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Connecticut House Bill HB05150

Connecticut 2024 Regular Session

Connecticut House Bill HB05150 Compare Versions

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4-Substitute House Bill No. 5150
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6-Public Act No. 24-76
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5+General Assembly Substitute Bill No. 5150
6+February Session, 2024
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912 AN ACT CONCERNING CANNABIS AND HEMP REGULATION.
1013 Be it enacted by the Senate and House of Representatives in General
1114 Assembly convened:
1215
13-Section 1. Section 21a-240 of the 2024 supplement to the general
14-statutes is repealed and the following is substituted in lieu thereof
15-(Effective July 1, 2024):
16-The following words and phrases, as used in this chapter, shall have
17-the following meanings, unless the context otherwise requires:
18-(1) "Abuse of drugs" means the use of controlled substances solely for
19-their stimulant, depressant or hallucinogenic effect upon the higher
20-functions of the central nervous system and not as a therapeutic agent
21-prescribed in the course of medical treatment or in a program of
22-research operated under the direction of a physician or pharmacologist.
23-(2) "Administer" means the direct application of a controlled
24-substance, whether by injection, inhalation, ingestion or any other
25-means, to the body of a patient or research subject by: (A) A practitioner,
26-or, in the practitioner's presence, by the practitioner's authorized agent;
27-[, or] (B) the patient or research subject at the direction and in the
28-presence of the practitioner; [,] or (C) a nurse or intern under the
29-direction and supervision of a practitioner. Substitute House Bill No. 5150
30-
31-Public Act No. 24-76 2 of 109
32-
33-(3) "Agent" means an authorized person who acts on behalf of or at
34-the direction of a manufacturer, distributor, dispenser or prescribing
35-practitioner, but does not include a common or contract carrier, public
36-warehouseman [,] or employee of the carrier or warehouseman.
37-(4) "Amphetamine-type substances" include amphetamine, optical
38-isomers thereof, salts of amphetamine and its isomers, and chemical
39-compounds which are similar thereto in chemical structure or which are
40-similar thereto in physiological effect, and which show a like potential
41-for abuse, which are controlled substances under this chapter unless
42-modified.
43-(5) "Barbiturate-type drugs" include barbituric acid and its salts,
44-derivatives thereof and chemical compounds which are similar thereto
45-in chemical structure or which are similar thereto in physiological effect,
46-and which show a like potential for abuse, which are controlled
47-substances under this chapter unless modified.
48-(6) "Bureau" means the Bureau of Narcotics and Dangerous Drugs,
49-United States Department of Justice, or its successor agency.
50-(7) "Cannabis-type substances" include all parts of any plant, or
51-species of the genus cannabis or any infra specific taxon thereof whether
52-growing or not; [the seeds thereof;] the resin extracted from any part of
53-such a plant; and every compound, manufacture, salt, derivative,
54-mixture or preparation of such plant, [its seeds] or its resin; but shall not
55-include the mature stalks of such plant, fiber produced from such stalks,
56-oil or cake made from the seeds of such plant, any other compound,
57-manufacture, salt, derivative, mixture or preparation of such mature
58-stalks, except the resin extracted therefrom, fiber, oil or cake, the
59-[sterilized] seed of such plant, [which is incapable of germination,] or
60-hemp, as defined in 7 USC 1639o, as amended from time to time.
61-Included are cannabinon, cannabinol, cannabidiol and chemical
62-compounds which are similar to cannabinon, cannabinol or cannabidiol Substitute House Bill No. 5150
63-
64-Public Act No. 24-76 3 of 109
65-
66-in chemical structure or which are similar thereto in physiological effect,
67-and which show a like potential for abuse, which are controlled
68-substances under this chapter unless derived from hemp, as defined in
69-section 22-61l, as amended by this act.
70-(8) "Controlled drugs" are those drugs which contain any quantity of
71-a substance which has been designated as subject to the federal
72-Controlled Substances Act, or which has been designated as a
73-depressant or stimulant drug pursuant to federal food and drug laws,
74-or which has been designated by the Commissioner of Consumer
75-Protection pursuant to section 21a-243, as having a stimulant,
76-depressant or hallucinogenic effect upon the higher functions of the
77-central nervous system and as having a tendency to promote abuse or
78-psychological or physiological dependence, or both. Such controlled
79-drugs are classifiable as amphetamine-type, barbiturate-type, cannabis-
80-type, cocaine-type, hallucinogenic, morphine-type and other stimulant
81-and depressant drugs. Specifically excluded from controlled drugs and
82-controlled substances are alcohol, nicotine and caffeine.
83-(9) "Controlled substance" means a drug, substance [,] or immediate
84-precursor in schedules I to V, inclusive, of the Connecticut controlled
85-substance scheduling regulations adopted pursuant to section 21a-243.
86-(10) "Counterfeit substance" means a controlled substance which, or
87-the container or labeling of which, without authorization, bears the
88-trademark, trade name or other identifying mark, imprint, number or
89-device, or any likeness thereof, of a manufacturer, distributor or
90-dispenser other than the person who in fact manufactured, distributed
91-or dispensed the substance.
92-(11) "Deliver or delivery" means the actual, constructive or attempted
93-transfer from one person to another of a controlled substance, whether
94-or not there is an agency relationship. Substitute House Bill No. 5150
95-
96-Public Act No. 24-76 4 of 109
97-
98-(12) "Dentist" means a person authorized by law to practice dentistry
99-in this state.
100-(13) "Dispense" means to deliver a controlled substance to an ultimate
101-user or research subject by or pursuant to the lawful order of a
102-practitioner, including the prescribing, administering, packaging,
103-labeling or compounding necessary to prepare the substance for the
104-delivery.
105-(14) "Dispenser" means a practitioner who dispenses.
106-(15) "Distribute" means to deliver other than by administering or
107-dispensing a controlled substance.
108-(16) "Distributor" means a person who distributes and includes a
109-wholesaler who is a person supplying or distributing controlled drugs
110-which the person personally has not produced or prepared to hospitals,
111-clinics, practitioners, pharmacies, other wholesalers, manufacturers and
112-federal, state and municipal agencies.
113-(17) "Drug" means: (A) [substances] Substances recognized as drugs
114-in the official United States Pharmacopoeia, official Homeopathic
115-Pharmacopoeia of the United States, or official National Formulary, or
116-any supplement to any of them; (B) substances intended for use in the
117-diagnosis, cure, mitigation, treatment or prevention of disease in man
118-or animals; (C) substances, other than food, intended to affect the
119-structure or any function of the body of man or animals; and (D)
120-substances intended for use as a component of any article specified in
121-subparagraph (A), (B) or (C) of this subdivision. [It] "Drug" does not
122-include devices or their components, parts or accessories.
123-(18) "Drug dependence" means a psychoactive substance dependence
124-on drugs as that condition is defined in the most recent edition of the
125-"Diagnostic and Statistical Manual of Mental Disorders" of the American
126-Psychiatric Association. Substitute House Bill No. 5150
127-
128-Public Act No. 24-76 5 of 109
129-
130-(19) "Drug-dependent person" means a person who has a
131-psychoactive substance dependence on drugs as that condition is
132-defined in the most recent edition of the "Diagnostic and Statistical
133-Manual of Mental Disorders" of the American Psychiatric Association.
134-(20) (A) "Drug paraphernalia" means equipment, products and
135-materials of any kind that are used, intended for use or designed for use
136-in planting, propagating, cultivating, growing, harvesting,
137-manufacturing, compounding, converting, producing, processing,
138-preparing, testing, analyzing, packaging, repackaging, storing,
139-containing or concealing, or ingesting, inhaling or otherwise
140-introducing into the human body, any controlled substance contrary to
141-the provisions of this chapter, including, but not limited to: (i) Kits
142-intended for use or designed for use in planting, propagating,
143-cultivating, growing or harvesting of any species of plant that is a
144-controlled substance or from which a controlled substance can be
145-derived; (ii) kits used, intended for use or designed for use in
146-manufacturing, compounding, converting, producing, processing or
147-preparing controlled substances; (iii) isomerization devices used or
148-intended for use in increasing the potency of any species of plant that is
149-a controlled substance; (iv) testing equipment used, intended for use or
150-designed for use in identifying or analyzing the strength, effectiveness
151-or purity of controlled substances; (v) dilutents and adulterants,
152-including, but not limited to, quinine hydrochloride, mannitol, mannite,
153-dextrose and lactose used, intended for use or designed for use in
154-cutting controlled substances; (vi) separation gins and sifters used,
155-intended for use or designed for use in removing twigs and seeds from,
156-or in otherwise cleaning or refining, marijuana; (vii) capsules and other
157-containers used, intended for use or designed for use in packaging small
158-quantities of controlled substances; (viii) containers and other objects
159-used, intended for use or designed for use in storing or concealing
160-controlled substances; and (ix) objects used, intended for use or
161-designed for use in ingesting, inhaling, or otherwise introducing Substitute House Bill No. 5150
162-
163-Public Act No. 24-76 6 of 109
164-
165-marijuana, cocaine, hashish [,] or hashish oil into the human body,
166-including, but not limited to, wooden, acrylic, glass, stone, plastic or
167-ceramic pipes with screens, permanent screens, hashish heads or
168-punctured metal bowls; water pipes; carburetion tubes and devices;
169-smoking and carburetion masks; roach clips; miniature cocaine spoons
170-and cocaine vials; chamber pipes; carburetor pipes; electric pipes; air-
171-driven pipes; chillums; bongs; ice pipes and chillers. "Drug
172-paraphernalia" does not include a product used by a manufacturer
173-licensed pursuant to this chapter for the activities permitted under the
174-license or by an individual to test any substance prior to injection,
175-inhalation or ingestion of the substance to prevent accidental overdose
176-by injection, inhalation or ingestion of the substance, provided the
177-licensed manufacturer or individual is not using the product to engage
178-in the unlicensed manufacturing or distribution of controlled
179-substances. As used in this subdivision, "roach clip" means an object
180-used to hold burning material, including, but not limited to, a marijuana
181-cigarette, that has become too small or too short to be held between the
182-fingers.
183-(B) "Factory" means any place used for the manufacturing, mixing,
184-compounding, refining, processing, packaging, distributing, storing,
185-keeping, holding, administering or assembling illegal substances
186-contrary to the provisions of this chapter, or any building, rooms or
187-location which contains equipment or paraphernalia used for this
188-purpose.
189-(21) "Federal Controlled Substances Act, 21 USC 801 et seq." means
190-Public Law 91-513, the Comprehensive Drug Abuse Prevention and
191-Control Act of 1970.
192-(22) "Federal food and drug laws" means the federal Food, Drug and
193-Cosmetic Act, as amended, Title 21 USC 301 et seq.
194-(23) "Hallucinogenic substances" are psychodysleptic substances, Substitute House Bill No. 5150
195-
196-Public Act No. 24-76 7 of 109
197-
198-other than cannabis-type substances, which assert a confusional or
199-disorganizing effect upon mental processes or behavior and mimic
200-acute psychotic disturbances. Exemplary of such drugs are mescaline,
201-peyote, psilocyn and d-lysergic acid diethylamide, which are controlled
202-substances under this chapter unless modified.
203-(24) "Hospital", as used in sections 21a-243 to 21a-283, inclusive,
204-means an institution for the care and treatment of the sick and injured,
205-approved by the Department of Public Health or the Department of
206-Mental Health and Addiction Services as proper to be entrusted with
207-the custody of controlled drugs and substances and professional use of
208-controlled drugs and substances under the direction of a licensed
209-practitioner.
210-(25) "Intern" means a person who holds a degree of doctor of
211-medicine or doctor of dental surgery or medicine and whose period of
212-service has been recorded with the Department of Public Health and
213-who has been accepted and is participating in training by a hospital or
214-institution in this state. Doctors meeting the foregoing requirements and
215-commonly designated as "residents" and "fellows" shall be regarded as
216-interns for purposes of this chapter.
217-(26) "Immediate precursor" means a substance which the
218-Commissioner of Consumer Protection has found to be, and by
219-regulation designates as being, the principal compound commonly used
220-or produced primarily for use, and which is an immediate chemical
221-intermediary used or likely to be used, in the manufacture of a
222-controlled substance, the control of which is necessary to prevent, curtail
223-or limit manufacture.
224-(27) "Laboratory" means a laboratory approved by the Department of
225-Consumer Protection as proper to be entrusted with the custody of
226-controlled substances and the use of controlled substances for scientific
227-and medical purposes and for purposes of instruction, research or Substitute House Bill No. 5150
228-
229-Public Act No. 24-76 8 of 109
230-
231-analysis.
232-(28) "Manufacture" means the production, preparation, cultivation,
233-growing, propagation, compounding, conversion or processing of a
234-controlled substance, either directly or indirectly by extraction from
235-substances of natural origin, or independently by means of chemical
236-synthesis, or by a combination of extraction and chemical synthesis, and
237-includes any packaging or repackaging of the substance or labeling or
238-relabeling of its container, except that this term does not include the
239-preparation or compounding of a controlled substance by an individual
240-for the individual's own use or the preparation, compounding,
241-packaging or labeling of a controlled substance: (A) By a practitioner as
242-an incident to the practitioner administering or dispensing of a
243-controlled substance in the course of such practitioner's professional
244-practice; [,] or (B) by a practitioner, or by the practitioner's authorized
245-agent under such practitioner's supervision, for the purpose of, or as an
246-incident to, research, teaching or chemical analysis and not for sale.
247-(29) "Marijuana" means all parts of any plant, or species of the genus
248-cannabis or any infra specific taxon thereof, whether growing or not;
249-[the seeds thereof;] the resin extracted from any part of the plant; every
250-compound, manufacture, salt, derivative, mixture [,] or preparation of
251-such plant, or its [seeds or] resin; [,] any high-THC hemp product;
252-manufactured cannabinoids; [, synthetic cannabinoids, except as
253-provided in subparagraph (E) of this subdivision;] or cannabinon,
254-cannabinol or cannabidiol and chemical compounds which are similar
255-to cannabinon, cannabinol or cannabidiol in chemical structure or which
256-are similar thereto in physiological effect, which are controlled
257-substances under this chapter, except cannabidiol derived from hemp,
258-as defined in section 22-61l, as amended by this act, that is not a high-
259-THC hemp product. "Marijuana" does not include: (A) The mature
260-stalks of such plant, fiber produced from such stalks, oil or cake made
261-from the seeds of such plant, any other compound, manufacture, salt, Substitute House Bill No. 5150
262-
263-Public Act No. 24-76 9 of 109
264-
265-derivative, mixture or preparation of such mature stalks, except the
266-resin extracted from such mature stalks or fiber, oil or cake; (B) the
267-[sterilized] seed of such plant; [which is incapable of germination;] (C)
268-hemp, as defined in section 22-61l, as amended by this act, (i) with a total
269-THC concentration of not more than three-tenths per cent on a dry-
270-weight basis, and (ii) that is not a high-THC hemp product; (D) any
271-substance approved by the federal Food and Drug Administration or
272-successor agency as a drug and reclassified in any schedule of controlled
273-substances or unscheduled by the federal Drug Enforcement
274-Administration or successor agency which is included in the same
275-schedule designated by the federal Drug Enforcement Administration
276-or successor agency; or (E) [synthetic cannabinoids which are controlled
277-substances that are designated by the Commissioner of Consumer
278-Protection, by whatever official, common, usual, chemical or trade name
279-designation, as controlled substances and are classified in the
280-appropriate schedule in accordance with subsections (i) and (j) of section
281-21a-243] infused beverages, as defined in section 26 of this act.
282-(30) "Narcotic substance" means any of the following, whether
283-produced directly or indirectly by extraction from a substance of
284-vegetable origin, or independently by means of chemical synthesis, or
285-by a combination of extraction and chemical synthesis: (A) Morphine-
286-type: (i) Opium or opiate, or any salt, compound, derivative, or
287-preparation of opium or opiate which is similar to any such substance
288-in chemical structure or which is similar to any such substance in
289-physiological effect and which shows a like potential for abuse, which
290-is a controlled substance under this chapter unless modified; (ii) any
291-salt, compound, isomer, derivative, or preparation of any such
292-substance which is chemically equivalent or identical to any substance
293-referred to in clause (i) of this [subdivision] subparagraph, but not
294-including the isoquinoline alkaloids of opium; (iii) opium poppy or
295-poppy straw; or (iv) (I) fentanyl or any salt, compound, derivative or
296-preparation of fentanyl which is similar to any such substance in Substitute House Bill No. 5150
297-
298-Public Act No. 24-76 10 of 109
299-
300-chemical structure or which is similar to any such substance in
301-physiological effect and which shows a like potential for abuse, which
302-is a controlled substance under this chapter unless modified, or (II) any
303-salt, compound, isomer, derivative or preparation of any such substance
304-which is chemically equivalent or identical to any substance referred to
305-in subclause (I) of this clause; or (B) cocaine-type; coca leaves or any salt,
306-compound, derivative or preparation of coca leaves, or any salt,
307-compound, isomer, derivatives or preparation of any such substance
308-which is chemically equivalent or identical to any such substance or
309-which is similar to any such substance in physiological effect and which
310-shows a like potential for abuse, but not including decocainized coca
311-leaves or extractions of coca leaves which do not contain cocaine or
312-ecgonine.
313-(31) "Nurse" means a person performing nursing as defined in section
314-20-87a.
315-(32) "Official written order" means an order for controlled substances
316-written on a form provided by the bureau for that purpose under the
317-federal Controlled Substances Act.
318-(33) "Opiate" means any substance having an addiction-forming or
319-addiction-sustaining liability similar to morphine or being capable of
320-conversion into a drug having addiction-forming or addiction-
321-sustaining liability; it does not include, unless specifically designated as
322-controlled under this chapter, the dextrorotatory isomer of 3-methoxy-
323-n-methylmorthinan and its salts (dextro-methorphan) but shall include
324-its racemic and levorotatory forms.
325-(34) "Opium poppy" means the plant of the species papaver
326-somniferum l., except its seed.
327-(35) Repealed by P.A. 99-102, S. 51.
328-(36) "Other stimulant and depressant drugs" means controlled Substitute House Bill No. 5150
329-
330-Public Act No. 24-76 11 of 109
331-
332-substances other than amphetamine-type, barbiturate-type, cannabis-
333-type, cocaine-type, hallucinogenics and morphine-type which are found
334-to exert a stimulant and depressant effect upon the higher functions of
335-the central nervous system and which are found to have a potential for
336-abuse and are controlled substances under this chapter.
337-(37) "Person" includes any corporation, limited liability company,
338-association or partnership, or one or more individuals, government or
339-governmental subdivisions or agency, business trust, estate, trust, or
340-any other legal entity. Words importing the plural number may include
341-the singular; words importing the masculine gender may be applied to
342-females.
343-(38) "Pharmacist" means a person authorized by law to practice
344-pharmacy pursuant to section 20-590, 20-591, 20-592 or 20-593.
345-(39) "Pharmacy" means an establishment licensed pursuant to section
346-20-594.
347-(40) "Physician" means a person authorized by law to practice
348-medicine in this state pursuant to section 20-9.
349-(41) "Podiatrist" means a person authorized by law to practice
350-podiatry in this state.
351-(42) "Poppy straw" means all parts, except the seeds, of the opium
352-poppy, after mowing.
353-(43) "Practitioner" means: (A) A physician, dentist, veterinarian,
354-podiatrist, scientific investigator or other person licensed, registered or
355-otherwise permitted to distribute, dispense, conduct research with
356-respect to or to administer a controlled substance in the course of
357-professional practice or research in this state; and (B) a pharmacy,
358-hospital or other institution licensed, registered or otherwise permitted
359-to distribute, dispense, conduct research with respect to or to administer Substitute House Bill No. 5150
360-
361-Public Act No. 24-76 12 of 109
362-
363-a controlled substance in the course of professional practice or research
364-in this state.
365-(44) "Prescribe" means order or designate a remedy or any
366-preparation containing controlled substances.
367-(45) "Prescription" means a written, oral or electronic order for any
368-controlled substance or preparation from a licensed practitioner to a
369-pharmacist for a patient.
370-(46) "Production" includes the manufacture, planting, cultivation,
371-growing or harvesting of a controlled substance.
372-(47) "Registrant" means any person licensed by this state and
373-assigned a current federal Bureau of Narcotics and Dangerous Drug
374-Registry Number as provided under the federal Controlled Substances
375-Act.
376-(48) "Registry number" means the alphabetical or numerical
377-designation of identification assigned to a person by the federal Drug
378-Enforcement Administration, or other federal agency, which is
379-commonly known as the federal registry number.
380-(49) "Restricted drugs or substances" are the following substances
381-without limitation and for all purposes: Datura stramonium;
382-hyoscyamus niger; atropa belladonna, or the alkaloids atropine;
383-hyoscyamine; belladonnine; apatropine; or any mixture of these
384-alkaloids such as daturine, or the synthetic homatropine or any salts of
385-these alkaloids, except that any drug or preparation containing any of
386-the above-mentioned substances which is permitted by federal food and
387-drug laws to be sold or dispensed without a prescription or written
388-order shall not be a controlled substance; amyl nitrite; the following
389-volatile substances to the extent that said chemical substances or
390-compounds containing said chemical substances are sold, prescribed,
391-dispensed, compounded, possessed or controlled or delivered or Substitute House Bill No. 5150
392-
393-Public Act No. 24-76 13 of 109
394-
395-administered to another person with the purpose that said chemical
396-substances shall be breathed, inhaled, sniffed or drunk to induce a
397-stimulant, depressant or hallucinogenic effect upon the higher functions
398-of the central nervous system: Acetone; benzene; butyl alcohol; butyl
399-nitrate and its salts, isomers, esters, ethers or their salts; cyclohexanone;
400-dichlorodifluoromethane; ether; ethyl acetate; formaldehyde; hexane;
401-isopropanol; methanol; methyl cellosolve acetate; methyl ethyl ketone;
402-methyl isobutyl ketone; nitrous oxide; pentochlorophenol; toluene;
403-toluol; trichloroethane; trichloroethylene; 1,4 butanediol.
404-(50) "Sale" is any form of delivery which includes barter, exchange or
405-gift, or offer therefor, and each such transaction made by any person
406-whether as principal, proprietor, agent, servant or employee.
407-(51) "State", when applied to a part of the United States, includes any
408-state, district, commonwealth, territory or insular possession thereof,
409-and any area subject to the legal authority of the United States of
410-America.
411-(52) "State food, drug and cosmetic laws" means the Uniform Food,
412-Drug and Cosmetic Act, section 21a-91 et seq.
413-(53) "Ultimate user" means a person who lawfully possesses a
414-controlled substance for the person's own use or for the use of a member
415-of such person's household or for administering to an animal owned by
416-such person or by a member of such person's household.
417-(54) "Veterinarian" means a person authorized by law to practice
418-veterinary medicine in this state.
419-(55) "Wholesaler" means a distributor or a person who supplies
420-controlled substances that the person personally has not produced or
421-prepared to registrants.
422-(56) "Reasonable times" means the time or times any office, care- Substitute House Bill No. 5150
423-
424-Public Act No. 24-76 14 of 109
425-
426-giving institution, pharmacy, clinic, wholesaler, manufacturer,
427-laboratory, warehouse, establishment, store or place of business, vehicle
428-or other place is open for the normal affairs or business or the practice
429-activities usually conducted by the registrant.
430-(57) "Unit dose drug distribution system" means a drug distribution
431-system used in a hospital or chronic and convalescent nursing home in
432-which drugs are supplied in individually labeled unit of use packages,
433-each patient's supply of drugs is exchanged between the hospital
434-pharmacy and the drug administration area or, in the case of a chronic
435-and convalescent nursing home between a pharmacy and the drug
436-administration area, at least once each twenty-four hours and each
437-patient's medication supply for this period is stored within a patient-
438-specific container, all of which is conducted under the direction of a
439-pharmacist licensed in Connecticut and, in the case of a hospital, directly
440-involved in the provision and supervision of pharmaceutical services at
441-such hospital at least thirty-five hours each week.
442-(58) "Cocaine in a free-base form" means any substance which
443-contains cocaine, or any compound, isomer, derivative or preparation
444-thereof, in a nonsalt form.
445-(59) "THC" means tetrahydrocannabinol, including, but not limited
446-to, delta-7, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol
447-and delta-10-tetrahydrocannabinol, and any material, compound,
448-mixture or preparation which contain their salts, isomers and salts of
449-isomers, whenever the existence of such salts, isomers and salts of
450-isomers is possible within the specific chemical designation, regardless
451-of the source, except: (A) Dronabinol substituted in sesame oil and
452-encapsulated in a soft gelatin capsule in a federal Food and Drug
453-Administration or successor agency approved product; [,] or (B) any
454-tetrahydrocannabinol product that has been approved by the federal
455-Food and Drug Administration or successor agency to have a medical
456-use and reclassified in any schedule of controlled substances or Substitute House Bill No. 5150
457-
458-Public Act No. 24-76 15 of 109
459-
460-unscheduled by the federal Drug Enforcement Administration or
461-successor agency.
462-(60) "Total THC" means the sum of the percentage by weight of
463-tetrahydrocannabinolic acid, multiplied by eight hundred seventy-
464-seven-thousandths, plus the percentage of weight of THC.
465-(61) "Manufactured cannabinoid" means cannabinoids [naturally
466-occurring from a source other than marijuana that are similar in
467-chemical structure or physiological effect to cannabinoids derived from
468-marijuana, as defined in section 21a-243, but are derived by a chemical
469-or biological process] created by directly converting one cannabinoid to
470-a different cannabinoid through: (A) Application of light or heat; (B)
471-decarboxylation of naturally occurring acidic forms of cannabinoids; or
472-(C) an alternate extraction or conversion process approved by the
473-Department of Consumer Protection and published on the department's
474-Internet web site.
475-(62) "Synthetic cannabinoid" (A) means [any material, compound,
476-mixture or preparation which contains any quantity of a substance
477-having a psychotropic response primarily by agonist activity at
478-cannabinoid-specific receptors affecting the central nervous system that
479-is produced artificially and not derived from an organic source naturally
480-containing cannabinoids, unless listed in another schedule pursuant to
481-section 21a-243] any substance converted, by a chemical process, to
482-create a cannabinoid or cannabinoid-like substance that (i) has
483-structural features which allow interaction with at least one of the
484-known cannabinoid-specific receptors, or (ii) has any physiological or
485-psychotropic response on at least one cannabinoid-specific receptor, (B)
486-includes, but is not limited to, hexahydrocannabinol (HHC and HXC)
487-and hydrox4phc (PHC), and (C) does not include any manufactured
488-cannabinoid.
489-(63) "High-THC hemp product" (A) prior to October 1, 2024, means a Substitute House Bill No. 5150
490-
491-Public Act No. 24-76 16 of 109
492-
493-manufacturer hemp product, as defined in section 22-61l, as amended
494-by this act, that has, or is advertised, labeled or offered for sale as having,
495-total THC that exceeds [(A)] (i) for a hemp edible, hemp topical or hemp
496-transdermal patch [(i)] (I) one milligram on a per-serving basis, or [(ii)]
497-(II) five milligrams on a per-container basis, [(B)] (ii) for a hemp tincture,
498-including, but not limited to, oil intended for ingestion by swallowing,
499-buccal administration or sublingual absorption [(i)] (I) one milligram on
500-a per-serving basis, or [(ii)] (II) twenty-five milligrams on a per-
501-container basis, [(C)] (iii) for a hemp concentrate or extract, including,
502-but not limited to, a vape oil, wax or shatter, twenty-five milligrams on
503-a per-container basis, or [(D)] (iv) for a manufacturer hemp product not
504-described in subparagraph [(A)] (A)(i), [(B)] (A)(ii) or [(C)] (A)(iii) of this
505-subdivision, [(i)] (I) one milligram on a per-serving basis, [(ii)] (II) five
506-milligrams on a per-container basis, or [(iii)] (III) three-tenths per cent
507-on a dry-weight basis for cannabis flower or cannabis trim, (B) on and
508-after October 1, 2024, means a manufacturer hemp product, as defined
509-in section 22-61l, as amended by this act, that has, or is advertised,
510-labeled or offered for sale as having, total THC that exceeds (i) one
511-milligram per serving with up to five milligrams per-container, or (ii)
512-three-tenths per cent on a dry-weight basis for cannabis flower or
513-cannabis trim, and (C) does not include an infused beverage, as defined
514-in section 26 of this act. As used in this subdivision, "container" means
515-an object that is offered, intended for sale or sold to a consumer and
516-directly contains a high-THC hemp product, and does not include an
517-object or packaging that indirectly contains, or contains in bulk for
518-transportation purposes, a high-THC hemp product.
519-Sec. 2. Section 21a-408 of the 2024 supplement to the general statutes
520-is repealed and the following is substituted in lieu thereof (Effective July
521-1, 2024):
522-As used in this section, sections 21a-408a to 21a-408o, inclusive, [and]
523-sections 21a-408r to 21a-408v, inclusive, and section 3 of this act, unless Substitute House Bill No. 5150
524-
525-Public Act No. 24-76 17 of 109
526-
527-the context otherwise requires:
528-(1) "Advanced practice registered nurse" means an advanced practice
529-registered nurse licensed pursuant to chapter 378;
530-(2) "Cannabis establishment" has the same meaning as provided in
531-section 21a-420, as amended by this act;
532-(3) "Cannabis testing laboratory" means a person who (A) is located
533-in this state, (B) is licensed by the department to analyze marijuana, and
534-(C) meets the licensure requirements established in section 21a-408r and
535-the regulations adopted pursuant to subsection (d) of section 21a-408r;
536-(4) "Cannabis testing laboratory employee" means a person who is
537-(A) employed at a cannabis testing laboratory, and (B) registered
538-pursuant to section 21a-408r and the regulations adopted pursuant to
539-subsection (d) of section 21a-408r;
540-(5) "Caregiver" means a person, other than the qualifying patient and
541-the qualifying patient's physician, physician assistant or advanced
542-practice registered nurse, who is eighteen years of age or older and has
543-agreed to undertake responsibility for managing the well-being of the
544-qualifying patient with respect to the palliative use of marijuana,
545-provided (A) in the case of a qualifying patient (i) under eighteen years
546-of age and not an emancipated minor, or (ii) otherwise lacking legal
547-capacity, such person shall be a parent, guardian or person having legal
548-custody of such qualifying patient, and (B) in the case of a qualifying
549-patient eighteen years of age or older or an emancipated minor, the need
550-for such person shall be evaluated by the qualifying patient's physician,
551-physician assistant or advanced practice registered nurse and such need
552-shall be documented in the written certification;
553-(6) "Cultivation" includes planting, propagating, cultivating, growing
554-and harvesting; Substitute House Bill No. 5150
555-
556-Public Act No. 24-76 18 of 109
557-
558-(7) "Debilitating medical condition" means (A) cancer, glaucoma,
559-positive status for human immunodeficiency virus or acquired immune
560-deficiency syndrome, Parkinson's disease, multiple sclerosis, damage to
561-the nervous tissue of the spinal cord with objective neurological
562-indication of intractable spasticity, epilepsy or uncontrolled intractable
563-seizure disorder, cachexia, wasting syndrome, Crohn's disease,
564-posttraumatic stress disorder, irreversible spinal cord injury with
565-objective neurological indication of intractable spasticity, cerebral palsy,
566-cystic fibrosis or terminal illness requiring end-of-life care, except, if the
567-qualifying patient is under eighteen years of age, "debilitating medical
568-condition" means terminal illness requiring end-of-life care, irreversible
569-spinal cord injury with objective neurological indication of intractable
570-spasticity, cerebral palsy, cystic fibrosis, severe epilepsy or uncontrolled
571-intractable seizure disorder, or (B) any medical condition, medical
572-treatment or disease approved for qualifying patients by the
573-Department of Consumer Protection and posted online pursuant to
574-section 21a-408l;
575-(8) "Dispensary facility" means a place of business where marijuana
576-may be dispensed, sold or distributed in accordance with this chapter
577-and any regulations adopted thereunder to qualifying patients and
578-caregivers and for which the department has issued a dispensary facility
579-license pursuant to this chapter;
580-(9) "Employee" has the same meaning as provided in section 21a-420,
581-as amended by this act;
582-(10) "Institutional animal care and use committee" means a committee
583-that oversees an organization's animal program, facilities and
584-procedures to ensure compliance with federal policies, guidelines and
585-principles related to the care and use of animals in research;
586-(11) "Institutional review board" means a specifically constituted
587-review body established or designated by an organization to protect the Substitute House Bill No. 5150
588-
589-Public Act No. 24-76 19 of 109
590-
591-rights and welfare of persons recruited to participate in biomedical,
592-behavioral or social science research;
593-(12) "Licensed dispensary" or "dispensary" means an individual who
594-is a licensed pharmacist employed by a dispensary facility or hybrid
595-retailer;
596-(13) "Marijuana" [means marijuana, as defined] has the same meaning
597-as provided in section 21a-240, as amended by this act;
598-(14) "Nurse" means a person who is licensed as a nurse under chapter
599-378;
600-(15) "Palliative use" means the acquisition, distribution, transfer,
601-possession, use or transportation of marijuana or paraphernalia relating
602-to marijuana, including the transfer of marijuana and paraphernalia
603-relating to marijuana from the patient's caregiver to the qualifying
604-patient, to alleviate a qualifying patient's symptoms of a debilitating
605-medical condition or the effects of such symptoms, but does not include
606-any such use of marijuana by any person other than the qualifying
607-patient;
608-(16) "Paraphernalia" means drug paraphernalia, as defined in section
609-21a-240, as amended by this act;
610-(17) "Physician" means a person who is licensed as a physician under
611-chapter 370;
612-(18) "Physician assistant" means a person who is licensed as a
613-physician assistant under chapter 370;
614-(19) "Producer" means a person who is licensed as a producer
615-pursuant to section 21a-408i;
616-(20) "Qualifying patient" means a person who [:] (A) [Is] is a resident
617-of Connecticut, (B) has been diagnosed by a physician, physician Substitute House Bill No. 5150
618-
619-Public Act No. 24-76 20 of 109
620-
621-assistant or advanced practice registered nurse as having a debilitating
622-medical condition, and (C) (i) is eighteen years of age or older, (ii) is an
623-emancipated minor, or (iii) has written consent from a custodial parent,
624-guardian or other person having legal custody of such person that
625-indicates that such person has permission from such parent, guardian
626-or other person for the palliative use of marijuana for a debilitating
627-medical condition and that such parent, guardian or other person will
628-(I) serve as a caregiver for the qualifying patient, and (II) control the
629-acquisition and possession of marijuana and any related paraphernalia
630-for palliative use on behalf of such person. "Qualifying patient" does not
631-include an inmate confined in a correctional institution or facility under
632-the supervision of the Department of Correction;
633-(21) "Research program" means a study approved by the Department
634-of Consumer Protection in accordance with this chapter and undertaken
635-to increase information or knowledge regarding the growth or
636-processing of marijuana, or the medical attributes, dosage forms,
637-administration or use of marijuana to treat or alleviate symptoms of any
638-medical conditions or the effects of such symptoms;
639-(22) "Research program employee" means a person who (A) is
640-registered as a research program employee under section 21a-408t, or
641-(B) holds a temporary certificate of registration issued pursuant to
642-section 21a-408t;
643-(23) "Research program subject" means a person registered as a
644-research program subject pursuant to section 21a-408v;
645-(24) "Usable marijuana" means the dried leaves and flowers of the
646-marijuana plant, and any mixtures or preparations of such leaves and
647-flowers, that are appropriate for the palliative use of marijuana, but does
648-not include the seeds, stalks and roots of the marijuana plant; and
649-(25) "Written certification" means a written certification issued by a Substitute House Bill No. 5150
650-
651-Public Act No. 24-76 21 of 109
652-
653-physician, physician assistant or advanced practice registered nurse
654-pursuant to section 21a-408c.
655-Sec. 3. (NEW) (Effective July 1, 2024) (a) Each cannabis establishment
656-shall submit marijuana samples to a cannabis testing laboratory for
657-testing as set forth in subsection (b) of this section.
658-(b) (1) A cannabis testing laboratory shall test each marijuana sample
659-submitted pursuant to subsection (a) of this section (A) for
660-microbiological contaminants, mycotoxins, heavy metals and pesticide
661-chemical residue, and (B) for purposes of conducting an active
662-ingredient analysis, if applicable.
663-(2) Microbiological contaminant testing conducted pursuant to
664-subparagraph (A) of subdivision (1) of this subsection shall include, but
665-not be limited to, microbiological contaminant testing for Aspergillus
666-species as set forth by the Department of Consumer Protection and
667-posted on the department's Internet web site.
668-(c) When conducting microbiological testing as set forth in subsection
669-(b) of this section, the marijuana sample shall be tested by using (1) a
670-molecular method that (A) includes quantitative polymerase chain
671-reaction, (B) is certified for identifying microbiological DNA, and (C) is
672-approved by (i) the Association of Official Analytical Collaboration
673-International, or (ii) a comparable national or international standards
674-organization designated by the Commissioner of Consumer Protection,
675-or (2) an alternative testing method approved by the Department of
676-Consumer Protection and posted on the department's Internet web site.
677-(d) If a marijuana sample does not pass the testing set forth in
678-subsection (b) of this section, the cannabis establishment that submitted
679-such failing marijuana sample to the cannabis testing laboratory shall:
680-(1) Repeat testing as set forth in subsections (a) and (b) of this section
681-on the marijuana batch from which such marijuana sample was taken, Substitute House Bill No. 5150
682-
683-Public Act No. 24-76 22 of 109
684-
685-in a form and manner approved by the Department of Consumer
686-Protection. If all repeated testing yields satisfactory results, the
687-marijuana batch from which the marijuana samples were taken shall be
688-released for sale;
689-(2) If such cannabis establishment submits to the Commissioner of
690-Consumer Protection a remediation plan that is sufficient to ensure
691-public health and safety, and the commissioner approves such
692-remediation plan, remediate the marijuana batch from which such
693-marijuana sample was taken and repeat all testing as set forth in
694-subsections (a) and (b) of this section on such remediated marijuana
695-batch, in a form and manner approved by the Department of Consumer
696-Protection. If all repeated testing yields satisfactory results, the
697-marijuana batch from which the marijuana samples were taken shall be
698-released for sale; or
699-(3) If such cannabis establishment does not comply with subdivision
700-(1) or (2) of this subsection, or if any subsequent laboratory testing does
701-not yield satisfactory results for the testing set forth in subsections (a)
702-and (b) of this section, dispose of the entire marijuana batch from which
703-the marijuana sample was taken in accordance with procedures
704-established by the Commissioner of Consumer Protection, as published
705-on the Department of Consumer Protection's Internet web site.
706-(e) For purposes of the testing set forth in subsections (a) and (b) of
707-this section, the quantity and number of marijuana samples taken shall
708-be sufficient to ensure representative sampling of the corresponding
709-marijuana batch size.
710-Sec. 4. Section 21a-420 of the 2024 supplement to the general statutes
711-is repealed and the following is substituted in lieu thereof (Effective July
712-1, 2024):
713-As used in RERACA, unless the context otherwise requires: Substitute House Bill No. 5150
714-
715-Public Act No. 24-76 23 of 109
716-
717-(1) "Responsible and Equitable Regulation of Adult-Use Cannabis
718-Act" or "RERACA" means this section, sections 2-56j, 7-294kk, 7-294ll,
719-12-330ll to 12-330nn, inclusive, 14-227p, 21a-278b, 21a-278c, 21a-279c,
720-21a-279d, 21a-420a to 21a-420j, inclusive, 21a-420l to 21a-421r, inclusive,
721-21a-421aa to 21a-421ff, inclusive, 21a-421aaa to 21a-421hhh, inclusive,
722-21a-422 to 21a-422c, inclusive, 21a-422e to 21a-422g, inclusive, 21a-422j
723-to 21a-422s, inclusive, 22-61n, as amended by this act, 23-4b, 47a-9a, 53-
724-247a, 53a-213a, 53a-213b, 54-33p, 54-56q, 54-56r, 54-125k and 54-142u,
725-sections 23, 60, 63 to 65, inclusive, 124, 144 and 165 of public act 21-1 of
726-the June special session, and the amendments in public act 21-1 of the
727-June special session to sections 7-148, 10-221, 12-30a, 12-35b, 12-412, 12-
728-650, 12-704d, 14-44k, 14-111e, 14-227a to 14-227c, inclusive, 14-227j, 15-
729-140q, 15-140r, 18-100h, 19a-342, 19a-342a, 21a-267, 21a-277, 21a-279, 21a-
730-279a, 21a-408 to 21a-408f, inclusive, as amended by this act, 21a-408h to
731-21a-408p, inclusive, 21a-408r to 21a-408v, inclusive, 30-89a, 31-40q, 32-
732-39, 46b-120, 51-164n, 53-394, 53a-39c, 54-1m, 54-33g, 54-41b, 54-56e, 54-
733-56g, 54-56i, 54-56k, 54-56n, 54-63d, 54-66a and 54-142e, [and] section 20
734-of public act 23-79 and sections 3, 5 and 6 of this act;
735-(2) "Backer" means any individual with a direct or indirect financial
736-interest in a cannabis establishment. "Backer" does not include an
737-individual with an investment interest in a cannabis establishment if (A)
738-the interest held by such individual and such individual's spouse,
739-parent or child, in the aggregate, does not exceed five per cent of the
740-total ownership or interest rights in such cannabis establishment, and
741-(B) such individual does not participate directly or indirectly in the
742-control, management or operation of the cannabis establishment;
743-(3) "Cannabis" means marijuana, as defined in section 21a-240, as
744-amended by this act;
745-(4) "Cannabis establishment" means a producer, dispensary facility,
746-cultivator, micro-cultivator, retailer, hybrid retailer, food and beverage
747-manufacturer, product manufacturer, product packager, delivery Substitute House Bill No. 5150
748-
749-Public Act No. 24-76 24 of 109
750-
751-service or transporter;
752-(5) "Cannabis flower" means the flower, including abnormal and
753-immature flowers, of a plant of the genus cannabis that has been
754-harvested, dried, cured, chopped or ground, and prior to any processing
755-whereby the flower material is transformed into a cannabis product.
756-"Cannabis flower" does not include (A) the leaves or stem of such plant,
757-or (B) hemp, as defined in section 22-61l, as amended by this act;
758-(6) "Cannabis testing laboratory" means a laboratory that (A) is
759-located in this state, (B) is licensed by the department to analyze
760-cannabis, and (C) meets the licensure requirements established in
761-section 21a-408r and the regulations adopted pursuant to subsection (d)
762-of section 21a-408r;
763-(7) "Cannabis testing laboratory employee" means an individual who
764-is (A) employed at a cannabis testing laboratory, and (B) registered
765-pursuant to section 21a-408r and the regulations adopted pursuant to
766-subsection (d) of section 21a-408r;
767-(8) "Cannabis trim" means all parts, including abnormal or immature
768-parts, of a plant of the genus cannabis, other than cannabis flower, that
769-have been harvested, dried and cured, and prior to any processing,
770-excluding chopping or grinding, whereby the plant material is
771-transformed into a cannabis product. "Cannabis trim" does not include
772-hemp, as defined in section 22-61l, as amended by this act;
773-(9) "Cannabis product" means cannabis, intended for use or
774-consumption, that is in the form of (A) a cannabis concentrate, or (B) a
775-product that contains cannabis and at least one other cannabis or
776-noncannabis ingredient or component, excluding cannabis flower;
777-(10) "Cannabis concentrate" means any form of concentration,
778-including, but not limited to, extracts, oils, tinctures, shatter and waxes,
779-that is extracted from cannabis; Substitute House Bill No. 5150
780-
781-Public Act No. 24-76 25 of 109
782-
783-(11) "Cannabis-type substances" have the same meaning as
784-"marijuana", as defined in section 21a-240, as amended by this act;
785-(12) "Commissioner" means the Commissioner of Co nsumer
786-Protection and includes any designee of the commissioner;
787-(13) "Consumer" means an individual who is twenty-one years of age
788-or older;
789-(14) "Control" means the power to direct, or cause the direction of, the
790-management and policies of a cannabis establishment, regardless of
791-whether such power is possessed directly or indirectly;
792-(15) "Cultivation" has the same meaning as provided in section 21a-
793-408, as amended by this act;
794-(16) "Cultivator" means a person that is licensed to engage in the
795-cultivation, growing and propagation of the cannabis plant at an
796-establishment with not less than fifteen thousand square feet of grow
797-space;
798-(17) "Delivery service" means a person that is licensed to deliver
799-cannabis from (A) micro-cultivators, retailers and hybrid retailers to
800-consumers and research program subjects, and (B) hybrid retailers and
801-dispensary facilities to qualifying patients, caregivers and research
802-program subjects, as defined in section 21a-408, as amended by this act,
803-or to hospices or other inpatient care facilities licensed by the
804-Department of Public Health pursuant to chapter 368v that have a
805-protocol for the handling and distribution of cannabis that has been
806-approved by the department, or a combination thereof;
807-(18) "Department" means the Department of Consumer Protection;
808-(19) "Dispensary facility" means a place of business where cannabis
809-may be dispensed, sold or distributed in accordance with chapter 420f Substitute House Bill No. 5150
810-
811-Public Act No. 24-76 26 of 109
812-
813-and any regulations adopted pursuant to said chapter, to qualifying
814-patients and caregivers, and to which the department has issued a
815-dispensary facility license pursuant to chapter 420f and any regulations
816-adopted pursuant to said chapter;
817-(20) "Disproportionately impacted area" means (A) for the period
818-beginning July 1, 2021, and ending July 31, 2023, a United States census
819-tract in the state that has, as determined by the Social Equity Council
820-under subdivision (1) of subsection (i) of section 21a-420d, as amended
821-by this act, (i) a historical conviction rate for drug-related offenses
822-greater than one-tenth, or (ii) an unemployment rate greater than ten
823-per cent, and (B) on and after August 1, 2023, a United States census tract
824-in this state that has been identified by the Social Equity Council
825-pursuant to subdivision (2) of subsection (i) of section 21a-420d;
826-(21) "Disqualifying conviction" means a conviction within the last ten
827-years which has not been the subject of an absolute pardon under the
828-provisions of section 54-130a, or an equivalent pardon process under the
829-laws of another state or the federal government, for an offense under (A)
830-section 53a-276, 53a-277 or 53a-278, [;] (B) section 53a-291, 53a-292 or
831-53a-293, [;] (C) section 53a-215, [;] (D) section 53a-138 or 53a-139, [;] (E)
832-section 53a-142a, [;] (F) sections 53a-147 to 53a-162, inclusive, [;] (G)
833-sections 53a-125c to 53a-125f, inclusive, [;] (H) section 53a-129b, 53a-129c
834-or 53a-129d, [;] (I) subsection (b) of section 12-737, [;] (J) section 53a-48
835-or 53a-49, if the offense which is attempted or is an object of the
836-conspiracy is an offense under the statutes listed in subparagraphs (A)
837-to (I), inclusive, of this subdivision, [;] or (K) the law of any other state
838-or of the federal government, if the offense on which such conviction is
839-based is defined by elements that substantially include the elements of
840-an offense under the statutes listed in subparagraphs (A) to (J), inclusive,
841-of this subdivision;
842-(22) "Dispensary technician" means an individual who has had an
843-active pharmacy technician or dispensary technician registration in this Substitute House Bill No. 5150
844-
845-Public Act No. 24-76 27 of 109
846-
847-state within the past five years, is affiliated with a dispensary facility or
848-hybrid retailer and is registered with the department in accordance with
849-chapter 420f and any regulations adopted pursuant to said chapter;
850-(23) "Edible cannabis product" means a cannabis product intended
851-for humans to eat or drink;
852-(24) "Employee" means any person who is not a backer, but is a
853-member of the board of a company with an ownership interest in a
854-cannabis establishment, and any person employed by a cannabis
855-establishment or who otherwise has access to such establishment or the
856-vehicles used to transport cannabis, including, but not limited to, an
857-independent contractor who has routine access to the premises of such
858-establishment or to the cannabis handled by such establishment;
859-(25) "Equity" and "equitable" means efforts, regulations, policies,
860-programs, standards, processes and any other functions of government
861-or principles of law and governance intended to [:] (A) [Identify]
862-identify and remedy past and present patterns of discrimination and
863-disparities of race, ethnicity, gender and sexual orientation, [;] (B) ensure
864-that such patterns of discrimination and disparities, whether intentional
865-or unintentional, are neither reinforced nor perpetuated, [;] and (C)
866-prevent the emergence and persistence of foreseeable future patterns of
867-discrimination or disparities of race, ethnicity, gender and sexual
868-orientation;
869-(26) "Equity joint venture" means a business entity that is controlled,
870-and at least fifty per cent owned, by an individual or individuals, or such
871-applicant is an individual, who meets the criteria of subparagraphs (A)
872-and (B) of subdivision [(50)] (51) of this section;
873-(27) "Extract" means the preparation, compounding, conversion or
874-processing of cannabis, either directly or indirectly by extraction or
875-independently by means of chemical synthesis, or by a combination of Substitute House Bill No. 5150
876-
877-Public Act No. 24-76 28 of 109
878-
879-extraction and chemical synthesis to produce a cannabis concentrate;
880-(28) "Financial interest" means any right to, ownership, an investment
881-or a compensation arrangement with another person, directly, through
882-business, investment or family. "Financial interest" does not include
883-ownership of investment securities in a publicly-held corporation that
884-is traded on a national exchange or over-the-counter market, provided
885-the investment securities held by such person and such person's spouse,
886-parent or child, in the aggregate, do not exceed one-half of one per cent
887-of the total number of shares issued by the corporation;
888-(29) "Food and beverage manufacturer" means a person that is
889-licensed to own and operate a place of business that acquires cannabis
890-and creates food and beverages;
891-(30) "Grow space" means the portion of a premises owned and
892-controlled by a producer, cultivator or micro-cultivator that is utilized
893-for the cultivation, growing or propagation of the cannabis plant, and
894-contains cannabis plants in an active stage of growth, measured starting
895-from the outermost wall of the room containing cannabis plants and
896-continuing around the outside of the room. "Grow space" does not
897-include space used to cure, process, store harvested cannabis or
898-manufacture cannabis once the cannabis has been harvested;
899-(31) "Historical conviction count for drug-related offenses" means, for
900-a given area, the number of convictions of residents of such area (A) for
901-violations of sections 21a-267, 21a-277, 21a-278, 21a-279 and 21a-279a,
902-and (B) who were arrested for such violations between January 1, 1982,
903-and December 31, 2020, inclusive, where such arrest was recorded in
904-databases maintained by the Department of Emergency Services and
905-Public Protection;
906-(32) "Historical conviction rate for drug-related offenses" means, for
907-a given area, the historical conviction count for drug-related offenses Substitute House Bill No. 5150
908-
909-Public Act No. 24-76 29 of 109
910-
911-divided by the population of such area, as determined by the five-year
912-estimates of the most recent American Community Survey conducted
913-by the United States Census Bureau;
914-(33) "Hybrid retailer" means a person that is licensed to purchase
915-cannabis and sell cannabis and medical marijuana products;
916-(34) "Infused beverage" has the same meaning as provided in section
917-26 of this act;
918-[(34)] (35) "Key employee" means an employee with the following
919-management position or an equivalent title within a cannabis
920-establishment: (A) President or chief officer, who is the top ranking
921-individual at the cannabis establishment and is responsible for all staff
922-and overall direction of business operations; (B) financial manager, who
923-is the individual who reports to the president or chief officer and who is
924-responsible for oversight of the financial operations of the cannabis
925-establishment, which financial operations include one or more of the
926-following: (i) Revenue and expense management; (ii) distributions; (iii)
927-tax compliance; (iv) budget development; and (v) budget management
928-and implementation; or (C) compliance manager, who is the individual
929-who reports to the president or chief officer and who is generally
930-responsible for ensuring the cannabis establishment complies with all
931-laws, regulations and requirements related to the operation of the
932-cannabis establishment;
933-[(35)] (36) "Labor peace agreement" means an agreement between a
934-cannabis establishment and a bona fide labor organization under section
935-21a-421d pursuant to which the owners and management of the
936-cannabis establishment agree not to lock out employees and that
937-prohibits the bona fide labor organization from engaging in picketing,
938-work stoppages or boycotts against the cannabis establishment;
939-[(36)] (37) "Manufacture" means to add or incorporate cannabis into Substitute House Bill No. 5150
940-
941-Public Act No. 24-76 30 of 109
942-
943-other products or ingredients or create a cannabis product;
944-[(37)] (38) "Medical marijuana product" means cannabis that may be
945-exclusively sold to qualifying patients and caregivers by dispensary
946-facilities and hybrid retailers and which are designated by the
947-commissioner as reserved for sale to qualifying patients and caregivers
948-and published on the department's Internet web site;
949-[(38)] (39) "Micro-cultivator" means a person licensed to engage in the
950-cultivation, growing and propagation of the cannabis plant at an
951-establishment containing not less than two thousand square feet and not
952-more than ten thousand square feet of grow space, prior to any
953-expansion authorized by the commissioner;
954-[(39)] (40) "Municipality" means any town, city or borough,
955-consolidated town and city or consolidated town and borough;
956-[(40)] (41) "Paraphernalia" means drug paraphernalia, as defined in
957-section 21a-240, as amended by this act;
958-[(41)] (42) "Person" means an individual, partnership, limited liability
959-company, society, association, joint stock company, corporation, estate,
960-receiver, trustee, assignee, referee or any other legal entity and any other
961-person acting in a fiduciary or representative capacity, whether
962-appointed by a court or otherwise, and any combination thereof;
963-[(42)] (43) "Producer" means a person that is licensed as a producer
964-pursuant to section 21a-408i and any regulations adopted pursuant to
965-said section;
966-[(43)] (44) "Product manufacturer" means a person that is licensed to
967-obtain cannabis, extract and manufacture products;
968-[(44)] (45) "Product packager" means a person that is licensed to
969-package and label cannabis; Substitute House Bill No. 5150
970-
971-Public Act No. 24-76 31 of 109
972-
973-[(45)] (46) "Qualifying patient" has the same meaning as provided in
974-section 21a-408, as amended by this act;
975-[(46)] (47) "Research program" has the same meaning as provided in
976-section 21a-408, as amended by this act;
977-[(47)] (48) "Retailer" means a person, excluding a dispensary facility
978-and hybrid retailer, that is licensed to purchase cannabis from
979-producers, cultivators, micro-cultivators, product manufacturers and
980-food and beverage manufacturers and to sell cannabis to consumers and
981-research programs;
982-[(48)] (49) "Sale" or "sell" has the same meaning as provided in section
983-21a-240, as amended by this act;
984-[(49)] (50) "Social Equity Council" or "council" means the council
985-established under section 21a-420d, as amended by this act;
986-[(50)] (51) "Social equity applicant" means a person that has applied
987-for a license for a cannabis establishment, where such applicant is
988-controlled, and at least sixty-five per cent owned, by an individual or
989-individuals, or such applicant is an individual, who:
990-(A) Had an average household income of less than three hundred per
991-cent of the state median household income over the three tax years
992-immediately preceding such individual's application; and
993-(B) (i) Was a resident of a disproportionately impacted area for not
994-less than five of the ten years immediately preceding the date of such
995-application; or
996-(ii) Was a resident of a disproportionately impacted area for not less
997-than nine years prior to attaining the age of eighteen;
998-[(51)] (52) "THC" has the same meaning as provided in section 21a-
999-240, as amended by this act; Substitute House Bill No. 5150
1000-
1001-Public Act No. 24-76 32 of 109
1002-
1003-[(52)] (53) "Third-party lottery operator" means a person, or a
1004-constituent unit of the state system of higher education, that conducts
1005-lotteries pursuant to section 21a-420g, as amended by this act, identifies
1006-the cannabis establishment license applications for consideration
1007-without performing any review of the applications that are identified
1008-for consideration, and that has no direct or indirect oversight of or
1009-investment in a cannabis establishment or a cannabis establishment
1010-applicant;
1011-[(53)] (54) "Transfer" means to transfer, change, give or otherwise
1012-dispose of control over or interest in;
1013-[(54)] (55) "Transport" means to physically move from one place to
1014-another;
1015-[(55)] (56) "Transporter" means a person licensed to transport
1016-cannabis between cannabis establishments, cannabis testing
1017-laboratories and research programs; and
1018-[(56)] (57) "Unemployment rate" means, in a given area, the number
1019-of people sixteen years of age or older who are in the civilian labor force
1020-and unemployed divided by the number of people sixteen years of age
1021-or older who are in the civilian labor force.
1022-Sec. 5. (NEW) (Effective July 1, 2024) (a) (1) During the period
1023-beginning July 1, 2024, and ending March 31, 2025, a social equity
1024-applicant that has submitted an application to the department for a
1025-cultivator license pursuant to subsection (a) of section 21a-420o of the
1026-general statutes, as amended by this act, may withdraw such application
1027-and apply for a micro-cultivator license pursuant to this section if:
1028-(A) The Social Equity Council has verified that the applicant meets
1029-the criteria for a social equity applicant pursuant to subdivision (1) of
1030-subsection (a) of section 21a-420o of the general statutes, as amended by
1031-this act; Substitute House Bill No. 5150
1032-
1033-Public Act No. 24-76 33 of 109
1034-
1035-(B) The social equity applicant is eligible to receive a provisional
1036-cultivator license pursuant to subsection (a) of section 21a-420o of the
1037-general statutes, as amended by this act;
1038-(C) The department has not already issued a provisional cultivator
1039-license to the social equity applicant pursuant to subsection (a) of section
1040-21a-420o of the general statutes, as amended by this act; and
1041-(D) The social equity applicant submits to the department, in a form
1042-and manner prescribed by the commissioner, a written statement by the
1043-social equity applicant withdrawing the social equity applicant's
1044-application under subsection (a) of section 21a-420o of the general
1045-statutes, as amended by this act.
1046-(2) No social equity applicant that withdraws an application in the
1047-manner set forth in subdivision (1) of this subsection shall be eligible to
1048-receive a refund for any fee paid in connection with such withdrawn
1049-application.
1050-(b) During the period beginning July 1, 2024, and ending December
1051-31, 2025, the department shall issue a provisional micro-cultivator
1052-license to a social equity applicant pursuant to this section:
1053-(1) If the social equity applicant meets the eligibility criteria
1054-established in subdivision (1) of subsection (a) of this section;
1055-(2) If during the period beginning July 1, 2024, and ending March 31,
1056-2025, the social equity applicant submits to the department, in a form
1057-and manner prescribed by the commissioner:
1058-(A) A completed micro-cultivator license application and other
1059-documentation required to determine eligibility as set forth in
1060-subsections (e) to (l), inclusive, of section 21a-420g of the general
1061-statutes, as amended by this act; Substitute House Bill No. 5150
1062-
1063-Public Act No. 24-76 34 of 109
1064-
1065-(B) A written statement by the social equity applicant disclosing
1066-whether any change occurred in the ownership or control of the social
1067-equity applicant after the Social Equity Council verified that the
1068-applicant met the criteria for a social equity applicant pursuant to
1069-subdivision (1) of subsection (a) of section 21a-420o of the general
1070-statutes, as amended by this act; and
1071-(C) The application fee required under subdivision (1) of subsection
1072-(c) of this section; and
1073-(3) If any change described in subparagraph (B) of subdivision (2) of
1074-this subsection has occurred:
1075-(A) Such change in ownership or control is allowed under (i) section
1076-21a-420g of the general statutes, as amended by this act, and (ii) any
1077-regulation adopted, or policy or procedure issued, pursuant to section
1078-21a-420g of the general statutes, as amended by this act, or 21a-420h of
1079-the general statutes; and
1080-(B) Pursuant to subsection (d) of this section, (i) the Social Equity
1081-Council has determined that the social equity applicant continues to
1082-meet the criteria for a social equity applicant, and (ii) the department
1083-has received a written notice from the Social Equity Council affirming
1084-that the Social Equity Council has determined that the social equity
1085-applicant continues to meet the criteria for a social equity applicant.
1086-(c) (1) A social equity applicant that submits a micro-cultivator license
1087-application pursuant to subsection (b) of this section shall submit to the
1088-department an application fee in the amount of five hundred thousand
1089-dollars. All application fees collected pursuant to this subdivision shall
1090-be deposited in the consumer protection enforcement account
1091-established in section 21a-8a of the general statutes.
1092-(2) The fee to renew a final micro-cultivator license issued pursuant
1093-to this section shall be the same as the fee to renew a final micro- Substitute House Bill No. 5150
1094-
1095-Public Act No. 24-76 35 of 109
1096-
1097-cultivator license as set forth in section 21a-420e of the general statutes,
1098-as amended by this act. All renewal fees collected pursuant to this
1099-subdivision shall be paid to the State Treasurer and credited to the
1100-General Fund.
1101-(d) If any change described in subparagraph (B) of subdivision (2) of
1102-subsection (b) of this section has occurred, the Social Equity Council
1103-shall (1) determine whether the social equity applicant continues to meet
1104-the criteria for a social equity applicant, and (2) submit to the
1105-department, in a form and manner prescribed by the commissioner, a
1106-written notice disclosing such determination.
1107-(e) No social equity applicant that receives a micro-cultivator license
1108-under this section shall be eligible to apply for a provisional license and
1109-a final license to create more than one equity joint venture to be
1110-approved by the Social Equity Council under section 21a-420d of the
1111-general statutes, as amended by this act, and no such social equity
1112-applicant shall operate any such equity joint venture unless such social
1113-equity applicant has received a micro-cultivator license under this
1114-section, commenced cultivation activities under such micro-cultivator
1115-license and submitted to the department both the application fee
1116-required under subdivision (1) of subsection (c) of this section and a
1117-conversion fee in the amount of five hundred thousand dollars. The
1118-conversion fee collected pursuant to this subsection shall be deposited
1119-in the Cannabis Social Equity and Innovation Fund established in
1120-section 21a-420f of the general statutes.
1121-(f) Each application submitted to the department pursuant to
1122-subsection (b) of this section, and all information included in, or
1123-submitted with, any application submitted pursuant to said subsection,
1124-shall be subject to the provisions of subsection (g) of section 21a-420e of
1125-the general statutes.
1126-(g) Notwithstanding any other provision of RERACA, and except as Substitute House Bill No. 5150
1127-
1128-Public Act No. 24-76 36 of 109
1129-
1130-otherwise provided in subsections (a) to (f), inclusive, of this section:
1131-(1) Each application submitted pursuant to subsection (b) of this
1132-section shall be processed as any other micro-cultivator application that
1133-has been selected through the lottery; and
1134-(2) Each social equity applicant, application submitted pursuant to
1135-subsection (b) of this section and micro-cultivator license issued
1136-pursuant to this section shall be subject to subsections (e) to (l), inclusive,
1137-of section 21a-420g of the general statutes, as amended by this act.
1138-Sec. 6. (NEW) (Effective July 1, 2024) (a) For the purposes of this
1139-section:
1140-(1) "Container" (A) means an object that is offered, intended for sale
1141-or sold to a consumer and directly contains an infused beverage or
1142-legacy infused beverage, and (B) does not include an object or packaging
1143-that indirectly contains, or contains in bulk for transportation purposes,
1144-an infused beverage or legacy infused beverage; and
1145-(2) "Legacy infused beverage" has the same meaning as provided in
1146-section 26 of this act.
1147-(b) A fee of one dollar shall be assessed by a dispensary facility,
1148-hybrid retailer or retailer on each infused beverage container and legacy
1149-infused beverage container sold by such cannabis establishment. Such
1150-fee shall not be subject to any sales tax or treated as income pursuant to
1151-any provision of the general statutes.
1152-(c) On October 1, 2024, and every six months thereafter, each
1153-dispensary facility, hybrid retailer or retailer shall remit payment to the
1154-department for each infused beverage container and legacy infused
1155-beverage container sold during the preceding six-month period. The
1156-funds received by the department from infused beverage sales and
1157-legacy infused beverage sales shall be deposited in the consumer Substitute House Bill No. 5150
1158-
1159-Public Act No. 24-76 37 of 109
1160-
1161-protection enforcement account established in section 21a-8a of the
1162-general statutes for the purposes of (1) protecting public health and
1163-safety, (2) educating consumers and licensees, and (3) ensuring
1164-compliance with cannabis and liquor control laws.
1165-Sec. 7. Section 21a-420c of the general statutes is repealed and the
1166-following is substituted in lieu thereof (Effective July 1, 2024):
1167-(a) Except as provided in RERACA and chapter 420b or 420f, (1) no
1168-person, other than a retailer, hybrid retailer, micro-cultivator or delivery
1169-service, or an employee thereof in the course of [his or her] such
1170-employee's employment, may sell or offer cannabis to a consumer, and
1171-(2) no person, other than a hybrid retailer, dispensary facility or a
1172-delivery service, or an employee thereof in the course of [his or her] such
1173-employee's employment, may sell or offer cannabis to qualifying
1174-patients and caregivers.
1175-(b) No person except a delivery service, or an employee [thereof] of a
1176-delivery service, subject to the restrictions set forth in section 21a-420z,
1177-acting in the course of [his or her] such employee's employment may
1178-deliver cannabis to consumers, patients or caregivers. [except that
1179-retailers, hybrid retailers, micro-cultivators and dispensary facilities
1180-may utilize their own employees to deliver cannabis to the same
1181-individuals they may sell to pursuant to subsection (a) of this section
1182-until thirty days after the date the first five delivery service licensees
1183-have commenced public operation, which date shall be published by the
1184-commissioner on the department's Internet web site, and thereafter all
1185-delivery to consumers, patients or caregivers shall be done through a
1186-delivery service licensee.]
1187-Sec. 8. Section 21a-420c of the general statutes, as amended by section
1188-7 of this act, is repealed and the following is substituted in lieu thereof
1189-(Effective October 1, 2024): Substitute House Bill No. 5150
1190-
1191-Public Act No. 24-76 38 of 109
1192-
1193-(a) Except as provided in RERACA and chapter 420b or 420f, (1) no
1194-person, other than a retailer, hybrid retailer, micro-cultivator or delivery
1195-service, or an employee thereof in the course of such employee's
1196-employment, may sell or offer cannabis to a consumer, and (2) no
1197-person, other than a hybrid retailer, dispensary facility or a delivery
1198-service, or an employee thereof in the course of such employee's
1199-employment, may sell or offer cannabis to qualifying patients and
1200-caregivers.
1201-(b) No person except a delivery service, or an employee of a delivery
1202-service, subject to the restrictions set forth in section 21a-420z, acting in
1203-the course of such employee's employment may deliver cannabis to
1204-consumers, patients or caregivers.
1205-(c) Any violation of the provisions of this section shall be deemed an
1206-unfair or deceptive trade practice under subsection (a) of section 42-
1207-110b.
1208-(d) (1) Any municipality may, by vote of its legislative body, prohibit
1209-the operation of any business within such municipality that is found to
1210-be in violation of the provisions of this section or if such operation poses
1211-an immediate threat to public health and safety.
1212-(2) If the chief executive officer of a municipality determines that a
1213-business within the municipality is operating in violation of the
1214-provisions of this section or poses an immediate threat to public health
1215-and safety, the chief executive officer may apply to the Superior Court
1216-for an order under subdivision (3) of this subsection.
1217-(3) Upon an application under subdivision (2) of this subsection, the
1218-Superior Court, upon a finding that a business within the municipality
1219-is operating in violation of the provisions of this section or poses an
1220-immediate threat to public health and safety, may issue forthwith, ex
1221-parte and without a hearing, an order that shall direct the chief law Substitute House Bill No. 5150
1222-
1223-Public Act No. 24-76 39 of 109
1224-
1225-enforcement officer of the municipality to take from such business
1226-possession and control of any merchandise related to such violation or
1227-immediate threat to public health and safety, which merchandise shall
1228-include, but need not be limited to, (A) any cannabis or cannabis
1229-product, (B) any cigarette, tobacco or tobacco product, (C) any
1230-merchandise related to the merchandise described in subparagraphs (A)
1231-and (B) of this subdivision, and (D) any proceeds related to the
1232-merchandise described in subparagraphs (A) to (C), inclusive, of this
1233-subdivision.
1234-(4) As used in this subsection, (A) "cigarette" has the same meaning
1235-as provided in section 4-28h, (B) "immediate threat to public health and
1236-safety" includes, but is not limited to, the presence of (i) any cannabis or
1237-cannabis product in connection with a violation of this section, or (ii)
1238-any cigarette or tobacco product alongside any cannabis or cannabis
1239-product, and (C) "operation" and "operating" mean engaging in the sale
1240-of, or otherwise offering for sale, goods and services to the general
1241-public, including, but not limited to, through indirect retail sales.
1242-(e) (1) Any person who violates any provision of this section shall be
1243-assessed a civil penalty of thirty thousand dollars for each violation.
1244-Each day that such violation continues shall constitute a separate
1245-offense.
1246-(2) Any person who aids or abets any violation of the provisions of
1247-this section shall be assessed a civil penalty of thirty thousand dollars
1248-for each violation. Each day that such person aids or abets such violation
1249-shall constitute a separate offense. For the purposes of this subdivision,
1250-no person shall be deemed to have aided or abetted a violation of the
1251-provisions of this section unless (A) such person was the owner, officer,
1252-controlling shareholder or in a similar position of authority that allowed
1253-such person to make command or control decisions regarding the
1254-operations and management of another person who (i) is prohibited
1255-from selling or offering any cannabis or cannabis product under this Substitute House Bill No. 5150
1256-
1257-Public Act No. 24-76 40 of 109
1258-
1259-section, and (ii) sold or offered any cannabis or cannabis product in
1260-violation of this section, (B) such person knew that such other person (i)
1261-is prohibited from selling or offering any cannabis or cannabis product
1262-under this section, and (ii) sold or offered any cannabis or cannabis
1263-product in violation of this section, (C) such person provided substantial
1264-assistance or encouragement in connection with the sale or offer of such
1265-cannabis or cannabis product in violation of this section, and (D) such
1266-person's conduct was a substantial factor in furthering the sale or offer
1267-of such cannabis or cannabis product in violation of this section.
1268-(3) Any person who manages or controls a commercial property, or
1269-who manages or controls a commercial building, room, space or
1270-enclosure, in such person's capacity as an owner, lessee, agent,
1271-employee or mortgagor, who knowingly leases, rents or makes such
1272-property, building, room, space or enclosure available for use, with or
1273-without compensation, for the purpose of any sale or offer of any
1274-cannabis or cannabis product in violation of this section shall be
1275-assessed a civil penalty of ten thousand dollars for each violation. Each
1276-day that such violation continues shall constitute a separate offense.
1277-(4) No person other than the Attorney General, upon complaint of the
1278-Commissioner of Consumer Protection, or a municipality in which the
1279-violation of this section occurred shall assess any civil penalty under this
1280-subsection or institute a civil action to recover any civil penalty imposed
1281-under this subsection. If a municipality institutes a civil action to recover
1282-any civil penalty imposed under this subsection, such penalty shall be
1283-paid first to the municipality to reimburse such municipality for the
1284-costs incurred in instituting such action. One-half of the remainder, if
1285-any, shall be payable to the treasurer of such municipality and one-half
1286-of such remainder shall be payable to the Treasurer and deposited in the
1287-General Fund.
1288-(f) Nothing in this section shall be construed to prohibit the
1289-imposition of any criminal penalty on any person who (1) is prohibited Substitute House Bill No. 5150
1290-
1291-Public Act No. 24-76 41 of 109
1292-
1293-from selling or offering any cannabis or cannabis product under this
1294-section, and (2) sells or offers any cannabis or cannabis product in
1295-violation of this section.
1296-Sec. 9. Subsection (k) of section 21a-420d of the 2024 supplement to
1297-the general statutes is repealed and the following is substituted in lieu
1298-thereof (Effective July 1, 2024):
1299-(k) The council shall develop criteria for evaluating the ownership
1300-and control of any equity joint venture created under section 21a-420m,
1301-as amended by this act, 21a-420u, as amended by this act, [or] 21a-420j
1302-or section 5 of this act and shall review and approve or deny in writing
1303-such equity joint venture prior to such equity joint venture being
1304-licensed under section 21a-420m, as amended by this act, 21a-420u, as
1305-amended by this act, [or] 21a-420j or section 5 of this act. After
1306-developing criteria for social equity plans as described in subdivision
1307-(5) of subsection (h) of this section, the council shall review and approve
1308-or deny in writing any such plan submitted by a cannabis establishment
1309-as part of its final license application. The council shall not approve any
1310-equity joint venture applicant which shares with an equity joint venture
1311-any individual owner who meets the criteria established in
1312-subparagraphs (A) and (B) of subdivision [(50)] (51) of section 21a-420,
1313-as amended by this act, other than an individual owner in their capacity
1314-as a backer licensed under section 21a-420o, as amended by this act.
1315-Sec. 10. Subsection (c) of section 21a-420e of the 2024 supplement to
1316-the general statutes is repealed and the following is substituted in lieu
1317-thereof (Effective July 1, 2024):
1318-(c) Except as provided in subsection (d) of this section, the following
1319-fees shall be paid by each applicant:
1320-(1) For a retailer license, the fee to enter the lottery shall be five
1321-hundred dollars, the fee to receive a provisional license shall be five Substitute House Bill No. 5150
1322-
1323-Public Act No. 24-76 42 of 109
1324-
1325-thousand dollars and the fee to receive a final license or a renewal of a
1326-final license shall be twenty-five thousand dollars.
1327-(2) For a hybrid retailer license, the fee to enter the lottery shall be five
1328-hundred dollars, the fee to receive a provisional license shall be five
1329-thousand dollars and the fee to receive a final license or a renewal of a
1330-final license shall be twenty-five thousand dollars.
1331-(3) For a cultivator license, the fee to enter the lottery shall be one
1332-thousand dollars, the fee to receive a provisional license shall be twenty-
1333-five thousand dollars and the fee to receive a final license or a renewal
1334-of a final license shall be seventy-five thousand dollars.
1335-(4) For a micro-cultivator license, the fee to enter the lottery shall be
1336-two hundred fifty dollars, the fee to receive a provisional license shall
1337-be five hundred dollars and the fee to receive a final license or a renewal
1338-of a final license shall be one thousand dollars.
1339-(5) (A) For a product manufacturer license, the fee to enter the lottery
1340-shall be seven hundred fifty dollars, the fee to receive a provisional
1341-license shall be five thousand dollars and the fee to receive a final license
1342-or a renewal of a final license shall be twenty-five thousand dollars.
1343-(B) For a product manufacturer seeking authorization to expand the
1344-product manufacturer's authorized activities to include the authorized
1345-activities of a food and beverage manufacturer, the application fee for
1346-such expanded authorization shall be five thousand dollars and the fee
1347-to renew such expanded authorization shall be five thousand dollars.
1348-The fees due under this subparagraph shall be in addition to the fees
1349-due under subparagraph (A) of this subdivision.
1350-(6) (A) For a food and beverage manufacturer license, the fee to enter
1351-the lottery shall be two hundred fifty dollars, the fee to receive a
1352-provisional license shall be one thousand dollars and the fee to receive
1353-a final license or a renewal of a final license shall be five thousand Substitute House Bill No. 5150
1354-
1355-Public Act No. 24-76 43 of 109
1356-
1357-dollars.
1358-(B) For a food and beverage manufacturer seeking authorization to
1359-expand the food and beverage manufacturer's authorized activities to
1360-include the authorized activities of a product manufacturer, the
1361-application fee for such expanded authorization shall be twenty-five
1362-thousand dollars and the fee to renew such expanded authorization
1363-shall be twenty-five thousand dollars. The fees due under this
1364-subparagraph shall be in addition to the fees due under subparagraph
1365-(A) of this subdivision.
1366-(7) (A) For a product packager license, the fee to enter the lottery shall
1367-be five hundred dollars, the fee to receive a provisional license shall be
1368-five thousand dollars and the fee to receive a final license or a renewal
1369-of a final license shall be twenty-five thousand dollars.
1370-(B) For a product packager seeking authorization to expand the
1371-product packager's authorized activities to include the authorized
1372-activities of a product manufacturer, the application fee for such
1373-expanded authorization shall be thirty thousand dollars and the fee to
1374-renew such expanded authorization shall be twenty-five thousand
1375-dollars. The fees due under this subparagraph shall be in lieu of the fees
1376-due under subparagraph (A) of this subdivision.
1377-(8) For a delivery service or transporter license, the fee to enter the
1378-lottery shall be two hundred fifty dollars, the fee to receive a provisional
1379-license shall be one thousand dollars and the fee to receive a final license
1380-or a renewal of a final license shall be five thousand dollars.
1381-(9) For an initial or renewal of a backer license, the fee shall be one
1382-hundred dollars.
1383-(10) For an initial or renewal of a key employee license, the fee shall
1384-be one hundred dollars. Substitute House Bill No. 5150
1385-
1386-Public Act No. 24-76 44 of 109
1387-
1388-(11) For an initial or renewal of a registration of an employee who is
1389-not a key employee, the fee shall be fifty dollars.
1390-(12) The license conversion fee for a dispensary facility to become a
1391-hybrid retailer shall be one million dollars, except as provided in section
1392-21a-420u, as amended by this act.
1393-(13) The license conversion fee for a producer to engage in the adult
1394-use cannabis market shall be three million dollars, except as provided in
1395-section 21a-420l.
1396-(14) For a dispensary facility license, the fee to enter the lottery shall
1397-be five hundred dollars, the fee to receive a provisional license shall be
1398-five thousand dollars and the fee to receive a final license or a renewal
1399-of a final license shall be five thousand dollars.
1400-(15) For a producer license, the fee to enter the lottery shall be one
1401-thousand dollars, the fee to receive a provisional license shall be twenty-
1402-five thousand dollars and the fee to receive a final license or a renewal
1403-of a final license shall be seventy-five thousand dollars.
1404-Sec. 11. Subsection (b) of section 21a-420g of the 2024 supplement to
1405-the general statutes is repealed and the following is substituted in lieu
1406-thereof (Effective July 1, 2024):
1407-(b) Except as provided in section 21a-420o, as amended by this act,
1408-and section 5 of this act, prior to the first date that the department begins
1409-accepting applications for a license type, the department shall determine
1410-the maximum number of applications that shall be considered for such
1411-license type and post such information on its Internet web site. Fifty per
1412-cent of the maximum number of applications that shall be considered
1413-for each license type (1) shall be selected through a social equity lottery
1414-for such license type, and (2) shall be reserved by the department for
1415-social equity applicants. If, upon the close of the application period for
1416-a license type, the department receives more applications than the Substitute House Bill No. 5150
1417-
1418-Public Act No. 24-76 45 of 109
1419-
1420-maximum number to be considered in total or to be reserved for social
1421-equity applicants as set forth in this subsection, a third-party lottery
1422-operator shall conduct a lottery to identify applications for review by
1423-the department and the Social Equity Council.
1424-Sec. 12. Subsection (b) of section 21a-420m of the 2024 supplement to
1425-the general statutes is repealed and the following is substituted in lieu
1426-thereof (Effective July 1, 2024):
1427-(b) The equity joint venture shall be in any cannabis establishment
1428-licensed business, other than a cultivator license, provided such equity
1429-joint venture is at least fifty per cent owned and controlled by an
1430-individual or individuals who meet, or the equity joint venture
1431-applicant is an individual who meets, the criteria established in
1432-subparagraphs (A) and (B) of subdivision [(50)] (51) of section 21a-420,
1433-as amended by this act.
1434-Sec. 13. Section 21a-420o of the 2024 supplement to the general
1435-statutes is repealed and the following is substituted in lieu thereof
1436-(Effective July 1, 2024):
1437-(a) Thirty days after the Social Equity Council posts the criteria for
1438-social equity applicants on its Internet web site, the department shall
1439-open up a three-month application period for cultivators during which
1440-a social equity applicant may apply to the department for a provisional
1441-cultivator license and final license for a cultivation facility located in a
1442-disproportionately impacted area without participating in a lottery or
1443-request for proposals. Such application for a provisional license shall be
1444-granted upon: (1) [verification] Verification by the Social Equity Council
1445-that the applicant meets the criteria for a social equity applicant; (2) the
1446-applicant submitting to and passing a criminal background check; and
1447-(3) payment of a three-million-dollar fee to be deposited in the Cannabis
1448-Social Equity and Innovation Fund established in section 21a-420f. Upon
1449-granting such provisional license, the department shall notify the Substitute House Bill No. 5150
1450-
1451-Public Act No. 24-76 46 of 109
1452-
1453-applicant of the project labor agreement requirements of section 21a-
1454-421e, as amended by this act. The department shall not grant an
1455-application for a provisional cultivator license under this subsection
1456-after December 31, 2025.
1457-(b) To obtain a final cultivator license under this section, the social
1458-equity applicant shall provide evidence of: (1) [a] A contract with an
1459-entity providing an approved electronic tracking system as described in
1460-section 21a-421n; (2) a right to exclusively occupy [a] the location [in a
1461-disproportionately impacted area] at which the cultivation facility will
1462-be located, which location shall be situated (A) in a disproportionately
1463-impacted area, (B) on any reservation, as defined in section 47-63, of the
1464-Schaghticoke, Paucatuck Eastern Pequot or Golden Hill Paugussett
1465-indigenous tribe recognized by this state under subsection (b) of section
1466-47-59a, provided such reservation includes at least ten acres of
1467-contiguous land and such land comprised part of such reservation on
1468-July 1, 2024, (C) on any parcel of land owned in fee simple by any
1469-indigenous tribe recognized by this state under subsection (b) of section
1470-47-59a, provided such parcel includes at least ten acres of contiguous
1471-land and is located in a municipality that, prior to July 1, 2024, contained
1472-any portion of a disproportionately impacted area, or (D) in the case of
1473-an exclusively outdoor grow, in a municipality containing any portion
1474-of a disproportionately impacted area, provided (i) such outdoor grow
1475-is conducted on land that such municipality has approved for
1476-agricultural or farming uses, and (ii) all cultivation complies with the
1477-provisions of the regulations adopted, and policies and procedures
1478-issued, pursuant to section 21a-421j, as amended by this act, permitting
1479-the outdoor cultivation of cannabis; (3) any necessary local zoning
1480-approval and permits for the cultivation facility; (4) a business plan; (5)
1481-a social equity plan approved by the Social Equity Council; (6) written
1482-policies for preventing diversion and misuse of cannabis and sales of
1483-cannabis to underage persons; and (7) blueprints of the facility and all
1484-other security requirements of the department. Substitute House Bill No. 5150
1485-
1486-Public Act No. 24-76 47 of 109
1487-
1488-Sec. 14. Section 21a-420p of the 2024 supplement to the general
1489-statutes is repealed and the following is substituted in lieu thereof
1490-(Effective July 1, 2024):
1491-(a) On and after July 1, 2021, the department may issue or renew a
1492-license for a person to be a micro-cultivator. No person may act as a
1493-micro-cultivator or represent that such person is a licensed micro-
1494-cultivator unless such person has obtained a license from the
1495-department pursuant to this section.
1496-(b) A micro-cultivator is authorized to cultivate, grow, propagate,
1497-manufacture and package the cannabis plant at an establishment
1498-containing not less than two thousand square feet and not more than ten
1499-thousand square feet of grow space, prior to any expansion authorized
1500-by the commissioner, provided such micro-cultivator complies with the
1501-provisions of any regulations adopted under section 21a-420q
1502-concerning grow space. A micro-cultivator business shall meet physical
1503-security controls set forth and required by the commissioner.
1504-(c) A micro-cultivator may apply for expansion of its grow space, in
1505-increments of five thousand square feet, on an annual basis, from the
1506-date of initial licensure, if such licensee is not subject to any pending or
1507-final administrative actions or judicial findings. If there are any pending
1508-or final administrative actions or judicial findings against the licensee,
1509-the department shall conduct a suitability review to determine whether
1510-such expansion shall be granted, which determination shall be final and
1511-appealable only to the Superior Court. The micro-cultivator may apply
1512-for an expansion of its business annually upon renewal of its credential
1513-until such licensee reaches a maximum of twenty-five thousand square
1514-feet of grow space. If a micro-cultivator desires to expand beyond
1515-twenty-five thousand square feet of grow space, the micro-cultivator
1516-licensee may apply for a cultivator license one year after its last
1517-expansion request. The micro-cultivator licensee shall not be required to
1518-apply through the lottery application process to convert its license to a Substitute House Bill No. 5150
1519-
1520-Public Act No. 24-76 48 of 109
1521-
1522-cultivator license. If a micro-cultivator maintains its license and meets
1523-all of the application and licensure requirements for a cultivator license,
1524-including payment of the cultivator license fee established under section
1525-21a-420e, as amended by this act, the micro-cultivator licensee shall be
1526-granted a cultivator license.
1527-(d) A micro-cultivator may label, manufacture, package and perform
1528-extractions on any cannabis cultivated, grown and propagated at its
1529-licensed establishment provided it meets all licensure and application
1530-requirements for a food and beverage manufacturer, product
1531-manufacturer or product packager, as applicable.
1532-(e) A micro-cultivator may sell, transfer or transport its cannabis to a
1533-dispensary facility, hybrid retailer, retailer, delivery service, food and
1534-beverage manufacturer, product manufacturer, research program,
1535-cannabis testing laboratory or product packager, provided the cannabis
1536-is cultivated, grown and propagated at the micro-cultivator's licensed
1537-establishment and transported utilizing the micro-cultivator's own
1538-employees or a transporter. A micro-cultivator shall not gift or transfer
1539-cannabis or cannabis products at no cost to a consumer as part of a
1540-commercial transaction.
1541-(f) [A] (1) Subject to the requirements of this subsection and
1542-subsection (b) of section 21a-420c, as amended by this act, a micro-
1543-cultivator may sell its own cannabis, including, but not limited to, its
1544-own cannabis seedlings, to consumers, excluding qualifying patients
1545-and caregivers, [either] through a delivery service. [or utilizing its own
1546-employees, subject to the requirements of subsection (b) of section 21a-
1547-420c. Any micro-cultivator that engages in the delivery of cannabis shall
1548-maintain a secure location, in a manner approved by the commissioner,
1549-at the micro-cultivator's premises where cannabis that is unable to be
1550-delivered may be returned to the micro-cultivator. Such secure cannabis
1551-return location shall meet specifications set forth by the commissioner
1552-and published on the department's Internet web site or included in Substitute House Bill No. 5150
1553-
1554-Public Act No. 24-76 49 of 109
1555-
1556-regulations adopted by the department. A micro-cultivator shall cease
1557-delivery of cannabis to consumers if it converts to being a cultivator.]
1558-No cannabis establishment other than a micro-cultivator shall sell
1559-cannabis seedlings to consumers, and no cannabis establishment other
1560-than a delivery service shall deliver cannabis seedlings sold by a micro-
1561-cultivator to consumers.
1562-(2) No micro-cultivator shall sell a cannabis seedling to a consumer
1563-unless:
1564-(A) The micro-cultivator cultivated the cannabis seedling in this state
1565-from seed or clone;
1566-(B) The cannabis seedling (i) has a standing height of not more than
1567-six inches measured from the base of the stem to the tallest point of the
1568-plant, (ii) does not contain any bud or flower, and (iii) has been tested
1569-for pesticides and heavy metals in accordance with the laboratory
1570-testing standards established in the policies and procedures issued, and
1571-final regulations adopted, by the commissioner pursuant to section 21a-
1572-421j, as amended by this act; and
1573-(C) A label or informational tag is affixed to the cannabis seedling
1574-disclosing the following in legible English, black lettering, Times New
1575-Roman font, flat regular typeface, on a contrasting background and in
1576-uniform size of not less than one-tenth of one inch, based on a capital
1577-letter "K":
1578-(i) The name of the micro-cultivator;
1579-(ii) A product description for the cannabis seedling;
1580-(iii) One of the following chemotypes anticipated after flowering: (I)
1581-"High THC, Low CBD"; (II) "Low THC, High CBD"; or (III) "50/50 THC
1582-and CBD"; Substitute House Bill No. 5150
1583-
1584-Public Act No. 24-76 50 of 109
1585-
1586-(iv) The results of the testing required under subparagraph (B)(iii) of
1587-this subdivision;
1588-(v) Directions for optimal care of the cannabis seedling;
1589-(vi) Unobscured symbols, in a size of not less than one-half inch by
1590-one-half inch and in a format approved by the commissioner, which
1591-symbols shall indicate that the cannabis seedling contains THC and is
1592-not legal or safe for individuals younger than twenty-one years of age;
1593-and
1594-(vii) A unique identifier generated by a cannabis analytic tracking
1595-system maintained by the department and used to track cannabis under
1596-the policies and procedures issued, and final regulations adopted, by
1597-the commissioner pursuant to section 21a-421j, as amended by this act.
1598-(3) Notwithstanding section 21a-421j, as amended by this act, no
1599-cannabis seedling shall be required to be sold in child-resistant
1600-packaging.
1601-(4) No micro-cultivator shall knowingly sell more than three cannabis
1602-seedlings to a consumer in any six-month period.
1603-(5) No micro-cultivator shall accept any returned cannabis seedling.
1604-Sec. 15. Subsection (b) of section 21a-420u of the 2024 supplement to
1605-the general statutes is repealed and the following is substituted in lieu
1606-thereof (Effective July 1, 2024):
1607-(b) Any equity joint venture created under this section shall be
1608-created for the development of a cannabis establishment, other than a
1609-cultivator, provided such equity joint venture is at least fifty per cent
1610-owned and controlled by an individual or individuals who meet, or the
1611-equity joint venture applicant is an individual who meets, the criteria
1612-established in subparagraphs (A) and (B) of subdivision [(50)] (51) of Substitute House Bill No. 5150
1613-
1614-Public Act No. 24-76 51 of 109
1615-
1616-section 21a-420, as amended by this act.
1617-Sec. 16. Subsection (d) of section 21a-420w of the 2024 supplement to
1618-the general statutes is repealed and the following is substituted in lieu
1619-thereof (Effective July 1, 2024):
1620-(d) A food and beverage manufacturer may sell, transfer or transport
1621-its own products to a cannabis establishment, cannabis testing
1622-laboratory or research program, or obtain cannabis from a cannabis
1623-establishment, cannabis testing laboratory or research program for
1624-manufacturing purposes, provided such transportation is performed by
1625-utilizing its own employees or a transporter. A food and beverage
1626-manufacturer may not deliver any cannabis, cannabis products or food
1627-or beverage incorporating cannabis to a consumer, directly or through
1628-a delivery service.
1629-Sec. 17. Subsection (d) of section 21a-420x of the 2024 supplement to
1630-the general statutes is repealed and the following is substituted in lieu
1631-thereof (Effective July 1, 2024):
1632-(d) A product manufacturer may sell, transfer or transport its own
1633-products to a cannabis establishment, cannabis testing laboratory or
1634-research program, or obtain cannabis from a cannabis establishment,
1635-cannabis testing laboratory or research program for manufacturing
1636-purposes, provided such transportation is performed by utilizing its
1637-own employees or a transporter. A product manufacturer may not
1638-deliver any cannabis to a consumer directly or through a delivery
1639-service.
1640-Sec. 18. Section 21a-420y of the 2024 supplement to the general
1641-statutes is repealed and the following is substituted in lieu thereof
1642-(Effective July 1, 2024):
1643-(a) On and after July 1, 2021, the department may issue or renew a
1644-license for a person to be a product packager. No person may act as a Substitute House Bill No. 5150
1645-
1646-Public Act No. 24-76 52 of 109
1647-
1648-product packager or represent that such person is a product packager
1649-unless such person has obtained a license from the department pursuant
1650-to this section.
1651-(b) A product packager may obtain cannabis from a producer,
1652-cultivator, micro-cultivator, food and beverage manufacturer or a
1653-product manufacturer, provided the product packager utilizes its own
1654-employees or a transporter. The product packager may sell, transfer or
1655-transport cannabis to and from any cannabis establishment, cannabis
1656-testing laboratory or research program, provided the product packager
1657-only transports cannabis packaged at its licensed establishment and
1658-utilizing its own employees or a transporter.
1659-(c) A product packager shall be responsible for ensuring that
1660-cannabis products are labeled and packaged in compliance with the
1661-provisions of RERACA and the policies and procedures issued by the
1662-commissioner to implement, and any regulations adopted pursuant to,
1663-RERACA.
1664-(d) A product packager shall ensure all equipment utilized for
1665-processing and packaging cannabis is sanitary and inspected regularly
1666-to deter the adulteration of cannabis.
1667-(e) (1) A product packager may expand the product packager's
1668-authorized activities to include the authorized activities of a product
1669-manufacturer if: (A) The product packager submits to the department
1670-(i) a completed license expansion application on a form and in a manner
1671-prescribed by the commissioner, and (ii) the fee prescribed in
1672-subparagraph (B) of subdivision (7) of subsection (c) of section 21a-420e,
1673-as amended by this act; and (B) the commissioner authorizes the product
1674-packager, in writing, to expand such product packager's authorized
1675-activities to include the authorized activities of a product manufacturer.
1676-(2) A product packager that expands the product packager's Substitute House Bill No. 5150
1677-
1678-Public Act No. 24-76 53 of 109
1679-
1680-authorized activities to include the authorized activities of a product
1681-manufacturer under this subsection shall comply with all provisions of
1682-this chapter, and all regulations, policies and procedures prescribed
1683-pursuant to this chapter, concerning product manufacturers. In the
1684-event of a conflict between any provision of this chapter, or any
1685-regulation, policy or procedure prescribed pursuant to this chapter,
1686-concerning product packagers and any such provision, regulation,
1687-policy or procedure concerning product manufacturers, the provision,
1688-regulation, policy or procedure imposing the more stringent public
1689-health and safety standard shall prevail.
1690-Sec. 19. Section 21a-421e of the general statutes is repealed and the
1691-following is substituted in lieu thereof (Effective July 1, 2024):
1692-(a) As used in this section: [, "project labor agreement"]
1693-(1) "Affiliated business entity" means a business entity that, either
1694-directly or indirectly through one or more intermediaries, is controlled
1695-by, or is under common control with, a cannabis establishment;
1696-(2) "Control" means the power to direct, or cause the direction of, the
1697-management and policies of a business entity;
1698-(3) "Covered project" means a project that is (A) for the construction
1699-or renovation of any facility for the operation of a cannabis
1700-establishment, (B) in an amount of at least five million dollars, and (C)
1701-performed by or on behalf of (i) a cannabis establishment, or (ii) an
1702-affiliated business entity;
1703-(4) "Labor organization" (A) means any organization that exists and
1704-is constituted, in whole or in part, for the purpose of (i) collective
1705-bargaining, or (ii) dealing with employers concerning grievances, terms
1706-or conditions of employment or other mutual aid or protection, and (B)
1707-does not include a company union, as defined in section 31-101; and Substitute House Bill No. 5150
1708-
1709-Public Act No. 24-76 54 of 109
1710-
1711-(5) "Project labor agreement" means [an agreement between a
1712-subcontractor or contractor and a cannabis establishment that: (1) Binds
1713-all contractors and subcontractors on the covered project to the project
1714-labor] a prehire collective bargaining agreement that (A) is entered into
1715-by and between (i) a cannabis establishment or an affiliated business
1716-entity, (ii) one or more contractors or subcontractors at any tier, and (iii)
1717-one or more labor organizations, (B) establishes the terms and
1718-conditions of employment in connection with performance of a covered
1719-project, (C) binds each affiliated entity, contractor and subcontractor to
1720-adhere to the terms of such collective bargaining agreement through the
1721-inclusion of specifications in all relevant solicitation provisions and
1722-contract documents [; (2)] concerning performance of the covered
1723-project, (D) allows [all contractors and subcontractors] each contractor
1724-or subcontractor to compete for contracts and subcontracts on the
1725-covered project without regard to whether [they are] such contractor or
1726-subcontractor is otherwise [parties to] a party to a collective bargaining
1727-[agreements; (3)] agreement, (E) establishes uniform terms and
1728-conditions of employment for all construction labor employed [on the
1729-projects; (4)] in connection with performance of the covered project, (F)
1730-guarantees against strikes, lockouts and similar job disruptions [; (5)] in
1731-connection with performance of the covered project, (G) sets forth
1732-mutually binding procedures for resolving labor disputes arising
1733-during the [project labor] term of such collective bargaining agreement,
1734-[;] and [(6)] (H) includes any other provisions as negotiated by the
1735-parties to such collective bargaining agreement to promote successful
1736-[delivery] performance of the covered project. [; and "employee
1737-organization" means any lawful association, labor organization,
1738-federation or council having as a primary purpose the improvement of
1739-wages, hours and other conditions of employment for employees of
1740-cannabis establishments.]
1741-(b) [A project for the construction or renovation of any facility for the
1742-operation of a cannabis establishment in an amount of five million Substitute House Bill No. 5150
1743-
1744-Public Act No. 24-76 55 of 109
1745-
1746-dollars or greater] Each covered project shall be the subject of a project
1747-labor agreement. [between the contractors and subcontractors of such
1748-project and the cannabis establishment.] A contractor, subcontractor or
1749-[employee] labor organization may enforce the provisions of this
1750-section, or seek remedies for noncompliance with a project labor
1751-agreement entered into under this section, by commencing a civil action
1752-in the Superior Court in the judicial district [where the cannabis
1753-establishment project is located] in which the covered project is to be
1754-performed or is performed. The court, after hearing, may order penalties
1755-of not more than ten thousand dollars per day for each violation of the
1756-project labor agreement by the cannabis establishment or affiliated
1757-business entity. A failure of a cannabis establishment or affiliated
1758-business entity to comply with the provisions of this section shall not be
1759-the basis for any administrative action by the Department of Consumer
1760-Protection.
1761-Sec. 20. Subsection (b) of section 21a-421j of the 2024 supplement to
1762-the general statutes is repealed and the following is substituted in lieu
1763-thereof (Effective July 1, 2024):
1764-(b) The commissioner shall adopt regulations in accordance with
1765-chapter 54 to implement the provisions of RERACA. Notwithstanding
1766-the requirements of sections 4-168 to 4-172, inclusive, in order to
1767-effectuate the purposes of RERACA and protect public health and
1768-safety, prior to adopting such regulations the commissioner shall issue
1769-policies and procedures to implement the provisions of RERACA that
1770-shall have the force and effect of law. The commissioner shall post all
1771-policies and procedures on the department's Internet web site and
1772-submit such policies and procedures to the Secretary of the State for
1773-posting on the eRegulations System, at least fifteen days prior to the
1774-effective date of any policy or procedure. The commissioner shall also
1775-provide such policies and procedures, in a manner prescribed by the
1776-commissioner, to each licensee. Any such policy or procedure shall no Substitute House Bill No. 5150
1777-
1778-Public Act No. 24-76 56 of 109
1779-
1780-longer be effective upon the earlier of either the adoption of the policy
1781-or procedure as a final regulation under section 4-172 or forty-eight
1782-months from June 22, 2021, if such regulations have not been submitted
1783-to the legislative regulation review committee for consideration under
1784-section 4-170. The commissioner shall issue policies and procedures and
1785-thereafter final regulations that include, but are not limited to, the
1786-following:
1787-(1) Setting appropriate dosage, potency, concentration and serving
1788-size limits and delineation requirements for cannabis, provided a
1789-standardized serving of edible cannabis product or beverage, other than
1790-a medical marijuana product, shall contain not more than five
1791-milligrams of THC.
1792-(2) Requiring that each single standardized serving of cannabis
1793-product in a multiple-serving edible product or beverage is physically
1794-demarked in a way that enables a reasonable person to determine how
1795-much of the product constitutes a single serving and a maximum
1796-amount of THC per multiple-serving edible cannabis product or
1797-beverage.
1798-(3) Requiring that, if it is impracticable to clearly demark every
1799-standardized serving of cannabis product or to make each standardized
1800-serving easily separable in an edible cannabis product or beverage, the
1801-product, other than cannabis concentrate or medical marijuana product,
1802-shall contain not more than five milligrams of THC per unit of sale.
1803-(4) Establishing, in consultation with the Department of Mental
1804-Health and Addiction Services, consumer health materials that shall be
1805-posted or distributed, as specified by the commissioner, by cannabis
1806-establishments to maximize dissemination to cannabis consumers.
1807-Consumer health materials may include pamphlets, packaging inserts,
1808-signage, online and printed advertisements and advisories and printed
1809-health materials. Substitute House Bill No. 5150
1810-
1811-Public Act No. 24-76 57 of 109
1812-
1813-(5) Imposing labeling and packaging requirements for cannabis sold
1814-by a cannabis establishment that include, but are not limited to, the
1815-following:
1816-(A) Inclusion of universal symbols to indicate that cannabis, or a
1817-cannabis product, contains THC and is not legal or safe for individuals
1818-younger than twenty-one years of age, and prescribe how such product
1819-and product packaging shall utilize and exhibit such symbols.
1820-(B) A disclosure concerning the length of time it typically takes for
1821-the cannabis to affect an individual, including that certain forms of
1822-cannabis take longer to have an effect.
1823-(C) A notation of the amount of cannabis the cannabis product is
1824-considered the equivalent to.
1825-(D) A list of ingredients and all additives for cannabis.
1826-(E) [Child-resistant] Except as provided in subdivision (3) of
1827-subsection (f) of section 21a-420p, as amended by this act, child-
1828-resistant, tamper-resistant and light-resistant packaging. [, including
1829-requiring that an edible product be individually wrapped.] For the
1830-purposes of this subparagraph, packaging shall be deemed to be (i)
1831-child-resistant if the packaging satisfies the standard for special
1832-packaging established in 16 CFR 1700.1(b)(4), as amended from time to
1833-time, (ii) tamper-resistant if the packaging has at least one barrier to, or
1834-indicator of, entry that would preclude the contents of such packaging
1835-from being accessed or adulterated without indicating to a reasonable
1836-person that such packaging has been breached, and (iii) light-resistant if
1837-the packaging is entirely and uniformly opaque and protects the entirety
1838-of the contents of such packaging from the effects of light.
1839-(F) [Packaging for] Except as provided in subdivision (3) of
1840-subsection (f) of section 21a-420p, as amended by this act, (i) packaging
1841-for cannabis intended for multiple servings to be resealable in such a Substitute House Bill No. 5150
1842-
1843-Public Act No. 24-76 58 of 109
1844-
1845-manner so as to render such packaging continuously child-resistant, as
1846-described in subparagraph (E)(i) of this subdivision, and preserve the
1847-integrity of the contents of such packaging, and (ii) if packaging for
1848-cannabis intended for multiple servings contains any edible cannabis
1849-product, for each single standardized serving to be easily discernible
1850-and (I) individually wrapped, or (II) physically demarked and
1851-delineated as required under this subsection.
1852-(G) Impervious packaging that protects the contents of such
1853-packaging from contamination and exposure to any toxic or harmful
1854-substance, including, but not limited to, any glue or other adhesive or
1855-substance that is incorporated in such packaging.
1856-(H) Product tracking information sufficient to determine where and
1857-when the cannabis was grown and manufactured such that a product
1858-recall could be effectuated.
1859-(I) A net weight statement.
1860-(J) A recommended use by or expiration date.
1861-(K) Standard and uniform packaging and labeling, including, but not
1862-limited to, requirements (i) regarding branding or logos, (ii) that all
1863-packaging be opaque, and (iii) that amounts and concentrations of THC
1864-and cannabidiol, per serving and per package, be clearly marked on the
1865-packaging or label of any cannabis product sold.
1866-(L) For any cannabis concentrate cannabis product that contains a
1867-total THC percentage greater than thirty per cent, a warning that such
1868-cannabis product is a high-potency product and may increase the risk
1869-of psychosis.
1870-(M) Chemotypes, which shall be displayed as (i) "High THC, Low
1871-CBD" where the ratio of THC to CBD is greater than five to one and the
1872-total THC percentage is at least fifteen per cent, (ii) "Moderate THC, Substitute House Bill No. 5150
1873-
1874-Public Act No. 24-76 59 of 109
1875-
1876-Moderate CBD" where the ratio of THC to CBD is at least one to five but
1877-not greater than five to one and the total THC percentage is greater than
1878-five per cent but less than fifteen per cent, (iii) "Low THC, High CBD"
1879-where the ratio of THC to CBD is less than one to five and the total THC
1880-percentage is not greater than five per cent, or (iv) the chemotype
1881-described in clause (i), (ii) or (iii) of this subparagraph that most closely
1882-fits the cannabis or cannabis product, as determined by mathematical
1883-analysis of the ratio of THC to CBD, where such cannabis or cannabis
1884-product does not fit a chemotype described in clause (i), (ii) or (iii) of
1885-this subparagraph.
1886-(N) A requirement that, prior to being sold and transferred to a
1887-consumer, qualifying patient or caregiver, cannabis packaging be
1888-clearly labeled, whether printed directly on such packaging or affixed
1889-by way of a separate label, other than an extended content label, with:
1890-(i) A unique identifier generated by a cannabis analytic tracking
1891-system maintained by the department and used to track cannabis under
1892-the policies and procedures issued, and final regulations adopted, by
1893-the commissioner pursuant to this section; and
1894-(ii) The following information concerning the cannabis contained in
1895-such packaging, which shall be in legible English, black lettering, Times
1896-New Roman font, flat regular typeface, on a contrasting background
1897-and in uniform size of not less than one-tenth of one inch, based on a
1898-capital letter "K", which information shall also be available on the
1899-Internet web site of the cannabis establishment that sells and transfers
1900-such cannabis:
1901-(I) The name of such cannabis, as registered with the department
1902-under the policies and procedures issued, and final regulations adopted,
1903-by the commissioner pursuant to this section.
1904-(II) The expiration date, which shall not account for any refrigeration Substitute House Bill No. 5150
1905-
1906-Public Act No. 24-76 60 of 109
1907-
1908-after such cannabis is sold and transferred to the consumer, qualifying
1909-patient or caregiver.
1910-(III) The net weight or volume, expressed in metric and imperial
1911-units.
1912-(IV) The standardized serving size, expressed in customary units, and
1913-the number of servings included in such packaging, if applicable.
1914-(V) Directions for use and storage.
1915-(VI) Each active ingredient comprising at least one per cent of such
1916-cannabis, including cannabinoids, isomers, esters, ethers and salts and
1917-salts of isomers, esters and ethers, and all quantities thereof expressed
1918-in metric units and as a percentage of volume.
1919-(VII) A list of all known allergens, as identified by the federal Food
1920-and Drug Administration, contained in such cannabis, or the denotation
1921-"no known FDA identified allergens" if such cannabis does not contain
1922-any allergen identified by the federal Food and Drug Administration.
1923-(VIII) The following warning statement within, and outlined by, a red
1924-box:
1925-"This product is not FDA-approved, may be intoxicating, cause long-
1926-term physical and mental health problems, and have delayed side
1927-effects. It is illegal to operate a vehicle or machinery under the influence
1928-of cannabis. Keep away from children."
1929-(IX) At least one of the following warning statements, rotated
1930-quarterly on an alternating basis:
1931-"Warning: Frequent and prolonged use of cannabis can contribute to
1932-mental health problems over time, including anxiety, depression,
1933-stunted brain development and impaired memory." Substitute House Bill No. 5150
1934-
1935-Public Act No. 24-76 61 of 109
1936-
1937-"Warning: Consumption while pregnant or breastfeeding may be
1938-harmful."
1939-"Warning: Cannabis has intoxicating effects and may be habit-
1940-forming and addictive."
1941-"Warning: Consuming more than the recommended amount may
1942-result in adverse effects requiring medical attention.".
1943-(X) All information necessary to comply with labeling requirements
1944-imposed under the laws of this state [or] and federal law, including, but
1945-not limited to, sections 21a-91 to 21a-120, inclusive, and 21a-151 to 21a-
1946-159, inclusive, the Federal Food, Drug and Cosmetic Act, 21 USC 301 et
1947-seq., as amended from time to time, and the federal Fair Packaging and
1948-Labeling Act, 15 USC 1451 et seq., as amended from time to time, for
1949-similar products that do not contain cannabis.
1950-(XI) Such additional warning labels for certain cannabis products as
1951-the commissioner may require and post on the department's Internet
1952-web site.
1953-(6) Establishing laboratory testing standards, consumer disclosures
1954-concerning mold and yeast in cannabis and permitted remediation
1955-practices.
1956-(7) Restricting forms of cannabis products and cannabis product
1957-delivery systems to ensure consumer safety and deter public health
1958-concerns.
1959-(8) Prohibiting certain manufacturing methods, or inclusion of
1960-additives to cannabis products, including, but not limited to, (A) added
1961-flavoring, terpenes or other additives unless approved by the
1962-department, or (B) any form of nicotine or other additive containing
1963-nicotine. Substitute House Bill No. 5150
1964-
1965-Public Act No. 24-76 62 of 109
1966-
1967-(9) Prohibiting cannabis product types that appeal to children.
1968-(10) Establishing physical and cyber security requirements related to
1969-build out, monitoring and protocols for cannabis establishments as a
1970-requirement for licensure.
1971-(11) Placing temporary limits on the sale of cannabis in the adult-use
1972-market, if deemed appropriate and necessary by the commissioner, in
1973-response to a shortage of cannabis for qualifying patients.
1974-(12) Requiring retailers and hybrid retailers to make best efforts to
1975-provide access to (A) low-dose THC products, including products that
1976-have one milligram and two and a half milligrams of THC per dose, and
1977-(B) high-dose CBD products.
1978-(13) Requiring producers, cultivators, micro-cultivators, product
1979-manufacturers and food and beverage manufacturers to register brand
1980-names for cannabis, in accordance with the policies and procedures and
1981-subject to the fee set forth in, regulations adopted under chapter 420f.
1982-(14) Prohibiting a cannabis establishment from selling, other than the
1983-sale of medical marijuana products between cannabis establishments
1984-and the sale of cannabis to qualified patients and caregivers, (A)
1985-cannabis flower or other cannabis plant material with a total THC
1986-concentration greater than thirty per cent on a dry-weight basis, and (B)
1987-any cannabis product other than cannabis flower and cannabis plant
1988-material with a total THC concentration greater than sixty per cent on a
1989-dry-weight basis, except that the provisions of subparagraph (B) of this
1990-subdivision shall not apply to the sale of prefilled cartridges for use in
1991-an electronic cannabis delivery system, as defined in section 19a-342a
1992-and the department may adjust the percentages set forth in
1993-subparagraph (A) or (B) of this subdivision in regulations adopted
1994-pursuant to this section for purposes of public health or to address
1995-market access or shortage. As used in this subdivision, "cannabis plant Substitute House Bill No. 5150
1996-
1997-Public Act No. 24-76 63 of 109
1998-
1999-material" means material from the cannabis plant, as defined in section
2000-21a-279a.
2001-(15) Permitting the outdoor cultivation of cannabis.
2002-(16) Prohibiting packaging that is (A) visually similar to any
2003-commercially similar product that does not contain cannabis, or (B) used
2004-for any good that is marketed to individuals reasonably expected to be
2005-younger than twenty-one years of age.
2006-(17) Allowing packaging to include a picture of the cannabis product
2007-and contain a logo of one cannabis establishment, which logo may be
2008-comprised of not more than three colors and provided neither black nor
2009-white shall be considered one of such three colors.
2010-(18) Requiring packaging to (A) be entirely and uniformly one color,
2011-and (B) not incorporate any information, print, embossing, debossing,
2012-graphic or hidden feature, other than any permitted or required label.
2013-(19) Requiring that packaging and labeling for an edible cannabis
2014-product, excluding the warning labels required under this subsection
2015-and a picture of the cannabis product described in subdivision (17) of
2016-this subsection but including, but not limited to, the logo of the cannabis
2017-establishment, shall only be comprised of black and white or a
2018-combination thereof.
2019-(20) (A) Except as provided in subparagraph (B) of this subdivision,
2020-requiring that delivery device cartridges be labeled, in a clearly legible
2021-manner and in as large a font as the size of the device reasonably allows,
2022-with only the following information (i) the name of the cannabis
2023-establishment where the cannabis is grown or manufactured, (ii) the
2024-cannabis brand, (iii) the total THC and total CBD content contained
2025-within the delivery device cartridge, (iv) the expiration date, and (v) the
2026-unique identifier generated by a cannabis analytic tracking system
2027-maintained by the department and used to track cannabis under the Substitute House Bill No. 5150
2028-
2029-Public Act No. 24-76 64 of 109
2030-
2031-policies and procedures issued, and final regulations adopted, by the
2032-commissioner pursuant to this section.
2033-(B) A cannabis establishment may emboss, deboss or similarly print
2034-the name of the cannabis establishment's business entity, and one logo
2035-with not more than three colors, on a delivery device cartridge.
2036-(21) Prescribing signage to be prominently displayed at dispensary
2037-facilities, retailers and hybrid retailers disclosing (A) possible health
2038-risks related to mold, and (B) the use and possible health risks related to
2039-the use of mold remediation techniques.
2040-Sec. 21. Subsection (b) of section 21a-421l of the general statutes is
2041-repealed and the following is substituted in lieu thereof (Effective July 1,
2042-2024):
2043-(b) A cannabis establishment shall (1) store all cannabis in such a
2044-manner as to prevent diversion, theft or loss, (2) make cannabis
2045-accessible only to the minimum number of specifically authorized
2046-employees essential for efficient operation, and (3) return any cannabis
2047-to a secure location at the end of the scheduled business day. For the
2048-purposes of this subsection, a location shall be deemed to be secure if
2049-the location satisfies the requirements imposed in subsection (b) of
2050-section 21a-262-4 of the regulations of Connecticut state agencies for
2051-controlled substances listed in schedules III, IV and V of the Connecticut
2052-controlled substance scheduling regulations adopted pursuant to
2053-section 21a-243.
2054-Sec. 22. Subsection (b) of section 21a-421bb of the 2024 supplement to
2055-the general statutes is repealed and the following is substituted in lieu
2056-thereof (Effective July 1, 2024):
2057-(b) Except as provided in subsection (d) of this section, cannabis
2058-establishments shall not: Substitute House Bill No. 5150
2059-
2060-Public Act No. 24-76 65 of 109
2061-
2062-(1) Advertise, including, but not limited to, through a business name
2063-or logo, cannabis, cannabis paraphernalia or goods or services related to
2064-cannabis:
2065-(A) In ways that target or are designed to appeal to individuals under
2066-twenty-one years of age, including, but not limited to, spokespersons or
2067-celebrities who appeal to individuals under the legal age to purchase
2068-cannabis or cannabis products, depictions of a person under twenty-five
2069-years of age consuming cannabis, or, the inclusion of objects, such as
2070-toys, characters or cartoon characters, suggesting the presence of a
2071-person under twenty-one years of age, or any other depiction designed
2072-in any manner to be appealing to a person under twenty-one years of
2073-age; or
2074-(B) By using any image, or any other visual representation, of the
2075-cannabis plant or any part of the cannabis plant, including, but not
2076-limited to, the leaf of the cannabis plant;
2077-(2) Engage in any advertising by means of any form of billboard
2078-within one thousand five hundred feet of an elementary or secondary
2079-school ground or a house of worship, recreation center or facility, child
2080-care center, playground, public park or library, or engage in any
2081-advertising by means of a billboard between the hours of six o'clock a.m.
2082-and eleven o'clock p.m.;
2083-(3) Engage in advertising by means of any television, radio, Internet,
2084-mobile application, social media or other electronic communication,
2085-billboard or other outdoor signage, or print publication unless the
2086-cannabis establishment has reliable evidence that at least ninety per cent
2087-of the audience for the advertisement is reasonably expected to be
2088-twenty-one years of age or older;
2089-(4) Engage in advertising or marketing directed toward location-
2090-based devices, including, but not limited to, cellular phones, unless the Substitute House Bill No. 5150
2091-
2092-Public Act No. 24-76 66 of 109
2093-
2094-marketing is a mobile device application installed on the device by the
2095-owner of the device who is twenty-one years of age or older and
2096-includes a permanent and easy opt-out feature and warnings that the
2097-use of cannabis is restricted to persons twenty-one years of age or older;
2098-(5) Advertise cannabis or cannabis products in a manner claiming or
2099-implying, or permit any employee of the cannabis establishment to
2100-claim or imply, that such products have curative or therapeutic effects,
2101-or that any other medical claim is true, or allow any employee to
2102-promote cannabis for a wellness purpose unless such claims are
2103-substantiated as set forth in regulations adopted under chapter 420f or
2104-verbally conveyed by a licensed pharmacist or other licensed medical
2105-practitioner in the course of business in, or while representing, a hybrid
2106-retail or dispensary facility;
2107-(6) Sponsor charitable, sports, musical, artistic, cultural, social or
2108-other similar events or advertising at, or in connection with, such an
2109-event unless the cannabis establishment has reliable evidence that (A)
2110-not more than ten per cent of the in-person audience at the event is
2111-reasonably expected to be under the legal age to purchase cannabis or
2112-cannabis products, and (B) not more than ten per cent of the audience
2113-that will watch, listen or participate in the event is expected to be under
2114-the legal age to purchase cannabis products;
2115-(7) Advertise cannabis, cannabis products or cannabis paraphernalia
2116-in any physical form visible to the public within five hundred feet of an
2117-elementary or secondary school ground or a recreation center or facility,
2118-child care center, playground, public park or library;
2119-(8) Cultivate cannabis or manufacture cannabis products for
2120-distribution outside of this state in violation of federal law, advertise in
2121-any way that encourages the transportation of cannabis across state lines
2122-or otherwise encourages illegal activity; Substitute House Bill No. 5150
2123-
2124-Public Act No. 24-76 67 of 109
2125-
2126-(9) Except for dispensary facilities and hybrid retailers, exhibit within
2127-or upon the outside of the facility used in the operation of a cannabis
2128-establishment, or include in any advertisement, the word "dispensary"
2129-or any variation of such term or any other words, displays or symbols
2130-indicating that such store, shop or place of business is a dispensary;
2131-(10) Exhibit within or upon the outside of the premises subject to the
2132-cannabis establishment license, or include in any advertisement the
2133-words "drug store", "pharmacy", "apothecary", "drug", "drugs" or
2134-"medicine shop" or any combination of such terms or any other words,
2135-displays or symbols indicating that such store, shop or place of business
2136-is a pharmacy;
2137-(11) Advertise on or in public or private vehicles or at bus stops, taxi
2138-stands, transportation waiting areas, train stations, airports or other
2139-similar transportation venues including, but not limited to, vinyl-
2140-wrapped vehicles or signs or logos on transportation vehicles not
2141-owned by a cannabis establishment;
2142-(12) Display cannabis, cannabis products or any image, or any other
2143-visual representation, of the cannabis plant or any part of the cannabis
2144-plant, including, but not limited to, the leaf of the cannabis plant, so as
2145-to be clearly visible to a person from the exterior of the facility used in
2146-the operation of a cannabis establishment, or display signs or other
2147-printed material advertising any brand or any kind of cannabis or
2148-cannabis product, or including any image, or any other visual
2149-representation, of the cannabis plant or any part of the cannabis plant,
2150-including, but not limited to, the leaf of the cannabis plant, on the
2151-exterior of any facility used in the operation of a cannabis establishment;
2152-(13) Utilize radio or loudspeaker, in a vehicle or in or outside of a
2153-facility used in the operation of a cannabis establishment, for the
2154-purposes of advertising the sale of cannabis or cannabis products; [or] Substitute House Bill No. 5150
2155-
2156-Public Act No. 24-76 68 of 109
2157-
2158-(14) Operate any web site advertising or depicting cannabis, cannabis
2159-products or cannabis paraphernalia unless such web site verifies that
2160-the entrants or users are twenty-one years of age or older; or
2161-(15) Engage in advertising or marketing that includes a discounted
2162-price or other promotional offering as an inducement to purchase any
2163-cannabis or cannabis product that is not a medical marijuana product,
2164-except a discounted price or promotional offering may be offered, as an
2165-inducement to purchase cannabis, (A) within a dispensary facility,
2166-retailer or hybrid retailer, (B) through a delivery service, or (C) on an
2167-Internet web site maintained by or for a dispensary facility, retailer or
2168-hybrid retailer where cannabis or cannabis products may be lawfully
2169-ordered.
2170-Sec. 23. Subdivision (30) of section 22-61l of the 2024 supplement to
2171-the general statutes is repealed and the following is substituted in lieu
2172-thereof (Effective July 1, 2024):
2173-(30) "Manufacturer hemp product" (A) means a commodity
2174-manufactured from the hemp plant, for commercial or research
2175-purposes, that is intended for human ingestion, inhalation, absorption
2176-or other internal consumption, that contains a THC concentration of not
2177-more than 0.3 per cent on a dry weight basis or per volume or weight of
2178-such manufacturer hemp product, and (B) does not include an infused
2179-beverage, as defined in section 26 of this act;
2180-Sec. 24. Section 22-61m of the 2024 supplement to the general statutes
2181-is repealed and the following is substituted in lieu thereof (Effective July
2182-1, 2024):
2183-(a) No person shall manufacture in the state without a license to
2184-manufacture issued by the Commissioner of Consumer Protection.
2185-Nothing in this section shall be construed to prohibit a person who is
2186-licensed in another state to manufacture, handle, store and market Substitute House Bill No. 5150
2187-
2188-Public Act No. 24-76 69 of 109
2189-
2190-manufacturer hemp products from applying for and obtaining a license
2191-in accordance with the provisions of this section.
2192-(b) Each applicant for a manufacturer license shall submit an
2193-application on a form and in a manner prescribed by the Commissioner
2194-of Consumer Protection.
2195-(c) The following fees shall apply for a license to manufacture:
2196-(1) A nonrefundable license application fee of seventy-five dollars;
2197-and
2198-(2) A nonrefundable licensing fee of three hundred seventy-five
2199-dollars for a license to manufacture hemp.
2200-(d) A license to manufacture issued by the Commissioner of
2201-Consumer Protection pursuant to this section shall expire triennially on
2202-June thirtieth. Such licenses shall not be transferable.
2203-(e) In accordance with a hearing held pursuant to chapter 54, the
2204-Commissioner of Consumer Protection may deny, suspend or revoke a
2205-manufacturer license, issue fines of not more than [two thousand five
2206-hundred] five thousand dollars per violation and place conditions upon
2207-a manufacturer licensee who violates the provisions of this section and
2208-any regulation adopted pursuant to this section.
2209-(f) (1) Any individual who manufactures in this state without
2210-obtaining a license pursuant to this section or who manufactures in this
2211-state after such entity's license is suspended or revoked shall be fined
2212-[two hundred fifty] ten thousand dollars in accordance with the
2213-provisions of section 51-164n.
2214-(2) Any entity who manufactures in this state without obtaining a
2215-license pursuant to this section, or who manufactures in this state after
2216-having a license suspended, shall be fined not more than [two thousand Substitute House Bill No. 5150
2217-
2218-Public Act No. 24-76 70 of 109
2219-
2220-five hundred] five thousand dollars per violation after a hearing
2221-conducted in accordance with the provisions of chapter 54.
2222-(g) Nothing in this chapter or any regulations adopted pursuant to
2223-this chapter shall be construed to apply to persons licensed pursuant to
2224-section 21a-408i nor to require persons licensed pursuant to said section
2225-to obtain a license pursuant to this chapter.
2226-(h) The Commissioner of Consumer Protection may inspect and shall
2227-have access to the buildings, equipment, supplies, vehicles, records, real
2228-property and other information of any manufacturer applicant or
2229-licensee that the commissioner deems necessary to carry out the
2230-commissioner's duties pursuant to this section.
2231-(i) (1) Each manufacturer shall follow the protocol in this subsection
2232-for disposing of cannabis in the event that any hemp or hemp product
2233-is deemed to exceed the prescribed THC concentration, as determined
2234-by the Commissioner of Consumer Protection, or a manufacturer
2235-licensee in possession of hemp or hemp products who desires to dispose
2236-of obsolete, misbranded, excess or otherwise undesired product. Each
2237-manufacturer licensee shall be responsible for all costs of disposal of
2238-hemp samples and any hemp produced by such licensee that violates
2239-the provisions of this section or any regulation adopted pursuant to this
2240-section. Any cannabis that exceeds the prescribed THC concentration
2241-allowable in hemp or hemp products shall be immediately embargoed
2242-by such manufacturer and clearly labeled as adulterated by such
2243-licensee and such licensee shall immediately notify both the Department
2244-of Consumer Protection and the Department of Agriculture, in writing,
2245-of such adulterated product. Such adulterated product shall be
2246-destroyed and disposed of by the following method, as determined by
2247-the Commissioner of Consumer Protection:
2248-(A) Surrender, without compensation, of such hemp or hemp product
2249-to the Commissioner of Consumer Protection who shall be responsible Substitute House Bill No. 5150
2250-
2251-Public Act No. 24-76 71 of 109
2252-
2253-for the destruction and disposal of such adulterated product; or
2254-(B) By disposal in a manner prescribed by the Commissioner of
2255-Consumer Protection.
2256-(2) Notwithstanding the provisions of subdivision (1) of this
2257-subsection, upon written request of a manufacturer, the Commissioner
2258-of Consumer Protection may permit such manufacturer to combine
2259-different batches of raw hemp plant material to achieve a THC
2260-concentration of 0.3 per cent on a dry weight basis, in lieu of embargo
2261-or destruction.
2262-(j) The manufacturer or manufacturer's authorized designee
2263-disposing of the hemp or hemp products shall maintain and make
2264-available to the Commissioner of Consumer Protection a record of each
2265-such disposal or destruction of product indicating:
2266-(1) The date, time and location of disposal or destruction;
2267-(2) The manner of disposal or destruction;
2268-(3) The batch or lot information and quantity of hemp or hemp
2269-product disposed of or destroyed; and
2270-(4) The signatures of the persons disposing of the hemp or hemp
2271-products, the authorized representative of the Commissioner of
2272-Consumer Protection and any other persons present during the
2273-disposal.
2274-(k) Any hemp intended to be manufactured by a manufacturer into a
2275-manufacturer hemp product shall be tested by an independent testing
2276-laboratory located in this state. A manufacturer licensee shall make
2277-available samples, in an amount and type determined by the
2278-Commissioner of Consumer Protection, of hemp for an independent
2279-testing laboratory employee to select random samples. The independent Substitute House Bill No. 5150
2280-
2281-Public Act No. 24-76 72 of 109
2282-
2283-testing laboratory shall test each sample in accordance with the
2284-laboratory testing standards established in policies, procedures and
2285-regulations adopted by the commissioner pursuant to section 21a-421j,
2286-as amended by this act.
2287-(l) Once a batch of hemp, intended to be sold as a manufacturer hemp
2288-product, has been homogenized for sample testing and eventual
2289-packaging and sale, until the independent testing laboratory provides
2290-the results from its tests and analysis, the manufacturer shall segregate
2291-and withhold from use the entire batch of hemp that is intended for use
2292-as a manufacturer hemp product, except the samples that have been
2293-removed by the independent testing laboratory for testing. During this
2294-period of segregation, the manufacturer licensee shall maintain the
2295-hemp batch in a secure, cool and dry location, as prescribed by the
2296-Commissioner of Consumer Protection, so as to prevent the hemp from
2297-becoming adulterated. Such manufacturer shall not manufacture or sell
2298-a manufacturer hemp product prior to the time that the independent
2299-testing laboratory completes testing and analysis and provides such
2300-results, in writing, to the manufacturer licensee who initiated such
2301-testing.
2302-(m) An independent testing laboratory shall immediately return or
2303-dispose of any hemp or manufacturer hemp product upon the
2304-completion of any testing, use or research. If an independent testing
2305-laboratory disposes of hemp or manufacturer hemp products, the
2306-laboratory shall dispose of such hemp in the following manner, as
2307-determined by the Commissioner of Consumer Protection:
2308-(1) By surrender, without compensation, of such hemp or
2309-manufacturer hemp product to the Commissioner o f Consumer
2310-Protection who shall be responsible for the destruction and disposal of
2311-such hemp or hemp product; or
2312-(2) By disposal in a manner prescribed by the Commissioner of Substitute House Bill No. 5150
2313-
2314-Public Act No. 24-76 73 of 109
2315-
2316-Consumer Protection.
2317-(n) If a sample does not pass the microbiological, mycotoxin, heavy
2318-metal or pesticide chemical residue test, based on the laboratory testing
2319-standards established in policies, procedures and regulations adopted
2320-by the Commissioner of Consumer Protection pursuant to section 21a-
2321-421j, as amended by this act, the manufacturer licensee who sent such
2322-batch for testing shall:
2323-(1) Retest and reanalyze the hemp from which the sample was taken
2324-by having an employee from the same laboratory randomly select
2325-another sample from the same hemp batch. If the sample used to retest
2326-or reanalyze such hemp yields satisfactory results for all testing
2327-required under this section, an employee from a different laboratory
2328-shall randomly select a different sample from the same hemp batch for
2329-testing. If both samples yield satisfactory results for all testing required
2330-under this section, the hemp batch from which the samples were taken
2331-shall be released for manufacturing, processing and sale;
2332-(2) If a remediation plan sufficient to ensure public health and safety
2333-is submitted to and approved by the commissioner, remediate the hemp
2334-batch from which the sample was taken and have a laboratory employee
2335-randomly select a sample from such remediated hemp batch for testing.
2336-If such randomly selected sample yields satisfactory results for any
2337-testing required under this section, an employee from a different
2338-laboratory shall randomly select a different sample from the same hemp
2339-batch for testing. If both samples yield satisfactory results for all testing
2340-required under this section, the hemp batch from which the samples
2341-were taken may be released for manufacturing, processing or sale; or
2342-(3) If the manufacturer does not retest or remediate, or if any
2343-subsequent laboratory testing does not yield satisfactory results for any
2344-testing required under this section, dispose of the entire batch from
2345-which the sample was taken in accordance with procedures established Substitute House Bill No. 5150
2346-
2347-Public Act No. 24-76 74 of 109
2348-
2349-by the Commissioner of Consumer Protection pursuant to subdivision
2350-(1) of subsection (i) of this section.
2351-(o) If a sample passes the microbiological, mycotoxin, heavy metal
2352-and pesticide chemical residue test, the independent testing laboratory
2353-shall release the entire batch for manufacturing, processing or sale.
2354-(p) The independent testing laboratory shall file with the Department
2355-of Consumer Protection an electronic copy of each laboratory test result
2356-for any batch that does not pass the microbiological, mycotoxin, heavy
2357-metal or pesticide chemical residue test, at the same time that it
2358-transmits such results to the manufacturer licensee who requested such
2359-testing. Each independent testing laboratory shall maintain the test
2360-results of each tested batch for a period of three years and shall make
2361-such results available to the Department of Consumer Protection upon
2362-request.
2363-(q) Manufacturers shall maintain records required by the federal act,
2364-this section, any regulation adopted pursuant to this section and the
2365-policies, procedures and regulations adopted by the Commissioner of
2366-Consumer Protection pursuant to section 21a-421j, as amended by this
2367-act. Each manufacturer shall make such records available to the
2368-Department of Consumer Protection immediately upon request and in
2369-electronic format, if available.
2370-(r) The Commissioner of Consumer Protection may adopt
2371-regulations, in accordance with the provisions of chapter 54, to
2372-implement the provisions of this section including, but not limited to,
2373-establishing sampling and testing procedures to ensure compliance
2374-with this section, prescribing storage and disposal procedures for hemp,
2375-marijuana and manufacturer hemp products that fail to pass
2376-Department of Consumer Protection prescribed independent testing
2377-laboratory testing standards and establishing advertising and labeling
2378-requirements for manufacturer hemp products. Substitute House Bill No. 5150
2379-
2380-Public Act No. 24-76 75 of 109
2381-
2382-(s) Any claim of health impacts, medical effects or physical or mental
2383-benefits shall be prohibited on any advertising for, labeling of or
2384-marketing of manufacturer hemp products regardless of whether such
2385-manufacturer hemp products were manufactured in this state or
2386-another jurisdiction. Any violation of this subsection shall be deemed an
2387-unfair or deceptive trade practice under subsection (a) of section 42-
2388-110b.
2389-(t) Not later than February 1, 2020, the Commissioners of Agriculture
2390-and Consumer Protection shall submit a report, in accordance with
2391-section 11-4a, to the joint standing committee of the general assembly
2392-having cognizance of matters relating to the environment on the status
2393-of the pilot program, the development of the state plan and any
2394-regulations for such pilot program or state plan. Such report shall also
2395-include any legislative recommendations, including, but not limited to,
2396-any recommendations for requiring the registration of any
2397-manufacturer hemp product offered for sale in this state.
2398-(u) (1) Any person who sells manufacturer hemp products shall not
2399-be required to be licensed, provided such person only engages in: (A)
2400-The retail or wholesale sale of manufacturer hemp products in which no
2401-further manufacturing of hemp occurs, provided such manufacturer
2402-hemp products are acquired from a person authorized to manufacture
2403-the manufacturer hemp products under the laws of this state or another
2404-state, territory or possession of the United States or another sovereign
2405-entity; (B) the acquisition of manufacturer hemp products for the sole
2406-purpose of product distribution for resale; and (C) the retail sale of
2407-manufacturer hemp products that is authorized under federal or state
2408-law.
2409-(2) The Commissioner of Consumer Protection or Commissioner of
2410-Revenue Services may, pursuant to section 4-182, summarily suspend
2411-any credential the Department of Consumer Protection or Department
2412-of Revenue Services, respectively, issued to any person who [sells Substitute House Bill No. 5150
2413-
2414-Public Act No. 24-76 76 of 109
2415-
2416-manufacturer hemp products in violation of subdivision (1) of this
2417-subsection or subsections (v) to (y), inclusive, of this section] violates
2418-any provision of this section or chapter 214c, 228d, 420f or 420h.
2419-(v) No manufacturer hemp product offered for sale in this state, or to
2420-a consumer in this state, shall contain any synthetic cannabinoid, as
2421-defined in section 21a-240, as amended by this act.
2422-(w) No manufacturer hemp product offered for sale in this state, or
2423-to a consumer in this state, shall be packaged, presented or advertised
2424-in a manner that is likely to mislead a consumer by incorporating any
2425-statement, brand, design, representation, picture, illustration or other
2426-depiction that: (1) Bears a reasonable resemblance to trademarked or
2427-characteristic packaging of (A) cannabis offered for sale (i) in this state
2428-by a cannabis establishment licensed in this state, or (ii) on tribal land
2429-by a tribal-credentialed cannabis entity, or (B) a commercially available
2430-product other than a cannabis product, as defined in section 21a-420, as
2431-amended by this act; or (2) implies that the manufacturer hemp product
2432-(A) is a cannabis product, as defined in section 21a-420, as amended by
2433-this act, (B) contains a total THC concentration greater than three-tenths
2434-per cent on a dry-weight basis, or (C) is a high-THC hemp product, as
2435-defined in section 21a-240, as amended by this act.
2436-(x) No manufacturer hemp product that is a food, beverage, oil or
2437-other product intended for human ingestion shall be distributed or sold
2438-in this state unless such product is contained within a package, or a label
2439-is affixed to such package, that includes:
2440-(1) A scannable barcode, Internet web site address or quick response
2441-code that is linked to the certificate of analysis of the final form product
2442-batch by an independent testing laboratory and discloses:
2443-(A) The name of such product;
2444-(B) The name, address and telephone number of such product's Substitute House Bill No. 5150
2445-
2446-Public Act No. 24-76 77 of 109
2447-
2448-manufacturer, packer and distributor, as applicable;
2449-(C) The batch number, which shall match the batch number on such
2450-package or label; and
2451-(D) The concentration of cannabinoids present in such product,
2452-including, but not limited to, total THC and any cannabinoids or active
2453-ingredients comprising at least one per cent of such product;
2454-(2) The expiration or best by date for such product, if applicable;
2455-(3) A clear and conspicuous statement disclosing that:
2456-(A) Children, or those who are pregnant or breastfeeding, should
2457-avoid using such product prior to consulting with a health care
2458-professional concerning such product's safety;
2459-(B) Products containing cannabinoids should be kept out of reach of
2460-children; and
2461-(C) The federal Food and Drug Administration has not evaluated
2462-such product for safety or efficacy; and
2463-(4) If such product is intended to be inhaled, a clear and conspicuous
2464-warning statement disclosing that smoking or vaporizing is hazardous
2465-to human health.
2466-(y) No manufacturer hemp product that is a topical, soap or cosmetic,
2467-as defined in section 21a-92, shall be distributed or sold in this state
2468-unless such product is contained within a package, or a label is affixed
2469-to such package, that includes:
2470-(1) A scannable barcode, Internet web site address or quick response
2471-code that is linked to the certificate of analysis of the final form extract
2472-or final form product batch by an independent testing laboratory and
2473-discloses: Substitute House Bill No. 5150
2474-
2475-Public Act No. 24-76 78 of 109
2476-
2477-(A) The name of such product;
2478-(B) The name, address and telephone number of such product's
2479-manufacturer, packer and distributor, as applicable;
2480-(C) The batch number, which shall match the batch number on such
2481-package or label; and
2482-(D) The concentration of cannabinoids present in such batch,
2483-including, but not limited to, total THC and any marketed cannabinoids;
2484-(2) The expiration or best by date for such product, if applicable; and
2485-(3) A clear and conspicuous statement disclosing the following:
2486-"THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY
2487-OR EFFICACY.".
2488-[(z) Any violation of subsections (u) to (y), inclusive, of this section
2489-shall be deemed an unfair or deceptive trade practice under subsection
2490-(a) of section 42-110b.]
2491-[(aa)] (z) Not later than October 31, 2023, and annually thereafter, the
2492-Department of Emergency Services and Public Protection shall, in
2493-consultation with the Department of Consumer Protection, publish a
2494-training bulletin to inform local law enforcement agencies and officers
2495-regarding the investigation and enforcement standards concerning
2496-cannabis and high-THC hemp products.
2497-[(bb)] (aa) Notwithstanding any provision of the general statutes: (1)
2498-CBD that is found in manufacturer hemp products shall not be
2499-considered a controlled substance, as defined in section 21a-240, as
2500-amended by this act, or legend drug, as defined in section 20-571; and
2501-(2) CBD derived from hemp and contained in manufacturer hemp
2502-products shall not be considered a controlled substance or adulterant. Substitute House Bill No. 5150
2503-
2504-Public Act No. 24-76 79 of 109
2505-
2506-(bb) Nothing in this section shall be construed to prohibit the
2507-shipment or transportation through this state of any hemp that is
2508-lawfully produced under federal law.
2509-Sec. 25. Subsection (c) of section 22-61n of the 2024 supplement to the
2510-general statutes is repealed and the following is substituted in lieu
2511-thereof (Effective July 1, 2024):
2512-(c) Hemp or hemp products purchased by a producer, cultivator,
2513-micro-cultivator, [or] product manufacturer or food and beverage
2514-manufacturer from a third party shall be tracked as a separate batch
2515-throughout the manufacturing process in order to document the
2516-disposition of such hemp or hemp products. Once hemp or hemp
2517-products are received by a producer, cultivator, micro-cultivator, [or]
2518-product manufacturer or food and beverage manufacturer, such hemp
2519-or hemp products shall be deemed cannabis and shall comply with the
2520-requirements for cannabis contained in the applicable provisions of the
2521-general statutes and any regulations adopted pursuant to such
2522-provisions. A producer, cultivator, micro-cultivator, [and] product
2523-manufacturer and food and beverage manufacturer shall retain a copy
2524-of the certificate of analysis for purchased hemp or hemp products and
2525-invoice and transport documents that evidence the quantity purchased
2526-and date received.
2527-Sec. 26. (NEW) (Effective July 1, 2024) For the purposes of this section
2528-and sections 27 and 28 of this act:
2529-(1) "Cannabis" means marijuana, as defined in section 21a-240 of the
2530-general statutes, as amended by this act;
2531-(2) "Cannabis establishment" has the same meaning as provided in
2532-section 21a-420 of the general statutes, as amended by this act;
2533-(3) "Cannabis product" has the same meaning as provided in section
2534-21a-420 of the general statutes, as amended by this act; Substitute House Bill No. 5150
2535-
2536-Public Act No. 24-76 80 of 109
2537-
2538-(4) "Cannabis testing laboratory" has the same meaning as provided
2539-in section 21a-408 of the general statutes, as amended by this act;
2540-(5) "Commissioner" means the Commissioner of Consumer
2541-Protection;
2542-(6) "Consumer" has the same meaning as provided in section 21a-420
2543-of the general statutes, as amended by this act;
2544-(7) "Container" (A) means an object that is offered, intended for sale
2545-or sold to a consumer and directly contains an infused beverage, and (B)
2546-does not include an object or packaging that indirectly contains, or
2547-contains in bulk for transportation purposes, an infused beverage;
2548-(8) "Cultivator" has the same meaning as provided in section 21a-420
2549-of the general statutes, as amended by this act;
2550-(9) "Department" means the Department of Consumer Protection;
2551-(10) "Dispensary facility" has the same meaning as provided in
2552-section 21a-420 of the general statutes, as amended by this act;
2553-(11) "Food and beverage manufacturer" has the same meaning as
2554-provided in section 21a-420 of the general statutes, as amended by this
2555-act;
2556-(12) "Hemp" has the same meaning as provided in section 22-61l of
2557-the general statutes, as amended by this act;
2558-(13) "Hemp producer" means producer, as defined in section 22-61l
2559-of the general statutes, as amended by this act;
2560-(14) "Hemp products" has the same meaning as provided in section
2561-22-61l of the general statutes, as amended by this act;
2562-(15) "Hybrid retailer" has the same meaning as provided in section Substitute House Bill No. 5150
2563-
2564-Public Act No. 24-76 81 of 109
2565-
2566-21a-420 of the general statutes, as amended by this act;
2567-(16) "Infused beverage" means a beverage that (A) is not an alcoholic
2568-beverage, as defined in section 30-1 of the general statutes, (B) is
2569-intended for human consumption, and (C) contains, or is advertised,
2570-labeled or offered for sale as containing, total THC that is not greater
2571-than three milligrams per container;
2572-(17) "Infused beverage manufacturer" means a person licensed by the
2573-Commissioner of Consumer Protection pursuant to section 27 of this act;
2574-(18) "Legacy infused beverage" means a beverage that (A) is not an
2575-alcoholic beverage, as defined in section 30-1 of the general statutes, (B)
2576-is intended for human consumption, (C) contains, or is advertised,
2577-labeled or offered for sale as containing, THC, as defined in section 21a-
2578-240 of the general statutes, as amended by this act, and (D) as of June 30,
2579-2024, is in compliance with (i) the provisions of RERACA, as defined in
2580-section 21a-420 of the general statutes, as amended by this act, and (ii)
2581-the policies and procedures issued by the Commissioner of Consumer
2582-Protection to implement, and any regulations adopted pursuant to,
2583-RERACA, as defined in section 21a-420 of the general statutes, as
2584-amended by this act;
2585-(19) "Micro-cultivator" has the same meaning as provided in section
2586-21a-420 of the general statutes, as amended by this act;
2587-(20) "Manufacturer hemp product" has the same meaning as
2588-provided in section 22-61l of the general statutes, as amended by this
2589-act;
2590-(21) "Producer" has the same meaning as provided in section 21a-420
2591-of the general statutes, as amended by this act;
2592-(22) "Product manufacturer" has the same meaning as provided in
2593-section 21a-420 of the general statutes, as amended by this act; Substitute House Bill No. 5150
2594-
2595-Public Act No. 24-76 82 of 109
2596-
2597-(23) "Retailer" has the same meaning as provided in section 21a-420
2598-of the general statutes, as amended by this act; and
2599-(24) "Total THC" has the same meaning as provided in section 21a-
2600-240 of the general statutes, as amended by this act.
2601-Sec. 27. (NEW) (Effective July 1, 2024) (a) Notwithstanding the
2602-provisions of sections 22-61m of the general statutes, as amended by this
2603-act, and 22-61n of the general statutes, as amended by this act, and
2604-except as provided in subsection (c) of this section, no person shall, on
2605-or after October 1, 2024, manufacture any infused beverage that is
2606-intended to be sold or offered for sale in this state unless such person
2607-has received an infused beverage manufacturer license issued by the
2608-Commissioner of Consumer Protection pursuant to this section.
2609-(b) A person seeking an infused beverage manufacturer license under
2610-this section shall submit to the Department of Consumer Protection, in
2611-a form and manner prescribed by the Commissioner of Consumer
2612-Protection, an application accompanied by an application fee in the
2613-amount of five thousand dollars. Each license issued pursuant to this
2614-section shall be valid for a period of one year, and shall be renewable for
2615-additional one-year periods upon submission of a renewal application
2616-in the manner, and payment of a renewal fee in the amount, set forth for
2617-an initial application under this subsection. All fees collected under this
2618-subsection shall be deposited in the consumer protection enforcement
2619-account established in section 21a-8a of the general statutes.
2620-(c) (1) A cultivator, micro-cultivator, food and beverage manufacturer
2621-or product manufacturer, or a producer that has received expanded
2622-authorization to engage in the adult use cannabis market under the
2623-producer's license issued pursuant to section 21a-408i of the general
2624-statutes, may, beginning on October 1, 2024, manufacture infused
2625-beverages in this state that are intended to be sold or offered for sale in
2626-this state if such cultivator, micro-cultivator, food and beverage Substitute House Bill No. 5150
2627-
2628-Public Act No. 24-76 83 of 109
2629-
2630-manufacturer, product manufacturer or producer submits to the
2631-Department of Consumer Protection, in a form and manner prescribed
2632-by the Commissioner of Consumer Protection, a written request to
2633-manufacture such infused beverages, and the commissioner approves
2634-such written request.
2635-(2) A cultivator, micro-cultivator, food and beverage manufacturer,
2636-product manufacturer or producer that receives approval from the
2637-Commissioner of Consumer Protection under subdivision (1) of this
2638-subsection shall be subject to all provisions of this section, and all
2639-regulations, policies and procedures adopted or issued pursuant to
2640-subsection (k) of this section, applicable to infused beverage
2641-manufacturers, except no such cultivator, micro-cultivator, food and
2642-beverage manufacturer, product manufacturer or producer shall be
2643-subject to the provisions of subsections (a) and (b) of this section.
2644-(d) (1) Beginning on October 1, 2024, no infused beverage
2645-manufacturer shall obtain any hemp product for the purpose of
2646-manufacturing any infused beverage that is intended to be sold or
2647-offered for sale in this state unless such hemp product is in the form of
2648-hemp oil, and no such infused beverage manufacturer shall use any
2649-hemp product other than hemp oil to manufacture any such infused
2650-beverage.
2651-(2) Beginning on October 1, 2024, no infused beverage manufacturer
2652-shall obtain any hemp oil for the purpose of manufacturing any infused
2653-beverage that is intended to be sold or offered for sale in this state unless
2654-such hemp oil:
2655-(A) Is derived from hemp;
2656-(B) (i) Was extracted from hemp grown by (I) a hemp producer, as
2657-evidenced by a certificate of authenticity issued by the hemp producer,
2658-or (II) a licensed hemp grower regulated by a state, territory or federally Substitute House Bill No. 5150
2659-
2660-Public Act No. 24-76 84 of 109
2661-
2662-recognized Indian tribe, and in accordance with a state or tribal plan
2663-approved by the United States Department of Agriculture, as evidenced
2664-by a certificate of authenticity issued by such licensed hemp grower, or
2665-(ii) was extracted (I) by a person who is actively credentialed by a state
2666-or federally recognized Indian tribe to extract hemp, and (II) in a facility
2667-that is credentialed by a state or federally recognized Indian tribe; and
2668-(C) Was extracted from hemp by using (i) a Class 3 residual solvent
2669-within the meaning of the most recent United States Pharmacopeia,
2670-Chapter 467, as amended from time to time, (ii) a solvent generally
2671-recognized as safe pursuant to the Federal Food, Drug and Cosmetic
2672-Act, or (iii) a solvent approved by the Department of Consumer
2673-Protection and posted on the department's Internet web site.
2674-(3) Beginning on October 1, 2024, each infused beverage
2675-manufacturer that manufactures any infused beverage that is intended
2676-to be sold or offered for sale in this state shall:
2677-(A) Not manufacture any such infused beverage with total THC that
2678-exceeds three milligrams per container;
2679-(B) Manufacture such infused beverage by using equipment that is
2680-exclusively used to manufacture an infused beverage or prepared in
2681-accordance with good manufacturing practices as set forth in 21 CFR
2682-Parts 110 and 111, as amended from time to time, as applicable; and
2683-(C) Ensure that all hemp oil such infused beverage manufacturer
2684-possesses to manufacture such infused beverage is (i) stored in a secure,
2685-locked location separate from any cannabis, (ii) clearly and
2686-conspicuously labeled as hemp oil solely for use in manufacturing an
2687-infused beverage, and (iii) solely used for the purpose of manufacturing
2688-an infused beverage.
2689-(e) (1) Beginning on October 1, 2024, no infused beverage that is sold
2690-or offered for sale in this state shall include (A) any additive that (i) is Substitute House Bill No. 5150
2691-
2692-Public Act No. 24-76 85 of 109
2693-
2694-psychotropic, or (ii) could increase the potency, toxicity or addictive
2695-properties of the infused beverage, including, but not limited to, caffeine
2696-other than caffeine naturally occurring in chocolate, or (B) total THC that
2697-exceeds three milligrams per container.
2698-(2) (A) Beginning on October 1, 2024, each lot of an infused beverage
2699-in final form shall be tested by a cannabis testing laboratory. A
2700-statistically significant number of samples shall be collected from such
2701-lot and submitted to the cannabis testing laboratory for final product
2702-testing in a manner approved by the Department of Consumer
2703-Protection. Such sampling and final product testing shall be conducted
2704-by using a representative sample of such lot and by collecting a
2705-minimum number of sample increments relative to the size of such lot.
2706-(B) Beginning on October 1, 2024, no infused beverage shall be sold
2707-or offered for sale in this state unless the infused beverage meets (i) the
2708-laboratory testing standards for cannabis established in, and any
2709-regulations, policies and procedures adopted or issued pursuant to,
2710-section 21a-421j of the general statutes, as amended by this act, or (ii)
2711-such other testing standards as may be approved by the Department of
2712-Consumer Protection and posted on the department's Internet web site.
2713-(3) Beginning on October 1, 2024, no infused beverage sold or offered
2714-for sale in this state shall be packaged, labeled or advertised in any
2715-manner that is likely to mislead an individual by incorporating any
2716-statement, brand, design, representation, picture, illustration or other
2717-depiction that:
2718-(A) Bears a reasonable resemblance to trademarked or characteristic
2719-packaging of (i) cannabis offered for sale (I) in this state by a cannabis
2720-establishment licensed in this state, or (II) on tribal land by a tribal-
2721-credentialed cannabis entity, or (ii) a commercially available product
2722-other than a cannabis product; or Substitute House Bill No. 5150
2723-
2724-Public Act No. 24-76 86 of 109
2725-
2726-(B) Appeals to individuals who are younger than twenty-one years of
2727-age by, among other things, (i) making use of any spokesperson or
2728-celebrity who appeals to such individuals, (ii) depicting any individual
2729-who is younger than twenty-five years of age consuming cannabis or an
2730-infused beverage, (iii) including any object, such as a toy, character or
2731-cartoon character, which suggests the presence of any individual who is
2732-younger than twenty-one years of age, or (iv) making use of any other
2733-method that is designed to appeal to any individual who is younger
2734-than twenty-one years of age.
2735-(4) Beginning on October 1, 2024, each infused beverage container
2736-sold or offered for sale in this state shall prominently display a symbol,
2737-in a size of not less than one-half inch by one-half inch and in a format
2738-approved by the Commissioner of Consumer Protection, that indicates
2739-that such infused beverage is not legal or safe for individuals younger
2740-than twenty-one years of age.
2741-(f) (1) Beginning on October 1, 2024, no infused beverage
2742-manufacturer shall sell an infused beverage to any person in this state
2743-other than (A) a dispensary facility, (B) a hybrid retailer, (C) a retailer,
2744-or (D) the holder of a wholesaler permit or a wholesaler permit for beer
2745-issued under section 30-17 of the general statutes.
2746-(2) Beginning on October 1, 2024, a dispensary facility, hybrid retailer
2747-or retailer, before selling an infused beverage to a consumer in this state,
2748-or wholesaler permittee, before selling an infused beverage to a package
2749-store permittee under subsection (b) of section 30-20 of the general
2750-statutes, as amended by this act, shall, based on a representative sample
2751-of the infused beverage containers included in the shipment that
2752-includes such infused beverage, (A) verify that the infused beverages
2753-included in such shipment satisfy the requirements established in
2754-subdivision (3) of subsection (e) of this section and any regulations
2755-adopted, and policies and procedures issued, pursuant to subsection (k)
2756-of this section, and (B) for the purpose of preserving public health and Substitute House Bill No. 5150
2757-
2758-Public Act No. 24-76 87 of 109
2759-
2760-safety, verify that the infused beverages included in such shipment were
2761-manufactured in accordance with requirements that are substantially
2762-similar to the requirements established in subsections (d) and (e) of this
2763-section and any regulations adopted, and policies and procedures
2764-issued, pursuant to subsection (k) of this section if such infused
2765-beverages were manufactured (i) in a facility located in, and regulated
2766-by, another state, and (ii) by a person who is regulated as a food or
2767-nonalcoholic beverage manufacturer.
2768-(g) Beginning on October 1, 2024, no cannabis establishment or
2769-infused beverage manufacturer, or agent or employee of a cannabis
2770-establishment or infused beverage manufacturer, shall gift or transfer
2771-any infused beverage to a consumer, at no cost to the consumer, as part
2772-of a commercial transaction.
2773-(h) Beginning on October 1, 2024, the Commissioner of Consumer
2774-Protection may request that an infused beverage manufacturer submit
2775-to the Department of Consumer Protection, in a form and manner
2776-prescribed by the commissioner, documentation sufficient to
2777-demonstrate that the infused beverage manufacturer is in compliance
2778-with the provisions of this section. The infused beverage manufacturer
2779-shall promptly provide such documentation to the department.
2780-(i) Beginning on October 1, 2024, each infused beverage manufacturer
2781-shall be subject to the investigation and enforcement provisions set forth
2782-in section 21a-421p of the general statutes.
2783-(j) Beginning on October 1, 2024, if the Commissioner of Consumer
2784-Protection determines, after consulting with the Attorney General, that
2785-the Agriculture Improvement Act of 2018, P.L. 115-334, as amended
2786-from time to time, has been amended in a manner that conflicts with any
2787-provision of this section, the commissioner shall prepare and submit a
2788-report, in coordination with the Attorney General and in accordance
2789-with the provisions of section 11-4a of the general statutes, to the joint Substitute House Bill No. 5150
2790-
2791-Public Act No. 24-76 88 of 109
2792-
2793-standing committee of the General Assembly having cognizance of
2794-matters relating to consumer protection. Such report shall, at a
2795-minimum, set forth the scope of such conflict and recommendations to
2796-resolve such conflict. The commissioner shall submit such report: (1)
2797-Not later than thirty days after the United States Department of
2798-Agriculture announces such amendment, if the General Assembly is in
2799-session; or (2) not later than sixty days after the United States
2800-Department of Agriculture announces such amendment, if the General
2801-Assembly is not in session.
2802-(k) The Commissioner of Consumer Protection may adopt
2803-regulations, in accordance with the provisions of chapter 54 of the
2804-general statutes, to implement the provisions of this section.
2805-Notwithstanding the requirements of sections 4-168 to 4-172, inclusive,
2806-of the general statutes, the commissioner shall, prior to adopting such
2807-regulations and in order to effectuate the provisions of this section, issue
2808-policies and procedures to implement the provisions of this section that
2809-shall have the force and effect of law. The commissioner shall post all
2810-policies and procedures on the Department of Consumer Protection's
2811-Internet web site, and submit such policies and procedures to the
2812-Secretary of the State for posting on the eRegulations System, at least
2813-fifteen days prior to the effective date of any policy or procedure. Any
2814-such policy or procedure shall no longer be effective upon the earlier of
2815-either the adoption of the policy or procedure as a final regulation under
2816-section 4-172 of the general statutes or forty-eight months from July 1,
2817-2024, if such regulations have not been submitted to the legislative
2818-regulation review committee for consideration under section 4-170 of
2819-the general statutes.
2820-(l) Beginning on October 1, 2024, and following a hearing conducted
2821-in accordance with chapter 54 of the general statutes, the Commissioner
2822-of Consumer Protection may impose an administrative civil penalty, not
2823-to exceed five thousand dollars per violation, and suspend, revoke or Substitute House Bill No. 5150
2824-
2825-Public Act No. 24-76 89 of 109
2826-
2827-place conditions upon any infused beverage manufacturer that violates
2828-any provision of this section or any regulation adopted pursuant to
2829-subsection (k) of this section. All administrative civil penalties collected
2830-under this subsection shall be deposited in the consumer protection
2831-enforcement account established in section 21a-8a of the general
2832-statutes.
2833-(m) Beginning on October 1, 2024, the Commissioner of Consumer
2834-Protection may, pursuant to section 4-182 of the general statutes,
2835-summarily suspend any credential the commissioner or Department of
2836-Consumer Protection has issued to any person who violates any
2837-provision of this section.
2838-(n) Any violation of the provisions of this section shall be deemed an
2839-unfair or deceptive trade practice under subsection (a) of section 42-110b
2840-of the general statutes.
2841-Sec. 28. (NEW) (Effective July 1, 2024) (a) (1) Beginning on October 1,
2842-2024, no infused beverage shall be sold, offered for sale or distributed in
2843-this state unless:
2844-(A) The infused beverage is sold or offered for sale (i) on premises
2845-operating under a package store permit issued pursuant to subsection
2846-(b) of section 30-20 of the general statutes, as amended by this act, or (ii)
2847-at a dispensary facility, hybrid retailer or retailer;
2848-(B) If the infused beverage is sold at a dispensary facility, hybrid
2849-retailer or retailer, the infused beverage is stored and displayed
2850-separately from any cannabis, in the same manner provided for
2851-manufacturer hemp products, in accordance with section 21a-409, 21a-
2852-420s or 21a-420r of the general statutes, respectively; and
2853-(C) The infused beverage meets the standards set forth for
2854-manufacturer hemp products in subsections (v) and (x) of section 22-
2855-61m of the general statutes, as amended by this act. Substitute House Bill No. 5150
2856-
2857-Public Act No. 24-76 90 of 109
2858-
2859-(2) Beginning on July 1, 2024, no infused beverage shall be sold, or
2860-offered for sale, at retail to any individual in this state by way of any
2861-indirect means, including, but not limited to, by way of mail or any
2862-telephonic or other electronic means.
2863-(b) No infused beverage shall be sold to any individual who is
2864-younger than twenty-one years of age. No owner, agent or employee of
2865-a package store permitted under subsection (b) of section 30-20 of the
2866-general statutes, as amended by this act, or of a dispensary facility,
2867-hybrid retailer or retailer, shall sell any infused beverage to an
2868-individual without first verifying the individual's age with a valid
2869-government-issued driver's license or identity card to establish that such
2870-individual is twenty-one years of age or older.
2871-(c) Beginning on October 1, 2024, no person shall sell, or offer for sale,
2872-any infused beverage in any container containing less than twelve fluid
2873-ounces, or any packaging comprised of more than four containers.
2874-(d) Notwithstanding the provisions of subsections (a) to (c), inclusive,
2875-of this section, a dispensary facility, hybrid retailer, retailer or package
2876-store that has received a waiver from the Commissioner of Consumer
2877-Protection under section 30 of this act may, during the period beginning
2878-on July 1, 2024, and ending on September 30, 2024, sell legacy infused
2879-beverages in accordance with such waiver and the requirements set
2880-forth in section 30 of this act.
2881-(e) Any violation of the provisions of this section shall be deemed an
2882-unfair or deceptive trade practice under subsection (a) of section 42-110b
2883-of the general statutes.
2884-Sec. 29. (NEW) (Effective from passage) (a) For the purposes of this
2885-section:
2886-(1) "Business" means any individual or sole proprietorship,
2887-partnership, firm, corporation, trust, limited liability company, limited Substitute House Bill No. 5150
2888-
2889-Public Act No. 24-76 91 of 109
2890-
2891-liability partnership, joint stock company, joint venture, association or
2892-other legal entity through which business for profit or not-for-profit is
2893-conducted;
2894-(2) "Commissioner" means the Commissioner of Consumer
2895-Protection;
2896-(3) "Container" (A) means an object that is intended for sale to a
2897-consumer, as defined in section 21a-420 of the general statutes, as
2898-amended by this act, and directly contains an infused beverage or legacy
2899-infused beverage, and (B) does not include an object or packaging that
2900-indirectly contains, or contains in bulk for transportation purposes, an
2901-infused beverage or legacy infused beverage;
2902-(4) "Dispensary facility" has the same meaning as provided in section
2903-21a-420 of the general statutes, as amended by this act;
2904-(5) "Hybrid retailer" has the same meaning as provided in section 21a-
2905-420 of the general statutes, as amended by this act;
2906-(6) "Infused beverage" means a beverage that (A) is not an alcoholic
2907-beverage, as defined in section 30-1 of the general statutes, (B) is
2908-intended for human consumption, and (C) contains, or is advertised,
2909-labeled or offered for sale as containing, total THC, as defined in section
2910-21a-240 of the general statutes, as amended by this act, that is not greater
2911-than three milligrams per container;
2912-(7) "Legacy infused beverage" means a beverage that (A) is not an
2913-alcoholic beverage, as defined in section 30-1 of the general statutes, (B)
2914-is intended for human consumption, (C) contains, or is advertised,
2915-labeled or offered for sale as containing, THC, as defined in section 21a-
2916-240 of the general statutes, as amended by this act, and (D) as of the
2917-effective date of this section, is in compliance with (i) the provisions of
2918-RERACA, as defined in section 21a-420 of the general statutes, as
2919-amended by this act, and (ii) the policies and procedures issued by the Substitute House Bill No. 5150
2920-
2921-Public Act No. 24-76 92 of 109
2922-
2923-Commissioner of Consumer Protection to implement, and any
2924-regulations adopted pursuant to, RERACA, as defined in section 21a-
2925-420 of the general statutes, as amended by this act;
2926-(8) "Package store" means premises operating under a permit issued
2927-under subsection (b) of section 30-20 of the general statutes, as amended
2928-by this act; and
2929-(9) "Retailer" has the same meaning as provided in section 21a-420 of
2930-the general statutes, as amended by this act.
2931-(b) (1) Beginning on May 15, 2024, no business, other than a
2932-dispensary facility, hybrid retailer, retailer or package store, shall sell
2933-any infused beverage or legacy infused beverage in this state unless
2934-such business has satisfied the requirements established in subdivision
2935-(1) of subsection (c) of this section.
2936-(2) Beginning on October 1, 2024, no business, other than a dispensary
2937-facility, hybrid retailer, retailer or package store, shall sell, or possess
2938-with intent to sell, any infused beverage or legacy infused beverage in
2939-this state unless such business has satisfied the requirements established
2940-in subsection (c) of this section.
2941-(c) (1) Not later than May 14, 2024, each business, other than a
2942-dispensary facility, hybrid retailer, retailer or package store, that owns
2943-and possesses any infused beverage or legacy infused beverage in this
2944-state on said date shall take an inventory of all containers such business
2945-owns and possesses in this state on said date.
2946-(2) Not later than June 15, 2024, each business, other than a
2947-dispensary facility, hybrid retailer, retailer or package store, shall
2948-submit to the Department of Consumer Protection, in a form and
2949-manner prescribed by the Commissioner of Consumer Protection:
2950-(A) A report disclosing the results of the inventory conducted Substitute House Bill No. 5150
2951-
2952-Public Act No. 24-76 93 of 109
2953-
2954-pursuant to subdivision (1) of this section; and
2955-(B) A fee in the amount of one dollar per container included in such
2956-inventory.
2957-(3) If any business, other than a dispensary facility, hybrid retailer,
2958-retailer or package store, fails to submit the report and pay the fee
2959-required under subdivision (2) of this subsection on or before June 15,
2960-2024, the Commissioner of Consumer Protection shall:
2961-(A) Make a good faith estimate, based on the information available to
2962-the commissioner, of the number of containers that such business
2963-owned, and were in such business's possession, in this state on May 14,
2964-2024; and
2965-(B) Invoice such business for a fee in the amount of one dollar per
2966-container described in subparagraph (A) of this subdivision.
2967-(d) All fees received by the Department of Consumer Protection
2968-under this section shall be deposited in the consumer protection
2969-enforcement account established in section 21a-8a of the general
2970-statutes.
2971-(e) If any business, other than a dispensary facility, hybrid retailer,
2972-retailer or package store, fails to submit the report and pay the fee
2973-required under subdivision (2) of subsection (c) of this section on or
2974-before June 15, 2024, the Commissioner of Consumer Protection may,
2975-subject to the provisions of chapter 54 of the general statutes, revoke,
2976-place conditions upon or suspend any certificate, license, permit,
2977-registration or other credential the Department of Consumer Protection
2978-has issued to or for such business.
2979-Sec. 30. (NEW) (Effective from passage) (a) For the purposes of this
2980-section: Substitute House Bill No. 5150
2981-
2982-Public Act No. 24-76 94 of 109
2983-
2984-(1) "Dispensary facility" has the same meaning as provided in section
2985-21a-420 of the general statutes, as amended by this act;
2986-(2) "Hybrid retailer" has the same meaning as provided in section 21a-
2987-420 of the general statutes, as amended by this act;
2988-(3) "Legacy infused beverage" means a beverage that (A) is not an
2989-alcoholic beverage, as defined in section 30-1 of the general statutes, (B)
2990-is intended for human consumption, (C) contains, or is advertised,
2991-labeled or offered for sale as containing, THC, as defined in section 21a-
2992-240 of the general statutes, as amended by this act, and (D) as of June 30,
2993-2024, is in compliance with (i) the provisions of RERACA, and (ii) the
2994-policies and procedures issued by the Commissioner of Consumer
2995-Protection to implement, and any regulations adopted pursuant to,
2996-RERACA;
2997-(4) "RERACA" has the same meaning as provided in section 21a-420
2998-of the general statutes, as amended by this act; and
2999-(5) "Retailer" has the same meaning as provided in section 21a-420 of
3000-the general statutes, as amended by this act.
3001-(b) During the period beginning on the effective date of this section
3002-and ending on June 30, 2024, a dispensary facility, hybrid retailer or
3003-retailer, or the holder of a package store permit issued under subsection
3004-(b) of section 30-20 of the general statutes, as amended by this act, may
3005-submit to the Department of Consumer Protection, in a form and
3006-manner prescribed by the Commissioner of Consumer Protection, an
3007-application for a waiver to, during the period beginning on July 1, 2024,
3008-and ending on September 30, 2024, sell the legacy infused beverages
3009-that, on the effective date of this section, are in the possession, and
3010-included in the inventory, of such dispensary facility, hybrid retailer,
3011-retailer or package store.
3012-(c) A waiver issued by the Commissioner of Consumer Protection Substitute House Bill No. 5150
3013-
3014-Public Act No. 24-76 95 of 109
3015-
3016-pursuant to subsection (b) of this section shall allow the dispensary
3017-facility, hybrid retailer, retailer or package store to, during the period
3018-beginning on July 1, 2024, and ending on September 30, 2024, sell the
3019-legacy infused beverages that, on the effective date of this section, are in
3020-the possession, and included in the inventory, of such dispensary
3021-facility, hybrid retailer, retailer or package store, provided all such sales
3022-are made (1) to individuals twenty-one years of age or older, and (2) in
3023-compliance with all applicable provisions of RERACA and the policies
3024-and procedures issued by the Commissioner of Consumer Protection to
3025-implement, and any regulations adopted pursuant to, RERACA.
3026-(d) No dispensary facility, hybrid retailer, retailer or package store
3027-shall sell any legacy infused beverage during the period beginning on
3028-July 1, 2024, and ending on September 30, 2024, unless the
3029-Commissioner of Consumer Protection has issued a waiver, pursuant to
3030-subsection (b) of this section, to the dispensary facility, hybrid retailer
3031-or retailer or the holder of the package store permit issued under
3032-subsection (b) of section 30-20 of the general statutes, as amended by
3033-this act.
3034-Sec. 31. (NEW) (Effective January 1, 2025) (a) As used in this section:
3035-(1) "Cannabis establishment" has the same meaning as provided in
3036-section 21a-420 of the general statutes, as amended by this act;
3037-(2) "Consumer" has the same meaning as provided in section 21a-420
3038-of the general statutes, as amended by this act;
3039-(3) "Container" (A) means an object that is offered, intended for sale
3040-or sold to a consumer and directly contains (i) a manufacturer hemp
3041-product, or (ii) a moderate-THC hemp product, and (B) does not include
3042-an object or packaging that indirectly contains, or contains in bulk for
3043-transportation purposes, (i) a manufacturer hemp product, or (ii) a
3044-moderate-THC hemp product; Substitute House Bill No. 5150
3045-
3046-Public Act No. 24-76 96 of 109
3047-
3048-(4) "Manufacturer hemp product" has the same meaning as provided
3049-in section 22-61l of the general statutes, as amended by this act;
3050-(5) "Moderate-THC hemp product" (A) means a manufacturer hemp
3051-product that has total THC, as defined in section 21a-240 of the general
3052-statutes, as amended by this act, of not less than one-half of one
3053-milligram, and not more than five milligrams, on a per-container basis,
3054-and (B) does not include (i) an infused beverage, as defined in section 26
3055-of this act, or (ii) a legacy infused beverage, as defined in section 26 of
3056-this act; and
3057-(6) "Moderate-THC hemp product vendor" means a person that (A)
3058-holds a certificate of registration issued by the Commissioner of
3059-Consumer Protection pursuant to this section, and (B) is not a cannabis
3060-establishment.
3061-(b) Beginning on January 1, 2025, no person shall sell any moderate-
3062-THC hemp product in the state unless such person is a cannabis
3063-establishment or holds a certificate of registration issued by the
3064-Commissioner of Consumer Protection pursuant to this section.
3065-(c) (1) (A) Beginning on January 1, 2025, a person seeking a certificate
3066-of registration as a moderate-THC hemp product vendor shall submit
3067-to the Commissioner of Consumer Protection, in a form and manner
3068-prescribed by the commissioner, an application accompanied by a
3069-nonrefundable application fee in the amount of two thousand dollars.
3070-Such application shall, at a minimum, disclose:
3071-(i) The location in the state where such person currently sells or
3072-proposes to sell, at retail, moderate-THC hemp products to consumers;
3073-and
3074-(ii) Except as provided in subparagraph (C) of this subdivision,
3075-information sufficient for the commissioner to determine that: Substitute House Bill No. 5150
3076-
3077-Public Act No. 24-76 97 of 109
3078-
3079-(I) During the preceding year, at least eighty-five per cent of the
3080-average monthly gross revenue generated at such existing retail location
3081-was derived from sales, at retail, of moderate-THC hemp products to
3082-consumers; or
3083-(II) It is reasonably likely that at least eighty-five per cent of the
3084-average monthly gross revenue to be generated at such proposed retail
3085-location will be derived from sales, at retail, of moderate-THC hemp
3086-products to consumers.
3087-(B) Except as provided in subparagraph (C) of this subdivision, the
3088-commissioner shall not issue a certificate of registration as a moderate-
3089-THC hemp product vendor unless the commissioner has determined
3090-that the applicant satisfies, or is reasonably likely to satisfy, the
3091-minimum sales threshold established in subparagraph (A) of this
3092-subdivision. Each such certificate shall expire annually, and shall allow
3093-the moderate-THC hemp product vendor to sell, at retail, moderate-
3094-THC hemp products to consumers at such location.
3095-(C) No person seeking a certificate of registration as a moderate-THC
3096-hemp product vendor shall be required to disclose information
3097-sufficient for the Commissioner of Consumer Protection to determine
3098-that such person satisfies, or is reasonably likely to satisfy, the minimum
3099-sales threshold established in subparagraph (A) of this subdivision if
3100-such person manufactures moderate-THC hemp products at the
3101-location in the state where such person sells or proposes to sell, at retail,
3102-moderate-THC hemp products to consumers. The commissioner may
3103-issue a certificate of registration as a moderate-THC hemp product
3104-vendor to a person that satisfies the criteria set forth in this
3105-subparagraph even if such person does not satisfy the minimum sales
3106-threshold established in subparagraph (A) of this subdivision.
3107-(2) (A) Each certificate issued pursuant to this section shall be
3108-renewable for additional one-year periods. Each moderate-THC hemp Substitute House Bill No. 5150
3109-
3110-Public Act No. 24-76 98 of 109
3111-
3112-product vendor seeking renewal shall submit to the Commissioner of
3113-Consumer Protection, in a form and manner prescribed by the
3114-commissioner, a renewal application accompanied by a nonrefundable
3115-renewal application fee in the amount of two thousand dollars. Such
3116-application shall, at a minimum and except as provided in
3117-subparagraph (B) of this subdivision, disclose information sufficient for
3118-the commissioner to determine that, during the preceding registration
3119-year, at least eighty-five per cent of the average monthly gross revenue
3120-generated at the moderate-THC hemp product vendor's registered retail
3121-location was derived from sales, at retail, of moderate-THC hemp
3122-products to consumers. Except as provided in subparagraph (B) of this
3123-subdivision, the commissioner shall not issue a renewal to a moderate-
3124-THC hemp product vendor unless the commissioner has determined
3125-that the moderate-THC hemp product vendor satisfied such minimum
3126-sales threshold.
3127-(B) No moderate-THC hemp product vendor seeking renewal of a
3128-certificate issued pursuant to this section shall be required to disclose
3129-information sufficient for the Commissioner of Consumer Protection to
3130-determine that such moderate-THC hemp product vendor satisfied the
3131-minimum sales threshold established in subparagraph (A) of this
3132-subdivision if such moderate-THC hemp product vendor manufactures
3133-moderate-THC hemp products at such moderate-THC hemp product
3134-vendor's registered retail location. The commissioner may issue a
3135-renewal to a moderate-THC hemp product vendor that satisfies the
3136-criteria set forth in this subparagraph even if the moderate-THC hemp
3137-product vendor did not satisfy the minimum sales threshold established
3138-in subparagraph (A) of this subdivision.
3139-(3) All fees collected by the department under this section shall be
3140-deposited in the consumer protection enforcement account established
3141-in section 21a-8a of the general statutes.
3142-(d) No person may act as a moderate-THC hemp product vendor, or Substitute House Bill No. 5150
3143-
3144-Public Act No. 24-76 99 of 109
3145-
3146-represent that such person is a moderate-THC hemp product vendor,
3147-unless such person has obtained and actively holds a certificate of
3148-registration as a moderate-THC hemp product vendor issued by the
3149-Commissioner of Consumer Protection pursuant to this section.
3150-(e) No cannabis establishment or moderate-THC hemp product
3151-vendor, or agent or employee of a cannabis establishment or moderate-
3152-THC hemp product vendor, shall sell a moderate-THC hemp product to
3153-any individual who is younger than twenty-one years of age. Prior to
3154-selling any moderate-THC hemp product to an individual, the cannabis
3155-establishment, moderate-THC hemp product vendor, agent or
3156-employee shall first verify the individual's age with a valid government-
3157-issued driver's license or identity card to establish that such individual
3158-is twenty-one years of age or older.
3159-(f) No person shall sell any moderate-THC hemp product intended
3160-for human ingestion in packaging that includes more than two
3161-containers.
3162-(g) All moderate-THC hemp products shall meet the standards set
3163-forth for manufacturer hemp products in subsections (v), (w) and (x) of
3164-section 22-61m of the general statutes, as amended by this act.
3165-(h) All moderate-THC hemp products shall meet (1) the testing
3166-standards for manufacturer hemp products established in, and any
3167-regulations adopted pursuant to, section 22-61m of the general statutes,
3168-as amended by this act, or (2) such other testing standards for
3169-manufacturer hemp products as the Commissioner of Consumer
3170-Protection, in the commissioner's discretion, may designate.
3171-(i) Each moderate-THC hemp product container shall prominently
3172-display a symbol, in a size of not less than one-half inch by one-half inch
3173-and in a format approved by the Commissioner of Consumer Protection,
3174-that indicates that such moderate-THC hemp product is not legal or safe Substitute House Bill No. 5150
3175-
3176-Public Act No. 24-76 100 of 109
3177-
3178-for individuals younger than twenty-one years of age.
3179-(j) No cannabis establishment or moderate-THC hemp product
3180-vendor, or agent or employee of a cannabis establishment or moderate-
3181-THC hemp product vendor, shall gift or transfer any moderate-THC
3182-hemp product at no cost to a consumer as part of a commercial
3183-transaction.
3184-(k) Each moderate-THC hemp product vendor shall be subject to the
3185-investigation and enforcement provisions set forth in section 21a-421p
3186-of the general statutes.
3187-(l) The Commissioner of Consumer Protection shall adopt
3188-regulations, in accordance with the provisions of chapter 54 of the
3189-general statutes, to implement the provisions of this section.
3190-Notwithstanding the requirements of sections 4-168 to 4-172, inclusive,
3191-of the general statutes, the commissioner shall, prior to adopting such
3192-regulations and in order to effectuate the provisions of this section, issue
3193-policies and procedures to implement the provisions of this section that
3194-shall have the force and effect of law. The commissioner shall post all
3195-policies and procedures on the Department of Consumer Protection's
3196-Internet web site, and submit such policies and procedures to the
3197-Secretary of the State for posting on the eRegulations System, at least
3198-fifteen days prior to the effective date of any policy or procedure. Any
3199-such policy or procedure shall no longer be effective upon the earlier of
3200-either the adoption of the policy or procedure as a final regulation under
3201-section 4-172 of the general statutes or forty-eight months from July 1,
3202-2024, if such regulations have not been submitted to the legislative
3203-regulation review committee for consideration under section 4-170 of
3204-the general statutes.
3205-(m) Following a hearing conducted in accordance with chapter 54 of
3206-the general statutes, the Commissioner of Consumer Protection may
3207-impose an administrative civil penalty, not to exceed five thousand Substitute House Bill No. 5150
3208-
3209-Public Act No. 24-76 101 of 109
3210-
3211-dollars per violation, and suspend, revoke or place conditions upon any
3212-moderate-THC hemp product vendor that violates any provision of this
3213-section or any regulation adopted pursuant to subsection (l) of this
3214-section. Any administrative civil penalty collected under this subsection
3215-shall be deposited in the consumer protection enforcement account
3216-established in section 21a-8a of the general statutes.
3217-Sec. 32. Section 21a-93 of the 2024 supplement to the general statutes
3218-is repealed and the following is substituted in lieu thereof (Effective
3219-January 1, 2025):
3220-The following acts and the causing thereof shall be prohibited: (1) The
3221-sale in intrastate commerce of any food, drug, device or cosmetic that is
3222-adulterated or misbranded; (2) the adulteration or misbranding of any
3223-food, drug, device or cosmetic in intrastate commerce; (3) the receipt in
3224-intrastate commerce of any food, drug, device or cosmetic that is
3225-adulterated or misbranded, and the sale thereof in such commerce for
3226-pay or otherwise; (4) the introduction or delivery for introduction into
3227-intrastate commerce of (A) any food in violation of section 21a-103 or (B)
3228-any new drug in violation of section 21a-110; (5) the dissemination
3229-within this state, in any manner or by any means or through any
3230-medium, of any false advertisement; (6) the refusal to permit (A) entry
3231-and the taking of a sample or specimen or the making of an investigation
3232-as authorized by section 21a-116, or (B) access to or copying of any
3233-record as authorized by section 21a-117; (7) the refusal to permit entry
3234-or inspection as authorized by section 21a-118; (8) the giving of a
3235-guaranty or undertaking in intrastate commerce, referred to in
3236-subsection (c) of section 21a-95, that is false; (9) the forging,
3237-counterfeiting, simulating or falsely representing, or, without proper
3238-authority, using, any mark, stamp, tag, label or other identification
3239-device authorized or required by regulations promulgated under the
3240-provisions of this chapter or of the federal act; (10) the alteration,
3241-mutilation, destruction, obliteration or removal of the whole or any part Substitute House Bill No. 5150
3242-
3243-Public Act No. 24-76 102 of 109
3244-
3245-of the labeling of a food, drug, device or cosmetic, or the doing of any
3246-other act with respect to a food, drug, device or cosmetic, or the labeling
3247-or advertisement thereof, which results in a violation of this chapter; (11)
3248-the using in interstate commerce, in the labeling or advertisement of any
3249-drug, of any representation or suggestion that an application with
3250-respect to such drug is effective under Section 355 of the federal act or
3251-under section 21a-110, or that such drug complies with the provisions
3252-of either such section; (12) the violation of any provision of section 21a-
3253-108; (13) in the case of a prescription drug distributed or offered for sale
3254-in this state, the failure of the manufacturer, packer or distributor
3255-thereof to maintain for transmittal, or to transmit, to any practitioner
3256-licensed by applicable state law to administer such drug who makes
3257-written request for information as to such drug, true and correct copies
3258-of all printed matter which is required to be included in any package in
3259-which that drug is distributed or sold, or such other printed matter as is
3260-approved by the commissioner or under the federal act. Nothing in this
3261-subdivision shall be construed to exempt any person from any labeling
3262-requirement imposed by or under other provisions of this chapter
3263-unless specifically exempted under the federal act, as effective on April
3264-26, 1974; (14) the using by any person to his own advantage, or
3265-revealing, other than to the commissioner or his duly authorized agents
3266-or to the courts when relevant in any judicial proceeding under this
3267-chapter, of any information acquired under authority of this chapter
3268-concerning any method, process, substance or any other subject which
3269-as a trade secret is entitled to protection; (15) (A) placing or causing to
3270-be placed upon any drug or device or upon the container of any drug or
3271-device, with intent to defraud, the trademark, trade name or other
3272-identifying mark, imprint or device of another or any likeness thereof;
3273-or (B) selling, dispensing, disposing of or causing to be sold, dispensed
3274-or disposed of or concealing or keeping in possession, control or
3275-custody, with intent to sell, dispense or dispose of, any drug, device or
3276-any container thereof transported, received or held for transportation in
3277-commerce, with knowledge that the trademark, trade name or other Substitute House Bill No. 5150
3278-
3279-Public Act No. 24-76 103 of 109
3280-
3281-identifying mark, imprint or device of another or any likeness thereof
3282-has been placed thereon in a manner prohibited by subparagraph (A) of
3283-this subdivision; or (C) making, selling, disposing of or causing to be
3284-made, sold or disposed of or keeping in possession, control or custody,
3285-or concealing, with intent to defraud, any punch, die, plate, stone or
3286-other thing designed to print, imprint or reproduce the trademark, trade
3287-name or other identifying mark, imprint or device of another or any
3288-likeness thereof upon any drug, device or container thereof; (16) failing
3289-to demonstrate adherence to applicable provisions of United States
3290-Pharmacopeia, Chapter 797, Pharmaceutical Compounding - Sterile
3291-Preparations, as amended from time to time, concerning compounding
3292-or preparation of sterile drugs; [or] (17) failing to demonstrate
3293-adherence to applicable provisions of United States Pharmacopeia,
3294-Chapter 795, Pharmaceutical Compounding – Nonsterile Preparations,
3295-as amended from time to time, concerning compounding or preparation
3296-of nonsterile drugs; or (18) selling any moderate-THC hemp product, as
3297-defined in section 31 of this act, without first obtaining a license as a
3298-cannabis establishment, as defined in section 21a-420, as amended by
3299-this act, or registering as a moderate-THC hemp product vendor
3300-pursuant to section 31 of this act.
3301-Sec. 33. Subsection (b) of section 30-20 of the general statutes is
3302-repealed and the following is substituted in lieu thereof (Effective July 1,
3303-2024):
3304-(b) (1) A package store permit shall allow the retail sale of alcoholic
3305-liquor in sealed bottles or containers not to be consumed on the permit
3306-premises. The holder of a package store permit may, in accordance with
3307-regulations adopted by the Department of Consumer Protection
3308-pursuant to the provisions of chapter 54, (A) offer free samples of
3309-alcoholic liquor for tasting on the permit premises, (B) conduct fee-
3310-based wine education and tasting classes and demonstrations, and (C)
3311-conduct tastings or demonstrations provided by a permittee or backer Substitute House Bill No. 5150
3312-
3313-Public Act No. 24-76 104 of 109
3314-
3315-of the package store for a nominal charge to charitable nonprofit
3316-organizations. Any offering, tasting, wine education and tasting class or
3317-demonstration held on permit premises shall be conducted only during
3318-the hours the package store may sell alcoholic liquor under section 30-
3319-91. No tasting of wine on the permit premises shall be offered from more
3320-than ten uncorked bottles at any one time.
3321-(2) No store operating under a package store permit shall sell any
3322-commodity other than alcoholic liquor except, notwithstanding any
3323-other provision of law, such store may sell (A) cigarettes and cigars, (B)
3324-publications, (C) bar utensils, including, but not limited to, corkscrews,
3325-beverage strainers, stirrers or other similar items used to consume, or
3326-related to the consumption of, alcoholic liquor, (D) gift packages of
3327-alcoholic liquor shipped into the state by a manufacturer or out-of-state
3328-shipper, which gift packages may include nonalcoholic items, other than
3329-food or tobacco products, if the dollar value of the nonalcoholic items in
3330-such gift package does not exceed the dollar value of the alcoholic items
3331-in such gift package, (E) complementary fresh fruits used in the
3332-preparation of mixed alcoholic beverages, (F) cheese, crackers or both,
3333-(G) olives, (H) nonalcoholic beverages, (I) concentrates used in the
3334-preparation of mixed alcoholic beverages, (J) beer and wine-making kits
3335-and products related to such kits, (K) ice in any form, (L) articles of
3336-clothing imprinted with advertising related to the alcoholic liquor
3337-industry, (M) gift baskets or other containers of alcoholic liquor, (N)
3338-multiple packages of alcoholic liquors, provided in all such cases the
3339-minimum retail selling price for such alcoholic liquor shall apply, (O)
3340-lottery tickets authorized by the Department of Consumer Protection, if
3341-licensed as an agent to sell such tickets by the department, (P) devices
3342-and related accessories designed primarily for accessing and extracting
3343-a beverage containing alcohol from prepackaged containers, including,
3344-but not limited to, pods, pouches or similar containers, but excluding
3345-devices, including, but not limited to, household blenders, that are not
3346-designed primarily for such purposes, (Q) alcohol-infused confections Substitute House Bill No. 5150
3347-
3348-Public Act No. 24-76 105 of 109
3349-
3350-containing not more than one-half of one per cent of alcohol by weight
3351-and which the commissioner has approved for sale under section 21a-
3352-101, [and] (R) gift baskets containing only containers of alcoholic liquor
3353-and commodities authorized for sale under subparagraphs (A) to (Q),
3354-inclusive, of this subdivision, (S) infused beverages, as defined in section
3355-26 of this act, provided (i) the package store permittee (I) paid to the
3356-department the annual fee for an infused beverage endorsement
3357-pursuant to this subdivision, and (II) purchased such infused beverages
3358-from the holder of a wholesaler permit or a wholesaler permit for beer
3359-issued under section 30-17, and (ii) such sales are made in accordance
3360-with the provisions of section 28 of this act, and (T) legacy infused
3361-beverages, as defined in section 30 of this act, provided all such sales
3362-shall be made (i) during the period beginning on July 1, 2024, and
3363-ending September 30, 2024, and (ii) in accordance with (I) a waiver
3364-issued pursuant to section 30 of this act, and (II) the requirements set
3365-forth in section 30 of this act. A package store permit shall also allow the
3366-taking and transmitting of orders for delivery of such merchandise in
3367-other states. Notwithstanding any other provision of law, a package
3368-store permit shall allow the participation in any lottery ticket promotion
3369-or giveaway sponsored by the department. The annual fee for a package
3370-store permit shall be five hundred thirty-five dollars. The annual fee for
3371-an infused beverage endorsement to a package store permit shall be five
3372-hundred dollars, and shall be deposited by the department in the
3373-consumer protection enforcement account established in section 21a-8a.
3374-Sec. 34. Section 30-63 of the general statutes is repealed and the
3375-following is substituted in lieu thereof (Effective July 1, 2024):
3376-(a) No holder of any manufacturer, wholesaler or out-of-state
3377-shipper's permit shall ship, transport or deliver within this state, or sell
3378-or offer for sale, any alcoholic liquors, except for beer manufactured by
3379-a permittee in this state and sold for consumption only on the
3380-permittee's premises, unless the name of the brand, trade name or other Substitute House Bill No. 5150
3381-
3382-Public Act No. 24-76 106 of 109
3383-
3384-distinctive characteristic by which such alcoholic liquors are bought and
3385-sold, the name and address of the manufacturer thereof and the name
3386-and address of each wholesaler permittee who is authorized by the
3387-manufacturer or his authorized representative to sell such alcoholic
3388-liquors are registered with the Department of Consumer Protection and
3389-until such brand, trade name or other distinctive characteristic has been
3390-approved by the department. Such registration shall be valid for a
3391-period of three years. The fee for such registration, or renewal thereof,
3392-shall be two hundred dollars for out-of-state shippers and fifteen dollars
3393-for Connecticut manufacturers for each brand so registered, payable by
3394-the manufacturer or such manufacturer's authorized representative
3395-when such liquors are manufactured in the United States and by the
3396-importer or such importer's authorized representative when such
3397-liquors are imported into the United States. The department shall not
3398-approve the brand registration of any fortified wine, as defined in
3399-section 12-433, which is labeled, packaged or canned so as to appear to
3400-be a wine or liquor cooler, as defined in section 12-433.
3401-(b) No manufacturer, wholesaler or out-of-state shipper permittee
3402-shall discriminate in any manner in price discounts between one
3403-permittee and another on sales or purchases of alcoholic liquors bearing
3404-the same brand or trade name and of like age, size and quality, nor shall
3405-such manufacturer, wholesaler or out-of-state shipper permittee allow
3406-in any form any discount, rebate, free goods, allowance or other
3407-inducement for the purpose of making sales or purchases. Nothing in
3408-this subsection shall be construed to prohibit beer manufacturers, beer
3409-wholesalers or beer out-of-state shipper permittees from differentiating
3410-in the manner in which their products are packaged on the basis of on-
3411-site or off-site consumption.
3412-(c) For alcoholic liquor other than beer, each manufacturer,
3413-wholesaler and out-of-state shipper permittee shall post with the
3414-department, on a monthly basis, the bottle, can and case price of any Substitute House Bill No. 5150
3415-
3416-Public Act No. 24-76 107 of 109
3417-
3418-brand of goods offered for sale in Connecticut, which price when so
3419-posted shall be the controlling price for such manufacturer, wholesaler
3420-or out-of-state permittee for the month following such posting. On and
3421-after July 1, 2005, for beer, each manufacturer, wholesaler and out-of-
3422-state shipper permittee shall post with the department, on a monthly
3423-basis, the bottle, can and case price, and the price per keg or barrel or
3424-fractional unit thereof for any brand of goods offered for sale in
3425-Connecticut which price when so posted shall be the controlling price
3426-for such brand of goods offered for sale in this state for the month
3427-following such posting. Such manufacturer, wholesaler and out-of-state
3428-shipper permittee may also post additional prices for such bottle, can,
3429-case, keg or barrel or fractional unit thereof for a specified portion of the
3430-following month which prices when so posted shall be the controlling
3431-prices for such bottle, can, case, keg or barrel or fractional unit thereof
3432-for such specified portion of the following month. Notice of all
3433-manufacturer, wholesaler and out-of-state shipper permittee prices
3434-shall be given to permittee purchasers by direct mail, Internet web site
3435-or advertising in a trade publication having circulation among the retail
3436-permittees except a wholesaler permittee may give such notice by hand
3437-delivery. Price postings with the department setting forth wholesale
3438-prices to retailers shall be available for inspection during regular
3439-business hours at the offices of the department by manufacturers and
3440-wholesalers until three o'clock p.m. of the first business day after the last
3441-day for posting prices. A manufacturer or wholesaler may amend such
3442-manufacturer's or wholesaler's posted price for any month to meet a
3443-lower price posted by another manufacturer or wholesaler with respect
3444-to alcoholic liquor bearing the same brand or trade name and of like age,
3445-vintage, quality and unit container size; provided that any such
3446-amended price posting shall be filed before three o'clock p.m. of the
3447-fourth business day after the last day for posting prices; and provided
3448-further such amended posting shall not set forth prices lower than those
3449-being met. Any manufacturer or wholesaler posting an amended price
3450-shall, at the time of posting, identify in writing the specific posting being Substitute House Bill No. 5150
3451-
3452-Public Act No. 24-76 108 of 109
3453-
3454-met. On and after July 1, 2005, all wholesaler postings, other than for
3455-beer, for the following month shall be provided to retail permittees not
3456-later than the twenty-seventh day of the month prior to such posting.
3457-All wholesaler postings for beer shall be provided to retail permittees
3458-not later than the twentieth day of the month prior to such posting.
3459-(d) Monthly price schedules on a family brand case shall contain the
3460-bottle price for each item contained in the family brand case, the unit
3461-price and the case price. The bottle price posted for a family brand case
3462-shall be equal to the bottle price posted for the same month in a case
3463-containing the one class and specific brand of alcoholic liquor. For
3464-purposes of this subsection, "family brand" means a group of different
3465-products belonging to a single brand that are marketed under a parent
3466-brand. Family brand cases shall be assembled and packaged by the
3467-supplier or by a third party, on behalf of the supplier, and shall not be
3468-assembled by the wholesaler.
3469-(e) The provisions of this section shall not apply to the sale or
3470-distribution of infused beverages or legacy infused beverages, as such
3471-terms are defined in section 26 of this act.
3472-Sec. 35. (NEW) (Effective July 1, 2024) (a) For the purposes of this
3473-section:
3474-(1) "Container" has the same meaning as provided in section 26 of this
3475-act; and
3476-(2) "Infused beverage" has the same meaning as provided in section
3477-26 of this act.
3478-(b) A fee of one dollar shall be assessed by the holder of a wholesaler
3479-permit or a wholesaler permit for beer issued under section 30-17 of the
3480-general statutes on each infused beverage container sold to the holder
3481-of a package store permit issued under subsection (b) of section 30-20 of
3482-the general statutes, as amended by this act. Such fee shall not be subject Substitute House Bill No. 5150
3483-
3484-Public Act No. 24-76 109 of 109
3485-
3486-to any sales tax or treated as income pursuant to any provision of the
3487-general statutes.
3488-(c) On January 2, 2025, and every six months thereafter, each holder
3489-of a wholesaler permit or a wholesaler permit for beer issued under
3490-section 30-17 of the general statutes shall remit payment to the
3491-department for each infused beverage container sold during the
3492-preceding six-month period. The funds received by the department
3493-from infused beverage sales shall be deposited in the consumer
3494-protection enforcement account established in section 21a-8a of the
3495-general statutes for the purposes of (1) protecting public health and
3496-safety, (2) educating consumers and licensees, and (3) ensuring
3497-compliance with cannabis and liquor control laws.
3498-Sec. 36. (NEW) (Effective July 1, 2024) Notwithstanding the provisions
3499-of section 21a-8a of the general statutes, the Commissioner of Consumer
3500-Protection shall, upon request by the Attorney General, execute an
3501-agreement with the Attorney General pursuant to which the
3502-Department of Consumer Protection shall provide to the Office of the
3503-Attorney General, from such funds as may be available in the consumer
3504-protection enforcement account established in said section, such funds
3505-as the commissioner and Attorney General may agree are necessary to
3506-pay for any personal services and other enforcement expenses incurred
3507-by said office in enforcing the provisions of section 21a-420c of the
3508-general statutes, as amended by this act.
16+Section 1. Subsection (a) of section 21a-8a of the general statutes is 1
17+repealed and the following is substituted in lieu thereof (Effective July 1, 2
18+2024): 3
19+(a) There is established an account to be known as the "consumer 4
20+protection enforcement account". The account may contain any moneys 5
21+required by law to be deposited in the account. Any balance remaining 6
22+in the account at the end of any fiscal year shall be carried forward in 7
23+the account for the fiscal year next succeeding. The account shall be used 8
24+by the Department of Consumer Protection to (1) fund positions and 9
25+other related expenses for the enforcement of Department of Consumer 10
26+Protection licensing and registration laws, and (2) protect public health 11
27+and safety, educate consumers and licensees and ensure compliance 12
28+with cannabis and liquor control laws, as set forth in sections 10 and 31 13
29+of this act. 14
30+Sec. 2. Section 21a-240 of the 2024 supplement to the general statutes 15
31+is repealed and the following is substituted in lieu thereof (Effective July 16
32+1, 2024): 17
33+The following words and phrases, as used in this chapter, shall have 18 Substitute Bill No. 5150
34+
35+
36+LCO 2 of 94
37+
38+the following meanings, unless the context otherwise requires: 19
39+(1) "Abuse of drugs" means the use of controlled substances solely for 20
40+their stimulant, depressant or hallucinogenic effect upon the higher 21
41+functions of the central nervous system and not as a therapeutic agent 22
42+prescribed in the course of medical treatment or in a program of 23
43+research operated under the direction of a physician or pharmacologist. 24
44+(2) "Administer" means the direct application of a controlled 25
45+substance, whether by injection, inhalation, ingestion or any other 26
46+means, to the body of a patient or research subject by: (A) A practitioner, 27
47+or, in the practitioner's presence, by the practitioner's authorized agent; 28
48+[, or] (B) the patient or research subject at the direction and in the 29
49+presence of the practitioner; [,] or (C) a nurse or intern under the 30
50+direction and supervision of a practitioner. 31
51+(3) "Agent" means an authorized person who acts on behalf of or at 32
52+the direction of a manufacturer, distributor, dispenser or prescribing 33
53+practitioner, but does not include a common or contract carrier, public 34
54+warehouseman [,] or employee of the carrier or warehouseman. 35
55+(4) "Amphetamine-type substances" include amphetamine, optical 36
56+isomers thereof, salts of amphetamine and its isomers, and chemical 37
57+compounds which are similar thereto in chemical structure or which are 38
58+similar thereto in physiological effect, and which show a like potential 39
59+for abuse, which are controlled substances under this chapter unless 40
60+modified. 41
61+(5) "Barbiturate-type drugs" include barbituric acid and its salts, 42
62+derivatives thereof and chemical compounds which are similar thereto 43
63+in chemical structure or which are similar thereto in physiological effect, 44
64+and which show a like potential for abuse, which are controlled 45
65+substances under this chapter unless modified. 46
66+(6) "Bureau" means the Bureau of Narcotics and Dangerous Drugs, 47
67+United States Department of Justice, or its successor agency. 48 Substitute Bill No. 5150
68+
69+
70+LCO 3 of 94
71+
72+(7) "Cannabis-type substances" include all parts of any plant, or 49
73+species of the genus cannabis or any infra specific taxon thereof whether 50
74+growing or not; the seeds thereof; the resin extracted from any part of 51
75+such a plant; and every compound, manufacture, salt, derivative, 52
76+mixture or preparation of such plant, its seeds or resin; but shall not 53
77+include the mature stalks of such plant, fiber produced from such stalks, 54
78+oil or cake made from the seeds of such plant, any other compound, 55
79+manufacture, salt, derivative, mixture or preparation of such mature 56
80+stalks, except the resin extracted therefrom, fiber, oil or cake, the 57
81+sterilized seed of such plant which is incapable of germination, or hemp, 58
82+as defined in 7 USC 1639o, as amended from time to time. Included are 59
83+cannabinon, cannabinol, cannabidiol and chemical compounds which 60
84+are similar to cannabinon, cannabinol or cannabidiol in chemical 61
85+structure or which are similar thereto in physiological effect, and which 62
86+show a like potential for abuse, which are controlled substances under 63
87+this chapter unless derived from hemp, as defined in section 22-61l. 64
88+(8) "Controlled drugs" are those drugs which contain any quantity of 65
89+a substance which has been designated as subject to the federal 66
90+Controlled Substances Act, or which has been designated as a 67
91+depressant or stimulant drug pursuant to federal food and drug laws, 68
92+or which has been designated by the Commissioner of Consumer 69
93+Protection pursuant to section 21a-243, as having a stimulant, 70
94+depressant or hallucinogenic effect upon the higher functions of the 71
95+central nervous system and as having a tendency to promote abuse or 72
96+psychological or physiological dependence, or both. Such controlled 73
97+drugs are classifiable as amphetamine-type, barbiturate-type, cannabis-74
98+type, cocaine-type, hallucinogenic, morphine-type and other stimulant 75
99+and depressant drugs. Specifically excluded from controlled drugs and 76
100+controlled substances are alcohol, nicotine and caffeine. 77
101+(9) "Controlled substance" means a drug, substance [,] or immediate 78
102+precursor in schedules I to V, inclusive, of the Connecticut controlled 79
103+substance scheduling regulations adopted pursuant to section 21a-243. 80
104+(10) "Counterfeit substance" means a controlled substance which, or 81 Substitute Bill No. 5150
105+
106+
107+LCO 4 of 94
108+
109+the container or labeling of which, without authorization, bears the 82
110+trademark, trade name or other identifying mark, imprint, number or 83
111+device, or any likeness thereof, of a manufacturer, distributor or 84
112+dispenser other than the person who in fact manufactured, distributed 85
113+or dispensed the substance. 86
114+(11) "Deliver or delivery" means the actual, constructive or attempted 87
115+transfer from one person to another of a controlled substance, whether 88
116+or not there is an agency relationship. 89
117+(12) "Dentist" means a person authorized by law to practice dentistry 90
118+in this state. 91
119+(13) "Dispense" means to deliver a controlled substance to an ultimate 92
120+user or research subject by or pursuant to the lawful order of a 93
121+practitioner, including the prescribing, administering, packaging, 94
122+labeling or compounding necessary to prepare the substance for the 95
123+delivery. 96
124+(14) "Dispenser" means a practitioner who dispenses. 97
125+(15) "Distribute" means to deliver other than by administering or 98
126+dispensing a controlled substance. 99
127+(16) "Distributor" means a person who distributes and includes a 100
128+wholesaler who is a person supplying or distributing controlled drugs 101
129+which the person personally has not produced or prepared to hospitals, 102
130+clinics, practitioners, pharmacies, other wholesalers, manufacturers and 103
131+federal, state and municipal agencies. 104
132+(17) "Drug" means: (A) [substances] Substances recognized as drugs 105
133+in the official United States Pharmacopoeia, official Homeopathic 106
134+Pharmacopoeia of the United States, or official National Formulary, or 107
135+any supplement to any of them; (B) substances intended for use in the 108
136+diagnosis, cure, mitigation, treatment or prevention of disease in man 109
137+or animals; (C) substances, other than food, intended to affect the 110
138+structure or any function of the body of man or animals; and (D) 111 Substitute Bill No. 5150
139+
140+
141+LCO 5 of 94
142+
143+substances intended for use as a component of any article specified in 112
144+subparagraph (A), (B) or (C) of this subdivision. [It] "Drug" does not 113
145+include devices or their components, parts or accessories. 114
146+(18) "Drug dependence" means a psychoactive substance dependence 115
147+on drugs as that condition is defined in the most recent edition of the 116
148+"Diagnostic and Statistical Manual of Mental Disorders" of the American 117
149+Psychiatric Association. 118
150+(19) "Drug-dependent person" means a person who has a 119
151+psychoactive substance dependence on drugs as that condition is 120
152+defined in the most recent edition of the "Diagnostic and Statistical 121
153+Manual of Mental Disorders" of the American Psychiatric Association. 122
154+(20) (A) "Drug paraphernalia" means equipment, products and 123
155+materials of any kind that are used, intended for use or designed for use 124
156+in planting, propagating, cultivating, growing, harvesting, 125
157+manufacturing, compounding, converting, producing, processing, 126
158+preparing, testing, analyzing, packaging, repackaging, storing, 127
159+containing or concealing, or ingesting, inhaling or otherwise 128
160+introducing into the human body, any controlled substance contrary to 129
161+the provisions of this chapter, including, but not limited to: (i) Kits 130
162+intended for use or designed for use in planting, propagating, 131
163+cultivating, growing or harvesting of any species of plant that is a 132
164+controlled substance or from which a controlled substance can be 133
165+derived; (ii) kits used, intended for use or designed for use in 134
166+manufacturing, compounding, converting, producing, processing or 135
167+preparing controlled substances; (iii) isomerization devices used or 136
168+intended for use in increasing the potency of any species of plant that is 137
169+a controlled substance; (iv) testing equipment used, intended for use or 138
170+designed for use in identifying or analyzing the strength, effectiveness 139
171+or purity of controlled substances; (v) dilutents and adulterants, 140
172+including, but not limited to, quinine hydrochloride, mannitol, mannite, 141
173+dextrose and lactose used, intended for use or designed for use in 142
174+cutting controlled substances; (vi) separation gins and sifters used, 143
175+intended for use or designed for use in removing twigs and seeds from, 144 Substitute Bill No. 5150
176+
177+
178+LCO 6 of 94
179+
180+or in otherwise cleaning or refining, marijuana; (vii) capsules and other 145
181+containers used, intended for use or designed for use in packaging small 146
182+quantities of controlled substances; (viii) containers and other objects 147
183+used, intended for use or designed for use in storing or concealing 148
184+controlled substances; and (ix) objects used, intended for use or 149
185+designed for use in ingesting, inhaling, or otherwise introducing 150
186+marijuana, cocaine, hashish [,] or hashish oil into the human body, 151
187+including, but not limited to, wooden, acrylic, glass, stone, plastic or 152
188+ceramic pipes with screens, permanent screens, hashish heads or 153
189+punctured metal bowls; water pipes; carburetion tubes and devices; 154
190+smoking and carburetion masks; roach clips; miniature cocaine spoons 155
191+and cocaine vials; chamber pipes; carburetor pipes; electric pipes; air-156
192+driven pipes; chillums; bongs; ice pipes and chillers. "Drug 157
193+paraphernalia" does not include a product used by a manufacturer 158
194+licensed pursuant to this chapter for the activities permitted under the 159
195+license or by an individual to test any substance prior to injection, 160
196+inhalation or ingestion of the substance to prevent accidental overdose 161
197+by injection, inhalation or ingestion of the substance, provided the 162
198+licensed manufacturer or individual is not using the product to engage 163
199+in the unlicensed manufacturing or distribution of controlled 164
200+substances. As used in this subdivision, "roach clip" means an object 165
201+used to hold burning material, including, but not limited to, a marijuana 166
202+cigarette, that has become too small or too short to be held between the 167
203+fingers. 168
204+(B) "Factory" means any place used for the manufacturing, mixing, 169
205+compounding, refining, processing, packaging, distributing, storing, 170
206+keeping, holding, administering or assembling illegal substances 171
207+contrary to the provisions of this chapter, or any building, rooms or 172
208+location which contains equipment or paraphernalia used for this 173
209+purpose. 174
210+(21) "Federal Controlled Substances Act, 21 USC 801 et seq." means 175
211+Public Law 91-513, the Comprehensive Drug Abuse Prevention and 176
212+Control Act of 1970. 177 Substitute Bill No. 5150
213+
214+
215+LCO 7 of 94
216+
217+(22) "Federal food and drug laws" means the federal Food, Drug and 178
218+Cosmetic Act, as amended, Title 21 USC 301 et seq. 179
219+(23) "Hallucinogenic substances" are psychodysleptic substances, 180
220+other than cannabis-type substances, which assert a confusional or 181
221+disorganizing effect upon mental processes or behavior and mimic 182
222+acute psychotic disturbances. Exemplary of such drugs are mescaline, 183
223+peyote, psilocyn and d-lysergic acid diethylamide, which are controlled 184
224+substances under this chapter unless modified. 185
225+(24) "Hospital", as used in sections 21a-243 to 21a-283, inclusive, 186
226+means an institution for the care and treatment of the sick and injured, 187
227+approved by the Department of Public Health or the Department of 188
228+Mental Health and Addiction Services as proper to be entrusted with 189
229+the custody of controlled drugs and substances and professional use of 190
230+controlled drugs and substances under the direction of a licensed 191
231+practitioner. 192
232+(25) "Intern" means a person who holds a degree of doctor of 193
233+medicine or doctor of dental surgery or medicine and whose period of 194
234+service has been recorded with the Department of Public Health and 195
235+who has been accepted and is participating in training by a hospital or 196
236+institution in this state. Doctors meeting the foregoing requirements and 197
237+commonly designated as "residents" and "fellows" shall be regarded as 198
238+interns for purposes of this chapter. 199
239+(26) "Immediate precursor" means a substance which the 200
240+Commissioner of Consumer Protection has found to be, and by 201
241+regulation designates as being, the principal compound commonly used 202
242+or produced primarily for use, and which is an immediate chemical 203
243+intermediary used or likely to be used, in the manufacture of a 204
244+controlled substance, the control of which is necessary to prevent, curtail 205
245+or limit manufacture. 206
246+(27) "Laboratory" means a laboratory approved by the Department of 207
247+Consumer Protection as proper to be entrusted with the custody of 208
248+controlled substances and the use of controlled substances for scientific 209 Substitute Bill No. 5150
249+
250+
251+LCO 8 of 94
252+
253+and medical purposes and for purposes of instruction, research or 210
254+analysis. 211
255+(28) "Manufacture" means the production, preparation, cultivation, 212
256+growing, propagation, compounding, conversion or processing of a 213
257+controlled substance, either directly or indirectly by extraction from 214
258+substances of natural origin, or independently by means of chemical 215
259+synthesis, or by a combination of extraction and chemical synthesis, and 216
260+includes any packaging or repackaging of the substance or labeling or 217
261+relabeling of its container, except that this term does not include the 218
262+preparation or compounding of a controlled substance by an individual 219
263+for the individual's own use or the preparation, compounding, 220
264+packaging or labeling of a controlled substance: (A) By a practitioner as 221
265+an incident to the practitioner administering or dispensing of a 222
266+controlled substance in the course of such practitioner's professional 223
267+practice; [,] or (B) by a practitioner, or by the practitioner's authorized 224
268+agent under such practitioner's supervision, for the purpose of, or as an 225
269+incident to, research, teaching or chemical analysis and not for sale. 226
270+(29) "Marijuana" means all parts of any plant, or species of the genus 227
271+cannabis or any infra specific taxon thereof, whether growing or not; the 228
272+seeds thereof; the resin extracted from any part of the plant; every 229
273+compound, manufacture, salt, derivative, mixture [,] or preparation of 230
274+such plant, or its [seeds or] resin; [,] any high-THC hemp product; 231
275+manufactured cannabinoids, synthetic cannabinoids, except as 232
276+provided in subparagraph (E) of this subdivision; or cannabinon, 233
277+cannabinol or cannabidiol and chemical compounds which are similar 234
278+to cannabinon, cannabinol or cannabidiol in chemical structure or which 235
279+are similar thereto in physiological effect, which are controlled 236
280+substances under this chapter, except cannabidiol derived from hemp, 237
281+as defined in section 22-61l, that is not a high-THC hemp product. 238
282+"Marijuana" does not include: (A) The mature stalks of such plant, fiber 239
283+produced from such stalks, oil or cake made from the seeds of such 240
284+plant, any other compound, manufacture, salt, derivative, mixture or 241
285+preparation of such mature stalks, except the resin extracted from such 242
286+mature stalks or fiber, oil or cake; (B) the sterilized seed of such plant 243 Substitute Bill No. 5150
287+
288+
289+LCO 9 of 94
290+
291+which is incapable of germination; (C) hemp, as defined in section 22-244
292+61l, (i) with a total THC concentration of not more than three-tenths per 245
293+cent on a dry-weight basis, and (ii) that is not a high-THC hemp product; 246
294+(D) any substance approved by the federal Food and Drug 247
295+Administration or successor agency as a drug and reclassified in any 248
296+schedule of controlled substances or unscheduled by the federal Drug 249
297+Enforcement Administration or successor agency which is included in 250
298+the same schedule designated by the federal Drug Enforcement 251
299+Administration or successor agency; [or] (E) synthetic cannabinoids 252
300+which are controlled substances that are designated by the 253
301+Commissioner of Consumer Protection, by whatever official, common, 254
302+usual, chemical or trade name designation, as controlled substances and 255
303+are classified in the appropriate schedule in accordance with 256
304+subsections (i) and (j) of section 21a-243; or (F) infused beverages, as 257
305+defined in section 21a-420, as amended by this act. 258
306+(30) "Narcotic substance" means any of the following, whether 259
307+produced directly or indirectly by extraction from a substance of 260
308+vegetable origin, or independently by means of chemical synthesis, or 261
309+by a combination of extraction and chemical synthesis: (A) Morphine-262
310+type: (i) Opium or opiate, or any salt, compound, derivative, or 263
311+preparation of opium or opiate which is similar to any such substance 264
312+in chemical structure or which is similar to any such substance in 265
313+physiological effect and which shows a like potential for abuse, which 266
314+is a controlled substance under this chapter unless modified; (ii) any 267
315+salt, compound, isomer, derivative, or preparation of any such 268
316+substance which is chemically equivalent or identical to any substance 269
317+referred to in clause (i) of this [subdivision] subparagraph, but not 270
318+including the isoquinoline alkaloids of opium; (iii) opium poppy or 271
319+poppy straw; or (iv) (I) fentanyl or any salt, compound, derivative or 272
320+preparation of fentanyl which is similar to any such substance in 273
321+chemical structure or which is similar to any such substance in 274
322+physiological effect and which shows a like potential for abuse, which 275
323+is a controlled substance under this chapter unless modified, or (II) any 276
324+salt, compound, isomer, derivative or preparation of any such substance 277 Substitute Bill No. 5150
325+
326+
327+LCO 10 of 94
328+
329+which is chemically equivalent or identical to any substance referred to 278
330+in subclause (I) of this clause; or (B) cocaine-type; coca leaves or any salt, 279
331+compound, derivative or preparation of coca leaves, or any salt, 280
332+compound, isomer, derivatives or preparation of any such substance 281
333+which is chemically equivalent or identical to any such substance or 282
334+which is similar to any such substance in physiological effect and which 283
335+shows a like potential for abuse, but not including decocainized coca 284
336+leaves or extractions of coca leaves which do not contain cocaine or 285
337+ecgonine. 286
338+(31) "Nurse" means a person performing nursing as defined in section 287
339+20-87a. 288
340+(32) "Official written order" means an order for controlled substances 289
341+written on a form provided by the bureau for that purpose under the 290
342+federal Controlled Substances Act. 291
343+(33) "Opiate" means any substance having an addiction-forming or 292
344+addiction-sustaining liability similar to morphine or being capable of 293
345+conversion into a drug having addiction-forming or addiction-294
346+sustaining liability; it does not include, unless specifically designated as 295
347+controlled under this chapter, the dextrorotatory isomer of 3-methoxy-296
348+n-methylmorthinan and its salts (dextro-methorphan) but shall include 297
349+its racemic and levorotatory forms. 298
350+(34) "Opium poppy" means the plant of the species papaver 299
351+somniferum l., except its seed. 300
352+(35) Repealed by P.A. 99-102, S. 51. 301
353+(36) "Other stimulant and depressant drugs" means controlled 302
354+substances other than amphetamine-type, barbiturate-type, cannabis-303
355+type, cocaine-type, hallucinogenics and morphine-type which are found 304
356+to exert a stimulant and depressant effect upon the higher functions of 305
357+the central nervous system and which are found to have a potential for 306
358+abuse and are controlled substances under this chapter. 307 Substitute Bill No. 5150
359+
360+
361+LCO 11 of 94
362+
363+(37) "Person" includes any corporation, limited liability company, 308
364+association or partnership, or one or more individuals, government or 309
365+governmental subdivisions or agency, business trust, estate, trust, or 310
366+any other legal entity. Words importing the plural number may include 311
367+the singular; words importing the masculine gender may be applied to 312
368+females. 313
369+(38) "Pharmacist" means a person authorized by law to practice 314
370+pharmacy pursuant to section 20-590, 20-591, 20-592 or 20-593. 315
371+(39) "Pharmacy" means an establishment licensed pursuant to section 316
372+20-594. 317
373+(40) "Physician" means a person authorized by law to practice 318
374+medicine in this state pursuant to section 20-9. 319
375+(41) "Podiatrist" means a person authorized by law to practice 320
376+podiatry in this state. 321
377+(42) "Poppy straw" means all parts, except the seeds, of the opium 322
378+poppy, after mowing. 323
379+(43) "Practitioner" means: (A) A physician, dentist, veterinarian, 324
380+podiatrist, scientific investigator or other person licensed, registered or 325
381+otherwise permitted to distribute, dispense, conduct research with 326
382+respect to or to administer a controlled substance in the course of 327
383+professional practice or research in this state; and (B) a pharmacy, 328
384+hospital or other institution licensed, registered or otherwise permitted 329
385+to distribute, dispense, conduct research with respect to or to administer 330
386+a controlled substance in the course of professional practice or research 331
387+in this state. 332
388+(44) "Prescribe" means order or designate a remedy or any 333
389+preparation containing controlled substances. 334
390+(45) "Prescription" means a written, oral or electronic order for any 335
391+controlled substance or preparation from a licensed practitioner to a 336
392+pharmacist for a patient. 337 Substitute Bill No. 5150
393+
394+
395+LCO 12 of 94
396+
397+(46) "Production" includes the manufacture, planting, cultivation, 338
398+growing or harvesting of a controlled substance. 339
399+(47) "Registrant" means any person licensed by this state and 340
400+assigned a current federal Bureau of Narcotics and Dangerous Drug 341
401+Registry Number as provided under the federal Controlled Substances 342
402+Act. 343
403+(48) "Registry number" means the alphabetical or numerical 344
404+designation of identification assigned to a person by the federal Drug 345
405+Enforcement Administration, or other federal agency, which is 346
406+commonly known as the federal registry number. 347
407+(49) "Restricted drugs or substances" are the following substances 348
408+without limitation and for all purposes: Datura stramonium; 349
409+hyoscyamus niger; atropa belladonna, or the alkaloids atropine; 350
410+hyoscyamine; belladonnine; apatropine; or any mixture of these 351
411+alkaloids such as daturine, or the synthetic homatropine or any salts of 352
412+these alkaloids, except that any drug or preparation containing any of 353
413+the above-mentioned substances which is permitted by federal food and 354
414+drug laws to be sold or dispensed without a prescription or written 355
415+order shall not be a controlled substance; amyl nitrite; the following 356
416+volatile substances to the extent that said chemical substances or 357
417+compounds containing said chemical substances are sold, prescribed, 358
418+dispensed, compounded, possessed or controlled or delivered or 359
419+administered to another person with the purpose that said chemical 360
420+substances shall be breathed, inhaled, sniffed or drunk to induce a 361
421+stimulant, depressant or hallucinogenic effect upon the higher functions 362
422+of the central nervous system: Acetone; benzene; butyl alcohol; butyl 363
423+nitrate and its salts, isomers, esters, ethers or their salts; cyclohexanone; 364
424+dichlorodifluoromethane; ether; ethyl acetate; formaldehyde; hexane; 365
425+isopropanol; methanol; methyl cellosolve acetate; methyl ethyl ketone; 366
426+methyl isobutyl ketone; nitrous oxide; pentochlorophenol; toluene; 367
427+toluol; trichloroethane; trichloroethylene; 1,4 butanediol. 368
428+(50) "Sale" is any form of delivery which includes barter, exchange or 369 Substitute Bill No. 5150
429+
430+
431+LCO 13 of 94
432+
433+gift, or offer therefor, and each such transaction made by any person 370
434+whether as principal, proprietor, agent, servant or employee. 371
435+(51) "State", when applied to a part of the United States, includes any 372
436+state, district, commonwealth, territory or insular possession thereof, 373
437+and any area subject to the legal authority of the United States of 374
438+America. 375
439+(52) "State food, drug and cosmetic laws" means the Uniform Food, 376
440+Drug and Cosmetic Act, section 21a-91 et seq. 377
441+(53) "Ultimate user" means a person who lawfully possesses a 378
442+controlled substance for the person's own use or for the use of a member 379
443+of such person's household or for administering to an animal owned by 380
444+such person or by a member of such person's household. 381
445+(54) "Veterinarian" means a person authorized by law to practice 382
446+veterinary medicine in this state. 383
447+(55) "Wholesaler" means a distributor or a person who supplies 384
448+controlled substances that the person personally has not produced or 385
449+prepared to registrants. 386
450+(56) "Reasonable times" means the time or times any office, care-387
451+giving institution, pharmacy, clinic, wholesaler, manufacturer, 388
452+laboratory, warehouse, establishment, store or place of business, vehicle 389
453+or other place is open for the normal affairs or business or the practice 390
454+activities usually conducted by the registrant. 391
455+(57) "Unit dose drug distribution system" means a drug distribution 392
456+system used in a hospital or chronic and convalescent nursing home in 393
457+which drugs are supplied in individually labeled unit of use packages, 394
458+each patient's supply of drugs is exchanged between the hospital 395
459+pharmacy and the drug administration area or, in the case of a chronic 396
460+and convalescent nursing home between a pharmacy and the drug 397
461+administration area, at least once each twenty-four hours and each 398
462+patient's medication supply for this period is stored within a patient-399 Substitute Bill No. 5150
463+
464+
465+LCO 14 of 94
466+
467+specific container, all of which is conducted under the direction of a 400
468+pharmacist licensed in Connecticut and, in the case of a hospital, directly 401
469+involved in the provision and supervision of pharmaceutical services at 402
470+such hospital at least thirty-five hours each week. 403
471+(58) "Cocaine in a free-base form" means any substance which 404
472+contains cocaine, or any compound, isomer, derivative or preparation 405
473+thereof, in a nonsalt form. 406
474+(59) "THC" means tetrahydrocannabinol, including, but not limited 407
475+to, delta-7, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol 408
476+and delta-10-tetrahydrocannabinol, and any material, compound, 409
477+mixture or preparation which contain their salts, isomers and salts of 410
478+isomers, whenever the existence of such salts, isomers and salts of 411
479+isomers is possible within the specific chemical designation, regardless 412
480+of the source, except: (A) Dronabinol substituted in sesame oil and 413
481+encapsulated in a soft gelatin capsule in a federal Food and Drug 414
482+Administration or successor agency approved product; [,] or (B) any 415
483+tetrahydrocannabinol product that has been approved by the federal 416
484+Food and Drug Administration or successor agency to have a medical 417
485+use and reclassified in any schedule of controlled substances or 418
486+unscheduled by the federal Drug Enforcement Administration or 419
487+successor agency. 420
488+(60) "Total THC" means the sum of the percentage by weight of 421
489+tetrahydrocannabinolic acid, multiplied by eight hundred seventy-422
490+seven-thousandths, plus the percentage of weight of THC. 423
491+(61) "Manufactured cannabinoid" means cannabinoids naturally 424
492+occurring from a source other than marijuana that are similar in 425
493+chemical structure or physiological effect to cannabinoids derived from 426
494+marijuana, as defined in section 21a-243, but are derived by a chemical 427
495+or biological process. 428
496+(62) "Synthetic cannabinoid" means any material, compound, mixture 429
497+or preparation which contains any quantity of a substance having a 430
498+psychotropic response primarily by agonist activity at cannabinoid-431 Substitute Bill No. 5150
499+
500+
501+LCO 15 of 94
502+
503+specific receptors affecting the central nervous system that is produced 432
504+artificially and not derived from an organic source naturally containing 433
505+cannabinoids, unless listed in another schedule pursuant to section 21a-434
506+243. 435
507+(63) "High-THC hemp product" (A) means a manufacturer hemp 436
508+product, as defined in section 22-61l, that has, or is advertised, labeled 437
509+or offered for sale as having, total THC that exceeds [(A) for a hemp 438
510+edible, hemp topical or hemp transdermal patch (i) one milligram on a 439
511+per-serving basis, or (ii) five milligrams on a per-container basis, (B) for 440
512+a hemp tincture, including, but not limited to, oil intended for ingestion 441
513+by swallowing, buccal administration or sublingual absorption (i) one 442
514+milligram on a per-serving basis, or (ii) twenty-five milligrams on a per-443
515+container basis, (C) for a hemp concentrate or extract, including, but not 444
516+limited to, a vape oil, wax or shatter, twenty-five milligrams on a per-445
517+container basis, or (D) for a manufacturer hemp product not described 446
518+in subparagraph (A), (B) or (C) of this subdivision, (i) one milligram on 447
519+a per-serving basis, (ii) five milligrams on a per-container basis, or (iii)] 448
520+(i) two and one-half milligrams on a per-container basis for any 449
521+manufacturer hemp product, or (ii) three-tenths per cent on a dry-450
522+weight basis for cannabis flower or cannabis trim, and (B) does not 451
523+include an infused beverage, as defined in section 21a-420, as amended 452
524+by this act. 453
525+Sec. 3. Section 21a-408 of the 2024 supplement to the general statutes 454
526+is repealed and the following is substituted in lieu thereof (Effective July 455
527+1, 2024): 456
528+As used in this section, sections 21a-408a to 21a-408o, inclusive, [and] 457
529+sections 21a-408r to 21a-408v, inclusive, and section 4 of this act, unless 458
530+the context otherwise requires: 459
531+(1) "Advanced practice registered nurse" means an advanced practice 460
532+registered nurse licensed pursuant to chapter 378; 461
533+(2) "Cannabis establishment" has the same meaning as provided in 462
534+section 21a-420, as amended by this act; 463 Substitute Bill No. 5150
535+
536+
537+LCO 16 of 94
538+
539+(3) "Cannabis testing laboratory" means a person who (A) is located 464
540+in this state, (B) is licensed by the department to analyze marijuana, and 465
541+(C) meets the licensure requirements established in section 21a-408r and 466
542+the regulations adopted pursuant to subsection (d) of section 21a-408r; 467
543+(4) "Cannabis testing laboratory employee" means a person who is 468
544+(A) employed at a cannabis testing laboratory, and (B) registered 469
545+pursuant to section 21a-408r and the regulations adopted pursuant to 470
546+subsection (d) of section 21a-408r; 471
547+(5) "Caregiver" means a person, other than the qualifying patient and 472
548+the qualifying patient's physician, physician assistant or advanced 473
549+practice registered nurse, who is eighteen years of age or older and has 474
550+agreed to undertake responsibility for managing the well-being of the 475
551+qualifying patient with respect to the palliative use of marijuana, 476
552+provided (A) in the case of a qualifying patient (i) under eighteen years 477
553+of age and not an emancipated minor, or (ii) otherwise lacking legal 478
554+capacity, such person shall be a parent, guardian or person having legal 479
555+custody of such qualifying patient, and (B) in the case of a qualifying 480
556+patient eighteen years of age or older or an emancipated minor, the need 481
557+for such person shall be evaluated by the qualifying patient's physician, 482
558+physician assistant or advanced practice registered nurse and such need 483
559+shall be documented in the written certification; 484
560+(6) "Cultivation" includes planting, propagating, cultivating, growing 485
561+and harvesting; 486
562+(7) "Debilitating medical condition" means (A) cancer, glaucoma, 487
563+positive status for human immunodeficiency virus or acquired immune 488
564+deficiency syndrome, Parkinson's disease, multiple sclerosis, damage to 489
565+the nervous tissue of the spinal cord with objective neurological 490
566+indication of intractable spasticity, epilepsy or uncontrolled intractable 491
567+seizure disorder, cachexia, wasting syndrome, Crohn's disease, 492
568+posttraumatic stress disorder, irreversible spinal cord injury with 493
569+objective neurological indication of intractable spasticity, cerebral palsy, 494
570+cystic fibrosis or terminal illness requiring end-of-life care, except, if the 495 Substitute Bill No. 5150
571+
572+
573+LCO 17 of 94
574+
575+qualifying patient is under eighteen years of age, "debilitating medical 496
576+condition" means terminal illness requiring end-of-life care, irreversible 497
577+spinal cord injury with objective neurological indication of intractable 498
578+spasticity, cerebral palsy, cystic fibrosis, severe epilepsy or uncontrolled 499
579+intractable seizure disorder, or (B) any medical condition, medical 500
580+treatment or disease approved for qualifying patients by the 501
581+Department of Consumer Protection and posted online pursuant to 502
582+section 21a-408l; 503
583+(8) "Dispensary facility" means a place of business where marijuana 504
584+may be dispensed, sold or distributed in accordance with this chapter 505
585+and any regulations adopted thereunder to qualifying patients and 506
586+caregivers and for which the department has issued a dispensary facility 507
587+license pursuant to this chapter; 508
588+(9) "Employee" has the same meaning as provided in section 21a-420, 509
589+as amended by this act; 510
590+(10) "Institutional animal care and use committee" means a committee 511
591+that oversees an organization's animal program, facilities and 512
592+procedures to ensure compliance with federal policies, guidelines and 513
593+principles related to the care and use of animals in research; 514
594+(11) "Institutional review board" means a specifically constituted 515
595+review body established or designated by an organization to protect the 516
596+rights and welfare of persons recruited to participate in biomedical, 517
597+behavioral or social science research; 518
598+(12) "Licensed dispensary" or "dispensary" means an individual who 519
599+is a licensed pharmacist employed by a dispensary facility or hybrid 520
600+retailer; 521
601+(13) "Marijuana" [means marijuana, as defined] has the same meaning 522
602+as provided in section 21a-240, as amended by this act; 523
603+(14) "Nurse" means a person who is licensed as a nurse under chapter 524
604+378; 525 Substitute Bill No. 5150
605+
606+
607+LCO 18 of 94
608+
609+(15) "Palliative use" means the acquisition, distribution, transfer, 526
610+possession, use or transportation of marijuana or paraphernalia relating 527
611+to marijuana, including the transfer of marijuana and paraphernalia 528
612+relating to marijuana from the patient's caregiver to the qualifying 529
613+patient, to alleviate a qualifying patient's symptoms of a debilitating 530
614+medical condition or the effects of such symptoms, but does not include 531
615+any such use of marijuana by any person other than the qualifying 532
616+patient; 533
617+(16) "Paraphernalia" means drug paraphernalia, as defined in section 534
618+21a-240, as amended by this act; 535
619+(17) "Physician" means a person who is licensed as a physician under 536
620+chapter 370; 537
621+(18) "Physician assistant" means a person who is licensed as a 538
622+physician assistant under chapter 370; 539
623+(19) "Producer" means a person who is licensed as a producer 540
624+pursuant to section 21a-408i; 541
625+(20) "Qualifying patient" means a person who [:] (A) [Is] is a resident 542
626+of Connecticut, (B) has been diagnosed by a physician, physician 543
627+assistant or advanced practice registered nurse as having a debilitating 544
628+medical condition, and (C) (i) is eighteen years of age or older, (ii) is an 545
629+emancipated minor, or (iii) has written consent from a custodial parent, 546
630+guardian or other person having legal custody of such person that 547
631+indicates that such person has permission from such parent, guardian 548
632+or other person for the palliative use of marijuana for a debilitating 549
633+medical condition and that such parent, guardian or other person will 550
634+(I) serve as a caregiver for the qualifying patient, and (II) control the 551
635+acquisition and possession of marijuana and any related paraphernalia 552
636+for palliative use on behalf of such person. "Qualifying patient" does not 553
637+include an inmate confined in a correctional institution or facility under 554
638+the supervision of the Department of Correction; 555
639+(21) "Research program" means a study approved by the Department 556 Substitute Bill No. 5150
640+
641+
642+LCO 19 of 94
643+
644+of Consumer Protection in accordance with this chapter and undertaken 557
645+to increase information or knowledge regarding the growth or 558
646+processing of marijuana, or the medical attributes, dosage forms, 559
647+administration or use of marijuana to treat or alleviate symptoms of any 560
648+medical conditions or the effects of such symptoms; 561
649+(22) "Research program employee" means a person who (A) is 562
650+registered as a research program employee under section 21a-408t, or 563
651+(B) holds a temporary certificate of registration issued pursuant to 564
652+section 21a-408t; 565
653+(23) "Research program subject" means a person registered as a 566
654+research program subject pursuant to section 21a-408v; 567
655+(24) "Usable marijuana" means the dried leaves and flowers of the 568
656+marijuana plant, and any mixtures or preparations of such leaves and 569
657+flowers, that are appropriate for the palliative use of marijuana, but does 570
658+not include the seeds, stalks and roots of the marijuana plant; and 571
659+(25) "Written certification" means a written certification issued by a 572
660+physician, physician assistant or advanced practice registered nurse 573
661+pursuant to section 21a-408c. 574
662+Sec. 4. (NEW) (Effective July 1, 2024) (a) Each cannabis establishment 575
663+shall submit marijuana samples to a cannabis testing laboratory for 576
664+testing as set forth in subsection (b) of this section. 577
665+(b) (1) A cannabis testing laboratory shall test each marijuana sample 578
666+submitted pursuant to subsection (a) of this section (A) for 579
667+microbiological contaminants, mycotoxins, heavy metals and pesticide 580
668+chemical residue, and (B) for purposes of conducting an active 581
669+ingredient analysis, if applicable. 582
670+(2) Microbiological contaminant testing conducted pursuant to 583
671+subparagraph (A) of subdivision (1) of this subsection shall include, but 584
672+not be limited to, microbiological contaminant testing for Aspergillus 585
673+species as set forth by the Department of Consumer Protection and 586 Substitute Bill No. 5150
674+
675+
676+LCO 20 of 94
677+
678+posted on the department's Internet web site. 587
679+(c) When conducting microbiological testing as set forth in subsection 588
680+(b) of this section, the marijuana sample shall be tested by using (1) a 589
681+molecular method which (A) includes quantitative polymerase chain 590
682+reaction, (B) is certified for identifying microbiological DNA, and (C) is 591
683+approved by (i) the Association of Official Analytical Collaboration 592
684+International, or (ii) a comparable national research and standard 593
685+making agency designated by the Commissioner of Consumer 594
686+Protection, or (2) an alternative testing method approved by the 595
687+Department of Consumer Protection and posted on the department's 596
688+Internet web site. 597
689+(d) If a marijuana sample does not pass the testing set forth in 598
690+subsection (b) of this section, the cannabis establishment that submitted 599
691+such failing marijuana sample to the cannabis testing laboratory shall: 600
692+(1) Repeat testing as set forth in subsections (a) and (b) of this section 601
693+on the marijuana batch from which such marijuana sample was taken, 602
694+in a form and manner approved by the Department of Consumer 603
695+Protection. If all repeated testing yields satisfactory results, the 604
696+marijuana batch from which the marijuana samples were taken shall be 605
697+released for sale; 606
698+(2) If such cannabis establishment submits to the Commissioner of 607
699+Consumer Protection a remediation plan that is sufficient to ensure 608
700+public health and safety, and the commissioner approves such 609
701+remediation plan, remediate the marijuana batch from which such 610
702+marijuana sample was taken and repeat all testing as set forth in 611
703+subsections (a) and (b) of this section on such remediated marijuana 612
704+batch, in a form and manner approved by the Department of Consumer 613
705+Protection. If all repeated testing yields satisfactory results, the 614
706+marijuana batch from which the marijuana samples were taken shall be 615
707+released for sale; or 616
708+(3) If such cannabis establishment does not comply with subdivision 617
709+(1) or (2) of this subsection, or if any subsequent laboratory testing does 618 Substitute Bill No. 5150
710+
711+
712+LCO 21 of 94
713+
714+not yield satisfactory results for the testing set forth in subsections (a) 619
715+and (b) of this section, dispose of the entire marijuana batch from which 620
716+the marijuana sample was taken in accordance with procedures 621
717+established by the Commissioner of Consumer Protection, as published 622
718+on the Department of Consumer Protection's Internet web site. 623
719+(e) For purposes of the testing set forth in subsections (a) and (b) of 624
720+this section, the quantity and number of marijuana samples taken shall 625
721+be sufficient to ensure representative sampling of the corresponding 626
722+marijuana batch size. The size of such corresponding marijuana batch 627
723+size shall not exceed the lesser of: 628
724+(1) Twenty-five pounds; or 629
725+(2) A smaller marijuana batch size, provided the Commissioner of 630
726+Consumer Protection (A) has determined that such smaller marijuana 631
727+batch size is necessary to protect public health and safety, and (B) posts 632
728+such smaller marijuana batch size on the Department of Consumer 633
729+Protection's Internet web site at least thirty days prior to the first date 634
730+on which the commissioner requires such smaller marijuana batch size. 635
731+Sec. 5. Section 21a-420 of the 2024 supplement to the general statutes 636
732+is repealed and the following is substituted in lieu thereof (Effective July 637
733+1, 2024): 638
734+As used in RERACA, unless the context otherwise requires: 639
735+(1) "Responsible and Equitable Regulation of Adult-Use Cannabis 640
736+Act" or "RERACA" means this section, sections 2-56j, 7-294kk, 7-294ll, 641
737+12-330ll to 12-330nn, inclusive, 14-227p, 21a-278b, 21a-278c, 21a-279c, 642
738+21a-279d, 21a-420a to 21a-420j, inclusive, 21a-420l to 21a-421r, inclusive, 643
739+21a-421aa to 21a-421ff, inclusive, 21a-421aaa to 21a-421hhh, inclusive, 644
740+21a-422 to 21a-422c, inclusive, 21a-422e to 21a-422g, inclusive, 21a-422j 645
741+to 21a-422s, inclusive, 22-61n, as amended by this act, 23-4b, 47a-9a, 53-646
742+247a, 53a-213a, 53a-213b, 54-33p, 54-56q, 54-56r, 54-125k and 54-142u, 647
743+sections 23, 60, 63 to 65, inclusive, 124, 144 and 165 of public act 21-1 of 648
744+the June special session, and the amendments in public act 21-1 of the 649 Substitute Bill No. 5150
745+
746+
747+LCO 22 of 94
748+
749+June special session to sections 7-148, 10-221, 12-30a, 12-35b, 12-412, 12-650
750+650, 12-704d, 14-44k, 14-111e, 14-227a to 14-227c, inclusive, 14-227j, 15-651
751+140q, 15-140r, 18-100h, 19a-342, 19a-342a, 21a-267, 21a-277, 21a-279, 21a-652
752+279a, 21a-408 to 21a-408f, inclusive, as amended by this act, 21a-408h to 653
753+21a-408p, inclusive, 21a-408r to 21a-408v, inclusive, 30-89a, 31-40q, 32-654
754+39, 46b-120, 51-164n, 53-394, 53a-39c, 54-1m, 54-33g, 54-41b, 54-56e, 54-655
755+56g, 54-56i, 54-56k, 54-56n, 54-63d, 54-66a and 54-142e, [and] section 20 656
756+of public act 23-79, section 4 of this act and sections 6 to 10, inclusive, of 657
757+this act; 658
758+(2) "Backer" means any individual with a direct or indirect financial 659
759+interest in a cannabis establishment. "Backer" does not include an 660
760+individual with an investment interest in a cannabis establishment if (A) 661
761+the interest held by such individual and such individual's spouse, 662
762+parent or child, in the aggregate, does not exceed five per cent of the 663
763+total ownership or interest rights in such cannabis establishment, and 664
764+(B) such individual does not participate directly or indirectly in the 665
765+control, management or operation of the cannabis establishment; 666
766+(3) "Cannabis" means marijuana, as defined in section 21a-240, as 667
767+amended by this act; 668
768+(4) "Cannabis establishment" means a producer, dispensary facility, 669
769+cultivator, micro-cultivator, retailer, hybrid retailer, food and beverage 670
770+manufacturer, product manufacturer, product packager, delivery 671
771+service or transporter; 672
772+(5) "Cannabis flower" means the flower, including abnormal and 673
773+immature flowers, of a plant of the genus cannabis that has been 674
774+harvested, dried, cured, chopped or ground, and prior to any processing 675
775+whereby the flower material is transformed into a cannabis product. 676
776+"Cannabis flower" does not include (A) the leaves or stem of such plant, 677
777+or (B) hemp, as defined in section 22-61l; 678
778+(6) "Cannabis testing laboratory" means a laboratory that (A) is 679
779+located in this state, (B) is licensed by the department to analyze 680
780+cannabis, and (C) meets the licensure requirements established in 681 Substitute Bill No. 5150
781+
782+
783+LCO 23 of 94
784+
785+section 21a-408r and the regulations adopted pursuant to subsection (d) 682
786+of section 21a-408r; 683
787+(7) "Cannabis testing laboratory employee" means an individual who 684
788+is (A) employed at a cannabis testing laboratory, and (B) registered 685
789+pursuant to section 21a-408r and the regulations adopted pursuant to 686
790+subsection (d) of section 21a-408r; 687
791+(8) "Cannabis trim" means all parts, including abnormal or immature 688
792+parts, of a plant of the genus cannabis, other than cannabis flower, that 689
793+have been harvested, dried and cured, and prior to any processing, 690
794+excluding chopping or grinding, whereby the plant material is 691
795+transformed into a cannabis product. "Cannabis trim" does not include 692
796+hemp, as defined in section 22-61l; 693
797+(9) "Cannabis product" means cannabis, intended for use or 694
798+consumption, that is in the form of (A) a cannabis concentrate, or (B) a 695
799+product that contains cannabis and at least one other cannabis or 696
800+noncannabis ingredient or component, excluding cannabis flower; 697
801+(10) "Cannabis concentrate" means any form of concentration, 698
802+including, but not limited to, extracts, oils, tinctures, shatter and waxes, 699
803+that is extracted from cannabis; 700
804+(11) "Cannabis-type substances" have the same meaning as 701
805+"marijuana", as defined in section 21a-240, as amended by this act; 702
806+(12) "Commissioner" means the Commissioner of Consumer 703
807+Protection and includes any designee of the commissioner; 704
808+(13) "Consumer" means an individual who is twenty-one years of age 705
809+or older; 706
810+(14) "Control" means the power to direct, or cause the direction of, the 707
811+management and policies of a cannabis establishment, regardless of 708
812+whether such power is possessed directly or indirectly; 709
813+(15) "Cultivation" has the same meaning as provided in section 21a-710 Substitute Bill No. 5150
814+
815+
816+LCO 24 of 94
817+
818+408, as amended by this act; 711
819+(16) "Cultivation lot" means one or more lots, as defined in section 22-712
820+61l, associated with a hemp producer's license issued pursuant to 713
821+section 22-61l; 714
822+[(16)] (17) "Cultivator" means a person that is licensed to engage in 715
823+the cultivation, growing and propagation of the cannabis plant at an 716
824+establishment with not less than fifteen thousand square feet of grow 717
825+space; 718
826+[(17)] (18) "Delivery service" means a person that is licensed to deliver 719
827+cannabis from (A) micro-cultivators, retailers and hybrid retailers to 720
828+consumers and research program subjects, and (B) hybrid retailers and 721
829+dispensary facilities to qualifying patients, caregivers and research 722
830+program subjects, as defined in section 21a-408, as amended by this act, 723
831+or to hospices or other inpatient care facilities licensed by the 724
832+Department of Public Health pursuant to chapter 368v that have a 725
833+protocol for the handling and distribution of cannabis that has been 726
834+approved by the department, or a combination thereof; 727
835+[(18)] (19) "Department" means the Department of Consumer 728
836+Protection; 729
837+[(19)] (20) "Dispensary facility" means a place of business where 730
838+cannabis may be dispensed, sold or distributed in accordance with 731
839+chapter 420f and any regulations adopted pursuant to said chapter, to 732
840+qualifying patients and caregivers, and to which the department has 733
841+issued a dispensary facility license pursuant to chapter 420f and any 734
842+regulations adopted pursuant to said chapter; 735
843+[(20)] (21) "Disproportionately impacted area" means (A) for the 736
844+period beginning July 1, 2021, and ending July 31, 2023, a United States 737
845+census tract in the state that has, as determined by the Social Equity 738
846+Council under subdivision (1) of subsection (i) of section 21a-420d, as 739
847+amended by this act, (i) a historical conviction rate for drug-related 740
848+offenses greater than one-tenth, or (ii) an unemployment rate greater 741 Substitute Bill No. 5150
849+
850+
851+LCO 25 of 94
852+
853+than ten per cent, [and] (B) [on and after] for the period beginning 742
854+August 1, 2023, and ending June 30, 2024, a United States census tract in 743
855+this state that has been identified by the Social Equity Council pursuant 744
856+to subdivision (2) of subsection (i) of section 21a-420d, as amended by 745
857+this act, (C) for the period beginning July 1, 2024, and ending December 746
858+31, 2024, (i) a United States census tract in this state that has been 747
859+identified by the Social Equity Council pursuant to subdivision (2) of 748
860+subsection (i) of section 21a-420d, as amended by this act, and (ii) a 749
861+reservation, as defined in section 47-63, as set forth in subdivision (3) of 750
862+subsection (i) of section 21a-420d, as amended by this act, and (D) on 751
863+and after January 1, 2025, (i) a United States census tract in this state that 752
864+has been identified by the Social Equity Council pursuant to subdivision 753
865+(2) of subsection (i) of section 21a-420d, as amended by this act, (ii) a 754
866+reservation, as defined in section 47-63, as set forth in subdivision (3) of 755
867+subsection (i) of section 21a-420d, as amended by this act, and (iii) a 756
868+parcel of land described in subdivision (4) of subsection (i) of section 757
869+21a-420d, as amended by this act; 758
870+[(21)] (22) "Disqualifying conviction" means a conviction within the 759
871+last ten years which has not been the subject of an absolute pardon 760
872+under the provisions of section 54-130a, or an equivalent pardon process 761
873+under the laws of another state or the federal government, for an offense 762
874+under (A) section 53a-276, 53a-277 or 53a-278, [;] (B) section 53a-291, 53a-763
875+292 or 53a-293, [;] (C) section 53a-215, [;] (D) section 53a-138 or 53a-139, 764
876+[;] (E) section 53a-142a, [;] (F) sections 53a-147 to 53a-162, inclusive, [;] 765
877+(G) sections 53a-125c to 53a-125f, inclusive, [;] (H) section 53a-129b, 53a-766
878+129c or 53a-129d, [;] (I) subsection (b) of section 12-737, [;] (J) section 53a-767
879+48 or 53a-49, if the offense which is attempted or is an object of the 768
880+conspiracy is an offense under the statutes listed in subparagraphs (A) 769
881+to (I), inclusive, of this subdivision, [;] or (K) the law of any other state 770
882+or of the federal government, if the offense on which such conviction is 771
883+based is defined by elements that substantially include the elements of 772
884+an offense under the statutes listed in subparagraphs (A) to (J), inclusive, 773
885+of this subdivision; 774
886+[(22)] (23) "Dispensary technician" means an individual who has had 775 Substitute Bill No. 5150
887+
888+
889+LCO 26 of 94
890+
891+an active pharmacy technician or dispensary technician registration in 776
892+this state within the past five years, is affiliated with a dispensary facility 777
893+or hybrid retailer and is registered with the department in accordance 778
894+with chapter 420f and any regulations adopted pursuant to said chapter; 779
895+[(23)] (24) "Edible cannabis product" means a cannabis product 780
896+intended for humans to eat or drink; 781
897+[(24)] (25) "Employee" means any person who is not a backer, but is a 782
898+member of the board of a company with an ownership interest in a 783
899+cannabis establishment, and any person employed by a cannabis 784
900+establishment or who otherwise has access to such establishment or the 785
901+vehicles used to transport cannabis, including, but not limited to, an 786
902+independent contractor who has routine access to the premises of such 787
903+establishment or to the cannabis handled by such establishment; 788
904+[(25)] (26) "Equity" and "equitable" means efforts, regulations, 789
905+policies, programs, standards, processes and any other functions of 790
906+government or principles of law and governance intended to [:] (A) 791
907+[Identify] identify and remedy past and present patterns of 792
908+discrimination and disparities of race, ethnicity, gender and sexual 793
909+orientation, [;] (B) ensure that such patterns of discrimination and 794
910+disparities, whether intentional or unintentional, are neither reinforced 795
911+nor perpetuated, [;] and (C) prevent the emergence and persistence of 796
912+foreseeable future patterns of discrimination or disparities of race, 797
913+ethnicity, gender and sexual orientation; 798
914+[(26)] (27) "Equity joint venture" means a business entity that is 799
915+controlled, and at least fifty per cent owned, by an individual or 800
916+individuals, or such applicant is an individual, who meets the criteria of 801
917+subparagraphs (A) and (B) of subdivision [(50)] (54) of this section; 802
918+[(27)] (28) "Extract" means the preparation, compounding, conversion 803
919+or processing of cannabis, either directly or indirectly by extraction or 804
920+independently by means of chemical synthesis, or by a combination of 805
921+extraction and chemical synthesis to produce a cannabis concentrate; 806 Substitute Bill No. 5150
922+
923+
924+LCO 27 of 94
925+
926+[(28)] (29) "Financial interest" means any right to, ownership, an 807
927+investment or a compensation arrangement with another person, 808
928+directly, through business, investment or family. "Financial interest" 809
929+does not include ownership of investment securities in a publicly-held 810
930+corporation that is traded on a national exchange or over-the-counter 811
931+market, provided the investment securities held by such person and 812
932+such person's spouse, parent or child, in the aggregate, do not exceed 813
933+one-half of one per cent of the total number of shares issued by the 814
934+corporation; 815
935+[(29)] (30) "Food and beverage manufacturer" means a person that is 816
936+licensed to own and operate a place of business that acquires cannabis 817
937+and creates food and beverages; 818
938+[(30)] (31) "Grow space" means the portion of a premises owned and 819
939+controlled by a producer, cultivator or micro-cultivator that is utilized 820
940+for the cultivation, growing or propagation of the cannabis plant, and 821
941+contains cannabis plants in an active stage of growth, measured starting 822
942+from the outermost wall of the room containing cannabis plants and 823
943+continuing around the outside of the room. "Grow space" does not 824
944+include space used to cure, process, store harvested cannabis or 825
945+manufacture cannabis once the cannabis has been harvested; 826
946+(32) "Hemp manufacturer" means manufacturer, as defined in section 827
947+22-61l; 828
948+(33) "Hemp producer" means producer, as defined in section 22-61l; 829
949+[(31)] (34) "Historical conviction count for drug-related offenses" 830
950+means, for a given area, the number of convictions of residents of such 831
951+area (A) for violations of sections 21a-267, 21a-277, 21a-278, 21a-279 and 832
952+21a-279a, and (B) who were arrested for such violations between 833
953+January 1, 1982, and December 31, 2020, inclusive, where such arrest 834
954+was recorded in databases maintained by the Department of Emergency 835
955+Services and Public Protection; 836
956+[(32)] (35) "Historical conviction rate for drug-related offenses" 837 Substitute Bill No. 5150
957+
958+
959+LCO 28 of 94
960+
961+means, for a given area, the historical conviction count for drug-related 838
962+offenses divided by the population of such area, as determined by the 839
963+five-year estimates of the most recent American Community Survey 840
964+conducted by the United States Census Bureau; 841
965+[(33)] (36) "Hybrid retailer" means a person that is licensed to 842
966+purchase cannabis and sell cannabis and medical marijuana products; 843
967+(37) "Infused beverage" means a beverage that (A) is not an alcoholic 844
968+beverage, as defined in section 30-1, (B) is intended for human 845
969+consumption, and (C) is advertised, labeled or offered for sale as having 846
970+total THC, as defined in section 21a-240, as amended by this act, that is 847
971+not greater than two and one-half milligrams on a per-container basis, 848
972+which container shall contain at least twelve fluid ounces; 849
973+[(34)] (38) "Key employee" means an employee with the following 850
974+management position or an equivalent title within a cannabis 851
975+establishment: (A) President or chief officer, who is the top ranking 852
976+individual at the cannabis establishment and is responsible for all staff 853
977+and overall direction of business operations; (B) financial manager, who 854
978+is the individual who reports to the president or chief officer and who is 855
979+responsible for oversight of the financial operations of the cannabis 856
980+establishment, which financial operations include one or more of the 857
981+following: (i) Revenue and expense management; (ii) distributions; (iii) 858
982+tax compliance; (iv) budget development; and (v) budget management 859
983+and implementation; or (C) compliance manager, who is the individual 860
984+who reports to the president or chief officer and who is generally 861
985+responsible for ensuring the cannabis establishment complies with all 862
986+laws, regulations and requirements related to the operation of the 863
987+cannabis establishment; 864
988+[(35)] (39) "Labor peace agreement" means an agreement between a 865
989+cannabis establishment and a bona fide labor organization under section 866
990+21a-421d pursuant to which the owners and management of the 867
991+cannabis establishment agree not to lock out employees and that 868
992+prohibits the bona fide labor organization from engaging in picketing, 869 Substitute Bill No. 5150
993+
994+
995+LCO 29 of 94
996+
997+work stoppages or boycotts against the cannabis establishment; 870
998+[(36)] (40) "Manufacture" means to add or incorporate cannabis into 871
999+other products or ingredients or create a cannabis product; 872
1000+[(37)] (41) "Medical marijuana product" means cannabis that may be 873
1001+exclusively sold to qualifying patients and caregivers by dispensary 874
1002+facilities and hybrid retailers and which are designated by the 875
1003+commissioner as reserved for sale to qualifying patients and caregivers 876
1004+and published on the department's Internet web site; 877
1005+[(38)] (42) "Micro-cultivator" means a person licensed to engage in the 878
1006+cultivation, growing and propagation of the cannabis plant at an 879
1007+establishment containing not less than two thousand square feet and not 880
1008+more than ten thousand square feet of grow space, prior to any 881
1009+expansion authorized by the commissioner; 882
1010+[(39)] (43) "Municipality" means any town, city or borough, 883
1011+consolidated town and city or consolidated town and borough; 884
1012+[(40)] (44) "Paraphernalia" means drug paraphernalia, as defined in 885
1013+section 21a-240, as amended by this act; 886
1014+[(41)] (45) "Person" means an individual, partnership, limited liability 887
1015+company, society, association, joint stock company, corporation, estate, 888
1016+receiver, trustee, assignee, referee or any other legal entity and any other 889
1017+person acting in a fiduciary or representative capacity, whether 890
1018+appointed by a court or otherwise, and any combination thereof; 891
1019+[(42)] (46) "Producer" means a person that is licensed as a producer 892
1020+pursuant to section 21a-408i and any regulations adopted pursuant to 893
1021+said section; 894
1022+[(43)] (47) "Product manufacturer" means a person that is licensed to 895
1023+obtain cannabis, extract and manufacture products; 896
1024+[(44)] (48) "Product packager" means a person that is licensed to 897
1025+package and label cannabis; 898 Substitute Bill No. 5150
1026+
1027+
1028+LCO 30 of 94
1029+
1030+[(45)] (49) "Qualifying patient" has the same meaning as provided in 899
1031+section 21a-408, as amended by this act; 900
1032+[(46)] (50) "Research program" has the same meaning as provided in 901
1033+section 21a-408, as amended by this act; 902
1034+[(47)] (51) "Retailer" means a person, excluding a dispensary facility 903
1035+and hybrid retailer, that is licensed to purchase cannabis from 904
1036+producers, cultivators, micro-cultivators, product manufacturers and 905
1037+food and beverage manufacturers and to sell cannabis to consumers and 906
1038+research programs; 907
1039+[(48)] (52) "Sale" or "sell" has the same meaning as provided in section 908
1040+21a-240, as amended by this act; 909
1041+[(49)] (53) "Social Equity Council" or "council" means the council 910
1042+established under section 21a-420d, as amended by this act; 911
1043+[(50)] (54) "Social equity applicant" means a person that has applied 912
1044+for a license for a cannabis establishment, where such applicant is 913
1045+controlled, and at least sixty-five per cent owned, by an individual or 914
1046+individuals, or such applicant is an individual, who: 915
1047+(A) Had an average household income of less than three hundred per 916
1048+cent of the state median household income over the three tax years 917
1049+immediately preceding such individual's application; and 918
1050+(B) (i) Was a resident of a disproportionately impacted area for not 919
1051+less than five of the ten years immediately preceding the date of such 920
1052+application; or 921
1053+(ii) Was a resident of a disproportionately impacted area for not less 922
1054+than nine years prior to attaining the age of eighteen; 923
1055+[(51)] (55) "THC" has the same meaning as provided in section 21a-924
1056+240, as amended by this act; 925
1057+[(52)] (56) "Third-party lottery operator" means a person, or a 926 Substitute Bill No. 5150
1058+
1059+
1060+LCO 31 of 94
1061+
1062+constituent unit of the state system of higher education, that conducts 927
1063+lotteries pursuant to section 21a-420g, as amended by this act, identifies 928
1064+the cannabis establishment license applications for consideration 929
1065+without performing any review of the applications that are identified 930
1066+for consideration, and that has no direct or indirect oversight of or 931
1067+investment in a cannabis establishment or a cannabis establishment 932
1068+applicant; 933
1069+[(53)] (57) "Transfer" means to transfer, change, give or otherwise 934
1070+dispose of control over or interest in; 935
1071+[(54)] (58) "Transport" means to physically move from one place to 936
1072+another; 937
1073+[(55)] (59) "Transporter" means a person licensed to transport 938
1074+cannabis and manufacturer hemp products, as defined in section 22-61l, 939
1075+between cannabis establishments, cannabis testing laboratories and 940
1076+research programs; and 941
1077+[(56)] (60) "Unemployment rate" means, in a given area, the number 942
1078+of people sixteen years of age or older who are in the civilian labor force 943
1079+and unemployed divided by the number of people sixteen years of age 944
1080+or older who are in the civilian labor force. 945
1081+Sec. 6. (NEW) (Effective July 1, 2024) (a) During the period beginning 946
1082+July 1, 2024, and ending December 31, 2025, the department shall issue 947
1083+a cultivator license or micro-cultivator license to a social equity 948
1084+applicant: 949
1085+(1) If prior to July 1, 2024, the social equity applicant submitted to the 950
1086+department a completed cultivator license application pursuant to 951
1087+subsection (a) of section 21a-420o of the general statutes, as amended by 952
1088+this act, and: 953
1089+(A) The Social Equity Council verified, pursuant to subdivision (1) of 954
1090+subsection (a) of section 21a-420o of the general statutes, as amended by 955
1091+this act, that the applicant met the criteria established for a social equity 956 Substitute Bill No. 5150
1092+
1093+
1094+LCO 32 of 94
1095+
1096+applicant; or 957
1097+(B) The department issued a provisional cultivator license, but not a 958
1098+final cultivator license, to the social equity applicant pursuant to section 959
1099+21a-420o of the general statutes, as amended by this act; 960
1100+(2) If during the period beginning July 1, 2024, and ending March 31, 961
1101+2025, the social equity applicant submits to the department, in a form 962
1102+and manner prescribed by the commissioner: 963
1103+(A) A completed application for a cultivator license or micro-964
1104+cultivator license; 965
1105+(B) A copy of an agreement, between the social equity applicant and 966
1106+a hemp producer that has been continually licensed under section 22-967
1107+61l of the general statutes since January 1, 2023, which provides: 968
1108+(i) For the use of the hemp producer's cultivation lot, which may be 969
1109+located outside of a disproportionately impacted area; and 970
1110+(ii) That if the department issues a provisional cultivator license or a 971
1111+provisional micro-cultivator license to the social equity applicant 972
1112+pursuant to this section: 973
1113+(I) Such provisional cultivator license or provisional micro-cultivator 974
1114+license shall immediately be deemed to have automatically replaced 975
1115+both the provisional cultivator license application the social equity 976
1116+applicant submitted and any provisional cultivator license the 977
1117+department issued to the social equity applicant pursuant to subsection 978
1118+(a) of section 21a-420o of the general statutes, as amended by this act, 979
1119+and such previously submitted provisional cultivator license 980
1120+application and previously issued provisional cultivator license shall 981
1121+immediately be deemed to have been automatically withdrawn or 982
1122+surrendered, as applicable, as set forth in subparagraph (C)(i) of this 983
1123+subdivision; and 984
1124+(II) The hemp producer shall immediately be deemed to have 985
1125+automatically surrendered such hemp producer's license under section 986 Substitute Bill No. 5150
1126+
1127+
1128+LCO 33 of 94
1129+
1130+22-61l of the general statutes, as set forth in subparagraph (D) of this 987
1131+subdivision; 988
1132+(C) An acknowledgment by the social equity applicant that, if the 989
1133+department issues a provisional cultivator license or provisional micro-990
1134+cultivator license to the social equity applicant pursuant to this section: 991
1135+(i) Such provisional cultivator license or provisional micro-cultivator 992
1136+license shall immediately be deemed to have automatically replaced 993
1137+both the provisional cultivator license application the social equity 994
1138+applicant submitted and any provisional cultivator license the 995
1139+department issued to the social equity applicant pursuant to subsection 996
1140+(a) of section 21a-420o of the general statutes, as amended by this act, 997
1141+and such previously submitted provisional cultivator license 998
1142+application and previously issued cultivator license shall immediately 999
1143+be deemed to have been automatically withdrawn or surrendered, as 1000
1144+applicable; and 1001
1145+(ii) The social equity applicant shall be (I) eligible to create not more 1002
1146+than one equity joint venture after such social equity applicant receives 1003
1147+a cultivator license under this section and commences cultivation 1004
1148+activities under such cultivator license, as provided in subsection (e) of 1005
1149+this section, or (II) ineligible to create an equity joint venture after such 1006
1150+social equity applicant receives a micro-cultivator license under this 1007
1151+section, as provided in subsection (e) of this section; 1008
1152+(D) An acknowledgment by the hemp producer which is a party to 1009
1153+the agreement described in subparagraph (B) of this subdivision that, if 1010
1154+the department issues a provisional cultivator license or provisional 1011
1155+micro-cultivator license to the social equity applicant pursuant to this 1012
1156+section, the hemp producer shall immediately be deemed to have 1013
1157+automatically surrendered such hemp producer's license under section 1014
1158+22-61l of the general statutes; 1015
1159+(E) Evidence that is sufficient for the department to verify that the 1016
1160+hemp producer which is a party to the agreement described in 1017
1161+subparagraph (B) of this subdivision has been continually licensed 1018 Substitute Bill No. 5150
1162+
1163+
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1165+
1166+under section 22-61l of the general statutes since January 1, 2023; 1019
1167+(F) A written statement by the social equity applicant disclosing 1020
1168+whether any change occurred in the ownership or control of the social 1021
1169+equity applicant after the Social Equity Council verified that the social 1022
1170+equity applicant met the criteria for a social equity applicant pursuant 1023
1171+to subdivision (1) of subsection (a) of section 21a-420o of the general 1024
1172+statutes, as amended by this act; and 1025
1173+(G) The application fee required under subsection (b) of this section; 1026
1174+(3) Provided any change described in subparagraph (F) of 1027
1175+subdivision (2) of this subsection that has occurred is: 1028
1176+(A) Allowed under (i) section 21a-420g of the general statutes, as 1029
1177+amended by this act, and (ii) any regulation adopted, or policy or 1030
1178+procedure issued, pursuant to section 21a-420g of the general statutes, 1031
1179+as amended by this act, or 21a-420h of the general statutes; and 1032
1180+(B) Allowed under subdivision (1) of subsection (c) of this section, 1033
1181+whereby (i) the Social Equity Council has determined that the social 1034
1182+equity applicant continues to meet the criteria for a social equity 1035
1183+applicant, and (ii) the department has received a written notice from the 1036
1184+Social Equity Council affirming that the Social Equity Council has 1037
1185+determined that the social equity applicant continues to meet the criteria 1038
1186+for a social equity applicant; 1039
1187+(4) If pursuant to subdivision (2) of subsection (c) of this section, (A) 1040
1188+the Social Equity Council has reviewed the agreement described in 1041
1189+subparagraph (B) of subdivision (2) of this subsection, and (B) the 1042
1190+department has received a written notice from the Social Equity Council 1043
1191+affirming that the Social Equity Council has determined that the social 1044
1192+equity applicant continues to meet the criteria for a social equity 1045
1193+applicant; and 1046
1194+(5) If all hemp, as defined in section 22-61l of the general statutes, has 1047
1195+been harvested from the cultivation lot described in subparagraph (B)(i) 1048 Substitute Bill No. 5150
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1199+
1200+of subdivision (2) of this subsection. 1049
1201+(b) (1) A social equity applicant seeking a cultivator license under this 1050
1202+section shall submit to the department a three-million-dollar application 1051
1203+fee unless the social equity applicant has (A) received a provisional 1052
1204+cultivator license under subsection (a) of section 21a-420o of the general 1053
1205+statutes, as amended by this act, and (B) paid the fee required under 1054
1206+subdivision (3) of subsection (a) of section 21a-420o of the general 1055
1207+statutes, as amended by this act. 1056
1208+(2) A social equity applicant seeking a micro-cultivator license under 1057
1209+this section shall submit to the department a five-hundred-thousand-1058
1210+dollar application fee unless the social equity applicant has (A) received 1059
1211+a provisional cultivator license under subsection (a) of section 21a-420o 1060
1212+of the general statutes, as amended by this act, and (B) paid the fee 1061
1213+required under subdivision (3) of subsection (a) of section 21a-420o of 1062
1214+the general statutes, as amended by this act. 1063
1215+(3) The fee to renew a final cultivator license or final micro-cultivator 1064
1216+license issued pursuant to this section shall be the same as the fee to 1065
1217+renew a final cultivator license or final micro-cultivator license as set 1066
1218+forth in section 21a-420e of the general statutes, as amended by this act. 1067
1219+(4) All fees collected by the department under this section shall be 1068
1220+deposited in the Cannabis Social Equity and Innovation Fund 1069
1221+established in subsection (c) of section 21a-420f of the general statutes. 1070
1222+(c) (1) If any change described in subparagraph (F) of subdivision (2) 1071
1223+of subsection (a) of this section has occurred, the Social Equity Council 1072
1224+shall (A) determine whether the social equity applicant continues to 1073
1225+meet the criteria for a social equity applicant, and (B) submit to the 1074
1226+department, in a form and manner prescribed by the commissioner, a 1075
1227+written notice disclosing such determination. 1076
1228+(2) The Social Equity Council shall (A) review the agreement 1077
1229+described in subparagraph (B) of subdivision (2) of subsection (a) of this 1078
1230+section, and (B) submit to the department, in a form and manner 1079 Substitute Bill No. 5150
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1232+
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1234+
1235+prescribed by the commissioner, a written notice disclosing whether the 1080
1236+social equity applicant continues to meet the criteria for a social equity 1081
1237+applicant. 1082
1238+(d) All harvested hemp described in subdivision (5) of subsection (a) 1083
1239+of this section shall continue to be deemed hemp until the department 1084
1240+issues a final cultivator license or final micro-cultivator license to the 1085
1241+social equity applicant pursuant to this section. After the department 1086
1242+issues a final cultivator license or final micro-cultivator license to the 1087
1243+social equity applicant pursuant to this section, such harvested hemp 1088
1244+shall be deemed to be cannabis and shall be subject to all cannabis 1089
1245+cultivation, testing, labeling, tracking, reporting and manufacturing 1090
1246+provisions of RERACA as such provisions apply to cultivators and 1091
1247+micro-cultivators. For the purposes of this subsection, "hemp" has the 1092
1248+same meaning as provided in section 22-61l of the general statutes. 1093
1249+(e) No social equity applicant that receives a cultivator license under 1094
1250+this section shall be eligible to create more than one equity joint venture, 1095
1251+and no such social equity applicant shall create any equity joint venture 1096
1252+unless such social equity applicant has received a cultivator license 1097
1253+under this section and commenced cultivation activities under such 1098
1254+cultivator license. No social equity applicant that receives a micro-1099
1255+cultivator license under this section shall be eligible to create an equity 1100
1256+joint venture. 1101
1257+(f) Each application submitted to the department pursuant to 1102
1258+subsection (a) of this section, and all information included in, or 1103
1259+submitted with, any application submitted pursuant to said subsection, 1104
1260+shall be subject to the provisions of subsection (g) of section 21a-420e of 1105
1261+the general statutes. 1106
1262+(g) Notwithstanding any other provision of RERACA, and except as 1107
1263+otherwise provided in subsections (a) to (f), inclusive, of this section: 1108
1264+(1) Each application submitted pursuant to subsection (a) of this 1109
1265+section shall be processed as any other cultivator application or micro-1110
1266+cultivator application that has been selected through the lottery; and 1111 Substitute Bill No. 5150
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1268+
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1270+
1271+(2) Each social equity applicant, application submitted pursuant to 1112
1272+subsection (a) of this section, cultivator license issued pursuant to this 1113
1273+section and micro-cultivator license issued pursuant to this section shall 1114
1274+be subject to subsections (e) to (l), inclusive, of section 21a-420g of the 1115
1275+general statutes, as amended by this act. 1116
1276+Sec. 7. (NEW) (Effective July 1, 2024) (a) (1) During the period 1117
1277+beginning July 1, 2024, and ending December 31, 2024, a social equity 1118
1278+applicant that has submitted an application to the department for a 1119
1279+cultivator license pursuant to subsection (a) of section 21a-420o of the 1120
1280+general statutes, as amended by this act, may withdraw such application 1121
1281+and apply for a micro-cultivator license pursuant to this section if: 1122
1282+(A) The Social Equity Council has verified that the applicant meets 1123
1283+the criteria for a social equity applicant pursuant to subdivision (1) of 1124
1284+subsection (a) of section 21a-420o of the general statutes, as amended by 1125
1285+this act; 1126
1286+(B) The social equity applicant is eligible to receive a provisional 1127
1287+cultivator license pursuant to subsection (a) of section 21a-420o of the 1128
1288+general statutes, as amended by this act; 1129
1289+(C) The department has not already issued a provisional cultivator 1130
1290+license to the social equity applicant pursuant to subsection (a) of section 1131
1291+21a-420o of the general statutes, as amended by this act; and 1132
1292+(D) The social equity applicant submits to the department, in a form 1133
1293+and manner prescribed by the commissioner, a written statement by the 1134
1294+social equity applicant: 1135
1295+(i) Withdrawing the social equity applicant's application under 1136
1296+subsection (a) of section 21a-420o of the general statutes, as amended by 1137
1297+this act; and 1138
1298+(ii) Acknowledging that if the social equity applicant withdraws the 1139
1299+application submitted under subsection (a) of section 21a-420o of the 1140
1300+general statutes, as amended by this act, the social equity applicant shall 1141 Substitute Bill No. 5150
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1304+
1305+be ineligible to create an equity joint venture, as provided in subsection 1142
1306+(e) of this section. 1143
1307+(2) No social equity applicant that withdraws an application in the 1144
1308+manner set forth in subdivision (1) of this subsection shall be eligible to 1145
1309+receive a refund for any fee paid in connection with such withdrawn 1146
1310+application. 1147
1311+(b) During the period beginning July 1, 2024, and ending December 1148
1312+31, 2025, the department shall issue a micro-cultivator license to a social 1149
1313+equity applicant pursuant to this section: 1150
1314+(1) If the social equity applicant meets the eligibility criteria 1151
1315+established in subdivision (1) of subsection (a) of this section; 1152
1316+(2) If during the period beginning July 1, 2024, and ending December 1153
1317+31, 2024, the social equity applicant submits to the department, in a form 1154
1318+and manner prescribed by the commissioner: 1155
1319+(A) A completed micro-cultivator license application; 1156
1320+(B) A written statement by the social equity applicant disclosing 1157
1321+whether any change occurred in the ownership or control of the social 1158
1322+equity applicant after the Social Equity Council verified that the 1159
1323+applicant met the criteria for a social equity applicant pursuant to 1160
1324+subdivision (1) of subsection (a) of section 21a-420o of the general 1161
1325+statutes, as amended by this act; and 1162
1326+(C) The application and conversion fees required under subdivision 1163
1327+(1) of subsection (c) of this section; and 1164
1328+(3) If any change described in subparagraph (B) of subdivision (2) of 1165
1329+this subsection has occurred: 1166
1330+(A) Such change in ownership or control is allowed under (i) section 1167
1331+21a-420g of the general statutes, as amended by this act, and (ii) any 1168
1332+regulation adopted, or policy or procedure issued, pursuant to section 1169
1333+21a-420g of the general statutes, as amended by this act, or 21a-420h of 1170 Substitute Bill No. 5150
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1337+
1338+the general statutes; and 1171
1339+(B) Pursuant to subsection (d) of this section, (i) the Social Equity 1172
1340+Council has determined that the social equity applicant continues to 1173
1341+meet the criteria for a social equity applicant, and (ii) the department 1174
1342+has received a written notice from the Social Equity Council affirming 1175
1343+that the Social Equity Council has determined that the social equity 1176
1344+applicant continues to meet the criteria for a social equity applicant. 1177
1345+(c) (1) A social equity applicant that submits a micro-cultivator license 1178
1346+application pursuant to subsection (b) of this section shall submit to the 1179
1347+department (A) an application fee in the amount of five hundred 1180
1348+thousand dollars, and (B) a conversion fee in the amount of five hundred 1181
1349+thousand dollars. 1182
1350+(2) The fee to renew a final micro-cultivator license issued pursuant 1183
1351+to this section shall be the same as the fee to renew a final micro-1184
1352+cultivator license as set forth in section 21a-420e of the general statutes, 1185
1353+as amended by this act. 1186
1354+(3) All fees collected by the department under this section shall be 1187
1355+deposited in the Cannabis Social Equity and Innovation Fund 1188
1356+established in subsection (c) of section 21a-420f of the general statutes. 1189
1357+(d) If any change described in subparagraph (B) of subdivision (2) of 1190
1358+subsection (b) of this section has occurred, the Social Equity Council 1191
1359+shall (1) determine whether the social equity applicant continues to meet 1192
1360+the criteria for a social equity applicant, and (2) submit to the 1193
1361+department, in a form and manner prescribed by the commissioner, a 1194
1362+written notice disclosing such determination. 1195
1363+(e) A social equity applicant that withdraws an application in the 1196
1364+manner set forth in subdivision (1) of subsection (a) of this section shall 1197
1365+be ineligible to create an equity joint venture. 1198
1366+(f) Each application submitted to the department pursuant to 1199
1367+subsection (b) of this section, and all information included in, or 1200 Substitute Bill No. 5150
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1369+
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1371+
1372+submitted with, any application submitted pursuant to said subsection, 1201
1373+shall be subject to the provisions of subsection (g) of section 21a-420e of 1202
1374+the general statutes. 1203
1375+(g) Notwithstanding any other provision of RERACA, and except as 1204
1376+otherwise provided in subsections (a) to (f), inclusive, of this section: 1205
1377+(1) Each application submitted pursuant to subsection (b) of this 1206
1378+section shall be processed as any other micro-cultivator application that 1207
1379+has been selected through the lottery; and 1208
1380+(2) Each social equity applicant, application submitted pursuant to 1209
1381+subsection (b) of this section and micro-cultivator license issued 1210
1382+pursuant to this section shall be subject to subsections (e) to (l), inclusive, 1211
1383+of section 21a-420g of the general statutes, as amended by this act. 1212
1384+Sec. 8. (NEW) (Effective July 1, 2024) (a) For the purposes of this 1213
1385+section, "hemp" and "hemp products" have the same meanings as 1214
1386+provided in section 22-61l of the general statutes. 1215
1387+(b) The department shall issue a product manufacturer license to a 1216
1388+hemp manufacturer if: 1217
1389+(1) The hemp manufacturer (A) is licensed under section 22-61m of 1218
1390+the general statutes, as amended by this act, (B) has continuously held a 1219
1391+hemp manufacturer license issued under section 22-61m of the general 1220
1392+statutes, as amended by this act, since January 1, 2022, and (C) is not 1221
1393+licensed as a hemp producer under section 22-61l of the general statutes; 1222
1394+and 1223
1395+(2) During the period beginning July 1, 2024, and ending December 1224
1396+31, 2024, the hemp manufacturer submits to the department, in a form 1225
1397+and manner prescribed by the Commissioner of Consumer Protection: 1226
1398+(A) A completed product manufacturer license application; 1227
1399+(B) A social equity plan and a workforce development plan that are 1228
1400+approved by the Social Equity Council before the department issues a 1229 Substitute Bill No. 5150
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1404+
1405+product manufacturer license to the hemp manufacturer pursuant to 1230
1406+this section; 1231
1407+(C) An acknowledgment that if the department issues a final product 1232
1408+manufacturer license to the hemp manufacturer pursuant to this section, 1233
1409+the hemp manufacturer shall immediately be deemed to have 1234
1410+automatically surrendered such hemp manufacturer's license under 1235
1411+section 22-61m of the general statutes, as amended by this act; and 1236
1412+(D) An application fee in the amount of twenty-five thousand dollars. 1237
1413+(c) A holder of a provisional product manufacturer license issued 1238
1414+pursuant to this section may maintain an active hemp manufacturer 1239
1415+license issued pursuant to section 22-61m of the general statutes, as 1240
1416+amended by this act, provided the hemp manufacturer shall 1241
1417+immediately be deemed to have automatically surrendered such hemp 1242
1418+manufacturer's license under 22-61m of the general statutes, as 1243
1419+amended by this act, if the department issues a final product 1244
1420+manufacturer license pursuant to this section. 1245
1421+(d) The fee to receive or renew a final product manufacturer license 1246
1422+pursuant to this section shall be the same as the fee to receive or renew 1247
1423+a final product manufacturer license as set forth in section 21a-420e of 1248
1424+the general statutes, as amended by this act. 1249
1425+(e) All fees collected by the department under this section shall be 1250
1426+nonrefundable and deposited in the Cannabis Social Equity and 1251
1427+Innovation Fund established in subsection (c) of section 21a-420f of the 1252
1428+general statutes. 1253
1429+(f) (1) Except as provided in subdivision (2) of this subsection, all 1254
1430+hemp and hemp products in the possession of a hemp manufacturer 1255
1431+shall continue to be deemed hemp while such hemp manufacturer 1256
1432+maintains an active hemp manufacturer license under section 22-61m of 1257
1433+the general statutes, as amended by this act. 1258
1434+(2) Immediately upon the department issuing a final product 1259 Substitute Bill No. 5150
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1436+
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1438+
1439+manufacturer license to a hemp manufacturer pursuant to this section, 1260
1440+and the automatic surrender of the hemp manufacturer's license under 1261
1441+section 22-61m of the general statutes, as amended by this act, all hemp 1262
1442+and hemp products in the possession of such hemp manufacturer shall 1263
1443+(A) be deemed cannabis in accordance with section 22-61n of the general 1264
1444+statutes, as amended by this act, and (B) comply with the requirements 1265
1445+for cannabis contained in all applicable provisions of the general 1266
1446+statutes and the regulations of Connecticut state agencies. 1267
1447+(g) Each application submitted to the department pursuant to 1268
1448+subsection (b) of this section, and all information included in, or 1269
1449+submitted with, any application submitted pursuant to said subsection, 1270
1450+shall be subject to the provisions of subsection (g) of section 21a-420e of 1271
1451+the general statutes. 1272
1452+(h) Each complete application submitted pursuant to subsection (b) 1273
1453+of this section shall be (1) processed as any product manufacturer 1274
1454+application selected through the lottery, and (2) subject to subsections 1275
1455+(e) to (l), inclusive, of section 21a-420g of the general statutes, as 1276
1456+amended by this act. 1277
1457+(i) The Commissioner of Consumer Protection may, pursuant to 1278
1458+section 4-182 of the general statutes, summarily suspend any credential 1279
1459+issued by the department to any person who violates any provision of 1280
1460+this section or chapter 420f or 420h of the general statutes. 1281
1461+(j) Any person licensed pursuant to this section shall be subject to the 1282
1462+provisions of section 21a-421p of the general statutes, and any violation 1283
1463+of this section shall constitute sufficient cause for purposes of subsection 1284
1464+(b) of section 21a-421p of the general statutes. 1285
1465+Sec. 9. (NEW) (Effective July 1, 2024) (a) For the purposes of this 1286
1466+section, "manufacturer hemp product" has the same meaning as 1287
1467+provided in section 22-61l of the general statutes. 1288
1468+(b) No infused beverage shall be sold or distributed in this state 1289
1469+unless: 1290 Substitute Bill No. 5150
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1473+
1474+(1) The infused beverage is sold (A) on premises operating under a 1291
1475+package store permit issued pursuant to subsection (b) of section 30-20 1292
1476+of the general statutes, as amended by this act, or (B) at a dispensary 1293
1477+facility, hybrid retailer or retailer; 1294
1478+(2) If the infused beverage is sold at a dispensary facility, hybrid 1295
1479+retailer or retailer, the infused beverage is stored and displayed 1296
1480+separately from any cannabis, in the same manner provided for 1297
1481+manufacturer hemp products, in accordance with section 21a-409, 21a-1298
1482+420s or 21a-420r of the general statutes, respectively; 1299
1483+(3) The infused beverage meets the standards set forth for 1300
1484+manufacturer hemp products in subsections (v), (w) and (x) of section 1301
1485+22-61m of the general statutes, as amended by this act; and 1302
1486+(4) The infused beverage meets (A) the testing standards for 1303
1487+manufacturer hemp products established in, and any regulations 1304
1488+adopted pursuant to, section 22-61m of the general statutes, as amended 1305
1489+by this act, or (B) such other testing standards for manufacturer hemp 1306
1490+products as the Commissioner of Consumer Protection, in the 1307
1491+commissioner's discretion, may designate. 1308
1492+(c) No infused beverage shall be sold to any consumer who is 1309
1493+younger than twenty-one years of age. No owner, agent or employee of 1310
1494+a package store permitted under subsection (b) of section 30-20 of the 1311
1495+general statutes, as amended by this act, or of a dispensary facility, 1312
1496+hybrid retailer or retailer, shall sell any infused beverage to a consumer 1313
1497+without first verifying the consumer's age with a valid government 1314
1498+issued driver's license or identity card to establish that such person is 1315
1499+twenty-one years of age or older. 1316
1500+(d) No infused beverage shall be sold in packaging that comprises 1317
1501+more than two containers. 1318
1502+(e) Each infused beverage container shall prominently display a 1319
1503+symbol, in a size of not less than one-half inch by one-half inch and in a 1320
1504+format approved by the Commissioner of Consumer Protection, which 1321 Substitute Bill No. 5150
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1508+
1509+indicates that such infused beverage is not legal or safe for individuals 1322
1510+younger than twenty-one years of age. 1323
1511+(f) (1) Any violation of the provisions of subdivisions (2) to (4), 1324
1512+inclusive, of subsection (b) of this section and subsections (c) to (e), 1325
1513+inclusive, of this section shall be deemed an unfair or deceptive trade 1326
1514+practice under subsection (a) of section 42-110b of the general statutes. 1327
1515+(2) Any violation of the provisions of subdivision (1) of subsection (b) 1328
1516+of this section shall be deemed an unfair or deceptive trade practice 1329
1517+under subsection (a) of section 42-110b of the general statutes and shall 1330
1518+be enforced by the Attorney General. 1331
1519+(3) The provisions of section 42-110g of the general statutes shall 1332
1520+apply to any violation of the provisions of subsections (b) to (e), 1333
1521+inclusive, of this section. 1334
1522+Sec. 10. (NEW) (Effective July 1, 2024) (a) A fee of fifty cents shall be 1335
1523+assessed by a dispensary facility, hybrid retailer or retailer on each 1336
1524+infused beverage container sold by such cannabis establishment. Such 1337
1525+fee shall not be subject to any sales tax or treated as income pursuant to 1338
1526+any provision of the general statutes. 1339
1527+(b) On October 1, 2024, and every six months thereafter, each 1340
1528+dispensary facility, hybrid retailer or retailer shall remit payment to the 1341
1529+department for each infused beverage container sold during the 1342
1530+preceding six-month period. The funds received by the department 1343
1531+from infused beverage sales shall be deposited in the consumer 1344
1532+protection enforcement account established in section 21a-8a of the 1345
1533+general statutes, as amended by this act, for the purposes of (1) 1346
1534+protecting public health and safety, (2) educating consumers and 1347
1535+licensees, and (3) ensuring compliance with cannabis and liquor control 1348
1536+laws. 1349
1537+Sec. 11. Section 21a-420c of the general statutes is repealed and the 1350
1538+following is substituted in lieu thereof (Effective July 1, 2024): 1351 Substitute Bill No. 5150
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1542+
1543+(a) Except as provided in RERACA and chapter 420b or 420f, (1) no 1352
1544+person, other than a retailer, hybrid retailer, micro-cultivator or delivery 1353
1545+service, or an employee thereof in the course of [his or her] such 1354
1546+employee's employment, may sell or offer cannabis to a consumer, and 1355
1547+(2) no person, other than a hybrid retailer, dispensary facility or a 1356
1548+delivery service, or an employee thereof in the course of [his or her] such 1357
1549+employee's employment, may sell or offer cannabis to qualifying 1358
1550+patients and caregivers. 1359
1551+(b) No person except a delivery service, or an employee [thereof] of a 1360
1552+delivery service, subject to the restrictions set forth in section 21a-420z, 1361
1553+as amended by this act, acting in the course of [his or her] such 1362
1554+employee's employment may deliver cannabis to consumers. [, patients 1363
1555+or caregivers except that retailers, hybrid retailers, micro-cultivators and 1364
1556+dispensary facilities may utilize their own employees to deliver 1365
1557+cannabis to the same individuals they may sell to pursuant to subsection 1366
1558+(a) of this section until thirty days after the date the first five delivery 1367
1559+service licensees have commenced public operation, which date shall be 1368
1560+published by the commissioner on the department's Internet web site, 1369
1561+and thereafter all delivery to consumers, patients or caregivers shall be 1370
1562+done through a delivery service licensee.] No person except a delivery 1371
1563+service, hybrid retailer or dispensary facility, or an employee of a 1372
1564+delivery service, hybrid retailer or dispensary facility acting in the 1373
1565+course of such employee's employment, may deliver cannabis to 1374
1566+patients or caregivers. 1375
1567+(c) Any violation of the provisions of this section shall be deemed an 1376
1568+unfair or deceptive trade practice under subsection (a) of section 42-110b 1377
1569+and shall be enforced by the Attorney General, except the provisions of 1378
1570+section 42-110g shall apply to any violation of the provisions of this 1379
1571+section. 1380
1572+(d) (1) Any municipality may, by vote of its legislative body, prohibit 1381
1573+the operation of any business within such municipality that is found to 1382
1574+be in violation of the provisions of this section or if such operation poses 1383
1575+an immediate threat to public health and safety. 1384 Substitute Bill No. 5150
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1580+(2) If the chief executive officer of a municipality determines that a 1385
1581+business within the municipality is operating in violation of the 1386
1582+provisions of this section or poses an immediate threat to public health 1387
1583+and safety, the chief executive officer may apply to the Superior Court 1388
1584+for an order under subdivision (3) of this subsection. 1389
1585+(3) Upon an application under subdivision (2) of this subsection, the 1390
1586+Superior Court, upon a finding that a business within the municipality 1391
1587+is operating in violation of the provisions of this section or poses an 1392
1588+immediate threat to public health and safety, may issue forthwith, ex 1393
1589+parte and without a hearing, an order which shall direct the chief law 1394
1590+enforcement officer of the municipality to take from such business 1395
1591+possession and control of any merchandise related to such violation or 1396
1592+immediate threat to public health and safety, which merchandise shall 1397
1593+include, but need not be limited to, (A) any cannabis or cannabis 1398
1594+product, (B) any cigarette, tobacco or tobacco product, (C) any 1399
1595+merchandise related to the merchandise described in subparagraphs (A) 1400
1596+and (B) of this subdivision, and (D) any proceeds related to the 1401
1597+merchandise described in subparagraphs (A) to (C), inclusive, of this 1402
1598+subdivision. 1403
1599+(4) As used in this subsection, (A) "cigarette" has the same meaning 1404
1600+as provided in section 4-28h, (B) "immediate threat to public health and 1405
1601+safety" includes, but is not limited to, the presence of (i) any cannabis or 1406
1602+cannabis product in connection with a violation of this section, or (ii) 1407
1603+any cigarette or tobacco product alongside any cannabis or cannabis 1408
1604+product, and (C) "operation" and "operating" mean engaging in the sale 1409
1605+of, or otherwise offering for sale, goods and services to the general 1410
1606+public, including, but not limited to, through indirect retail sales. 1411
1607+(e) (1) Any person who violates any provision of this section shall be 1412
1608+assessed a civil penalty of thirty thousand dollars for each violation. 1413
1609+Each day that such violation continues shall constitute a separate 1414
1610+offense. 1415
1611+(2) Any person who aids or abets any violation of the provisions of 1416 Substitute Bill No. 5150
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1615+
1616+this section shall be assessed a civil penalty of thirty thousand dollars 1417
1617+for each violation. Each day that such person aids or abets such violation 1418
1618+shall constitute a separate offense. For the purposes of this subdivision, 1419
1619+no person shall be deemed to have aided or abetted a violation of the 1420
1620+provisions of this section unless (A) such person was the owner, officer, 1421
1621+controlling shareholder or in a similar position of authority which 1422
1622+allowed such person to make command or control decisions regarding 1423
1623+the operations and management of another person who (i) is prohibited 1424
1624+from selling or offering any cannabis or cannabis product under this 1425
1625+section, and (ii) sold or offered any cannabis or cannabis product in 1426
1626+violation of this section, (B) such person knew that such other person (i) 1427
1627+is prohibited from selling or offering any cannabis or cannabis product 1428
1628+under this section, and (ii) sold or offered any cannabis or cannabis 1429
1629+product in violation of this section, (C) such person provided substantial 1430
1630+assistance or encouragement in connection with the sale or offer of such 1431
1631+cannabis or cannabis product in violation of this section, and (D) such 1432
1632+person's conduct was a substantial factor in furthering the sale or offer 1433
1633+of such cannabis or cannabis product in violation of this section. 1434
1634+(3) Any person who manages or controls a commercial property, or 1435
1635+who manages or controls a commercial building, room, space or 1436
1636+enclosure, in such person's capacity as an owner, lessee, agent, 1437
1637+employee or mortgagor, who knowingly leases, rents or makes such 1438
1638+property, building, room space or enclosure available for use, with or 1439
1639+without compensation, for the purpose of any sale or offer of any 1440
1640+cannabis or cannabis product in violation of this section shall be 1441
1641+assessed a civil penalty of ten thousand dollars for each violation. Each 1442
1642+day that such violation continues shall constitute a separate offense. 1443
1643+(4) No person other than the Attorney General, upon complaint of the 1444
1644+Commissioner of Consumer Protection, or a municipality in which the 1445
1645+violation of this section occurred shall investigate any violation of this 1446
1646+subsection, assess any civil penalty under this subsection or institute a 1447
1647+civil action to recover any civil penalty imposed under this subsection. 1448
1648+If a municipality institutes a civil action to recover any civil penalty 1449
1649+imposed under this subsection, such penalty shall be paid first to the 1450 Substitute Bill No. 5150
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1654+municipality to reimburse such municipality for the costs incurred in 1451
1655+instituting such action. One-half of the remainder, if any, shall be 1452
1656+payable to the treasurer of such municipality and one-half of such 1453
1657+remainder shall be payable to the Treasurer and deposited in the 1454
1658+General Fund. 1455
1659+(f) Nothing in this section shall be construed to prohibit the 1456
1660+imposition of any criminal penalty on any person who (1) is prohibited 1457
1661+from selling or offering any cannabis or cannabis product under this 1458
1662+section, and (2) sells or offers any cannabis or cannabis product in 1459
1663+violation of this section. 1460
1664+Sec. 12. Subsections (i) to (k), inclusive, of section 21a-420d of the 2024 1461
1665+supplement to the general statutes are repealed and the following is 1462
1666+substituted in lieu thereof (Effective July 1, 2024): 1463
1667+(i) (1) Not later than August 1, 2021, and annually thereafter until July 1464
1668+31, 2023, the council shall use the most recent five-year United States 1465
1669+Census Bureau American Community Survey estimates or any 1466
1670+successor data to determine one or more United States census tracts in 1467
1671+the state that are a disproportionately impacted area and shall publish a 1468
1672+list of such tracts on the council's Internet web site. 1469
1673+(2) Not later than August 1, 2023, the council shall use poverty rate 1470
1674+data from the most recent five-year United States Census Bureau 1471
1675+American Community Survey estimates, population data from the most 1472
1676+recent decennial census and conviction information from databases 1473
1677+managed by the Department of Emergency Services and Public 1474
1678+Protection to identify all United States census tracts in the state that are 1475
1679+disproportionately impacted areas and shall publish a list of such tracts 1476
1680+on the council's Internet web site. In identifying which census tracts in 1477
1681+this state are disproportionately impacted areas and preparing such list, 1478
1682+the council shall: 1479
1683+(A) Not deem any census tract with a poverty rate that is less than the 1480
1684+state-wide poverty rate to be a disproportionately impacted area; 1481 Substitute Bill No. 5150
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1689+(B) After eliminating the census tracts described in subparagraph (A) 1482
1690+of this subdivision, rank the remaining census tracts in order from the 1483
1691+census tract with the greatest historical conviction rate for drug-related 1484
1692+offenses to the census tract with the lowest historical conviction rate for 1485
1693+drug-related offenses; and 1486
1694+(C) Include census tracts in the order of rank described in 1487
1695+subparagraph (B) of this subdivision until including the next census 1488
1696+tract would cause the total population of all included census tracts to 1489
1697+exceed twenty-five per cent of the state's population. 1490
1698+(3) On and after July 1, 2024, any reservation, as defined in section 47-1491
1699+63, of the Schaghticoke, Paucatuck Eastern Pequot or Golden Hill 1492
1700+Paugussett indigenous tribe recognized by this state under subsection 1493
1701+(b) of section 47-59a shall be deemed to be a disproportionately 1494
1702+impacted area, provided such reservation includes at least ten acres of 1495
1703+contiguous land and such land comprised part of such reservation on 1496
1704+July 1, 2024. 1497
1705+(4) On and after January 1, 2025, any parcel of land owned in fee 1498
1706+simple by any indigenous tribe recognized by this state under 1499
1707+subsection (b) of section 47-59a shall be deemed to be a 1500
1708+disproportionately impacted area, provided such parcel includes at least 1501
1709+ten acres of contiguous land and is located in a municipality that, prior 1502
1710+to July 1, 2024, contained any portion of a disproportionately impacted 1503
1711+area. 1504
1712+(j) After developing criteria for workforce development plans as 1505
1713+described in subdivision (4) of subsection (h) of this section, the council 1506
1714+shall review and approve or deny in writing any such plan submitted 1507
1715+by a producer under section 21a-420l or a hybrid-retailer under section 1508
1716+21a-420u, as amended by this act. 1509
1717+(k) The council shall develop criteria for evaluating the ownership 1510
1718+and control of any equity joint venture created under section 21a-420m, 1511
1719+as amended by this act, 21a-420u, as amended by this act, or 21a-420j 1512
1720+and shall review and approve or deny in writing such equity joint 1513 Substitute Bill No. 5150
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1725+venture prior to such equity joint venture being licensed under section 1514
1726+21a-420m, as amended by this act, 21a-420u, as amended by this act, or 1515
1727+21a-420j. After developing criteria for social equity plans as described in 1516
1728+subdivision (5) of subsection (h) of this section, the council shall review 1517
1729+and approve or deny in writing any such plan submitted by a cannabis 1518
1730+establishment as part of its final license application. The council shall 1519
1731+not approve any equity joint venture applicant which shares with an 1520
1732+equity joint venture any individual owner who meets the criteria 1521
1733+established in subparagraphs (A) and (B) of subdivision [(50)] (54) of 1522
1734+section 21a-420, as amended by this act, other than an individual owner 1523
1735+in their capacity as a backer licensed under section 21a-420o, as 1524
1736+amended by this act. 1525
1737+Sec. 13. Subsection (c) of section 21a-420e of the 2024 supplement to 1526
1738+the general statutes is repealed and the following is substituted in lieu 1527
1739+thereof (Effective July 1, 2024): 1528
1740+(c) Except as provided in subsection (d) of this section, the following 1529
1741+fees shall be paid by each applicant: 1530
1742+(1) For a retailer license, the fee to enter the lottery shall be five 1531
1743+hundred dollars, the fee to receive a provisional license shall be five 1532
1744+thousand dollars and the fee to receive a final license or a renewal of a 1533
1745+final license shall be twenty-five thousand dollars. 1534
1746+(2) For a hybrid retailer license, the fee to enter the lottery shall be five 1535
1747+hundred dollars, the fee to receive a provisional license shall be five 1536
1748+thousand dollars and the fee to receive a final license or a renewal of a 1537
1749+final license shall be twenty-five thousand dollars. 1538
1750+(3) For a cultivator license, the fee to enter the lottery shall be one 1539
1751+thousand dollars, the fee to receive a provisional license shall be twenty-1540
1752+five thousand dollars and the fee to receive a final license or a renewal 1541
1753+of a final license shall be seventy-five thousand dollars. 1542
1754+(4) For a micro-cultivator license, the fee to enter the lottery shall be 1543
1755+two hundred fifty dollars, the fee to receive a provisional license shall 1544 Substitute Bill No. 5150
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1760+be five hundred dollars and the fee to receive a final license or a renewal 1545
1761+of a final license shall be one thousand dollars. 1546
1762+(5) (A) For a product manufacturer license, the fee to enter the lottery 1547
1763+shall be seven hundred fifty dollars, the fee to receive a provisional 1548
1764+license shall be five thousand dollars and the fee to receive a final license 1549
1765+or a renewal of a final license shall be twenty-five thousand dollars. 1550
1766+(B) For a product manufacturer seeking authorization to expand the 1551
1767+product manufacturer's authorized activities to include the authorized 1552
1768+activities of a food and beverage manufacturer, the application fee for 1553
1769+such expanded authorization shall be five thousand dollars and the fee 1554
1770+to renew such expanded authorization shall be five thousand dollars. 1555
1771+The fees due under this subparagraph shall be in addition to the fees 1556
1772+due under subparagraph (A) of this subdivision. 1557
1773+(6) (A) For a food and beverage manufacturer license, the fee to enter 1558
1774+the lottery shall be two hundred fifty dollars, the fee to receive a 1559
1775+provisional license shall be one thousand dollars and the fee to receive 1560
1776+a final license or a renewal of a final license shall be five thousand 1561
1777+dollars. 1562
1778+(B) For a food and beverage manufacturer seeking authorization to 1563
1779+expand the food and beverage manufacturer's authorized activities to 1564
1780+include the authorized activities of a product manufacturer, the 1565
1781+application fee for such expanded authorization shall be twenty-five 1566
1782+thousand dollars and the fee to renew such expanded authorization 1567
1783+shall be twenty-five thousand dollars. The fees due under this 1568
1784+subparagraph shall be in addition to the fees due under subparagraph 1569
1785+(A) of this subdivision. 1570
1786+(7) (A) For a product packager license, the fee to enter the lottery shall 1571
1787+be five hundred dollars, the fee to receive a provisional license shall be 1572
1788+five thousand dollars and the fee to receive a final license or a renewal 1573
1789+of a final license shall be twenty-five thousand dollars. 1574
1790+(B) For a product packager seeking authorization to expand the 1575 Substitute Bill No. 5150
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1794+
1795+product packager's authorized activities to include the authorized 1576
1796+activities of a product manufacturer, the application fee for such 1577
1797+expanded authorization shall be thirty thousand dollars and the fee to 1578
1798+renew such expanded authorization shall be thirty thousand dollars. 1579
1799+The fees due under this subparagraph shall be in lieu of the fees due 1580
1800+under subparagraph (A) of this subdivision. 1581
1801+(8) For a delivery service or transporter license, the fee to enter the 1582
1802+lottery shall be two hundred fifty dollars, the fee to receive a provisional 1583
1803+license shall be one thousand dollars and the fee to receive a final license 1584
1804+or a renewal of a final license shall be five thousand dollars. 1585
1805+(9) For an initial or renewal of a backer license, the fee shall be one 1586
1806+hundred dollars. 1587
1807+(10) For an initial or renewal of a key employee license, the fee shall 1588
1808+be one hundred dollars. 1589
1809+(11) For an initial or renewal of a registration of an employee who is 1590
1810+not a key employee, the fee shall be fifty dollars. 1591
1811+(12) The license conversion fee for a dispensary facility to become a 1592
1812+hybrid retailer shall be one million dollars, except as provided in section 1593
1813+21a-420u, as amended by this act. 1594
1814+(13) The license conversion fee for a producer to engage in the adult 1595
1815+use cannabis market shall be three million dollars, except as provided in 1596
1816+section 21a-420l. 1597
1817+(14) For a dispensary facility license, the fee to enter the lottery shall 1598
1818+be five hundred dollars, the fee to receive a provisional license shall be 1599
1819+five thousand dollars and the fee to receive a final license or a renewal 1600
1820+of a final license shall be five thousand dollars. 1601
1821+(15) For a producer license, the fee to enter the lottery shall be one 1602
1822+thousand dollars, the fee to receive a provisional license shall be twenty-1603
1823+five thousand dollars and the fee to receive a final license or a renewal 1604
1824+of a final license shall be seventy-five thousand dollars. 1605 Substitute Bill No. 5150
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1828+
1829+Sec. 14. Subsection (b) of section 21a-420g of the 2024 supplement to 1606
1830+the general statutes is repealed and the following is substituted in lieu 1607
1831+thereof (Effective July 1, 2024): 1608
1832+(b) Except as provided in section 21a-420o, as amended by this act, 1609
1833+and sections 6 to 8, inclusive, of this act, prior to the first date that the 1610
1834+department begins accepting applications for a license type, the 1611
1835+department shall determine the maximum number of applications that 1612
1836+shall be considered for such license type and post such information on 1613
1837+its Internet web site. Fifty per cent of the maximum number of 1614
1838+applications that shall be considered for each license type (1) shall be 1615
1839+selected through a social equity lottery for such license type, and (2) 1616
1840+shall be reserved by the department for social equity applicants. If, upon 1617
1841+the close of the application period for a license type, the department 1618
1842+receives more applications than the maximum number to be considered 1619
1843+in total or to be reserved for social equity applicants as set forth in this 1620
1844+subsection, a third-party lottery operator shall conduct a lottery to 1621
1845+identify applications for review by the department and the Social Equity 1622
1846+Council. 1623
1847+Sec. 15. Subsection (b) of section 21a-420m of the 2024 supplement to 1624
1848+the general statutes is repealed and the following is substituted in lieu 1625
1849+thereof (Effective July 1, 2024): 1626
1850+(b) The equity joint venture shall be in any cannabis establishment 1627
1851+licensed business, other than a cultivator license, provided such equity 1628
1852+joint venture is at least fifty per cent owned and controlled by an 1629
1853+individual or individuals who meet, or the equity joint venture 1630
1854+applicant is an individual who meets, the criteria established in 1631
1855+subparagraphs (A) and (B) of subdivision [(50)] (54) of section 21a-420, 1632
1856+as amended by this act. 1633
1857+Sec. 16. Section 21a-420o of the 2024 supplement to the general 1634
1858+statutes is repealed and the following is substituted in lieu thereof 1635
1859+(Effective July 1, 2024): 1636
1860+(a) Thirty days after the Social Equity Council posts the criteria for 1637 Substitute Bill No. 5150
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1865+social equity applicants on its Internet web site, the department shall 1638
1866+open up a three-month application period for cultivators during which 1639
1867+a social equity applicant may apply to the department for a provisional 1640
1868+cultivator license and final license for a cultivation facility located in a 1641
1869+disproportionately impacted area without participating in a lottery or 1642
1870+request for proposals. Such application for a provisional license shall be 1643
1871+granted upon: (1) [verification] Verification by the Social Equity Council 1644
1872+that the applicant meets the criteria for a social equity applicant; (2) the 1645
1873+applicant submitting to and passing a criminal background check; and 1646
1874+(3) payment of a three-million-dollar fee to be deposited in the Cannabis 1647
1875+Social Equity and Innovation Fund established in section 21a-420f. Upon 1648
1876+granting such provisional license, the department shall notify the 1649
1877+applicant of the project labor agreement requirements of section 21a-1650
1878+421e. The department shall not grant an application for a provisional 1651
1879+cultivator license under this subsection after December 31, 2025. 1652
1880+(b) To obtain a final cultivator license under this section, the social 1653
1881+equity applicant shall provide evidence of: (1) [a] A contract with an 1654
1882+entity providing an approved electronic tracking system as described in 1655
1883+section 21a-421n; (2) a right to exclusively occupy [a] the location [in a 1656
1884+disproportionately impacted area] at which the cultivation facility will 1657
1885+be located, which location shall be situated (A) in a disproportionately 1658
1886+impacted area, or (B) in the case of an exclusively outdoor grow, in a 1659
1887+municipality containing any portion of a disproportionately impacted 1660
1888+area, provided (i) such outdoor grow is conducted on land that such 1661
1889+municipality has approved for agricultural or farming uses, and (ii) all 1662
1890+cultivation complies with the provisions of the regulations adopted, and 1663
1891+policies and procedures issued, pursuant to section 21a-421j, as 1664
1892+amended by this act, permitting the outdoor cultivation of cannabis; (3) 1665
1893+any necessary local zoning approval and permits for the cultivation 1666
1894+facility; (4) a business plan; (5) a social equity plan approved by the 1667
1895+Social Equity Council; (6) written policies for preventing diversion and 1668
1896+misuse of cannabis and sales of cannabis to underage persons; and (7) 1669
1897+blueprints of the facility and all other security requirements of the 1670
1898+department. 1671 Substitute Bill No. 5150
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1903+Sec. 17. Section 21a-420p of the 2024 supplement to the general 1672
1904+statutes is repealed and the following is substituted in lieu thereof 1673
1905+(Effective July 1, 2024): 1674
1906+(a) On and after July 1, 2021, the department may issue or renew a 1675
1907+license for a person to be a micro-cultivator. No person may act as a 1676
1908+micro-cultivator or represent that such person is a licensed micro-1677
1909+cultivator unless such person has obtained a license from the 1678
1910+department pursuant to this section. 1679
1911+(b) A micro-cultivator is authorized to cultivate, grow, propagate, 1680
1912+manufacture and package the cannabis plant at an establishment 1681
1913+containing not less than two thousand square feet and not more than ten 1682
1914+thousand square feet of grow space, prior to any expansion authorized 1683
1915+by the commissioner, provided such micro-cultivator complies with the 1684
1916+provisions of any regulations adopted under section 21a-420q 1685
1917+concerning grow space. A micro-cultivator business shall meet physical 1686
1918+security controls set forth and required by the commissioner. 1687
1919+(c) A micro-cultivator may apply for expansion of its grow space, in 1688
1920+increments of five thousand square feet, on an annual basis, from the 1689
1921+date of initial licensure, if such licensee is not subject to any pending or 1690
1922+final administrative actions or judicial findings. If there are any pending 1691
1923+or final administrative actions or judicial findings against the licensee, 1692
1924+the department shall conduct a suitability review to determine whether 1693
1925+such expansion shall be granted, which determination shall be final and 1694
1926+appealable only to the Superior Court. The micro-cultivator may apply 1695
1927+for an expansion of its business annually upon renewal of its credential 1696
1928+until such licensee reaches a maximum of twenty-five thousand square 1697
1929+feet of grow space. If a micro-cultivator desires to expand beyond 1698
1930+twenty-five thousand square feet of grow space, the micro-cultivator 1699
1931+licensee may apply for a cultivator license one year after its last 1700
1932+expansion request. The micro-cultivator licensee shall not be required to 1701
1933+apply through the lottery application process to convert its license to a 1702
1934+cultivator license. If a micro-cultivator maintains its license and meets 1703
1935+all of the application and licensure requirements for a cultivator license, 1704 Substitute Bill No. 5150
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1940+including payment of the cultivator license fee established under section 1705
1941+21a-420e, as amended by this act, the micro-cultivator licensee shall be 1706
1942+granted a cultivator license. 1707
1943+(d) A micro-cultivator may label, manufacture, package and perform 1708
1944+extractions on any cannabis cultivated, grown and propagated at its 1709
1945+licensed establishment provided it meets all licensure and application 1710
1946+requirements for a food and beverage manufact urer, product 1711
1947+manufacturer or product packager, as applicable. 1712
1948+(e) A micro-cultivator may sell, transfer or transport its cannabis to a 1713
1949+dispensary facility, hybrid retailer, retailer, delivery service, food and 1714
1950+beverage manufacturer, product manufacturer, research program, 1715
1951+cannabis testing laboratory or product packager, provided the cannabis 1716
1952+is cultivated, grown and propagated at the micro-cultivator's licensed 1717
1953+establishment and transported utilizing the micro-cultivator's own 1718
1954+employees or a transporter. A micro-cultivator shall not gift or transfer 1719
1955+cannabis or cannabis products at no cost to a consumer as part of a 1720
1956+commercial transaction. 1721
1957+(f) [A] (1) Subject to the requirements of this subsection and 1722
1958+subsection (b) of section 21a-420c, as amended by this act, a micro-1723
1959+cultivator may sell its own cannabis, including, but not limited to, its 1724
1960+own cannabis seedlings, to consumers, excluding qualifying patients 1725
1961+and caregivers, either through a delivery service or utilizing its own 1726
1962+employees. [, subject to the requirements of subsection (b) of section 21a-1727
1963+420c.] No cannabis establishment other than a micro-cultivator shall sell 1728
1964+cannabis seedlings to consumers. 1729
1965+(2) No micro-cultivator shall sell a cannabis seedling to a consumer 1730
1966+unless: 1731
1967+(A) The micro-cultivator cultivated the cannabis seedling in this state 1732
1968+from seed or clone; 1733
1969+(B) The cannabis seedling (i) has a standing height of not more than 1734
1970+six inches measured from the base of the stem to the tallest point of the 1735 Substitute Bill No. 5150
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1975+plant, (ii) does not contain any bud or flower, and (iii) has been tested 1736
1976+for pesticides and heavy metals in accordance with the laboratory 1737
1977+testing standards established in the policies and procedures issued, and 1738
1978+final regulations adopted, by the commissioner pursuant to section 21a-1739
1979+421j, as amended by this act; and 1740
1980+(C) A label or informational tag is affixed to the cannabis seedling 1741
1981+disclosing the following in legible English, black lettering, Times New 1742
1982+Roman font, flat regular typeface, on a contrasting background and in 1743
1983+uniform size of not less than one-tenth of one inch, based on a capital 1744
1984+letter "K": 1745
1985+(i) The name of the micro-cultivator; 1746
1986+(ii) A product description for the cannabis seedling; 1747
1987+(iii) One of the following chemotypes anticipated after flowering: (I) 1748
1988+"High THC, Low CBD"; (II) "Low THC, High CBD"; or (III) "50/50 THC 1749
1989+and CBD"; 1750
1990+(iv) The results of the testing required under subparagraph (B)(iii) of 1751
1991+this subdivision; 1752
1992+(v) Directions for optimal care of the cannabis seedling; 1753
1993+(vi) Unobscured symbols, in a size of not less than one-half inch by 1754
1994+one-half inch and in a format approved by the commissioner, which 1755
1995+symbols shall indicate that the cannabis seedling contains THC and is 1756
1996+not legal or safe for individuals younger than twenty-one years of age; 1757
1997+and 1758
1998+(vii) A unique identifier generated by a cannabis analytic tracking 1759
1999+system maintained by the department and used to track cannabis under 1760
2000+the policies and procedures issued, and final regulations adopted, by 1761
2001+the commissioner pursuant to section 21a-421j, as amended by this act. 1762
2002+(3) Notwithstanding section 21a-421j, as amended by this act, no 1763
2003+cannabis seedling shall be required to be sold in child-resistant 1764 Substitute Bill No. 5150
2004+
2005+
2006+LCO 58 of 94
2007+
2008+packaging. 1765
2009+(4) No micro-cultivator shall knowingly sell more than three cannabis 1766
2010+seedlings to a consumer in any six-month period. 1767
2011+(5) No micro-cultivator shall accept any returned cannabis seedling. 1768
2012+(6) Any micro-cultivator that engages in the delivery of cannabis as 1769
2013+set forth in subdivision (1) of this subsection shall maintain a secure 1770
2014+location, in a manner approved by the commissioner, at the micro-1771
2015+cultivator's premises where cannabis that is unable to be delivered may 1772
2016+be returned to the micro-cultivator. Such secure cannabis return location 1773
2017+shall meet specifications set forth by the commissioner and published 1774
2018+on the department's Internet web site or included in regulations adopted 1775
2019+by the department. A micro-cultivator shall cease delivery of cannabis 1776
2020+to consumers if [it] the micro-cultivator converts to being a cultivator. 1777
2021+Sec. 18. Subsection (b) of section 21a-420u of the 2024 supplement to 1778
2022+the general statutes is repealed and the following is substituted in lieu 1779
2023+thereof (Effective July 1, 2024): 1780
2024+(b) Any equity joint venture created under this section shall be 1781
2025+created for the development of a cannabis establishment, other than a 1782
2026+cultivator, provided such equity joint venture is at least fifty per cent 1783
2027+owned and controlled by an individual or individuals who meet, or the 1784
2028+equity joint venture applicant is an individual who meets, the criteria 1785
2029+established in subparagraphs (A) and (B) of subdivision [(50)] (54) of 1786
2030+section 21a-420, as amended by this act. 1787
2031+Sec. 19. Section 21a-420v of the general statutes is repealed and the 1788
2032+following is substituted in lieu thereof (Effective July 1, 2024): 1789
2033+(a) A dispensary facility or hybrid retailer may submit an application 1790
2034+to the department, in a form and manner prescribed by the 1791
2035+commissioner, to relocate its current dispensary facility or hybrid 1792
2036+retailer location. Such relocation application shall include: 1793
2037+(1) The number of qualifying patients the applicant served during the 1794 Substitute Bill No. 5150
2038+
2039+
2040+LCO 59 of 94
2041+
2042+six-month period preceding the date of such relocation application, 1795
2043+broken down by month, and indicating whether such number increased 1796
2044+or decreased over such six-month period; 1797
2045+(2) Evidence of (A) alternative dispensary facilities and hybrid 1798
2046+retailers located within a ten-mile radius of the applicant, prior to the 1799
2047+proposed relocation, where qualifying patients may obtain medical 1800
2048+marijuana products, and (B) available public transportation to the 1801
2049+alternative dispensary facilities and hybrid retailers described in 1802
2050+subparagraph (A) of this subdivision; 1803
2051+(3) A statement disclosing whether the applicant will continue to 1804
2052+provide delivery services to the qualifying patients the applicant serves 1805
2053+prior to the proposed relocation and, if so, the duration and geographic 1806
2054+scope of such delivery services; 1807
2055+(4) A plan to communicate the proposed relocation to qualifying 1808
2056+patients, including, but not limited to, the content and methods of, and 1809
2057+timeframes and target audiences for, such communications; and 1810
2058+(5) A plan to communicate with nearby dispensary facilities and 1811
2059+hybrid retailers concerning the proposed relocation and the needs of the 1812
2060+qualifying patients served by the applicant. 1813
2061+[(a) Until June 30, 2023, the] (b) The commissioner may deny a 1814
2062+[change of location] relocation application from a dispensary facility or 1815
2063+hybrid retailer based on the needs of qualifying patients. 1816
2064+[(b)] (c) Prior to June 30, 2022, the commissioner shall not approve the 1817
2065+relocation of a dispensary facility or hybrid retailer to a location that is 1818
2066+further than ten miles from its current dispensary facility or hybrid 1819
2067+retailer location. 1820
2068+Sec. 20. Subsection (d) of section 21a-420w of the 2024 supplement to 1821
2069+the general statutes is repealed and the following is substituted in lieu 1822
2070+thereof (Effective July 1, 2024): 1823
2071+(d) A food and beverage manufacturer may sell, transfer or transport 1824 Substitute Bill No. 5150
2072+
2073+
2074+LCO 60 of 94
2075+
2076+its own products to, or obtain cannabis from, a cannabis establishment, 1825
2077+cannabis testing laboratory or research program, utilizing its employees 1826
2078+or a transporter. A food and beverage manufacturer may not deliver any 1827
2079+cannabis, cannabis products or food or beverage incorporating cannabis 1828
2080+to a consumer, directly or through a delivery service. 1829
2081+Sec. 21. Subsection (d) of section 21a-420x of the 2024 supplement to 1830
2082+the general statutes is repealed and the following is substituted in lieu 1831
2083+thereof (Effective July 1, 2024): 1832
2084+(d) A product manufacturer may sell, transfer or transport its own 1833
2085+products to, or obtain cannabis from, a cannabis establishment, cannabis 1834
2086+testing laboratory or research program, provided such transportation is 1835
2087+performed by utilizing its own employees or a transporter. A product 1836
2088+manufacturer may not deliver any cannabis to a consumer directly or 1837
2089+through a delivery service. 1838
2090+Sec. 22. Section 21a-420y of the 2024 supplement to the general 1839
2091+statutes is repealed and the following is substituted in lieu thereof 1840
2092+(Effective July 1, 2024): 1841
2093+(a) On and after July 1, 2021, the department may issue or renew a 1842
2094+license for a person to be a product packager. No person may act as a 1843
2095+product packager or represent that such person is a product packager 1844
2096+unless such person has obtained a license from the department pursuant 1845
2097+to this section. 1846
2098+(b) A product packager may obtain cannabis from a producer, 1847
2099+cultivator, micro-cultivator, food and beverage manufacturer or a 1848
2100+product manufacturer, provided the product packager utilizes its own 1849
2101+employees or a transporter. The product packager may sell, transfer or 1850
2102+transport cannabis to and from any cannabis establishment, cannabis 1851
2103+testing laboratory or research program, provided the product packager 1852
2104+only transports cannabis packaged at its licensed establishment and 1853
2105+utilizing its own employees or a transporter. 1854
2106+(c) A product packager shall be responsible for ensuring that 1855 Substitute Bill No. 5150
2107+
2108+
2109+LCO 61 of 94
2110+
2111+cannabis products are labeled and packaged in compliance with the 1856
2112+provisions of RERACA and the policies and procedures issued by the 1857
2113+commissioner to implement, and any regulations adopted pursuant to, 1858
2114+RERACA. 1859
2115+(d) A product packager shall ensure all equipment utilized for 1860
2116+processing and packaging cannabis is sanitary and inspected regularly 1861
2117+to deter the adulteration of cannabis. 1862
2118+(e) (1) A product packager may expand the product packager's 1863
2119+authorized activities to include the authorized activities of a product 1864
2120+manufacturer if: (A) The product packager submits to the department 1865
2121+(i) a completed license expansion application on a form and in a manner 1866
2122+prescribed by the commissioner, and (ii) the fee prescribed in 1867
2123+subparagraph (B) of subdivision (7) of subsection (c) of section 21a-420e, 1868
2124+as amended by this act; and (B) the commissioner authorizes the product 1869
2125+packager, in writing, to expand such product packager's authorized 1870
2126+activities to include the authorized activities of a product manufacturer. 1871
2127+(2) A product packager that expands the product packager's 1872
2128+authorized activities to include the authorized activities of a product 1873
2129+manufacturer under this subsection shall comply with all provisions of 1874
2130+this chapter, and all regulations, policies and procedures prescribed 1875
2131+pursuant to this chapter, concerning product manufacturers. In the 1876
2132+event of a conflict between any provision of this chapter, or any 1877
2133+regulation, policy or procedure prescribed pursuant to this chapter, 1878
2134+concerning product packagers and any such provision, regulation, 1879
2135+policy or procedure concerning product manufacturers, the provision, 1880
2136+regulation, policy or procedure imposing the more stringent public 1881
2137+health and safety standard shall prevail. 1882
2138+Sec. 23. Subsections (b) to (d), inclusive, of section 21a-420z of the 1883
2139+2024 supplement to the general statutes are repealed and the following 1884
2140+is substituted in lieu thereof (Effective July 1, 2024): 1885
2141+(b) Upon application for a delivery service or transporter license, the 1886
2142+applicant shall indicate whether the applicant is applying to (1) 1887 Substitute Bill No. 5150
2143+
2144+
2145+LCO 62 of 94
2146+
2147+transport cannabis [(1)] and manufacturer hemp products, as defined in 1888
2148+section 22-61l, between cannabis establishments, in which case the 1889
2149+applicant shall apply for a transporter license, or (2) transport cannabis 1890
2150+from certain cannabis establishments to consumers or qualifying 1891
2151+patients and caregivers, or a combination thereof, in which case the 1892
2152+applicant shall apply for a delivery service license. 1893
2153+(c) A delivery service may (1) deliver cannabis from a micro-1894
2154+cultivator, retailer, or hybrid retailer directly to a consumer, and (2) 1895
2155+deliver cannabis and medical marijuana products from a hybrid retailer 1896
2156+or dispensary facility directly to a qualifying patient, caregiver, or 1897
2157+hospice or other inpatient care facility licensed by the Department of 1898
2158+Public Health pursuant to chapter 368v that has protocols for the 1899
2159+handling and distribution of cannabis that have been approved by the 1900
2160+Department of Consumer Protection. A delivery service may not store 1901
2161+or maintain control of cannabis or medical marijuana products for more 1902
2162+than twenty-four hours between the point when a consumer, qualifying 1903
2163+patient, caregiver or facility places an order, until the time that the 1904
2164+cannabis or medical marijuana product is delivered to such consumer, 1905
2165+qualifying patient, caregiver or facility. 1906
2166+(d) A transporter may deliver cannabis and manufacturer hemp 1907
2167+products, as defined in section 22-61l, between cannabis establishments, 1908
2168+research programs and cannabis testing laboratories and shall not store 1909
2169+or maintain control of cannabis for more than twenty-four hours from 1910
2170+the time the transporter obtains the cannabis from a cannabis 1911
2171+establishment, research program or cannabis testing laboratory until the 1912
2172+time such cannabis is delivered to the destination. 1913
2173+Sec. 24. Subsection (b) of section 21a-421j of the 2024 supplement to 1914
2174+the general statutes is repealed and the following is substituted in lieu 1915
2175+thereof (Effective July 1, 2024): 1916
2176+(b) The commissioner shall adopt regulations in accordance with 1917
2177+chapter 54 to implement the provisions of RERACA. Notwithstanding 1918
2178+the requirements of sections 4-168 to 4-172, inclusive, in order to 1919 Substitute Bill No. 5150
2179+
2180+
2181+LCO 63 of 94
2182+
2183+effectuate the purposes of RERACA and protect public health and 1920
2184+safety, prior to adopting such regulations the commissioner shall issue 1921
2185+policies and procedures to implement the provisions of RERACA that 1922
2186+shall have the force and effect of law. The commissioner shall post all 1923
2187+policies and procedures on the department's Internet web site and 1924
2188+submit such policies and procedures to the Secretary of the State for 1925
2189+posting on the eRegulations System, at least fifteen days prior to the 1926
2190+effective date of any policy or procedure. The commissioner shall also 1927
2191+provide such policies and procedures, in a manner prescribed by the 1928
2192+commissioner, to each licensee. Any such policy or procedure shall no 1929
2193+longer be effective upon the earlier of either the adoption of the policy 1930
2194+or procedure as a final regulation under section 4-172 or forty-eight 1931
2195+months from June 22, 2021, if such regulations have not been submitted 1932
2196+to the legislative regulation review committee for consideration under 1933
2197+section 4-170. The commissioner shall issue policies and procedures and 1934
2198+thereafter final regulations that include, but are not limited to, the 1935
2199+following: 1936
2200+(1) Setting appropriate dosage, potency, concentration and serving 1937
2201+size limits and delineation requirements for cannabis, provided a 1938
2202+standardized serving of edible cannabis product or beverage, other than 1939
2203+a medical marijuana product, shall contain not more than five 1940
2204+milligrams of THC. 1941
2205+(2) Requiring that each single standardized serving of cannabis 1942
2206+product in a multiple-serving edible product or beverage is physically 1943
2207+demarked in a way that enables a reasonable person to determine how 1944
2208+much of the product constitutes a single serving and a maximum 1945
2209+amount of THC per multiple-serving edible cannabis product or 1946
2210+beverage. 1947
2211+(3) Requiring that, if it is impracticable to clearly demark every 1948
2212+standardized serving of cannabis product or to make each standardized 1949
2213+serving easily separable in an edible cannabis product or beverage, the 1950
2214+product, other than cannabis concentrate or medical marijuana product, 1951
2215+shall contain not more than five milligrams of THC per unit of sale. 1952 Substitute Bill No. 5150
2216+
2217+
2218+LCO 64 of 94
2219+
2220+(4) Establishing, in consultation with the Department of Mental 1953
2221+Health and Addiction Services, consumer health materials that shall be 1954
2222+posted or distributed, as specified by the commissioner, by cannabis 1955
2223+establishments to maximize dissemination to cannabis consumers. 1956
2224+Consumer health materials may include pamphlets, packaging inserts, 1957
2225+signage, online and printed advertisements and advisories and printed 1958
2226+health materials. 1959
2227+(5) Imposing labeling and packaging requirements for cannabis sold 1960
2228+by a cannabis establishment that include, but are not limited to, the 1961
2229+following: 1962
2230+(A) Inclusion of universal symbols to indicate that cannabis, or a 1963
2231+cannabis product, contains THC and is not legal or safe for individuals 1964
2232+younger than twenty-one years of age, and prescribe how such product 1965
2233+and product packaging shall utilize and exhibit such symbols. 1966
2234+(B) A disclosure concerning the length of time it typically takes for 1967
2235+the cannabis to affect an individual, including that certain forms of 1968
2236+cannabis take longer to have an effect. 1969
2237+(C) A notation of the amount of cannabis the cannabis product is 1970
2238+considered the equivalent to. 1971
2239+(D) A list of ingredients and all additives for cannabis. 1972
2240+(E) [Child-resistant] Except as provided in subdivision (3) of 1973
2241+subsection (f) of section 21a-420p, as amended by this act, child-1974
2242+resistant, tamper-resistant and light-resistant packaging. [, including 1975
2243+requiring that an edible product be individually wrapped.] For the 1976
2244+purposes of this subparagraph, packaging shall be deemed to be (i) 1977
2245+child-resistant if the packaging satisfies the standard for special 1978
2246+packaging established in 16 CFR 1700.1(b)(4), as amended from time to 1979
2247+time, (ii) tamper-resistant if the packaging has at least one barrier to, or 1980
2248+indicator of, entry that would preclude the contents of such packaging 1981
2249+from being accessed or adulterated without indicating to a reasonable 1982
2250+person that such packaging has been breached, and (iii) light-resistant if 1983 Substitute Bill No. 5150
2251+
2252+
2253+LCO 65 of 94
2254+
2255+the packaging is entirely and uniformly opaque and protects the entirety 1984
2256+of the contents of such packaging from the effects of light. 1985
2257+(F) [Packaging for] Except as provided in subdivision (3) of 1986
2258+subsection (f) of section 21a-420p, as amended by this act, (i) packaging 1987
2259+for cannabis intended for multiple servings to be resealable in such a 1988
2260+manner so as to render such packaging continuously child-resistant, as 1989
2261+described in subparagraph (E)(i) of this subdivision, and preserve the 1990
2262+integrity of the contents of such packaging, and (ii) if packaging for 1991
2263+cannabis intended for multiple servings contains any edible cannabis 1992
2264+product, for each single standardized serving to be easily discernible 1993
2265+and (I) individually wrapped, or (II) physically demarked and 1994
2266+delineated as required under this subsection. 1995
2267+(G) Impervious packaging that protects the contents of such 1996
2268+packaging from contamination and exposure to any toxic or harmful 1997
2269+substance, including, but not limited to, any glue or other adhesive or 1998
2270+substance that is incorporated in such packaging. 1999
2271+(H) Product tracking information sufficient to determine where and 2000
2272+when the cannabis was grown and manufactured such that a product 2001
2273+recall could be effectuated. 2002
2274+(I) A net weight statement. 2003
2275+(J) A recommended use by or expiration date. 2004
2276+(K) Standard and uniform packaging and labeling, including, but not 2005
2277+limited to, requirements (i) regarding branding or logos, (ii) that all 2006
2278+packaging be opaque, and (iii) that amounts and concentrations of THC 2007
2279+and cannabidiol, per serving and per package, be clearly marked on the 2008
2280+packaging or label of any cannabis product sold. 2009
2281+(L) For any cannabis concentrate cannabis product that contains a 2010
2282+total THC percentage greater than thirty per cent, a warning that such 2011
2283+cannabis product is a high-potency product and may increase the risk 2012
2284+of psychosis. 2013 Substitute Bill No. 5150
2285+
2286+
2287+LCO 66 of 94
2288+
2289+(M) Chemotypes, which shall be displayed as (i) "High THC, Low 2014
2290+CBD" where the ratio of THC to CBD is greater than five to one and the 2015
2291+total THC percentage is at least fifteen per cent, (ii) "Moderate THC, 2016
2292+Moderate CBD" where the ratio of THC to CBD is at least one to five but 2017
2293+not greater than five to one and the total THC percentage is greater than 2018
2294+five per cent but less than fifteen per cent, (iii) "Low THC, High CBD" 2019
2295+where the ratio of THC to CBD is less than one to five and the total THC 2020
2296+percentage is not greater than five per cent, or (iv) the chemotype 2021
2297+described in clause (i), (ii) or (iii) of this subparagraph that most closely 2022
2298+fits the cannabis or cannabis product, as determined by mathematical 2023
2299+analysis of the ratio of THC to CBD, where such cannabis or cannabis 2024
2300+product does not fit a chemotype described in clause (i), (ii) or (iii) of 2025
2301+this subparagraph. 2026
2302+(N) A requirement that, prior to being sold and transferred to a 2027
2303+consumer, qualifying patient or caregiver, cannabis packaging be 2028
2304+clearly labeled, whether printed directly on such packaging or affixed 2029
2305+by way of a separate label, other than an extended content label, with: 2030
2306+(i) A unique identifier generated by a cannabis analytic tracking 2031
2307+system maintained by the department and used to track cannabis under 2032
2308+the policies and procedures issued, and final regulations adopted, by 2033
2309+the commissioner pursuant to this section; and 2034
2310+(ii) The following information concerning the cannabis contained in 2035
2311+such packaging, which shall be in legible English, black lettering, Times 2036
2312+New Roman font, flat regular typeface, on a contrasting background 2037
2313+and in uniform size of not less than one-tenth of one inch, based on a 2038
2314+capital letter "K", which information shall also be available on the 2039
2315+Internet web site of the cannabis establishment that sells and transfers 2040
2316+such cannabis: 2041
2317+(I) The name of such cannabis, as registered with the department 2042
2318+under the policies and procedures issued, and final regulations adopted, 2043
2319+by the commissioner pursuant to this section. 2044
2320+(II) The expiration date, which shall not account for any refrigeration 2045 Substitute Bill No. 5150
2321+
2322+
2323+LCO 67 of 94
2324+
2325+after such cannabis is sold and transferred to the consumer, qualifying 2046
2326+patient or caregiver. 2047
2327+(III) The net weight or volume, expressed in metric and imperial 2048
2328+units. 2049
2329+(IV) The standardized serving size, expressed in customary units, and 2050
2330+the number of servings included in such packaging, if applicable. 2051
2331+(V) Directions for use and storage. 2052
2332+(VI) Each active ingredient comprising at least one per cent of such 2053
2333+cannabis, including cannabinoids, isomers, esters, ethers and salts and 2054
2334+salts of isomers, esters and ethers, and all quantities thereof expressed 2055
2335+in metric units and as a percentage of volume. 2056
2336+(VII) A list of all known allergens, as identified by the federal Food 2057
2337+and Drug Administration, contained in such cannabis, or the denotation 2058
2338+"no known FDA identified allergens" if such cannabis does not contain 2059
2339+any allergen identified by the federal Food and Drug Administration. 2060
2340+(VIII) The following warning statement within, and outlined by, a red 2061
2341+box: 2062
2342+"This product is not FDA-approved, may be intoxicating, cause long-2063
2343+term physical and mental health problems, and have delayed side 2064
2344+effects. It is illegal to operate a vehicle or machinery under the influence 2065
2345+of cannabis. Keep away from children." 2066
2346+(IX) At least one of the following warning statements, rotated 2067
2347+quarterly on an alternating basis: 2068
2348+"Warning: Frequent and prolonged use of cannabis can contribute to 2069
2349+mental health problems over time, including anxiety, depression, 2070
2350+stunted brain development and impaired memory." 2071
2351+"Warning: Consumption while pregnant or breastfeeding may be 2072
2352+harmful." 2073 Substitute Bill No. 5150
2353+
2354+
2355+LCO 68 of 94
2356+
2357+"Warning: Cannabis has intoxicating effects and may be habit-2074
2358+forming and addictive." 2075
2359+"Warning: Consuming more than the recommended amount may 2076
2360+result in adverse effects requiring medical attention.". 2077
2361+(X) All information necessary to comply with labeling requirements 2078
2362+imposed under the laws of this state [or] and federal law, including, but 2079
2363+not limited to, sections 21a-91 to 21a-120, inclusive, and 21a-151 to 21a-2080
2364+159, inclusive, the Federal Food, Drug and Cosmetic Act, 21 USC 301 et 2081
2365+seq., as amended from time to time, and the federal Fair Packaging and 2082
2366+Labeling Act, 15 USC 1451 et seq., as amended from time to time, for 2083
2367+similar products that do not contain cannabis. 2084
2368+(XI) Such additional warning labels for certain cannabis products as 2085
2369+the commissioner may require and post on the department's Internet 2086
2370+web site. 2087
2371+(6) Establishing laboratory testing standards, consumer disclosures 2088
2372+concerning mold and yeast in cannabis and permitted remediation 2089
2373+practices. 2090
2374+(7) Restricting forms of cannabis products and cannabis product 2091
2375+delivery systems to ensure consumer safety and deter public health 2092
2376+concerns. 2093
2377+(8) Prohibiting certain manufacturing methods, or inclusion of 2094
2378+additives to cannabis products, including, but not limited to, (A) added 2095
2379+flavoring, terpenes or other additives unless approved by the 2096
2380+department, or (B) any form of nicotine or other additive containing 2097
2381+nicotine. 2098
2382+(9) Prohibiting cannabis product types that appeal to children. 2099
2383+(10) Establishing physical and cyber security requirements related to 2100
2384+build out, monitoring and protocols for cannabis establishments as a 2101
2385+requirement for licensure. 2102 Substitute Bill No. 5150
2386+
2387+
2388+LCO 69 of 94
2389+
2390+(11) Placing temporary limits on the sale of cannabis in the adult-use 2103
2391+market, if deemed appropriate and necessary by the commissioner, in 2104
2392+response to a shortage of cannabis for qualifying patients. 2105
2393+(12) Requiring retailers and hybrid retailers to make best efforts to 2106
2394+provide access to (A) low-dose THC products, including products that 2107
2395+have one milligram and two and a half milligrams of THC per dose, and 2108
2396+(B) high-dose CBD products. 2109
2397+(13) Requiring producers, cultivators, micro-cultivators, product 2110
2398+manufacturers and food and beverage manufacturers to register brand 2111
2399+names for cannabis, in accordance with the policies and procedures and 2112
2400+subject to the fee set forth in, regulations adopted under chapter 420f. 2113
2401+(14) Prohibiting a cannabis establishment from selling, other than the 2114
2402+sale of medical marijuana products between cannabis establishments 2115
2403+and the sale of cannabis to qualified patients and caregivers, (A) 2116
2404+cannabis flower or other cannabis plant material with a total THC 2117
2405+concentration greater than thirty per cent on a dry-weight basis, and (B) 2118
2406+any cannabis product other than cannabis flower and cannabis plant 2119
2407+material with a total THC concentration greater than sixty per cent on a 2120
2408+dry-weight basis, except that the provisions of subparagraph (B) of this 2121
2409+subdivision shall not apply to the sale of prefilled cartridges for use in 2122
2410+an electronic cannabis delivery system, as defined in section 19a-342a 2123
2411+and the department may adjust the percentages set forth in 2124
2412+subparagraph (A) or (B) of this subdivision in regulations adopted 2125
2413+pursuant to this section for purposes of public health or to address 2126
2414+market access or shortage. As used in this subdivision, "cannabis plant 2127
2415+material" means material from the cannabis plant, as defined in section 2128
2416+21a-279a. 2129
2417+(15) Permitting the outdoor cultivation of cannabis. 2130
2418+(16) Prohibiting packaging that is (A) visually similar to any 2131
2419+commercially similar product that does not contain cannabis, or (B) used 2132
2420+for any good that is marketed to individuals reasonably expected to be 2133
2421+younger than twenty-one years of age. 2134 Substitute Bill No. 5150
2422+
2423+
2424+LCO 70 of 94
2425+
2426+(17) Allowing packaging to include a picture of the cannabis product 2135
2427+and contain a logo of one cannabis establishment, which logo may be 2136
2428+comprised of not more than three colors and provided neither black nor 2137
2429+white shall be considered one of such three colors. 2138
2430+(18) Requiring packaging to (A) be entirely and uniformly one color, 2139
2431+and (B) not incorporate any information, print, embossing, debossing, 2140
2432+graphic or hidden feature, other than any permitted or required label. 2141
2433+(19) Requiring that packaging and labeling for an edible cannabis 2142
2434+product, excluding the warning labels required under this subsection 2143
2435+and a picture of the cannabis product described in subdivision (17) of 2144
2436+this subsection but including, but not limited to, the logo of the cannabis 2145
2437+establishment, shall only be comprised of black and white or a 2146
2438+combination thereof. 2147
2439+(20) (A) Except as provided in subparagraph (B) of this subdivision, 2148
2440+requiring that delivery device cartridges be labeled, in a clearly legible 2149
2441+manner and in as large a font as the size of the device reasonably allows, 2150
2442+with only the following information (i) the name of the cannabis 2151
2443+establishment where the cannabis is grown or manufactured, (ii) the 2152
2444+cannabis brand, (iii) the total THC and total CBD content contained 2153
2445+within the delivery device cartridge, (iv) the expiration date, and (v) the 2154
2446+unique identifier generated by a cannabis analytic tracking system 2155
2447+maintained by the department and used to track cannabis under the 2156
2448+policies and procedures issued, and final regulations adopted, by the 2157
2449+commissioner pursuant to this section. 2158
2450+(B) A cannabis establishment may emboss, deboss or similarly print 2159
2451+the name of the cannabis establishment's business entity, and one logo 2160
2452+with not more than three colors, on a delivery device cartridge. 2161
2453+(21) Prescribing signage to be prominently displayed at dispensary 2162
2454+facilities, retailers and hybrid retailers disclosing (A) possible health 2163
2455+risks related to mold, and (B) the use and possible health risks related to 2164
2456+the use of mold remediation techniques. 2165 Substitute Bill No. 5150
2457+
2458+
2459+LCO 71 of 94
2460+
2461+Sec. 25. Subsection (b) of section 21a-421l of the general statutes is 2166
2462+repealed and the following is substituted in lieu thereof (Effective July 1, 2167
2463+2024): 2168
2464+(b) A cannabis establishment shall (1) store all cannabis in such a 2169
2465+manner as to prevent diversion, theft or loss, (2) make cannabis 2170
2466+accessible only to the minimum number of specifically authorized 2171
2467+employees essential for efficient operation, and (3) return any cannabis 2172
2468+to a secure location at the end of the scheduled business day. For the 2173
2469+purposes of this subsection, a location shall be deemed to be secure if 2174
2470+the location satisfies the requirements imposed in subsection (b) of 2175
2471+section 21a-262-4 of the regulations of Connecticut state agencies for 2176
2472+controlled substances listed in schedules III, IV and V of the Connecticut 2177
2473+controlled substance scheduling regulations adopted pursuant to 2178
2474+section 21a-243. 2179
2475+Sec. 26. Subsection (b) of section 21a-421bb of the 2024 supplement to 2180
2476+the general statutes is repealed and the following is substituted in lieu 2181
2477+thereof (Effective July 1, 2024): 2182
2478+(b) Except as provided in subsection (d) of this section, cannabis 2183
2479+establishments shall not: 2184
2480+(1) Advertise, including, but not limited to, through a business name 2185
2481+or logo, cannabis, cannabis paraphernalia or goods or services related to 2186
2482+cannabis: 2187
2483+(A) In ways that target or are designed to appeal to individuals under 2188
2484+twenty-one years of age, including, but not limited to, spokespersons or 2189
2485+celebrities who appeal to individuals under the legal age to purchase 2190
2486+cannabis or cannabis products, depictions of a person under twenty-five 2191
2487+years of age consuming cannabis, or, the inclusion of objects, such as 2192
2488+toys, characters or cartoon characters, suggesting the presence of a 2193
2489+person under twenty-one years of age, or any other depiction designed 2194
2490+in any manner to be appealing to a person under twenty-one years of 2195
2491+age; or 2196 Substitute Bill No. 5150
2492+
2493+
2494+LCO 72 of 94
2495+
2496+(B) By using any image, or any other visual representation, of the 2197
2497+cannabis plant or any part of the cannabis plant, including, but not 2198
2498+limited to, the leaf of the cannabis plant; 2199
2499+(2) Engage in any advertising by means of any form of billboard 2200
2500+within one thousand five hundred feet of an elementary or secondary 2201
2501+school ground or a house of worship, recreation center or facility, child 2202
2502+care center, playground, public park or library, or engage in any 2203
2503+advertising by means of a billboard between the hours of six o'clock a.m. 2204
2504+and eleven o'clock p.m.; 2205
2505+(3) Engage in advertising by means of any television, radio, Internet, 2206
2506+mobile application, social media or other electronic communication, 2207
2507+billboard or other outdoor signage, or print publication unless the 2208
2508+cannabis establishment has reliable evidence that at least ninety per cent 2209
2509+of the audience for the advertisement is reasonably expected to be 2210
2510+twenty-one years of age or older; 2211
2511+(4) Engage in advertising or marketing directed toward location-2212
2512+based devices, including, but not limited to, cellular phones, unless the 2213
2513+marketing is a mobile device application installed on the device by the 2214
2514+owner of the device who is twenty-one years of age or older and 2215
2515+includes a permanent and easy opt-out feature and warnings that the 2216
2516+use of cannabis is restricted to persons twenty-one years of age or older; 2217
2517+(5) Advertise cannabis or cannabis products in a manner claiming or 2218
2518+implying, or permit any employee of the cannabis establishment to 2219
2519+claim or imply, that such products have curative or therapeutic effects, 2220
2520+or that any other medical claim is true, or allow any employee to 2221
2521+promote cannabis for a wellness purpose unless such claims are 2222
2522+substantiated as set forth in regulations adopted under chapter 420f or 2223
2523+verbally conveyed by a licensed pharmacist or other licensed medical 2224
2524+practitioner in the course of business in, or while representing, a hybrid 2225
2525+retail or dispensary facility; 2226
2526+(6) Sponsor charitable, sports, musical, artistic, cultural, social or 2227
2527+other similar events or advertising at, or in connection with, such an 2228 Substitute Bill No. 5150
2528+
2529+
2530+LCO 73 of 94
2531+
2532+event unless the cannabis establishment has reliable evidence that (A) 2229
2533+not more than ten per cent of the in-person audience at the event is 2230
2534+reasonably expected to be under the legal age to purchase cannabis or 2231
2535+cannabis products, and (B) not more than ten per cent of the audience 2232
2536+that will watch, listen or participate in the event is expected to be under 2233
2537+the legal age to purchase cannabis products; 2234
2538+(7) Advertise cannabis, cannabis products or cannabis paraphernalia 2235
2539+in any physical form visible to the public within five hundred feet of an 2236
2540+elementary or secondary school ground or a recreation center or facility, 2237
2541+child care center, playground, public park or library; 2238
2542+(8) Cultivate cannabis or manufacture cannabis products for 2239
2543+distribution outside of this state in violation of federal law, advertise in 2240
2544+any way that encourages the transportation of cannabis across state lines 2241
2545+or otherwise encourages illegal activity; 2242
2546+(9) Except for dispensary facilities and hybrid retailers, exhibit within 2243
2547+or upon the outside of the facility used in the operation of a cannabis 2244
2548+establishment, or include in any advertisement, the word "dispensary" 2245
2549+or any variation of such term or any other words, displays or symbols 2246
2550+indicating that such store, shop or place of business is a dispensary; 2247
2551+(10) Exhibit within or upon the outside of the premises subject to the 2248
2552+cannabis establishment license, or include in any advertisement the 2249
2553+words "drug store", "pharmacy", "apothecary", "drug", "drugs" or 2250
2554+"medicine shop" or any combination of such terms or any other words, 2251
2555+displays or symbols indicating that such store, shop or place of business 2252
2556+is a pharmacy; 2253
2557+(11) Advertise on or in public or private vehicles or at bus stops, taxi 2254
2558+stands, transportation waiting areas, train stations, airports or other 2255
2559+similar transportation venues including, but not limited to, vinyl-2256
2560+wrapped vehicles or signs or logos on transportation vehicles not 2257
2561+owned by a cannabis establishment; 2258
2562+(12) Display cannabis, cannabis products or any image, or any other 2259 Substitute Bill No. 5150
2563+
2564+
2565+LCO 74 of 94
2566+
2567+visual representation, of the cannabis plant or any part of the cannabis 2260
2568+plant, including, but not limited to, the leaf of the cannabis plant, so as 2261
2569+to be clearly visible to a person from the exterior of the facility used in 2262
2570+the operation of a cannabis establishment, or display signs or other 2263
2571+printed material advertising any brand or any kind of cannabis or 2264
2572+cannabis product, or including any image, or any other visual 2265
2573+representation, of the cannabis plant or any part of the cannabis plant, 2266
2574+including, but not limited to, the leaf of the cannabis plant, on the 2267
2575+exterior of any facility used in the operation of a cannabis establishment; 2268
2576+(13) Utilize radio or loudspeaker, in a vehicle or in or outside of a 2269
2577+facility used in the operation of a cannabis establishment, for the 2270
2578+purposes of advertising the sale of cannabis or cannabis products; [or] 2271
2579+(14) Operate any web site advertising or depicting cannabis, cannabis 2272
2580+products or cannabis paraphernalia unless such web site verifies that 2273
2581+the entrants or users are twenty-one years of age or older; or 2274
2582+(15) Engage in advertising or marketing that includes a discounted 2275
2583+price or other promotional offering as an inducement to purchase any 2276
2584+cannabis or cannabis product that is not a medical marijuana product. 2277
2585+Sec. 27. Section 22-61m of the 2024 supplement to the general statutes 2278
2586+is repealed and the following is substituted in lieu thereof (Effective July 2279
2587+1, 2024): 2280
2588+(a) No person shall manufacture in the state without a license to 2281
2589+manufacture issued by the Commissioner of Consumer Protection. 2282
2590+Nothing in this section shall be construed to prohibit a person who is 2283
2591+licensed in another state to manufacture, handle, store and market 2284
2592+manufacturer hemp products from applying for and obtaining a license 2285
2593+in accordance with the provisions of this section. 2286
2594+(b) Each applicant for a manufacturer license shall submit an 2287
2595+application on a form and in a manner prescribed by the Commissioner 2288
2596+of Consumer Protection. 2289 Substitute Bill No. 5150
2597+
2598+
2599+LCO 75 of 94
2600+
2601+(c) The following fees shall apply for a license to manufacture: 2290
2602+(1) A nonrefundable license application fee of seventy-five dollars; 2291
2603+and 2292
2604+(2) A nonrefundable licensing fee of three hundred seventy-five 2293
2605+dollars for a license to manufacture hemp. 2294
2606+(d) A license to manufacture issued by the Commissioner of 2295
2607+Consumer Protection pursuant to this section shall expire triennially on 2296
2608+June thirtieth. Such licenses shall not be transferable. 2297
2609+(e) In accordance with a hearing held pursuant to chapter 54, the 2298
2610+Commissioner of Consumer Protection may deny, suspend or revoke a 2299
2611+manufacturer license, issue fines of not more than [two thousand five 2300
2612+hundred] five thousand dollars per violation and place conditions upon 2301
2613+a manufacturer licensee who violates the provisions of this section and 2302
2614+any regulation adopted pursuant to this section. 2303
2615+(f) (1) Any individual who manufactures in this state without 2304
2616+obtaining a license pursuant to this section or who manufactures in this 2305
2617+state after such entity's license is suspended or revoked shall be fined 2306
2618+[two hundred fifty] ten thousand dollars in accordance with the 2307
2619+provisions of section 51-164n. 2308
2620+(2) Any entity who manufactures in this state without obtaining a 2309
2621+license pursuant to this section, or who manufactures in this state after 2310
2622+having a license suspended, shall be fined not more than [two thousand 2311
2623+five hundred] five thousand dollars per violation after a hearing 2312
2624+conducted in accordance with the provisions of chapter 54. 2313
2625+(g) Nothing in this chapter or any regulations adopted pursuant to 2314
2626+this chapter shall be construed to apply to persons licensed pursuant to 2315
2627+section 21a-408i nor to require persons licensed pursuant to said section 2316
2628+to obtain a license pursuant to this chapter. 2317
2629+(h) The Commissioner of Consumer Protection may inspect and shall 2318
2630+have access to the buildings, equipment, supplies, vehicles, records, real 2319 Substitute Bill No. 5150
2631+
2632+
2633+LCO 76 of 94
2634+
2635+property and other information of any manufacturer applicant or 2320
2636+licensee that the commissioner deems necessary to carry out the 2321
2637+commissioner's duties pursuant to this section. 2322
2638+(i) (1) Each manufacturer shall follow the protocol in this subsection 2323
2639+for disposing of cannabis in the event that any hemp or hemp product 2324
2640+is deemed to exceed the prescribed THC concentration, as determined 2325
2641+by the Commissioner of Consumer Protection, or a manufacturer 2326
2642+licensee in possession of hemp or hemp products who desires to dispose 2327
2643+of obsolete, misbranded, excess or otherwise undesired product. Each 2328
2644+manufacturer licensee shall be responsible for all costs of disposal of 2329
2645+hemp samples and any hemp produced by such licensee that violates 2330
2646+the provisions of this section or any regulation adopted pursuant to this 2331
2647+section. Any cannabis that exceeds the prescribed THC concentration 2332
2648+allowable in hemp or hemp products shall be immediately embargoed 2333
2649+by such manufacturer and clearly labeled as adulterated by such 2334
2650+licensee and such licensee shall immediately notify both the Department 2335
2651+of Consumer Protection and the Department of Agriculture, in writing, 2336
2652+of such adulterated product. Such adulterated product shall be 2337
2653+destroyed and disposed of by the following method, as determined by 2338
2654+the Commissioner of Consumer Protection: 2339
2655+(A) Surrender, without compensation, of such hemp or hemp product 2340
2656+to the Commissioner of Consumer Protection who shall be responsible 2341
2657+for the destruction and disposal of such adulterated product; or 2342
2658+(B) By disposal in a manner prescribed by the Commissioner of 2343
2659+Consumer Protection. 2344
2660+(2) Notwithstanding the provisions of subdivision (1) of this 2345
2661+subsection, upon written request of a manufacturer, the Commissioner 2346
2662+of Consumer Protection may permit such manufacturer to combine 2347
2663+different batches of raw hemp plant material to achieve a THC 2348
2664+concentration of 0.3 per cent on a dry weight basis, in lieu of embargo 2349
2665+or destruction. 2350
2666+(j) The manufacturer or manufacturer's authorized designee 2351 Substitute Bill No. 5150
2667+
2668+
2669+LCO 77 of 94
2670+
2671+disposing of the hemp or hemp products shall maintain and make 2352
2672+available to the Commissioner of Consumer Protection a record of each 2353
2673+such disposal or destruction of product indicating: 2354
2674+(1) The date, time and location of disposal or destruction; 2355
2675+(2) The manner of disposal or destruction; 2356
2676+(3) The batch or lot information and quantity of hemp or hemp 2357
2677+product disposed of or destroyed; and 2358
2678+(4) The signatures of the persons disposing of the hemp or hemp 2359
2679+products, the authorized representative of the Commissioner of 2360
2680+Consumer Protection and any other persons present during the 2361
2681+disposal. 2362
2682+(k) Any hemp intended to be manufactured by a manufacturer into a 2363
2683+manufacturer hemp product shall be tested by an independent testing 2364
2684+laboratory located in this state. A manufacturer licensee shall make 2365
2685+available samples, in an amount and type determined by the 2366
2686+Commissioner of Consumer Protection, of hemp for an independent 2367
2687+testing laboratory employee to select random samples. The independent 2368
2688+testing laboratory shall test each sample in accordance with the 2369
2689+laboratory testing standards established in policies, procedures and 2370
2690+regulations adopted by the commissioner pursuant to section 21a-421j, 2371
2691+as amended by this act. 2372
2692+(l) Once a batch of hemp, intended to be sold as a manufacturer hemp 2373
2693+product, has been homogenized for sample testing and eventual 2374
2694+packaging and sale, until the independent testing laboratory provides 2375
2695+the results from its tests and analysis, the manufacturer shall segregate 2376
2696+and withhold from use the entire batch of hemp that is intended for use 2377
2697+as a manufacturer hemp product, except the samples that have been 2378
2698+removed by the independent testing laboratory for testing. During this 2379
2699+period of segregation, the manufacturer licensee shall maintain the 2380
2700+hemp batch in a secure, cool and dry location, as prescribed by the 2381
2701+Commissioner of Consumer Protection, so as to prevent the hemp from 2382 Substitute Bill No. 5150
2702+
2703+
2704+LCO 78 of 94
2705+
2706+becoming adulterated. Such manufacturer shall not manufacture or sell 2383
2707+a manufacturer hemp product prior to the time that the independent 2384
2708+testing laboratory completes testing and analysis and provides such 2385
2709+results, in writing, to the manufacturer licensee who initiated such 2386
2710+testing. 2387
2711+(m) An independent testing laboratory shall immediately return or 2388
2712+dispose of any hemp or manufacturer hemp product upon the 2389
2713+completion of any testing, use or research. If an independent testing 2390
2714+laboratory disposes of hemp or manufacturer hemp products, the 2391
2715+laboratory shall dispose of such hemp in the following manner, as 2392
2716+determined by the Commissioner of Consumer Protection: 2393
2717+(1) By surrender, without compensation, of such hemp or 2394
2718+manufacturer hemp product to the Commissioner of Consumer 2395
2719+Protection who shall be responsible for the destruction and disposal of 2396
2720+such hemp or hemp product; or 2397
2721+(2) By disposal in a manner prescribed by the Commissioner of 2398
2722+Consumer Protection. 2399
2723+(n) If a sample does not pass the microbiological, mycotoxin, heavy 2400
2724+metal or pesticide chemical residue test, based on the laboratory testing 2401
2725+standards established in policies, procedures and regulations adopted 2402
2726+by the Commissioner of Consumer Protection pursuant to section 21a-2403
2727+421j, as amended by this act, the manufacturer licensee who sent such 2404
2728+batch for testing shall: 2405
2729+(1) Retest and reanalyze the hemp from which the sample was taken 2406
2730+by having an employee from the same laboratory randomly select 2407
2731+another sample from the same hemp batch. If the sample used to retest 2408
2732+or reanalyze such hemp yields satisfactory results for all testing 2409
2733+required under this section, an employee from a different laboratory 2410
2734+shall randomly select a different sample from the same hemp batch for 2411
2735+testing. If both samples yield satisfactory results for all testing required 2412
2736+under this section, the hemp batch from which the samples were taken 2413
2737+shall be released for manufacturing, processing and sale; 2414 Substitute Bill No. 5150
2738+
2739+
2740+LCO 79 of 94
2741+
2742+(2) If a remediation plan sufficient to ensure public health and safety 2415
2743+is submitted to and approved by the commissioner, remediate the hemp 2416
2744+batch from which the sample was taken and have a laboratory employee 2417
2745+randomly select a sample from such remediated hemp batch for testing. 2418
2746+If such randomly selected sample yields satisfactory results for any 2419
2747+testing required under this section, an employee from a different 2420
2748+laboratory shall randomly select a different sample from the same hemp 2421
2749+batch for testing. If both samples yield satisfactory results for all testing 2422
2750+required under this section, the hemp batch from which the samples 2423
2751+were taken may be released for manufacturing, processing or sale; or 2424
2752+(3) If the manufacturer does not retest or remediate, or if any 2425
2753+subsequent laboratory testing does not yield satisfactory results for any 2426
2754+testing required under this section, dispose of the entire batch from 2427
2755+which the sample was taken in accordance with procedures established 2428
2756+by the Commissioner of Consumer Protection pursuant to subdivision 2429
2757+(1) of subsection (i) of this section. 2430
2758+(o) If a sample passes the microbiological, mycotoxin, heavy metal 2431
2759+and pesticide chemical residue test, the independent testing laboratory 2432
2760+shall release the entire batch for manufacturing, processing or sale. 2433
2761+(p) The independent testing laboratory shall file with the Department 2434
2762+of Consumer Protection an electronic copy of each laboratory test result 2435
2763+for any batch that does not pass the microbiological, mycotoxin, heavy 2436
2764+metal or pesticide chemical residue test, at the same time that it 2437
2765+transmits such results to the manufacturer licensee who requested such 2438
2766+testing. Each independent testing laboratory shall maintain the test 2439
2767+results of each tested batch for a period of three years and shall make 2440
2768+such results available to the Department of Consumer Protection upon 2441
2769+request. 2442
2770+(q) Manufacturers shall maintain records required by the federal act, 2443
2771+this section, any regulation adopted pursuant to this section and the 2444
2772+policies, procedures and regulations adopted by the Commissioner of 2445
2773+Consumer Protection pursuant to section 21a-421j, as amended by this 2446 Substitute Bill No. 5150
2774+
2775+
2776+LCO 80 of 94
2777+
2778+act. Each manufacturer shall make such records available to the 2447
2779+Department of Consumer Protection immediately upon request and in 2448
2780+electronic format, if available. 2449
2781+(r) The Commissioner of Consumer Protection may adopt 2450
2782+regulations, in accordance with the provisions of chapter 54, to 2451
2783+implement the provisions of this section including, but not limited to, 2452
2784+establishing sampling and testing procedures to ensure compliance 2453
2785+with this section, prescribing storage and disposal procedures for hemp, 2454
2786+marijuana and manufacturer hemp products that fail to pass 2455
2787+Department of Consumer Protection prescribed independent testing 2456
2788+laboratory testing standards and establishing advertising and labeling 2457
2789+requirements for manufacturer hemp products. 2458
2790+(s) Any claim of health impacts, medical effects or physical or mental 2459
2791+benefits shall be prohibited on any advertising for, labeling of or 2460
2792+marketing of manufacturer hemp products regardless of whether such 2461
2793+manufacturer hemp products were manufactured in this state or 2462
2794+another jurisdiction. Any violation of this subsection shall be deemed an 2463
2795+unfair or deceptive trade practice under subsection (a) of section 42-2464
2796+110b. 2465
2797+(t) Not later than February 1, 2020, the Commissioners of Agriculture 2466
2798+and Consumer Protection shall submit a report, in accordance with 2467
2799+section 11-4a, to the joint standing committee of the general assembly 2468
2800+having cognizance of matters relating to the environment on the status 2469
2801+of the pilot program, the development of the state plan and any 2470
2802+regulations for such pilot program or state plan. Such report shall also 2471
2803+include any legislative recommendations, including, but not limited to, 2472
2804+any recommendations for requiring the registration of any 2473
2805+manufacturer hemp product offered for sale in this state. 2474
2806+(u) (1) Any person who sells manufacturer hemp products shall not 2475
2807+be required to be licensed, provided such person only engages in: (A) 2476
2808+The retail or wholesale sale of manufacturer hemp products in which no 2477
2809+further manufacturing of hemp occurs, provided such manufacturer 2478 Substitute Bill No. 5150
2810+
2811+
2812+LCO 81 of 94
2813+
2814+hemp products are acquired from a person authorized to manufacture 2479
2815+the manufacturer hemp products under the laws of this state or another 2480
2816+state, territory or possession of the United States or another sovereign 2481
2817+entity; (B) the acquisition of manufacturer hemp products for the sole 2482
2818+purpose of product distribution for resale; and (C) the retail sale of 2483
2819+manufacturer hemp products that is authorized under federal or state 2484
2820+law. 2485
2821+(2) The Commissioner of Consumer Protection or Commissioner of 2486
2822+Revenue Services may, pursuant to section 4-182, summarily suspend 2487
2823+any credential the Department of Consumer Protection or Department 2488
2824+of Revenue Services, respectively, issued to any person who [sells 2489
2825+manufacturer hemp products in violation of subdivision (1) of this 2490
2826+subsection or subsections (v) to (y), inclusive, of this section] violates 2491
2827+any provision of this section or chapter 214c, 228d, 420f or 420h. 2492
2828+(v) No manufacturer hemp product offered for sale in this state, or to 2493
2829+a consumer in this state, shall contain any synthetic cannabinoid, as 2494
2830+defined in section 21a-240, as amended by this act. 2495
2831+(w) No manufacturer hemp product offered for sale in this state, or 2496
2832+to a consumer in this state, shall be packaged, presented or advertised 2497
2833+in a manner that is likely to mislead a consumer by incorporating any 2498
2834+statement, brand, design, representation, picture, illustration or other 2499
2835+depiction that: (1) Bears a reasonable resemblance to trademarked or 2500
2836+characteristic packaging of (A) cannabis offered for sale (i) in this state 2501
2837+by a cannabis establishment licensed in this state, or (ii) on tribal land 2502
2838+by a tribal-credentialed cannabis entity, or (B) a commercially available 2503
2839+product other than a cannabis product, as defined in section 21a-420, as 2504
2840+amended by this act; or (2) implies that the manufacturer hemp product 2505
2841+(A) is a cannabis product, as defined in section 21a-420, as amended by 2506
2842+this act, (B) contains a total THC concentration greater than three-tenths 2507
2843+per cent on a dry-weight basis, or (C) is a high-THC hemp product, as 2508
2844+defined in section 21a-240, as amended by this act. 2509
2845+(x) No manufacturer hemp product that is a food, beverage, oil or 2510 Substitute Bill No. 5150
2846+
2847+
2848+LCO 82 of 94
2849+
2850+other product intended for human ingestion shall be distributed or sold 2511
2851+in this state unless such product is contained within a package, or a label 2512
2852+is affixed to such package, that includes: 2513
2853+(1) A scannable barcode, Internet web site address or quick response 2514
2854+code that is linked to the certificate of analysis of the final form product 2515
2855+batch by an independent testing laboratory and discloses: 2516
2856+(A) The name of such product; 2517
2857+(B) The name, address and telephone number of such product's 2518
2858+manufacturer, packer and distributor, as applicable; 2519
2859+(C) The batch number, which shall match the batch number on such 2520
2860+package or label; and 2521
2861+(D) The concentration of cannabinoids present in such product, 2522
2862+including, but not limited to, total THC and any cannabinoids or active 2523
2863+ingredients comprising at least one per cent of such product; 2524
2864+(2) The expiration or best by date for such product, if applicable; 2525
2865+(3) A clear and conspicuous statement disclosing that: 2526
2866+(A) Children, or those who are pregnant or breastfeeding, should 2527
2867+avoid using such product prior to consulting with a health care 2528
2868+professional concerning such product's safety; 2529
2869+(B) Products containing cannabinoids should be kept out of reach of 2530
2870+children; and 2531
2871+(C) The federal Food and Drug Administration has not evaluated 2532
2872+such product for safety or efficacy; and 2533
2873+(4) If such product is intended to be inhaled, a clear and conspicuous 2534
2874+warning statement disclosing that smoking or vaporizing is hazardous 2535
2875+to human health. 2536
2876+(y) No manufacturer hemp product that is a topical, soap or cosmetic, 2537 Substitute Bill No. 5150
2877+
2878+
2879+LCO 83 of 94
2880+
2881+as defined in section 21a-92, shall be distributed or sold in this state 2538
2882+unless such product is contained within a package, or a label is affixed 2539
2883+to such package, that includes: 2540
2884+(1) A scannable barcode, Internet web site address or quick response 2541
2885+code that is linked to the certificate of analysis of the final form extract 2542
2886+or final form product batch by an independent testing laboratory and 2543
2887+discloses: 2544
2888+(A) The name of such product; 2545
2889+(B) The name, address and telephone number of such product's 2546
2890+manufacturer, packer and distributor, as applicable; 2547
2891+(C) The batch number, which shall match the batch number on such 2548
2892+package or label; and 2549
2893+(D) The concentration of cannabinoids present in such batch, 2550
2894+including, but not limited to, total THC and any marketed cannabinoids; 2551
2895+(2) The expiration or best by date for such product, if applicable; and 2552
2896+(3) A clear and conspicuous statement disclosing the following: 2553
2897+"THE FDA HAS NOT EVALUATED T HIS PRODUCT FOR SAFETY 2554
2898+OR EFFICACY.". 2555
2899+[(z) Any violation of subsections (u) to (y), inclusive, of this section 2556
2900+shall be deemed an unfair or deceptive trade practice under subsection 2557
2901+(a) of section 42-110b.] 2558
2902+[(aa)] (z) Not later than October 31, 2023, and annually thereafter, the 2559
2903+Department of Emergency Services and Public Protection shall, in 2560
2904+consultation with the Department of Consumer Protection, publish a 2561
2905+training bulletin to inform local law enforcement agencies and officers 2562
2906+regarding the investigation and enforcement standards concerning 2563
2907+cannabis and high-THC hemp products. 2564
2908+[(bb)] (aa) Notwithstanding any provision of the general statutes: (1) 2565 Substitute Bill No. 5150
2909+
2910+
2911+LCO 84 of 94
2912+
2913+CBD that is found in manufacturer hemp products shall not be 2566
2914+considered a controlled substance, as defined in section 21a-240, as 2567
2915+amended by this act, or legend drug, as defined in section 20-571; and 2568
2916+(2) CBD derived from hemp and contained in manufacturer hemp 2569
2917+products shall not be considered a controlled substance or adulterant. 2570
2918+(bb) No manufacturer hemp product shall: (1) Contain a total THC 2571
2919+concentration of (A) greater than three-tenths per cent on a dry-weight 2572
2920+basis, or (B) two and one-half milligrams of total THC on a per-container 2573
2921+basis; or (2) be sold in packaging that contains more than two containers 2574
2922+per package. 2575
2923+(cc) No manufacturer hemp product containing more than one-half 2576
2924+of one milligram of total THC shall be sold to any consumer who is 2577
2925+younger than twenty-one years of age. No individual or entity shall sell 2578
2926+to a consumer any manufacturer hemp product containing more than 2579
2927+one-half of one milligram of total THC without first verifying the 2580
2928+consumer's age by examining a current, valid and government-issued 2581
2929+driver's license or identity card to establish that such consumer is 2582
2930+twenty-one years of age or older. 2583
2931+(dd) No manufacturer hemp product shall be offered for sale in this 2584
2932+state in the same establishment that offers for sale any products that are 2585
2933+not hemp products. 2586
2934+(ee) (1) Any violation of subsections (u) to (y), inclusive, of this section 2587
2935+shall be deemed an unfair or deceptive trade practice under subsection 2588
2936+(a) of section 42-110b. 2589
2937+(2) Any violation of subsections (bb) to (dd), inclusive, of this section 2590
2938+shall be deemed an unfair or deceptive trade practice under subsection 2591
2939+(a) of section 42-110b and shall be enforced by the Attorney General. The 2592
2940+provisions of section 42-110g shall apply to any violation of subsections 2593
2941+(u) to (dd), inclusive, of this section. 2594
2942+(ff) (1) Any municipality may, by vote of its legislative body, prohibit 2595
2943+the operation of any business within such municipality that is found to 2596 Substitute Bill No. 5150
2944+
2945+
2946+LCO 85 of 94
2947+
2948+be in violation of the provisions of this section or if such operation poses 2597
2949+an immediate threat to public health and safety. 2598
2950+(2) If the chief executive officer of a municipality determines that a 2599
2951+business within the municipality is operating in violation of the 2600
2952+provisions of this section or poses an immediate threat to public health 2601
2953+and safety, the chief executive officer may apply to the Superior Court 2602
2954+for an order under subdivision (3) of this subsection. 2603
2955+(3) Upon an application under subdivision (2) of this subsection, the 2604
2956+Superior Court, upon a finding that a business within the municipality 2605
2957+is operating in violation of the provisions of this section or poses an 2606
2958+immediate threat to public health and safety, may issue forthwith, ex 2607
2959+parte and without a hearing, an order which shall direct the chief law 2608
2960+enforcement officer of the municipality to take from such business 2609
2961+possession and control of any merchandise related to such violation or 2610
2962+immediate threat to public health and safety, which merchandise shall 2611
2963+include, but need not be limited to, (A) any cannabis, cannabis product 2612
2964+or manufacturer hemp product, (B) any cigarette, tobacco or tobacco 2613
2965+product, (C) any merchandise related to the merchandise described in 2614
2966+subparagraphs (A) and (B) of this subdivision, and (D) any proceeds 2615
2967+related to the merchandise described in subparagraphs (A) to (C), 2616
2968+inclusive, of this subdivision. 2617
2969+(4) As used in this subsection, (A) "cigarette" has the same meaning 2618
2970+as provided in section 4-28h, (B) "immediate threat to public health and 2619
2971+safety" includes, but is not limited to, the presence of (i) any cannabis, 2620
2972+cannabis product or manufacturer hemp product in connection with a 2621
2973+violation of this section, or (ii) any cigarette or tobacco product 2622
2974+alongside any cannabis, cannabis product or manufacturer hemp 2623
2975+product, and (C) "operation" and "operating" mean engaging in the sale 2624
2976+of, or otherwise offering for sale, goods and services to the general 2625
2977+public, including, but not limited to, through indirect retail sales. 2626
2978+(gg) (1) Any person who violates any provision of subsections (bb) to 2627
2979+(dd), inclusive, of this section shall be assessed a civil penalty of thirty 2628 Substitute Bill No. 5150
2980+
2981+
2982+LCO 86 of 94
2983+
2984+thousand dollars for each violation. Each day that such violation 2629
2985+continues shall constitute a separate offense. 2630
2986+(2) Any person who aids or abets any violation of the provisions of 2631
2987+subsections (bb) to (dd), inclusive, of this section shall be assessed a civil 2632
2988+penalty of thirty thousand dollars for each violation. Each day that such 2633
2989+person aids or abets such violation shall constitute a separate offense. 2634
2990+For the purposes of this subdivision, no person shall be deemed to have 2635
2991+aided or abetted a violation of the provisions of subsections (bb) to (dd), 2636
2992+inclusive, of this section unless (A) such person was the owner, officer, 2637
2993+controlling shareholder or in a similar position of authority which 2638
2994+allowed such person to make command or control decisions regarding 2639
2995+the operations and management of another person who (i) is prohibited 2640
2996+from selling or offering any manufacturer hemp product under 2641
2997+subsections (bb) to (dd), inclusive, of this section, and (ii) sold or offered 2642
2998+any manufacturer hemp product in violation of subsections (bb) to (dd), 2643
2999+inclusive, of this section, (B) such person knew that such other person 2644
3000+(i) is prohibited from selling or offering any manufacturer hemp 2645
3001+product under subsections (bb) to (dd), inclusive, of this section, and (ii) 2646
3002+sold or offered any manufacturer hemp product in violation of 2647
3003+subsections (bb) to (dd), inclusive, of this section, (C) such person 2648
3004+provided substantial assistance or encouragement in connection with 2649
3005+the sale or offer of such manufacturer hemp product in violation of 2650
3006+subsections (bb) to (dd), inclusive, of this section, and (D) such person's 2651
3007+conduct was a substantial factor in furthering the sale or offer of such 2652
3008+manufacturer hemp product in violation of subsections (bb) to (dd), 2653
3009+inclusive, of this section. 2654
3010+(3) Any person who manages or controls a commercial property, or 2655
3011+who manages or controls a commercial building, room, space or 2656
3012+enclosure, in such person's capacity as an owner, lessee, agent, 2657
3013+employee or mortgagor, who knowingly leases, rents or makes such 2658
3014+property, building, room, space or enclosure available for use, with or 2659
3015+without compensation, for the purpose of any sale or offer of any 2660
3016+manufacturer hemp product in violation of subsections (bb) to (dd), 2661
3017+inclusive, of this section shall be assessed a civil penalty of ten thousand 2662 Substitute Bill No. 5150
3018+
3019+
3020+LCO 87 of 94
3021+
3022+dollars for each violation. Each day that such violation continues shall 2663
3023+constitute a separate offense. 2664
3024+(4) No person other than the Attorney General, upon complaint of the 2665
3025+Commissioner of Consumer Protection, or a municipality in which the 2666
3026+violation of this section occurred shall investigate any violation of 2667
3027+subsections (bb) to (dd), inclusive, of this section, assess any civil 2668
3028+penalty under this subsection or institute a civil action to recover any 2669
3029+civil penalty imposed under this subsection. If a municipality institutes 2670
3030+a civil action to recover any civil penalty imposed under this subsection, 2671
3031+such penalty shall be paid first to the municipality to reimburse such 2672
3032+municipality for the costs incurred in instituting such action. One-half 2673
3033+of the remainder, if any, shall be payable to the treasurer of such 2674
3034+municipality and one-half of such remainder shall be payable to the 2675
3035+Treasurer and deposited in the General Fund. 2676
3036+(hh) Nothing in this section shall be construed to prohibit the 2677
3037+shipment or transportation through this state of any hemp that is 2678
3038+lawfully produced under federal law. 2679
3039+Sec. 28. Subsection (c) of section 22-61n of the 2024 supplement to the 2680
3040+general statutes is repealed and the following is substituted in lieu 2681
3041+thereof (Effective July 1, 2024): 2682
3042+(c) Hemp or hemp products purchased by a producer, cultivator, 2683
3043+micro-cultivator, [or] product manufacturer or food and beverage 2684
3044+manufacturer from a third party shall be tracked as a separate batch 2685
3045+throughout the manufacturing process in order to document the 2686
3046+disposition of such hemp or hemp products. Once hemp or hemp 2687
3047+products are received by a producer, cultivator, micro-cultivator, [or] 2688
3048+product manufacturer or food and beverage manufacturer, such hemp 2689
3049+or hemp products shall be deemed cannabis and shall comply with the 2690
3050+requirements for cannabis contained in the applicable provisions of the 2691
3051+general statutes and any regulations adopted pursuant to such 2692
3052+provisions. A producer, cultivator, micro-cultivator, [and] product 2693
3053+manufacturer and food and beverage manufacturer shall retain a copy 2694 Substitute Bill No. 5150
3054+
3055+
3056+LCO 88 of 94
3057+
3058+of the certificate of analysis for purchased hemp or hemp products and 2695
3059+invoice and transport documents that evidence the quantity purchased 2696
3060+and date received. 2697
3061+Sec. 29. Subsection (b) of section 30-20 of the general statutes is 2698
3062+repealed and the following is substituted in lieu thereof (Effective July 1, 2699
3063+2024): 2700
3064+(b) (1) A package store permit shall allow the retail sale of alcoholic 2701
3065+liquor in sealed bottles or containers not to be consumed on the permit 2702
3066+premises. The holder of a package store permit may, in accordance with 2703
3067+regulations adopted by the Department of Consumer Protection 2704
3068+pursuant to the provisions of chapter 54, (A) offer free samples of 2705
3069+alcoholic liquor for tasting on the permit premises, (B) conduct fee-2706
3070+based wine education and tasting classes and demonstrations, and (C) 2707
3071+conduct tastings or demonstrations provided by a permittee or backer 2708
3072+of the package store for a nominal charge to charitable nonprofit 2709
3073+organizations. Any offering, tasting, wine education and tasting class or 2710
3074+demonstration held on permit premises shall be conducted only during 2711
3075+the hours the package store may sell alcoholic liquor under section 30-2712
3076+91. No tasting of wine on the permit premises shall be offered from more 2713
3077+than ten uncorked bottles at any one time. 2714
3078+(2) No store operating under a package store permit shall sell any 2715
3079+commodity other than alcoholic liquor except, notwithstanding any 2716
3080+other provision of law, such store may sell (A) cigarettes and cigars, (B) 2717
3081+publications, (C) bar utensils, including, but not limited to, corkscrews, 2718
3082+beverage strainers, stirrers or other similar items used to consume, or 2719
3083+related to the consumption of, alcoholic liquor, (D) gift packages of 2720
3084+alcoholic liquor shipped into the state by a manufacturer or out-of-state 2721
3085+shipper, which gift packages may include nonalcoholic items, other than 2722
3086+food or tobacco products, if the dollar value of the nonalcoholic items in 2723
3087+such gift package does not exceed the dollar value of the alcoholic items 2724
3088+in such gift package, (E) complementary fresh fruits used in the 2725
3089+preparation of mixed alcoholic beverages, (F) cheese, crackers or both, 2726
3090+(G) olives, (H) nonalcoholic beverages, (I) concentrates used in the 2727 Substitute Bill No. 5150
3091+
3092+
3093+LCO 89 of 94
3094+
3095+preparation of mixed alcoholic beverages, (J) beer and wine-making kits 2728
3096+and products related to such kits, (K) ice in any form, (L) articles of 2729
3097+clothing imprinted with advertising related to the alcoholic liquor 2730
3098+industry, (M) gift baskets or other containers of alcoholic liquor, (N) 2731
3099+multiple packages of alcoholic liquors, provided in all such cases the 2732
3100+minimum retail selling price for such alcoholic liquor shall apply, (O) 2733
3101+lottery tickets authorized by the Department of Consumer Protection, if 2734
3102+licensed as an agent to sell such tickets by the department, (P) devices 2735
3103+and related accessories designed primarily for accessing and extracting 2736
3104+a beverage containing alcohol from prepackaged containers, including, 2737
3105+but not limited to, pods, pouches or similar containers, but excluding 2738
3106+devices, including, but not limited to, household blenders, that are not 2739
3107+designed primarily for such purposes, (Q) alcohol-infused confections 2740
3108+containing not more than one-half of one per cent of alcohol by weight 2741
3109+and which the commissioner has approved for sale under section 21a-2742
3110+101, [and] (R) gift baskets containing only containers of alcoholic liquor 2743
3111+and commodities authorized for sale under subparagraphs (A) to (Q), 2744
3112+inclusive, of this subdivision, and (S) infused beverages, as defined in 2745
3113+section 21a-420, as amended by this act, provided the package store 2746
3114+permittee purchased such infused beverages from the holder of a 2747
3115+wholesaler permit or a wholesaler permit for beer issued under section 2748
3116+30-17. A package store permit shall also allow the taking and 2749
3117+transmitting of orders for delivery of such merchandise in other states. 2750
3118+Notwithstanding any other provision of law, a package store permit 2751
3119+shall allow the participation in any lottery ticket promotion or giveaway 2752
3120+sponsored by the department. The annual fee for a package store permit 2753
3121+shall be five hundred thirty-five dollars. 2754
3122+Sec. 30. Section 30-63 of the general statutes is repealed and the 2755
3123+following is substituted in lieu thereof (Effective July 1, 2024): 2756
3124+(a) No holder of any manufacturer, wholesaler or out-of-state 2757
3125+shipper's permit shall ship, transport or deliver within this state, or sell 2758
3126+or offer for sale, any alcoholic liquors, except for beer manufactured by 2759
3127+a permittee in this state and sold for consumption only on the 2760
3128+permittee's premises, unless the name of the brand, trade name or other 2761 Substitute Bill No. 5150
3129+
3130+
3131+LCO 90 of 94
3132+
3133+distinctive characteristic by which such alcoholic liquors are bought and 2762
3134+sold, the name and address of the manufacturer thereof and the name 2763
3135+and address of each wholesaler permittee who is authorized by the 2764
3136+manufacturer or his authorized representative to sell such alcoholic 2765
3137+liquors are registered with the Department of Consumer Protection and 2766
3138+until such brand, trade name or other distinctive characteristic has been 2767
3139+approved by the department. Such registration shall be valid for a 2768
3140+period of three years. The fee for such registration, or renewal thereof, 2769
3141+shall be two hundred dollars for out-of-state shippers and fifteen dollars 2770
3142+for Connecticut manufacturers for each brand so registered, payable by 2771
3143+the manufacturer or such manufacturer's authorized representative 2772
3144+when such liquors are manufactured in the United States and by the 2773
3145+importer or such importer's authorized representative when such 2774
3146+liquors are imported into the United States. The department shall not 2775
3147+approve the brand registration of any fortified wine, as defined in 2776
3148+section 12-433, which is labeled, packaged or canned so as to appear to 2777
3149+be a wine or liquor cooler, as defined in section 12-433. 2778
3150+(b) No manufacturer, wholesaler or out-of-state shipper permittee 2779
3151+shall discriminate in any manner in price discounts between one 2780
3152+permittee and another on sales or purchases of alcoholic liquors bearing 2781
3153+the same brand or trade name and of like age, size and quality, nor shall 2782
3154+such manufacturer, wholesaler or out-of-state shipper permittee allow 2783
3155+in any form any discount, rebate, free goods, allowance or other 2784
3156+inducement for the purpose of making sales or purchases. Nothing in 2785
3157+this subsection shall be construed to prohibit beer manufacturers, beer 2786
3158+wholesalers or beer out-of-state shipper permittees from differentiating 2787
3159+in the manner in which their products are packaged on the basis of on-2788
3160+site or off-site consumption. 2789
3161+(c) For alcoholic liquor other than beer, each manufacturer, 2790
3162+wholesaler and out-of-state shipper permittee shall post with the 2791
3163+department, on a monthly basis, the bottle, can and case price of any 2792
3164+brand of goods offered for sale in Connecticut, which price when so 2793
3165+posted shall be the controlling price for such manufacturer, wholesaler 2794
3166+or out-of-state permittee for the month following such posting. On and 2795 Substitute Bill No. 5150
3167+
3168+
3169+LCO 91 of 94
3170+
3171+after July 1, 2005, for beer, each manufacturer, wholesaler and out-of-2796
3172+state shipper permittee shall post with the department, on a monthly 2797
3173+basis, the bottle, can and case price, and the price per keg or barrel or 2798
3174+fractional unit thereof for any brand of goods offered for sale in 2799
3175+Connecticut which price when so posted shall be the controlling price 2800
3176+for such brand of goods offered for sale in this state for the month 2801
3177+following such posting. Such manufacturer, wholesaler and out-of-state 2802
3178+shipper permittee may also post additional prices for such bottle, can, 2803
3179+case, keg or barrel or fractional unit thereof for a specified portion of the 2804
3180+following month which prices when so posted shall be the controlling 2805
3181+prices for such bottle, can, case, keg or barrel or fractional unit thereof 2806
3182+for such specified portion of the following month. Notice of all 2807
3183+manufacturer, wholesaler and out-of-state shipper permittee prices 2808
3184+shall be given to permittee purchasers by direct mail, Internet web site 2809
3185+or advertising in a trade publication having circulation among the retail 2810
3186+permittees except a wholesaler permittee may give such notice by hand 2811
3187+delivery. Price postings with the department setting forth wholesale 2812
3188+prices to retailers shall be available for inspection during regular 2813
3189+business hours at the offices of the department by manufacturers and 2814
3190+wholesalers until three o'clock p.m. of the first business day after the last 2815
3191+day for posting prices. A manufacturer or wholesaler may amend such 2816
3192+manufacturer's or wholesaler's posted price for any month to meet a 2817
3193+lower price posted by another manufacturer or wholesaler with respect 2818
3194+to alcoholic liquor bearing the same brand or trade name and of like age, 2819
3195+vintage, quality and unit container size; provided that any such 2820
3196+amended price posting shall be filed before three o'clock p.m. of the 2821
3197+fourth business day after the last day for posting prices; and provided 2822
3198+further such amended posting shall not set forth prices lower than those 2823
3199+being met. Any manufacturer or wholesaler posting an amended price 2824
3200+shall, at the time of posting, identify in writing the specific posting being 2825
3201+met. On and after July 1, 2005, all wholesaler postings, other than for 2826
3202+beer, for the following month shall be provided to retail permittees not 2827
3203+later than the twenty-seventh day of the month prior to such posting. 2828
3204+All wholesaler postings for beer shall be provided to retail permittees 2829
3205+not later than the twentieth day of the month prior to such posting. 2830 Substitute Bill No. 5150
3206+
3207+
3208+LCO 92 of 94
3209+
3210+(d) Monthly price schedules on a family brand case shall contain the 2831
3211+bottle price for each item contained in the family brand case, the unit 2832
3212+price and the case price. The bottle price posted for a family brand case 2833
3213+shall be equal to the bottle price posted for the same month in a case 2834
3214+containing the one class and specific brand of alcoholic liquor. For 2835
3215+purposes of this subsection, "family brand" means a group of different 2836
3216+products belonging to a single brand that are marketed under a parent 2837
3217+brand. Family brand cases shall be assembled and packaged by the 2838
3218+supplier or by a third party, on behalf of the supplier, and shall not be 2839
3219+assembled by the wholesaler. 2840
3220+(e) The provisions of this section shall not apply to the sale or 2841
3221+distribution of infused beverages, as defined in section 21a-420, as 2842
3222+amended by this act. 2843
3223+Sec. 31. (NEW) (Effective July 1, 2024) (a) For the purposes of this 2844
3224+section, "infused beverage" has the same meaning as provided in section 2845
3225+21a-420 of the general statutes, as amended by this act. 2846
3226+(b) A fee of fifty cents shall be assessed by the holder of a wholesaler 2847
3227+permit or a wholesaler permit for beer issued under section 30-17 of the 2848
3228+general statutes on each infused beverage container sold to the holder 2849
3229+of a package store permit issued under subsection (b) of section 30-20 of 2850
3230+the general statutes, as amended by this act. Such fee shall not be subject 2851
3231+to any sales tax or treated as income pursuant to any provision of the 2852
3232+general statutes. 2853
3233+(c) On January 2, 2025, and every six months thereafter, each holder 2854
3234+of a wholesaler permit or a wholesaler permit for beer issued under 2855
3235+section 30-17 of the general statutes shall remit payment to the 2856
3236+department for each infused beverage container sold during the 2857
3237+preceding six-month period. The funds received by the department 2858
3238+from infused beverage sales shall be deposited in the consumer 2859
3239+protection enforcement account established in section 21a-8a of the 2860
3240+general statutes, as amended by this act, for the purposes of (1) 2861
3241+protecting public health and safety, (2) educating consumers and 2862 Substitute Bill No. 5150
3242+
3243+
3244+LCO 93 of 94
3245+
3246+licensees, and (3) ensuring compliance with cannabis and liquor control 2863
3247+laws. 2864
3248+This act shall take effect as follows and shall amend the following
3249+sections:
3250+
3251+Section 1 July 1, 2024 21a-8a(a)
3252+Sec. 2 July 1, 2024 21a-240
3253+Sec. 3 July 1, 2024 21a-408
3254+Sec. 4 July 1, 2024 New section
3255+Sec. 5 July 1, 2024 21a-420
3256+Sec. 6 July 1, 2024 New section
3257+Sec. 7 July 1, 2024 New section
3258+Sec. 8 July 1, 2024 New section
3259+Sec. 9 July 1, 2024 New section
3260+Sec. 10 July 1, 2024 New section
3261+Sec. 11 July 1, 2024 21a-420c
3262+Sec. 12 July 1, 2024 21a-420d(i) to (k)
3263+Sec. 13 July 1, 2024 21a-420e(c)
3264+Sec. 14 July 1, 2024 21a-420g(b)
3265+Sec. 15 July 1, 2024 21a-420m(b)
3266+Sec. 16 July 1, 2024 21a-420o
3267+Sec. 17 July 1, 2024 21a-420p
3268+Sec. 18 July 1, 2024 21a-420u(b)
3269+Sec. 19 July 1, 2024 21a-420v
3270+Sec. 20 July 1, 2024 21a-420w(d)
3271+Sec. 21 July 1, 2024 21a-420x(d)
3272+Sec. 22 July 1, 2024 21a-420y
3273+Sec. 23 July 1, 2024 21a-420z(b) to (d)
3274+Sec. 24 July 1, 2024 21a-421j(b)
3275+Sec. 25 July 1, 2024 21a-421l(b)
3276+Sec. 26 July 1, 2024 21a-421bb(b)
3277+Sec. 27 July 1, 2024 22-61m
3278+Sec. 28 July 1, 2024 22-61n(c)
3279+Sec. 29 July 1, 2024 30-20(b)
3280+Sec. 30 July 1, 2024 30-63
3281+Sec. 31 July 1, 2024 New section
3282+
3283+
3284+GL Joint Favorable Subst. Substitute Bill No. 5150
3285+
3286+
3287+LCO 94 of 94
3288+
3289+FIN Joint Favorable
35093290