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General Assembly Substitute Bill No. 5150
February Session, 2024
AN ACT CONCERNING CANNABIS AND HEMP REGULATION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (a) of section 21a-8a of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective July 1, 2
2024): 3
(a) There is established an account to be known as the "consumer 4
protection enforcement account". The account may contain any moneys 5
required by law to be deposited in the account. Any balance remaining 6
in the account at the end of any fiscal year shall be carried forward in 7
the account for the fiscal year next succeeding. The account shall be used 8
by the Department of Consumer Protection to (1) fund positions and 9
other related expenses for the enforcement of Department of Consumer 10
Protection licensing and registration laws, and (2) protect public health 11
and safety, educate consumers and licensees and ensure compliance 12
with cannabis and liquor control laws, as set forth in sections 10 and 31 13
of this act. 14
Sec. 2. Section 21a-240 of the 2024 supplement to the general statutes 15
is repealed and the following is substituted in lieu thereof (Effective July 16
1, 2024): 17
The following words and phrases, as used in this chapter, shall have 18 Substitute Bill No. 5150
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the following meanings, unless the context otherwise requires: 19
(1) "Abuse of drugs" means the use of controlled substances solely for 20
their stimulant, depressant or hallucinogenic effect upon the higher 21
functions of the central nervous system and not as a therapeutic agent 22
prescribed in the course of medical treatment or in a program of 23
research operated under the direction of a physician or pharmacologist. 24
(2) "Administer" means the direct application of a controlled 25
substance, whether by injection, inhalation, ingestion or any other 26
means, to the body of a patient or research subject by: (A) A practitioner, 27
or, in the practitioner's presence, by the practitioner's authorized agent; 28
[, or] (B) the patient or research subject at the direction and in the 29
presence of the practitioner; [,] or (C) a nurse or intern under the 30
direction and supervision of a practitioner. 31
(3) "Agent" means an authorized person who acts on behalf of or at 32
the direction of a manufacturer, distributor, dispenser or prescribing 33
practitioner, but does not include a common or contract carrier, public 34
warehouseman [,] or employee of the carrier or warehouseman. 35
(4) "Amphetamine-type substances" include amphetamine, optical 36
isomers thereof, salts of amphetamine and its isomers, and chemical 37
compounds which are similar thereto in chemical structure or which are 38
similar thereto in physiological effect, and which show a like potential 39
for abuse, which are controlled substances under this chapter unless 40
modified. 41
(5) "Barbiturate-type drugs" include barbituric acid and its salts, 42
derivatives thereof and chemical compounds which are similar thereto 43
in chemical structure or which are similar thereto in physiological effect, 44
and which show a like potential for abuse, which are controlled 45
substances under this chapter unless modified. 46
(6) "Bureau" means the Bureau of Narcotics and Dangerous Drugs, 47
United States Department of Justice, or its successor agency. 48 Substitute Bill No. 5150
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(7) "Cannabis-type substances" include all parts of any plant, or 49
species of the genus cannabis or any infra specific taxon thereof whether 50
growing or not; the seeds thereof; the resin extracted from any part of 51
such a plant; and every compound, manufacture, salt, derivative, 52
mixture or preparation of such plant, its seeds or resin; but shall not 53
include the mature stalks of such plant, fiber produced from such stalks, 54
oil or cake made from the seeds of such plant, any other compound, 55
manufacture, salt, derivative, mixture or preparation of such mature 56
stalks, except the resin extracted therefrom, fiber, oil or cake, the 57
sterilized seed of such plant which is incapable of germination, or hemp, 58
as defined in 7 USC 1639o, as amended from time to time. Included are 59
cannabinon, cannabinol, cannabidiol and chemical compounds which 60
are similar to cannabinon, cannabinol or cannabidiol in chemical 61
structure or which are similar thereto in physiological effect, and which 62
show a like potential for abuse, which are controlled substances under 63
this chapter unless derived from hemp, as defined in section 22-61l. 64
(8) "Controlled drugs" are those drugs which contain any quantity of 65
a substance which has been designated as subject to the federal 66
Controlled Substances Act, or which has been designated as a 67
depressant or stimulant drug pursuant to federal food and drug laws, 68
or which has been designated by the Commissioner of Consumer 69
Protection pursuant to section 21a-243, as having a stimulant, 70
depressant or hallucinogenic effect upon the higher functions of the 71
central nervous system and as having a tendency to promote abuse or 72
psychological or physiological dependence, or both. Such controlled 73
drugs are classifiable as amphetamine-type, barbiturate-type, cannabis-74
type, cocaine-type, hallucinogenic, morphine-type and other stimulant 75
and depressant drugs. Specifically excluded from controlled drugs and 76
controlled substances are alcohol, nicotine and caffeine. 77
(9) "Controlled substance" means a drug, substance [,] or immediate 78
precursor in schedules I to V, inclusive, of the Connecticut controlled 79
substance scheduling regulations adopted pursuant to section 21a-243. 80
(10) "Counterfeit substance" means a controlled substance which, or 81 Substitute Bill No. 5150
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the container or labeling of which, without authorization, bears the 82
trademark, trade name or other identifying mark, imprint, number or 83
device, or any likeness thereof, of a manufacturer, distributor or 84
dispenser other than the person who in fact manufactured, distributed 85
or dispensed the substance. 86
(11) "Deliver or delivery" means the actual, constructive or attempted 87
transfer from one person to another of a controlled substance, whether 88
or not there is an agency relationship. 89
(12) "Dentist" means a person authorized by law to practice dentistry 90
in this state. 91
(13) "Dispense" means to deliver a controlled substance to an ultimate 92
user or research subject by or pursuant to the lawful order of a 93
practitioner, including the prescribing, administering, packaging, 94
labeling or compounding necessary to prepare the substance for the 95
delivery. 96
(14) "Dispenser" means a practitioner who dispenses. 97
(15) "Distribute" means to deliver other than by administering or 98
dispensing a controlled substance. 99
(16) "Distributor" means a person who distributes and includes a 100
wholesaler who is a person supplying or distributing controlled drugs 101
which the person personally has not produced or prepared to hospitals, 102
clinics, practitioners, pharmacies, other wholesalers, manufacturers and 103
federal, state and municipal agencies. 104
(17) "Drug" means: (A) [substances] Substances recognized as drugs 105
in the official United States Pharmacopoeia, official Homeopathic 106
Pharmacopoeia of the United States, or official National Formulary, or 107
any supplement to any of them; (B) substances intended for use in the 108
diagnosis, cure, mitigation, treatment or prevention of disease in man 109
or animals; (C) substances, other than food, intended to affect the 110
structure or any function of the body of man or animals; and (D) 111 Substitute Bill No. 5150
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substances intended for use as a component of any article specified in 112
subparagraph (A), (B) or (C) of this subdivision. [It] "Drug" does not 113
include devices or their components, parts or accessories. 114
(18) "Drug dependence" means a psychoactive substance dependence 115
on drugs as that condition is defined in the most recent edition of the 116
"Diagnostic and Statistical Manual of Mental Disorders" of the American 117
Psychiatric Association. 118
(19) "Drug-dependent person" means a person who has a 119
psychoactive substance dependence on drugs as that condition is 120
defined in the most recent edition of the "Diagnostic and Statistical 121
Manual of Mental Disorders" of the American Psychiatric Association. 122
(20) (A) "Drug paraphernalia" means equipment, products and 123
materials of any kind that are used, intended for use or designed for use 124
in planting, propagating, cultivating, growing, harvesting, 125
manufacturing, compounding, converting, producing, processing, 126
preparing, testing, analyzing, packaging, repackaging, storing, 127
containing or concealing, or ingesting, inhaling or otherwise 128
introducing into the human body, any controlled substance contrary to 129
the provisions of this chapter, including, but not limited to: (i) Kits 130
intended for use or designed for use in planting, propagating, 131
cultivating, growing or harvesting of any species of plant that is a 132
controlled substance or from which a controlled substance can be 133
derived; (ii) kits used, intended for use or designed for use in 134
manufacturing, compounding, converting, producing, processing or 135
preparing controlled substances; (iii) isomerization devices used or 136
intended for use in increasing the potency of any species of plant that is 137
a controlled substance; (iv) testing equipment used, intended for use or 138
designed for use in identifying or analyzing the strength, effectiveness 139
or purity of controlled substances; (v) dilutents and adulterants, 140
including, but not limited to, quinine hydrochloride, mannitol, mannite, 141
dextrose and lactose used, intended for use or designed for use in 142
cutting controlled substances; (vi) separation gins and sifters used, 143
intended for use or designed for use in removing twigs and seeds from, 144 Substitute Bill No. 5150
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or in otherwise cleaning or refining, marijuana; (vii) capsules and other 145
containers used, intended for use or designed for use in packaging small 146
quantities of controlled substances; (viii) containers and other objects 147
used, intended for use or designed for use in storing or concealing 148
controlled substances; and (ix) objects used, intended for use or 149
designed for use in ingesting, inhaling, or otherwise introducing 150
marijuana, cocaine, hashish [,] or hashish oil into the human body, 151
including, but not limited to, wooden, acrylic, glass, stone, plastic or 152
ceramic pipes with screens, permanent screens, hashish heads or 153
punctured metal bowls; water pipes; carburetion tubes and devices; 154
smoking and carburetion masks; roach clips; miniature cocaine spoons 155
and cocaine vials; chamber pipes; carburetor pipes; electric pipes; air-156
driven pipes; chillums; bongs; ice pipes and chillers. "Drug 157
paraphernalia" does not include a product used by a manufacturer 158
licensed pursuant to this chapter for the activities permitted under the 159
license or by an individual to test any substance prior to injection, 160
inhalation or ingestion of the substance to prevent accidental overdose 161
by injection, inhalation or ingestion of the substance, provided the 162
licensed manufacturer or individual is not using the product to engage 163
in the unlicensed manufacturing or distribution of controlled 164
substances. As used in this subdivision, "roach clip" means an object 165
used to hold burning material, including, but not limited to, a marijuana 166
cigarette, that has become too small or too short to be held between the 167
fingers. 168
(B) "Factory" means any place used for the manufacturing, mixing, 169
compounding, refining, processing, packaging, distributing, storing, 170
keeping, holding, administering or assembling illegal substances 171
contrary to the provisions of this chapter, or any building, rooms or 172
location which contains equipment or paraphernalia used for this 173
purpose. 174
(21) "Federal Controlled Substances Act, 21 USC 801 et seq." means 175
Public Law 91-513, the Comprehensive Drug Abuse Prevention and 176
Control Act of 1970. 177 Substitute Bill No. 5150
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(22) "Federal food and drug laws" means the federal Food, Drug and 178
Cosmetic Act, as amended, Title 21 USC 301 et seq. 179
(23) "Hallucinogenic substances" are psychodysleptic substances, 180
other than cannabis-type substances, which assert a confusional or 181
disorganizing effect upon mental processes or behavior and mimic 182
acute psychotic disturbances. Exemplary of such drugs are mescaline, 183
peyote, psilocyn and d-lysergic acid diethylamide, which are controlled 184
substances under this chapter unless modified. 185
(24) "Hospital", as used in sections 21a-243 to 21a-283, inclusive, 186
means an institution for the care and treatment of the sick and injured, 187
approved by the Department of Public Health or the Department of 188
Mental Health and Addiction Services as proper to be entrusted with 189
the custody of controlled drugs and substances and professional use of 190
controlled drugs and substances under the direction of a licensed 191
practitioner. 192
(25) "Intern" means a person who holds a degree of doctor of 193
medicine or doctor of dental surgery or medicine and whose period of 194
service has been recorded with the Department of Public Health and 195
who has been accepted and is participating in training by a hospital or 196
institution in this state. Doctors meeting the foregoing requirements and 197
commonly designated as "residents" and "fellows" shall be regarded as 198
interns for purposes of this chapter. 199
(26) "Immediate precursor" means a substance which the 200
Commissioner of Consumer Protection has found to be, and by 201
regulation designates as being, the principal compound commonly used 202
or produced primarily for use, and which is an immediate chemical 203
intermediary used or likely to be used, in the manufacture of a 204
controlled substance, the control of which is necessary to prevent, curtail 205
or limit manufacture. 206
(27) "Laboratory" means a laboratory approved by the Department of 207
Consumer Protection as proper to be entrusted with the custody of 208 Substitute Bill No. 5150
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controlled substances and the use of controlled substances for scientific 209
and medical purposes and for purposes of instruction, research or 210
analysis. 211
(28) "Manufacture" means the production, preparation, cultivation, 212
growing, propagation, compounding, conversion or processing of a 213
controlled substance, either directly or indirectly by extraction from 214
substances of natural origin, or independently by means of chemical 215
synthesis, or by a combination of extraction and chemical synthesis, and 216
includes any packaging or repackaging of the substance or labeling or 217
relabeling of its container, except that this term does not include the 218
preparation or compounding of a controlled substance by an individual 219
for the individual's own use or the preparation, compounding, 220
packaging or labeling of a controlled substance: (A) By a practitioner as 221
an incident to the practitioner administering or dispensing of a 222
controlled substance in the course of such practitioner's professional 223
practice; [,] or (B) by a practitioner, or by the practitioner's authorized 224
agent under such practitioner's supervision, for the purpose of, or as an 225
incident to, research, teaching or chemical analysis and not for sale. 226
(29) "Marijuana" means all parts of any plant, or species of the genus 227
cannabis or any infra specific taxon thereof, whether growing or not; the 228
seeds thereof; the resin extracted from any part of the plant; every 229
compound, manufacture, salt, derivative, mixture [,] or preparation of 230
such plant, or its [seeds or] resin; [,] any high-THC hemp product; 231
manufactured cannabinoids, synthetic cannabinoids, except as 232
provided in subparagraph (E) of this subdivision; or cannabinon, 233
cannabinol or cannabidiol and chemical compounds which are similar 234
to cannabinon, cannabinol or cannabidiol in chemical structure or which 235
are similar thereto in physiological effect, which are controlled 236
substances under this chapter, except cannabidiol derived from hemp, 237
as defined in section 22-61l, that is not a high-THC hemp product. 238
"Marijuana" does not include: (A) The mature stalks of such plant, fiber 239
produced from such stalks, oil or cake made from the seeds of such 240
plant, any other compound, manufacture, salt, derivative, mixture or 241 Substitute Bill No. 5150
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preparation of such mature stalks, except the resin extracted from such 242
mature stalks or fiber, oil or cake; (B) the sterilized seed of such plant 243
which is incapable of germination; (C) hemp, as defined in section 22-244
61l, (i) with a total THC concentration of not more than three-tenths per 245
cent on a dry-weight basis, and (ii) that is not a high-THC hemp product; 246
(D) any substance approved by the federal Food and Drug 247
Administration or successor agency as a drug and reclassified in any 248
schedule of controlled substances or unscheduled by the federal Drug 249
Enforcement Administration or successor agency which is included in 250
the same schedule designated by the federal Drug Enforcement 251
Administration or successor agency; [or] (E) synthetic cannabinoids 252
which are controlled substances that are designated by the 253
Commissioner of Consumer Protection, by whatever official, common, 254
usual, chemical or trade name designation, as controlled substances and 255
are classified in the appropriate schedule in accordance with 256
subsections (i) and (j) of section 21a-243; or (F) infused beverages, as 257
defined in section 21a-420, as amended by this act. 258
(30) "Narcotic substance" means any of the following, whether 259
produced directly or indirectly by extraction from a substance of 260
vegetable origin, or independently by means of chemical synthesis, or 261
by a combination of extraction and chemical synthesis: (A) Morphine-262
type: (i) Opium or opiate, or any salt, compound, derivative, or 263
preparation of opium or opiate which is similar to any such substance 264
in chemical structure or which is similar to any such substance in 265
physiological effect and which shows a like potential for abuse, which 266
is a controlled substance under this chapter unless modified; (ii) any 267
salt, compound, isomer, derivative, or preparation of any such 268
substance which is chemically equivalent or identical to any substance 269
referred to in clause (i) of this [subdivision] subparagraph, but not 270
including the isoquinoline alkaloids of opium; (iii) opium poppy or 271
poppy straw; or (iv) (I) fentanyl or any salt, compound, derivative or 272
preparation of fentanyl which is similar to any such substance in 273
chemical structure or which is similar to any such substance in 274
physiological effect and which shows a like potential for abuse, which 275 Substitute Bill No. 5150
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is a controlled substance under this chapter unless modified, or (II) any 276
salt, compound, isomer, derivative or preparation of any such substance 277
which is chemically equivalent or identical to any substance referred to 278
in subclause (I) of this clause; or (B) cocaine-type; coca leaves or any salt, 279
compound, derivative or preparation of coca leaves, or any salt, 280
compound, isomer, derivatives or preparation of any such substance 281
which is chemically equivalent or identical to any such substance or 282
which is similar to any such substance in physiological effect and which 283
shows a like potential for abuse, but not including decocainized coca 284
leaves or extractions of coca leaves which do not contain cocaine or 285
ecgonine. 286
(31) "Nurse" means a person performing nursing as defined in section 287
20-87a. 288
(32) "Official written order" means an order for controlled substances 289
written on a form provided by the bureau for that purpose under the 290
federal Controlled Substances Act. 291
(33) "Opiate" means any substance having an addiction-forming or 292
addiction-sustaining liability similar to morphine or being capable of 293
conversion into a drug having addiction-forming or addiction-294
sustaining liability; it does not include, unless specifically designated as 295
controlled under this chapter, the dextrorotatory isomer of 3-methoxy-296
n-methylmorthinan and its salts (dextro-methorphan) but shall include 297
its racemic and levorotatory forms. 298
(34) "Opium poppy" means the plant of the species papaver 299
somniferum l., except its seed. 300
(35) Repealed by P.A. 99-102, S. 51. 301
(36) "Other stimulant and depressant drugs" means controlled 302
substances other than amphetamine-type, barbiturate-type, cannabis-303
type, cocaine-type, hallucinogenics and morphine-type which are found 304
to exert a stimulant and depressant effect upon the higher functions of 305
the central nervous system and which are found to have a potential for 306 Substitute Bill No. 5150
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abuse and are controlled substances under this chapter. 307
(37) "Person" includes any corporation, limited liability company, 308
association or partnership, or one or more individuals, government or 309
governmental subdivisions or agency, business trust, estate, trust, or 310
any other legal entity. Words importing the plural number may include 311
the singular; words importing the masculine gender may be applied to 312
females. 313
(38) "Pharmacist" means a person authorized by law to practice 314
pharmacy pursuant to section 20-590, 20-591, 20-592 or 20-593. 315
(39) "Pharmacy" means an establishment licensed pursuant to section 316
20-594. 317
(40) "Physician" means a person authorized by law to practice 318
medicine in this state pursuant to section 20-9. 319
(41) "Podiatrist" means a person authorized by law to practice 320
podiatry in this state. 321
(42) "Poppy straw" means all parts, except the seeds, of the opium 322
poppy, after mowing. 323
(43) "Practitioner" means: (A) A physician, dentist, veterinarian, 324
podiatrist, scientific investigator or other person licensed, registered or 325
otherwise permitted to distribute, dispense, conduct research with 326
respect to or to administer a controlled substance in the course of 327
professional practice or research in this state; and (B) a pharmacy, 328
hospital or other institution licensed, registered or otherwise permitted 329
to distribute, dispense, conduct research with respect to or to administer 330
a controlled substance in the course of professional practice or research 331
in this state. 332
(44) "Prescribe" means order or designate a remedy or any 333
preparation containing controlled substances. 334 Substitute Bill No. 5150
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(45) "Prescription" means a written, oral or electronic order for any 335
controlled substance or preparation from a licensed practitioner to a 336
pharmacist for a patient. 337
(46) "Production" includes the manufacture, planting, cultivation, 338
growing or harvesting of a controlled substance. 339
(47) "Registrant" means any person licensed by this state and 340
assigned a current federal Bureau of Narcotics and Dangerous Drug 341
Registry Number as provided under the federal Controlled Substances 342
Act. 343
(48) "Registry number" means the alphabetical or numerical 344
designation of identification assigned to a person by the federal Drug 345
Enforcement Administration, or other federal agency, which is 346
commonly known as the federal registry number. 347
(49) "Restricted drugs or substances" are the following substances 348
without limitation and for all purposes: Datura stramonium; 349
hyoscyamus niger; atropa belladonna, or the alkaloids atropine; 350
hyoscyamine; belladonnine; apatropine; or any mixture of these 351
alkaloids such as daturine, or the synthetic homatropine or any salts of 352
these alkaloids, except that any drug or preparation containing any of 353
the above-mentioned substances which is permitted by federal food and 354
drug laws to be sold or dispensed without a prescription or written 355
order shall not be a controlled substance; amyl nitrite; the following 356
volatile substances to the extent that said chemical substances or 357
compounds containing said chemical substances are sold, prescribed, 358
dispensed, compounded, possessed or controlled or delivered or 359
administered to another person with the purpose that said chemical 360
substances shall be breathed, inhaled, sniffed or drunk to induce a 361
stimulant, depressant or hallucinogenic effect upon the higher functions 362
of the central nervous system: Acetone; benzene; butyl alcohol; butyl 363
nitrate and its salts, isomers, esters, ethers or their salts; cyclohexanone; 364
dichlorodifluoromethane; ether; ethyl acetate; formaldehyde; hexane; 365
isopropanol; methanol; methyl cellosolve acetate; methyl ethyl ketone; 366 Substitute Bill No. 5150
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methyl isobutyl ketone; nitrous oxide; pentochlorophenol; toluene; 367
toluol; trichloroethane; trichloroethylene; 1,4 butanediol. 368
(50) "Sale" is any form of delivery which includes barter, exchange or 369
gift, or offer therefor, and each such transaction made by any person 370
whether as principal, proprietor, agent, servant or employee. 371
(51) "State", when applied to a part of the United States, includes any 372
state, district, commonwealth, territory or insular possession thereof, 373
and any area subject to the legal authority of the United States of 374
America. 375
(52) "State food, drug and cosmetic laws" means the Uniform Food, 376
Drug and Cosmetic Act, section 21a-91 et seq. 377
(53) "Ultimate user" means a person who lawfully possesses a 378
controlled substance for the person's own use or for the use of a member 379
of such person's household or for administering to an animal owned by 380
such person or by a member of such person's household. 381
(54) "Veterinarian" means a person authorized by law to practice 382
veterinary medicine in this state. 383
(55) "Wholesaler" means a distributor or a person who supplies 384
controlled substances that the person personally has not produced or 385
prepared to registrants. 386
(56) "Reasonable times" means the time or times any office, care-387
giving institution, pharmacy, clinic, wholesaler, manufacturer, 388
laboratory, warehouse, establishment, store or place of business, vehicle 389
or other place is open for the normal affairs or business or the practice 390
activities usually conducted by the registrant. 391
(57) "Unit dose drug distribution system" means a drug distribution 392
system used in a hospital or chronic and convalescent nursing home in 393
which drugs are supplied in individually labeled unit of use packages, 394
each patient's supply of drugs is exchanged between the hospital 395 Substitute Bill No. 5150
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pharmacy and the drug administration area or, in the case of a chronic 396
and convalescent nursing home between a pharmacy and the drug 397
administration area, at least once each twenty-four hours and each 398
patient's medication supply for this period is stored within a patient-399
specific container, all of which is conducted under the direction of a 400
pharmacist licensed in Connecticut and, in the case of a hospital, directly 401
involved in the provision and supervision of pharmaceutical services at 402
such hospital at least thirty-five hours each week. 403
(58) "Cocaine in a free-base form" means any substance which 404
contains cocaine, or any compound, isomer, derivative or preparation 405
thereof, in a nonsalt form. 406
(59) "THC" means tetrahydrocannabinol, including, but not limited 407
to, delta-7, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol 408
and delta-10-tetrahydrocannabinol, and any material, compound, 409
mixture or preparation which contain their salts, isomers and salts of 410
isomers, whenever the existence of such salts, isomers and salts of 411
isomers is possible within the specific chemical designation, regardless 412
of the source, except: (A) Dronabinol substituted in sesame oil and 413
encapsulated in a soft gelatin capsule in a federal Food and Drug 414
Administration or successor agency approved product; [,] or (B) any 415
tetrahydrocannabinol product that has been approved by the federal 416
Food and Drug Administration or successor agency to have a medical 417
use and reclassified in any schedule of controlled substances or 418
unscheduled by the federal Drug Enforcement Administration or 419
successor agency. 420
(60) "Total THC" means the sum of the percentage by weight of 421
tetrahydrocannabinolic acid, multiplied by eight hundred seventy-422
seven-thousandths, plus the percentage of weight of THC. 423
(61) "Manufactured cannabinoid" means cannabinoids naturally 424
occurring from a source other than marijuana that are similar in 425
chemical structure or physiological effect to cannabinoids derived from 426
marijuana, as defined in section 21a-243, but are derived by a chemical 427 Substitute Bill No. 5150
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or biological process. 428
(62) "Synthetic cannabinoid" means any material, compound, mixture 429
or preparation which contains any quantity of a substance having a 430
psychotropic response primarily by agonist activity at cannabinoid-431
specific receptors affecting the central nervous system that is produced 432
artificially and not derived from an organic source naturally containing 433
cannabinoids, unless listed in another schedule pursuant to section 21a-434
243. 435
(63) "High-THC hemp product" (A) means a manufacturer hemp 436
product, as defined in section 22-61l, that has, or is advertised, labeled 437
or offered for sale as having, total THC that exceeds [(A) for a hemp 438
edible, hemp topical or hemp transdermal patch (i) one milligram on a 439
per-serving basis, or (ii) five milligrams on a per-container basis, (B) for 440
a hemp tincture, including, but not limited to, oil intended for ingestion 441
by swallowing, buccal administration or sublingual absorption (i) one 442
milligram on a per-serving basis, or (ii) twenty-five milligrams on a per-443
container basis, (C) for a hemp concentrate or extract, including, but not 444
limited to, a vape oil, wax or shatter, twenty-five milligrams on a per-445
container basis, or (D) for a manufacturer hemp product not described 446
in subparagraph (A), (B) or (C) of this subdivision, (i) one milligram on 447
a per-serving basis, (ii) five milligrams on a per-container basis, or (iii)] 448
(i) two and one-half milligrams on a per-container basis for any 449
manufacturer hemp product, or (ii) three-tenths per cent on a dry-450
weight basis for cannabis flower or cannabis trim, and (B) does not 451
include an infused beverage, as defined in section 21a-420, as amended 452
by this act. 453
Sec. 3. Section 21a-408 of the 2024 supplement to the general statutes 454
is repealed and the following is substituted in lieu thereof (Effective July 455
1, 2024): 456
As used in this section, sections 21a-408a to 21a-408o, inclusive, [and] 457
sections 21a-408r to 21a-408v, inclusive, and section 4 of this act, unless 458
the context otherwise requires: 459 Substitute Bill No. 5150
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(1) "Advanced practice registered nurse" means an advanced practice 460
registered nurse licensed pursuant to chapter 378; 461
(2) "Cannabis establishment" has the same meaning as provided in 462
section 21a-420, as amended by this act; 463
(3) "Cannabis testing laboratory" means a person who (A) is located 464
in this state, (B) is licensed by the department to analyze marijuana, and 465
(C) meets the licensure requirements established in section 21a-408r and 466
the regulations adopted pursuant to subsection (d) of section 21a-408r; 467
(4) "Cannabis testing laboratory employee" means a person who is 468
(A) employed at a cannabis testing laboratory, and (B) registered 469
pursuant to section 21a-408r and the regulations adopted pursuant to 470
subsection (d) of section 21a-408r; 471
(5) "Caregiver" means a person, other than the qualifying patient and 472
the qualifying patient's physician, physician assistant or advanced 473
practice registered nurse, who is eighteen years of age or older and has 474
agreed to undertake responsibility for managing the well-being of the 475
qualifying patient with respect to the palliative use of marijuana, 476
provided (A) in the case of a qualifying patient (i) under eighteen years 477
of age and not an emancipated minor, or (ii) otherwise lacking legal 478
capacity, such person shall be a parent, guardian or person having legal 479
custody of such qualifying patient, and (B) in the case of a qualifying 480
patient eighteen years of age or older or an emancipated minor, the need 481
for such person shall be evaluated by the qualifying patient's physician, 482
physician assistant or advanced practice registered nurse and such need 483
shall be documented in the written certification; 484
(6) "Cultivation" includes planting, propagating, cultivating, growing 485
and harvesting; 486
(7) "Debilitating medical condition" means (A) cancer, glaucoma, 487
positive status for human immunodeficiency virus or acquired immune 488
deficiency syndrome, Parkinson's disease, multiple sclerosis, damage to 489
the nervous tissue of the spinal cord with objective neurological 490 Substitute Bill No. 5150
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indication of intractable spasticity, epilepsy or uncontrolled intractable 491
seizure disorder, cachexia, wasting syndrome, Crohn's disease, 492
posttraumatic stress disorder, irreversible spinal cord injury with 493
objective neurological indication of intractable spasticity, cerebral palsy, 494
cystic fibrosis or terminal illness requiring end-of-life care, except, if the 495
qualifying patient is under eighteen years of age, "debilitating medical 496
condition" means terminal illness requiring end-of-life care, irreversible 497
spinal cord injury with objective neurological indication of intractable 498
spasticity, cerebral palsy, cystic fibrosis, severe epilepsy or uncontrolled 499
intractable seizure disorder, or (B) any medical condition, medical 500
treatment or disease approved for qualifying patients by the 501
Department of Consumer Protection and posted online pursuant to 502
section 21a-408l; 503
(8) "Dispensary facility" means a place of business where marijuana 504
may be dispensed, sold or distributed in accordance with this chapter 505
and any regulations adopted thereunder to qualifying patients and 506
caregivers and for which the department has issued a dispensary facility 507
license pursuant to this chapter; 508
(9) "Employee" has the same meaning as provided in section 21a-420, 509
as amended by this act; 510
(10) "Institutional animal care and use committee" means a committee 511
that oversees an organization's animal program, facilities and 512
procedures to ensure compliance with federal policies, guidelines and 513
principles related to the care and use of animals in research; 514
(11) "Institutional review board" means a specifically constituted 515
review body established or designated by an organization to protect the 516
rights and welfare of persons recruited to participate in biomedical, 517
behavioral or social science research; 518
(12) "Licensed dispensary" or "dispensary" means an individual who 519
is a licensed pharmacist employed by a dispensary facility or hybrid 520
retailer; 521 Substitute Bill No. 5150
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(13) "Marijuana" [means marijuana, as defined] has the same meaning 522
as provided in section 21a-240, as amended by this act; 523
(14) "Nurse" means a person who is licensed as a nurse under chapter 524
378; 525
(15) "Palliative use" means the acquisition, distribution, transfer, 526
possession, use or transportation of marijuana or paraphernalia relating 527
to marijuana, including the transfer of marijuana and paraphernalia 528
relating to marijuana from the patient's caregiver to the qualifying 529
patient, to alleviate a qualifying patient's symptoms of a debilitating 530
medical condition or the effects of such symptoms, but does not include 531
any such use of marijuana by any person other than the qualifying 532
patient; 533
(16) "Paraphernalia" means drug paraphernalia, as defined in section 534
21a-240, as amended by this act; 535
(17) "Physician" means a person who is licensed as a physician under 536
chapter 370; 537
(18) "Physician assistant" means a person who is licensed as a 538
physician assistant under chapter 370; 539
(19) "Producer" means a person who is licensed as a producer 540
pursuant to section 21a-408i; 541
(20) "Qualifying patient" means a person who [:] (A) [Is] is a resident 542
of Connecticut, (B) has been diagnosed by a physician, physician 543
assistant or advanced practice registered nurse as having a debilitating 544
medical condition, and (C) (i) is eighteen years of age or older, (ii) is an 545
emancipated minor, or (iii) has written consent from a custodial parent, 546
guardian or other person having legal custody of such person that 547
indicates that such person has permission from such parent, guardian 548
or other person for the palliative use of marijuana for a debilitating 549
medical condition and that such parent, guardian or other person will 550
(I) serve as a caregiver for the qualifying patient, and (II) control the 551 Substitute Bill No. 5150
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acquisition and possession of marijuana and any related paraphernalia 552
for palliative use on behalf of such person. "Qualifying patient" does not 553
include an inmate confined in a correctional institution or facility under 554
the supervision of the Department of Correction; 555
(21) "Research program" means a study approved by the Department 556
of Consumer Protection in accordance with this chapter and undertaken 557
to increase information or knowledge regarding the growth or 558
processing of marijuana, or the medical attributes, dosage forms, 559
administration or use of marijuana to treat or alleviate symptoms of any 560
medical conditions or the effects of such symptoms; 561
(22) "Research program employee" means a person who (A) is 562
registered as a research program employee under section 21a-408t, or 563
(B) holds a temporary certificate of registration issued pursuant to 564
section 21a-408t; 565
(23) "Research program subject" means a person registered as a 566
research program subject pursuant to section 21a-408v; 567
(24) "Usable marijuana" means the dried leaves and flowers of the 568
marijuana plant, and any mixtures or preparations of such leaves and 569
flowers, that are appropriate for the palliative use of marijuana, but does 570
not include the seeds, stalks and roots of the marijuana plant; and 571
(25) "Written certification" means a written certification issued by a 572
physician, physician assistant or advanced practice registered nurse 573
pursuant to section 21a-408c. 574
Sec. 4. (NEW) (Effective July 1, 2024) (a) Each cannabis establishment 575
shall submit marijuana samples to a cannabis testing laboratory for 576
testing as set forth in subsection (b) of this section. 577
(b) (1) A cannabis testing laboratory shall test each marijuana sample 578
submitted pursuant to subsection (a) of this section (A) for 579
microbiological contaminants, mycotoxins, heavy metals and pesticide 580
chemical residue, and (B) for purposes of conducting an active 581 Substitute Bill No. 5150
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ingredient analysis, if applicable. 582
(2) Microbiological contaminant testing conducted pursuant to 583
subparagraph (A) of subdivision (1) of this subsection shall include, but 584
not be limited to, microbiological contaminant testing for Aspergillus 585
species as set forth by the Department of Consumer Protection and 586
posted on the department's Internet web site. 587
(c) When conducting microbiological testing as set forth in subsection 588
(b) of this section, the marijuana sample shall be tested by using (1) a 589
molecular method which (A) includes quantitative polymerase chain 590
reaction, (B) is certified for identifying microbiological DNA, and (C) is 591
approved by (i) the Association of Official Analytical Collaboration 592
International, or (ii) a comparable national research and standard 593
making agency designated by the Commissioner of Consumer 594
Protection, or (2) an alternative testing method approved by the 595
Department of Consumer Protection and posted on the department's 596
Internet web site. 597
(d) If a marijuana sample does not pass the testing set forth in 598
subsection (b) of this section, the cannabis establishment that submitted 599
such failing marijuana sample to the cannabis testing laboratory shall: 600
(1) Repeat testing as set forth in subsections (a) and (b) of this section 601
on the marijuana batch from which such marijuana sample was taken, 602
in a form and manner approved by the Department of Consumer 603
Protection. If all repeated testing yields satisfactory results, the 604
marijuana batch from which the marijuana samples were taken shall be 605
released for sale; 606
(2) If such cannabis establishment submits to the Commissioner of 607
Consumer Protection a remediation plan that is sufficient to ensure 608
public health and safety, and the commissioner approves such 609
remediation plan, remediate the marijuana batch from which such 610
marijuana sample was taken and repeat all testing as set forth in 611
subsections (a) and (b) of this section on such remediated marijuana 612 Substitute Bill No. 5150
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batch, in a form and manner approved by the Department of Consumer 613
Protection. If all repeated testing yields satisfactory results, the 614
marijuana batch from which the marijuana samples were taken shall be 615
released for sale; or 616
(3) If such cannabis establishment does not comply with subdivision 617
(1) or (2) of this subsection, or if any subsequent laboratory testing does 618
not yield satisfactory results for the testing set forth in subsections (a) 619
and (b) of this section, dispose of the entire marijuana batch from which 620
the marijuana sample was taken in accordance with procedures 621
established by the Commissioner of Consumer Protection, as published 622
on the Department of Consumer Protection's Internet web site. 623
(e) For purposes of the testing set forth in subsections (a) and (b) of 624
this section, the quantity and number of marijuana samples taken shall 625
be sufficient to ensure representative sampling of the corresponding 626
marijuana batch size. The size of such corresponding marijuana batch 627
size shall not exceed the lesser of: 628
(1) Twenty-five pounds; or 629
(2) A smaller marijuana batch size, provided the Commissioner of 630
Consumer Protection (A) has determined that such smaller marijuana 631
batch size is necessary to protect public health and safety, and (B) posts 632
such smaller marijuana batch size on the Department of Consumer 633
Protection's Internet web site at least thirty days prior to the first date 634
on which the commissioner requires such smaller marijuana batch size. 635
Sec. 5. Section 21a-420 of the 2024 supplement to the general statutes 636
is repealed and the following is substituted in lieu thereof (Effective July 637
1, 2024): 638
As used in RERACA, unless the context otherwise requires: 639
(1) "Responsible and Equitable Regulation of Adult-Use Cannabis 640
Act" or "RERACA" means this section, sections 2-56j, 7-294kk, 7-294ll, 641
12-330ll to 12-330nn, inclusive, 14-227p, 21a-278b, 21a-278c, 21a-279c, 642 Substitute Bill No. 5150
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21a-279d, 21a-420a to 21a-420j, inclusive, 21a-420l to 21a-421r, inclusive, 643
21a-421aa to 21a-421ff, inclusive, 21a-421aaa to 21a-421hhh, inclusive, 644
21a-422 to 21a-422c, inclusive, 21a-422e to 21a-422g, inclusive, 21a-422j 645
to 21a-422s, inclusive, 22-61n, as amended by this act, 23-4b, 47a-9a, 53-646
247a, 53a-213a, 53a-213b, 54-33p, 54-56q, 54-56r, 54-125k and 54-142u, 647
sections 23, 60, 63 to 65, inclusive, 124, 144 and 165 of public act 21-1 of 648
the June special session, and the amendments in public act 21-1 of the 649
June special session to sections 7-148, 10-221, 12-30a, 12-35b, 12-412, 12-650
650, 12-704d, 14-44k, 14-111e, 14-227a to 14-227c, inclusive, 14-227j, 15-651
140q, 15-140r, 18-100h, 19a-342, 19a-342a, 21a-267, 21a-277, 21a-279, 21a-652
279a, 21a-408 to 21a-408f, inclusive, as amended by this act, 21a-408h to 653
21a-408p, inclusive, 21a-408r to 21a-408v, inclusive, 30-89a, 31-40q, 32-654
39, 46b-120, 51-164n, 53-394, 53a-39c, 54-1m, 54-33g, 54-41b, 54-56e, 54-655
56g, 54-56i, 54-56k, 54-56n, 54-63d, 54-66a and 54-142e, [and] section 20 656
of public act 23-79, section 4 of this act and sections 6 to 10, inclusive, of 657
this act; 658
(2) "Backer" means any individual with a direct or indirect financial 659
interest in a cannabis establishment. "Backer" does not include an 660
individual with an investment interest in a cannabis establishment if (A) 661
the interest held by such individual and such individual's spouse, 662
parent or child, in the aggregate, does not exceed five per cent of the 663
total ownership or interest rights in such cannabis establishment, and 664
(B) such individual does not participate directly or indirectly in the 665
control, management or operation of the cannabis establishment; 666
(3) "Cannabis" means marijuana, as defined in section 21a-240, as 667
amended by this act; 668
(4) "Cannabis establishment" means a producer, dispensary facility, 669
cultivator, micro-cultivator, retailer, hybrid retailer, food and beverage 670
manufacturer, product manufacturer, product packager, delivery 671
service or transporter; 672
(5) "Cannabis flower" means the flower, including abnormal and 673
immature flowers, of a plant of the genus cannabis that has been 674 Substitute Bill No. 5150
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harvested, dried, cured, chopped or ground, and prior to any processing 675
whereby the flower material is transformed into a cannabis product. 676
"Cannabis flower" does not include (A) the leaves or stem of such plant, 677
or (B) hemp, as defined in section 22-61l; 678
(6) "Cannabis testing laboratory" means a laboratory that (A) is 679
located in this state, (B) is licensed by the department to analyze 680
cannabis, and (C) meets the licensure requirements established in 681
section 21a-408r and the regulations adopted pursuant to subsection (d) 682
of section 21a-408r; 683
(7) "Cannabis testing laboratory employee" means an individual who 684
is (A) employed at a cannabis testing laboratory, and (B) registered 685
pursuant to section 21a-408r and the regulations adopted pursuant to 686
subsection (d) of section 21a-408r; 687
(8) "Cannabis trim" means all parts, including abnormal or immature 688
parts, of a plant of the genus cannabis, other than cannabis flower, that 689
have been harvested, dried and cured, and prior to any processing, 690
excluding chopping or grinding, whereby the plant material is 691
transformed into a cannabis product. "Cannabis trim" does not include 692
hemp, as defined in section 22-61l; 693
(9) "Cannabis product" means cannabis, intended for use or 694
consumption, that is in the form of (A) a cannabis concentrate, or (B) a 695
product that contains cannabis and at least one other cannabis or 696
noncannabis ingredient or component, excluding cannabis flower; 697
(10) "Cannabis concentrate" means any form of concentration, 698
including, but not limited to, extracts, oils, tinctures, shatter and waxes, 699
that is extracted from cannabis; 700
(11) "Cannabis-type substances" have the same meaning as 701
"marijuana", as defined in section 21a-240, as amended by this act; 702
(12) "Commissioner" means the Commissioner of Consumer 703
Protection and includes any designee of the commissioner; 704 Substitute Bill No. 5150
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(13) "Consumer" means an individual who is twenty-one years of age 705
or older; 706
(14) "Control" means the power to direct, or cause the direction of, the 707
management and policies of a cannabis establishment, regardless of 708
whether such power is possessed directly or indirectly; 709
(15) "Cultivation" has the same meaning as provided in section 21a-710
408, as amended by this act; 711
(16) "Cultivation lot" means one or more lots, as defined in section 22-712
61l, associated with a hemp producer's license issued pursuant to 713
section 22-61l; 714
[(16)] (17) "Cultivator" means a person that is licensed to engage in 715
the cultivation, growing and propagation of the cannabis plant at an 716
establishment with not less than fifteen thousand square feet of grow 717
space; 718
[(17)] (18) "Delivery service" means a person that is licensed to deliver 719
cannabis from (A) micro-cultivators, retailers and hybrid retailers to 720
consumers and research program subjects, and (B) hybrid retailers and 721
dispensary facilities to qualifying patients, caregivers and research 722
program subjects, as defined in section 21a-408, as amended by this act, 723
or to hospices or other inpatient care facilities licensed by the 724
Department of Public Health pursuant to chapter 368v that have a 725
protocol for the handling and distribution of cannabis that has been 726
approved by the department, or a combination thereof; 727
[(18)] (19) "Department" means the Department of Consumer 728
Protection; 729
[(19)] (20) "Dispensary facility" means a place of business where 730
cannabis may be dispensed, sold or distributed in accordance with 731
chapter 420f and any regulations adopted pursuant to said chapter, to 732
qualifying patients and caregivers, and to which the department has 733
issued a dispensary facility license pursuant to chapter 420f and any 734 Substitute Bill No. 5150
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regulations adopted pursuant to said chapter; 735
[(20)] (21) "Disproportionately impacted area" means (A) for the 736
period beginning July 1, 2021, and ending July 31, 2023, a United States 737
census tract in the state that has, as determined by the Social Equity 738
Council under subdivision (1) of subsection (i) of section 21a-420d, as 739
amended by this act, (i) a historical conviction rate for drug-related 740
offenses greater than one-tenth, or (ii) an unemployment rate greater 741
than ten per cent, [and] (B) [on and after] for the period beginning 742
August 1, 2023, and ending June 30, 2024, a United States census tract in 743
this state that has been identified by the Social Equity Council pursuant 744
to subdivision (2) of subsection (i) of section 21a-420d, as amended by 745
this act, (C) for the period beginning July 1, 2024, and ending December 746
31, 2024, (i) a United States census tract in this state that has been 747
identified by the Social Equity Council pursuant to subdivision (2) of 748
subsection (i) of section 21a-420d, as amended by this act, and (ii) a 749
reservation, as defined in section 47-63, as set forth in subdivision (3) of 750
subsection (i) of section 21a-420d, as amended by this act, and (D) on 751
and after January 1, 2025, (i) a United States census tract in this state that 752
has been identified by the Social Equity Council pursuant to subdivision 753
(2) of subsection (i) of section 21a-420d, as amended by this act, (ii) a 754
reservation, as defined in section 47-63, as set forth in subdivision (3) of 755
subsection (i) of section 21a-420d, as amended by this act, and (iii) a 756
parcel of land described in subdivision (4) of subsection (i) of section 757
21a-420d, as amended by this act; 758
[(21)] (22) "Disqualifying conviction" means a conviction within the 759
last ten years which has not been the subject of an absolute pardon 760
under the provisions of section 54-130a, or an equivalent pardon process 761
under the laws of another state or the federal government, for an offense 762
under (A) section 53a-276, 53a-277 or 53a-278, [;] (B) section 53a-291, 53a-763
292 or 53a-293, [;] (C) section 53a-215, [;] (D) section 53a-138 or 53a-139, 764
[;] (E) section 53a-142a, [;] (F) sections 53a-147 to 53a-162, inclusive, [;] 765
(G) sections 53a-125c to 53a-125f, inclusive, [;] (H) section 53a-129b, 53a-766
129c or 53a-129d, [;] (I) subsection (b) of section 12-737, [;] (J) section 53a-767 Substitute Bill No. 5150
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48 or 53a-49, if the offense which is attempted or is an object of the 768
conspiracy is an offense under the statutes listed in subparagraphs (A) 769
to (I), inclusive, of this subdivision, [;] or (K) the law of any other state 770
or of the federal government, if the offense on which such conviction is 771
based is defined by elements that substantially include the elements of 772
an offense under the statutes listed in subparagraphs (A) to (J), inclusive, 773
of this subdivision; 774
[(22)] (23) "Dispensary technician" means an individual who has had 775
an active pharmacy technician or dispensary technician registration in 776
this state within the past five years, is affiliated with a dispensary facility 777
or hybrid retailer and is registered with the department in accordance 778
with chapter 420f and any regulations adopted pursuant to said chapter; 779
[(23)] (24) "Edible cannabis product" means a cannabis product 780
intended for humans to eat or drink; 781
[(24)] (25) "Employee" means any person who is not a backer, but is a 782
member of the board of a company with an ownership interest in a 783
cannabis establishment, and any person employed by a cannabis 784
establishment or who otherwise has access to such establishment or the 785
vehicles used to transport cannabis, including, but not limited to, an 786
independent contractor who has routine access to the premises of such 787
establishment or to the cannabis handled by such establishment; 788
[(25)] (26) "Equity" and "equitable" means efforts, regulations, 789
policies, programs, standards, processes and any other functions of 790
government or principles of law and governance intended to [:] (A) 791
[Identify] identify and remedy past and present patterns of 792
discrimination and disparities of race, ethnicity, gender and sexual 793
orientation, [;] (B) ensure that such patterns of discrimination and 794
disparities, whether intentional or unintentional, are neither reinforced 795
nor perpetuated, [;] and (C) prevent the emergence and persistence of 796
foreseeable future patterns of discrimination or disparities of race, 797
ethnicity, gender and sexual orientation; 798 Substitute Bill No. 5150
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[(26)] (27) "Equity joint venture" means a business entity that is 799
controlled, and at least fifty per cent owned, by an individual or 800
individuals, or such applicant is an individual, who meets the criteria of 801
subparagraphs (A) and (B) of subdivision [(50)] (54) of this section; 802
[(27)] (28) "Extract" means the preparation, compounding, conversion 803
or processing of cannabis, either directly or indirectly by extraction or 804
independently by means of chemical synthesis, or by a combination of 805
extraction and chemical synthesis to produce a cannabis concentrate; 806
[(28)] (29) "Financial interest" means any right to, ownership, an 807
investment or a compensation arrangement with another person, 808
directly, through business, investment or family. "Financial interest" 809
does not include ownership of investment securities in a publicly-held 810
corporation that is traded on a national exchange or over-the-counter 811
market, provided the investment securities held by such person and 812
such person's spouse, parent or child, in the aggregate, do not exceed 813
one-half of one per cent of the total number of shares issued by the 814
corporation; 815
[(29)] (30) "Food and beverage manufacturer" means a person that is 816
licensed to own and operate a place of business that acquires cannabis 817
and creates food and beverages; 818
[(30)] (31) "Grow space" means the portion of a premises owned and 819
controlled by a producer, cultivator or micro-cultivator that is utilized 820
for the cultivation, growing or propagation of the cannabis plant, and 821
contains cannabis plants in an active stage of growth, measured starting 822
from the outermost wall of the room containing cannabis plants and 823
continuing around the outside of the room. "Grow space" does not 824
include space used to cure, process, store harvested cannabis or 825
manufacture cannabis once the cannabis has been harvested; 826
(32) "Hemp manufacturer" means manufacturer, as defined in section 827
22-61l; 828
(33) "Hemp producer" means producer, as defined in section 22-61l; 829 Substitute Bill No. 5150
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[(31)] (34) "Historical conviction count for drug-related offenses" 830
means, for a given area, the number of convictions of residents of such 831
area (A) for violations of sections 21a-267, 21a-277, 21a-278, 21a-279 and 832
21a-279a, and (B) who were arrested for such violations between 833
January 1, 1982, and December 31, 2020, inclusive, where such arrest 834
was recorded in databases maintained by the Department of Emergency 835
Services and Public Protection; 836
[(32)] (35) "Historical conviction rate for drug-related offenses" 837
means, for a given area, the historical conviction count for drug-related 838
offenses divided by the population of such area, as determined by the 839
five-year estimates of the most recent American Community Survey 840
conducted by the United States Census Bureau; 841
[(33)] (36) "Hybrid retailer" means a person that is licensed to 842
purchase cannabis and sell cannabis and medical marijuana products; 843
(37) "Infused beverage" means a beverage that (A) is not an alcoholic 844
beverage, as defined in section 30-1, (B) is intended for human 845
consumption, and (C) is advertised, labeled or offered for sale as having 846
total THC, as defined in section 21a-240, as amended by this act, that is 847
not greater than two and one-half milligrams on a per-container basis, 848
which container shall contain at least twelve fluid ounces; 849
[(34)] (38) "Key employee" means an employee with the following 850
management position or an equivalent title within a cannabis 851
establishment: (A) President or chief officer, who is the top ranking 852
individual at the cannabis establishment and is responsible for all staff 853
and overall direction of business operations; (B) financial manager, who 854
is the individual who reports to the president or chief officer and who is 855
responsible for oversight of the financial operations of the cannabis 856
establishment, which financial operations include one or more of the 857
following: (i) Revenue and expense management; (ii) distributions; (iii) 858
tax compliance; (iv) budget development; and (v) budget management 859
and implementation; or (C) compliance manager, who is the individual 860
who reports to the president or chief officer and who is generally 861 Substitute Bill No. 5150
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responsible for ensuring the cannabis establishment complies with all 862
laws, regulations and requirements related to the operation of the 863
cannabis establishment; 864
[(35)] (39) "Labor peace agreement" means an agreement between a 865
cannabis establishment and a bona fide labor organization under section 866
21a-421d pursuant to which the owners and management of the 867
cannabis establishment agree not to lock out employees and that 868
prohibits the bona fide labor organization from engaging in picketing, 869
work stoppages or boycotts against the cannabis establishment; 870
[(36)] (40) "Manufacture" means to add or incorporate cannabis into 871
other products or ingredients or create a cannabis product; 872
[(37)] (41) "Medical marijuana product" means cannabis that may be 873
exclusively sold to qualifying patients and caregivers by dispensary 874
facilities and hybrid retailers and which are designated by the 875
commissioner as reserved for sale to qualifying patients and caregivers 876
and published on the department's Internet web site; 877
[(38)] (42) "Micro-cultivator" means a person licensed to engage in the 878
cultivation, growing and propagation of the cannabis plant at an 879
establishment containing not less than two thousand square feet and not 880
more than ten thousand square feet of grow space, prior to any 881
expansion authorized by the commissioner; 882
[(39)] (43) "Municipality" means any town, city or borough, 883
consolidated town and city or consolidated town and borough; 884
[(40)] (44) "Paraphernalia" means drug paraphernalia, as defined in 885
section 21a-240, as amended by this act; 886
[(41)] (45) "Person" means an individual, partnership, limited liability 887
company, society, association, joint stock company, corporation, estate, 888
receiver, trustee, assignee, referee or any other legal entity and any other 889
person acting in a fiduciary or representative capacity, whether 890
appointed by a court or otherwise, and any combination thereof; 891 Substitute Bill No. 5150
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[(42)] (46) "Producer" means a person that is licensed as a producer 892
pursuant to section 21a-408i and any regulations adopted pursuant to 893
said section; 894
[(43)] (47) "Product manufacturer" means a person that is licensed to 895
obtain cannabis, extract and manufacture products; 896
[(44)] (48) "Product packager" means a person that is licensed to 897
package and label cannabis; 898
[(45)] (49) "Qualifying patient" has the same meaning as provided in 899
section 21a-408, as amended by this act; 900
[(46)] (50) "Research program" has the same meaning as provided in 901
section 21a-408, as amended by this act; 902
[(47)] (51) "Retailer" means a person, excluding a dispensary facility 903
and hybrid retailer, that is licensed to purchase cannabis from 904
producers, cultivators, micro-cultivators, product manufacturers and 905
food and beverage manufacturers and to sell cannabis to consumers and 906
research programs; 907
[(48)] (52) "Sale" or "sell" has the same meaning as provided in section 908
21a-240, as amended by this act; 909
[(49)] (53) "Social Equity Council" or "council" means the council 910
established under section 21a-420d, as amended by this act; 911
[(50)] (54) "Social equity applicant" means a person that has applied 912
for a license for a cannabis establishment, where such applicant is 913
controlled, and at least sixty-five per cent owned, by an individual or 914
individuals, or such applicant is an individual, who: 915
(A) Had an average household income of less than three hundred per 916
cent of the state median household income over the three tax years 917
immediately preceding such individual's application; and 918
(B) (i) Was a resident of a disproportionately impacted area for not 919 Substitute Bill No. 5150
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less than five of the ten years immediately preceding the date of such 920
application; or 921
(ii) Was a resident of a disproportionately impacted area for not less 922
than nine years prior to attaining the age of eighteen; 923
[(51)] (55) "THC" has the same meaning as provided in section 21a-924
240, as amended by this act; 925
[(52)] (56) "Third-party lottery operator" means a person, or a 926
constituent unit of the state system of higher education, that conducts 927
lotteries pursuant to section 21a-420g, as amended by this act, identifies 928
the cannabis establishment license applications for consideration 929
without performing any review of the applications that are identified 930
for consideration, and that has no direct or indirect oversight of or 931
investment in a cannabis establishment or a cannabis establishment 932
applicant; 933
[(53)] (57) "Transfer" means to transfer, change, give or otherwise 934
dispose of control over or interest in; 935
[(54)] (58) "Transport" means to physically move from one place to 936
another; 937
[(55)] (59) "Transporter" means a person licensed to transport 938
cannabis and manufacturer hemp products, as defined in section 22-61l, 939
between cannabis establishments, cannabis testing laboratories and 940
research programs; and 941
[(56)] (60) "Unemployment rate" means, in a given area, the number 942
of people sixteen years of age or older who are in the civilian labor force 943
and unemployed divided by the number of people sixteen years of age 944
or older who are in the civilian labor force. 945
Sec. 6. (NEW) (Effective July 1, 2024) (a) During the period beginning 946
July 1, 2024, and ending December 31, 2025, the department shall issue 947
a cultivator license or micro-cultivator license to a social equity 948 Substitute Bill No. 5150
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applicant: 949
(1) If prior to July 1, 2024, the social equity applicant submitted to the 950
department a completed cultivator license application pursuant to 951
subsection (a) of section 21a-420o of the general statutes, as amended by 952
this act, and: 953
(A) The Social Equity Council verified, pursuant to subdivision (1) of 954
subsection (a) of section 21a-420o of the general statutes, as amended by 955
this act, that the applicant met the criteria established for a social equity 956
applicant; or 957
(B) The department issued a provisional cultivator license, but not a 958
final cultivator license, to the social equity applicant pursuant to section 959
21a-420o of the general statutes, as amended by this act; 960
(2) If during the period beginning July 1, 2024, and ending March 31, 961
2025, the social equity applicant submits to the department, in a form 962
and manner prescribed by the commissioner: 963
(A) A completed application for a cultivator license or micro-964
cultivator license; 965
(B) A copy of an agreement, between the social equity applicant and 966
a hemp producer that has been continually licensed under section 22-967
61l of the general statutes since January 1, 2023, which provides: 968
(i) For the use of the hemp producer's cultivation lot, which may be 969
located outside of a disproportionately impacted area; and 970
(ii) That if the department issues a provisional cultivator license or a 971
provisional micro-cultivator license to the social equity applicant 972
pursuant to this section: 973
(I) Such provisional cultivator license or provisional micro-cultivator 974
license shall immediately be deemed to have automatically replaced 975
both the provisional cultivator license application the social equity 976 Substitute Bill No. 5150
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applicant submitted and any provisional cultivator license the 977
department issued to the social equity applicant pursuant to subsection 978
(a) of section 21a-420o of the general statutes, as amended by this act, 979
and such previously submitted provisional cultivator license 980
application and previously issued provisional cultivator license shall 981
immediately be deemed to have been automatically withdrawn or 982
surrendered, as applicable, as set forth in subparagraph (C)(i) of this 983
subdivision; and 984
(II) The hemp producer shall immediately be deemed to have 985
automatically surrendered such hemp producer's license under section 986
22-61l of the general statutes, as set forth in subparagraph (D) of this 987
subdivision; 988
(C) An acknowledgment by the social equity applicant that, if the 989
department issues a provisional cultivator license or provisional micro-990
cultivator license to the social equity applicant pursuant to this section: 991
(i) Such provisional cultivator license or provisional micro-cultivator 992
license shall immediately be deemed to have automatically replaced 993
both the provisional cultivator license application the social equity 994
applicant submitted and any provisional cultivator license the 995
department issued to the social equity applicant pursuant to subsection 996
(a) of section 21a-420o of the general statutes, as amended by this act, 997
and such previously submitted provisional cultivator license 998
application and previously issued cultivator license shall immediately 999
be deemed to have been automatically withdrawn or surrendered, as 1000
applicable; and 1001
(ii) The social equity applicant shall be (I) eligible to create not more 1002
than one equity joint venture after such social equity applicant receives 1003
a cultivator license under this section and commences cultivation 1004
activities under such cultivator license, as provided in subsection (e) of 1005
this section, or (II) ineligible to create an equity joint venture after such 1006
social equity applicant receives a micro-cultivator license under this 1007
section, as provided in subsection (e) of this section; 1008 Substitute Bill No. 5150
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(D) An acknowledgment by the hemp producer which is a party to 1009
the agreement described in subparagraph (B) of this subdivision that, if 1010
the department issues a provisional cultivator license or provisional 1011
micro-cultivator license to the social equity applicant pursuant to this 1012
section, the hemp producer shall immediately be deemed to have 1013
automatically surrendered such hemp producer's license under section 1014
22-61l of the general statutes; 1015
(E) Evidence that is sufficient for the department to verify that the 1016
hemp producer which is a party to the agreement described in 1017
subparagraph (B) of this subdivision has been continually licensed 1018
under section 22-61l of the general statutes since January 1, 2023; 1019
(F) A written statement by the social equity applicant disclosing 1020
whether any change occurred in the ownership or control of the social 1021
equity applicant after the Social Equity Council verified that the social 1022
equity applicant met the criteria for a social equity applicant pursuant 1023
to subdivision (1) of subsection (a) of section 21a-420o of the general 1024
statutes, as amended by this act; and 1025
(G) The application fee required under subsection (b) of this section; 1026
(3) Provided any change described in subparagraph (F) of 1027
subdivision (2) of this subsection that has occurred is: 1028
(A) Allowed under (i) section 21a-420g of the general statutes, as 1029
amended by this act, and (ii) any regulation adopted, or policy or 1030
procedure issued, pursuant to section 21a-420g of the general statutes, 1031
as amended by this act, or 21a-420h of the general statutes; and 1032
(B) Allowed under subdivision (1) of subsection (c) of this section, 1033
whereby (i) the Social Equity Council has determined that the social 1034
equity applicant continues to meet the criteria for a social equity 1035
applicant, and (ii) the department has received a written notice from the 1036
Social Equity Council affirming that the Social Equity Council has 1037
determined that the social equity applicant continues to meet the criteria 1038
for a social equity applicant; 1039 Substitute Bill No. 5150
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(4) If pursuant to subdivision (2) of subsection (c) of this section, (A) 1040
the Social Equity Council has reviewed the agreement described in 1041
subparagraph (B) of subdivision (2) of this subsection, and (B) the 1042
department has received a written notice from the Social Equity Council 1043
affirming that the Social Equity Council has determined that the social 1044
equity applicant continues to meet the criteria for a social equity 1045
applicant; and 1046
(5) If all hemp, as defined in section 22-61l of the general statutes, has 1047
been harvested from the cultivation lot described in subparagraph (B)(i) 1048
of subdivision (2) of this subsection. 1049
(b) (1) A social equity applicant seeking a cultivator license under this 1050
section shall submit to the department a three-million-dollar application 1051
fee unless the social equity applicant has (A) received a provisional 1052
cultivator license under subsection (a) of section 21a-420o of the general 1053
statutes, as amended by this act, and (B) paid the fee required under 1054
subdivision (3) of subsection (a) of section 21a-420o of the general 1055
statutes, as amended by this act. 1056
(2) A social equity applicant seeking a micro-cultivator license under 1057
this section shall submit to the department a five-hundred-thousand-1058
dollar application fee unless the social equity applicant has (A) received 1059
a provisional cultivator license under subsection (a) of section 21a-420o 1060
of the general statutes, as amended by this act, and (B) paid the fee 1061
required under subdivision (3) of subsection (a) of section 21a-420o of 1062
the general statutes, as amended by this act. 1063
(3) The fee to renew a final cultivator license or final micro-cultivator 1064
license issued pursuant to this section shall be the same as the fee to 1065
renew a final cultivator license or final micro-cultivator license as set 1066
forth in section 21a-420e of the general statutes, as amended by this act. 1067
(4) All fees collected by the department under this section shall be 1068
deposited in the Cannabis Social Equity and Innovation Fund 1069
established in subsection (c) of section 21a-420f of the general statutes. 1070 Substitute Bill No. 5150
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(c) (1) If any change described in subparagraph (F) of subdivision (2) 1071
of subsection (a) of this section has occurred, the Social Equity Council 1072
shall (A) determine whether the social equity applicant continues to 1073
meet the criteria for a social equity applicant, and (B) submit to the 1074
department, in a form and manner prescribed by the commissioner, a 1075
written notice disclosing such determination. 1076
(2) The Social Equity Council shall (A) review the agreement 1077
described in subparagraph (B) of subdivision (2) of subsection (a) of this 1078
section, and (B) submit to the department, in a form and manner 1079
prescribed by the commissioner, a written notice disclosing whether the 1080
social equity applicant continues to meet the criteria for a social equity 1081
applicant. 1082
(d) All harvested hemp described in subdivision (5) of subsection (a) 1083
of this section shall continue to be deemed hemp until the department 1084
issues a final cultivator license or final micro-cultivator license to the 1085
social equity applicant pursuant to this section. After the department 1086
issues a final cultivator license or final micro-cultivator license to the 1087
social equity applicant pursuant to this section, such harvested hemp 1088
shall be deemed to be cannabis and shall be subject to all cannabis 1089
cultivation, testing, labeling, tracking, reporting and manufacturing 1090
provisions of RERACA as such provisions apply to cultivators and 1091
micro-cultivators. For the purposes of this subsection, "hemp" has the 1092
same meaning as provided in section 22-61l of the general statutes. 1093
(e) No social equity applicant that receives a cultivator license under 1094
this section shall be eligible to create more than one equity joint venture, 1095
and no such social equity applicant shall create any equity joint venture 1096
unless such social equity applicant has received a cultivator license 1097
under this section and commenced cultivation activities under such 1098
cultivator license. No social equity applicant that receives a micro-1099
cultivator license under this section shall be eligible to create an equity 1100
joint venture. 1101
(f) Each application submitted to the department pursuant to 1102 Substitute Bill No. 5150
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subsection (a) of this section, and all information included in, or 1103
submitted with, any application submitted pursuant to said subsection, 1104
shall be subject to the provisions of subsection (g) of section 21a-420e of 1105
the general statutes. 1106
(g) Notwithstanding any other provision of RERACA, and except as 1107
otherwise provided in subsections (a) to (f), inclusive, of this section: 1108
(1) Each application submitted pursuant to subsection (a) of this 1109
section shall be processed as any other cultivator application or micro-1110
cultivator application that has been selected through the lottery; and 1111
(2) Each social equity applicant, application submitted pursuant to 1112
subsection (a) of this section, cultivator license issued pursuant to this 1113
section and micro-cultivator license issued pursuant to this section shall 1114
be subject to subsections (e) to (l), inclusive, of section 21a-420g of the 1115
general statutes, as amended by this act. 1116
Sec. 7. (NEW) (Effective July 1, 2024) (a) (1) During the period 1117
beginning July 1, 2024, and ending December 31, 2024, a social equity 1118
applicant that has submitted an application to the department for a 1119
cultivator license pursuant to subsection (a) of section 21a-420o of the 1120
general statutes, as amended by this act, may withdraw such application 1121
and apply for a micro-cultivator license pursuant to this section if: 1122
(A) The Social Equity Council has verified that the applicant meets 1123
the criteria for a social equity applicant pursuant to subdivision (1) of 1124
subsection (a) of section 21a-420o of the general statutes, as amended by 1125
this act; 1126
(B) The social equity applicant is eligible to receive a provisional 1127
cultivator license pursuant to subsection (a) of section 21a-420o of the 1128
general statutes, as amended by this act; 1129
(C) The department has not already issued a provisional cultivator 1130
license to the social equity applicant pursuant to subsection (a) of section 1131
21a-420o of the general statutes, as amended by this act; and 1132 Substitute Bill No. 5150
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(D) The social equity applicant submits to the department, in a form 1133
and manner prescribed by the commissioner, a written statement by the 1134
social equity applicant: 1135
(i) Withdrawing the social equity applicant's application under 1136
subsection (a) of section 21a-420o of the general statutes, as amended by 1137
this act; and 1138
(ii) Acknowledging that if the social equity applicant withdraws the 1139
application submitted under subsection (a) of section 21a-420o of the 1140
general statutes, as amended by this act, the social equity applicant shall 1141
be ineligible to create an equity joint venture, as provided in subsection 1142
(e) of this section. 1143
(2) No social equity applicant that withdraws an application in the 1144
manner set forth in subdivision (1) of this subsection shall be eligible to 1145
receive a refund for any fee paid in connection with such withdrawn 1146
application. 1147
(b) During the period beginning July 1, 2024, and ending December 1148
31, 2025, the department shall issue a micro-cultivator license to a social 1149
equity applicant pursuant to this section: 1150
(1) If the social equity applicant meets the eligibility criteria 1151
established in subdivision (1) of subsection (a) of this section; 1152
(2) If during the period beginning July 1, 2024, and ending December 1153
31, 2024, the social equity applicant submits to the department, in a form 1154
and manner prescribed by the commissioner: 1155
(A) A completed micro-cultivator license application; 1156
(B) A written statement by the social equity applicant disclosing 1157
whether any change occurred in the ownership or control of the social 1158
equity applicant after the Social Equity Council verified that the 1159
applicant met the criteria for a social equity applicant pursuant to 1160
subdivision (1) of subsection (a) of section 21a-420o of the general 1161 Substitute Bill No. 5150
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statutes, as amended by this act; and 1162
(C) The application and conversion fees required under subdivision 1163
(1) of subsection (c) of this section; and 1164
(3) If any change described in subparagraph (B) of subdivision (2) of 1165
this subsection has occurred: 1166
(A) Such change in ownership or control is allowed under (i) section 1167
21a-420g of the general statutes, as amended by this act, and (ii) any 1168
regulation adopted, or policy or procedure issued, pursuant to section 1169
21a-420g of the general statutes, as amended by this act, or 21a-420h of 1170
the general statutes; and 1171
(B) Pursuant to subsection (d) of this section, (i) the Social Equity 1172
Council has determined that the social equity applicant continues to 1173
meet the criteria for a social equity applicant, and (ii) the department 1174
has received a written notice from the Social Equity Council affirming 1175
that the Social Equity Council has determined that the social equity 1176
applicant continues to meet the criteria for a social equity applicant. 1177
(c) (1) A social equity applicant that submits a micro-cultivator license 1178
application pursuant to subsection (b) of this section shall submit to the 1179
department (A) an application fee in the amount of five hundred 1180
thousand dollars, and (B) a conversion fee in the amount of five hundred 1181
thousand dollars. 1182
(2) The fee to renew a final micro-cultivator license issued pursuant 1183
to this section shall be the same as the fee to renew a final micro-1184
cultivator license as set forth in section 21a-420e of the general statutes, 1185
as amended by this act. 1186
(3) All fees collected by the department under this section shall be 1187
deposited in the Cannabis Social Equity and Innovation Fund 1188
established in subsection (c) of section 21a-420f of the general statutes. 1189
(d) If any change described in subparagraph (B) of subdivision (2) of 1190 Substitute Bill No. 5150
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subsection (b) of this section has occurred, the Social Equity Council 1191
shall (1) determine whether the social equity applicant continues to meet 1192
the criteria for a social equity applicant, and (2) submit to the 1193
department, in a form and manner prescribed by the commissioner, a 1194
written notice disclosing such determination. 1195
(e) A social equity applicant that withdraws an application in the 1196
manner set forth in subdivision (1) of subsection (a) of this section shall 1197
be ineligible to create an equity joint venture. 1198
(f) Each application submitted to the department pursuant to 1199
subsection (b) of this section, and all information included in, or 1200
submitted with, any application submitted pursuant to said subsection, 1201
shall be subject to the provisions of subsection (g) of section 21a-420e of 1202
the general statutes. 1203
(g) Notwithstanding any other provision of RERACA, and except as 1204
otherwise provided in subsections (a) to (f), inclusive, of this section: 1205
(1) Each application submitted pursuant to subsection (b) of this 1206
section shall be processed as any other micro-cultivator application that 1207
has been selected through the lottery; and 1208
(2) Each social equity applicant, application submitted pursuant to 1209
subsection (b) of this section and micro-cultivator license issued 1210
pursuant to this section shall be subject to subsections (e) to (l), inclusive, 1211
of section 21a-420g of the general statutes, as amended by this act. 1212
Sec. 8. (NEW) (Effective July 1, 2024) (a) For the purposes of this 1213
section, "hemp" and "hemp products" have the same meanings as 1214
provided in section 22-61l of the general statutes. 1215
(b) The department shall issue a product manufacturer license to a 1216
hemp manufacturer if: 1217
(1) The hemp manufacturer (A) is licensed under section 22-61m of 1218
the general statutes, as amended by this act, (B) has continuously held a 1219 Substitute Bill No. 5150
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hemp manufacturer license issued under section 22-61m of the general 1220
statutes, as amended by this act, since January 1, 2022, and (C) is not 1221
licensed as a hemp producer under section 22-61l of the general statutes; 1222
and 1223
(2) During the period beginning July 1, 2024, and ending December 1224
31, 2024, the hemp manufacturer submits to the department, in a form 1225
and manner prescribed by the Commissioner of Consumer Protection: 1226
(A) A completed product manufacturer license application; 1227
(B) A social equity plan and a workforce development plan that are 1228
approved by the Social Equity Council before the department issues a 1229
product manufacturer license to the hemp manufacturer pursuant to 1230
this section; 1231
(C) An acknowledgment that if the department issues a final product 1232
manufacturer license to the hemp manufacturer pursuant to this section, 1233
the hemp manufacturer shall immediately be deemed to have 1234
automatically surrendered such hemp manufacturer's license under 1235
section 22-61m of the general statutes, as amended by this act; and 1236
(D) An application fee in the amount of twenty-five thousand dollars. 1237
(c) A holder of a provisional product manufacturer license issued 1238
pursuant to this section may maintain an active hemp manufacturer 1239
license issued pursuant to section 22-61m of the general statutes, as 1240
amended by this act, provided the hemp manufacturer shall 1241
immediately be deemed to have automatically surrendered such hemp 1242
manufacturer's license under 22-61m of the general statutes, as 1243
amended by this act, if the department issues a final product 1244
manufacturer license pursuant to this section. 1245
(d) The fee to receive or renew a final product manufacturer license 1246
pursuant to this section shall be the same as the fee to receive or renew 1247
a final product manufacturer license as set forth in section 21a-420e of 1248
the general statutes, as amended by this act. 1249 Substitute Bill No. 5150
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(e) All fees collected by the department under this section shall be 1250
nonrefundable and deposited in the Cannabis Social Equity and 1251
Innovation Fund established in subsection (c) of section 21a-420f of the 1252
general statutes. 1253
(f) (1) Except as provided in subdivision (2) of this subsection, all 1254
hemp and hemp products in the possession of a hemp manufacturer 1255
shall continue to be deemed hemp while such hemp manufacturer 1256
maintains an active hemp manufacturer license under section 22-61m of 1257
the general statutes, as amended by this act. 1258
(2) Immediately upon the department issuing a final product 1259
manufacturer license to a hemp manufacturer pursuant to this section, 1260
and the automatic surrender of the hemp manufacturer's license under 1261
section 22-61m of the general statutes, as amended by this act, all hemp 1262
and hemp products in the possession of such hemp manufacturer shall 1263
(A) be deemed cannabis in accordance with section 22-61n of the general 1264
statutes, as amended by this act, and (B) comply with the requirements 1265
for cannabis contained in all applicable provisions of the general 1266
statutes and the regulations of Connecticut state agencies. 1267
(g) Each application submitted to the department pursuant to 1268
subsection (b) of this section, and all information included in, or 1269
submitted with, any application submitted pursuant to said subsection, 1270
shall be subject to the provisions of subsection (g) of section 21a-420e of 1271
the general statutes. 1272
(h) Each complete application submitted pursuant to subsection (b) 1273
of this section shall be (1) processed as any product manufacturer 1274
application selected through the lottery, and (2) subject to subsections 1275
(e) to (l), inclusive, of section 21a-420g of the general statutes, as 1276
amended by this act. 1277
(i) The Commissioner of Consumer Protection may, pursuant to 1278
section 4-182 of the general statutes, summarily suspend any credential 1279
issued by the department to any person who violates any provision of 1280 Substitute Bill No. 5150
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this section or chapter 420f or 420h of the general statutes. 1281
(j) Any person licensed pursuant to this section shall be subject to the 1282
provisions of section 21a-421p of the general statutes, and any violation 1283
of this section shall constitute sufficient cause for purposes of subsection 1284
(b) of section 21a-421p of the general statutes. 1285
Sec. 9. (NEW) (Effective July 1, 2024) (a) For the purposes of this 1286
section, "manufacturer hemp product" has the same meaning as 1287
provided in section 22-61l of the general statutes. 1288
(b) No infused beverage shall be sold or distributed in this state 1289
unless: 1290
(1) The infused beverage is sold (A) on premises operating under a 1291
package store permit issued pursuant to subsection (b) of section 30-20 1292
of the general statutes, as amended by this act, or (B) at a dispensary 1293
facility, hybrid retailer or retailer; 1294
(2) If the infused beverage is sold at a dispensary facility, hybrid 1295
retailer or retailer, the infused beverage is stored and displayed 1296
separately from any cannabis, in the same manner provided for 1297
manufacturer hemp products, in accordance with section 21a-409, 21a-1298
420s or 21a-420r of the general statutes, respectively; 1299
(3) The infused beverage meets the standards set forth for 1300
manufacturer hemp products in subsections (v), (w) and (x) of section 1301
22-61m of the general statutes, as amended by this act; and 1302
(4) The infused beverage meets (A) the testing standards for 1303
manufacturer hemp products established in, and any regulations 1304
adopted pursuant to, section 22-61m of the general statutes, as amended 1305
by this act, or (B) such other testing standards for manufacturer hemp 1306
products as the Commissioner of Consumer Protection, in the 1307
commissioner's discretion, may designate. 1308
(c) No infused beverage shall be sold to any consumer who is 1309 Substitute Bill No. 5150
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younger than twenty-one years of age. No owner, agent or employee of 1310
a package store permitted under subsection (b) of section 30-20 of the 1311
general statutes, as amended by this act, or of a dispensary facility, 1312
hybrid retailer or retailer, shall sell any infused beverage to a consumer 1313
without first verifying the consumer's age with a valid government 1314
issued driver's license or identity card to establish that such person is 1315
twenty-one years of age or older. 1316
(d) No infused beverage shall be sold in packaging that comprises 1317
more than two containers. 1318
(e) Each infused beverage container shall prominently display a 1319
symbol, in a size of not less than one-half inch by one-half inch and in a 1320
format approved by the Commissioner of Consumer Protection, which 1321
indicates that such infused beverage is not legal or safe for individuals 1322
younger than twenty-one years of age. 1323
(f) (1) Any violation of the provisions of subdivisions (2) to (4), 1324
inclusive, of subsection (b) of this section and subsections (c) to (e), 1325
inclusive, of this section shall be deemed an unfair or deceptive trade 1326
practice under subsection (a) of section 42-110b of the general statutes. 1327
(2) Any violation of the provisions of subdivision (1) of subsection (b) 1328
of this section shall be deemed an unfair or deceptive trade practice 1329
under subsection (a) of section 42-110b of the general statutes and shall 1330
be enforced by the Attorney General. 1331
(3) The provisions of section 42-110g of the general statutes shall 1332
apply to any violation of the provisions of subsections (b) to (e), 1333
inclusive, of this section. 1334
Sec. 10. (NEW) (Effective July 1, 2024) (a) A fee of fifty cents shall be 1335
assessed by a dispensary facility, hybrid retailer or retailer on each 1336
infused beverage container sold by such cannabis establishment. Such 1337
fee shall not be subject to any sales tax or treated as income pursuant to 1338
any provision of the general statutes. 1339 Substitute Bill No. 5150
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(b) On October 1, 2024, and every six months thereafter, each 1340
dispensary facility, hybrid retailer or retailer shall remit payment to the 1341
department for each infused beverage container sold during the 1342
preceding six-month period. The funds received by the department 1343
from infused beverage sales shall be deposited in the consumer 1344
protection enforcement account established in section 21a-8a of the 1345
general statutes, as amended by this act, for the purposes of (1) 1346
protecting public health and safety, (2) educating consumers and 1347
licensees, and (3) ensuring compliance with cannabis and liquor control 1348
laws. 1349
Sec. 11. Section 21a-420c of the general statutes is repealed and the 1350
following is substituted in lieu thereof (Effective July 1, 2024): 1351
(a) Except as provided in RERACA and chapter 420b or 420f, (1) no 1352
person, other than a retailer, hybrid retailer, micro-cultivator or delivery 1353
service, or an employee thereof in the course of [his or her] such 1354
employee's employment, may sell or offer cannabis to a consumer, and 1355
(2) no person, other than a hybrid retailer, dispensary facility or a 1356
delivery service, or an employee thereof in the course of [his or her] such 1357
employee's employment, may sell or offer cannabis to qualifying 1358
patients and caregivers. 1359
(b) No person except a delivery service, or an employee [thereof] of a 1360
delivery service, subject to the restrictions set forth in section 21a-420z, 1361
as amended by this act, acting in the course of [his or her] such 1362
employee's employment may deliver cannabis to consumers. [, patients 1363
or caregivers except that retailers, hybrid retailers, micro-cultivators and 1364
dispensary facilities may utilize their own employees to deliver 1365
cannabis to the same individuals they may sell to pursuant to subsection 1366
(a) of this section until thirty days after the date the first five delivery 1367
service licensees have commenced public operation, which date shall be 1368
published by the commissioner on the department's Internet web site, 1369
and thereafter all delivery to consumers, patients or caregivers shall be 1370
done through a delivery service licensee.] No person except a delivery 1371
service, hybrid retailer or dispensary facility, or an employee of a 1372 Substitute Bill No. 5150
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delivery service, hybrid retailer or dispensary facility acting in the 1373
course of such employee's employment, may deliver cannabis to 1374
patients or caregivers. 1375
(c) Any violation of the provisions of this section shall be deemed an 1376
unfair or deceptive trade practice under subsection (a) of section 42-110b 1377
and shall be enforced by the Attorney General, except the provisions of 1378
section 42-110g shall apply to any violation of the provisions of this 1379
section. 1380
(d) (1) Any municipality may, by vote of its legislative body, prohibit 1381
the operation of any business within such municipality that is found to 1382
be in violation of the provisions of this section or if such operation poses 1383
an immediate threat to public health and safety. 1384
(2) If the chief executive officer of a municipality determines that a 1385
business within the municipality is operating in violation of the 1386
provisions of this section or poses an immediate threat to public health 1387
and safety, the chief executive officer may apply to the Superior Court 1388
for an order under subdivision (3) of this subsection. 1389
(3) Upon an application under subdivision (2) of this subsection, the 1390
Superior Court, upon a finding that a business within the municipality 1391
is operating in violation of the provisions of this section or poses an 1392
immediate threat to public health and safety, may issue forthwith, ex 1393
parte and without a hearing, an order which shall direct the chief law 1394
enforcement officer of the municipality to take from such business 1395
possession and control of any merchandise related to such violation or 1396
immediate threat to public health and safety, which merchandise shall 1397
include, but need not be limited to, (A) any cannabis or cannabis 1398
product, (B) any cigarette, tobacco or tobacco product, (C) any 1399
merchandise related to the merchandise described in subparagraphs (A) 1400
and (B) of this subdivision, and (D) any proceeds related to the 1401
merchandise described in subparagraphs (A) to (C), inclusive, of this 1402
subdivision. 1403 Substitute Bill No. 5150
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(4) As used in this subsection, (A) "cigarette" has the same meaning 1404
as provided in section 4-28h, (B) "immediate threat to public health and 1405
safety" includes, but is not limited to, the presence of (i) any cannabis or 1406
cannabis product in connection with a violation of this section, or (ii) 1407
any cigarette or tobacco product alongside any cannabis or cannabis 1408
product, and (C) "operation" and "operating" mean engaging in the sale 1409
of, or otherwise offering for sale, goods and services to the general 1410
public, including, but not limited to, through indirect retail sales. 1411
(e) (1) Any person who violates any provision of this section shall be 1412
assessed a civil penalty of thirty thousand dollars for each violation. 1413
Each day that such violation continues shall constitute a separate 1414
offense. 1415
(2) Any person who aids or abets any violation of the provisions of 1416
this section shall be assessed a civil penalty of thirty thousand dollars 1417
for each violation. Each day that such person aids or abets such violation 1418
shall constitute a separate offense. For the purposes of this subdivision, 1419
no person shall be deemed to have aided or abetted a violation of the 1420
provisions of this section unless (A) such person was the owner, officer, 1421
controlling shareholder or in a similar position of authority which 1422
allowed such person to make command or control decisions regarding 1423
the operations and management of another person who (i) is prohibited 1424
from selling or offering any cannabis or cannabis product under this 1425
section, and (ii) sold or offered any cannabis or cannabis product in 1426
violation of this section, (B) such person knew that such other person (i) 1427
is prohibited from selling or offering any cannabis or cannabis product 1428
under this section, and (ii) sold or offered any cannabis or cannabis 1429
product in violation of this section, (C) such person provided substantial 1430
assistance or encouragement in connection with the sale or offer of such 1431
cannabis or cannabis product in violation of this section, and (D) such 1432
person's conduct was a substantial factor in furthering the sale or offer 1433
of such cannabis or cannabis product in violation of this section. 1434
(3) Any person who manages or controls a commercial property, or 1435
who manages or controls a commercial building, room, space or 1436 Substitute Bill No. 5150
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enclosure, in such person's capacity as an owner, lessee, agent, 1437
employee or mortgagor, who knowingly leases, rents or makes such 1438
property, building, room space or enclosure available for use, with or 1439
without compensation, for the purpose of any sale or offer of any 1440
cannabis or cannabis product in violation of this section shall be 1441
assessed a civil penalty of ten thousand dollars for each violation. Each 1442
day that such violation continues shall constitute a separate offense. 1443
(4) No person other than the Attorney General, upon complaint of the 1444
Commissioner of Consumer Protection, or a municipality in which the 1445
violation of this section occurred shall investigate any violation of this 1446
subsection, assess any civil penalty under this subsection or institute a 1447
civil action to recover any civil penalty imposed under this subsection. 1448
If a municipality institutes a civil action to recover any civil penalty 1449
imposed under this subsection, such penalty shall be paid first to the 1450
municipality to reimburse such municipality for the costs incurred in 1451
instituting such action. One-half of the remainder, if any, shall be 1452
payable to the treasurer of such municipality and one-half of such 1453
remainder shall be payable to the Treasurer and deposited in the 1454
General Fund. 1455
(f) Nothing in this section shall be construed to prohibit the 1456
imposition of any criminal penalty on any person who (1) is prohibited 1457
from selling or offering any cannabis or cannabis product under this 1458
section, and (2) sells or offers any cannabis or cannabis product in 1459
violation of this section. 1460
Sec. 12. Subsections (i) to (k), inclusive, of section 21a-420d of the 2024 1461
supplement to the general statutes are repealed and the following is 1462
substituted in lieu thereof (Effective July 1, 2024): 1463
(i) (1) Not later than August 1, 2021, and annually thereafter until July 1464
31, 2023, the council shall use the most recent five-year United States 1465
Census Bureau American Community Survey estimates or any 1466
successor data to determine one or more United States census tracts in 1467
the state that are a disproportionately impacted area and shall publish a 1468 Substitute Bill No. 5150
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list of such tracts on the council's Internet web site. 1469
(2) Not later than August 1, 2023, the council shall use poverty rate 1470
data from the most recent five-year United States Census Bureau 1471
American Community Survey estimates, population data from the most 1472
recent decennial census and conviction information from databases 1473
managed by the Department of Emergency Services and Public 1474
Protection to identify all United States census tracts in the state that are 1475
disproportionately impacted areas and shall publish a list of such tracts 1476
on the council's Internet web site. In identifying which census tracts in 1477
this state are disproportionately impacted areas and preparing such list, 1478
the council shall: 1479
(A) Not deem any census tract with a poverty rate that is less than the 1480
state-wide poverty rate to be a disproportionately impacted area; 1481
(B) After eliminating the census tracts described in subparagraph (A) 1482
of this subdivision, rank the remaining census tracts in order from the 1483
census tract with the greatest historical conviction rate for drug-related 1484
offenses to the census tract with the lowest historical conviction rate for 1485
drug-related offenses; and 1486
(C) Include census tracts in the order of rank described in 1487
subparagraph (B) of this subdivision until including the next census 1488
tract would cause the total population of all included census tracts to 1489
exceed twenty-five per cent of the state's population. 1490
(3) On and after July 1, 2024, any reservation, as defined in section 47-1491
63, of the Schaghticoke, Paucatuck Eastern Pequot or Golden Hill 1492
Paugussett indigenous tribe recognized by this state under subsection 1493
(b) of section 47-59a shall be deemed to be a disproportionately 1494
impacted area, provided such reservation includes at least ten acres of 1495
contiguous land and such land comprised part of such reservation on 1496
July 1, 2024. 1497
(4) On and after January 1, 2025, any parcel of land owned in fee 1498
simple by any indigenous tribe recognized by this state under 1499 Substitute Bill No. 5150
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subsection (b) of section 47-59a shall be deemed to be a 1500
disproportionately impacted area, provided such parcel includes at least 1501
ten acres of contiguous land and is located in a municipality that, prior 1502
to July 1, 2024, contained any portion of a disproportionately impacted 1503
area. 1504
(j) After developing criteria for workforce development plans as 1505
described in subdivision (4) of subsection (h) of this section, the council 1506
shall review and approve or deny in writing any such plan submitted 1507
by a producer under section 21a-420l or a hybrid-retailer under section 1508
21a-420u, as amended by this act. 1509
(k) The council shall develop criteria for evaluating the ownership 1510
and control of any equity joint venture created under section 21a-420m, 1511
as amended by this act, 21a-420u, as amended by this act, or 21a-420j 1512
and shall review and approve or deny in writing such equity joint 1513
venture prior to such equity joint venture being licensed under section 1514
21a-420m, as amended by this act, 21a-420u, as amended by this act, or 1515
21a-420j. After developing criteria for social equity plans as described in 1516
subdivision (5) of subsection (h) of this section, the council shall review 1517
and approve or deny in writing any such plan submitted by a cannabis 1518
establishment as part of its final license application. The council shall 1519
not approve any equity joint venture applicant which shares with an 1520
equity joint venture any individual owner who meets the criteria 1521
established in subparagraphs (A) and (B) of subdivision [(50)] (54) of 1522
section 21a-420, as amended by this act, other than an individual owner 1523
in their capacity as a backer licensed under section 21a-420o, as 1524
amended by this act. 1525
Sec. 13. Subsection (c) of section 21a-420e of the 2024 supplement to 1526
the general statutes is repealed and the following is substituted in lieu 1527
thereof (Effective July 1, 2024): 1528
(c) Except as provided in subsection (d) of this section, the following 1529
fees shall be paid by each applicant: 1530 Substitute Bill No. 5150
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(1) For a retailer license, the fee to enter the lottery shall be five 1531
hundred dollars, the fee to receive a provisional license shall be five 1532
thousand dollars and the fee to receive a final license or a renewal of a 1533
final license shall be twenty-five thousand dollars. 1534
(2) For a hybrid retailer license, the fee to enter the lottery shall be five 1535
hundred dollars, the fee to receive a provisional license shall be five 1536
thousand dollars and the fee to receive a final license or a renewal of a 1537
final license shall be twenty-five thousand dollars. 1538
(3) For a cultivator license, the fee to enter the lottery shall be one 1539
thousand dollars, the fee to receive a provisional license shall be twenty-1540
five thousand dollars and the fee to receive a final license or a renewal 1541
of a final license shall be seventy-five thousand dollars. 1542
(4) For a micro-cultivator license, the fee to enter the lottery shall be 1543
two hundred fifty dollars, the fee to receive a provisional license shall 1544
be five hundred dollars and the fee to receive a final license or a renewal 1545
of a final license shall be one thousand dollars. 1546
(5) (A) For a product manufacturer license, the fee to enter the lottery 1547
shall be seven hundred fifty dollars, the fee to receive a provisional 1548
license shall be five thousand dollars and the fee to receive a final license 1549
or a renewal of a final license shall be twenty-five thousand dollars. 1550
(B) For a product manufacturer seeking authorization to expand the 1551
product manufacturer's authorized activities to include the authorized 1552
activities of a food and beverage manufacturer, the application fee for 1553
such expanded authorization shall be five thousand dollars and the fee 1554
to renew such expanded authorization shall be five thousand dollars. 1555
The fees due under this subparagraph shall be in addition to the fees 1556
due under subparagraph (A) of this subdivision. 1557
(6) (A) For a food and beverage manufacturer license, the fee to enter 1558
the lottery shall be two hundred fifty dollars, the fee to receive a 1559
provisional license shall be one thousand dollars and the fee to receive 1560
a final license or a renewal of a final license shall be five thousand 1561 Substitute Bill No. 5150
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dollars. 1562
(B) For a food and beverage manufacturer seeking authorization to 1563
expand the food and beverage manufacturer's authorized activities to 1564
include the authorized activities of a product manufacturer, the 1565
application fee for such expanded authorization shall be twenty-five 1566
thousand dollars and the fee to renew such expanded authorization 1567
shall be twenty-five thousand dollars. The fees due under this 1568
subparagraph shall be in addition to the fees due under subparagraph 1569
(A) of this subdivision. 1570
(7) (A) For a product packager license, the fee to enter the lottery shall 1571
be five hundred dollars, the fee to receive a provisional license shall be 1572
five thousand dollars and the fee to receive a final license or a renewal 1573
of a final license shall be twenty-five thousand dollars. 1574
(B) For a product packager seeking authorization to expand the 1575
product packager's authorized activities to include the authorized 1576
activities of a product manufacturer, the application fee for such 1577
expanded authorization shall be thirty thousand dollars and the fee to 1578
renew such expanded authorization shall be thirty thousand dollars. 1579
The fees due under this subparagraph shall be in lieu of the fees due 1580
under subparagraph (A) of this subdivision. 1581
(8) For a delivery service or transporter license, the fee to enter the 1582
lottery shall be two hundred fifty dollars, the fee to receive a provisional 1583
license shall be one thousand dollars and the fee to receive a final license 1584
or a renewal of a final license shall be five thousand dollars. 1585
(9) For an initial or renewal of a backer license, the fee shall be one 1586
hundred dollars. 1587
(10) For an initial or renewal of a key employee license, the fee shall 1588
be one hundred dollars. 1589
(11) For an initial or renewal of a registration of an employee who is 1590
not a key employee, the fee shall be fifty dollars. 1591 Substitute Bill No. 5150
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(12) The license conversion fee for a dispensary facility to become a 1592
hybrid retailer shall be one million dollars, except as provided in section 1593
21a-420u, as amended by this act. 1594
(13) The license conversion fee for a producer to engage in the adult 1595
use cannabis market shall be three million dollars, except as provided in 1596
section 21a-420l. 1597
(14) For a dispensary facility license, the fee to enter the lottery shall 1598
be five hundred dollars, the fee to receive a provisional license shall be 1599
five thousand dollars and the fee to receive a final license or a renewal 1600
of a final license shall be five thousand dollars. 1601
(15) For a producer license, the fee to enter the lottery shall be one 1602
thousand dollars, the fee to receive a provisional license shall be twenty-1603
five thousand dollars and the fee to receive a final license or a renewal 1604
of a final license shall be seventy-five thousand dollars. 1605
Sec. 14. Subsection (b) of section 21a-420g of the 2024 supplement to 1606
the general statutes is repealed and the following is substituted in lieu 1607
thereof (Effective July 1, 2024): 1608
(b) Except as provided in section 21a-420o, as amended by this act, 1609
and sections 6 to 8, inclusive, of this act, prior to the first date that the 1610
department begins accepting applications for a license type, the 1611
department shall determine the maximum number of applications that 1612
shall be considered for such license type and post such information on 1613
its Internet web site. Fifty per cent of the maximum number of 1614
applications that shall be considered for each license type (1) shall be 1615
selected through a social equity lottery for such license type, and (2) 1616
shall be reserved by the department for social equity applicants. If, upon 1617
the close of the application period for a license type, the department 1618
receives more applications than the maximum number to be considered 1619
in total or to be reserved for social equity applicants as set forth in this 1620
subsection, a third-party lottery operator shall conduct a lottery to 1621
identify applications for review by the department and the Social Equity 1622 Substitute Bill No. 5150
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Council. 1623
Sec. 15. Subsection (b) of section 21a-420m of the 2024 supplement to 1624
the general statutes is repealed and the following is substituted in lieu 1625
thereof (Effective July 1, 2024): 1626
(b) The equity joint venture shall be in any cannabis establishment 1627
licensed business, other than a cultivator license, provided such equity 1628
joint venture is at least fifty per cent owned and controlled by an 1629
individual or individuals who meet, or the equity joint venture 1630
applicant is an individual who meets, the criteria established in 1631
subparagraphs (A) and (B) of subdivision [(50)] (54) of section 21a-420, 1632
as amended by this act. 1633
Sec. 16. Section 21a-420o of the 2024 supplement to the general 1634
statutes is repealed and the following is substituted in lieu thereof 1635
(Effective July 1, 2024): 1636
(a) Thirty days after the Social Equity Council posts the criteria for 1637
social equity applicants on its Internet web site, the department shall 1638
open up a three-month application period for cultivators during which 1639
a social equity applicant may apply to the department for a provisional 1640
cultivator license and final license for a cultivation facility located in a 1641
disproportionately impacted area without participating in a lottery or 1642
request for proposals. Such application for a provisional license shall be 1643
granted upon: (1) [verification] Verification by the Social Equity Council 1644
that the applicant meets the criteria for a social equity applicant; (2) the 1645
applicant submitting to and passing a criminal background check; and 1646
(3) payment of a three-million-dollar fee to be deposited in the Cannabis 1647
Social Equity and Innovation Fund established in section 21a-420f. Upon 1648
granting such provisional license, the department shall notify the 1649
applicant of the project labor agreement requirements of section 21a-1650
421e. The department shall not grant an application for a provisional 1651
cultivator license under this subsection after December 31, 2025. 1652
(b) To obtain a final cultivator license under this section, the social 1653 Substitute Bill No. 5150
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equity applicant shall provide evidence of: (1) [a] A contract with an 1654
entity providing an approved electronic tracking system as described in 1655
section 21a-421n; (2) a right to exclusively occupy [a] the location [in a 1656
disproportionately impacted area] at which the cultivation facility will 1657
be located, which location shall be situated (A) in a disproportionately 1658
impacted area, or (B) in the case of an exclusively outdoor grow, in a 1659
municipality containing any portion of a disproportionately impacted 1660
area, provided (i) such outdoor grow is conducted on land that such 1661
municipality has approved for agricultural or farming uses, and (ii) all 1662
cultivation complies with the provisions of the regulations adopted, and 1663
policies and procedures issued, pursuant to section 21a-421j, as 1664
amended by this act, permitting the outdoor cultivation of cannabis; (3) 1665
any necessary local zoning approval and permits for the cultivation 1666
facility; (4) a business plan; (5) a social equity plan approved by the 1667
Social Equity Council; (6) written policies for preventing diversion and 1668
misuse of cannabis and sales of cannabis to underage persons; and (7) 1669
blueprints of the facility and all other security requirements of the 1670
department. 1671
Sec. 17. Section 21a-420p of the 2024 supplement to the general 1672
statutes is repealed and the following is substituted in lieu thereof 1673
(Effective July 1, 2024): 1674
(a) On and after July 1, 2021, the department may issue or renew a 1675
license for a person to be a micro-cultivator. No person may act as a 1676
micro-cultivator or represent that such person is a licensed micro-1677
cultivator unless such person has obtained a license from the 1678
department pursuant to this section. 1679
(b) A micro-cultivator is authorized to cultivate, grow, propagate, 1680
manufacture and package the cannabis plant at an establishment 1681
containing not less than two thousand square feet and not more than ten 1682
thousand square feet of grow space, prior to any expansion authorized 1683
by the commissioner, provided such micro-cultivator complies with the 1684
provisions of any regulations adopted under section 21a-420q 1685
concerning grow space. A micro-cultivator business shall meet physical 1686 Substitute Bill No. 5150
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security controls set forth and required by the commissioner. 1687
(c) A micro-cultivator may apply for expansion of its grow space, in 1688
increments of five thousand square feet, on an annual basis, from the 1689
date of initial licensure, if such licensee is not subject to any pending or 1690
final administrative actions or judicial findings. If there are any pending 1691
or final administrative actions or judicial findings against the licensee, 1692
the department shall conduct a suitability review to determine whether 1693
such expansion shall be granted, which determination shall be final and 1694
appealable only to the Superior Court. The micro-cultivator may apply 1695
for an expansion of its business annually upon renewal of its credential 1696
until such licensee reaches a maximum of twenty-five thousand square 1697
feet of grow space. If a micro-cultivator desires to expand beyond 1698
twenty-five thousand square feet of grow space, the micro-cultivator 1699
licensee may apply for a cultivator license one year after its last 1700
expansion request. The micro-cultivator licensee shall not be required to 1701
apply through the lottery application process to convert its license to a 1702
cultivator license. If a micro-cultivator maintains its license and meets 1703
all of the application and licensure requirements for a cultivator license, 1704
including payment of the cultivator license fee established under section 1705
21a-420e, as amended by this act, the micro-cultivator licensee shall be 1706
granted a cultivator license. 1707
(d) A micro-cultivator may label, manufacture, package and perform 1708
extractions on any cannabis cultivated, grown and propagated at its 1709
licensed establishment provided it meets all licensure and application 1710
requirements for a food and beverage manufact urer, product 1711
manufacturer or product packager, as applicable. 1712
(e) A micro-cultivator may sell, transfer or transport its cannabis to a 1713
dispensary facility, hybrid retailer, retailer, delivery service, food and 1714
beverage manufacturer, product manufacturer, research program, 1715
cannabis testing laboratory or product packager, provided the cannabis 1716
is cultivated, grown and propagated at the micro-cultivator's licensed 1717
establishment and transported utilizing the micro-cultivator's own 1718
employees or a transporter. A micro-cultivator shall not gift or transfer 1719 Substitute Bill No. 5150
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cannabis or cannabis products at no cost to a consumer as part of a 1720
commercial transaction. 1721
(f) [A] (1) Subject to the requirements of this subsection and 1722
subsection (b) of section 21a-420c, as amended by this act, a micro-1723
cultivator may sell its own cannabis, including, but not limited to, its 1724
own cannabis seedlings, to consumers, excluding qualifying patients 1725
and caregivers, either through a delivery service or utilizing its own 1726
employees. [, subject to the requirements of subsection (b) of section 21a-1727
420c.] No cannabis establishment other than a micro-cultivator shall sell 1728
cannabis seedlings to consumers. 1729
(2) No micro-cultivator shall sell a cannabis seedling to a consumer 1730
unless: 1731
(A) The micro-cultivator cultivated the cannabis seedling in this state 1732
from seed or clone; 1733
(B) The cannabis seedling (i) has a standing height of not more than 1734
six inches measured from the base of the stem to the tallest point of the 1735
plant, (ii) does not contain any bud or flower, and (iii) has been tested 1736
for pesticides and heavy metals in accordance with the laboratory 1737
testing standards established in the policies and procedures issued, and 1738
final regulations adopted, by the commissioner pursuant to section 21a-1739
421j, as amended by this act; and 1740
(C) A label or informational tag is affixed to the cannabis seedling 1741
disclosing the following in legible English, black lettering, Times New 1742
Roman font, flat regular typeface, on a contrasting background and in 1743
uniform size of not less than one-tenth of one inch, based on a capital 1744
letter "K": 1745
(i) The name of the micro-cultivator; 1746
(ii) A product description for the cannabis seedling; 1747
(iii) One of the following chemotypes anticipated after flowering: (I) 1748 Substitute Bill No. 5150
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"High THC, Low CBD"; (II) "Low THC, High CBD"; or (III) "50/50 THC 1749
and CBD"; 1750
(iv) The results of the testing required under subparagraph (B)(iii) of 1751
this subdivision; 1752
(v) Directions for optimal care of the cannabis seedling; 1753
(vi) Unobscured symbols, in a size of not less than one-half inch by 1754
one-half inch and in a format approved by the commissioner, which 1755
symbols shall indicate that the cannabis seedling contains THC and is 1756
not legal or safe for individuals younger than twenty-one years of age; 1757
and 1758
(vii) A unique identifier generated by a cannabis analytic tracking 1759
system maintained by the department and used to track cannabis under 1760
the policies and procedures issued, and final regulations adopted, by 1761
the commissioner pursuant to section 21a-421j, as amended by this act. 1762
(3) Notwithstanding section 21a-421j, as amended by this act, no 1763
cannabis seedling shall be required to be sold in child-resistant 1764
packaging. 1765
(4) No micro-cultivator shall knowingly sell more than three cannabis 1766
seedlings to a consumer in any six-month period. 1767
(5) No micro-cultivator shall accept any returned cannabis seedling. 1768
(6) Any micro-cultivator that engages in the delivery of cannabis as 1769
set forth in subdivision (1) of this subsection shall maintain a secure 1770
location, in a manner approved by the commissioner, at the micro-1771
cultivator's premises where cannabis that is unable to be delivered may 1772
be returned to the micro-cultivator. Such secure cannabis return location 1773
shall meet specifications set forth by the commissioner and published 1774
on the department's Internet web site or included in regulations adopted 1775
by the department. A micro-cultivator shall cease delivery of cannabis 1776
to consumers if [it] the micro-cultivator converts to being a cultivator. 1777 Substitute Bill No. 5150
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Sec. 18. Subsection (b) of section 21a-420u of the 2024 supplement to 1778
the general statutes is repealed and the following is substituted in lieu 1779
thereof (Effective July 1, 2024): 1780
(b) Any equity joint venture created under this section shall be 1781
created for the development of a cannabis establishment, other than a 1782
cultivator, provided such equity joint venture is at least fifty per cent 1783
owned and controlled by an individual or individuals who meet, or the 1784
equity joint venture applicant is an individual who meets, the criteria 1785
established in subparagraphs (A) and (B) of subdivision [(50)] (54) of 1786
section 21a-420, as amended by this act. 1787
Sec. 19. Section 21a-420v of the general statutes is repealed and the 1788
following is substituted in lieu thereof (Effective July 1, 2024): 1789
(a) A dispensary facility or hybrid retailer may submit an application 1790
to the department, in a form and manner prescribed by the 1791
commissioner, to relocate its current dispensary facility or hybrid 1792
retailer location. Such relocation application shall include: 1793
(1) The number of qualifying patients the applicant served during the 1794
six-month period preceding the date of such relocation application, 1795
broken down by month, and indicating whether such number increased 1796
or decreased over such six-month period; 1797
(2) Evidence of (A) alternative dispensary facilities and hybrid 1798
retailers located within a ten-mile radius of the applicant, prior to the 1799
proposed relocation, where qualifying patients may obtain medical 1800
marijuana products, and (B) available public transportation to the 1801
alternative dispensary facilities and hybrid retailers described in 1802
subparagraph (A) of this subdivision; 1803
(3) A statement disclosing whether the applicant will continue to 1804
provide delivery services to the qualifying patients the applicant serves 1805
prior to the proposed relocation and, if so, the duration and geographic 1806
scope of such delivery services; 1807 Substitute Bill No. 5150
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(4) A plan to communicate the proposed relocation to qualifying 1808
patients, including, but not limited to, the content and methods of, and 1809
timeframes and target audiences for, such communications; and 1810
(5) A plan to communicate with nearby dispensary facilities and 1811
hybrid retailers concerning the proposed relocation and the needs of the 1812
qualifying patients served by the applicant. 1813
[(a) Until June 30, 2023, the] (b) The commissioner may deny a 1814
[change of location] relocation application from a dispensary facility or 1815
hybrid retailer based on the needs of qualifying patients. 1816
[(b)] (c) Prior to June 30, 2022, the commissioner shall not approve the 1817
relocation of a dispensary facility or hybrid retailer to a location that is 1818
further than ten miles from its current dispensary facility or hybrid 1819
retailer location. 1820
Sec. 20. Subsection (d) of section 21a-420w of the 2024 supplement to 1821
the general statutes is repealed and the following is substituted in lieu 1822
thereof (Effective July 1, 2024): 1823
(d) A food and beverage manufacturer may sell, transfer or transport 1824
its own products to, or obtain cannabis from, a cannabis establishment, 1825
cannabis testing laboratory or research program, utilizing its employees 1826
or a transporter. A food and beverage manufacturer may not deliver any 1827
cannabis, cannabis products or food or beverage incorporating cannabis 1828
to a consumer, directly or through a delivery service. 1829
Sec. 21. Subsection (d) of section 21a-420x of the 2024 supplement to 1830
the general statutes is repealed and the following is substituted in lieu 1831
thereof (Effective July 1, 2024): 1832
(d) A product manufacturer may sell, transfer or transport its own 1833
products to, or obtain cannabis from, a cannabis establishment, cannabis 1834
testing laboratory or research program, provided such transportation is 1835
performed by utilizing its own employees or a transporter. A product 1836
manufacturer may not deliver any cannabis to a consumer directly or 1837 Substitute Bill No. 5150
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through a delivery service. 1838
Sec. 22. Section 21a-420y of the 2024 supplement to the general 1839
statutes is repealed and the following is substituted in lieu thereof 1840
(Effective July 1, 2024): 1841
(a) On and after July 1, 2021, the department may issue or renew a 1842
license for a person to be a product packager. No person may act as a 1843
product packager or represent that such person is a product packager 1844
unless such person has obtained a license from the department pursuant 1845
to this section. 1846
(b) A product packager may obtain cannabis from a producer, 1847
cultivator, micro-cultivator, food and beverage manufacturer or a 1848
product manufacturer, provided the product packager utilizes its own 1849
employees or a transporter. The product packager may sell, transfer or 1850
transport cannabis to and from any cannabis establishment, cannabis 1851
testing laboratory or research program, provided the product packager 1852
only transports cannabis packaged at its licensed establishment and 1853
utilizing its own employees or a transporter. 1854
(c) A product packager shall be responsible for ensuring that 1855
cannabis products are labeled and packaged in compliance with the 1856
provisions of RERACA and the policies and procedures issued by the 1857
commissioner to implement, and any regulations adopted pursuant to, 1858
RERACA. 1859
(d) A product packager shall ensure all equipment utilized for 1860
processing and packaging cannabis is sanitary and inspected regularly 1861
to deter the adulteration of cannabis. 1862
(e) (1) A product packager may expand the product packager's 1863
authorized activities to include the authorized activities of a product 1864
manufacturer if: (A) The product packager submits to the department 1865
(i) a completed license expansion application on a form and in a manner 1866
prescribed by the commissioner, and (ii) the fee prescribed in 1867
subparagraph (B) of subdivision (7) of subsection (c) of section 21a-420e, 1868 Substitute Bill No. 5150
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as amended by this act; and (B) the commissioner authorizes the product 1869
packager, in writing, to expand such product packager's authorized 1870
activities to include the authorized activities of a product manufacturer. 1871
(2) A product packager that expands the product packager's 1872
authorized activities to include the authorized activities of a product 1873
manufacturer under this subsection shall comply with all provisions of 1874
this chapter, and all regulations, policies and procedures prescribed 1875
pursuant to this chapter, concerning product manufacturers. In the 1876
event of a conflict between any provision of this chapter, or any 1877
regulation, policy or procedure prescribed pursuant to this chapter, 1878
concerning product packagers and any such provision, regulation, 1879
policy or procedure concerning product manufacturers, the provision, 1880
regulation, policy or procedure imposing the more stringent public 1881
health and safety standard shall prevail. 1882
Sec. 23. Subsections (b) to (d), inclusive, of section 21a-420z of the 1883
2024 supplement to the general statutes are repealed and the following 1884
is substituted in lieu thereof (Effective July 1, 2024): 1885
(b) Upon application for a delivery service or transporter license, the 1886
applicant shall indicate whether the applicant is applying to (1) 1887
transport cannabis [(1)] and manufacturer hemp products, as defined in 1888
section 22-61l, between cannabis establishments, in which case the 1889
applicant shall apply for a transporter license, or (2) transport cannabis 1890
from certain cannabis establishments to consumers or qualifying 1891
patients and caregivers, or a combination thereof, in which case the 1892
applicant shall apply for a delivery service license. 1893
(c) A delivery service may (1) deliver cannabis from a micro-1894
cultivator, retailer, or hybrid retailer directly to a consumer, and (2) 1895
deliver cannabis and medical marijuana products from a hybrid retailer 1896
or dispensary facility directly to a qualifying patient, caregiver, or 1897
hospice or other inpatient care facility licensed by the Department of 1898
Public Health pursuant to chapter 368v that has protocols for the 1899
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Department of Consumer Protection. A delivery service may not store 1901
or maintain control of cannabis or medical marijuana products for more 1902
than twenty-four hours between the point when a consumer, qualifying 1903
patient, caregiver or facility places an order, until the time that the 1904
cannabis or medical marijuana product is delivered to such consumer, 1905
qualifying patient, caregiver or facility. 1906
(d) A transporter may deliver cannabis and manufacturer hemp 1907
products, as defined in section 22-61l, between cannabis establishments, 1908
research programs and cannabis testing laboratories and shall not store 1909
or maintain control of cannabis for more than twenty-four hours from 1910
the time the transporter obtains the cannabis from a cannabis 1911
establishment, research program or cannabis testing laboratory until the 1912
time such cannabis is delivered to the destination. 1913
Sec. 24. Subsection (b) of section 21a-421j of the 2024 supplement to 1914
the general statutes is repealed and the following is substituted in lieu 1915
thereof (Effective July 1, 2024): 1916
(b) The commissioner shall adopt regulations in accordance with 1917
chapter 54 to implement the provisions of RERACA. Notwithstanding 1918
the requirements of sections 4-168 to 4-172, inclusive, in order to 1919
effectuate the purposes of RERACA and protect public health and 1920
safety, prior to adopting such regulations the commissioner shall issue 1921
policies and procedures to implement the provisions of RERACA that 1922
shall have the force and effect of law. The commissioner shall post all 1923
policies and procedures on the department's Internet web site and 1924
submit such policies and procedures to the Secretary of the State for 1925
posting on the eRegulations System, at least fifteen days prior to the 1926
effective date of any policy or procedure. The commissioner shall also 1927
provide such policies and procedures, in a manner prescribed by the 1928
commissioner, to each licensee. Any such policy or procedure shall no 1929
longer be effective upon the earlier of either the adoption of the policy 1930
or procedure as a final regulation under section 4-172 or forty-eight 1931
months from June 22, 2021, if such regulations have not been submitted 1932
to the legislative regulation review committee for consideration under 1933 Substitute Bill No. 5150
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section 4-170. The commissioner shall issue policies and procedures and 1934
thereafter final regulations that include, but are not limited to, the 1935
following: 1936
(1) Setting appropriate dosage, potency, concentration and serving 1937
size limits and delineation requirements for cannabis, provided a 1938
standardized serving of edible cannabis product or beverage, other than 1939
a medical marijuana product, shall contain not more than five 1940
milligrams of THC. 1941
(2) Requiring that each single standardized serving of cannabis 1942
product in a multiple-serving edible product or beverage is physically 1943
demarked in a way that enables a reasonable person to determine how 1944
much of the product constitutes a single serving and a maximum 1945
amount of THC per multiple-serving edible cannabis product or 1946
beverage. 1947
(3) Requiring that, if it is impracticable to clearly demark every 1948
standardized serving of cannabis product or to make each standardized 1949
serving easily separable in an edible cannabis product or beverage, the 1950
product, other than cannabis concentrate or medical marijuana product, 1951
shall contain not more than five milligrams of THC per unit of sale. 1952
(4) Establishing, in consultation with the Department of Mental 1953
Health and Addiction Services, consumer health materials that shall be 1954
posted or distributed, as specified by the commissioner, by cannabis 1955
establishments to maximize dissemination to cannabis consumers. 1956
Consumer health materials may include pamphlets, packaging inserts, 1957
signage, online and printed advertisements and advisories and printed 1958
health materials. 1959
(5) Imposing labeling and packaging requirements for cannabis sold 1960
by a cannabis establishment that include, but are not limited to, the 1961
following: 1962
(A) Inclusion of universal symbols to indicate that cannabis, or a 1963
cannabis product, contains THC and is not legal or safe for individuals 1964 Substitute Bill No. 5150
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younger than twenty-one years of age, and prescribe how such product 1965
and product packaging shall utilize and exhibit such symbols. 1966
(B) A disclosure concerning the length of time it typically takes for 1967
the cannabis to affect an individual, including that certain forms of 1968
cannabis take longer to have an effect. 1969
(C) A notation of the amount of cannabis the cannabis product is 1970
considered the equivalent to. 1971
(D) A list of ingredients and all additives for cannabis. 1972
(E) [Child-resistant] Except as provided in subdivision (3) of 1973
subsection (f) of section 21a-420p, as amended by this act, child-1974
resistant, tamper-resistant and light-resistant packaging. [, including 1975
requiring that an edible product be individually wrapped.] For the 1976
purposes of this subparagraph, packaging shall be deemed to be (i) 1977
child-resistant if the packaging satisfies the standard for special 1978
packaging established in 16 CFR 1700.1(b)(4), as amended from time to 1979
time, (ii) tamper-resistant if the packaging has at least one barrier to, or 1980
indicator of, entry that would preclude the contents of such packaging 1981
from being accessed or adulterated without indicating to a reasonable 1982
person that such packaging has been breached, and (iii) light-resistant if 1983
the packaging is entirely and uniformly opaque and protects the entirety 1984
of the contents of such packaging from the effects of light. 1985
(F) [Packaging for] Except as provided in subdivision (3) of 1986
subsection (f) of section 21a-420p, as amended by this act, (i) packaging 1987
for cannabis intended for multiple servings to be resealable in such a 1988
manner so as to render such packaging continuously child-resistant, as 1989
described in subparagraph (E)(i) of this subdivision, and preserve the 1990
integrity of the contents of such packaging, and (ii) if packaging for 1991
cannabis intended for multiple servings contains any edible cannabis 1992
product, for each single standardized serving to be easily discernible 1993
and (I) individually wrapped, or (II) physically demarked and 1994
delineated as required under this subsection. 1995 Substitute Bill No. 5150
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(G) Impervious packaging that protects the contents of such 1996
packaging from contamination and exposure to any toxic or harmful 1997
substance, including, but not limited to, any glue or other adhesive or 1998
substance that is incorporated in such packaging. 1999
(H) Product tracking information sufficient to determine where and 2000
when the cannabis was grown and manufactured such that a product 2001
recall could be effectuated. 2002
(I) A net weight statement. 2003
(J) A recommended use by or expiration date. 2004
(K) Standard and uniform packaging and labeling, including, but not 2005
limited to, requirements (i) regarding branding or logos, (ii) that all 2006
packaging be opaque, and (iii) that amounts and concentrations of THC 2007
and cannabidiol, per serving and per package, be clearly marked on the 2008
packaging or label of any cannabis product sold. 2009
(L) For any cannabis concentrate cannabis product that contains a 2010
total THC percentage greater than thirty per cent, a warning that such 2011
cannabis product is a high-potency product and may increase the risk 2012
of psychosis. 2013
(M) Chemotypes, which shall be displayed as (i) "High THC, Low 2014
CBD" where the ratio of THC to CBD is greater than five to one and the 2015
total THC percentage is at least fifteen per cent, (ii) "Moderate THC, 2016
Moderate CBD" where the ratio of THC to CBD is at least one to five but 2017
not greater than five to one and the total THC percentage is greater than 2018
five per cent but less than fifteen per cent, (iii) "Low THC, High CBD" 2019
where the ratio of THC to CBD is less than one to five and the total THC 2020
percentage is not greater than five per cent, or (iv) the chemotype 2021
described in clause (i), (ii) or (iii) of this subparagraph that most closely 2022
fits the cannabis or cannabis product, as determined by mathematical 2023
analysis of the ratio of THC to CBD, where such cannabis or cannabis 2024
product does not fit a chemotype described in clause (i), (ii) or (iii) of 2025
this subparagraph. 2026 Substitute Bill No. 5150
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(N) A requirement that, prior to being sold and transferred to a 2027
consumer, qualifying patient or caregiver, cannabis packaging be 2028
clearly labeled, whether printed directly on such packaging or affixed 2029
by way of a separate label, other than an extended content label, with: 2030
(i) A unique identifier generated by a cannabis analytic tracking 2031
system maintained by the department and used to track cannabis under 2032
the policies and procedures issued, and final regulations adopted, by 2033
the commissioner pursuant to this section; and 2034
(ii) The following information concerning the cannabis contained in 2035
such packaging, which shall be in legible English, black lettering, Times 2036
New Roman font, flat regular typeface, on a contrasting background 2037
and in uniform size of not less than one-tenth of one inch, based on a 2038
capital letter "K", which information shall also be available on the 2039
Internet web site of the cannabis establishment that sells and transfers 2040
such cannabis: 2041
(I) The name of such cannabis, as registered with the department 2042
under the policies and procedures issued, and final regulations adopted, 2043
by the commissioner pursuant to this section. 2044
(II) The expiration date, which shall not account for any refrigeration 2045
after such cannabis is sold and transferred to the consumer, qualifying 2046
patient or caregiver. 2047
(III) The net weight or volume, expressed in metric and imperial 2048
units. 2049
(IV) The standardized serving size, expressed in customary units, and 2050
the number of servings included in such packaging, if applicable. 2051
(V) Directions for use and storage. 2052
(VI) Each active ingredient comprising at least one per cent of such 2053
cannabis, including cannabinoids, isomers, esters, ethers and salts and 2054
salts of isomers, esters and ethers, and all quantities thereof expressed 2055 Substitute Bill No. 5150
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in metric units and as a percentage of volume. 2056
(VII) A list of all known allergens, as identified by the federal Food 2057
and Drug Administration, contained in such cannabis, or the denotation 2058
"no known FDA identified allergens" if such cannabis does not contain 2059
any allergen identified by the federal Food and Drug Administration. 2060
(VIII) The following warning statement within, and outlined by, a red 2061
box: 2062
"This product is not FDA-approved, may be intoxicating, cause long-2063
term physical and mental health problems, and have delayed side 2064
effects. It is illegal to operate a vehicle or machinery under the influence 2065
of cannabis. Keep away from children." 2066
(IX) At least one of the following warning statements, rotated 2067
quarterly on an alternating basis: 2068
"Warning: Frequent and prolonged use of cannabis can contribute to 2069
mental health problems over time, including anxiety, depression, 2070
stunted brain development and impaired memory." 2071
"Warning: Consumption while pregnant or breastfeeding may be 2072
harmful." 2073
"Warning: Cannabis has intoxicating effects and may be habit-2074
forming and addictive." 2075
"Warning: Consuming more than the recommended amount may 2076
result in adverse effects requiring medical attention.". 2077
(X) All information necessary to comply with labeling requirements 2078
imposed under the laws of this state [or] and federal law, including, but 2079
not limited to, sections 21a-91 to 21a-120, inclusive, and 21a-151 to 21a-2080
159, inclusive, the Federal Food, Drug and Cosmetic Act, 21 USC 301 et 2081
seq., as amended from time to time, and the federal Fair Packaging and 2082
Labeling Act, 15 USC 1451 et seq., as amended from time to time, for 2083 Substitute Bill No. 5150
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similar products that do not contain cannabis. 2084
(XI) Such additional warning labels for certain cannabis products as 2085
the commissioner may require and post on the department's Internet 2086
web site. 2087
(6) Establishing laboratory testing standards, consumer disclosures 2088
concerning mold and yeast in cannabis and permitted remediation 2089
practices. 2090
(7) Restricting forms of cannabis products and cannabis product 2091
delivery systems to ensure consumer safety and deter public health 2092
concerns. 2093
(8) Prohibiting certain manufacturing methods, or inclusion of 2094
additives to cannabis products, including, but not limited to, (A) added 2095
flavoring, terpenes or other additives unless approved by the 2096
department, or (B) any form of nicotine or other additive containing 2097
nicotine. 2098
(9) Prohibiting cannabis product types that appeal to children. 2099
(10) Establishing physical and cyber security requirements related to 2100
build out, monitoring and protocols for cannabis establishments as a 2101
requirement for licensure. 2102
(11) Placing temporary limits on the sale of cannabis in the adult-use 2103
market, if deemed appropriate and necessary by the commissioner, in 2104
response to a shortage of cannabis for qualifying patients. 2105
(12) Requiring retailers and hybrid retailers to make best efforts to 2106
provide access to (A) low-dose THC products, including products that 2107
have one milligram and two and a half milligrams of THC per dose, and 2108
(B) high-dose CBD products. 2109
(13) Requiring producers, cultivators, micro-cultivators, product 2110
manufacturers and food and beverage manufacturers to register brand 2111 Substitute Bill No. 5150
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names for cannabis, in accordance with the policies and procedures and 2112
subject to the fee set forth in, regulations adopted under chapter 420f. 2113
(14) Prohibiting a cannabis establishment from selling, other than the 2114
sale of medical marijuana products between cannabis establishments 2115
and the sale of cannabis to qualified patients and caregivers, (A) 2116
cannabis flower or other cannabis plant material with a total THC 2117
concentration greater than thirty per cent on a dry-weight basis, and (B) 2118
any cannabis product other than cannabis flower and cannabis plant 2119
material with a total THC concentration greater than sixty per cent on a 2120
dry-weight basis, except that the provisions of subparagraph (B) of this 2121
subdivision shall not apply to the sale of prefilled cartridges for use in 2122
an electronic cannabis delivery system, as defined in section 19a-342a 2123
and the department may adjust the percentages set forth in 2124
subparagraph (A) or (B) of this subdivision in regulations adopted 2125
pursuant to this section for purposes of public health or to address 2126
market access or shortage. As used in this subdivision, "cannabis plant 2127
material" means material from the cannabis plant, as defined in section 2128
21a-279a. 2129
(15) Permitting the outdoor cultivation of cannabis. 2130
(16) Prohibiting packaging that is (A) visually similar to any 2131
commercially similar product that does not contain cannabis, or (B) used 2132
for any good that is marketed to individuals reasonably expected to be 2133
younger than twenty-one years of age. 2134
(17) Allowing packaging to include a picture of the cannabis product 2135
and contain a logo of one cannabis establishment, which logo may be 2136
comprised of not more than three colors and provided neither black nor 2137
white shall be considered one of such three colors. 2138
(18) Requiring packaging to (A) be entirely and uniformly one color, 2139
and (B) not incorporate any information, print, embossing, debossing, 2140
graphic or hidden feature, other than any permitted or required label. 2141
(19) Requiring that packaging and labeling for an edible cannabis 2142 Substitute Bill No. 5150
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product, excluding the warning labels required under this subsection 2143
and a picture of the cannabis product described in subdivision (17) of 2144
this subsection but including, but not limited to, the logo of the cannabis 2145
establishment, shall only be comprised of black and white or a 2146
combination thereof. 2147
(20) (A) Except as provided in subparagraph (B) of this subdivision, 2148
requiring that delivery device cartridges be labeled, in a clearly legible 2149
manner and in as large a font as the size of the device reasonably allows, 2150
with only the following information (i) the name of the cannabis 2151
establishment where the cannabis is grown or manufactured, (ii) the 2152
cannabis brand, (iii) the total THC and total CBD content contained 2153
within the delivery device cartridge, (iv) the expiration date, and (v) the 2154
unique identifier generated by a cannabis analytic tracking system 2155
maintained by the department and used to track cannabis under the 2156
policies and procedures issued, and final regulations adopted, by the 2157
commissioner pursuant to this section. 2158
(B) A cannabis establishment may emboss, deboss or similarly print 2159
the name of the cannabis establishment's business entity, and one logo 2160
with not more than three colors, on a delivery device cartridge. 2161
(21) Prescribing signage to be prominently displayed at dispensary 2162
facilities, retailers and hybrid retailers disclosing (A) possible health 2163
risks related to mold, and (B) the use and possible health risks related to 2164
the use of mold remediation techniques. 2165
Sec. 25. Subsection (b) of section 21a-421l of the general statutes is 2166
repealed and the following is substituted in lieu thereof (Effective July 1, 2167
2024): 2168
(b) A cannabis establishment shall (1) store all cannabis in such a 2169
manner as to prevent diversion, theft or loss, (2) make cannabis 2170
accessible only to the minimum number of specifically authorized 2171
employees essential for efficient operation, and (3) return any cannabis 2172
to a secure location at the end of the scheduled business day. For the 2173 Substitute Bill No. 5150
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purposes of this subsection, a location shall be deemed to be secure if 2174
the location satisfies the requirements imposed in subsection (b) of 2175
section 21a-262-4 of the regulations of Connecticut state agencies for 2176
controlled substances listed in schedules III, IV and V of the Connecticut 2177
controlled substance scheduling regulations adopted pursuant to 2178
section 21a-243. 2179
Sec. 26. Subsection (b) of section 21a-421bb of the 2024 supplement to 2180
the general statutes is repealed and the following is substituted in lieu 2181
thereof (Effective July 1, 2024): 2182
(b) Except as provided in subsection (d) of this section, cannabis 2183
establishments shall not: 2184
(1) Advertise, including, but not limited to, through a business name 2185
or logo, cannabis, cannabis paraphernalia or goods or services related to 2186
cannabis: 2187
(A) In ways that target or are designed to appeal to individuals under 2188
twenty-one years of age, including, but not limited to, spokespersons or 2189
celebrities who appeal to individuals under the legal age to purchase 2190
cannabis or cannabis products, depictions of a person under twenty-five 2191
years of age consuming cannabis, or, the inclusion of objects, such as 2192
toys, characters or cartoon characters, suggesting the presence of a 2193
person under twenty-one years of age, or any other depiction designed 2194
in any manner to be appealing to a person under twenty-one years of 2195
age; or 2196
(B) By using any image, or any other visual representation, of the 2197
cannabis plant or any part of the cannabis plant, including, but not 2198
limited to, the leaf of the cannabis plant; 2199
(2) Engage in any advertising by means of any form of billboard 2200
within one thousand five hundred feet of an elementary or secondary 2201
school ground or a house of worship, recreation center or facility, child 2202
care center, playground, public park or library, or engage in any 2203
advertising by means of a billboard between the hours of six o'clock a.m. 2204 Substitute Bill No. 5150
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and eleven o'clock p.m.; 2205
(3) Engage in advertising by means of any television, radio, Internet, 2206
mobile application, social media or other electronic communication, 2207
billboard or other outdoor signage, or print publication unless the 2208
cannabis establishment has reliable evidence that at least ninety per cent 2209
of the audience for the advertisement is reasonably expected to be 2210
twenty-one years of age or older; 2211
(4) Engage in advertising or marketing directed toward location-2212
based devices, including, but not limited to, cellular phones, unless the 2213
marketing is a mobile device application installed on the device by the 2214
owner of the device who is twenty-one years of age or older and 2215
includes a permanent and easy opt-out feature and warnings that the 2216
use of cannabis is restricted to persons twenty-one years of age or older; 2217
(5) Advertise cannabis or cannabis products in a manner claiming or 2218
implying, or permit any employee of the cannabis establishment to 2219
claim or imply, that such products have curative or therapeutic effects, 2220
or that any other medical claim is true, or allow any employee to 2221
promote cannabis for a wellness purpose unless such claims are 2222
substantiated as set forth in regulations adopted under chapter 420f or 2223
verbally conveyed by a licensed pharmacist or other licensed medical 2224
practitioner in the course of business in, or while representing, a hybrid 2225
retail or dispensary facility; 2226
(6) Sponsor charitable, sports, musical, artistic, cultural, social or 2227
other similar events or advertising at, or in connection with, such an 2228
event unless the cannabis establishment has reliable evidence that (A) 2229
not more than ten per cent of the in-person audience at the event is 2230
reasonably expected to be under the legal age to purchase cannabis or 2231
cannabis products, and (B) not more than ten per cent of the audience 2232
that will watch, listen or participate in the event is expected to be under 2233
the legal age to purchase cannabis products; 2234
(7) Advertise cannabis, cannabis products or cannabis paraphernalia 2235 Substitute Bill No. 5150
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in any physical form visible to the public within five hundred feet of an 2236
elementary or secondary school ground or a recreation center or facility, 2237
child care center, playground, public park or library; 2238
(8) Cultivate cannabis or manufacture cannabis products for 2239
distribution outside of this state in violation of federal law, advertise in 2240
any way that encourages the transportation of cannabis across state lines 2241
or otherwise encourages illegal activity; 2242
(9) Except for dispensary facilities and hybrid retailers, exhibit within 2243
or upon the outside of the facility used in the operation of a cannabis 2244
establishment, or include in any advertisement, the word "dispensary" 2245
or any variation of such term or any other words, displays or symbols 2246
indicating that such store, shop or place of business is a dispensary; 2247
(10) Exhibit within or upon the outside of the premises subject to the 2248
cannabis establishment license, or include in any advertisement the 2249
words "drug store", "pharmacy", "apothecary", "drug", "drugs" or 2250
"medicine shop" or any combination of such terms or any other words, 2251
displays or symbols indicating that such store, shop or place of business 2252
is a pharmacy; 2253
(11) Advertise on or in public or private vehicles or at bus stops, taxi 2254
stands, transportation waiting areas, train stations, airports or other 2255
similar transportation venues including, but not limited to, vinyl-2256
wrapped vehicles or signs or logos on transportation vehicles not 2257
owned by a cannabis establishment; 2258
(12) Display cannabis, cannabis products or any image, or any other 2259
visual representation, of the cannabis plant or any part of the cannabis 2260
plant, including, but not limited to, the leaf of the cannabis plant, so as 2261
to be clearly visible to a person from the exterior of the facility used in 2262
the operation of a cannabis establishment, or display signs or other 2263
printed material advertising any brand or any kind of cannabis or 2264
cannabis product, or including any image, or any other visual 2265
representation, of the cannabis plant or any part of the cannabis plant, 2266 Substitute Bill No. 5150
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including, but not limited to, the leaf of the cannabis plant, on the 2267
exterior of any facility used in the operation of a cannabis establishment; 2268
(13) Utilize radio or loudspeaker, in a vehicle or in or outside of a 2269
facility used in the operation of a cannabis establishment, for the 2270
purposes of advertising the sale of cannabis or cannabis products; [or] 2271
(14) Operate any web site advertising or depicting cannabis, cannabis 2272
products or cannabis paraphernalia unless such web site verifies that 2273
the entrants or users are twenty-one years of age or older; or 2274
(15) Engage in advertising or marketing that includes a discounted 2275
price or other promotional offering as an inducement to purchase any 2276
cannabis or cannabis product that is not a medical marijuana product. 2277
Sec. 27. Section 22-61m of the 2024 supplement to the general statutes 2278
is repealed and the following is substituted in lieu thereof (Effective July 2279
1, 2024): 2280
(a) No person shall manufacture in the state without a license to 2281
manufacture issued by the Commissioner of Consumer Protection. 2282
Nothing in this section shall be construed to prohibit a person who is 2283
licensed in another state to manufacture, handle, store and market 2284
manufacturer hemp products from applying for and obtaining a license 2285
in accordance with the provisions of this section. 2286
(b) Each applicant for a manufacturer license shall submit an 2287
application on a form and in a manner prescribed by the Commissioner 2288
of Consumer Protection. 2289
(c) The following fees shall apply for a license to manufacture: 2290
(1) A nonrefundable license application fee of seventy-five dollars; 2291
and 2292
(2) A nonrefundable licensing fee of three hundred seventy-five 2293
dollars for a license to manufacture hemp. 2294 Substitute Bill No. 5150
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(d) A license to manufacture issued by the Commissioner of 2295
Consumer Protection pursuant to this section shall expire triennially on 2296
June thirtieth. Such licenses shall not be transferable. 2297
(e) In accordance with a hearing held pursuant to chapter 54, the 2298
Commissioner of Consumer Protection may deny, suspend or revoke a 2299
manufacturer license, issue fines of not more than [two thousand five 2300
hundred] five thousand dollars per violation and place conditions upon 2301
a manufacturer licensee who violates the provisions of this section and 2302
any regulation adopted pursuant to this section. 2303
(f) (1) Any individual who manufactures in this state without 2304
obtaining a license pursuant to this section or who manufactures in this 2305
state after such entity's license is suspended or revoked shall be fined 2306
[two hundred fifty] ten thousand dollars in accordance with the 2307
provisions of section 51-164n. 2308
(2) Any entity who manufactures in this state without obtaining a 2309
license pursuant to this section, or who manufactures in this state after 2310
having a license suspended, shall be fined not more than [two thousand 2311
five hundred] five thousand dollars per violation after a hearing 2312
conducted in accordance with the provisions of chapter 54. 2313
(g) Nothing in this chapter or any regulations adopted pursuant to 2314
this chapter shall be construed to apply to persons licensed pursuant to 2315
section 21a-408i nor to require persons licensed pursuant to said section 2316
to obtain a license pursuant to this chapter. 2317
(h) The Commissioner of Consumer Protection may inspect and shall 2318
have access to the buildings, equipment, supplies, vehicles, records, real 2319
property and other information of any manufacturer applicant or 2320
licensee that the commissioner deems necessary to carry out the 2321
commissioner's duties pursuant to this section. 2322
(i) (1) Each manufacturer shall follow the protocol in this subsection 2323
for disposing of cannabis in the event that any hemp or hemp product 2324
is deemed to exceed the prescribed THC concentration, as determined 2325 Substitute Bill No. 5150
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by the Commissioner of Consumer Protection, or a manufacturer 2326
licensee in possession of hemp or hemp products who desires to dispose 2327
of obsolete, misbranded, excess or otherwise undesired product. Each 2328
manufacturer licensee shall be responsible for all costs of disposal of 2329
hemp samples and any hemp produced by such licensee that violates 2330
the provisions of this section or any regulation adopted pursuant to this 2331
section. Any cannabis that exceeds the prescribed THC concentration 2332
allowable in hemp or hemp products shall be immediately embargoed 2333
by such manufacturer and clearly labeled as adulterated by such 2334
licensee and such licensee shall immediately notify both the Department 2335
of Consumer Protection and the Department of Agriculture, in writing, 2336
of such adulterated product. Such adulterated product shall be 2337
destroyed and disposed of by the following method, as determined by 2338
the Commissioner of Consumer Protection: 2339
(A) Surrender, without compensation, of such hemp or hemp product 2340
to the Commissioner of Consumer Protection who shall be responsible 2341
for the destruction and disposal of such adulterated product; or 2342
(B) By disposal in a manner prescribed by the Commissioner of 2343
Consumer Protection. 2344
(2) Notwithstanding the provisions of subdivision (1) of this 2345
subsection, upon written request of a manufacturer, the Commissioner 2346
of Consumer Protection may permit such manufacturer to combine 2347
different batches of raw hemp plant material to achieve a THC 2348
concentration of 0.3 per cent on a dry weight basis, in lieu of embargo 2349
or destruction. 2350
(j) The manufacturer or manufacturer's authorized designee 2351
disposing of the hemp or hemp products shall maintain and make 2352
available to the Commissioner of Consumer Protection a record of each 2353
such disposal or destruction of product indicating: 2354
(1) The date, time and location of disposal or destruction; 2355
(2) The manner of disposal or destruction; 2356 Substitute Bill No. 5150
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(3) The batch or lot information and quantity of hemp or hemp 2357
product disposed of or destroyed; and 2358
(4) The signatures of the persons disposing of the hemp or hemp 2359
products, the authorized representative of the Commissioner of 2360
Consumer Protection and any other persons present during the 2361
disposal. 2362
(k) Any hemp intended to be manufactured by a manufacturer into a 2363
manufacturer hemp product shall be tested by an independent testing 2364
laboratory located in this state. A manufacturer licensee shall make 2365
available samples, in an amount and type determined by the 2366
Commissioner of Consumer Protection, of hemp for an independent 2367
testing laboratory employee to select random samples. The independent 2368
testing laboratory shall test each sample in accordance with the 2369
laboratory testing standards established in policies, procedures and 2370
regulations adopted by the commissioner pursuant to section 21a-421j, 2371
as amended by this act. 2372
(l) Once a batch of hemp, intended to be sold as a manufacturer hemp 2373
product, has been homogenized for sample testing and eventual 2374
packaging and sale, until the independent testing laboratory provides 2375
the results from its tests and analysis, the manufacturer shall segregate 2376
and withhold from use the entire batch of hemp that is intended for use 2377
as a manufacturer hemp product, except the samples that have been 2378
removed by the independent testing laboratory for testing. During this 2379
period of segregation, the manufacturer licensee shall maintain the 2380
hemp batch in a secure, cool and dry location, as prescribed by the 2381
Commissioner of Consumer Protection, so as to prevent the hemp from 2382
becoming adulterated. Such manufacturer shall not manufacture or sell 2383
a manufacturer hemp product prior to the time that the independent 2384
testing laboratory completes testing and analysis and provides such 2385
results, in writing, to the manufacturer licensee who initiated such 2386
testing. 2387
(m) An independent testing laboratory shall immediately return or 2388 Substitute Bill No. 5150
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dispose of any hemp or manufacturer hemp product upon the 2389
completion of any testing, use or research. If an independent testing 2390
laboratory disposes of hemp or manufacturer hemp products, the 2391
laboratory shall dispose of such hemp in the following manner, as 2392
determined by the Commissioner of Consumer Protection: 2393
(1) By surrender, without compensation, of such hemp or 2394
manufacturer hemp product to the Commissioner of Consumer 2395
Protection who shall be responsible for the destruction and disposal of 2396
such hemp or hemp product; or 2397
(2) By disposal in a manner prescribed by the Commissioner of 2398
Consumer Protection. 2399
(n) If a sample does not pass the microbiological, mycotoxin, heavy 2400
metal or pesticide chemical residue test, based on the laboratory testing 2401
standards established in policies, procedures and regulations adopted 2402
by the Commissioner of Consumer Protection pursuant to section 21a-2403
421j, as amended by this act, the manufacturer licensee who sent such 2404
batch for testing shall: 2405
(1) Retest and reanalyze the hemp from which the sample was taken 2406
by having an employee from the same laboratory randomly select 2407
another sample from the same hemp batch. If the sample used to retest 2408
or reanalyze such hemp yields satisfactory results for all testing 2409
required under this section, an employee from a different laboratory 2410
shall randomly select a different sample from the same hemp batch for 2411
testing. If both samples yield satisfactory results for all testing required 2412
under this section, the hemp batch from which the samples were taken 2413
shall be released for manufacturing, processing and sale; 2414
(2) If a remediation plan sufficient to ensure public health and safety 2415
is submitted to and approved by the commissioner, remediate the hemp 2416
batch from which the sample was taken and have a laboratory employee 2417
randomly select a sample from such remediated hemp batch for testing. 2418
If such randomly selected sample yields satisfactory results for any 2419 Substitute Bill No. 5150
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testing required under this section, an employee from a different 2420
laboratory shall randomly select a different sample from the same hemp 2421
batch for testing. If both samples yield satisfactory results for all testing 2422
required under this section, the hemp batch from which the samples 2423
were taken may be released for manufacturing, processing or sale; or 2424
(3) If the manufacturer does not retest or remediate, or if any 2425
subsequent laboratory testing does not yield satisfactory results for any 2426
testing required under this section, dispose of the entire batch from 2427
which the sample was taken in accordance with procedures established 2428
by the Commissioner of Consumer Protection pursuant to subdivision 2429
(1) of subsection (i) of this section. 2430
(o) If a sample passes the microbiological, mycotoxin, heavy metal 2431
and pesticide chemical residue test, the independent testing laboratory 2432
shall release the entire batch for manufacturing, processing or sale. 2433
(p) The independent testing laboratory shall file with the Department 2434
of Consumer Protection an electronic copy of each laboratory test result 2435
for any batch that does not pass the microbiological, mycotoxin, heavy 2436
metal or pesticide chemical residue test, at the same time that it 2437
transmits such results to the manufacturer licensee who requested such 2438
testing. Each independent testing laboratory shall maintain the test 2439
results of each tested batch for a period of three years and shall make 2440
such results available to the Department of Consumer Protection upon 2441
request. 2442
(q) Manufacturers shall maintain records required by the federal act, 2443
this section, any regulation adopted pursuant to this section and the 2444
policies, procedures and regulations adopted by the Commissioner of 2445
Consumer Protection pursuant to section 21a-421j, as amended by this 2446
act. Each manufacturer shall make such records available to the 2447
Department of Consumer Protection immediately upon request and in 2448
electronic format, if available. 2449
(r) The Commissioner of Consumer Protection may adopt 2450 Substitute Bill No. 5150
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regulations, in accordance with the provisions of chapter 54, to 2451
implement the provisions of this section including, but not limited to, 2452
establishing sampling and testing procedures to ensure compliance 2453
with this section, prescribing storage and disposal procedures for hemp, 2454
marijuana and manufacturer hemp products that fail to pass 2455
Department of Consumer Protection prescribed independent testing 2456
laboratory testing standards and establishing advertising and labeling 2457
requirements for manufacturer hemp products. 2458
(s) Any claim of health impacts, medical effects or physical or mental 2459
benefits shall be prohibited on any advertising for, labeling of or 2460
marketing of manufacturer hemp products regardless of whether such 2461
manufacturer hemp products were manufactured in this state or 2462
another jurisdiction. Any violation of this subsection shall be deemed an 2463
unfair or deceptive trade practice under subsection (a) of section 42-2464
110b. 2465
(t) Not later than February 1, 2020, the Commissioners of Agriculture 2466
and Consumer Protection shall submit a report, in accordance with 2467
section 11-4a, to the joint standing committee of the general assembly 2468
having cognizance of matters relating to the environment on the status 2469
of the pilot program, the development of the state plan and any 2470
regulations for such pilot program or state plan. Such report shall also 2471
include any legislative recommendations, including, but not limited to, 2472
any recommendations for requiring the registration of any 2473
manufacturer hemp product offered for sale in this state. 2474
(u) (1) Any person who sells manufacturer hemp products shall not 2475
be required to be licensed, provided such person only engages in: (A) 2476
The retail or wholesale sale of manufacturer hemp products in which no 2477
further manufacturing of hemp occurs, provided such manufacturer 2478
hemp products are acquired from a person authorized to manufacture 2479
the manufacturer hemp products under the laws of this state or another 2480
state, territory or possession of the United States or another sovereign 2481
entity; (B) the acquisition of manufacturer hemp products for the sole 2482
purpose of product distribution for resale; and (C) the retail sale of 2483 Substitute Bill No. 5150
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manufacturer hemp products that is authorized under federal or state 2484
law. 2485
(2) The Commissioner of Consumer Protection or Commissioner of 2486
Revenue Services may, pursuant to section 4-182, summarily suspend 2487
any credential the Department of Consumer Protection or Department 2488
of Revenue Services, respectively, issued to any person who [sells 2489
manufacturer hemp products in violation of subdivision (1) of this 2490
subsection or subsections (v) to (y), inclusive, of this section] violates 2491
any provision of this section or chapter 214c, 228d, 420f or 420h. 2492
(v) No manufacturer hemp product offered for sale in this state, or to 2493
a consumer in this state, shall contain any synthetic cannabinoid, as 2494
defined in section 21a-240, as amended by this act. 2495
(w) No manufacturer hemp product offered for sale in this state, or 2496
to a consumer in this state, shall be packaged, presented or advertised 2497
in a manner that is likely to mislead a consumer by incorporating any 2498
statement, brand, design, representation, picture, illustration or other 2499
depiction that: (1) Bears a reasonable resemblance to trademarked or 2500
characteristic packaging of (A) cannabis offered for sale (i) in this state 2501
by a cannabis establishment licensed in this state, or (ii) on tribal land 2502
by a tribal-credentialed cannabis entity, or (B) a commercially available 2503
product other than a cannabis product, as defined in section 21a-420, as 2504
amended by this act; or (2) implies that the manufacturer hemp product 2505
(A) is a cannabis product, as defined in section 21a-420, as amended by 2506
this act, (B) contains a total THC concentration greater than three-tenths 2507
per cent on a dry-weight basis, or (C) is a high-THC hemp product, as 2508
defined in section 21a-240, as amended by this act. 2509
(x) No manufacturer hemp product that is a food, beverage, oil or 2510
other product intended for human ingestion shall be distributed or sold 2511
in this state unless such product is contained within a package, or a label 2512
is affixed to such package, that includes: 2513
(1) A scannable barcode, Internet web site address or quick response 2514 Substitute Bill No. 5150
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code that is linked to the certificate of analysis of the final form product 2515
batch by an independent testing laboratory and discloses: 2516
(A) The name of such product; 2517
(B) The name, address and telephone number of such product's 2518
manufacturer, packer and distributor, as applicable; 2519
(C) The batch number, which shall match the batch number on such 2520
package or label; and 2521
(D) The concentration of cannabinoids present in such product, 2522
including, but not limited to, total THC and any cannabinoids or active 2523
ingredients comprising at least one per cent of such product; 2524
(2) The expiration or best by date for such product, if applicable; 2525
(3) A clear and conspicuous statement disclosing that: 2526
(A) Children, or those who are pregnant or breastfeeding, should 2527
avoid using such product prior to consulting with a health care 2528
professional concerning such product's safety; 2529
(B) Products containing cannabinoids should be kept out of reach of 2530
children; and 2531
(C) The federal Food and Drug Administration has not evaluated 2532
such product for safety or efficacy; and 2533
(4) If such product is intended to be inhaled, a clear and conspicuous 2534
warning statement disclosing that smoking or vaporizing is hazardous 2535
to human health. 2536
(y) No manufacturer hemp product that is a topical, soap or cosmetic, 2537
as defined in section 21a-92, shall be distributed or sold in this state 2538
unless such product is contained within a package, or a label is affixed 2539
to such package, that includes: 2540 Substitute Bill No. 5150
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(1) A scannable barcode, Internet web site address or quick response 2541
code that is linked to the certificate of analysis of the final form extract 2542
or final form product batch by an independent testing laboratory and 2543
discloses: 2544
(A) The name of such product; 2545
(B) The name, address and telephone number of such product's 2546
manufacturer, packer and distributor, as applicable; 2547
(C) The batch number, which shall match the batch number on such 2548
package or label; and 2549
(D) The concentration of cannabinoids present in such batch, 2550
including, but not limited to, total THC and any marketed cannabinoids; 2551
(2) The expiration or best by date for such product, if applicable; and 2552
(3) A clear and conspicuous statement disclosing the following: 2553
"THE FDA HAS NOT EVALUATED T HIS PRODUCT FOR SAFETY 2554
OR EFFICACY.". 2555
[(z) Any violation of subsections (u) to (y), inclusive, of this section 2556
shall be deemed an unfair or deceptive trade practice under subsection 2557
(a) of section 42-110b.] 2558
[(aa)] (z) Not later than October 31, 2023, and annually thereafter, the 2559
Department of Emergency Services and Public Protection shall, in 2560
consultation with the Department of Consumer Protection, publish a 2561
training bulletin to inform local law enforcement agencies and officers 2562
regarding the investigation and enforcement standards concerning 2563
cannabis and high-THC hemp products. 2564
[(bb)] (aa) Notwithstanding any provision of the general statutes: (1) 2565
CBD that is found in manufacturer hemp products shall not be 2566
considered a controlled substance, as defined in section 21a-240, as 2567
amended by this act, or legend drug, as defined in section 20-571; and 2568 Substitute Bill No. 5150
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(2) CBD derived from hemp and contained in manufacturer hemp 2569
products shall not be considered a controlled substance or adulterant. 2570
(bb) No manufacturer hemp product shall: (1) Contain a total THC 2571
concentration of (A) greater than three-tenths per cent on a dry-weight 2572
basis, or (B) two and one-half milligrams of total THC on a per-container 2573
basis; or (2) be sold in packaging that contains more than two containers 2574
per package. 2575
(cc) No manufacturer hemp product containing more than one-half 2576
of one milligram of total THC shall be sold to any consumer who is 2577
younger than twenty-one years of age. No individual or entity shall sell 2578
to a consumer any manufacturer hemp product containing more than 2579
one-half of one milligram of total THC without first verifying the 2580
consumer's age by examining a current, valid and government-issued 2581
driver's license or identity card to establish that such consumer is 2582
twenty-one years of age or older. 2583
(dd) No manufacturer hemp product shall be offered for sale in this 2584
state in the same establishment that offers for sale any products that are 2585
not hemp products. 2586
(ee) (1) Any violation of subsections (u) to (y), inclusive, of this section 2587
shall be deemed an unfair or deceptive trade practice under subsection 2588
(a) of section 42-110b. 2589
(2) Any violation of subsections (bb) to (dd), inclusive, of this section 2590
shall be deemed an unfair or deceptive trade practice under subsection 2591
(a) of section 42-110b and shall be enforced by the Attorney General. The 2592
provisions of section 42-110g shall apply to any violation of subsections 2593
(u) to (dd), inclusive, of this section. 2594
(ff) (1) Any municipality may, by vote of its legislative body, prohibit 2595
the operation of any business within such municipality that is found to 2596
be in violation of the provisions of this section or if such operation poses 2597
an immediate threat to public health and safety. 2598 Substitute Bill No. 5150
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(2) If the chief executive officer of a municipality determines that a 2599
business within the municipality is operating in violation of the 2600
provisions of this section or poses an immediate threat to public health 2601
and safety, the chief executive officer may apply to the Superior Court 2602
for an order under subdivision (3) of this subsection. 2603
(3) Upon an application under subdivision (2) of this subsection, the 2604
Superior Court, upon a finding that a business within the municipality 2605
is operating in violation of the provisions of this section or poses an 2606
immediate threat to public health and safety, may issue forthwith, ex 2607
parte and without a hearing, an order which shall direct the chief law 2608
enforcement officer of the municipality to take from such business 2609
possession and control of any merchandise related to such violation or 2610
immediate threat to public health and safety, which merchandise shall 2611
include, but need not be limited to, (A) any cannabis, cannabis product 2612
or manufacturer hemp product, (B) any cigarette, tobacco or tobacco 2613
product, (C) any merchandise related to the merchandise described in 2614
subparagraphs (A) and (B) of this subdivision, and (D) any proceeds 2615
related to the merchandise described in subparagraphs (A) to (C), 2616
inclusive, of this subdivision. 2617
(4) As used in this subsection, (A) "cigarette" has the same meaning 2618
as provided in section 4-28h, (B) "immediate threat to public health and 2619
safety" includes, but is not limited to, the presence of (i) any cannabis, 2620
cannabis product or manufacturer hemp product in connection with a 2621
violation of this section, or (ii) any cigarette or tobacco product 2622
alongside any cannabis, cannabis product or manufacturer hemp 2623
product, and (C) "operation" and "operating" mean engaging in the sale 2624
of, or otherwise offering for sale, goods and services to the general 2625
public, including, but not limited to, through indirect retail sales. 2626
(gg) (1) Any person who violates any provision of subsections (bb) to 2627
(dd), inclusive, of this section shall be assessed a civil penalty of thirty 2628
thousand dollars for each violation. Each day that such violation 2629
continues shall constitute a separate offense. 2630 Substitute Bill No. 5150
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(2) Any person who aids or abets any violation of the provisions of 2631
subsections (bb) to (dd), inclusive, of this section shall be assessed a civil 2632
penalty of thirty thousand dollars for each violation. Each day that such 2633
person aids or abets such violation shall constitute a separate offense. 2634
For the purposes of this subdivision, no person shall be deemed to have 2635
aided or abetted a violation of the provisions of subsections (bb) to (dd), 2636
inclusive, of this section unless (A) such person was the owner, officer, 2637
controlling shareholder or in a similar position of authority which 2638
allowed such person to make command or control decisions regarding 2639
the operations and management of another person who (i) is prohibited 2640
from selling or offering any manufacturer hemp product under 2641
subsections (bb) to (dd), inclusive, of this section, and (ii) sold or offered 2642
any manufacturer hemp product in violation of subsections (bb) to (dd), 2643
inclusive, of this section, (B) such person knew that such other person 2644
(i) is prohibited from selling or offering any manufacturer hemp 2645
product under subsections (bb) to (dd), inclusive, of this section, and (ii) 2646
sold or offered any manufacturer hemp product in violation of 2647
subsections (bb) to (dd), inclusive, of this section, (C) such person 2648
provided substantial assistance or encouragement in connection with 2649
the sale or offer of such manufacturer hemp product in violation of 2650
subsections (bb) to (dd), inclusive, of this section, and (D) such person's 2651
conduct was a substantial factor in furthering the sale or offer of such 2652
manufacturer hemp product in violation of subsections (bb) to (dd), 2653
inclusive, of this section. 2654
(3) Any person who manages or controls a commercial property, or 2655
who manages or controls a commercial building, room, space or 2656
enclosure, in such person's capacity as an owner, lessee, agent, 2657
employee or mortgagor, who knowingly leases, rents or makes such 2658
property, building, room, space or enclosure available for use, with or 2659
without compensation, for the purpose of any sale or offer of any 2660
manufacturer hemp product in violation of subsections (bb) to (dd), 2661
inclusive, of this section shall be assessed a civil penalty of ten thousand 2662
dollars for each violation. Each day that such violation continues shall 2663
constitute a separate offense. 2664 Substitute Bill No. 5150
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(4) No person other than the Attorney General, upon complaint of the 2665
Commissioner of Consumer Protection, or a municipality in which the 2666
violation of this section occurred shall investigate any violation of 2667
subsections (bb) to (dd), inclusive, of this section, assess any civil 2668
penalty under this subsection or institute a civil action to recover any 2669
civil penalty imposed under this subsection. If a municipality institutes 2670
a civil action to recover any civil penalty imposed under this subsection, 2671
such penalty shall be paid first to the municipality to reimburse such 2672
municipality for the costs incurred in instituting such action. One-half 2673
of the remainder, if any, shall be payable to the treasurer of such 2674
municipality and one-half of such remainder shall be payable to the 2675
Treasurer and deposited in the General Fund. 2676
(hh) Nothing in this section shall be construed to prohibit the 2677
shipment or transportation through this state of any hemp that is 2678
lawfully produced under federal law. 2679
Sec. 28. Subsection (c) of section 22-61n of the 2024 supplement to the 2680
general statutes is repealed and the following is substituted in lieu 2681
thereof (Effective July 1, 2024): 2682
(c) Hemp or hemp products purchased by a producer, cultivator, 2683
micro-cultivator, [or] product manufacturer or food and beverage 2684
manufacturer from a third party shall be tracked as a separate batch 2685
throughout the manufacturing process in order to document the 2686
disposition of such hemp or hemp products. Once hemp or hemp 2687
products are received by a producer, cultivator, micro-cultivator, [or] 2688
product manufacturer or food and beverage manufacturer, such hemp 2689
or hemp products shall be deemed cannabis and shall comply with the 2690
requirements for cannabis contained in the applicable provisions of the 2691
general statutes and any regulations adopted pursuant to such 2692
provisions. A producer, cultivator, micro-cultivator, [and] product 2693
manufacturer and food and beverage manufacturer shall retain a copy 2694
of the certificate of analysis for purchased hemp or hemp products and 2695
invoice and transport documents that evidence the quantity purchased 2696
and date received. 2697 Substitute Bill No. 5150
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Sec. 29. Subsection (b) of section 30-20 of the general statutes is 2698
repealed and the following is substituted in lieu thereof (Effective July 1, 2699
2024): 2700
(b) (1) A package store permit shall allow the retail sale of alcoholic 2701
liquor in sealed bottles or containers not to be consumed on the permit 2702
premises. The holder of a package store permit may, in accordance with 2703
regulations adopted by the Department of Consumer Protection 2704
pursuant to the provisions of chapter 54, (A) offer free samples of 2705
alcoholic liquor for tasting on the permit premises, (B) conduct fee-2706
based wine education and tasting classes and demonstrations, and (C) 2707
conduct tastings or demonstrations provided by a permittee or backer 2708
of the package store for a nominal charge to charitable nonprofit 2709
organizations. Any offering, tasting, wine education and tasting class or 2710
demonstration held on permit premises shall be conducted only during 2711
the hours the package store may sell alcoholic liquor under section 30-2712
91. No tasting of wine on the permit premises shall be offered from more 2713
than ten uncorked bottles at any one time. 2714
(2) No store operating under a package store permit shall sell any 2715
commodity other than alcoholic liquor except, notwithstanding any 2716
other provision of law, such store may sell (A) cigarettes and cigars, (B) 2717
publications, (C) bar utensils, including, but not limited to, corkscrews, 2718
beverage strainers, stirrers or other similar items used to consume, or 2719
related to the consumption of, alcoholic liquor, (D) gift packages of 2720
alcoholic liquor shipped into the state by a manufacturer or out-of-state 2721
shipper, which gift packages may include nonalcoholic items, other than 2722
food or tobacco products, if the dollar value of the nonalcoholic items in 2723
such gift package does not exceed the dollar value of the alcoholic items 2724
in such gift package, (E) complementary fresh fruits used in the 2725
preparation of mixed alcoholic beverages, (F) cheese, crackers or both, 2726
(G) olives, (H) nonalcoholic beverages, (I) concentrates used in the 2727
preparation of mixed alcoholic beverages, (J) beer and wine-making kits 2728
and products related to such kits, (K) ice in any form, (L) articles of 2729
clothing imprinted with advertising related to the alcoholic liquor 2730 Substitute Bill No. 5150
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industry, (M) gift baskets or other containers of alcoholic liquor, (N) 2731
multiple packages of alcoholic liquors, provided in all such cases the 2732
minimum retail selling price for such alcoholic liquor shall apply, (O) 2733
lottery tickets authorized by the Department of Consumer Protection, if 2734
licensed as an agent to sell such tickets by the department, (P) devices 2735
and related accessories designed primarily for accessing and extracting 2736
a beverage containing alcohol from prepackaged containers, including, 2737
but not limited to, pods, pouches or similar containers, but excluding 2738
devices, including, but not limited to, household blenders, that are not 2739
designed primarily for such purposes, (Q) alcohol-infused confections 2740
containing not more than one-half of one per cent of alcohol by weight 2741
and which the commissioner has approved for sale under section 21a-2742
101, [and] (R) gift baskets containing only containers of alcoholic liquor 2743
and commodities authorized for sale under subparagraphs (A) to (Q), 2744
inclusive, of this subdivision, and (S) infused beverages, as defined in 2745
section 21a-420, as amended by this act, provided the package store 2746
permittee purchased such infused beverages from the holder of a 2747
wholesaler permit or a wholesaler permit for beer issued under section 2748
30-17. A package store permit shall also allow the taking and 2749
transmitting of orders for delivery of such merchandise in other states. 2750
Notwithstanding any other provision of law, a package store permit 2751
shall allow the participation in any lottery ticket promotion or giveaway 2752
sponsored by the department. The annual fee for a package store permit 2753
shall be five hundred thirty-five dollars. 2754
Sec. 30. Section 30-63 of the general statutes is repealed and the 2755
following is substituted in lieu thereof (Effective July 1, 2024): 2756
(a) No holder of any manufacturer, wholesaler or out-of-state 2757
shipper's permit shall ship, transport or deliver within this state, or sell 2758
or offer for sale, any alcoholic liquors, except for beer manufactured by 2759
a permittee in this state and sold for consumption only on the 2760
permittee's premises, unless the name of the brand, trade name or other 2761
distinctive characteristic by which such alcoholic liquors are bought and 2762
sold, the name and address of the manufacturer thereof and the name 2763 Substitute Bill No. 5150
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and address of each wholesaler permittee who is authorized by the 2764
manufacturer or his authorized representative to sell such alcoholic 2765
liquors are registered with the Department of Consumer Protection and 2766
until such brand, trade name or other distinctive characteristic has been 2767
approved by the department. Such registration shall be valid for a 2768
period of three years. The fee for such registration, or renewal thereof, 2769
shall be two hundred dollars for out-of-state shippers and fifteen dollars 2770
for Connecticut manufacturers for each brand so registered, payable by 2771
the manufacturer or such manufacturer's authorized representative 2772
when such liquors are manufactured in the United States and by the 2773
importer or such importer's authorized representative when such 2774
liquors are imported into the United States. The department shall not 2775
approve the brand registration of any fortified wine, as defined in 2776
section 12-433, which is labeled, packaged or canned so as to appear to 2777
be a wine or liquor cooler, as defined in section 12-433. 2778
(b) No manufacturer, wholesaler or out-of-state shipper permittee 2779
shall discriminate in any manner in price discounts between one 2780
permittee and another on sales or purchases of alcoholic liquors bearing 2781
the same brand or trade name and of like age, size and quality, nor shall 2782
such manufacturer, wholesaler or out-of-state shipper permittee allow 2783
in any form any discount, rebate, free goods, allowance or other 2784
inducement for the purpose of making sales or purchases. Nothing in 2785
this subsection shall be construed to prohibit beer manufacturers, beer 2786
wholesalers or beer out-of-state shipper permittees from differentiating 2787
in the manner in which their products are packaged on the basis of on-2788
site or off-site consumption. 2789
(c) For alcoholic liquor other than beer, each manufacturer, 2790
wholesaler and out-of-state shipper permittee shall post with the 2791
department, on a monthly basis, the bottle, can and case price of any 2792
brand of goods offered for sale in Connecticut, which price when so 2793
posted shall be the controlling price for such manufacturer, wholesaler 2794
or out-of-state permittee for the month following such posting. On and 2795
after July 1, 2005, for beer, each manufacturer, wholesaler and out-of-2796 Substitute Bill No. 5150
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state shipper permittee shall post with the department, on a monthly 2797
basis, the bottle, can and case price, and the price per keg or barrel or 2798
fractional unit thereof for any brand of goods offered for sale in 2799
Connecticut which price when so posted shall be the controlling price 2800
for such brand of goods offered for sale in this state for the month 2801
following such posting. Such manufacturer, wholesaler and out-of-state 2802
shipper permittee may also post additional prices for such bottle, can, 2803
case, keg or barrel or fractional unit thereof for a specified portion of the 2804
following month which prices when so posted shall be the controlling 2805
prices for such bottle, can, case, keg or barrel or fractional unit thereof 2806
for such specified portion of the following month. Notice of all 2807
manufacturer, wholesaler and out-of-state shipper permittee prices 2808
shall be given to permittee purchasers by direct mail, Internet web site 2809
or advertising in a trade publication having circulation among the retail 2810
permittees except a wholesaler permittee may give such notice by hand 2811
delivery. Price postings with the department setting forth wholesale 2812
prices to retailers shall be available for inspection during regular 2813
business hours at the offices of the department by manufacturers and 2814
wholesalers until three o'clock p.m. of the first business day after the last 2815
day for posting prices. A manufacturer or wholesaler may amend such 2816
manufacturer's or wholesaler's posted price for any month to meet a 2817
lower price posted by another manufacturer or wholesaler with respect 2818
to alcoholic liquor bearing the same brand or trade name and of like age, 2819
vintage, quality and unit container size; provided that any such 2820
amended price posting shall be filed before three o'clock p.m. of the 2821
fourth business day after the last day for posting prices; and provided 2822
further such amended posting shall not set forth prices lower than those 2823
being met. Any manufacturer or wholesaler posting an amended price 2824
shall, at the time of posting, identify in writing the specific posting being 2825
met. On and after July 1, 2005, all wholesaler postings, other than for 2826
beer, for the following month shall be provided to retail permittees not 2827
later than the twenty-seventh day of the month prior to such posting. 2828
All wholesaler postings for beer shall be provided to retail permittees 2829
not later than the twentieth day of the month prior to such posting. 2830 Substitute Bill No. 5150
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(d) Monthly price schedules on a family brand case shall contain the 2831
bottle price for each item contained in the family brand case, the unit 2832
price and the case price. The bottle price posted for a family brand case 2833
shall be equal to the bottle price posted for the same month in a case 2834
containing the one class and specific brand of alcoholic liquor. For 2835
purposes of this subsection, "family brand" means a group of different 2836
products belonging to a single brand that are marketed under a parent 2837
brand. Family brand cases shall be assembled and packaged by the 2838
supplier or by a third party, on behalf of the supplier, and shall not be 2839
assembled by the wholesaler. 2840
(e) The provisions of this section shall not apply to the sale or 2841
distribution of infused beverages, as defined in section 21a-420, as 2842
amended by this act. 2843
Sec. 31. (NEW) (Effective July 1, 2024) (a) For the purposes of this 2844
section, "infused beverage" has the same meaning as provided in section 2845
21a-420 of the general statutes, as amended by this act. 2846
(b) A fee of fifty cents shall be assessed by the holder of a wholesaler 2847
permit or a wholesaler permit for beer issued under section 30-17 of the 2848
general statutes on each infused beverage container sold to the holder 2849
of a package store permit issued under subsection (b) of section 30-20 of 2850
the general statutes, as amended by this act. Such fee shall not be subject 2851
to any sales tax or treated as income pursuant to any provision of the 2852
general statutes. 2853
(c) On January 2, 2025, and every six months thereafter, each holder 2854
of a wholesaler permit or a wholesaler permit for beer issued under 2855
section 30-17 of the general statutes shall remit payment to the 2856
department for each infused beverage container sold during the 2857
preceding six-month period. The funds received by the department 2858
from infused beverage sales shall be deposited in the consumer 2859
protection enforcement account established in section 21a-8a of the 2860
general statutes, as amended by this act, for the purposes of (1) 2861
protecting public health and safety, (2) educating consumers and 2862 Substitute Bill No. 5150
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licensees, and (3) ensuring compliance with cannabis and liquor control 2863
laws. 2864
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2024 21a-8a(a)
Sec. 2 July 1, 2024 21a-240
Sec. 3 July 1, 2024 21a-408
Sec. 4 July 1, 2024 New section
Sec. 5 July 1, 2024 21a-420
Sec. 6 July 1, 2024 New section
Sec. 7 July 1, 2024 New section
Sec. 8 July 1, 2024 New section
Sec. 9 July 1, 2024 New section
Sec. 10 July 1, 2024 New section
Sec. 11 July 1, 2024 21a-420c
Sec. 12 July 1, 2024 21a-420d(i) to (k)
Sec. 13 July 1, 2024 21a-420e(c)
Sec. 14 July 1, 2024 21a-420g(b)
Sec. 15 July 1, 2024 21a-420m(b)
Sec. 16 July 1, 2024 21a-420o
Sec. 17 July 1, 2024 21a-420p
Sec. 18 July 1, 2024 21a-420u(b)
Sec. 19 July 1, 2024 21a-420v
Sec. 20 July 1, 2024 21a-420w(d)
Sec. 21 July 1, 2024 21a-420x(d)
Sec. 22 July 1, 2024 21a-420y
Sec. 23 July 1, 2024 21a-420z(b) to (d)
Sec. 24 July 1, 2024 21a-421j(b)
Sec. 25 July 1, 2024 21a-421l(b)
Sec. 26 July 1, 2024 21a-421bb(b)
Sec. 27 July 1, 2024 22-61m
Sec. 28 July 1, 2024 22-61n(c)
Sec. 29 July 1, 2024 30-20(b)
Sec. 30 July 1, 2024 30-63
Sec. 31 July 1, 2024 New section
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Statement of Legislative Commissioners:
In Section 4(e)(2)(B), "not later than" was changed to "at least" for clarity;
in Section 5(59), ", as defined in section 22-61l," was added after
"manufacturer hemp products" for clarity; and in Section 8(b)(1),
"producer" was changed to "hemp producer" for internal consistency.
GL Joint Favorable Subst.