's Attorney, shall provide instruction on the subject of
new legal developments which affect police policies and practices
concerning the investigation, detection and prosecution of criminal
matters, each year to the chief law enforcement officer of each
municipality and any person designated by such officer to serve in such
capacity in such officer's absence. Each such officer may be given credit
for such course of instruction toward the certified review training Substitute House Bill No. 6699
Public Act No. 23-79 128 of 136
required by subsection (a) of section 7-294d. Such training program shall
be named "The John M. Bailey Seminar on New Legal Developments
Impacting Police Policies and Practices".
(b) Not later than October 31, 2023, and annually thereafter if
necessary, the Division of Criminal Justice and the Police Officer
Standards and Training Council established under section 7-294b shall
include in each course of instruction provided pursuant to subsection
(a) of this section a session regarding investigation and enforcement
standards concerning cannabis, as defined in section 22-61l, as amended
by this act, and high-THC hemp products, as defined in section 21a-240,
as amended by this act.
Sec. 47. Section 38a-492 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
No individual health insurance policy providing coverage of the type
specified in subdivisions (1), (2), (4), (6), (10) and (11) of section 38a-469
shall be delivered, issued for delivery or renewed in this state, or
amended to substantially alter or change benefits or coverage, on or
after July 1, 1975, unless persons covered under such policy will be
eligible for benefits for expenses of emergency medical care arising from
accidental ingestion or consumption of a controlled drug, as defined by
[subdivision (8) of] section 21a-240, as amended by this act, which are at
least equal to the following minimum requirements: (1) In the case of
benefits based upon confinement as an inpatient in a hospital, whether
or not operated by the state, the period of confinement for which
benefits shall be payable shall be at least thirty days in any calendar
year. (2) For covered expenses incurred by the insured while other than
an inpatient in a hospital, benefits shall be available for such expenses
during any calendar year up to a maximum of five hundred dollars. For
purposes of this section, the term "covered expenses" means the
reasonable charges for treatment deemed necessary under generally
accepted medical standards. Substitute House Bill No. 6699
Public Act No. 23-79 129 of 136
Sec. 48. Section 38a-518 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
No group health insurance policy providing coverage of the type
specified in subdivisions (1), (2), (4), (6) and (11) of section 38a-469 shall
be delivered, issued for delivery or renewed in this state, or amended to
substantially alter or change benefits or coverage, on or after July 1, 1975,
unless persons covered under such policy will be eligible for benefits for
expenses of emergency medical care arising from accidental ingestion
or consumption of a controlled drug, as defined by [subdivision (8) of]
section 21a-240, as amended by this act, which are at least equal to the
following minimum requirements: (1) In the case of benefits based upon
confinement as an inpatient in a hospital, whether or not operated by
the state, the period of confinement for which benefits shall be payable
shall be at least thirty days in any calendar year. (2) For covered
expenses incurred by the insured while other than an inpatient in a
hospital, benefits shall be available for such expenses during any
calendar year up to a maximum of five hundred dollars. For purposes
of this section, the term "covered expenses" means the reasonable
charges for treatment deemed necessary under generally accepted
medical standards.
Sec. 49. (NEW) (Effective from passage) (a) For the purposes of this
section:
(1) "Caregiver" has the same meaning as provided in section 21a-408
of the general statutes, as amended by this act;
(2) "Marijuana" has the same meaning as provided in section 21a-240
of the general statutes, as amended by this act;
(3) "Palliative use" has the same meaning as provided in section 21a-
408 of the general statutes, as amended by this act; and
(4) "Qualifying patient" has the same meaning as provided in section Substitute House Bill No. 6699
Public Act No. 23-79 130 of 136
21a-408 of the general statutes, as amended by this act.
(b) There is established, within available appropriations, an Office of
the Cannabis Ombudsman, which shall be within the Office of the
Healthcare Advocate for administrative purposes only. The Office of the
Cannabis Ombudsman shall be under the direction of a Cannabis
Ombudsman. The Healthcare Advocate shall appoint an individual
who is familiar with the palliative use of marijuana and the medical
cannabis system to serve as the Cannabis Ombudsman.
(c) The Office of the Cannabis Ombudsman shall:
(1) Represent the interests of qualifying patients and caregivers;
(2) Identify, investigate and resolve complaints made by, or on behalf
of, qualifying patients and caregivers;
(3) Monitor the palliative use of marijuana as authorized under
chapter 420f of the general statutes;
(4) Report action, inaction or decisions that may adversely affect the
health, safety, welfare or rights of qualifying patients;
(5) Analyze, comment on and monitor the development and
implementation of federal, state and local laws, regulations and other
government policies and actions concerning the health, safety, welfare
and rights of qualifying patients and caregivers;
(6) Recommend any changes to the laws, regulations, policies and
actions described in subdivision (5) of this subsection that the office
deems appropriate to, among other things, improve the palliative
marijuana market in this state; and
(7) Facilitate public comment on the laws, regulations, policies and
actions described in subdivision (5) of this subsection. Substitute House Bill No. 6699
Public Act No. 23-79 131 of 136
Sec. 50. Subdivision (6) of subsection (a) of section 53a-18 of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2023):
(6) A teacher or other person entrusted with the care and supervision
of a minor for school purposes may use reasonable physical force upon
such minor when and to the extent such teacher or other person
reasonably believes such force to be necessary to (A) protect [himself or
herself] such teacher, other person or others from immediate physical
injury, (B) obtain possession of a dangerous instrument or controlled
substance, as defined in [subdivision (9) of] section 21a-240, as amended
by this act, upon or within the control of such minor, (C) protect
property from physical damage, or (D) restrain such minor or remove
such minor to another area, to maintain order.
Sec. 51. Subsections (c) to (g), inclusive, of section 54-36a of the
general statutes are repealed and the following is substituted in lieu
thereof (Effective July 1, 2023):
(c) Unless such seized property is stolen property and is ordered
returned pursuant to subsection (b) of this section or unless such seized
property is adjudicated a nuisance in accordance with section 54-33g, or
unless the court finds that such property shall be forfeited or is
contraband, or finds that such property is a controlled drug [, a] or
controlled substance as defined in section 21a-240, as amended by this
act, or drug paraphernalia as defined in subdivision [(8), (9) or] (20) of
section 21a-240, as amended by this act, it shall, at the final disposition
of the criminal action or as soon thereafter as is practical, or, if there is
no criminal action, at any time upon motion of the prosecuting official
of such court, order the return of such property to its owner within six
months upon proper claim therefor.
(d) When the court orders the return of the seized property to the
owner, the order shall provide that if the seized property is not claimed Substitute House Bill No. 6699
Public Act No. 23-79 132 of 136
by the owner within six months, the property shall be destroyed or be
given to a charitable or educational institution or to a governmental
agency or institution, except that (1) if such property is money it shall
be remitted to the state and shall be deposited in the General Fund or
(2) if such property is a valuable prize it shall be disposed of by public
auction or private sale in which case the proceeds shall become the
property of the state and shall be deposited in the General Fund;
provided any person who has a bona fide mortgage, assignment of lease
or rent, lien or security interest in such property shall have the same
right to the proceeds as [he] such person had in the property prior to the
sale.
(e) If such seized property is adjudicated a nuisance or if the court
finds that such property shall be forfeited or is contraband other than a
controlled drug [, a] or controlled substance as defined in section 21a-
240, as amended by this act, or drug paraphernalia as defined in
subdivision [(8), (9) or] (20) of section 21a-240, as amended by this act,
the court shall order that such property be destroyed or be given to a
charitable or educational institution or to a governmental agency or
institution, except that (1) if such property is money, the court shall
order that it be remitted to the state and be deposited in the General
Fund, or (2) if such property is a valuable prize, the court shall order
that it be disposed of by public auction or private sale in which case the
proceeds shall become the property of the state and shall be deposited
in the General Fund; provided any person who has a bona fide
mortgage, assignment of lease or rent, lien or security interest in such
property shall have the same right to the proceeds as [he] such person
had in the property prior to sale.
(f) If the court finds that such seized property is fireworks as defined
in section 29-356, the court shall order the forfeiture and destruction of
such property. Any secondary evidence of the identity, description or
value of such property shall be admissible in evidence against the Substitute House Bill No. 6699
Public Act No. 23-79 133 of 136
defendant in the trial of the case. A photograph of the fireworks and a
sworn affidavit describing such fireworks shall be sufficient evidence of
the identity of the fireworks. The fact that the evidence is secondary in
nature may be shown to affect the weight of such evidence, but not to
affect its admissibility.
(g) If the court finds that such seized property is a controlled drug [,
a] or controlled substance as defined in section 21a-240, as amended by
this act, or drug paraphernalia as defined in subdivision [(8), (9) or] (20)
of section 21a-240, as amended by this act, the court shall order the
forfeiture and destruction of such property or order it delivered to the
Commissioner of Consumer Protection pursuant to section 54-36g, as
amended by this act.
Sec. 52. Subsection (a) of section 54-36g of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(a) At any time after the seizure of a controlled drug or a controlled
substance [,] as defined in [subdivision (8) or (9) of] section 21a-240, as
amended by this act, or drug paraphernalia [,] as defined in subdivision
(20) of section 21a-240, as amended by this act, in connection with a
criminal arrest or pursuant to a search warrant without an arrest, the
prosecuting official of the court for the geographical area in which the
criminal offense is alleged to have been committed may petition the
court for destruction of such controlled drug, controlled substance or
drug paraphernalia. After notice, by certified or registered mail to the
defendant and [his] the defendant's attorney, and hearing on the
petition, the court may order the forfeiture and destruction of such
controlled drug, controlled substance or drug paraphernalia, under
procedures and to the extent determined by the court, or order it
delivered to the Commissioner of Consumer Protection as soon as
possible. Such order shall be in writing and shall provide for the analysis
of representative samples of such controlled drug, controlled substance Substitute House Bill No. 6699
Public Act No. 23-79 134 of 136
or drug paraphernalia. The results of such analysis shall be recorded on
a certificate signed by the person making the analysis, witnessed and
acknowledged pursuant to section 1-29. Such certificate shall be prima
facie evidence of the composition and quality of such controlled drug,
controlled substance or drug paraphernalia.
Sec. 53. Subdivision (1) of subsection (a) of section 54-36h of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2023):
(1) All moneys used, or intended for use, in the procurement,
manufacture, compounding, processing, delivery or distribution of any
controlled substance, as defined in [subdivision (9) of] section 21a-240,
as amended by this act;
Sec. 54. (Effective from passage) (a) There is established a task force to
study the potential health, safety and financial impact of allowing
individuals who are authorized to cultivate cannabis in their residences
to sell, at retail, such cannabis at events organized, at least in part, to
facilitate such sales. The task force shall (1) examine the impact that such
sales would likely have on this state, including, but not limited to, the
impact that such sales would likely have on residents of this state and
the state's existing medical and recreational cannabis markets, and (2) if
the task force recommends that the state authorize such sales,
recommend any legislation necessary to authorize and regulate such
sales.
(b) The task force shall consist of the following members:
(1) Two appointed by the speaker of the House of Representatives;
(2) Two appointed by the president pro tempore of the Senate;
(3) One appointed by the majority leader of the House of
Representatives; Substitute House Bill No. 6699
Public Act No. 23-79 135 of 136
(4) One appointed by the majority leader of the Senate;
(5) One appointed by the minority leader of the House of
Representatives;
(6) One appointed by the minority leader of the Senate;
(7) The Commissioner of Consumer Protection, or the commissioner's
designee;
(8) The Commissioner of Public Health, or the commissioner's
designee;
(9) The Commissioner of Mental Health and Addiction Services, or
the commissioner's designee; and
(10) Two appointed by the Governor.
(c) Any member of the task force appointed under subdivision (1),
(2), (3), (4), (5) or (6) of subsection (b) of this section may be a member
of the General Assembly.
(d) All initial appointments to the task force shall be made not later
than thirty days after the effective date of this section. Any vacancy shall
be filled by the appointing authority.
(e) The speaker of the House of Representatives and the president pro
tempore of the Senate shall select the chairpersons of the task force from
among the members of the task force. Such chairpersons shall schedule
the first meeting of the task force, which shall be held not later than sixty
days after the effective date of this section.
(f) The administrative staff of the joint standing committee of the
General Assembly having cognizance of matters relating to consumer
protection shall serve as administrative staff of the task force. Substitute House Bill No. 6699
Public Act No. 23-79 136 of 136
(g) Not later than January 1, 2024, the task force shall submit a report
on its findings and recommendations to the joint standing committee of
the General Assembly having cognizance of matters relating to
consumer protection, in accordance with the provisions of section 11-4a
of the general statutes. The task force shall terminate on the date that it
submits such report or January 1, 2024, whichever is later.