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OLR Bill Analysis
sHB 5235 (as amended by House “A”)*
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 them 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,” “marijuana,” and “cannabis-
type substances” 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 their effect.
The bill also makes the following unrelated changes, it:
1. expands the types of entities to which a cultivator may sell,
transfer, or transport its cannabis;
2. allows edible cannabis products to be packaged for multiple
servings in a specific manner;
3. requires cannabis labeling and packaging information to comply
with labeling requirements under both state and federal law,
rather than either;
4. specifies that financial interest is what current law prohibits
certain government individuals with oversight over cannabis 2024HB-05235-R01-BA.DOCX
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from having; and
5. specifies that state hemp laws do not prohibit hemp that is
lawfully produced under federal law from being shipped or
transported through the state.
The bill also makes various minor, technical, and conforming
changes.
*House Amendment “A” adds the provisions on cultivators and the
packaging of edibles; makes technical changes to the medical marijuana
laws; and makes other minor, technical, and conforming changes,
including to the definition of several terms.
EFFECTIVE DATE: Upon passage, except the medical marijuana
technical changes (§ 3) are effective October 1, 2024.
§ 1 — CANNABIS, MARIJUANA, AND CANNABIS -TYPE
SUBSTANCES
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; 2024HB-05235-R01-BA.DOCX
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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
controlled substances and classifies in the appropriate schedule
through regulations.
The bill also makes conforming changes to the definition of the term
“cannabis-type substances” by correspondingly deleting references to
seeds.
§§ 1-2 & 6 — 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- 2024HB-05235-R01-BA.DOCX
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specific receptor. It includes hexahydrocannabinol (HHC and HXC) and
hydrox4phc (PHC), but does not include 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.
§ 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” are cannabinoids
created directly by converting one cannabinoid to a different
cannabinoid through (1) the application of light or heat, (2)
decarboxylation of naturally occurring acidic forms of cannabinoids, or
(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 derived by a chemical or biological process.
§ 4 — CULTIVATORS
The bill expands the entities to which a cultivator may sell, transfer,
or transport its cannabis, by allowing a cultivator to do so to all cannabis
establishments (see BACKGROUND), rather than just to dispensary
facilities, hybrid retailers, retailers, food and beverage manufacturers,
product manufacturers, and product packagers, as under current law.
Under existing law, unchanged by the bill, a cultivator may also sell,
transfer, or transport its cannabis to cannabis testing laboratories. 2024HB-05235-R01-BA.DOCX
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§ 5 — EDIBLE CANNABIS PAC KAGING
Current law requires edible cannabis products to be in individually
wrapped packaging. The bill allows these products to be packaged for
multiple servings if each single standardized serving is easily
discernable and is individually wrapped or physically demarked and
delineated.
§ 5 — 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.
§ 7 — 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
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.
§ 8 — 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. 2024HB-05235-R01-BA.DOCX
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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, as amended by House “A”, has substantially similar
provisions redefining certain definitions, allowing multiple serving
edibles, and allowing the transport of lawfully produced hemp through
the state
COMMITTEE ACTION
General Law Committee
Joint Favorable Substitute
Yea 22 Nay 0 (03/07/2024)