LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-R01-
HB.docx
1 of 30
General Assembly Substitute Bill No. 5235
February Session, 2024
AN ACT CONCERNING THE DEPARTMENT OF CONSUMER
PROTECTION'S RECOMMENDATIONS REGARDING CANNABIS
REGULATION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 21a-240 of the 2024 supplement to the general 1
statutes is repealed and the following is substituted in lieu thereof 2
(Effective from passage): 3
The following words and phrases, as used in this chapter, shall have 4
the following meanings, unless the context otherwise requires: 5
(1) "Abuse of drugs" means the use of controlled substances solely for 6
their stimulant, depressant or hallucinogenic effect upon the higher 7
functions of the central nervous system and not as a therapeutic agent 8
prescribed in the course of medical treatment or in a program of 9
research operated under the direction of a physician or pharmacologist. 10
(2) "Administer" means the direct application of a controlled 11
substance, whether by injection, inhalation, ingestion or any other 12
means, to the body of a patient or research subject by: (A) A practitioner, 13
or, in the practitioner's presence, by the practitioner's authorized agent; 14
[, or] (B) the patient or research subject at the direction and in the 15
presence of the practitioner; [,] or (C) a nurse or intern under the 16 Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
2 of 30
direction and supervision of a practitioner. 17
(3) "Agent" means an authorized person who acts on behalf of or at 18
the direction of a manufacturer, distributor, dispenser or prescribing 19
practitioner, but does not include a common or contract carrier, public 20
warehouseman [,] or employee of the carrier or warehouseman. 21
(4) "Amphetamine-type substances" include amphetamine, optical 22
isomers thereof, salts of amphetamine and its isomers, and chemical 23
compounds which are similar thereto in chemical structure or which are 24
similar thereto in physiological effect, and which show a like potential 25
for abuse, which are controlled substances under this chapter unless 26
modified. 27
(5) "Barbiturate-type drugs" include barbituric acid and its salts, 28
derivatives thereof and chemical compounds which are similar thereto 29
in chemical structure or which are similar thereto in physiological effect, 30
and which show a like potential for abuse, which are controlled 31
substances under this chapter unless modified. 32
(6) "Bureau" means the Bureau of Narcotics and Dangerous Drugs, 33
United States Department of Justice, or its successor agency. 34
(7) "Cannabis-type substances" include all parts of any plant, or 35
species of the genus cannabis or any infra specific taxon thereof whether 36
growing or not; the seeds thereof; the resin extracted from any part of 37
such a plant; and every compound, manufacture, salt, derivative, 38
mixture or preparation of such plant, its seeds or resin; but shall not 39
include the mature stalks of such plant, fiber produced from such stalks, 40
oil or cake made from the seeds of such plant, any other compound, 41
manufacture, salt, derivative, mixture or preparation of such mature 42
stalks, except the resin extracted therefrom, fiber, oil or cake, the 43
sterilized seed of such plant which is incapable of germination, or hemp, 44
as defined in 7 USC 1639o, as amended from time to time. Included are 45
cannabinon, cannabinol, cannabidiol and chemical compounds which 46
are similar to cannabinon, cannabinol or cannabidiol in chemical 47 Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
3 of 30
structure or which are similar thereto in physiological effect, and which 48
show a like potential for abuse, which are controlled substances under 49
this chapter unless derived from hemp, as defined in section 22-61l. 50
(8) "Controlled drugs" are those drugs which contain any quantity of 51
a substance which has been designated as subject to the federal 52
Controlled Substances Act, or which has been designated as a 53
depressant or stimulant drug pursuant to federal food and drug laws, 54
or which has been designated by the Commissioner of Consumer 55
Protection pursuant to section 21a-243, as amended by this act, as 56
having a stimulant, depressant or hallucinogenic effect upon the higher 57
functions of the central nervous system and as having a tendency to 58
promote abuse or psychological or physiological dependence, or both. 59
Such controlled drugs are classifiable as amphetamine -type, 60
barbiturate-type, cannabis-type, cocaine-type, hallucinogenic, 61
morphine-type and other stimulant and depressant drugs. Specifically 62
excluded from controlled drugs and controlled substances are alcohol, 63
nicotine and caffeine. 64
(9) "Controlled substance" means a drug, substance [,] or immediate 65
precursor in schedules I to V, inclusive, of the Connecticut controlled 66
substance scheduling regulations adopted pursuant to section 21a-243, 67
as amended by this act. 68
(10) "Counterfeit substance" means a controlled substance which, or 69
the container or labeling of which, without authorization, bears the 70
trademark, trade name or other identifying mark, imprint, number or 71
device, or any likeness thereof, of a manufacturer, distributor or 72
dispenser other than the person who in fact manufactured, distributed 73
or dispensed the substance. 74
(11) "Deliver or delivery" means the actual, constructive or attempted 75
transfer from one person to another of a controlled substance, whether 76
or not there is an agency relationship. 77
(12) "Dentist" means a person authorized by law to practice dentistry 78 Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
4 of 30
in this state. 79
(13) "Dispense" means to deliver a controlled substance to an ultimate 80
user or research subject by or pursuant to the lawful order of a 81
practitioner, including the prescribing, administering, packaging, 82
labeling or compounding necessary to prepare the substance for the 83
delivery. 84
(14) "Dispenser" means a practitioner who dispenses. 85
(15) "Distribute" means to deliver other than by administering or 86
dispensing a controlled substance. 87
(16) "Distributor" means a person who distributes and includes a 88
wholesaler who is a person supplying or distributing controlled drugs 89
which the person personally has not produced or prepared to hospitals, 90
clinics, practitioners, pharmacies, other wholesalers, manufacturers and 91
federal, state and municipal agencies. 92
(17) "Drug" means: (A) [substances] Substances recognized as drugs 93
in the official United States Pharmacopoeia, official Homeopathic 94
Pharmacopoeia of the United States, or official National Formulary, or 95
any supplement to any of them; (B) substances intended for use in the 96
diagnosis, cure, mitigation, treatment or prevention of disease in man 97
or animals; (C) substances, other than food, intended to affect the 98
structure or any function of the body of man or animals; and (D) 99
substances intended for use as a component of any article specified in 100
subparagraph (A), (B) or (C) of this subdivision. [It] "Drug" does not 101
include devices or their components, parts or accessories. 102
(18) "Drug dependence" means a psychoactive substance dependence 103
on drugs as that condition is defined in the most recent edition of the 104
"Diagnostic and Statistical Manual of Mental Disorders" of the American 105
Psychiatric Association. 106
(19) "Drug-dependent person" means a person who has a 107
psychoactive substance dependence on drugs as that condition is 108 Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
5 of 30
defined in the most recent edition of the "Diagnostic and Statistical 109
Manual of Mental Disorders" of the American Psychiatric Association. 110
(20) (A) "Drug paraphernalia" means equipment, products and 111
materials of any kind that are used, intended for use or designed for use 112
in planting, propagating, cultivating, growing, harvesting, 113
manufacturing, compounding, converting, producing, processing, 114
preparing, testing, analyzing, packaging, repackaging, storing, 115
containing or concealing, or ingesting, inhaling or otherwise 116
introducing into the human body, any controlled substance contrary to 117
the provisions of this chapter, including, but not limited to: (i) Kits 118
intended for use or designed for use in planting, propagating, 119
cultivating, growing or harvesting of any species of plant that is a 120
controlled substance or from which a controlled substance can be 121
derived; (ii) kits used, intended for use or designed for use in 122
manufacturing, compounding, converting, producing, processing or 123
preparing controlled substances; (iii) isomerization devices used or 124
intended for use in increasing the potency of any species of plant that is 125
a controlled substance; (iv) testing equipment used, intended for use or 126
designed for use in identifying or analyzing the strength, effectiveness 127
or purity of controlled substances; (v) dilutents and adulterants, 128
including, but not limited to, quinine hydrochloride, mannitol, mannite, 129
dextrose and lactose used, intended for use or designed for use in 130
cutting controlled substances; (vi) separation gins and sifters used, 131
intended for use or designed for use in removing twigs and seeds from, 132
or in otherwise cleaning or refining, marijuana; (vii) capsules and other 133
containers used, intended for use or designed for use in packaging small 134
quantities of controlled substances; (viii) containers and other objects 135
used, intended for use or designed for use in storing or concealing 136
controlled substances; and (ix) objects used, intended for use or 137
designed for use in ingesting, inhaling, or otherwise introducing 138
marijuana, cocaine, hashish [,] or hashish oil into the human body, 139
including, but not limited to, wooden, acrylic, glass, stone, plastic or 140
ceramic pipes with screens, permanent screens, hashish heads or 141
punctured metal bowls; water pipes; carburetion tubes and devices; 142 Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
6 of 30
smoking and carburetion masks; roach clips; miniature cocaine spoons 143
and cocaine vials; chamber pipes; carburetor pipes; electric pipes; air-144
driven pipes; chillums; bongs; ice pipes and chillers. "Drug 145
paraphernalia" does not include a product used by a manufacturer 146
licensed pursuant to this chapter for the activities permitted under the 147
license or by an individual to test any substance prior to injection, 148
inhalation or ingestion of the substance to prevent accidental overdose 149
by injection, inhalation or ingestion of the substance, provided the 150
licensed manufacturer or individual is not using the product to engage 151
in the unlicensed manufacturing or distribution of controlled 152
substances. As used in this subdivision, "roach clip" means an object 153
used to hold burning material, including, but not limited to, a marijuana 154
cigarette, that has become too small or too short to be held between the 155
fingers. 156
(B) "Factory" means any place used for the manufacturing, mixing, 157
compounding, refining, processing, packaging, distributing, storing, 158
keeping, holding, administering or assembling illegal substances 159
contrary to the provisions of this chapter, or any building, rooms or 160
location which contains equipment or paraphernalia used for this 161
purpose. 162
(21) "Federal Controlled Substances Act, 21 USC 801 et seq." means 163
Public Law 91-513, the Comprehensive Drug Abuse Prevention and 164
Control Act of 1970. 165
(22) "Federal food and drug laws" means the federal Food, Drug and 166
Cosmetic Act, as amended, Title 21 USC 301 et seq. 167
(23) "Hallucinogenic substances" are psychodysleptic substances, 168
other than cannabis-type substances, which assert a confusional or 169
disorganizing effect upon mental processes or behavior and mimic 170
acute psychotic disturbances. Exemplary of such drugs are mescaline, 171
peyote, psilocyn and d-lysergic acid diethylamide, which are controlled 172
substances under this chapter unless modified. 173 Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
7 of 30
(24) "Hospital", as used in sections 21a-243 to 21a-283, inclusive, as 174
amended by this act, means an institution for the care and treatment of 175
the sick and injured, approved by the Department of Public Health or 176
the Department of Mental Health and Addiction Services as proper to 177
be entrusted with the custody of controlled drugs and substances and 178
professional use of controlled drugs and substances under the direction 179
of a licensed practitioner. 180
(25) "Intern" means a person who holds a degree of doctor of 181
medicine or doctor of dental surgery or medicine and whose period of 182
service has been recorded with the Department of Public Health and 183
who has been accepted and is participating in training by a hospital or 184
institution in this state. Doctors meeting the foregoing requirements and 185
commonly designated as "residents" and "fellows" shall be regarded as 186
interns for purposes of this chapter. 187
(26) "Immediate precursor" means a substance which the 188
Commissioner of Consumer Protection has found to be, and by 189
regulation designates as being, the principal compound commonly used 190
or produced primarily for use, and which is an immediate chemical 191
intermediary used or likely to be used, in the manufacture of a 192
controlled substance, the control of which is necessary to prevent, curtail 193
or limit manufacture. 194
(27) "Laboratory" means a laboratory approved by the Department of 195
Consumer Protection as proper to be entrusted with the custody of 196
controlled substances and the use of controlled substances for scientific 197
and medical purposes and for purposes of instruction, research or 198
analysis. 199
(28) "Manufacture" means the production, preparation, cultivation, 200
growing, propagation, compounding, conversion or processing of a 201
controlled substance, either directly or indirectly by extraction from 202
substances of natural origin, or independently by means of chemical 203
synthesis, or by a combination of extraction and chemical synthesis, and 204
includes any packaging or repackaging of the substance or labeling or 205 Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
8 of 30
relabeling of its container, except that this term does not include the 206
preparation or compounding of a controlled substance by an individual 207
for the individual's own use or the preparation, compounding, 208
packaging or labeling of a controlled substance: (A) By a practitioner as 209
an incident to the practitioner administering or dispensing of a 210
controlled substance in the course of such practitioner's professional 211
practice; [,] or (B) by a practitioner, or by the practitioner's authorized 212
agent under such practitioner's supervision, for the purpose of, or as an 213
incident to, research, teaching or chemical analysis and not for sale. 214
(29) "Marijuana" means all parts of any plant, or species of the genus 215
cannabis or any infra specific taxon thereof, whether growing or not; 216
[the seeds thereof;] the resin extracted from any part of the plant; every 217
compound, manufacture, salt, derivative, mixture [,] or preparation of 218
such plant, or its [seeds or] resin; [,] any high-THC hemp product; 219
manufactured cannabinoids; [, synthetic cannabinoids, except as 220
provided in subparagraph (E) of this subdivision;] or cannabinon, 221
cannabinol or cannabidiol and chemical compounds which are similar 222
to cannabinon, cannabinol or cannabidiol in chemical structure or which 223
are similar thereto in physiological effect, which are controlled 224
substances under this chapter, except cannabidiol derived from hemp, 225
as defined in section 22-61l, that is not a high-THC hemp product. 226
"Marijuana" does not include: (A) The mature stalks of such plant, fiber 227
produced from such stalks, oil or cake made from the seeds of such 228
plant, any other compound, manufacture, salt, derivative, mixture or 229
preparation of such mature stalks, except the resin extracted from such 230
mature stalks or fiber, oil or cake; (B) the sterilized seed of such plant 231
which is incapable of germination; (C) hemp, as defined in section 22-232
61l, (i) with a total THC concentration of not more than three-tenths per 233
cent on a dry-weight basis, and (ii) that is not a high-THC hemp product; 234
or (D) any substance approved by the federal Food and Drug 235
Administration or successor agency as a drug and reclassified in any 236
schedule of controlled substances or unscheduled by the federal Drug 237
Enforcement Administration or successor agency which is included in 238
the same schedule designated by the federal Drug Enforcement 239 Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
9 of 30
Administration or successor agency. [; or (E) synthetic cannabinoids 240
which are controlled substances that are designated by the 241
Commissioner of Consumer Protection, by whatever official, common, 242
usual, chemical or trade name designation, as controlled substances and 243
are classified in the appropriate schedule in accordance with 244
subsections (i) and (j) of section 21a-243.] 245
(30) "Narcotic substance" means any of the following, whether 246
produced directly or indirectly by extraction from a substance of 247
vegetable origin, or independently by means of chemical synthesis, or 248
by a combination of extraction and chemical synthesis: (A) Morphine-249
type: (i) Opium or opiate, or any salt, compound, derivative, or 250
preparation of opium or opiate which is similar to any such substance 251
in chemical structure or which is similar to any such substance in 252
physiological effect and which shows a like potential for abuse, which 253
is a controlled substance under this chapter unless modified; (ii) any 254
salt, compound, isomer, derivative, or preparation of any such 255
substance which is chemically equivalent or identical to any substance 256
referred to in clause (i) of this [subdivision] subparagraph, but not 257
including the isoquinoline alkaloids of opium; (iii) opium poppy or 258
poppy straw; or (iv) (I) fentanyl or any salt, compound, derivative or 259
preparation of fentanyl which is similar to any such substance in 260
chemical structure or which is similar to any such substance in 261
physiological effect and which shows a like potential for abuse, which 262
is a controlled substance under this chapter unless modified, or (II) any 263
salt, compound, isomer, derivative or preparation of any such substance 264
which is chemically equivalent or identical to any substance referred to 265
in subclause (I) of this clause; or (B) cocaine-type; coca leaves or any salt, 266
compound, derivative or preparation of coca leaves, or any salt, 267
compound, isomer, derivatives or preparation of any such substance 268
which is chemically equivalent or identical to any such substance or 269
which is similar to any such substance in physiological effect and which 270
shows a like potential for abuse, but not including decocainized coca 271
leaves or extractions of coca leaves which do not contain cocaine or 272
ecgonine. 273 Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
10 of 30
(31) "Nurse" means a person performing nursing as defined in section 274
20-87a. 275
(32) "Official written order" means an order for controlled substances 276
written on a form provided by the bureau for that purpose under the 277
federal Controlled Substances Act. 278
(33) "Opiate" means any substance having an addiction-forming or 279
addiction-sustaining liability similar to morphine or being capable of 280
conversion into a drug having addiction-forming or addiction-281
sustaining liability; it does not include, unless specifically designated as 282
controlled under this chapter, the dextrorotatory isomer of 3-methoxy-283
n-methylmorthinan and its salts (dextro-methorphan) but shall include 284
its racemic and levorotatory forms. 285
(34) "Opium poppy" means the plant of the species papaver 286
somniferum l., except its seed. 287
(35) Repealed by P.A. 99-102, S. 51. 288
(36) "Other stimulant and depressant drugs" means controlled 289
substances other than amphetamine-type, barbiturate-type, cannabis-290
type, cocaine-type, hallucinogenics and morphine-type which are found 291
to exert a stimulant and depressant effect upon the higher functions of 292
the central nervous system and which are found to have a potential for 293
abuse and are controlled substances under this chapter. 294
(37) "Person" includes any corporation, limited liability company, 295
association or partnership, or one or more individuals, government or 296
governmental subdivisions or agency, business trust, estate, trust, or 297
any other legal entity. Words importing the plural number may include 298
the singular; words importing the masculine gender may be applied to 299
females. 300
(38) "Pharmacist" means a person authorized by law to practice 301
pharmacy pursuant to section 20-590, 20-591, 20-592 or 20-593. 302 Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
11 of 30
(39) "Pharmacy" means an establishment licensed pursuant to section 303
20-594. 304
(40) "Physician" means a person authorized by law to practice 305
medicine in this state pursuant to section 20-9. 306
(41) "Podiatrist" means a person authorized by law to practice 307
podiatry in this state. 308
(42) "Poppy straw" means all parts, except the seeds, of the opium 309
poppy, after mowing. 310
(43) "Practitioner" means: (A) A physician, dentist, veterinarian, 311
podiatrist, scientific investigator or other person licensed, registered or 312
otherwise permitted to distribute, dispense, conduct research with 313
respect to or to administer a controlled substance in the course of 314
professional practice or research in this state; and (B) a pharmacy, 315
hospital or other institution licensed, registered or otherwise permitted 316
to distribute, dispense, conduct research with respect to or to administer 317
a controlled substance in the course of professional practice or research 318
in this state. 319
(44) "Prescribe" means order or designate a remedy or any 320
preparation containing controlled substances. 321
(45) "Prescription" means a written, oral or electronic order for any 322
controlled substance or preparation from a licensed practitioner to a 323
pharmacist for a patient. 324
(46) "Production" includes the manufacture, planting, cultivation, 325
growing or harvesting of a controlled substance. 326
(47) "Registrant" means any person licensed by this state and 327
assigned a current federal Bureau of Narcotics and Dangerous Drug 328
Registry Number as provided under the federal Controlled Substances 329
Act. 330 Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
12 of 30
(48) "Registry number" means the alphabetical or numerical 331
designation of identification assigned to a person by the federal Drug 332
Enforcement Administration, or other federal agency, which is 333
commonly known as the federal registry number. 334
(49) "Restricted drugs or substances" are the following substances 335
without limitation and for all purposes: Datura stramonium; 336
hyoscyamus niger; atropa belladonna, or the alkaloids atropine; 337
hyoscyamine; belladonnine; apatropine; or any mixture of these 338
alkaloids such as daturine, or the synthetic homatropine or any salts of 339
these alkaloids, except that any drug or preparation containing any of 340
the above-mentioned substances which is permitted by federal food and 341
drug laws to be sold or dispensed without a prescription or written 342
order shall not be a controlled substance; amyl nitrite; the following 343
volatile substances to the extent that said chemical substances or 344
compounds containing said chemical substances are sold, prescribed, 345
dispensed, compounded, possessed or controlled or delivered or 346
administered to another person with the purpose that said chemical 347
substances shall be breathed, inhaled, sniffed or drunk to induce a 348
stimulant, depressant or hallucinogenic effect upon the higher functions 349
of the central nervous system: Acetone; benzene; butyl alcohol; butyl 350
nitrate and its salts, isomers, esters, ethers or their salts; cyclohexanone; 351
dichlorodifluoromethane; ether; ethyl acetate; formaldehyde; hexane; 352
isopropanol; methanol; methyl cellosolve acetate; methyl ethyl ketone; 353
methyl isobutyl ketone; nitrous oxide; pentochlorophenol; toluene; 354
toluol; trichloroethane; trichloroethylene; 1,4 butanediol. 355
(50) "Sale" is any form of delivery which includes barter, exchange or 356
gift, or offer therefor, and each such transaction made by any person 357
whether as principal, proprietor, agent, servant or employee. 358
(51) "State", when applied to a part of the United States, includes any 359
state, district, commonwealth, territory or insular possession thereof, 360
and any area subject to the legal authority of the United States of 361
America. 362 Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
13 of 30
(52) "State food, drug and cosmetic laws" means the Uniform Food, 363
Drug and Cosmetic Act, section 21a-91 et seq. 364
(53) "Ultimate user" means a person who lawfully possesses a 365
controlled substance for the person's own use or for the use of a member 366
of such person's household or for administering to an animal owned by 367
such person or by a member of such person's household. 368
(54) "Veterinarian" means a person authorized by law to practice 369
veterinary medicine in this state. 370
(55) "Wholesaler" means a distributor or a person who supplies 371
controlled substances that the person personally has not produced or 372
prepared to registrants. 373
(56) "Reasonable times" means the time or times any office, care-374
giving institution, pharmacy, clinic, wholesaler, manufacturer, 375
laboratory, warehouse, establishment, store or place of business, vehicle 376
or other place is open for the normal affairs or business or the practice 377
activities usually conducted by the registrant. 378
(57) "Unit dose drug distribution system" means a drug distribution 379
system used in a hospital or chronic and convalescent nursing home in 380
which drugs are supplied in individually labeled unit of use packages, 381
each patient's supply of drugs is exchanged between the hospital 382
pharmacy and the drug administration area or, in the case of a chronic 383
and convalescent nursing home between a pharmacy and the drug 384
administration area, at least once each twenty-four hours and each 385
patient's medication supply for this period is stored within a patient-386
specific container, all of which is conducted under the direction of a 387
pharmacist licensed in Connecticut and, in the case of a hospital, directly 388
involved in the provision and supervision of pharmaceutical services at 389
such hospital at least thirty-five hours each week. 390
(58) "Cocaine in a free-base form" means any substance which 391
contains cocaine, or any compound, isomer, derivative or preparation 392
thereof, in a nonsalt form. 393 Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
14 of 30
(59) "THC" means tetrahydrocannabinol, including, but not limited 394
to, delta-7, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol 395
and delta-10-tetrahydrocannabinol, and any material, compound, 396
mixture or preparation which contain their salts, isomers and salts of 397
isomers, whenever the existence of such salts, isomers and salts of 398
isomers is possible within the specific chemical designation, regardless 399
of the source, except: (A) Dronabinol substituted in sesame oil and 400
encapsulated in a soft gelatin capsule in a federal Food and Drug 401
Administration or successor agency approved product; [,] or (B) any 402
tetrahydrocannabinol product that has been approved by the federal 403
Food and Drug Administration or successor agency to have a medical 404
use and reclassified in any schedule of controlled substances or 405
unscheduled by the federal Drug Enforcement Administration or 406
successor agency. 407
(60) "Total THC" means the sum of the percentage by weight of 408
tetrahydrocannabinolic acid, multiplied by eight hundred seventy-409
seven-thousandths, plus the percentage of weight of THC. 410
(61) "Manufactured cannabinoid" means cannabinoids [naturally 411
occurring from a source other than marijuana that are similar in 412
chemical structure or physiological effect to cannabinoids derived from 413
marijuana, as defined in section 21a-243, but are derived by a chemical 414
or biological process] created by converting one cannabinoid directly to 415
a different cannabinoid through: (A) Application of light or heat; (B) 416
decarboxylation of naturally occurring acidic forms of cannabinoids; 417
and (C) an alternate extraction or conversion process approved by the 418
Department of Consumer Protection and published on the department's 419
Internet web site. 420
(62) "Synthetic cannabinoid": [means] (A) Means any [material, 421
compound, mixture or preparation which contains any quantity of a 422
substance having a psychotropic response primarily by agonist activity 423
at cannabinoid-specific receptors affecting the central nervous system 424
that is produced artificially and not derived from an organic source 425
naturally containing cannabinoids, unless listed in another schedule 426 Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
15 of 30
pursuant to section 21a-243] substance converted by a chemical process 427
to create a cannabinoid or cannabinoid-like substance that (i) has 428
structural features which allow interaction with at least one of the 429
known cannabinoid-specific receptors, or (ii) has any physiological or 430
psychotropic response on at least one cannabinoid-specific receptor; and 431
(B) excludes any cannabinoid that is (i) naturally produced, or (ii) 432
manufactured through (I) application of light or heat, or (II) 433
decarboxylation of naturally occurring acidic forms of cannabinoids. 434
(63) "High-THC hemp product" means a manufacturer hemp 435
product, as defined in section 22-61l, that has, or is advertised, labeled 436
or offered for sale as having, total THC that exceeds: (A) [for] For a hemp 437
edible, hemp topical or hemp transdermal patch (i) one milligram on a 438
per-serving basis, or (ii) five milligrams on a per-container basis; [,] (B) 439
for a hemp tincture, including, but not limited to, oil intended for 440
ingestion by swallowing, buccal administration or sublingual 441
absorption, (i) one milligram on a per-serving basis, or (ii) twenty-five 442
milligrams on a per-container basis; [,] (C) for a hemp concentrate or 443
extract, including, but not limited to, a vape oil, wax or shatter, twenty-444
five milligrams on a per-container basis; [,] or (D) for a manufacturer 445
hemp product not described in subparagraph (A), (B) or (C) of this 446
subdivision, (i) one milligram on a per-serving basis, (ii) five milligrams 447
on a per-container basis, or (iii) three-tenths per cent on a dry-weight 448
basis for cannabis flower or cannabis trim. 449
Sec. 2. Subsection (j) of section 21a-243 of the general statutes is 450
repealed and the following is substituted in lieu thereof (Effective from 451
passage): 452
(j) Notwithstanding the provisions of subsection (c) of this section, 453
the Commissioner of Consumer Protection shall designate the following 454
substances, by whatever official, common, usual, chemical or trade 455
name designation, as controlled substances in schedule I of the 456
controlled substances scheduling regulations: 457
(1) Mephedrone (4-methylmethcathinone); [and] 458 Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
16 of 30
(2) Synthetic cannabinoids; and 459
[(2)] (3) MDPV (3,4-methyenedioxypyrovalerone). 460
Sec. 3. Subparagraph (N) of subdivision (5) of subsection (b) of section 461
21a-421j of the 2024 supplement to the general statutes is repealed and 462
the following is substituted in lieu thereof (Effective from passage): 463
(N) A requirement that, prior to being sold and transferred to a 464
consumer, qualifying patient or caregiver, cannabis packaging be 465
clearly labeled, whether printed directly on such packaging or affixed 466
by way of a separate label, other than an extended content label, with: 467
(i) A unique identifier generated by a cannabis analytic tracking 468
system maintained by the department and used to track cannabis under 469
the policies and procedures issued, and final regulations adopted, by 470
the commissioner pursuant to this section; and 471
(ii) The following information concerning the cannabis contained in 472
such packaging, which shall be in legible English, black lettering, Times 473
New Roman font, flat regular typeface, on a contrasting background 474
and in uniform size of not less than one-tenth of one inch, based on a 475
capital letter "K", which information shall also be available on the 476
Internet web site of the cannabis establishment that sells and transfers 477
such cannabis: 478
(I) The name of such cannabis, as registered with the department 479
under the policies and procedures issued, and final regulations adopted, 480
by the commissioner pursuant to this section. 481
(II) The expiration date, which shall not account for any refrigeration 482
after such cannabis is sold and transferred to the consumer, qualifying 483
patient or caregiver. 484
(III) The net weight or volume, expressed in metric and imperial 485
units. 486 Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
17 of 30
(IV) The standardized serving size, expressed in customary units, and 487
the number of servings included in such packaging, if applicable. 488
(V) Directions for use and storage. 489
(VI) Each active ingredient comprising at least one per cent of such 490
cannabis, including cannabinoids, isomers, esters, ethers and salts and 491
salts of isomers, esters and ethers, and all quantities thereof expressed 492
in metric units and as a percentage of volume. 493
(VII) A list of all known allergens, as identified by the federal Food 494
and Drug Administration, contained in such cannabis, or the denotation 495
"no known FDA identified allergens" if such cannabis does not contain 496
any allergen identified by the federal Food and Drug Administration. 497
(VIII) The following warning statement within, and outlined by, a red 498
box: 499
"This product is not FDA-approved, may be intoxicating, cause long-500
term physical and mental health problems, and have delayed side 501
effects. It is illegal to operate a vehicle or machinery under the influence 502
of cannabis. Keep away from children." 503
(IX) At least one of the following warning statements, rotated 504
quarterly on an alternating basis: 505
"Warning: Frequent and prolonged use of cannabis can contribute to 506
mental health problems over time, including anxiety, depression, 507
stunted brain development and impaired memory." 508
"Warning: Consumption while pregnant or breastfeeding may be 509
harmful." 510
"Warning: Cannabis has intoxicating effects and may be habit-511
forming and addictive." 512
"Warning: Consuming more than the recommended amount may 513
result in adverse effects requiring medical attention.". 514 Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
18 of 30
(X) All information necessary to comply with labeling requirements 515
imposed under the laws of this state [or] and federal law, including, but 516
not limited to, sections 21a-91 to 21a-120, inclusive, and 21a-151 to 21a-517
159, inclusive, the Federal Food, Drug and Cosmetic Act, 21 USC 301 et 518
seq., as amended from time to time, and the federal Fair Packaging and 519
Labeling Act, 15 USC 1451 et seq., as amended from time to time, for 520
similar products that do not contain cannabis. 521
(XI) Such additional warning labels for certain cannabis products as 522
the commissioner may require and post on the department's Internet 523
web site. 524
Sec. 4. Section 21a-421aa of the general statutes is repealed and the 525
following is substituted in lieu thereof (Effective from passage): 526
(a) No cannabis retailer or hybrid retailer shall accept payment or 527
other form of compensation directly or indirectly from a cultivator, 528
micro-cultivator, producer, food and beverage manufacturer, product 529
manufacturer or product packager to carry a cannabis product or for 530
placement or promotion of such product in a retailer or hybrid retailer's 531
establishment or through other promotional initiatives. No retailer or 532
hybrid retailer shall enter into a contract with a cultivator, micro-533
cultivator, producer, food and beverage manufacturer, product 534
manufacturer or product packager that requires or permits preferential 535
treatment, exclusivity or near exclusivity or limits a retailer or hybrid 536
retailer from purchasing from other cultivators, micro-cultivators, 537
producers, food and beverage manufacturers or product manufacturers 538
in any way. 539
(b) No cannabis establishment shall produce, manufacture or sell 540
cannabis that is intended for use or consumption by animals. 541
(c) A retailer or hybrid retailer shall not knowingly sell to a consumer 542
more than one ounce of cannabis or the equivalent amount of cannabis 543
products or combination of cannabis and cannabis products, as set forth 544
in subsection (i) of section 21a-279a, per day, except that a hybrid retailer 545 Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
19 of 30
or dispensary facility may sell up to five ounces of cannabis or the 546
equivalent amount of cannabis products or combination of cannabis and 547
cannabis products to a qualifying patient or caregiver per day. 548
Notwithstanding the requirements of sections 4-168 to 4-172, inclusive, 549
to avoid cannabis supply shortages or address a public health and safety 550
concern, the commissioner may set temporary lower per-transaction 551
limits, which shall be published on the department's Internet web site. 552
Such limits shall become ineffective upon the commissioner's 553
determination that a supply shortage or public health and safety 554
concern no longer exists. 555
(d) No cannabis establishment, except a producer, cultivator or 556
micro-cultivator, may acquire or possess a live cannabis plant. 557
(e) No person issued a license or registration pursuant to RERACA 558
shall (1) assign or transfer such license or registration without the 559
commissioner's prior approval, or (2) sell, transfer or transport cannabis 560
to, or obtain cannabis from, a location outside of this state if such activity 561
would be in violation of federal law. 562
(f) Synthetic cannabinoids, as defined in section 21a-240, as amended 563
by this act, are prohibited in cannabis, and no synthetic cannabinoid 564
may be sold at any cannabis establishment. 565
Sec. 5. Subsection (a) of section 21a-421dd of the general statutes is 566
repealed and the following is substituted in lieu thereof (Effective from 567
passage): 568
(a) No member of the Social Equity Council and no employee of the 569
Social Equity Council or department who carries out the licensing, 570
inspection, investigation, enforcement or policy decisions authorized by 571
[RERACA] this chapter, and any regulations enacted pursuant thereto, 572
may, directly or indirectly, have any management or financial interest 573
in the cultivation, manufacture, sale, transportation, delivery or testing 574
of cannabis in this state, nor receive any commission or profit from nor 575
have any financial interest in purchases or sales made by [persons] 576 Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
20 of 30
cannabis establishments that are licensed pursuant to this chapter and 577
authorized to make such purchases or sales pursuant to [RERACA] such 578
license. No provision of this section shall prevent any such member or 579
employee from purchasing and keeping in his or her possession, for his 580
or her personal use or the use of such member's or employee's family or 581
guests, any cannabis which may be purchased or kept by any person by 582
virtue of [RERACA] this chapter. 583
Sec. 6. Section 22-61m of the 2024 supplement to the general statutes 584
is repealed and the following is substituted in lieu thereof (Effective from 585
passage): 586
(a) No person shall manufacture in the state without a license to 587
manufacture issued by the Commissioner of Consumer Protection. 588
(b) Each applicant for a manufacturer license shall submit an 589
application on a form and in a manner prescribed by the Commissioner 590
of Consumer Protection. 591
(c) The following fees shall apply for a license to manufacture: 592
(1) A nonrefundable license application fee of seventy-five dollars; 593
and 594
(2) A nonrefundable licensing fee of three hundred seventy-five 595
dollars for a license to manufacture hemp. 596
(d) A license to manufacture issued by the Commissioner of 597
Consumer Protection pursuant to this section shall expire triennially on 598
June thirtieth. Such licenses shall not be transferable. 599
(e) In accordance with a hearing held pursuant to chapter 54, the 600
Commissioner of Consumer Protection may deny, suspend or revoke a 601
manufacturer license, issue fines of not more than two thousand five 602
hundred dollars per violation and place conditions upon a 603
manufacturer licensee who violates the provisions of this section and 604
any regulation adopted pursuant to this section. 605 Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
21 of 30
(f) (1) Any individual who manufactures in this state without 606
obtaining a license pursuant to this section or who manufactures in this 607
state after such entity's license is suspended or revoked shall be fined 608
two hundred fifty dollars in accordance with the provisions of section 609
51-164n. 610
(2) Any entity who manufactures in this state without obtaining a 611
license pursuant to this section, or who manufactures in this state after 612
having a license suspended, shall be fined not more than two thousand 613
five hundred dollars per violation after a hearing conducted in 614
accordance with the provisions of chapter 54. 615
(g) Nothing in this chapter or any regulations adopted pursuant to 616
this chapter shall be construed to apply to persons licensed pursuant to 617
section 21a-408i nor to require persons licensed pursuant to said section 618
to obtain a license pursuant to this chapter. 619
(h) The Commissioner of Consumer Protection may inspect and shall 620
have access to the buildings, equipment, supplies, vehicles, records, real 621
property and other information of any manufacturer applicant or 622
licensee that the commissioner deems necessary to carry out the 623
commissioner's duties pursuant to this section. 624
(i) (1) Each manufacturer shall follow the protocol in this subsection 625
for disposing of cannabis in the event that any hemp or hemp product 626
is deemed to exceed the prescribed THC concentration, as determined 627
by the Commissioner of Consumer Protection, or a manufacturer 628
licensee in possession of hemp or hemp products who desires to dispose 629
of obsolete, misbranded, excess or otherwise undesired product. Each 630
manufacturer licensee shall be responsible for all costs of disposal of 631
hemp samples and any hemp produced by such licensee that violates 632
the provisions of this section or any regulation adopted pursuant to this 633
section. Any cannabis that exceeds the prescribed THC concentration 634
allowable in hemp or hemp products shall be immediately embargoed 635
by such manufacturer and clearly labeled as adulterated by such 636
licensee and such licensee shall immediately notify both the Department 637 Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
22 of 30
of Consumer Protection and the Department of Agriculture, in writing, 638
of such adulterated product. Such adulterated product shall be 639
destroyed and disposed of by the following method, as determined by 640
the Commissioner of Consumer Protection: 641
(A) Surrender, without compensation, of such hemp or hemp product 642
to the Commissioner of Consumer Protection who shall be responsible 643
for the destruction and disposal of such adulterated product; or 644
(B) By disposal in a manner prescribed by the Commissioner of 645
Consumer Protection. 646
(2) Notwithstanding the provisions of subdivision (1) of this 647
subsection, upon written request of a manufacturer, the Commissioner 648
of Consumer Protection may permit such manufacturer to combine 649
different batches of raw hemp plant material to achieve a THC 650
concentration of 0.3 per cent on a dry weight basis, in lieu of embargo 651
or destruction. 652
(j) The manufacturer or manufacturer's authorized designee 653
disposing of the hemp or hemp products shall maintain and make 654
available to the Commissioner of Consumer Protection a record of each 655
such disposal or destruction of product indicating: 656
(1) The date, time and location of disposal or destruction; 657
(2) The manner of disposal or destruction; 658
(3) The batch or lot information and quantity of hemp or hemp 659
product disposed of or destroyed; and 660
(4) The signatures of the persons disposing of the hemp or hemp 661
products, the authorized representative of the Commissioner of 662
Consumer Protection and any other persons present during the 663
disposal. 664
(k) Any hemp intended to be manufactured by a manufacturer into a 665 Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
23 of 30
manufacturer hemp product shall be tested by an independent testing 666
laboratory located in this state. A manufacturer licensee shall make 667
available samples, in an amount and type determined by the 668
Commissioner of Consumer Protection, of hemp for an independent 669
testing laboratory employee to select random samples. The independent 670
testing laboratory shall test each sample in accordance with the 671
laboratory testing standards established in policies, procedures and 672
regulations adopted by the commissioner pursuant to section 21a-421j, 673
as amended by this act. 674
(l) Once a batch of hemp, intended to be sold as a manufacturer hemp 675
product, has been homogenized for sample testing and eventual 676
packaging and sale, until the independent testing laboratory provides 677
the results from its tests and analysis, the manufacturer shall segregate 678
and withhold from use the entire batch of hemp that is intended for use 679
as a manufacturer hemp product, except the samples that have been 680
removed by the independent testing laboratory for testing. During this 681
period of segregation, the manufacturer licensee shall maintain the 682
hemp batch in a secure, cool and dry location, as prescribed by the 683
Commissioner of Consumer Protection, so as to prevent the hemp from 684
becoming adulterated. Such manufacturer shall not manufacture or sell 685
a manufacturer hemp product prior to the time that the independent 686
testing laboratory completes testing and analysis and provides such 687
results, in writing, to the manufacturer licensee who initiated such 688
testing. 689
(m) An independent testing laboratory shall immediately return or 690
dispose of any hemp or manufacturer hemp product upon the 691
completion of any testing, use or research. If an independent testing 692
laboratory disposes of hemp or manufacturer hemp products, the 693
laboratory shall dispose of such hemp in the following manner, as 694
determined by the Commissioner of Consumer Protection: 695
(1) By surrender, without compensation, of such hemp or 696
manufacturer hemp product to the Commissioner of Consumer 697
Protection who shall be responsible for the destruction and disposal of 698 Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
24 of 30
such hemp or hemp product; or 699
(2) By disposal in a manner prescribed by the Commissioner of 700
Consumer Protection. 701
(n) If a sample does not pass the microbiological, mycotoxin, heavy 702
metal or pesticide chemical residue test, based on the laboratory testing 703
standards established in policies, procedures and regulations adopted 704
by the Commissioner of Consumer Protection pursuant to section 21a-705
421j, as amended by this act, the manufacturer licensee who sent such 706
batch for testing shall: 707
(1) Retest and reanalyze the hemp from which the sample was taken 708
by having an employee from the same laboratory randomly select 709
another sample from the same hemp batch. If the sample used to retest 710
or reanalyze such hemp yields satisfactory results for all testing 711
required under this section, an employee from a different laboratory 712
shall randomly select a different sample from the same hemp batch for 713
testing. If both samples yield satisfactory results for all testing required 714
under this section, the hemp batch from which the samples were taken 715
shall be released for manufacturing, processing and sale; 716
(2) If a remediation plan sufficient to ensure public health and safety 717
is submitted to and approved by the commissioner, remediate the hemp 718
batch from which the sample was taken and have a laboratory employee 719
randomly select a sample from such remediated hemp batch for testing. 720
If such randomly selected sample yields satisfactory results for any 721
testing required under this section, an employee from a different 722
laboratory shall randomly select a different sample from the same hemp 723
batch for testing. If both samples yield satisfactory results for all testing 724
required under this section, the hemp batch from which the samples 725
were taken may be released for manufacturing, processing or sale; or 726
(3) If the manufacturer does not retest or remediate, or if any 727
subsequent laboratory testing does not yield satisfactory results for any 728
testing required under this section, dispose of the entire batch from 729 Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
25 of 30
which the sample was taken in accordance with procedures established 730
by the Commissioner of Consumer Protection pursuant to subdivision 731
(1) of subsection (i) of this section. 732
(o) If a sample passes the microbiological, mycotoxin, heavy metal 733
and pesticide chemical residue test, the independent testing laboratory 734
shall release the entire batch for manufacturing, processing or sale. 735
(p) The independent testing laboratory shall file with the Department 736
of Consumer Protection an electronic copy of each laboratory test result 737
for any batch that does not pass the microbiological, mycotoxin, heavy 738
metal or pesticide chemical residue test, at the same time that it 739
transmits such results to the manufacturer licensee who requested such 740
testing. Each independent testing laboratory shall maintain the test 741
results of each tested batch for a period of three years and shall make 742
such results available to the Department of Consumer Protection upon 743
request. 744
(q) Manufacturers shall maintain records required by the federal act, 745
this section, any regulation adopted pursuant to this section and the 746
policies, procedures and regulations adopted by the Commissioner of 747
Consumer Protection pursuant to section 21a-421j, as amended by this 748
act. Each manufacturer shall make such records available to the 749
Department of Consumer Protection immediately upon request and in 750
electronic format, if available. 751
(r) The Commissioner of Consumer Protection ma y adopt 752
regulations, in accordance with the provisions of chapter 54, to 753
implement the provisions of this section including, but not limited to, 754
establishing sampling and testing procedures to ensure compliance 755
with this section, prescribing storage and disposal procedures for hemp, 756
marijuana and manufacturer hemp products that fail to pass 757
Department of Consumer Protection prescribed independent testing 758
laboratory testing standards and establishing advertising and labeling 759
requirements for manufacturer hemp products. 760 Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
26 of 30
(s) Any claim of health impacts, medical effects or physical or mental 761
benefits shall be prohibited on any advertising for, labeling of or 762
marketing of manufacturer hemp products regardless of whether such 763
manufacturer hemp products were manufactured in this state or 764
another jurisdiction. Any violation of this subsection shall be deemed an 765
unfair or deceptive trade practice under subsection (a) of section 42-766
110b. 767
(t) Not later than February 1, 2020, the Commissioners of Agriculture 768
and Consumer Protection shall submit a report, in accordance with 769
section 11-4a, to the joint standing committee of the general assembly 770
having cognizance of matters relating to the environment on the status 771
of the pilot program, the development of the state plan and any 772
regulations for such pilot program or state plan. Such report shall also 773
include any legislative recommendations, including, but not limited to, 774
any recommendations for requiring the registration of any 775
manufacturer hemp product offered for sale in this state. 776
(u) (1) Any person who sells manufacturer hemp products shall not 777
be required to be licensed, provided such person only engages in: (A) 778
The retail or wholesale sale of manufacturer hemp products in which no 779
further manufacturing of hemp occurs, provided such manufacturer 780
hemp products are acquired from a person authorized to manufacture 781
the manufacturer hemp products under the laws of this state or another 782
state, territory or possession of the United States or another sovereign 783
entity; (B) the acquisition of manufacturer hemp products for the sole 784
purpose of product distribution for resale; and (C) the retail sale of 785
manufacturer hemp products that is authorized under federal or state 786
law. 787
(2) The Commissioner of Consumer Protection or Commissioner of 788
Revenue Services may, pursuant to section 4-182, summarily suspend 789
any credential the Department of Consumer Protection or Department 790
of Revenue Services issued to any person who sells manufacturer hemp 791
products in violation of subdivision (1) of this subsection or subsections 792
(v) to (y), inclusive, of this section. 793 Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
27 of 30
(v) No manufacturer hemp product offered for sale in this state, or to 794
a consumer in this state, shall contain any synthetic cannabinoid, as 795
defined in section 21a-240, as amended by this act. 796
(w) No manufacturer hemp product offered for sale in this state, or 797
to a consumer in this state, shall be packaged, presented or advertised 798
in a manner that is likely to mislead a consumer by incorporating any 799
statement, brand, design, representation, picture, illustration or other 800
depiction that: (1) Bears a reasonable resemblance to trademarked or 801
characteristic packaging of (A) cannabis offered for sale (i) in this state 802
by a cannabis establishment licensed in this state, or (ii) on tribal land 803
by a tribal-credentialed cannabis entity, or (B) a commercially available 804
product other than a cannabis product, as defined in section 21a-420; or 805
(2) implies that the manufacturer hemp product (A) is a cannabis 806
product, as defined in section 21a-420, (B) contains a total THC 807
concentration greater than three-tenths per cent on a dry-weight basis, 808
or (C) is a high-THC hemp product, as defined in section 21a-240, as 809
amended by this act. 810
(x) No manufacturer hemp product that is a food, beverage, oil or 811
other product intended for human ingestion shall be distributed or sold 812
in this state unless such product is contained within a package, or a label 813
is affixed to such package, that includes: 814
(1) A scannable barcode, Internet web site address or quick response 815
code that is linked to the certificate of analysis of the final form product 816
batch by an independent testing laboratory and discloses: 817
(A) The name of such product; 818
(B) The name, address and telephone number of such product's 819
manufacturer, packer and distributor, as applicable; 820
(C) The batch number, which shall match the batch number on such 821
package or label; and 822
(D) The concentration of cannabinoids present in such product, 823 Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
28 of 30
including, but not limited to, total THC and any cannabinoids or active 824
ingredients comprising at least one per cent of such product; 825
(2) The expiration or best by date for such product, if applicable; 826
(3) A clear and conspicuous statement disclosing that: 827
(A) Children, or those who are pregnant or breastfeeding, should 828
avoid using such product prior to consulting with a health care 829
professional concerning such product's safety; 830
(B) Products containing cannabinoids should be kept out of reach of 831
children; and 832
(C) The federal Food and Drug Administration has not evaluated 833
such product for safety or efficacy; and 834
(4) If such product is intended to be inhaled, a clear and conspicuous 835
warning statement disclosing that smoking or vaporizing is hazardous 836
to human health. 837
(y) No manufacturer hemp product that is a topical, soap or cosmetic, 838
as defined in section 21a-92, shall be distributed or sold in this state 839
unless such product is contained within a package, or a label is affixed 840
to such package, that includes: 841
(1) A scannable barcode, Internet web site address or quick response 842
code that is linked to the certificate of analysis of the final form extract 843
or final form product batch by an independent testing laboratory and 844
discloses: 845
(A) The name of such product; 846
(B) The name, address and telephone number of such product's 847
manufacturer, packer and distributor, as applicable; 848
(C) The batch number, which shall match the batch number on such 849
package or label; and 850 Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
29 of 30
(D) The concentration of cannabinoids present in such batch, 851
including, but not limited to, total THC and any marketed cannabinoids; 852
(2) The expiration or best by date for such product, if applicable; and 853
(3) A clear and conspicuous statement disclosing the following: 854
"THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY 855
OR EFFICACY.". 856
(z) Any violation of subsections (u) to (y), inclusive, of this section 857
shall be deemed an unfair or deceptive trade practice under subsection 858
(a) of section 42-110b. 859
(aa) Not later than October 31, 2023, the Department of Emergency 860
Services and Public Protection shall, in consultation with the 861
Department of Consumer Protection, publish a training bulletin to 862
inform local law enforcement agencies and officers regarding the 863
investigation and enforcement standards concerning cannabis and high-864
THC hemp products. 865
(bb) Notwithstanding any provision of the general statutes: (1) CBD 866
that is found in manufacturer hemp products shall not be considered a 867
controlled substance, as defined in section 21a-240, as amended by this 868
act, or legend drug, as defined in section 20-571; and (2) CBD derived 869
from hemp and contained in manufacturer hemp products shall not be 870
considered a controlled substance or adulterant. 871
(cc) Nothing in this section shall be construed to prohibit shipment or 872
transportation through this state of any hemp that is lawfully produced 873
under federal law. 874
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 21a-240
Sec. 2 from passage 21a-243(j)
Sec. 3 from passage 21a-421j(b)(5)(N) Substitute Bill No. 5235
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05235-
R01-HB.docx }
30 of 30
Sec. 4 from passage 21a-421aa
Sec. 5 from passage 21a-421dd(a)
Sec. 6 from passage 22-61m
GL Joint Favorable Subst.