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General Assembly Raised Bill No. 5150
February Session, 2024
LCO No. 886
Referred to Committee on GENERAL LAW
Introduced by:
(GL)
AN ACT CONCERNING CANNABIS AND HEMP REGULATION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subdivision (63) of section 21a-240 of the 2024 supplement 1
to the general statutes is repealed and the following is substituted in lieu 2
thereof (Effective July 1, 2024): 3
(63) "High-THC hemp product" means a manufacturer hemp 4
product, as defined in section 22-61l, that has, or is advertised, labeled 5
or offered for sale as having, total THC that exceeds (A) [for a hemp 6
edible, hemp topical or hemp transdermal patch (i) one milligram on a 7
per-serving basis, or (ii) five milligrams on a per-container basis,] one-8
half milligram on a per-container basis for any manufacturer hemp 9
product, or (B) [for a hemp tincture, including, but not limited to, oil 10
intended for ingestion by swallowing, buccal administration or 11
sublingual absorption (i) one milligram on a per-serving basis, or (ii) 12
twenty-five milligrams on a per-container basis, (C) for a hemp 13
concentrate or extract, including, but not limited to, a vape oil, wax or 14
shatter, twenty-five milligrams on a per-container basis, or (D) for a 15
manufacturer hemp product not described in subparagraph (A), (B) or 16 Raised Bill No. 5150
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(C) of this subdivision, (i) one milligram on a per-serving basis, (ii) five 17
milligrams on a per-container basis, or (iii)] three-tenths per cent on a 18
dry-weight basis for cannabis flower or cannabis trim. 19
Sec. 2. Section 21a-420 of the 2024 supplement to the general statutes 20
is repealed and the following is substituted in lieu thereof (Effective July 21
1, 2024): 22
As used in RERACA, unless the context otherwise requires: 23
(1) "Responsible and Equitable Regulation of Adult-Use Cannabis 24
Act" or "RERACA" means this section, sections 2-56j, 7-294kk, 7-294ll, 25
12-330ll to 12-330nn, inclusive, 14-227p, 21a-278b, 21a-278c, 21a-279c, 26
21a-279d, 21a-420a to 21a-420j, inclusive, 21a-420l to 21a-421r, inclusive, 27
as amended by this act, 21a-421aa to 21a-421ff, inclusive, 21a-421aaa to 28
21a-421hhh, inclusive, 21a-422 to 21a-422c, inclusive, 21a-422e to 21a-29
422g, inclusive, 21a-422j to 21a-422s, inclusive, 22-61n, as amended by 30
this act, 23-4b, 47a-9a, 53-247a, 53a-213a, 53a-213b, 54-33p, 54-56q, 54-31
56r, 54-125k and 54-142u, sections 23, 60, 63 to 65, inclusive, 124, 144 and 32
165 of public act 21-1 of the June special session, and the amendments 33
in public act 21-1 of the June special session to sections 7-148, 10-221, 12-34
30a, 12-35b, 12-412, 12-650, 12-704d, 14-44k, 14-111e, 14-227a to 14-227c, 35
inclusive, 14-227j, 15-140q, 15-140r, 18-100h, 19a-342, 19a-342a, 21a-267, 36
21a-277, 21a-279, 21a-279a, 21a-408 to 21a-408f, inclusive, 21a-408h to 37
21a-408p, inclusive, 21a-408r to 21a-408v, inclusive, 30-89a, 31-40q, 32-38
39, 46b-120, 51-164n, 53-394, 53a-39c, 54-1m, 54-33g, 54-41b, 54-56e, 54-39
56g, 54-56i, 54-56k, 54-56n, 54-63d, 54-66a and 54-142e, [and] section 20 40
of public act 23-79 and sections 3 and 4 of this act; 41
(2) "Backer" means any individual with a direct or indirect financial 42
interest in a cannabis establishment. "Backer" does not include an 43
individual with an investment interest in a cannabis establishment if (A) 44
the interest held by such individual and such individual's spouse, 45
parent or child, in the aggregate, does not exceed five per cent of the 46
total ownership or interest rights in such cannabis establishment, and 47
(B) such individual does not participate directly or indirectly in the 48 Raised Bill No. 5150
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control, management or operation of the cannabis establishment; 49
(3) "Cannabis" means marijuana, as defined in section 21a-240, as 50
amended by this act; 51
(4) "Cannabis establishment" means a producer, dispensary facility, 52
cultivator, micro-cultivator, retailer, hybrid retailer, food and beverage 53
manufacturer, product manufacturer, product packager, delivery 54
service or transporter; 55
(5) "Cannabis flower" means the flower, including abnormal and 56
immature flowers, of a plant of the genus cannabis that has been 57
harvested, dried, cured, chopped or ground, and prior to any processing 58
whereby the flower material is transformed into a cannabis product. 59
"Cannabis flower" does not include (A) the leaves or stem of such plant, 60
or (B) hemp, as defined in section 22-61l; 61
(6) "Cannabis testing laboratory" means a laboratory that (A) is 62
located in this state, (B) is licensed by the department to analyze 63
cannabis, and (C) meets the licensure requirements established in 64
section 21a-408r and the regulations adopted pursuant to subsection (d) 65
of section 21a-408r; 66
(7) "Cannabis testing laboratory employee" means an individual who 67
is (A) employed at a cannabis testing laboratory, and (B) registered 68
pursuant to section 21a-408r and the regulations adopted pursuant to 69
subsection (d) of section 21a-408r; 70
(8) "Cannabis trim" means all parts, including abnormal or immature 71
parts, of a plant of the genus cannabis, other than cannabis flower, that 72
have been harvested, dried and cured, and prior to any processing, 73
excluding chopping or grinding, whereby the plant material is 74
transformed into a cannabis product. "Cannabis trim" does not include 75
hemp, as defined in section 22-61l; 76
(9) "Cannabis product" means cannabis, intended for use or 77
consumption, that is in the form of (A) a cannabis concentrate, or (B) a 78 Raised Bill No. 5150
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product that contains cannabis and at least one other cannabis or 79
noncannabis ingredient or component, excluding cannabis flower; 80
(10) "Cannabis concentrate" means any form of concentration, 81
including, but not limited to, extracts, oils, tinctures, shatter and waxes, 82
that is extracted from cannabis; 83
(11) "Cannabis-type substances" have the same mean ing as 84
"marijuana", as defined in section 21a-240, as amended by this act; 85
(12) "Commissioner" means the Commissioner of Consumer 86
Protection and includes any designee of the commissioner; 87
(13) "Consumer" means an individual who is twenty-one years of age 88
or older; 89
(14) "Control" means the power to direct, or cause the direction of, the 90
management and policies of a cannabis establishment, regardless of 91
whether such power is possessed directly or indirectly; 92
(15) "Cultivation" has the same meaning as provided in section 21a-93
408; 94
(16) "Cultivation lot" means one or more lots, as defined in section 22-95
61l, associated with a hemp producer's license issued pursuant to 96
section 22-61l; 97
[(16)] (17) "Cultivator" means a person that is licensed to engage in 98
the cultivation, growing and propagation of the cannabis plant at an 99
establishment with not less than fifteen thousand square feet of grow 100
space; 101
[(17)] (18) "Delivery service" means a person that is licensed to deliver 102
cannabis from (A) micro-cultivators, retailers and hybrid retailers to 103
consumers and research program subjects, and (B) hybrid retailers and 104
dispensary facilities to qualifying patients, caregivers and research 105
program subjects, as defined in section 21a-408, or to hospices or other 106
inpatient care facilities licensed by the Department of Public Health 107 Raised Bill No. 5150
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pursuant to chapter 368v that have a protocol for the handling and 108
distribution of cannabis that has been approved by the department, or a 109
combination thereof; 110
[(18)] (19) "Department" means the Department of Consumer 111
Protection; 112
[(19)] (20) "Dispensary facility" means a place of business where 113
cannabis may be dispensed, sold or distributed in accordance with 114
chapter 420f and any regulations adopted pursuant to said chapter, to 115
qualifying patients and caregivers, and to which the department has 116
issued a dispensary facility license pursuant to chapter 420f and any 117
regulations adopted pursuant to said chapter; 118
[(20)] (21) "Disproportionately impacted area" means (A) for the 119
period beginning July 1, 2021, and ending July 31, 2023, a United States 120
census tract in the state that has, as determined by the Social Equity 121
Council under subdivision (1) of subsection (i) of section 21a-420d, as 122
amended by this act, (i) a historical conviction rate for drug-related 123
offenses greater than one-tenth, or (ii) an unemployment rate greater 124
than ten per cent, [and] (B) [on and after] for the period beginning 125
August 1, 2023, and ending June 30, 2024, a United States census tract in 126
this state that has been identified by the Social Equity Council pursuant 127
to subdivision (2) of subsection (i) of section 21a-420d, as amended by 128
this act, and (C) on and after July 1, 2024, (i) a United States census tract 129
in this state that has been identified by the Social Equity Council 130
pursuant to subdivision (2) of subsection (i) of section 21a-420d, as 131
amended by this act, and (ii) a reservation, as defined in section 47-63, 132
as set forth in subdivision (3) of subsection (i) of section 21a-420d, as 133
amended by this act; 134
[(21)] (22) "Disqualifying conviction" means a conviction within the 135
last ten years which has not been the subject of an absolute pardon 136
under the provisions of section 54-130a, or an equivalent pardon process 137
under the laws of another state or the federal government, for an offense 138
under (A) section 53a-276, 53a-277 or 53a-278, [;] (B) section 53a-291, 53a-139 Raised Bill No. 5150
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292 or 53a-293, [;] (C) section 53a-215, [;] (D) section 53a-138 or 53a-139, 140
[;] (E) section 53a-142a, [;] (F) sections 53a-147 to 53a-162, inclusive, [;] 141
(G) sections 53a-125c to 53a-125f, inclusive, [;] (H) section 53a-129b, 53a-142
129c or 53a-129d, [;] (I) subsection (b) of section 12-737, [;] (J) section 53a-143
48 or 53a-49, if the offense which is attempted or is an object of the 144
conspiracy is an offense under the statutes listed in subparagraphs (A) 145
to (I), inclusive, of this subdivision, [;] or (K) the law of any other state 146
or of the federal government, if the offense on which such conviction is 147
based is defined by elements that substantially include the elements of 148
an offense under the statutes listed in subparagraphs (A) to (J), inclusive, 149
of this subdivision; 150
[(22)] (23) "Dispensary technician" means an individual who has had 151
an active pharmacy technician or dispensary technician registration in 152
this state within the past five years, is affiliated with a dispensary facility 153
or hybrid retailer and is registered with the department in accordance 154
with chapter 420f and any regulations adopted pursuant to said chapter; 155
[(23)] (24) "Edible cannabis product" means a cannabis product 156
intended for humans to eat or drink; 157
[(24)] (25) "Employee" means any person who is not a backer, but is a 158
member of the board of a company with an ownership interest in a 159
cannabis establishment, and any person employed by a cannabis 160
establishment or who otherwise has access to such establishment or the 161
vehicles used to transport cannabis, including, but not limited to, an 162
independent contractor who has routine access to the premises of such 163
establishment or to the cannabis handled by such establishment; 164
[(25)] (26) "Equity" and "equitable" means efforts, regulations, 165
policies, programs, standards, processes and any other functions of 166
government or principles of law and governance intended to [:] (A) 167
[Identify] identify and remedy past and present patterns of 168
discrimination and disparities of race, ethnicity, gender and sexual 169
orientation, [;] (B) ensure that such patterns of discrimination and 170
disparities, whether intentional or unintentional, are neither reinforced 171 Raised Bill No. 5150
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nor perpetuated, [;] and (C) prevent the emergence and persistence of 172
foreseeable future patterns of discrimination or disparities of race, 173
ethnicity, gender and sexual orientation; 174
[(26)] (27) "Equity joint venture" means a business entity that is 175
controlled, and at least fifty per cent owned, by an individual or 176
individuals, or such applicant is an individual, who meets the criteria of 177
subparagraphs (A) and (B) of subdivision [(50)] (52) of this section; 178
[(27)] (28) "Extract" means the preparation, compounding, conversion 179
or processing of cannabis, either directly or indirectly by extraction or 180
independently by means of chemical synthesis, or by a combination of 181
extraction and chemical synthesis to produce a cannabis concentrate; 182
[(28)] (29) "Financial interest" means any right to, ownership, an 183
investment or a compensation arrangement with another person, 184
directly, through business, investment or family. "Financial interest" 185
does not include ownership of investment securities in a publicly-held 186
corporation that is traded on a national exchange or over-the-counter 187
market, provided the investment securities held by such person and 188
such person's spouse, parent or child, in the aggregate, do not exceed 189
one-half of one per cent of the total number of shares issued by the 190
corporation; 191
[(29)] (30) "Food and beverage manufacturer" means a person that is 192
licensed to own and operate a place of business that acquires cannabis 193
and creates food and beverages; 194
[(30)] (31) "Grow space" means the portion of a premises owned and 195
controlled by a producer, cultivator or micro-cultivator that is utilized 196
for the cultivation, growing or propagation of the cannabis plant, and 197
contains cannabis plants in an active stage of growth, measured starting 198
from the outermost wall of the room containing cannabis plants and 199
continuing around the outside of the room. "Grow space" does not 200
include space used to cure, process, store harvested cannabis or 201
manufacture cannabis once the cannabis has been harvested; 202 Raised Bill No. 5150
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(32) "Hemp producer" means producer, as defined in section 22-61l; 203
[(31)] (33) "Historical conviction count for drug-related offenses" 204
means, for a given area, the number of convictions of residents of such 205
area (A) for violations of sections 21a-267, 21a-277, 21a-278, 21a-279 and 206
21a-279a, and (B) who were arrested for such violations between 207
January 1, 1982, and December 31, 2020, inclusive, where such arrest 208
was recorded in databases maintained by the Department of Emergency 209
Services and Public Protection; 210
[(32)] (34) "Historical conviction rate for drug-related offenses" 211
means, for a given area, the historical conviction count for drug-related 212
offenses divided by the population of such area, as determined by the 213
five-year estimates of the most recent American Community Survey 214
conducted by the United States Census Bureau; 215
[(33)] (35) "Hybrid retailer" means a person that is licensed to 216
purchase cannabis and sell cannabis and medical marijuana products; 217
[(34)] (36) "Key employee" means an employee with the following 218
management position or an equivalent title within a cannabis 219
establishment: (A) President or chief officer, who is the top ranking 220
individual at the cannabis establishment and is responsible for all staff 221
and overall direction of business operations; (B) financial manager, who 222
is the individual who reports to the president or chief officer and who is 223
responsible for oversight of the financial operations of the cannabis 224
establishment, which financial operations include one or more of the 225
following: (i) Revenue and expense management; (ii) distributions; (iii) 226
tax compliance; (iv) budget development; and (v) budget management 227
and implementation; or (C) compliance manager, who is the individual 228
who reports to the president or chief officer and who is generally 229
responsible for ensuring the cannabis establishment complies with all 230
laws, regulations and requirements related to the operation of the 231
cannabis establishment; 232
[(35)] (37) "Labor peace agreement" means an agreement between a 233
cannabis establishment and a bona fide labor organization under section 234 Raised Bill No. 5150
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21a-421d pursuant to which the owners and management of the 235
cannabis establishment agree not to lock out employees and that 236
prohibits the bona fide labor organization from engaging in picketing, 237
work stoppages or boycotts against the cannabis establishment; 238
[(36)] (38) "Manufacture" means to add or incorporate cannabis into 239
other products or ingredients or create a cannabis product; 240
[(37)] (39) "Medical marijuana product" means cannabis that may be 241
exclusively sold to qualifying patients and caregivers by dispensary 242
facilities and hybrid retailers and which are designated by the 243
commissioner as reserved for sale to qualifying patients and caregivers 244
and published on the department's Internet web site; 245
[(38)] (40) "Micro-cultivator" means a person licensed to engage in the 246
cultivation, growing and propagation of the cannabis plant at an 247
establishment containing not less than two thousand square feet and not 248
more than ten thousand square feet of grow space, prior to any 249
expansion authorized by the commissioner; 250
[(39)] (41) "Municipality" means any town, city or borough, 251
consolidated town and city or consolidated town and borough; 252
[(40)] (42) "Paraphernalia" means drug paraphernalia, as defined in 253
section 21a-240, as amended by this act; 254
[(41)] (43) "Person" means an individual, partnership, limited liability 255
company, society, association, joint stock company, corporation, estate, 256
receiver, trustee, assignee, referee or any other legal entity and any other 257
person acting in a fiduciary or representative capacity, whether 258
appointed by a court or otherwise, and any combination thereof; 259
[(42)] (44) "Producer" means a person that is licensed as a producer 260
pursuant to section 21a-408i and any regulations adopted pursuant to 261
said section; 262
[(43)] (45) "Product manufacturer" means a person that is licensed to 263
obtain cannabis, extract and manufacture products; 264 Raised Bill No. 5150
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[(44)] (46) "Product packager" means a person that is licensed to 265
package and label cannabis; 266
[(45)] (47) "Qualifying patient" has the same meaning as provided in 267
section 21a-408; 268
[(46)] (48) "Research program" has the same meaning as provided in 269
section 21a-408; 270
[(47)] (49) "Retailer" means a person, excluding a dispensary facility 271
and hybrid retailer, that is licensed to purchase cannabis from 272
producers, cultivators, micro-cultivators, product manufacturers and 273
food and beverage manufacturers and to sell cannabis to consumers and 274
research programs; 275
[(48)] (50) "Sale" or "sell" has the same meaning as provided in section 276
21a-240, as amended by this act; 277
[(49)] (51) "Social Equity Council" or "council" means the council 278
established under section 21a-420d, as amended by this act; 279
[(50)] (52) "Social equity applicant" means a person that has applied 280
for a license for a cannabis establishment, where such applicant is 281
controlled, and at least sixty-five per cent owned, by an individual or 282
individuals, or such applicant is an individual, who: 283
(A) Had an average household income of less than three hundred per 284
cent of the state median household income over the three tax years 285
immediately preceding such individual's application; and 286
(B) (i) Was a resident of a disproportionately impacted area for not 287
less than five of the ten years immediately preceding the date of such 288
application; or 289
(ii) Was a resident of a disproportionately impacted area for not less 290
than nine years prior to attaining the age of eighteen; 291
(53) "Telehealth" has the same meaning as provided in section 19a-292 Raised Bill No. 5150
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906; 293
[(51)] (54) "THC" has the same meaning as provided in section 21a-294
240, as amended by this act; 295
[(52)] (55) "Third-party lottery operator" means a person, or a 296
constituent unit of the state system of higher education, that conducts 297
lotteries pursuant to section 21a-420g, as amended by this act, identifies 298
the cannabis establishment license applications for consideration 299
without performing any review of the applications that are identified 300
for consideration, and that has no direct or indirect oversight of or 301
investment in a cannabis establishment or a cannabis establishment 302
applicant; 303
[(53)] (56) "Transfer" means to transfer, change, give or otherwise 304
dispose of control over or interest in; 305
[(54)] (57) "Transport" means to physically move from one place to 306
another; 307
[(55)] (58) "Transporter" means a person licensed to transport 308
cannabis between cannabis establishments, cannabis testing 309
laboratories and research programs; and 310
[(56)] (59) "Unemployment rate" means, in a given area, the number 311
of people sixteen years of age or older who are in the civilian labor force 312
and unemployed divided by the number of people sixteen years of age 313
or older who are in the civilian labor force. 314
Sec. 3. (NEW) (Effective July 1, 2024) (a) During the period beginning 315
July 1, 2024, and ending December 31, 2025, the department shall issue 316
a cultivator license to a social equity applicant: 317
(1) If prior to July 1, 2024, the social equity applicant submitted to the 318
department a completed cultivator license application pursuant to 319
subsection (a) of section 21a-420o of the general statutes, as amended by 320
this act, and: 321 Raised Bill No. 5150
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(A) The Social Equity Council verified, pursuant to subdivision (1) of 322
subsection (a) of section 21a-420o of the general statutes, as amended by 323
this act, that the applicant met the criteria established for a social equity 324
applicant; or 325
(B) The department issued a provisional cultivator license, but not a 326
final cultivator license, to the social equity applicant pursuant to section 327
21a-420o of the general statutes, as amended by this act; 328
(2) If during the period beginning July 1, 2024, and ending March 31, 329
2025, the social equity applicant submits to the department, in a form 330
and manner prescribed by the commissioner: 331
(A) A completed application for a cultivator license; 332
(B) A copy of an agreement, between the social equity applicant and 333
a hemp producer that has been continually licensed under section 22-334
61l of the general statutes since January 1, 2023, which provides: 335
(i) For the use of the hemp producer's cultivation lot, which may be 336
located outside a disproportionately impacted area; and 337
(ii) That if the department issues a provisional cultivator license to 338
the social equity applicant pursuant to this section: 339
(I) Such provisional cultivator license shall immediately be deemed 340
to have automatically replaced both the provisional cultivator license 341
application the social equity applicant submitted and any provisional 342
cultivator license the department issued to the social equity applicant 343
pursuant to subsection (a) of section 21a-420o of the general statutes, as 344
amended by this act, and such previously submitted provisional 345
cultivator license application and previously issued provisional 346
cultivator license shall immediately be deemed to have been 347
automatically withdrawn or surrendered, as applicable, as set forth in 348
subparagraph (C)(i) of this subdivision; and 349
(II) The hemp producer shall immediately be deemed to have 350
automatically surrendered such hemp producer's license under section 351 Raised Bill No. 5150
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22-61l of the general statutes, as set forth in subparagraph (D) of this 352
subdivision; 353
(C) An acknowledgment by the social equity applicant that, if the 354
department issues a provisional cultivator license to the social equity 355
applicant pursuant to this section: 356
(i) Such provisional cultivator license shall immediately be deemed 357
to have automatically replaced both the provisional cultivator license 358
application the social equity applicant submitted and any provisional 359
cultivator license the department issued to the social equity applicant 360
pursuant to subsection (a) of section 21a-420o of the general statutes, as 361
amended by this act, and such previously submitted provisional 362
cultivator license application and previously issued cultivator license 363
shall immediately be deemed to have been automatically withdrawn or 364
surrendered, as applicable; and 365
(ii) The social equity applicant shall no longer be eligible to create an 366
equity joint venture, as prohibited under subsection (e) of this section; 367
(D) An acknowledgment by the hemp producer which is a party to 368
the agreement described in subparagraph (B) of this subdivision that, if 369
the department issues a provisional cultivator license to the social equity 370
applicant pursuant to this section, the hemp producer shall immediately 371
be deemed to have automatically surrendered such hemp producer's 372
license under section 22-61l of the general statutes; 373
(E) Evidence that is sufficient for the department to verify that the 374
hemp producer which is a party to the agreement described in 375
subparagraph (B) of this subdivision has been continually licensed 376
under section 22-61l of the general statutes since January 1, 2023; 377
(F) A written statement by the social equity applicant disclosing 378
whether any change occurred in the ownership or control of the social 379
equity applicant after the Social Equity Council verified that the social 380
equity applicant met the criteria for a social equity applicant pursuant 381
to subdivision (1) of subsection (a) of section 21a-420o of the general 382 Raised Bill No. 5150
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statutes, as amended by this act; and 383
(G) The application fee required under subsection (b) of this section; 384
(3) If any change described in subparagraph (F) of subdivision (2) of 385
this subsection has occurred which is: 386
(A) Allowed under (i) section 21a-420g of the general statutes, as 387
amended by this act, or (ii) any regulation adopted, or policy or 388
procedure issued, pursuant to section 21a-420g of the general statutes, 389
as amended by this act, or 21a-420h of the general statutes; and 390
(B) Allowed under subdivision (1) of subsection (c) of this section, 391
whereby (i) the Social Equity Council has determined that the social 392
equity applicant continues to meet the criteria for a social equity 393
applicant, and (ii) the department has received a written notice from the 394
Social Equity Council disclosing that the Social Equity Council has 395
determined that the social equity applicant continues to meet the criteria 396
for a social equity applicant; 397
(4) If pursuant to subdivision (2) of subsection (c) of this section, (A) 398
the Social Equity Council has reviewed the agreement described in 399
subparagraph (B) of subdivision (2) of this subsection, and (B) the 400
department has received a written notice from the Social Equity Council 401
disclosing that the Social Equity Council has determined that the social 402
equity applicant continues to meet the criteria for a social equity 403
applicant; and 404
(5) If all hemp, as defined in section 22-61l of the general statutes, has 405
been harvested from the cultivation lot described in subparagraph (B)(i) 406
of subdivision (2) of this subsection. 407
(b) (1) A social equity applicant shall submit to the department a 408
three-million-dollar application fee unless the social equity applicant 409
has (A) received a provisional cultivator license under subsection (a) of 410
section 21a-420o of the general statutes, as amended by this act, and (B) 411
paid the fee required under subdivision (3) of subsection (a) of section 412 Raised Bill No. 5150
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21a-420o of the general statutes, as amended by this act. 413
(2) The fee to renew a final cultivator license issued pursuant to this 414
section shall be the same as the fee to renew a final cultivator license as 415
set forth in section 21a-420e of the general statutes, as amended by this 416
act. 417
(3) All fees collected by the department under this section shall be 418
deposited in the Cannabis Social Equity and Innovation Fund 419
established in subsection (c) of section 21a-420f of the general statutes. 420
(c) (1) If any change described in subparagraph (F) of subdivision (2) 421
of subsection (a) of this section has occurred, the Social Equity Council 422
shall (A) determine whether the social equity applicant continues to 423
meet the criteria for a social equity applicant, and (B) submit to the 424
department, in a form and manner prescribed by the commissioner, a 425
written notice disclosing such determination. 426
(2) The Social Equity Council shall (A) review the agreement 427
described in subparagraph (B) of subdivision (2) of subsection (a) of this 428
section, and (B) submit to the department, in a form and manner 429
prescribed by the commissioner, a written notice disclosing whether the 430
social equity applicant continues to meet the criteria for a social equity 431
applicant. 432
(d) All harvested hemp described in subdivision (5) of subsection (a) 433
of this section shall continue to be deemed hemp until the department 434
issues a final cultivator license to the social equity applicant pursuant to 435
this section. After the department issues a final cultivator license to the 436
social equity applicant pursuant to this section, such harvested hemp 437
shall be deemed to be cannabis and shall be subject to all cannabis 438
cultivation, testing, labeling, tracking, reporting and manufacturing 439
provisions of RERACA as such provisions apply to cultivators. For the 440
purposes of this subsection, "hemp" has the same meaning as provided 441
in section 22-61l of the general statutes. 442
(e) No social equity applicant that receives a cultivator license 443 Raised Bill No. 5150
LCO No. 886 16 of 55
pursuant to this section shall be eligible to create an equity joint venture. 444
(f) Each application submitted to the department pursuant to 445
subsection (a) of this section, and all information included in, or 446
submitted with, any application submitted pursuant to said subsection, 447
shall be subject to the provisions of subsection (g) of section 21a-420e of 448
the general statutes. 449
(g) Notwithstanding any other provision of RERACA, and except as 450
otherwise provided in subsections (a) to (f), inclusive, of this section: 451
(1) Each application submitted pursuant to subsection (a) of this 452
section shall be processed as any other cultivator application that has 453
been selected through the lottery; and 454
(2) Each social equity applicant, application submitted pursuant to 455
subsection (a) of this section and cultivator license issued pursuant to 456
this section shall be subject to subsections (e) to (l), inclusive, of section 457
21a-420g of the general statutes, as amended by this act. 458
Sec. 4. (NEW) (Effective July 1, 2024) (a) (1) During the period 459
beginning July 1, 2024, and ending December 31, 2024, a social equity 460
applicant that has submitted an application to the department for a 461
cultivator license pursuant to subsection (a) of section 21a-420o of the 462
general statutes, as amended by this act, may withdraw such application 463
and apply for a micro-cultivator license pursuant to this section if: 464
(A) The Social Equity Council has verified that the applicant meets 465
the criteria for a social equity applicant pursuant to subdivision (1) of 466
subsection (a) of section 21a-420o of the general statutes, as amended by 467
this act; 468
(B) The social equity applicant is eligible to receive a provisional 469
cultivator license pursuant to subsection (a) of section 21a-420o of the 470
general statutes, as amended by this act; 471
(C) The department has not already issued a provisional cultivator 472
license to the social equity applicant pursuant to subsection (a) of section 473 Raised Bill No. 5150
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21a-420o of the general statutes, as amended by this act; and 474
(D) The social equity applicant submits to the department, in a form 475
and manner prescribed by the commissioner, a written statement by the 476
social equity applicant: 477
(i) Withdrawing the social equity applicant's application under 478
subsection (a) of section 21a-420o of the general statutes, as amended by 479
this act; and 480
(ii) Acknowledging that if the social equity applicant withdraws the 481
application submitted under subsection (a) of section 21a-420o of the 482
general statutes, as amended by this act, the social equity applicant shall 483
no longer be eligible to create an equity joint venture, as prohibited 484
under subsection (e) of this section. 485
(2) No social equity applicant that withdraws an application in the 486
manner set forth in subdivision (1) of this subsection shall be eligible to 487
receive a refund for any fee paid in connection with such withdrawn 488
application. 489
(b) During the period beginning July 1, 2024, and ending December 490
31, 2025, the department shall issue a micro-cultivator license to a social 491
equity applicant pursuant to this section: 492
(1) If the social equity applicant meets the eligibility criteria 493
established in subdivision (1) of subsection (a) of this section; 494
(2) If during the period beginning July 1, 2024, and ending December 495
31, 2024, the social equity applicant submits to the department, in a form 496
and manner prescribed by the commissioner: 497
(A) A completed micro-cultivator license application; 498
(B) A written statement by the social equity applicant disclosing 499
whether any change occurred in the ownership or control of the social 500
equity applicant after the Social Equity Council verified that the 501
applicant met the criteria for a social equity applicant pursuant to 502 Raised Bill No. 5150
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subdivision (1) of subsection (a) of section 21a-420o of the general 503
statutes, as amended by this act; and 504
(C) The application and conversion fees required under subdivision 505
(1) of subsection (c) of this section; and 506
(3) If any change described in subparagraph (B) of subdivision (2) of 507
this subsection has occurred: 508
(A) Such change in ownership or control is allowed under (i) section 509
21a-420g of the general statutes, as amended by this act, or (ii) any 510
regulation adopted, or policy or procedure issued, pursuant to section 511
21a-420g of the general statutes, as amended by this act, or 21a-420h of 512
the general statutes; and 513
(B) Pursuant to subsection (d) of this section, (i) the Social Equity 514
Council has determined that the social equity applicant continues to 515
meet the criteria for a social equity applicant, and (ii) the department 516
has received a written notice from the Social Equity Council disclosing 517
that the Social Equity Council has determined that the social equity 518
applicant continues to meet the criteria for a social equity applicant. 519
(c) (1) A social equity applicant that submits a micro-cultivator license 520
application pursuant to subsection (b) of this section shall submit to the 521
department (A) an application fee in the amount of five hundred 522
thousand dollars, and (B) a conversion fee in the amount of five hundred 523
thousand dollars. 524
(2) The fee to renew a final micro-cultivator license issued pursuant 525
to this section shall be the same as the fee to renew a final micro-526
cultivator license as set forth in section 21a-420e of the general statutes, 527
as amended by this act. 528
(3) All fees collected by the department under this section shall be 529
deposited in the Cannabis Social Equity and Innovation Fund 530
established in subsection (c) of section 21a-420f of the general statutes. 531
(d) If any change described in subparagraph (B) of subdivision (2) of 532 Raised Bill No. 5150
LCO No. 886 19 of 55
subsection (b) of this section has occurred, the Social Equity Council 533
shall (1) determine whether the social equity applicant continues to meet 534
the criteria for a social equity applicant, and (2) submit to the 535
department, in a form and manner prescribed by the commissioner, a 536
written notice disclosing such determination. 537
(e) A social equity applicant that withdraws an application in the 538
manner set forth in subdivision (1) of subsection (a) of this section shall 539
no longer be eligible to create an equity joint venture. 540
(f) Each application submitted to the department pursuant to 541
subsection (b) of this section, and all information included in, or 542
submitted with, any application submitted pursuant to said subsection, 543
shall be subject to the provisions of subsection (g) of section 21a-420e of 544
the general statutes. 545
(g) Notwithstanding any other provision of RERACA, and except as 546
otherwise provided in subsections (a) to (f), inclusive, of this section: 547
(1) Each application submitted pursuant to subsection (b) of this 548
section shall be processed as any other micro-cultivator application that 549
has been selected through the lottery; and 550
(2) Each social equity applicant, application submitted pursuant to 551
subsection (b) of this section and micro-cultivator license issued 552
pursuant to this section shall be subject to subsections (e) to (l), inclusive, 553
of section 21a-420g of the general statutes, as amended by this act. 554
Sec. 5. Subsections (i) to (k), inclusive, of section 21a-420d of the 2024 555
supplement to the general statutes are repealed and the following is 556
substituted in lieu thereof (Effective July 1, 2024): 557
(i) (1) Not later than August 1, 2021, and annually thereafter until July 558
31, 2023, the council shall use the most recent five-year United States 559
Census Bureau American Community Survey estimates or any 560
successor data to determine one or more United States census tracts in 561
the state that are a disproportionately impacted area and shall publish a 562 Raised Bill No. 5150
LCO No. 886 20 of 55
list of such tracts on the council's Internet web site. 563
(2) Not later than August 1, 2023, the council shall use poverty rate 564
data from the most recent five-year United States Census Bureau 565
American Community Survey estimates, population data from the most 566
recent decennial census and conviction information from databases 567
managed by the Department of Emergency Services and Public 568
Protection to identify all United States census tracts in the state that are 569
disproportionately impacted areas and shall publish a list of such tracts 570
on the council's Internet web site. In identifying which census tracts in 571
this state are disproportionately impacted areas and preparing such list, 572
the council shall: 573
(A) Not deem any census tract with a poverty rate that is less than the 574
state-wide poverty rate to be a disproportionately impacted area; 575
(B) After eliminating the census tracts described in subparagraph (A) 576
of this subdivision, rank the remaining census tracts in order from the 577
census tract with the greatest historical conviction rate for drug-related 578
offenses to the census tract with the lowest historical conviction rate for 579
drug-related offenses; and 580
(C) Include census tracts in the order of rank described in 581
subparagraph (B) of this subdivision until including the next census 582
tract would cause the total population of all included census tracts to 583
exceed twenty-five per cent of the state's population. 584
(3) On and after July 1, 2024, any reservation, as defined in section 47-585
63, of the Schaghticoke, Paucatuck Eastern Pequot or Golden Hill 586
Paugussett indigenous tribe recognized by this state under subsection 587
(b) of section 47-59a shall be deemed to be a disproportionately 588
impacted area, provided such reservation includes at least ten acres of 589
contiguous land and such land comprised part of such reservation on 590
July 1, 2024. 591
(j) After developing criteria for workforce development plans as 592
described in subdivision (4) of subsection (h) of this section, the council 593 Raised Bill No. 5150
LCO No. 886 21 of 55
shall review and approve or deny in writing any such plan submitted 594
by a producer under section 21a-420l or a hybrid-retailer under section 595
21a-420u, as amended by this act. 596
(k) The council shall develop criteria for evaluating the ownership 597
and control of any equity joint venture created under section 21a-420m, 598
as amended by this act, 21a-420u, as amended by this act, or 21a-420j 599
and shall review and approve or deny in writing such equity joint 600
venture prior to such equity joint venture being licensed under section 601
21a-420m, as amended by this act, 21a-420u, as amended by this act, or 602
21a-420j. After developing criteria for social equity plans as described in 603
subdivision (5) of subsection (h) of this section, the council shall review 604
and approve or deny in writing any such plan submitted by a cannabis 605
establishment as part of its final license application. The council shall 606
not approve any equity joint venture applicant which shares with an 607
equity joint venture any individual owner who meets the criteria 608
established in subparagraphs (A) and (B) of subdivision [(50)] (52) of 609
section 21a-420, as amended by this act, other than an individual owner 610
in their capacity as a backer licensed under section 21a-420o, as 611
amended by this act. 612
Sec. 6. Subsection (c) of section 21a-420e of the 2024 supplement to 613
the general statutes is repealed and the following is substituted in lieu 614
thereof (Effective July 1, 2024): 615
(c) Except as provided in subsection (d) of this section, the following 616
fees shall be paid by each applicant: 617
(1) For a retailer license, the fee to enter the lottery shall be five 618
hundred dollars, the fee to receive a provisional license shall be five 619
thousand dollars and the fee to receive a final license or a renewal of a 620
final license shall be twenty-five thousand dollars. 621
(2) For a hybrid retailer license, the fee to enter the lottery shall be five 622
hundred dollars, the fee to receive a provisional license shall be five 623
thousand dollars and the fee to receive a final license or a renewal of a 624
final license shall be twenty-five thousand dollars. 625 Raised Bill No. 5150
LCO No. 886 22 of 55
(3) For a cultivator license, the fee to enter the lottery shall be one 626
thousand dollars, the fee to receive a provisional license shall be twenty-627
five thousand dollars and the fee to receive a final license or a renewal 628
of a final license shall be seventy-five thousand dollars. 629
(4) For a micro-cultivator license, the fee to enter the lottery shall be 630
two hundred fifty dollars, the fee to receive a provisional license shall 631
be five hundred dollars and the fee to receive a final license or a renewal 632
of a final license shall be one thousand dollars. 633
(5) (A) For a product manufacturer license, the fee to enter the lottery 634
shall be seven hundred fifty dollars, the fee to receive a provisional 635
license shall be five thousand dollars and the fee to receive a final license 636
or a renewal of a final license shall be twenty-five thousand dollars. 637
(B) For a product manufacturer seeking authorization to expand the 638
product manufacturer's authorized activities to include the authorized 639
activities of a food and beverage manufacturer, the application fee for 640
such expanded authorization shall be five thousand dollars and the fee 641
to renew such expanded authorization shall be five thousand dollars. 642
The fees due under this subparagraph shall be in addition to the fees 643
due under subparagraph (A) of this subdivision. 644
(6) (A) For a food and beverage manufacturer license, the fee to enter 645
the lottery shall be two hundred fifty dollars, the fee to receive a 646
provisional license shall be one thousand dollars and the fee to receive 647
a final license or a renewal of a final license shall be five thousand 648
dollars. 649
(B) For a food and beverage manufacturer seeking authorization to 650
expand the food and beverage manufacturer's authorized activities to 651
include the authorized activities of a product manufacturer, the 652
application fee for such expanded authorization shall be twenty-five 653
thousand dollars and the fee to renew such expanded authorization 654
shall be twenty-five thousand dollars. The fees due under this 655
subparagraph shall be in addition to the fees due under subparagraph 656
(A) of this subdivision. 657 Raised Bill No. 5150
LCO No. 886 23 of 55
(7) (A) For a product packager license, the fee to enter the lottery shall 658
be five hundred dollars, the fee to receive a provisional license shall be 659
five thousand dollars and the fee to receive a final license or a renewal 660
of a final license shall be twenty-five thousand dollars. 661
(B) For a product packager seeking authorization to expand the 662
product packager's authorized activities to include the authorized 663
activities of a product manufacturer, the application fee for such 664
expanded authorization shall be thirty thousand dollars and the fee to 665
renew such expanded authorization shall be thirty thousand dollars. 666
The fees due under this subparagraph shall be in lieu of the fees due 667
under subparagraph (A) of this subdivision. 668
(8) For a delivery service or transporter license, the fee to enter the 669
lottery shall be two hundred fifty dollars, the fee to receive a provisional 670
license shall be one thousand dollars and the fee to receive a final license 671
or a renewal of a final license shall be five thousand dollars. 672
(9) For an initial or renewal of a backer license, the fee shall be one 673
hundred dollars. 674
(10) For an initial or renewal of a key employee license, the fee shall 675
be one hundred dollars. 676
(11) For an initial or renewal of a registration of an employee who is 677
not a key employee, the fee shall be fifty dollars. 678
(12) The license conversion fee for a dispensary facility to become a 679
hybrid retailer shall be one million dollars, except as provided in section 680
21a-420u, as amended by this act. 681
(13) The license conversion fee for a producer to engage in the adult 682
use cannabis market shall be three million dollars, except as provided in 683
section 21a-420l. 684
(14) For a dispensary facility license, the fee to enter the lottery shall 685
be five hundred dollars, the fee to receive a provisional license shall be 686
five thousand dollars and the fee to receive a final license or a renewal 687 Raised Bill No. 5150
LCO No. 886 24 of 55
of a final license shall be five thousand dollars. 688
(15) For a producer license, the fee to enter the lottery shall be one 689
thousand dollars, the fee to receive a provisional license shall be twenty-690
five thousand dollars and the fee to receive a final license or a renewal 691
of a final license shall be seventy-five thousand dollars. 692
Sec. 7. Subsection (b) of section 21a-420g of the 2024 supplement to 693
the general statutes is repealed and the following is substituted in lieu 694
thereof (Effective July 1, 2024): 695
(b) Except as provided in section 21a-420o, as amended by this act, 696
and sections 3 and 4 of this act, prior to the first date that the department 697
begins accepting applications for a license type, the department shall 698
determine the maximum number of applications that shall be 699
considered for such license type and post such information on its 700
Internet web site. Fifty per cent of the maximum number of applications 701
that shall be considered for each license type (1) shall be selected 702
through a social equity lottery for such license type, and (2) shall be 703
reserved by the department for social equity applicants. If, upon the 704
close of the application period for a license type, the department 705
receives more applications than the maximum number to be considered 706
in total or to be reserved for social equity applicants as set forth in this 707
subsection, a third-party lottery operator shall conduct a lottery to 708
identify applications for review by the department and the Social Equity 709
Council. 710
Sec. 8. Subsection (b) of section 21a-420m of the 2024 supplement to 711
the general statutes is repealed and the following is substituted in lieu 712
thereof (Effective July 1, 2024): 713
(b) The equity joint venture shall be in any cannabis establishment 714
licensed business, other than a cultivator license, provided such equity 715
joint venture is at least fifty per cent owned and controlled by an 716
individual or individuals who meet, or the equity joint venture 717
applicant is an individual who meets, the criteria established in 718
subparagraphs (A) and (B) of subdivision [(50)] (52) of section 21a-420, 719 Raised Bill No. 5150
LCO No. 886 25 of 55
as amended by this act. 720
Sec. 9. Section 21a-420o of the 2024 supplement to the general statutes 721
is repealed and the following is substituted in lieu thereof (Effective July 722
1, 2024): 723
(a) Thirty days after the Social Equity Council posts the criteria for 724
social equity applicants on its Internet web site, the department shall 725
open up a three-month application period for cultivators during which 726
a social equity applicant may apply to the department for a provisional 727
cultivator license and final license for a cultivation facility located in a 728
disproportionately impacted area without participating in a lottery or 729
request for proposals. Such application for a provisional license shall be 730
granted upon: (1) [verification] Verification by the Social Equity Council 731
that the applicant meets the criteria for a social equity applicant; (2) the 732
applicant submitting to and passing a criminal background check; and 733
(3) payment of a three-million-dollar fee to be deposited in the Cannabis 734
Social Equity and Innovation Fund established in section 21a-420f. Upon 735
granting such provisional license, the department shall notify the 736
applicant of the project labor agreement requirements of section 21a-737
421e. The department shall not grant an application for a provisional 738
cultivator license under this subsection after December 31, 2025. 739
(b) To obtain a final cultivator license under this section, the social 740
equity applicant shall provide evidence of: (1) [a] A contract with an 741
entity providing an approved electronic tracking system as described in 742
section 21a-421n; (2) a right to exclusively occupy [a] the location [in a 743
disproportionately impacted area] at which the cultivation facility will 744
be located, which location shall be situated (A) in a disproportionately 745
impacted area, or (B) in the case of an exclusively outdoor grow, in a 746
municipality containing any portion of a disproportionately impacted 747
area, provided (i) such outdoor grow is conducted on land that such 748
municipality has approved for agricultural or farming uses, and (ii) all 749
cultivation complies with the provisions of the regulations adopted, and 750
policies and procedures issued, pursuant to section 21a-421j, as 751
amended by this act, permitting the outdoor cultivation of cannabis; (3) 752 Raised Bill No. 5150
LCO No. 886 26 of 55
any necessary local zoning approval and permits for the cultivation 753
facility; (4) a business plan; (5) a social equity plan approved by the 754
Social Equity Council; (6) written policies for preventing diversion and 755
misuse of cannabis and sales of cannabis to underage persons; and (7) 756
blueprints of the facility and all other security requirements of the 757
department. 758
Sec. 10. Section 21a-420p of the 2024 supplement to the general 759
statutes is repealed and the following is substituted in lieu thereof 760
(Effective July 1, 2024): 761
(a) On and after July 1, 2021, the department may issue or renew a 762
license for a person to be a micro-cultivator. No person may act as a 763
micro-cultivator or represent that such person is a licensed micro-764
cultivator unless such person has obtained a license from the 765
department pursuant to this section. 766
(b) A micro-cultivator is authorized to cultivate, grow, propagate, 767
manufacture and package the cannabis plant at an establishment 768
containing not less than two thousand square feet and not more than ten 769
thousand square feet of grow space, prior to any expansion authorized 770
by the commissioner, provided such micro-cultivator complies with the 771
provisions of any regulations adopted under section 21a-420q 772
concerning grow space. A micro-cultivator business shall meet physical 773
security controls set forth and required by the commissioner. 774
(c) A micro-cultivator may apply for expansion of its grow space, in 775
increments of five thousand square feet, on an annual basis, from the 776
date of initial licensure, if such licensee is not subject to any pending or 777
final administrative actions or judicial findings. If there are any pending 778
or final administrative actions or judicial findings against the licensee, 779
the department shall conduct a suitability review to determine whether 780
such expansion shall be granted, which determination shall be final and 781
appealable only to the Superior Court. The micro-cultivator may apply 782
for an expansion of its business annually upon renewal of its credential 783
until such licensee reaches a maximum of twenty-five thousand square 784 Raised Bill No. 5150
LCO No. 886 27 of 55
feet of grow space. If a micro-cultivator desires to expand beyond 785
twenty-five thousand square feet of grow space, the micro-cultivator 786
licensee may apply for a cultivator license one year after its last 787
expansion request. The micro-cultivator licensee shall not be required to 788
apply through the lottery application process to convert its license to a 789
cultivator license. If a micro-cultivator maintains its license and meets 790
all of the application and licensure requirements for a cultivator license, 791
including payment of the cultivator license fee established under section 792
21a-420e, as amended by this act, the micro-cultivator licensee shall be 793
granted a cultivator license. 794
(d) A micro-cultivator may label, manufacture, package and perform 795
extractions on any cannabis cultivated, grown and propagated at its 796
licensed establishment provided it meets all licensure and application 797
requirements for a food and beverage manufacturer, product 798
manufacturer or product packager, as applicable. 799
(e) A micro-cultivator may sell, transfer or transport its cannabis to a 800
dispensary facility, hybrid retailer, retailer, delivery service, food and 801
beverage manufacturer, product manufacturer, research program, 802
cannabis testing laboratory or product packager, provided the cannabis 803
is cultivated, grown and propagated at the micro-cultivator's licensed 804
establishment and transported utilizing the micro-cultivator's own 805
employees or a transporter. A micro-cultivator shall not gift or transfer 806
cannabis or cannabis products at no cost to a consumer as part of a 807
commercial transaction. 808
(f) [A] (1) Subject to the requirements of this subsection and 809
subsection (b) of section 21a-420c, a micro-cultivator may sell its own 810
cannabis, including, but not limited to, its own cannabis seedlings, to 811
consumers, excluding qualifying patients and caregivers, either through 812
a delivery service or utilizing its own employees. [, subject to the 813
requirements of subsection (b) of section 21a-420c] No cannabis 814
establishment other than a micro-cultivator shall sell cannabis seedlings 815
to consumers. 816 Raised Bill No. 5150
LCO No. 886 28 of 55
(2) No micro-cultivator shall sell a cannabis seedling to a consumer 817
unless: 818
(A) The micro-cultivator cultivated the cannabis seedling in this state 819
from seed or clone; 820
(B) The cannabis seedling (i) has a standing height of not more than 821
six inches measured from the base of the stem to the tallest point of the 822
plant, (ii) does not contain any bud or flower, and (iii) has been tested 823
for pesticides and heavy metals in accordance with the laboratory 824
testing standards established in the policies and procedures issued, and 825
final regulations adopted, by the commissioner pursuant to section 21a-826
421j, as amended by this act; and 827
(C) A label or informational tag is affixed to the cannabis seedling 828
disclosing the following in legible English, black lettering, Times New 829
Roman font, flat regular typeface, on a contrasting background and in 830
uniform size of not less than one-tenth of one inch, based on a capital 831
letter "K": 832
(i) The name of the micro-cultivator; 833
(ii) A product description for the cannabis seedling; 834
(iii) One of the following chemotypes anticipated after flowering: (I) 835
"High THC, Low CBD"; (II) "Low THC, High CBD"; or (III) "50/50 THC 836
and CBD"; 837
(iv) The results of the testing required under subparagraph (B)(iii) of 838
this subdivision; 839
(v) Directions for optimal care of the cannabis seedling; 840
(vi) Unobscured symbols, in a size of not less than one-half inch by 841
one-half inch and in a format approved by the commissioner, which 842
symbols shall indicate that the cannabis seedling contains THC and is 843
not legal or safe for individuals younger than twenty-one years of age; 844
and 845 Raised Bill No. 5150
LCO No. 886 29 of 55
(vii) A unique identifier generated by a cannabis analytic tracking 846
system maintained by the department and used to track cannabis under 847
the policies and procedures issued, and final regulations adopted, by 848
the commissioner pursuant to section 21a-421j, as amended by this act. 849
(3) Notwithstanding section 21a-421j, as amended by this act, no 850
cannabis seedling shall be required to be sold in child-resistant 851
packaging. 852
(4) No micro-cultivator shall knowingly sell more than three cannabis 853
seedlings to a consumer in any six-month period. 854
(5) No micro-cultivator shall accept any returned cannabis seedling. 855
(6) Any micro-cultivator that engages in the delivery of cannabis as 856
set forth in subdivision (1) of this subsection shall maintain a secure 857
location, in a manner approved by the commissioner, at the micro-858
cultivator's premises where cannabis that is unable to be delivered may 859
be returned to the micro-cultivator. Such secure cannabis return location 860
shall meet specifications set forth by the commissioner and published 861
on the department's Internet web site or included in regulations adopted 862
by the department. A micro-cultivator shall cease delivery of cannabis 863
to consumers if [it] the micro-cultivator converts to being a cultivator. 864
Sec. 11. Subsections (d) and (e) of section 21a-420s of the 2024 865
supplement to the general statutes are repealed and the following is 866
substituted in lieu thereof (Effective July 1, 2024): 867
(d) A hybrid retailer shall [maintain] provide access to a licensed 868
pharmacist, either on premises or through telehealth, at all times when 869
the hybrid retail location is open to the public or to qualifying patients 870
and caregivers. 871
(e) The hybrid retailer location shall include a private consultation 872
space for pharmacists to meet with qualifying patients and caregivers 873
either on premises or through telehealth. Additionally, the hybrid 874
retailer premises shall accommodate an expedited method of entry that 875 Raised Bill No. 5150
LCO No. 886 30 of 55
allows for priority entrance into the premises for qualifying patients and 876
caregivers. 877
Sec. 12. Subsection (b) of section 21a-420u of the 2024 supplement to 878
the general statutes is repealed and the following is substituted in lieu 879
thereof (Effective July 1, 2024): 880
(b) Any equity joint venture created under this section shall be 881
created for the development of a cannabis establishment, other than a 882
cultivator, provided such equity joint venture is at least fifty per cent 883
owned and controlled by an individual or individuals who meet, or the 884
equity joint venture applicant is an individual who meets, the criteria 885
established in subparagraphs (A) and (B) of subdivision [(50)] (52) of 886
section 21a-420, as amended by this act. 887
Sec. 13. Section 21a-420v of the general statutes is repealed and the 888
following is substituted in lieu thereof (Effective July 1, 2024): 889
(a) A dispensary facility or hybrid retailer may submit an application 890
to the department, in a form and manner prescribed by the 891
commissioner, to relocate its current dispensary facility or hybrid 892
retailer location. Such relocation application shall include: 893
(1) The number of qualifying patients the applicant served during the 894
six-month period preceding the date of such relocation application, 895
broken down by month, and indicating whether such number increased 896
or decreased over such six-month period; 897
(2) Evidence of (A) alternative dispensary facilities and hybrid 898
retailers located within a ten-mile radius of the applicant, prior to the 899
proposed relocation, where qualifying patients may obtain medical 900
marijuana products, and (B) available public transportation to the 901
alternative dispensary facilities and hybrid retailers described in 902
subparagraph (A) of this subdivision; 903
(3) A statement disclosing whether the applicant will continue to 904
provide delivery services to the qualifying patients the applicant serves 905 Raised Bill No. 5150
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prior to the proposed relocation and, if so, the duration and geographic 906
scope of such delivery services; 907
(4) A plan to communicate the proposed relocation to qualifying 908
patients, including, but not limited to, the content and methods of, and 909
timeframes and target audiences for, such communications; and 910
(5) A plan to communicate with nearby dispensary facilities and 911
hybrid retailers concerning the proposed relocation and the needs of the 912
qualifying patients served by the applicant. 913
[(a) Until June 30, 2023, the] (b) The commissioner may deny a 914
[change of location] relocation application from a dispensary facility or 915
hybrid retailer based on the needs of qualifying patients. 916
[(b)] (c) Prior to June 30, 2022, the commissioner shall not approve the 917
relocation of a dispensary facility or hybrid retailer to a location that is 918
further than ten miles from its current dispensary facility or hybrid 919
retailer location. 920
Sec. 14. Section 21a-420y of the 2024 supplement to the general 921
statutes is repealed and the following is substituted in lieu thereof 922
(Effective July 1, 2024): 923
(a) On and after July 1, 2021, the department may issue or renew a 924
license for a person to be a product packager. No person may act as a 925
product packager or represent that such person is a product packager 926
unless such person has obtained a license from the department pursuant 927
to this section. 928
(b) A product packager may obtain cannabis from a producer, 929
cultivator, micro-cultivator, food and beverage manufacturer or a 930
product manufacturer, provided the product packager utilizes its own 931
employees or a transporter. The product packager may sell, transfer or 932
transport cannabis to and from any cannabis establishment, cannabis 933
testing laboratory or research program, provided the product packager 934
only transports cannabis packaged at its licensed establishment and 935 Raised Bill No. 5150
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utilizing its own employees or a transporter. 936
(c) A product packager shall be responsible for ensuring that 937
cannabis products are labeled and packaged in compliance with the 938
provisions of RERACA and the policies and procedures issued by the 939
commissioner to implement, and any regulations adopted pursuant to, 940
RERACA. 941
(d) A product packager shall ensure all equipment utilized for 942
processing and packaging cannabis is sanitary and inspected regularly 943
to deter the adulteration of cannabis. 944
(e) (1) A product packager may expand the product packager's 945
authorized activities to include the authorized activities of a product 946
manufacturer if: (A) The product packager submits to the department 947
(i) a completed license expansion application on a form and in a manner 948
prescribed by the commissioner, and (ii) the fee prescribed in 949
subparagraph (B) of subdivision (7) of subsection (c) of section 21a-420e, 950
as amended by this act; and (B) the commissioner authorizes the product 951
packager, in writing, to expand such product packager's authorized 952
activities to include the authorized activities of a product manufacturer. 953
(2) A product packager that expands the product packager's 954
authorized activities to include the authorized activities of a product 955
manufacturer under this subsection shall comply with all provisions of 956
this chapter, and all regulations, policies and procedures prescribed 957
pursuant to this chapter, concerning product manufacturers. In the 958
event of a conflict between any provision of this chapter, or any 959
regulation, policy or procedure prescribed pursuant to this chapter, 960
concerning product packagers and any such provision, regulation, 961
policy or procedure concerning product manufacturers, the provision, 962
regulation, policy or procedure imposing the more stringent public 963
health and safety standard shall prevail. 964
Sec. 15. Subsection (b) of section 21a-421j of the 2024 supplement to 965
the general statutes is repealed and the following is substituted in lieu 966
thereof (Effective July 1, 2024): 967 Raised Bill No. 5150
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(b) The commissioner shall adopt regulations in accordance with 968
chapter 54 to implement the provisions of RERACA. Notwithstanding 969
the requirements of sections 4-168 to 4-172, inclusive, in order to 970
effectuate the purposes of RERACA and protect public health and 971
safety, prior to adopting such regulations the commissioner shall issue 972
policies and procedures to implement the provisions of RERACA that 973
shall have the force and effect of law. The commissioner shall post all 974
policies and procedures on the department's Internet web site and 975
submit such policies and procedures to the Secretary of the State for 976
posting on the eRegulations System, at least fifteen days prior to the 977
effective date of any policy or procedure. The commissioner shall also 978
provide such policies and procedures, in a manner prescribed by the 979
commissioner, to each licensee. Any such policy or procedure shall no 980
longer be effective upon the earlier of either the adoption of the policy 981
or procedure as a final regulation under section 4-172 or forty-eight 982
months from June 22, 2021, if such regulations have not been submitted 983
to the legislative regulation review committee for consideration under 984
section 4-170. The commissioner shall issue policies and procedures and 985
thereafter final regulations that include, but are not limited to, the 986
following: 987
(1) Setting appropriate dosage, potency, concentration and serving 988
size limits and delineation requirements for cannabis, provided a 989
standardized serving of edible cannabis product or beverage, other than 990
a medical marijuana product, shall contain not more than five 991
milligrams of THC. 992
(2) Requiring that each single standardized serving of cannabis 993
product in a multiple-serving edible product or beverage is physically 994
demarked in a way that enables a reasonable person to determine how 995
much of the product constitutes a single serving and a maximum 996
amount of THC per multiple-serving edible cannabis product or 997
beverage. 998
(3) Requiring that, if it is impracticable to clearly demark every 999
standardized serving of cannabis product or to make each standardized 1000 Raised Bill No. 5150
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serving easily separable in an edible cannabis product or beverage, the 1001
product, other than cannabis concentrate or medical marijuana product, 1002
shall contain not more than five milligrams of THC per unit of sale. 1003
(4) Establishing, in consultation with the Department of Mental 1004
Health and Addiction Services, consumer health materials that shall be 1005
posted or distributed, as specified by the commissioner, by cannabis 1006
establishments to maximize dissemination to cannabis consumers. 1007
Consumer health materials may include pamphlets, packaging inserts, 1008
signage, online and printed advertisements and advisories and printed 1009
health materials. 1010
(5) Imposing labeling and packaging requirements for cannabis sold 1011
by a cannabis establishment that include, but are not limited to, the 1012
following: 1013
(A) Inclusion of universal symbols to indicate that cannabis, or a 1014
cannabis product, contains THC and is not legal or safe for individuals 1015
younger than twenty-one years of age, and prescribe how such product 1016
and product packaging shall utilize and exhibit such symbols. 1017
(B) A disclosure concerning the length of time it typically takes for 1018
the cannabis to affect an individual, including that certain forms of 1019
cannabis take longer to have an effect. 1020
(C) A notation of the amount of cannabis the cannabis product is 1021
considered the equivalent to. 1022
(D) A list of ingredients and all additives for cannabis. 1023
(E) [Child-resistant] Except as provided in subdivision (3) of 1024
subsection (f) of section 21a-420p, as amended by this act, child-1025
resistant, tamper-resistant and light-resistant packaging. [, including 1026
requiring that an edible product be individually wrapped.] For the 1027
purposes of this subparagraph, packaging shall be deemed to be (i) 1028
child-resistant if the packaging satisfies the standard for special 1029
packaging established in 16 CFR 1700.1(b)(4), as amended from time to 1030 Raised Bill No. 5150
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time, (ii) tamper-resistant if the packaging has at least one barrier to, or 1031
indicator of, entry that would preclude the contents of such packaging 1032
from being accessed or adulterated without indicating to a reasonable 1033
person that such packaging has been breached, and (iii) light-resistant if 1034
the packaging is entirely and uniformly opaque and protects the entirety 1035
of the contents of such packaging from the effects of light. 1036
(F) [Packaging for] Except as provided in subdivision (3) of 1037
subsection (f) of section 21a-420p, as amended by this act, (i) packaging 1038
for cannabis intended for multiple servings to be resealable in such a 1039
manner so as to render such packaging continuously child-resistant, as 1040
described in subparagraph (E)(i) of this subdivision, and preserve the 1041
integrity of the contents of such packaging, and (ii) if packaging for 1042
cannabis intended for multiple servings contains any edible cannabis 1043
product, for each single standardized serving to be easily discernible 1044
and (I) individually wrapped, or (II) physically demarked and 1045
delineated as required under this subsection. 1046
(G) Impervious packaging that protects the contents of such 1047
packaging from contamination and exposure to any toxic or harmful 1048
substance, including, but not limited to, any glue or other adhesive or 1049
substance that is incorporated in such packaging. 1050
(H) Product tracking information sufficient to determine where and 1051
when the cannabis was grown and manufactured such that a product 1052
recall could be effectuated. 1053
(I) A net weight statement. 1054
(J) A recommended use by or expiration date. 1055
(K) Standard and uniform packaging and labeling, including, but not 1056
limited to, requirements (i) regarding branding or logos, (ii) that all 1057
packaging be opaque, and (iii) that amounts and concentrations of THC 1058
and cannabidiol, per serving and per package, be clearly marked on the 1059
packaging or label of any cannabis product sold. 1060 Raised Bill No. 5150
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(L) For any cannabis concentrate cannabis product that contains a 1061
total THC percentage greater than thirty per cent, a warning that such 1062
cannabis product is a high-potency product and may increase the risk 1063
of psychosis. 1064
(M) Chemotypes, which shall be displayed as (i) "High THC, Low 1065
CBD" where the ratio of THC to CBD is greater than five to one and the 1066
total THC percentage is at least fifteen per cent, (ii) "Moderate THC, 1067
Moderate CBD" where the ratio of THC to CBD is at least one to five but 1068
not greater than five to one and the total THC percentage is greater than 1069
five per cent but less than fifteen per cent, (iii) "Low THC, High CBD" 1070
where the ratio of THC to CBD is less than one to five and the total THC 1071
percentage is not greater than five per cent, or (iv) the chemotype 1072
described in clause (i), (ii) or (iii) of this subparagraph that most closely 1073
fits the cannabis or cannabis product, as determined by mathematical 1074
analysis of the ratio of THC to CBD, where such cannabis or cannabis 1075
product does not fit a chemotype described in clause (i), (ii) or (iii) of 1076
this subparagraph. 1077
(N) A requirement that, prior to being sold and transferred to a 1078
consumer, qualifying patient or caregiver, cannabis packaging be 1079
clearly labeled, whether printed directly on such packaging or affixed 1080
by way of a separate label, other than an extended content label, with: 1081
(i) A unique identifier generated by a cannabis analytic tracking 1082
system maintained by the department and used to track cannabis under 1083
the policies and procedures issued, and final regulations adopted, by 1084
the commissioner pursuant to this section; and 1085
(ii) The following information concerning the cannabis contained in 1086
such packaging, which shall be in legible English, black lettering, Times 1087
New Roman font, flat regular typeface, on a contrasting background 1088
and in uniform size of not less than one-tenth of one inch, based on a 1089
capital letter "K", which information shall also be available on the 1090
Internet web site of the cannabis establishment that sells and transfers 1091
such cannabis: 1092 Raised Bill No. 5150
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(I) The name of such cannabis, as registered with the department 1093
under the policies and procedures issued, and final regulations adopted, 1094
by the commissioner pursuant to this section. 1095
(II) The expiration date, which shall not account for any refrigeration 1096
after such cannabis is sold and transferred to the consumer, qualifying 1097
patient or caregiver. 1098
(III) The net weight or volume, expressed in metric and imperial 1099
units. 1100
(IV) The standardized serving size, expressed in customary units, and 1101
the number of servings included in such packaging, if applicable. 1102
(V) Directions for use and storage. 1103
(VI) Each active ingredient comprising at least one per cent of such 1104
cannabis, including cannabinoids, isomers, esters, ethers and salts and 1105
salts of isomers, esters and ethers, and all quantities thereof expressed 1106
in metric units and as a percentage of volume. 1107
(VII) A list of all known allergens, as identified by the federal Food 1108
and Drug Administration, contained in such cannabis, or the denotation 1109
"no known FDA identified allergens" if such cannabis does not contain 1110
any allergen identified by the federal Food and Drug Administration. 1111
(VIII) The following warning statement within, and outlined by, a red 1112
box: 1113
"This product is not FDA-approved, may be intoxicating, cause long-1114
term physical and mental health problems, and have delayed side 1115
effects. It is illegal to operate a vehicle or machinery under the influence 1116
of cannabis. Keep away from children." 1117
(IX) At least one of the following warning statements, rotated 1118
quarterly on an alternating basis: 1119
"Warning: Frequent and prolonged use of cannabis can contribute to 1120 Raised Bill No. 5150
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mental health problems over time, including anxiety, depression, 1121
stunted brain development and impaired memory." 1122
"Warning: Consumption while pregnant or breastfeeding may be 1123
harmful." 1124
"Warning: Cannabis has intoxicating effects and may be habit-1125
forming and addictive." 1126
"Warning: Consuming more than the recommended amount may 1127
result in adverse effects requiring medical attention.". 1128
(X) All information necessary to comply with labeling requirements 1129
imposed under the laws of this state or federal law, including, but not 1130
limited to, sections 21a-91 to 21a-120, inclusive, and 21a-151 to 21a-159, 1131
inclusive, the Federal Food, Drug and Cosmetic Act, 21 USC 301 et seq., 1132
as amended from time to time, and the federal Fair Packaging and 1133
Labeling Act, 15 USC 1451 et seq., as amended from time to time, for 1134
similar products that do not contain cannabis. 1135
(XI) Such additional warning labels for certain cannabis products as 1136
the commissioner may require and post on the department's Internet 1137
web site. 1138
(6) Establishing laboratory testing standards. 1139
(7) Restricting forms of cannabis products and cannabis product 1140
delivery systems to ensure consumer safety and deter public health 1141
concerns. 1142
(8) Prohibiting certain manufacturing methods, or inclusion of 1143
additives to cannabis products, including, but not limited to, (A) added 1144
flavoring, terpenes or other additives unless approved by the 1145
department, or (B) any form of nicotine or other additive containing 1146
nicotine. 1147
(9) Prohibiting cannabis product types that appeal to children. 1148 Raised Bill No. 5150
LCO No. 886 39 of 55
(10) Establishing physical and cyber security requirements related to 1149
build out, monitoring and protocols for cannabis establishments as a 1150
requirement for licensure. 1151
(11) Placing temporary limits on the sale of cannabis in the adult-use 1152
market, if deemed appropriate and necessary by the commissioner, in 1153
response to a shortage of cannabis for qualifying patients. 1154
(12) Requiring retailers and hybrid retailers to make best efforts to 1155
provide access to (A) low-dose THC products, including products that 1156
have one milligram and two and a half milligrams of THC per dose, and 1157
(B) high-dose CBD products. 1158
(13) Requiring producers, cultivators, micro-cultivators, product 1159
manufacturers and food and beverage manufacturers to register brand 1160
names for cannabis, in accordance with the policies and procedures and 1161
subject to the fee set forth in, regulations adopted under chapter 420f. 1162
(14) Prohibiting a cannabis establishment from selling, other than the 1163
sale of medical marijuana products between cannabis establishments 1164
and the sale of cannabis to qualified patients and caregivers, (A) 1165
cannabis flower or other cannabis plant material with a total THC 1166
concentration greater than thirty per cent on a dry-weight basis, and (B) 1167
any cannabis product other than cannabis flower and cannabis plant 1168
material with a total THC concentration greater than sixty per cent on a 1169
dry-weight basis, except that the provisions of subparagraph (B) of this 1170
subdivision shall not apply to the sale of prefilled cartridges for use in 1171
an electronic cannabis delivery system, as defined in section 19a-342a 1172
and the department may adjust the percentages set forth in 1173
subparagraph (A) or (B) of this subdivision in regulations adopted 1174
pursuant to this section for purposes of public health or to address 1175
market access or shortage. As used in this subdivision, "cannabis plant 1176
material" means material from the cannabis plant, as defined in section 1177
21a-279a. 1178
(15) Permitting the outdoor cultivation of cannabis. 1179 Raised Bill No. 5150
LCO No. 886 40 of 55
(16) Prohibiting packaging that is (A) visually similar to any 1180
commercially similar product that does not contain cannabis, or (B) used 1181
for any good that is marketed to individuals reasonably expected to be 1182
younger than twenty-one years of age. 1183
(17) Allowing packaging to include a picture of the cannabis product 1184
and contain a logo of one cannabis establishment, which logo may be 1185
comprised of not more than three colors and provided neither black nor 1186
white shall be considered one of such three colors. 1187
(18) Requiring packaging to (A) be entirely and uniformly one color, 1188
and (B) not incorporate any information, print, embossing, debossing, 1189
graphic or hidden feature, other than any permitted or required label. 1190
(19) Requiring that packaging and labeling for an edible cannabis 1191
product, excluding the warning labels required under this subsection 1192
and a picture of the cannabis product described in subdivision (17) of 1193
this subsection but including, but not limited to, the logo of the cannabis 1194
establishment, shall only be comprised of black and white or a 1195
combination thereof. 1196
(20) (A) Except as provided in subparagraph (B) of this subdivision, 1197
requiring that delivery device cartridges be labeled, in a clearly legible 1198
manner and in as large a font as the size of the device reasonably allows, 1199
with only the following information (i) the name of the cannabis 1200
establishment where the cannabis is grown or manufactured, (ii) the 1201
cannabis brand, (iii) the total THC and total CBD content contained 1202
within the delivery device cartridge, (iv) the expiration date, and (v) the 1203
unique identifier generated by a cannabis analytic tracking system 1204
maintained by the department and used to track cannabis under the 1205
policies and procedures issued, and final regulations adopted, by the 1206
commissioner pursuant to this section. 1207
(B) A cannabis establishment may emboss, deboss or similarly print 1208
the name of the cannabis establishment's business entity, and one logo 1209
with not more than three colors, on a delivery device cartridge. 1210 Raised Bill No. 5150
LCO No. 886 41 of 55
Sec. 16. Section 21a-421r of the general statutes is repealed and the 1211
following is substituted in lieu thereof (Effective July 1, 2024): 1212
A licensed pharmacist working as an employee [at] of a dispensary 1213
facility or hybrid retailer shall transmit dispensing information, in a 1214
manner prescribed by the commissioner, on any cannabis sold to a 1215
qualifying patient or caregiver in real-time or immediately upon 1216
completion of the transaction, unless not reasonably feasible for a 1217
specific transaction, but in no case longer than one hour after completion 1218
of the transaction. 1219
Sec. 17. Subsection (b) of section 21a-421bb of the 2024 supplement to 1220
the general statutes is repealed and the following is substituted in lieu 1221
thereof (Effective July 1, 2024): 1222
(b) Except as provided in subsection (d) of this section, cannabis 1223
establishments shall not: 1224
(1) Advertise, including, but not limited to, through a business name 1225
or logo, cannabis, cannabis paraphernalia or goods or services related to 1226
cannabis: 1227
(A) In ways that target or are designed to appeal to individuals under 1228
twenty-one years of age, including, but not limited to, spokespersons or 1229
celebrities who appeal to individuals under the legal age to purchase 1230
cannabis or cannabis products, depictions of a person under twenty-five 1231
years of age consuming cannabis, or, the inclusion of objects, such as 1232
toys, characters or cartoon characters, suggesting the presence of a 1233
person under twenty-one years of age, or any other depiction designed 1234
in any manner to be appealing to a person under twenty-one years of 1235
age; or 1236
(B) By using any image, or any other visual representation, of the 1237
cannabis plant or any part of the cannabis plant, including, but not 1238
limited to, the leaf of the cannabis plant; 1239
(2) Engage in any advertising by means of any form of billboard 1240 Raised Bill No. 5150
LCO No. 886 42 of 55
within one thousand five hundred feet of an elementary or secondary 1241
school ground or a house of worship, recreation center or facility, child 1242
care center, playground, public park or library, or engage in any 1243
advertising by means of a billboard between the hours of six o'clock a.m. 1244
and eleven o'clock p.m.; 1245
(3) Engage in advertising by means of any television, radio, Internet, 1246
mobile application, social media or other electronic communication, 1247
billboard or other outdoor signage, or print publication unless the 1248
cannabis establishment has reliable evidence that at least ninety per cent 1249
of the audience for the advertisement is reasonably expected to be 1250
twenty-one years of age or older; 1251
(4) Engage in advertising or marketing directed toward location-1252
based devices, including, but not limited to, cellular phones, unless the 1253
marketing is a mobile device application installed on the device by the 1254
owner of the device who is twenty-one years of age or older and 1255
includes a permanent and easy opt-out feature and warnings that the 1256
use of cannabis is restricted to persons twenty-one years of age or older; 1257
(5) Advertise cannabis or cannabis products in a manner claiming or 1258
implying, or permit any employee of the cannabis establishment to 1259
claim or imply, that such products have curative or therapeutic effects, 1260
or that any other medical claim is true, or allow any employee to 1261
promote cannabis for a wellness purpose unless such claims are 1262
substantiated as set forth in regulations adopted under chapter 420f or 1263
verbally conveyed by a licensed pharmacist or other licensed medical 1264
practitioner in the course of business in, or while representing, a hybrid 1265
retail or dispensary facility; 1266
(6) Sponsor charitable, sports, musical, artistic, cultural, social or 1267
other similar events or advertising at, or in connection with, such an 1268
event unless the cannabis establishment has reliable evidence that (A) 1269
not more than ten per cent of the in-person audience at the event is 1270
reasonably expected to be under the legal age to purchase cannabis or 1271
cannabis products, and (B) not more than ten per cent of the audience 1272 Raised Bill No. 5150
LCO No. 886 43 of 55
that will watch, listen or participate in the event is expected to be under 1273
the legal age to purchase cannabis products; 1274
(7) Advertise cannabis, cannabis products or cannabis paraphernalia 1275
in any physical form visible to the public within five hundred feet of an 1276
elementary or secondary school ground or a recreation center or facility, 1277
child care center, playground, public park or library; 1278
(8) Cultivate cannabis or manufacture cannabis products for 1279
distribution outside of this state in violation of federal law, advertise in 1280
any way that encourages the transportation of cannabis across state lines 1281
or otherwise encourages illegal activity; 1282
(9) Except for dispensary facilities and hybrid retailers, exhibit within 1283
or upon the outside of the facility used in the operation of a cannabis 1284
establishment, or include in any advertisement, the word "dispensary" 1285
or any variation of such term or any other words, displays or symbols 1286
indicating that such store, shop or place of business is a dispensary; 1287
(10) Exhibit within or upon the outside of the premises subject to the 1288
cannabis establishment license, or include in any advertisement the 1289
words "drug store", "pharmacy", "apothecary", "drug", "drugs" or 1290
"medicine shop" or any combination of such terms or any other words, 1291
displays or symbols indicating that such store, shop or place of business 1292
is a pharmacy; 1293
(11) Advertise on or in public or private vehicles or at bus stops, taxi 1294
stands, transportation waiting areas, train stations, airports or other 1295
similar transportation venues including, but not limited to, vinyl-1296
wrapped vehicles or signs or logos on transportation vehicles not 1297
owned by a cannabis establishment; 1298
(12) Display cannabis, cannabis products or any image, or any other 1299
visual representation, of the cannabis plant or any part of the cannabis 1300
plant, including, but not limited to, the leaf of the cannabis plant, so as 1301
to be clearly visible to a person from the exterior of the facility used in 1302
the operation of a cannabis establishment, or display signs or other 1303 Raised Bill No. 5150
LCO No. 886 44 of 55
printed material advertising any brand or any kind of cannabis or 1304
cannabis product, or including any image, or any other visual 1305
representation, of the cannabis plant or any part of the cannabis plant, 1306
including, but not limited to, the leaf of the cannabis plant, on the 1307
exterior of any facility used in the operation of a cannabis establishment; 1308
(13) Utilize radio or loudspeaker, in a vehicle or in or outside of a 1309
facility used in the operation of a cannabis establishment, for the 1310
purposes of advertising the sale of cannabis or cannabis products; [or] 1311
(14) Operate any web site advertising or depicting cannabis, cannabis 1312
products or cannabis paraphernalia unless such web site verifies that 1313
the entrants or users are twenty-one years of age or older; or 1314
(15) Engage in advertising or marketing that includes a discounted 1315
price or other promotional offering as an inducement to purchase 1316
cannabis or any cannabis product. 1317
Sec. 18. Section 22-61m of the 2024 supplement to the general statutes 1318
is repealed and the following is substituted in lieu thereof (Effective July 1319
1, 2024): 1320
(a) No person shall manufacture in the state without a license to 1321
manufacture issued by the Commissioner of Consumer Protection. 1322
(b) Each applicant for a manufacturer license shall submit an 1323
application on a form and in a manner prescribed by the Commissioner 1324
of Consumer Protection. 1325
(c) The following fees shall apply for a license to manufacture: 1326
(1) A nonrefundable license application fee of seventy-five dollars; 1327
and 1328
(2) A nonrefundable licensing fee of three hundred seventy-five 1329
dollars for a license to manufacture hemp. 1330
(d) A license to manufacture issued by the Commissioner of 1331 Raised Bill No. 5150
LCO No. 886 45 of 55
Consumer Protection pursuant to this section shall expire triennially on 1332
June thirtieth. Such licenses shall not be transferable. 1333
(e) In accordance with a hearing held pursuant to chapter 54, the 1334
Commissioner of Consumer Protection may deny, suspend or revoke a 1335
manufacturer license, issue fines of not more than two thousand five 1336
hundred dollars per violation and place conditions upon a 1337
manufacturer licensee who violates the provisions of this section and 1338
any regulation adopted pursuant to this section. 1339
(f) (1) Any individual who manufactures in this state without 1340
obtaining a license pursuant to this section or who manufactures in this 1341
state after such entity's license is suspended or revoked shall be fined 1342
two hundred fifty dollars in accordance with the provisions of section 1343
51-164n. 1344
(2) Any entity who manufactures in this state without obtaining a 1345
license pursuant to this section, or who manufactures in this state after 1346
having a license suspended, shall be fined not more than two thousand 1347
five hundred dollars per violation after a hearing conducted in 1348
accordance with the provisions of chapter 54. 1349
(g) Nothing in this chapter or any regulations adopted pursuant to 1350
this chapter shall be construed to apply to persons licensed pursuant to 1351
section 21a-408i nor to require persons licensed pursuant to said section 1352
to obtain a license pursuant to this chapter. 1353
(h) The Commissioner of Consumer Protection may inspect and shall 1354
have access to the buildings, equipment, supplies, vehicles, records, real 1355
property and other information of any manufacturer applicant or 1356
licensee that the commissioner deems necessary to carry out the 1357
commissioner's duties pursuant to this section. 1358
(i) (1) Each manufacturer shall follow the protocol in this subsection 1359
for disposing of cannabis in the event that any hemp or hemp product 1360
is deemed to exceed the prescribed THC concentration, as determined 1361
by the Commissioner of Consumer Protection, or a manufacturer 1362 Raised Bill No. 5150
LCO No. 886 46 of 55
licensee in possession of hemp or hemp products who desires to dispose 1363
of obsolete, misbranded, excess or otherwise undesired product. Each 1364
manufacturer licensee shall be responsible for all costs of disposal of 1365
hemp samples and any hemp produced by such licensee that violates 1366
the provisions of this section or any regulation adopted pursuant to this 1367
section. Any cannabis that exceeds the prescribed THC concentration 1368
allowable in hemp or hemp products shall be immediately embargoed 1369
by such manufacturer and clearly labeled as adulterated by such 1370
licensee and such licensee shall immediately notify both the Department 1371
of Consumer Protection and the Department of Agriculture, in writing, 1372
of such adulterated product. Such adulterated product shall be 1373
destroyed and disposed of by the following method, as determined by 1374
the Commissioner of Consumer Protection: 1375
(A) Surrender, without compensation, of such hemp or hemp product 1376
to the Commissioner of Consumer Protection who shall be responsible 1377
for the destruction and disposal of such adulterated product; or 1378
(B) By disposal in a manner prescribed by the Commissioner of 1379
Consumer Protection. 1380
(2) Notwithstanding the provisions of subdivision (1) of this 1381
subsection, upon written request of a manufacturer, the Commissioner 1382
of Consumer Protection may permit such manufacturer to combine 1383
different batches of raw hemp plant material to achieve a THC 1384
concentration of 0.3 per cent on a dry weight basis, in lieu of embargo 1385
or destruction. 1386
(j) The manufacturer or manufacturer's authorized designee 1387
disposing of the hemp or hemp products shall maintain and make 1388
available to the Commissioner of Consumer Protection a record of each 1389
such disposal or destruction of product indicating: 1390
(1) The date, time and location of disposal or destruction; 1391
(2) The manner of disposal or destruction; 1392 Raised Bill No. 5150
LCO No. 886 47 of 55
(3) The batch or lot information and quantity of hemp or hemp 1393
product disposed of or destroyed; and 1394
(4) The signatures of the persons disposing of the hemp or hemp 1395
products, the authorized representative of the Commissioner of 1396
Consumer Protection and any other persons present during the 1397
disposal. 1398
(k) Any hemp intended to be manufactured by a manufacturer into a 1399
manufacturer hemp product shall be tested by an independent testing 1400
laboratory located in this state. A manufacturer licensee shall make 1401
available samples, in an amount and type determined by th e 1402
Commissioner of Consumer Protection, of hemp for an independent 1403
testing laboratory employee to select random samples. The independent 1404
testing laboratory shall test each sample in accordance with the 1405
laboratory testing standards established in policies, procedures and 1406
regulations adopted by the commissioner pursuant to section 21a-421j, 1407
as amended by this act. 1408
(l) Once a batch of hemp, intended to be sold as a manufacturer hemp 1409
product, has been homogenized for sample testing and eventual 1410
packaging and sale, until the independent testing laboratory provides 1411
the results from its tests and analysis, the manufacturer shall segregate 1412
and withhold from use the entire batch of hemp that is intended for use 1413
as a manufacturer hemp product, except the samples that have been 1414
removed by the independent testing laboratory for testing. During this 1415
period of segregation, the manufacturer licensee shall maintain the 1416
hemp batch in a secure, cool and dry location, as prescribed by the 1417
Commissioner of Consumer Protection, so as to prevent the hemp from 1418
becoming adulterated. Such manufacturer shall not manufacture or sell 1419
a manufacturer hemp product prior to the time that the independent 1420
testing laboratory completes testing and analysis and provides such 1421
results, in writing, to the manufacturer licensee who initiated such 1422
testing. 1423
(m) An independent testing laboratory shall immediately return or 1424 Raised Bill No. 5150
LCO No. 886 48 of 55
dispose of any hemp or manufacturer hemp product upon the 1425
completion of any testing, use or research. If an independent testing 1426
laboratory disposes of hemp or manufacturer hemp products, the 1427
laboratory shall dispose of such hemp in the following manner, as 1428
determined by the Commissioner of Consumer Protection: 1429
(1) By surrender, without compensation, of such hemp or 1430
manufacturer hemp product to the Commissioner of Consumer 1431
Protection who shall be responsible for the destruction and disposal of 1432
such hemp or hemp product; or 1433
(2) By disposal in a manner prescribed by the Commissioner of 1434
Consumer Protection. 1435
(n) If a sample does not pass the microbiological, mycotoxin, heavy 1436
metal or pesticide chemical residue test, based on the laboratory testing 1437
standards established in policies, procedures and regulations adopted 1438
by the Commissioner of Consumer Protection pursuant to section 21a-1439
421j, as amended by this act, the manufacturer licensee who sent such 1440
batch for testing shall: 1441
(1) Retest and reanalyze the hemp from which the sample was taken 1442
by having an employee from the same laboratory randomly select 1443
another sample from the same hemp batch. If the sample used to retest 1444
or reanalyze such hemp yields satisfactory results for all testing 1445
required under this section, an employee from a different laboratory 1446
shall randomly select a different sample from the same hemp batch for 1447
testing. If both samples yield satisfactory results for all testing required 1448
under this section, the hemp batch from which the samples were taken 1449
shall be released for manufacturing, processing and sale; 1450
(2) If a remediation plan sufficient to ensure public health and safety 1451
is submitted to and approved by the commissioner, remediate the hemp 1452
batch from which the sample was taken and have a laboratory employee 1453
randomly select a sample from such remediated hemp batch for testing. 1454
If such randomly selected sample yields satisfactory results for any 1455
testing required under this section, an employee from a different 1456 Raised Bill No. 5150
LCO No. 886 49 of 55
laboratory shall randomly select a different sample from the same hemp 1457
batch for testing. If both samples yield satisfactory results for all testing 1458
required under this section, the hemp batch from which the samples 1459
were taken may be released for manufacturing, processing or sale; or 1460
(3) If the manufacturer does not retest or remediate, or if any 1461
subsequent laboratory testing does not yield satisfactory results for any 1462
testing required under this section, dispose of the entire batch from 1463
which the sample was taken in accordance with procedures established 1464
by the Commissioner of Consumer Protection pursuant to subdivision 1465
(1) of subsection (i) of this section. 1466
(o) If a sample passes the microbiological, mycotoxin, heavy metal 1467
and pesticide chemical residue test, the independent testing laboratory 1468
shall release the entire batch for manufacturing, processing or sale. 1469
(p) The independent testing laboratory shall file with the Department 1470
of Consumer Protection an electronic copy of each laboratory test result 1471
for any batch that does not pass the microbiological, mycotoxin, heavy 1472
metal or pesticide chemical residue test, at the same time that it 1473
transmits such results to the manufacturer licensee who requested such 1474
testing. Each independent testing laboratory shall maintain the test 1475
results of each tested batch for a period of three years and shall make 1476
such results available to the Department of Consumer Protection upon 1477
request. 1478
(q) Manufacturers shall maintain records required by the federal act, 1479
this section, any regulation adopted pursuant to this section and the 1480
policies, procedures and regulations adopted by the Commissioner of 1481
Consumer Protection pursuant to section 21a-421j, as amended by this 1482
act. Each manufacturer shall make such records available to the 1483
Department of Consumer Protection immediately upon request and in 1484
electronic format, if available. 1485
(r) The Commissioner of Consumer Protection may adopt 1486
regulations, in accordance with the provisions of chapter 54, to 1487
implement the provisions of this section including, but not limited to, 1488 Raised Bill No. 5150
LCO No. 886 50 of 55
establishing sampling and testing procedures to ensure compliance 1489
with this section, prescribing storage and disposal procedures for hemp, 1490
marijuana and manufacturer hemp products that fail to pass 1491
Department of Consumer Protection prescribed independent testing 1492
laboratory testing standards and establishing advertising and labeling 1493
requirements for manufacturer hemp products. 1494
(s) Any claim of health impacts, medical effects or physical or mental 1495
benefits shall be prohibited on any advertising for, labeling of or 1496
marketing of manufacturer hemp products regardless of whether such 1497
manufacturer hemp products were manufactured in this state or 1498
another jurisdiction. Any violation of this subsection shall be deemed an 1499
unfair or deceptive trade practice under subsection (a) of section 42-1500
110b. 1501
(t) Not later than February 1, 2020, the Commissioners of Agriculture 1502
and Consumer Protection shall submit a report, in accordance with 1503
section 11-4a, to the joint standing committee of the general assembly 1504
having cognizance of matters relating to the environment on the status 1505
of the pilot program, the development of the state plan and any 1506
regulations for such pilot program or state plan. Such report shall also 1507
include any legislative recommendations, including, but not limited to, 1508
any recommendations for requiring the registration of any 1509
manufacturer hemp product offered for sale in this state. 1510
(u) (1) Any person who sells manufacturer hemp products shall not 1511
be required to be licensed, provided such person only engages in: (A) 1512
The retail or wholesale sale of manufacturer hemp products in which no 1513
further manufacturing of hemp occurs, provided such manufacturer 1514
hemp products are acquired from a person authorized to manufacture 1515
the manufacturer hemp products under the laws of this state or another 1516
state, territory or possession of the United States or another sovereign 1517
entity; (B) the acquisition of manufacturer hemp products for the sole 1518
purpose of product distribution for resale; and (C) the retail sale of 1519
manufacturer hemp products that is authorized under federal or state 1520
law. 1521 Raised Bill No. 5150
LCO No. 886 51 of 55
(2) The Commissioner of Consumer Protection or Commissioner of 1522
Revenue Services may, pursuant to section 4-182, summarily suspend 1523
any credential the Department of Consumer Protection or Department 1524
of Revenue Services, respectively, issued to any person who [sells 1525
manufacturer hemp products in violation of subdivision (1) of this 1526
subsection or subsections (v) to (y), inclusive, of this section] violates 1527
any provision of this section or chapter 214c, 228d, 420f or 420h. 1528
(v) No manufacturer hemp product offered for sale in this state, or to 1529
a consumer in this state, shall contain any synthetic cannabinoid, as 1530
defined in section 21a-240, as amended by this act. 1531
(w) No manufacturer hemp product offered for sale in this state, or 1532
to a consumer in this state, shall be packaged, presented or advertised 1533
in a manner that is likely to mislead a consumer by incorporating any 1534
statement, brand, design, representation, picture, illustration or other 1535
depiction that: (1) Bears a reasonable resemblance to trademarked or 1536
characteristic packaging of (A) cannabis offered for sale (i) in this state 1537
by a cannabis establishment licensed in this state, or (ii) on tribal land 1538
by a tribal-credentialed cannabis entity, or (B) a commercially available 1539
product other than a cannabis product, as defined in section 21a-420, as 1540
amended by this act; or (2) implies that the manufacturer hemp product 1541
(A) is a cannabis product, as defined in section 21a-420, as amended by 1542
this act, (B) contains a total THC concentration greater than three-tenths 1543
per cent on a dry-weight basis, or (C) is a high-THC hemp product, as 1544
defined in section 21a-240, as amended by this act. 1545
(x) No manufacturer hemp product that is a food, beverage, oil or 1546
other product intended for human ingestion shall be distributed or sold 1547
in this state unless such product is contained within a package, or a label 1548
is affixed to such package, that includes: 1549
(1) A scannable barcode, Internet web site address or quick response 1550
code that is linked to the certificate of analysis of the final form product 1551
batch by an independent testing laboratory and discloses: 1552
(A) The name of such product; 1553 Raised Bill No. 5150
LCO No. 886 52 of 55
(B) The name, address and telephone number of such product's 1554
manufacturer, packer and distributor, as applicable; 1555
(C) The batch number, which shall match the batch number on such 1556
package or label; and 1557
(D) The concentration of cannabinoids present in such product, 1558
including, but not limited to, total THC and any cannabinoids or active 1559
ingredients comprising at least one per cent of such product; 1560
(2) The expiration or best by date for such product, if applicable; 1561
(3) A clear and conspicuous statement disclosing that: 1562
(A) Children, or those who are pregnant or breastfeeding, should 1563
avoid using such product prior to consulting with a health care 1564
professional concerning such product's safety; 1565
(B) Products containing cannabinoids should be kept out of reach of 1566
children; and 1567
(C) The federal Food and Drug Administration has not evaluated 1568
such product for safety or efficacy; and 1569
(4) If such product is intended to be inhaled, a clear and conspicuous 1570
warning statement disclosing that smoking or vaporizing is hazardous 1571
to human health. 1572
(y) No manufacturer hemp product that is a topical, soap or cosmetic, 1573
as defined in section 21a-92, shall be distributed or sold in this state 1574
unless such product is contained within a package, or a label is affixed 1575
to such package, that includes: 1576
(1) A scannable barcode, Internet web site address or quick response 1577
code that is linked to the certificate of analysis of the final form extract 1578
or final form product batch by an independent testing laboratory and 1579
discloses: 1580
(A) The name of such product; 1581 Raised Bill No. 5150
LCO No. 886 53 of 55
(B) The name, address and telephone number of such product's 1582
manufacturer, packer and distributor, as applicable; 1583
(C) The batch number, which shall match the batch number on such 1584
package or label; and 1585
(D) The concentration of cannabinoids present in such batch, 1586
including, but not limited to, total THC and any marketed cannabinoids; 1587
(2) The expiration or best by date for such product, if applicable; and 1588
(3) A clear and conspicuous statement disclosing the following: 1589
"THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY 1590
OR EFFICACY.". 1591
(z) Any violation of subsections (u) to (y), inclusive, of this section 1592
shall be deemed an unfair or deceptive trade practice under subsection 1593
(a) of section 42-110b. 1594
(aa) Not later than October 31, 2023, the Department of Emergency 1595
Services and Public Protection shall, in consultation with the 1596
Department of Consumer Protection, publish a training bulletin to 1597
inform local law enforcement agencies and officers regarding the 1598
investigation and enforcement standards concerning cannabis and high-1599
THC hemp products. 1600
(bb) Notwithstanding any provision of the general statutes: (1) CBD 1601
that is found in manufacturer hemp products shall not be considered a 1602
controlled substance, as defined in section 21a-240, as amended by this 1603
act, or legend drug, as defined in section 20-571; and (2) CBD derived 1604
from hemp and contained in manufacturer hemp products shall not be 1605
considered a controlled substance or adulterant. 1606
(cc) No manufacturer hemp product shall be sold in packaging that 1607
contains more than one serving per container. 1608
Sec. 19. Subsection (c) of section 22-61n of the 2024 supplement to the 1609 Raised Bill No. 5150
LCO No. 886 54 of 55
general statutes is repealed and the following is substituted in lieu 1610
thereof (Effective July 1, 2024): 1611
(c) Hemp or hemp products purchased by a producer, cultivator, 1612
micro-cultivator, [or] product manufacturer or food and beverage 1613
manufacturer from a third party shall be tracked as a separate batch 1614
throughout the manufacturing process in order to document the 1615
disposition of such hemp or hemp products. Once hemp or hemp 1616
products are received by a producer, cultivator, micro-cultivator, [or] 1617
product manufacturer or food and beverage manufacturer, such hemp 1618
or hemp products shall be deemed cannabis and shall comply with the 1619
requirements for cannabis contained in the applicable provisions of the 1620
general statutes and any regulations adopted pursuant to such 1621
provisions. A producer, cultivator, micro-cultivator, [and] product 1622
manufacturer or food and beverage manufacturer shall retain a copy of 1623
the certificate of analysis for purchased hemp or hemp products and 1624
invoice and transport documents that evidence the quantity purchased 1625
and date received. 1626
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2024 21a-240(63)
Sec. 2 July 1, 2024 21a-420
Sec. 3 July 1, 2024 New section
Sec. 4 July 1, 2024 New section
Sec. 5 July 1, 2024 21a-420d(i) to (k)
Sec. 6 July 1, 2024 21a-420e(c)
Sec. 7 July 1, 2024 21a-420g(b)
Sec. 8 July 1, 2024 21a-420m(b)
Sec. 9 July 1, 2024 21a-420o
Sec. 10 July 1, 2024 21a-420p
Sec. 11 July 1, 2024 21a-420s(d) and (e)
Sec. 12 July 1, 2024 21a-420u(b)
Sec. 13 July 1, 2024 21a-420v
Sec. 14 July 1, 2024 21a-420y
Sec. 15 July 1, 2024 21a-421j(b)
Sec. 16 July 1, 2024 21a-421r Raised Bill No. 5150
LCO No. 886 55 of 55
Sec. 17 July 1, 2024 21a-421bb(b)
Sec. 18 July 1, 2024 22-61m
Sec. 19 July 1, 2024 22-61n(c)
Statement of Purpose:
To: (1) Redefine "high-THC hemp product" and "disproportionately
impacted area"; (2) enable certain social equity applicants to engage in
additional cultivation activities and apply for additional licenses; (3)
modify certain common ownership requirements concerning equity
joint ventures; (4) enable product packagers to expand their authorized
activities; (5) limit the licensing period for certain provisional cultivator
licenses; (6) modify requirements concerning the location of cultivation
facilities; (7) authorize micro-cultivators to sell cannabis seedlings; (8)
authorize hybrid retailers to provide access to pharmacists through
telehealth; (9) establish additional requirements concerning dispensary
facility and hybrid retailer relocations; (10) alter certain requirements
applicable to packaging containing (A) multiple servings of cannabis, or
(B) manufacturer hemp products; (11) provide that no cannabis
establishment shall engage in certain advertising; and (12) make various
minor, technical and conforming changes to statutes concerning
cannabis and hemp regulation.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]