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OLR Bill Analysis
sHB 5235
AN ACT CONCERNING THE DEPARTMENT OF CONSUMER
PROTECTION'S RECOMMENDATIONS REGARDING CANNABIS
REGULATION.
SUMMARY
This bill effectively prohibits “synthetic cannabinoids” by requiring
the Department of Consumer Protection (DCP) to classify it as a
schedule I controlled substance (i.e., a drug with no current accepted
medical use and a high potential for abuse) and removing it from the
statutory definition of “cannabis” and “marijuana.” The bill also
redefines synthetic cannabinoids and prohibits cannabis establishments
(see BACKGROUND) from selling them. Under the bill, synthetic
cannabinoids are prohibited in cannabis.
The bill also redefines (1) “cannabis” and “marijuana” by removing
the plant’s seeds from current law’s definition and (2) “manufactured
cannabinoids” by specifying the process by which they are created
rather than defining them based on their natural structure or the effect
they have.
The bill also makes the following unrelated changes, it:
1. requires cannabis labeling and packaging information to comply
with labeling requirements under both state and federal law,
rather than either;
2. specifies that financial interest is what current law prohibits
certain government individuals with oversight over cannabis
from having; and
3. specifies that state hemp laws do not prohibit hemp that is
lawfully produced under federal law from being shipped or 2024HB-05235-R000102-BA.DOCX
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transported through the state.
The bill also makes various minor, technical, and conforming
changes.
EFFECTIVE DATE: Upon passage
§ 1 — CANNABIS AND MARIJUA NA
The bill narrows the statutory definition of “cannabis” and
“marijuana” by removing from the definition (1) the seeds and (2)
synthetic cannabinoids, including in the exemptions.
Under current law, the terms “cannabis” and “marijuana” have the
same meaning, which is all parts of a plant or species of the genus
cannabis, whether growing or not, and including its seeds and resin; its
compounds, manufactures, salts, derivatives, mixtures, and
preparations; high-THC hemp products, manufactured cannabinoids,
and certain synthetic cannabinoids, except those not included below; or
cannabinon, cannabinol, cannabidiol (CBD), and similar compounds
unless derived from hemp, except CBD derived from hemp.
Cannabis and marijuana do not include the following:
1. a plant’s mature stalks; fiber made from the stalks; oil or cake
made from the seeds; a compound, manufacture, salt, derivative,
mixture, or preparation made from the stalks, except the
extracted resin;
2. sterilized seeds incapable of germination;
3. hemp with a total THC concentration of up to 0.3% on a dry-
weight basis that is not a high-THC product;
4. any substance the federal Food and Drug Administration
approves as a drug and that is reclassified in any controlled
substance schedule, or that the federal Drug Enforcement
Administration unschedules; or
5. synthetic cannabinoids that the DCP commissioner designates as 2024HB-05235-R000102-BA.DOCX
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controlled substances and classifies in the appropriate schedule
through regulations.
§§ 1-2 & 4 — SYNTHETIC CANNABINO IDS
In addition to removing synthetic cannabinoids from the cannabis
and marijuana definition, the bill redefines synthetic cannabinoids by
specifically excluding manufactured cannabinoids (see below) and
making other minor technical changes. It also requires the DCP
commissioner to designate a synthetic cannabinoid as a schedule I drug
under the state Controlled Substances Act’s regulations.
The bill explicitly prohibits synthetic cannabinoids in cannabis and
prohibits cannabis establishments from selling them. Existing law
already prohibits manufactured hemp products (i.e., those intended for
human ingestion, inhalation, absorption, or other internal consumption)
containing synthetic cannabinoids from being offered for sale in
Connecticut or to a Connecticut consumer (CGS § 22-61m(v)).
The bill redefines “synthetic cannabinoid” to mean any substance
converted by a chemical process to create a cannabinoid or cannabinoid-
like substance that has (1) structural features that allow interaction with
at least one of the known cannabinoid-specific receptors or (2) any
physiological or psychotropic response on at least one cannabinoid-
specific receptor. It does not include any cannabinoid that is naturally
produced or manufactured through the application of light or heat or
decarboxylation of naturally occurring acidic forms of cannabinoids
(e.g., manufactured cannabinoids, see below).
Under current law, “synthetic cannabinoid” means any material,
compound, mixture, or preparation containing any quantity of a
substance having a psychotropic response primarily by agonist activity
at cannabinoid-specific receptors affecting the central nervous system
that is produced artificially and not derived from an organic source that
naturally contains cannabinoids, unless listed in another controlled
substance schedule.
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§ 1 — MANUFACTURED CANNAB INOIDS
The bill redefines “manufactured cannabinoids” to specify how they
are created rather than basing the definition on their natural structure
or the effect they have.
Under the bill, “manufactured cannabinoids” mean cannabinoids
created by converting one cannabinoid directly to a different
cannabinoid through (1) the application of light or heat, (2)
decarboxylation of naturally occurring acidic forms of cannabinoids,
and (3) an alternate extraction or conversion process that DCP approves
and publishes on its website.
Under current law, manufactured cannabinoids are cannabinoids
naturally occurring from a source other than marijuana that are similar
in chemical structure or physiological effect to marijuana-derived
cannabinoids, but that are derived by a chemical or biological process.
§ 3 — CANNABIS LABELING
Under current law, the cannabis-related regulations that the DCP
commissioner must adopt must include specified labeling and
packaging requirements that include all information necessary to
comply with labeling requirements imposed under state or federal law.
Under the bill, the DCP requirements must comply with labeling
requirements under both state and federal law, rather than either.
The laws that have specified labeling and packaging requirements
include the state Uniform Food, Drug and Cosmetic Act (CGS §§ 21a-91
to 21a-120); state Bakeries, Food Manufacturing Establishments and
Food Warehouses law (CGS §§ 21a-151 to 21a-159); federal Food, Drug
and Cosmetic Act (21 U.S.C. § 301 et seq.); and federal Fair Packaging
and Labeling Act (15 U.S.C. § 1451 et seq.) for similar products that do
not contain cannabis.
§ 5 — SOCIAL EQUITY COUNC IL FINANCIAL INTERESTS
Under current law, Social Equity Council members and employees
and certain DCP employees with cannabis oversight may not, among
other things, have any interest in purchasing or selling cannabis made 2024HB-05235-R000102-BA.DOCX
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by individuals who are authorized to make them.
The bill (1) specifies that it is financial interest that is prohibited and
(2) limits the prohibition to purchases or sales made by cannabis
establishments rather than by all individuals.
§ 6 — TRANSPORTING HEMP T HROUGH THE STATE
The bill specifies that nothing in the state hemp laws should be
construed to prohibit any hemp shipment or transportation through the
state if the hemp was lawfully produced under federal law.
Federal law explicitly prohibits states from prohibiting hemp or
hemp products produced in keeping with federal law from being
shipped or transported through the state (P.L. 115-334, § 10114(b)).
BACKGROUND
Cannabis Establishment
By law, a “cannabis establishment” is a producer; dispensary facility;
cultivator; micro-cultivator; retailer; hybrid retailer (i.e., licensed to sell
both recreational cannabis and medical marijuana); food and beverage
manufacturer; product manufacturer or packager; delivery service; or
transporter.
Related Bill
sHB 5150, § 27, favorably reported by the General Law Committee,
has a substantially similar provision specifically allowing the transport
of hemp through the state if it was lawfully produced under federal law.
COMMITTEE ACTION
General Law Committee
Joint Favorable Substitute
Yea 22 Nay 0 (03/07/2024)