Connecticut 2024 Regular Session

Connecticut House Bill HB05235 Compare Versions

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	7	+	General Assembly Substitute Bill No. 5235
	8	+	February Session, 2024
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4		-	Substitute House Bill No. 5235
5		-
6		-	Public Act No. 24-115
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8	13
9	14		AN ACT CONCERNING THE DEPARTMENT OF CONSUMER
10	15		PROTECTION'S RECOMMENDATIONS REGARDING CANNABIS
11	16		REGULATION.
12	17		Be it enacted by the Senate and House of Representatives in General
13	18		Assembly convened:
14	19
15		-	Section 1. Section 21a-240 of the 2024 supplement to the general
16		-	statutes is repealed and the following is substituted in lieu thereof
17		-	(Effective from passage):
18		-	The following words and phrases, as used in this chapter, shall have
19		-	the following meanings, unless the context otherwise requires:
20		-	(1) "Abuse of drugs" means the use of controlled substances solely for
21		-	their stimulant, depressant or hallucinogenic effect upon the higher
22		-	functions of the central nervous system and not as a therapeutic agent
23		-	prescribed in the course of medical treatment or in a program of
24		-	research operated under the direction of a physician or pharmacologist.
25		-	(2) "Administer" means the direct application of a controlled
26		-	substance, whether by injection, inhalation, ingestion or any other
27		-	means, to the body of a patient or research subject by: (A) A practitioner,
28		-	or, in the practitioner's presence, by the practitioner's authorized agent;
29		-	[, or] (B) the patient or research subject at the direction and in the
30		-	presence of the practitioner; [,] or (C) a nurse or intern under the Substitute ~~House~~ Bill No. 5235
	20	+	Section 1. Section 21a-240 of the 2024 supplement to the general 1
	21	+	statutes is repealed and the following is substituted in lieu thereof 2
	22	+	(Effective from passage): 3
	23	+	The following words and phrases, as used in this chapter, shall have 4
	24	+	the following meanings, unless the context otherwise requires: 5
	25	+	(1) "Abuse of drugs" means the use of controlled substances solely for 6
	26	+	their stimulant, depressant or hallucinogenic effect upon the higher 7
	27	+	functions of the central nervous system and not as a therapeutic agent 8
	28	+	prescribed in the course of medical treatment or in a program of 9
	29	+	research operated under the direction of a physician or pharmacologist. 10
	30	+	(2) "Administer" means the direct application of a controlled 11
	31	+	substance, whether by injection, inhalation, ingestion or any other 12
	32	+	means, to the body of a patient or research subject by: (A) A practitioner, 13
	33	+	or, in the practitioner's presence, by the practitioner's authorized agent; 14
	34	+	[, or] (B) the patient or research subject at the direction and in the 15
	35	+	presence of the practitioner; [,] or (C) a nurse or intern under the 16 Substitute Bill No. 5235
31	36
32		-	Public Act No. 24-115 2 of 42
33	37
34		-	direction and supervision of a practitioner.
35		-	(3) "Agent" means an authorized person who acts on behalf of or at
36		-	the direction of a manufacturer, distributor, dispenser or prescribing
37		-	practitioner, but does not include a common or contract carrier, public
38		-	warehouseman [,] or employee of the carrier or warehouseman.
39		-	(4) "Amphetamine-type substances" include amphetamine, optical
40		-	isomers thereof, salts of amphetamine and its isomers, and chemical
41		-	compounds which are similar thereto in chemical structure or which are
42		-	similar thereto in physiological effect, and which show a like potential
43		-	for abuse, which are controlled substances under this chapter unless
44		-	modified.
45		-	(5) "Barbiturate-type drugs" include barbituric acid and its salts,
46		-	derivatives thereof and chemical compounds which are similar thereto
47		-	in chemical structure or which are similar thereto in physiological effect,
48		-	and which show a like potential for abuse, which are controlled
49		-	substances under this chapter unless modified.
50		-	(6) "Bureau" means the Bureau of Narcotics and Dangerous Drugs,
51		-	United States Department of Justice, or its successor agency.
52		-	(7) "Cannabis-type substances" include all parts of any plant, or
53		-	species of the genus cannabis or any infra specific taxon thereof whether
54		-	growing or not; [the seeds thereof;] the resin extracted from any part of
55		-	such a plant; and every compound, manufacture, salt, derivative,
56		-	mixture or preparation of such plant, [its seeds] or its resin; but shall not
57		-	include the mature stalks of such plant, fiber produced from such stalks,
58		-	oil or cake made from the seeds of such plant, any other compound,
59		-	manufacture, salt, derivative, mixture or preparation of such mature
60		-	stalks, except the resin extracted therefrom, fiber, oil or cake, the
61		-	[sterilized] seed of such plant, [which is incapable of germination,] or
62		-	hemp, as defined in 7 USC 1639o, as amended from time to time. Substitute House Bill No. 5235
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63	41
64		-	Public Act No. 24-115 3 of 42
	42	+	direction and supervision of a practitioner. 17
	43	+	(3) "Agent" means an authorized person who acts on behalf of or at 18
	44	+	the direction of a manufacturer, distributor, dispenser or prescribing 19
	45	+	practitioner, but does not include a common or contract carrier, public 20
	46	+	warehouseman [,] or employee of the carrier or warehouseman. 21
	47	+	(4) "Amphetamine-type substances" include amphetamine, optical 22
	48	+	isomers thereof, salts of amphetamine and its isomers, and chemical 23
	49	+	compounds which are similar thereto in chemical structure or which are 24
	50	+	similar thereto in physiological effect, and which show a like potential 25
	51	+	for abuse, which are controlled substances under this chapter unless 26
	52	+	modified. 27
	53	+	(5) "Barbiturate-type drugs" include barbituric acid and its salts, 28
	54	+	derivatives thereof and chemical compounds which are similar thereto 29
	55	+	in chemical structure or which are similar thereto in physiological effect, 30
	56	+	and which show a like potential for abuse, which are controlled 31
	57	+	substances under this chapter unless modified. 32
	58	+	(6) "Bureau" means the Bureau of Narcotics and Dangerous Drugs, 33
	59	+	United States Department of Justice, or its successor agency. 34
	60	+	(7) "Cannabis-type substances" include all parts of any plant, or 35
	61	+	species of the genus cannabis or any infra specific taxon thereof whether 36
	62	+	growing or not; the seeds thereof; the resin extracted from any part of 37
	63	+	such a plant; and every compound, manufacture, salt, derivative, 38
	64	+	mixture or preparation of such plant, its seeds or resin; but shall not 39
	65	+	include the mature stalks of such plant, fiber produced from such stalks, 40
	66	+	oil or cake made from the seeds of such plant, any other compound, 41
	67	+	manufacture, salt, derivative, mixture or preparation of such mature 42
	68	+	stalks, except the resin extracted therefrom, fiber, oil or cake, the 43
	69	+	sterilized seed of such plant which is incapable of germination, or hemp, 44
	70	+	as defined in 7 USC 1639o, as amended from time to time. Included are 45
	71	+	cannabinon, cannabinol, cannabidiol and chemical compounds which 46
	72	+	are similar to cannabinon, cannabinol or cannabidiol in chemical 47 Substitute Bill No. 5235
65	73
66		-	Included are cannabinon, cannabinol, cannabidiol and chemical
67		-	compounds which are similar to cannabinon, cannabinol or cannabidiol
68		-	in chemical structure or which are similar thereto in physiological effect,
69		-	and which show a like potential for abuse, which are controlled
70		-	substances under this chapter unless derived from hemp, as defined in
71		-	section 22-61l.
72		-	(8) "Controlled drugs" are those drugs which contain any quantity of
73		-	a substance which has been designated as subject to the federal
74		-	Controlled Substances Act, or which has been designated as a
75		-	depressant or stimulant drug pursuant to federal food and drug laws,
76		-	or which has been designated by the Commissioner of Consumer
77		-	Protection pursuant to section 21a-243, as amended by this act, as
78		-	having a stimulant, depressant or hallucinogenic effect upon the higher
79		-	functions of the central nervous system and as having a tendency to
80		-	promote abuse or psychological or physiological dependence, or both.
81		-	Such controlled drugs are classifiable as amphetamine -type,
82		-	barbiturate-type, cannabis-type, cocaine-type, hallucinogenic,
83		-	morphine-type and other stimulant and depressant drugs. Specifically
84		-	excluded from controlled drugs and controlled substances are alcohol,
85		-	nicotine and caffeine.
86		-	(9) "Controlled substance" means a drug, substance [,] or immediate
87		-	precursor in schedules I to V, inclusive, of the Connecticut controlled
88		-	substance scheduling regulations adopted pursuant to section 21a-243,
89		-	as amended by this act.
90		-	(10) "Counterfeit substance" means a controlled substance which, or
91		-	the container or labeling of which, without authorization, bears the
92		-	trademark, trade name or other identifying mark, imprint, number or
93		-	device, or any likeness thereof, of a manufacturer, distributor or
94		-	dispenser other than the person who in fact manufactured, distributed
95		-	or dispensed the substance. Substitute House Bill No. 5235
96	74
97		-	Public Act No. 24-115 4 of 42
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99		-	(11) "Deliver or delivery" means the actual, constructive or attempted
100		-	transfer from one person to another of a controlled substance, whether
101		-	or not there is an agency relationship.
102		-	(12) "Dentist" means a person authorized by law to practice dentistry
103		-	in this state.
104		-	(13) "Dispense" means to deliver a controlled substance to an ultimate
105		-	user or research subject by or pursuant to the lawful order of a
106		-	practitioner, including the prescribing, administering, packaging,
107		-	labeling or compounding necessary to prepare the substance for the
108		-	delivery.
109		-	(14) "Dispenser" means a practitioner who dispenses.
110		-	(15) "Distribute" means to deliver other than by administering or
111		-	dispensing a controlled substance.
112		-	(16) "Distributor" means a person who distributes and includes a
113		-	wholesaler who is a person supplying or distributing controlled drugs
114		-	which the person personally has not produced or prepared to hospitals,
115		-	clinics, practitioners, pharmacies, other wholesalers, manufacturers and
116		-	federal, state and municipal agencies.
117		-	(17) "Drug" means: (A) [substances] Substances recognized as drugs
118		-	in the official United States Pharmacopoeia, official Homeopathic
119		-	Pharmacopoeia of the United States, or official National Formulary, or
120		-	any supplement to any of them; (B) substances intended for use in the
121		-	diagnosis, cure, mitigation, treatment or prevention of disease in man
122		-	or animals; (C) substances, other than food, intended to affect the
123		-	structure or any function of the body of man or animals; and (D)
124		-	substances intended for use as a component of any article specified in
125		-	subparagraph (A), (B) or (C) of this subdivision. [It] "Drug" does not
126		-	include devices or their components, parts or accessories. Substitute House Bill No. 5235
	79	+	structure or which are similar thereto in physiological effect, and which 48
	80	+	show a like potential for abuse, which are controlled substances under 49
	81	+	this chapter unless derived from hemp, as defined in section 22-61l. 50
	82	+	(8) "Controlled drugs" are those drugs which contain any quantity of 51
	83	+	a substance which has been designated as subject to the federal 52
	84	+	Controlled Substances Act, or which has been designated as a 53
	85	+	depressant or stimulant drug pursuant to federal food and drug laws, 54
	86	+	or which has been designated by the Commissioner of Consumer 55
	87	+	Protection pursuant to section 21a-243, as amended by this act, as 56
	88	+	having a stimulant, depressant or hallucinogenic effect upon the higher 57
	89	+	functions of the central nervous system and as having a tendency to 58
	90	+	promote abuse or psychological or physiological dependence, or both. 59
	91	+	Such controlled drugs are classifiable as amphetamine -type, 60
	92	+	barbiturate-type, cannabis-type, cocaine-type, hallucinogenic, 61
	93	+	morphine-type and other stimulant and depressant drugs. Specifically 62
	94	+	excluded from controlled drugs and controlled substances are alcohol, 63
	95	+	nicotine and caffeine. 64
	96	+	(9) "Controlled substance" means a drug, substance [,] or immediate 65
	97	+	precursor in schedules I to V, inclusive, of the Connecticut controlled 66
	98	+	substance scheduling regulations adopted pursuant to section 21a-243, 67
	99	+	as amended by this act. 68
	100	+	(10) "Counterfeit substance" means a controlled substance which, or 69
	101	+	the container or labeling of which, without authorization, bears the 70
	102	+	trademark, trade name or other identifying mark, imprint, number or 71
	103	+	device, or any likeness thereof, of a manufacturer, distributor or 72
	104	+	dispenser other than the person who in fact manufactured, distributed 73
	105	+	or dispensed the substance. 74
	106	+	(11) "Deliver or delivery" means the actual, constructive or attempted 75
	107	+	transfer from one person to another of a controlled substance, whether 76
	108	+	or not there is an agency relationship. 77
	109	+	(12) "Dentist" means a person authorized by law to practice dentistry 78 Substitute Bill No. 5235
127	110
128		-	Public Act No. 24-115 5 of 42
129	111
130		-	(18) "Drug dependence" means a psychoactive substance dependence
131		-	on drugs as that condition is defined in the most recent edition of the
132		-	"Diagnostic and Statistical Manual of Mental Disorders" of the American
133		-	Psychiatric Association.
134		-	(19) "Drug-dependent person" means a person who has a
135		-	psychoactive substance dependence on drugs as that condition is
136		-	defined in the most recent edition of the "Diagnostic and Statistical
137		-	Manual of Mental Disorders" of the American Psychiatric Association.
138		-	(20) (A) "Drug paraphernalia" means equipment, products and
139		-	materials of any kind that are used, intended for use or designed for use
140		-	in planting, propagating, cultivating, growing, harvesting,
141		-	manufacturing, compounding, converting, producing, processing,
142		-	preparing, testing, analyzing, packaging, repackaging, storing,
143		-	containing or concealing, or ingesting, inhaling or otherwise
144		-	introducing into the human body, any controlled substance contrary to
145		-	the provisions of this chapter, including, but not limited to: (i) Kits
146		-	intended for use or designed for use in planting, propagating,
147		-	cultivating, growing or harvesting of any species of plant that is a
148		-	controlled substance or from which a controlled substance can be
149		-	derived; (ii) kits used, intended for use or designed for use in
150		-	manufacturing, compounding, converting, producing, processing or
151		-	preparing controlled substances; (iii) isomerization devices used or
152		-	intended for use in increasing the potency of any species of plant that is
153		-	a controlled substance; (iv) testing equipment used, intended for use or
154		-	designed for use in identifying or analyzing the strength, effectiveness
155		-	or purity of controlled substances; (v) dilutents and adulterants,
156		-	including, but not limited to, quinine hydrochloride, mannitol, mannite,
157		-	dextrose and lactose used, intended for use or designed for use in
158		-	cutting controlled substances; (vi) separation gins and sifters used,
159		-	intended for use or designed for use in removing twigs and seeds from,
160		-	or in otherwise cleaning or refining, marijuana; (vii) capsules and other Substitute House Bill No. 5235
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162		-	Public Act No. 24-115 6 of 42
	116	+	in this state. 79
	117	+	(13) "Dispense" means to deliver a controlled substance to an ultimate 80
	118	+	user or research subject by or pursuant to the lawful order of a 81
	119	+	practitioner, including the prescribing, administering, packaging, 82
	120	+	labeling or compounding necessary to prepare the substance for the 83
	121	+	delivery. 84
	122	+	(14) "Dispenser" means a practitioner who dispenses. 85
	123	+	(15) "Distribute" means to deliver other than by administering or 86
	124	+	dispensing a controlled substance. 87
	125	+	(16) "Distributor" means a person who distributes and includes a 88
	126	+	wholesaler who is a person supplying or distributing controlled drugs 89
	127	+	which the person personally has not produced or prepared to hospitals, 90
	128	+	clinics, practitioners, pharmacies, other wholesalers, manufacturers and 91
	129	+	federal, state and municipal agencies. 92
	130	+	(17) "Drug" means: (A) [substances] Substances recognized as drugs 93
	131	+	in the official United States Pharmacopoeia, official Homeopathic 94
	132	+	Pharmacopoeia of the United States, or official National Formulary, or 95
	133	+	any supplement to any of them; (B) substances intended for use in the 96
	134	+	diagnosis, cure, mitigation, treatment or prevention of disease in man 97
	135	+	or animals; (C) substances, other than food, intended to affect the 98
	136	+	structure or any function of the body of man or animals; and (D) 99
	137	+	substances intended for use as a component of any article specified in 100
	138	+	subparagraph (A), (B) or (C) of this subdivision. [It] "Drug" does not 101
	139	+	include devices or their components, parts or accessories. 102
	140	+	(18) "Drug dependence" means a psychoactive substance dependence 103
	141	+	on drugs as that condition is defined in the most recent edition of the 104
	142	+	"Diagnostic and Statistical Manual of Mental Disorders" of the American 105
	143	+	Psychiatric Association. 106
	144	+	(19) "Drug-dependent person" means a person who has a 107
	145	+	psychoactive substance dependence on drugs as that condition is 108 Substitute Bill No. 5235
163	146
164		-	containers used, intended for use or designed for use in packaging small
165		-	quantities of controlled substances; (viii) containers and other objects
166		-	used, intended for use or designed for use in storing or concealing
167		-	controlled substances; and (ix) objects used, intended for use or
168		-	designed for use in ingesting, inhaling, or otherwise introducing
169		-	marijuana, cocaine, hashish [,] or hashish oil into the human body,
170		-	including, but not limited to, wooden, acrylic, glass, stone, plastic or
171		-	ceramic pipes with screens, permanent screens, hashish heads or
172		-	punctured metal bowls; water pipes; carburetion tubes and devices;
173		-	smoking and carburetion masks; roach clips; miniature cocaine spoons
174		-	and cocaine vials; chamber pipes; carburetor pipes; electric pipes; air-
175		-	driven pipes; chillums; bongs; ice pipes and chillers. "Drug
176		-	paraphernalia" does not include a product used by a manufacturer
177		-	licensed pursuant to this chapter for the activities permitted under the
178		-	license or by an individual to test any substance prior to injection,
179		-	inhalation or ingestion of the substance to prevent accidental overdose
180		-	by injection, inhalation or ingestion of the substance, provided the
181		-	licensed manufacturer or individual is not using the product to engage
182		-	in the unlicensed manufacturing or distribution of controlled
183		-	substances. As used in this subdivision, "roach clip" means an object
184		-	used to hold burning material, including, but not limited to, a marijuana
185		-	cigarette, that has become too small or too short to be held between the
186		-	fingers.
187		-	(B) "Factory" means any place used for the manufacturing, mixing,
188		-	compounding, refining, processing, packaging, distributing, storing,
189		-	keeping, holding, administering or assembling illegal substances
190		-	contrary to the provisions of this chapter, or any building, rooms or
191		-	location which contains equipment or paraphernalia used for this
192		-	purpose.
193		-	(21) "Federal Controlled Substances Act, 21 USC 801 et seq." means
194		-	Public Law 91-513, the Comprehensive Drug Abuse Prevention and Substitute House Bill No. 5235
195	147
196		-	Public Act No. 24-115 7 of 42
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197	151
198		-	Control Act of 1970.
199		-	(22) "Federal food and drug laws" means the federal Food, Drug and
200		-	Cosmetic Act, as amended, Title 21 USC 301 et seq.
201		-	(23) "Hallucinogenic substances" are psychodysleptic substances,
202		-	other than cannabis-type substances, which assert a confusional or
203		-	disorganizing effect upon mental processes or behavior and mimic
204		-	acute psychotic disturbances. Exemplary of such drugs are mescaline,
205		-	peyote, psilocyn and d-lysergic acid diethylamide, which are controlled
206		-	substances under this chapter unless modified.
207		-	(24) "Hospital", as used in sections 21a-243 to 21a-283, inclusive, as
208		-	amended by this act, means an institution for the care and treatment of
209		-	the sick and injured, approved by the Department of Public Health or
210		-	the Department of Mental Health and Addiction Services as proper to
211		-	be entrusted with the custody of controlled drugs and substances and
212		-	professional use of controlled drugs and substances under the direction
213		-	of a licensed practitioner.
214		-	(25) "Intern" means a person who holds a degree of doctor of
215		-	medicine or doctor of dental surgery or medicine and whose period of
216		-	service has been recorded with the Department of Public Health and
217		-	who has been accepted and is participating in training by a hospital or
218		-	institution in this state. Doctors meeting the foregoing requirements and
219		-	commonly designated as "residents" and "fellows" shall be regarded as
220		-	interns for purposes of this chapter.
221		-	(26) "Immediate precursor" means a substance which the
222		-	Commissioner of Consumer Protection has found to be, and by
223		-	regulation designates as being, the principal compound commonly used
224		-	or produced primarily for use, and which is an immediate chemical
225		-	intermediary used or likely to be used, in the manufacture of a
226		-	controlled substance, the control of which is necessary to prevent, curtail Substitute House Bill No. 5235
	152	+	defined in the most recent edition of the "Diagnostic and Statistical 109
	153	+	Manual of Mental Disorders" of the American Psychiatric Association. 110
	154	+	(20) (A) "Drug paraphernalia" means equipment, products and 111
	155	+	materials of any kind that are used, intended for use or designed for use 112
	156	+	in planting, propagating, cultivating, growing, harvesting, 113
	157	+	manufacturing, compounding, converting, producing, processing, 114
	158	+	preparing, testing, analyzing, packaging, repackaging, storing, 115
	159	+	containing or concealing, or ingesting, inhaling or otherwise 116
	160	+	introducing into the human body, any controlled substance contrary to 117
	161	+	the provisions of this chapter, including, but not limited to: (i) Kits 118
	162	+	intended for use or designed for use in planting, propagating, 119
	163	+	cultivating, growing or harvesting of any species of plant that is a 120
	164	+	controlled substance or from which a controlled substance can be 121
	165	+	derived; (ii) kits used, intended for use or designed for use in 122
	166	+	manufacturing, compounding, converting, producing, processing or 123
	167	+	preparing controlled substances; (iii) isomerization devices used or 124
	168	+	intended for use in increasing the potency of any species of plant that is 125
	169	+	a controlled substance; (iv) testing equipment used, intended for use or 126
	170	+	designed for use in identifying or analyzing the strength, effectiveness 127
	171	+	or purity of controlled substances; (v) dilutents and adulterants, 128
	172	+	including, but not limited to, quinine hydrochloride, mannitol, mannite, 129
	173	+	dextrose and lactose used, intended for use or designed for use in 130
	174	+	cutting controlled substances; (vi) separation gins and sifters used, 131
	175	+	intended for use or designed for use in removing twigs and seeds from, 132
	176	+	or in otherwise cleaning or refining, marijuana; (vii) capsules and other 133
	177	+	containers used, intended for use or designed for use in packaging small 134
	178	+	quantities of controlled substances; (viii) containers and other objects 135
	179	+	used, intended for use or designed for use in storing or concealing 136
	180	+	controlled substances; and (ix) objects used, intended for use or 137
	181	+	designed for use in ingesting, inhaling, or otherwise introducing 138
	182	+	marijuana, cocaine, hashish [,] or hashish oil into the human body, 139
	183	+	including, but not limited to, wooden, acrylic, glass, stone, plastic or 140
	184	+	ceramic pipes with screens, permanent screens, hashish heads or 141
	185	+	punctured metal bowls; water pipes; carburetion tubes and devices; 142 Substitute Bill No. 5235
227	186
228		-	Public Act No. 24-115 8 of 42
229	187
230		-	or limit manufacture.
231		-	(27) "Laboratory" means a laboratory approved by the Department of
232		-	Consumer Protection as proper to be entrusted with the custody of
233		-	controlled substances and the use of controlled substances for scientific
234		-	and medical purposes and for purposes of instruction, research or
235		-	analysis.
236		-	(28) "Manufacture" means the production, preparation, cultivation,
237		-	growing, propagation, compounding, conversion or processing of a
238		-	controlled substance, either directly or indirectly by extraction from
239		-	substances of natural origin, or independently by means of chemical
240		-	synthesis, or by a combination of extraction and chemical synthesis, and
241		-	includes any packaging or repackaging of the substance or labeling or
242		-	relabeling of its container, except that this term does not include the
243		-	preparation or compounding of a controlled substance by an individual
244		-	for the individual's own use or the preparation, compounding,
245		-	packaging or labeling of a controlled substance: (A) By a practitioner as
246		-	an incident to the practitioner administering or dispensing of a
247		-	controlled substance in the course of such practitioner's professional
248		-	practice; [,] or (B) by a practitioner, or by the practitioner's authorized
249		-	agent under such practitioner's supervision, for the purpose of, or as an
250		-	incident to, research, teaching or chemical analysis and not for sale.
251		-	(29) "Marijuana" means all parts of any plant, or species of the genus
252		-	cannabis or any infra specific taxon thereof, whether growing or not;
253		-	[the seeds thereof;] the resin extracted from any part of the plant; every
254		-	compound, manufacture, salt, derivative, mixture [,] or preparation of
255		-	such plant, or its [seeds or] resin; [,] any high-THC hemp product;
256		-	manufactured cannabinoids; [, synthetic cannabinoids, except as
257		-	provided in subparagraph (E) of this subdivision;] or cannabinon,
258		-	cannabinol or cannabidiol and chemical compounds which are similar
259		-	to cannabinon, cannabinol or cannabidiol in chemical structure or which
260		-	are similar thereto in physiological effect, which are controlled Substitute House Bill No. 5235
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261	191
262		-	Public Act No. 24-115 9 of 42
	192	+	smoking and carburetion masks; roach clips; miniature cocaine spoons 143
	193	+	and cocaine vials; chamber pipes; carburetor pipes; electric pipes; air-144
	194	+	driven pipes; chillums; bongs; ice pipes and chillers. "Drug 145
	195	+	paraphernalia" does not include a product used by a manufacturer 146
	196	+	licensed pursuant to this chapter for the activities permitted under the 147
	197	+	license or by an individual to test any substance prior to injection, 148
	198	+	inhalation or ingestion of the substance to prevent accidental overdose 149
	199	+	by injection, inhalation or ingestion of the substance, provided the 150
	200	+	licensed manufacturer or individual is not using the product to engage 151
	201	+	in the unlicensed manufacturing or distribution of controlled 152
	202	+	substances. As used in this subdivision, "roach clip" means an object 153
	203	+	used to hold burning material, including, but not limited to, a marijuana 154
	204	+	cigarette, that has become too small or too short to be held between the 155
	205	+	fingers. 156
	206	+	(B) "Factory" means any place used for the manufacturing, mixing, 157
	207	+	compounding, refining, processing, packaging, distributing, storing, 158
	208	+	keeping, holding, administering or assembling illegal substances 159
	209	+	contrary to the provisions of this chapter, or any building, rooms or 160
	210	+	location which contains equipment or paraphernalia used for this 161
	211	+	purpose. 162
	212	+	(21) "Federal Controlled Substances Act, 21 USC 801 et seq." means 163
	213	+	Public Law 91-513, the Comprehensive Drug Abuse Prevention and 164
	214	+	Control Act of 1970. 165
	215	+	(22) "Federal food and drug laws" means the federal Food, Drug and 166
	216	+	Cosmetic Act, as amended, Title 21 USC 301 et seq. 167
	217	+	(23) "Hallucinogenic substances" are psychodysleptic substances, 168
	218	+	other than cannabis-type substances, which assert a confusional or 169
	219	+	disorganizing effect upon mental processes or behavior and mimic 170
	220	+	acute psychotic disturbances. Exemplary of such drugs are mescaline, 171
	221	+	peyote, psilocyn and d-lysergic acid diethylamide, which are controlled 172
	222	+	substances under this chapter unless modified. 173 Substitute Bill No. 5235
263	223
264		-	substances under this chapter, except cannabidiol derived from hemp,
265		-	as defined in section 22-61l, that is not a high-THC hemp product.
266		-	"Marijuana" does not include: (A) The mature stalks of such plant, fiber
267		-	produced from such stalks, oil or cake made from the seeds of such
268		-	plant, any other compound, manufacture, salt, derivative, mixture or
269		-	preparation of such mature stalks, except the resin extracted from such
270		-	mature stalks or fiber, oil or cake; (B) the [sterilized] seed of such plant;
271		-	[which is incapable of germination;] (C) hemp, as defined in section 22-
272		-	61l, (i) with a total THC concentration of not more than three-tenths per
273		-	cent on a dry-weight basis, and (ii) that is not a high-THC hemp product;
274		-	or (D) any substance approved by the federal Food and Drug
275		-	Administration or successor agency as a drug and reclassified in any
276		-	schedule of controlled substances or unscheduled by the federal Drug
277		-	Enforcement Administration or successor agency which is included in
278		-	the same schedule designated by the federal Drug Enforcement
279		-	Administration or successor agency. [; or (E) synthetic cannabinoids
280		-	which are controlled substances that are designated by the
281		-	Commissioner of Consumer Protection, by whatever official, common,
282		-	usual, chemical or trade name designation, as controlled substances and
283		-	are classified in the appropriate schedule in accordance with
284		-	subsections (i) and (j) of section 21a-243.]
285		-	(30) "Narcotic substance" means any of the following, whether
286		-	produced directly or indirectly by extraction from a substance of
287		-	vegetable origin, or independently by means of chemical synthesis, or
288		-	by a combination of extraction and chemical synthesis: (A) Morphine-
289		-	type: (i) Opium or opiate, or any salt, compound, derivative, or
290		-	preparation of opium or opiate which is similar to any such substance
291		-	in chemical structure or which is similar to any such substance in
292		-	physiological effect and which shows a like potential for abuse, which
293		-	is a controlled substance under this chapter unless modified; (ii) any
294		-	salt, compound, isomer, derivative, or preparation of any such
295		-	substance which is chemically equivalent or identical to any substance Substitute House Bill No. 5235
296	224
297		-	Public Act No. 24-115 10 of 42
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298	228
299		-	referred to in clause (i) of this [subdivision] subparagraph, but not
300		-	including the isoquinoline alkaloids of opium; (iii) opium poppy or
301		-	poppy straw; or (iv) (I) fentanyl or any salt, compound, derivative or
302		-	preparation of fentanyl which is similar to any such substance in
303		-	chemical structure or which is similar to any such substance in
304		-	physiological effect and which shows a like potential for abuse, which
305		-	is a controlled substance under this chapter unless modified, or (II) any
306		-	salt, compound, isomer, derivative or preparation of any such substance
307		-	which is chemically equivalent or identical to any substance referred to
308		-	in subclause (I) of this clause; or (B) cocaine-type; coca leaves or any salt,
309		-	compound, derivative or preparation of coca leaves, or any salt,
310		-	compound, isomer, derivatives or preparation of any such substance
311		-	which is chemically equivalent or identical to any such substance or
312		-	which is similar to any such substance in physiological effect and which
313		-	shows a like potential for abuse, but not including decocainized coca
314		-	leaves or extractions of coca leaves which do not contain cocaine or
315		-	ecgonine.
316		-	(31) "Nurse" means a person performing nursing as defined in section
317		-	20-87a.
318		-	(32) "Official written order" means an order for controlled substances
319		-	written on a form provided by the bureau for that purpose under the
320		-	federal Controlled Substances Act.
321		-	(33) "Opiate" means any substance having an addiction-forming or
322		-	addiction-sustaining liability similar to morphine or being capable of
323		-	conversion into a drug having addiction-forming or addiction-
324		-	sustaining liability; it does not include, unless specifically designated as
325		-	controlled under this chapter, the dextrorotatory isomer of 3-methoxy-
326		-	n-methylmorthinan and its salts (dextro-methorphan) but shall include
327		-	its racemic and levorotatory forms.
328		-	(34) "Opium poppy" means the plant of the species papaver Substitute House Bill No. 5235
	229	+	(24) "Hospital", as used in sections 21a-243 to 21a-283, inclusive, as 174
	230	+	amended by this act, means an institution for the care and treatment of 175
	231	+	the sick and injured, approved by the Department of Public Health or 176
	232	+	the Department of Mental Health and Addiction Services as proper to 177
	233	+	be entrusted with the custody of controlled drugs and substances and 178
	234	+	professional use of controlled drugs and substances under the direction 179
	235	+	of a licensed practitioner. 180
	236	+	(25) "Intern" means a person who holds a degree of doctor of 181
	237	+	medicine or doctor of dental surgery or medicine and whose period of 182
	238	+	service has been recorded with the Department of Public Health and 183
	239	+	who has been accepted and is participating in training by a hospital or 184
	240	+	institution in this state. Doctors meeting the foregoing requirements and 185
	241	+	commonly designated as "residents" and "fellows" shall be regarded as 186
	242	+	interns for purposes of this chapter. 187
	243	+	(26) "Immediate precursor" means a substance which the 188
	244	+	Commissioner of Consumer Protection has found to be, and by 189
	245	+	regulation designates as being, the principal compound commonly used 190
	246	+	or produced primarily for use, and which is an immediate chemical 191
	247	+	intermediary used or likely to be used, in the manufacture of a 192
	248	+	controlled substance, the control of which is necessary to prevent, curtail 193
	249	+	or limit manufacture. 194
	250	+	(27) "Laboratory" means a laboratory approved by the Department of 195
	251	+	Consumer Protection as proper to be entrusted with the custody of 196
	252	+	controlled substances and the use of controlled substances for scientific 197
	253	+	and medical purposes and for purposes of instruction, research or 198
	254	+	analysis. 199
	255	+	(28) "Manufacture" means the production, preparation, cultivation, 200
	256	+	growing, propagation, compounding, conversion or processing of a 201
	257	+	controlled substance, either directly or indirectly by extraction from 202
	258	+	substances of natural origin, or independently by means of chemical 203
	259	+	synthesis, or by a combination of extraction and chemical synthesis, and 204
	260	+	includes any packaging or repackaging of the substance or labeling or 205 Substitute Bill No. 5235
329	261
330		-	Public Act No. 24-115 11 of 42
331	262
332		-	somniferum l., except its seed.
333		-	(35) Repealed by P.A. 99-102, S. 51.
334		-	(36) "Other stimulant and depressant drugs" means controlled
335		-	substances other than amphetamine-type, barbiturate-type, cannabis-
336		-	type, cocaine-type, hallucinogenics and morphine-type which are found
337		-	to exert a stimulant and depressant effect upon the higher functions of
338		-	the central nervous system and which are found to have a potential for
339		-	abuse and are controlled substances under this chapter.
340		-	(37) "Person" includes any corporation, limited liability company,
341		-	association or partnership, or one or more individuals, government or
342		-	governmental subdivisions or agency, business trust, estate, trust, or
343		-	any other legal entity. Words importing the plural number may include
344		-	the singular; words importing the masculine gender may be applied to
345		-	females.
346		-	(38) "Pharmacist" means a person authorized by law to practice
347		-	pharmacy pursuant to section 20-590, 20-591, 20-592 or 20-593.
348		-	(39) "Pharmacy" means an establishment licensed pursuant to section
349		-	20-594.
350		-	(40) "Physician" means a person authorized by law to practice
351		-	medicine in this state pursuant to section 20-9.
352		-	(41) "Podiatrist" means a person authorized by law to practice
353		-	podiatry in this state.
354		-	(42) "Poppy straw" means all parts, except the seeds, of the opium
355		-	poppy, after mowing.
356		-	(43) "Practitioner" means: (A) A physician, dentist, veterinarian,
357		-	podiatrist, scientific investigator or other person licensed, registered or
358		-	otherwise permitted to distribute, dispense, conduct research with Substitute House Bill No. 5235
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359	266
360		-	Public Act No. 24-115 12 of 42
	267	+	relabeling of its container, except that this term does not include the 206
	268	+	preparation or compounding of a controlled substance by an individual 207
	269	+	for the individual's own use or the preparation, compounding, 208
	270	+	packaging or labeling of a controlled substance: (A) By a practitioner as 209
	271	+	an incident to the practitioner administering or dispensing of a 210
	272	+	controlled substance in the course of such practitioner's professional 211
	273	+	practice; [,] or (B) by a practitioner, or by the practitioner's authorized 212
	274	+	agent under such practitioner's supervision, for the purpose of, or as an 213
	275	+	incident to, research, teaching or chemical analysis and not for sale. 214
	276	+	(29) "Marijuana" means all parts of any plant, or species of the genus 215
	277	+	cannabis or any infra specific taxon thereof, whether growing or not; 216
	278	+	[the seeds thereof;] the resin extracted from any part of the plant; every 217
	279	+	compound, manufacture, salt, derivative, mixture [,] or preparation of 218
	280	+	such plant, or its [seeds or] resin; [,] any high-THC hemp product; 219
	281	+	manufactured cannabinoids; [, synthetic cannabinoids, except as 220
	282	+	provided in subparagraph (E) of this subdivision;] or cannabinon, 221
	283	+	cannabinol or cannabidiol and chemical compounds which are similar 222
	284	+	to cannabinon, cannabinol or cannabidiol in chemical structure or which 223
	285	+	are similar thereto in physiological effect, which are controlled 224
	286	+	substances under this chapter, except cannabidiol derived from hemp, 225
	287	+	as defined in section 22-61l, that is not a high-THC hemp product. 226
	288	+	"Marijuana" does not include: (A) The mature stalks of such plant, fiber 227
	289	+	produced from such stalks, oil or cake made from the seeds of such 228
	290	+	plant, any other compound, manufacture, salt, derivative, mixture or 229
	291	+	preparation of such mature stalks, except the resin extracted from such 230
	292	+	mature stalks or fiber, oil or cake; (B) the sterilized seed of such plant 231
	293	+	which is incapable of germination; (C) hemp, as defined in section 22-232
	294	+	61l, (i) with a total THC concentration of not more than three-tenths per 233
	295	+	cent on a dry-weight basis, and (ii) that is not a high-THC hemp product; 234
	296	+	or (D) any substance approved by the federal Food and Drug 235
	297	+	Administration or successor agency as a drug and reclassified in any 236
	298	+	schedule of controlled substances or unscheduled by the federal Drug 237
	299	+	Enforcement Administration or successor agency which is included in 238
	300	+	the same schedule designated by the federal Drug Enforcement 239 Substitute Bill No. 5235
361	301
362		-	respect to or to administer a controlled substance in the course of
363		-	professional practice or research in this state; and (B) a pharmacy,
364		-	hospital or other institution licensed, registered or otherwise permitted
365		-	to distribute, dispense, conduct research with respect to or to administer
366		-	a controlled substance in the course of professional practice or research
367		-	in this state.
368		-	(44) "Prescribe" means order or designate a remedy or any
369		-	preparation containing controlled substances.
370		-	(45) "Prescription" means a written, oral or electronic order for any
371		-	controlled substance or preparation from a licensed practitioner to a
372		-	pharmacist for a patient.
373		-	(46) "Production" includes the manufacture, planting, cultivation,
374		-	growing or harvesting of a controlled substance.
375		-	(47) "Registrant" means any person licensed by this state and
376		-	assigned a current federal Bureau of Narcotics and Dangerous Drug
377		-	Registry Number as provided under the federal Controlled Substances
378		-	Act.
379		-	(48) "Registry number" means the alphabetical or numerical
380		-	designation of identification assigned to a person by the federal Drug
381		-	Enforcement Administration, or other federal agency, which is
382		-	commonly known as the federal registry number.
383		-	(49) "Restricted drugs or substances" are the following substances
384		-	without limitation and for all purposes: Datura stramonium;
385		-	hyoscyamus niger; atropa belladonna, or the alkaloids atropine;
386		-	hyoscyamine; belladonnine; apatropine; or any mixture of these
387		-	alkaloids such as daturine, or the synthetic homatropine or any salts of
388		-	these alkaloids, except that any drug or preparation containing any of
389		-	the above-mentioned substances which is permitted by federal food and
390		-	drug laws to be sold or dispensed without a prescription or written Substitute House Bill No. 5235
391	302
392		-	Public Act No. 24-115 13 of 42
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393	306
394		-	order shall not be a controlled substance; amyl nitrite; the following
395		-	volatile substances to the extent that said chemical substances or
396		-	compounds containing said chemical substances are sold, prescribed,
397		-	dispensed, compounded, possessed or controlled or delivered or
398		-	administered to another person with the purpose that said chemical
399		-	substances shall be breathed, inhaled, sniffed or drunk to induce a
400		-	stimulant, depressant or hallucinogenic effect upon the higher functions
401		-	of the central nervous system: Acetone; benzene; butyl alcohol; butyl
402		-	nitrate and its salts, isomers, esters, ethers or their salts; cyclohexanone;
403		-	dichlorodifluoromethane; ether; ethyl acetate; formaldehyde; hexane;
404		-	isopropanol; methanol; methyl cellosolve acetate; methyl ethyl ketone;
405		-	methyl isobutyl ketone; nitrous oxide; pentochlorophenol; toluene;
406		-	toluol; trichloroethane; trichloroethylene; 1,4 butanediol.
407		-	(50) "Sale" is any form of delivery which includes barter, exchange or
408		-	gift, or offer therefor, and each such transaction made by any person
409		-	whether as principal, proprietor, agent, servant or employee.
410		-	(51) "State", when applied to a part of the United States, includes any
411		-	state, district, commonwealth, territory or insular possession thereof,
412		-	and any area subject to the legal authority of the United States of
413		-	America.
414		-	(52) "State food, drug and cosmetic laws" means the Uniform Food,
415		-	Drug and Cosmetic Act, section 21a-91 et seq.
416		-	(53) "Ultimate user" means a person who lawfully possesses a
417		-	controlled substance for the person's own use or for the use of a member
418		-	of such person's household or for administering to an animal owned by
419		-	such person or by a member of such person's household.
420		-	(54) "Veterinarian" means a person authorized by law to practice
421		-	veterinary medicine in this state.
422		-	(55) "Wholesaler" means a distributor or a person who supplies Substitute House Bill No. 5235
	307	+	Administration or successor agency. [; or (E) synthetic cannabinoids 240
	308	+	which are controlled substances that are designated by the 241
	309	+	Commissioner of Consumer Protection, by whatever official, common, 242
	310	+	usual, chemical or trade name designation, as controlled substances and 243
	311	+	are classified in the appropriate schedule in accordance with 244
	312	+	subsections (i) and (j) of section 21a-243.] 245
	313	+	(30) "Narcotic substance" means any of the following, whether 246
	314	+	produced directly or indirectly by extraction from a substance of 247
	315	+	vegetable origin, or independently by means of chemical synthesis, or 248
	316	+	by a combination of extraction and chemical synthesis: (A) Morphine-249
	317	+	type: (i) Opium or opiate, or any salt, compound, derivative, or 250
	318	+	preparation of opium or opiate which is similar to any such substance 251
	319	+	in chemical structure or which is similar to any such substance in 252
	320	+	physiological effect and which shows a like potential for abuse, which 253
	321	+	is a controlled substance under this chapter unless modified; (ii) any 254
	322	+	salt, compound, isomer, derivative, or preparation of any such 255
	323	+	substance which is chemically equivalent or identical to any substance 256
	324	+	referred to in clause (i) of this [subdivision] subparagraph, but not 257
	325	+	including the isoquinoline alkaloids of opium; (iii) opium poppy or 258
	326	+	poppy straw; or (iv) (I) fentanyl or any salt, compound, derivative or 259
	327	+	preparation of fentanyl which is similar to any such substance in 260
	328	+	chemical structure or which is similar to any such substance in 261
	329	+	physiological effect and which shows a like potential for abuse, which 262
	330	+	is a controlled substance under this chapter unless modified, or (II) any 263
	331	+	salt, compound, isomer, derivative or preparation of any such substance 264
	332	+	which is chemically equivalent or identical to any substance referred to 265
	333	+	in subclause (I) of this clause; or (B) cocaine-type; coca leaves or any salt, 266
	334	+	compound, derivative or preparation of coca leaves, or any salt, 267
	335	+	compound, isomer, derivatives or preparation of any such substance 268
	336	+	which is chemically equivalent or identical to any such substance or 269
	337	+	which is similar to any such substance in physiological effect and which 270
	338	+	shows a like potential for abuse, but not including decocainized coca 271
	339	+	leaves or extractions of coca leaves which do not contain cocaine or 272
	340	+	ecgonine. 273 Substitute Bill No. 5235
423	341
424		-	Public Act No. 24-115 14 of 42
425	342
426		-	controlled substances that the person personally has not produced or
427		-	prepared to registrants.
428		-	(56) "Reasonable times" means the time or times any office, care-
429		-	giving institution, pharmacy, clinic, wholesaler, manufacturer,
430		-	laboratory, warehouse, establishment, store or place of business, vehicle
431		-	or other place is open for the normal affairs or business or the practice
432		-	activities usually conducted by the registrant.
433		-	(57) "Unit dose drug distribution system" means a drug distribution
434		-	system used in a hospital or chronic and convalescent nursing home in
435		-	which drugs are supplied in individually labeled unit of use packages,
436		-	each patient's supply of drugs is exchanged between the hospital
437		-	pharmacy and the drug administration area or, in the case of a chronic
438		-	and convalescent nursing home between a pharmacy and the drug
439		-	administration area, at least once each twenty-four hours and each
440		-	patient's medication supply for this period is stored within a patient-
441		-	specific container, all of which is conducted under the direction of a
442		-	pharmacist licensed in Connecticut and, in the case of a hospital, directly
443		-	involved in the provision and supervision of pharmaceutical services at
444		-	such hospital at least thirty-five hours each week.
445		-	(58) "Cocaine in a free-base form" means any substance which
446		-	contains cocaine, or any compound, isomer, derivative or preparation
447		-	thereof, in a nonsalt form.
448		-	(59) "THC" means tetrahydrocannabinol, including, but not limited
449		-	to, delta-7, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol
450		-	and delta-10-tetrahydrocannabinol, and any material, compound,
451		-	mixture or preparation which contain their salts, isomers and salts of
452		-	isomers, whenever the existence of such salts, isomers and salts of
453		-	isomers is possible within the specific chemical designation, regardless
454		-	of the source, except: (A) Dronabinol substituted in sesame oil and
455		-	encapsulated in a soft gelatin capsule in a federal Food and Drug Substitute House Bill No. 5235
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457		-	Public Act No. 24-115 15 of 42
	347	+	(31) "Nurse" means a person performing nursing as defined in section 274
	348	+	20-87a. 275
	349	+	(32) "Official written order" means an order for controlled substances 276
	350	+	written on a form provided by the bureau for that purpose under the 277
	351	+	federal Controlled Substances Act. 278
	352	+	(33) "Opiate" means any substance having an addiction-forming or 279
	353	+	addiction-sustaining liability similar to morphine or being capable of 280
	354	+	conversion into a drug having addiction-forming or addiction-281
	355	+	sustaining liability; it does not include, unless specifically designated as 282
	356	+	controlled under this chapter, the dextrorotatory isomer of 3-methoxy-283
	357	+	n-methylmorthinan and its salts (dextro-methorphan) but shall include 284
	358	+	its racemic and levorotatory forms. 285
	359	+	(34) "Opium poppy" means the plant of the species papaver 286
	360	+	somniferum l., except its seed. 287
	361	+	(35) Repealed by P.A. 99-102, S. 51. 288
	362	+	(36) "Other stimulant and depressant drugs" means controlled 289
	363	+	substances other than amphetamine-type, barbiturate-type, cannabis-290
	364	+	type, cocaine-type, hallucinogenics and morphine-type which are found 291
	365	+	to exert a stimulant and depressant effect upon the higher functions of 292
	366	+	the central nervous system and which are found to have a potential for 293
	367	+	abuse and are controlled substances under this chapter. 294
	368	+	(37) "Person" includes any corporation, limited liability company, 295
	369	+	association or partnership, or one or more individuals, government or 296
	370	+	governmental subdivisions or agency, business trust, estate, trust, or 297
	371	+	any other legal entity. Words importing the plural number may include 298
	372	+	the singular; words importing the masculine gender may be applied to 299
	373	+	females. 300
	374	+	(38) "Pharmacist" means a person authorized by law to practice 301
	375	+	pharmacy pursuant to section 20-590, 20-591, 20-592 or 20-593. 302 Substitute Bill No. 5235
458	376
459		-	Administration or successor agency approved product; [,] or (B) any
460		-	tetrahydrocannabinol product that has been approved by the federal
461		-	Food and Drug Administration or successor agency to have a medical
462		-	use and reclassified in any schedule of controlled substances or
463		-	unscheduled by the federal Drug Enforcement Administration or
464		-	successor agency.
465		-	(60) "Total THC" means the sum of the percentage by weight of
466		-	tetrahydrocannabinolic acid, multiplied by eight hundred seventy-
467		-	seven-thousandths, plus the percentage of weight of THC.
468		-	(61) "Manufactured cannabinoid" means cannabinoids [naturally
469		-	occurring from a source other than marijuana that are similar in
470		-	chemical structure or physiological effect to cannabinoids derived from
471		-	marijuana, as defined in section 21a-243, but are derived by a chemical
472		-	or biological process] created by directly converting one cannabinoid to
473		-	a different cannabinoid through: (A) Application of light or heat; (B)
474		-	decarboxylation of naturally occurring acidic forms of cannabinoids; or
475		-	(C) an alternate extraction or conversion process approved by the
476		-	Department of Consumer Protection and published on the department's
477		-	Internet web site.
478		-	(62) "Synthetic cannabinoid" (A) means any [material, compound,
479		-	mixture or preparation which contains any quantity of a substance
480		-	having a psychotropic response primarily by agonist activity at
481		-	cannabinoid-specific receptors affecting the central nervous system that
482		-	is produced artificially and not derived from an organic source naturally
483		-	containing cannabinoids, unless listed in another schedule pursuant to
484		-	section 21a-243] substance converted, by a chemical process, to create a
485		-	cannabinoid or cannabinoid-like substance that (i) has structural
486		-	features which allow interaction with at least one of the known
487		-	cannabinoid-specific receptors, or (ii) has any physiological or
488		-	psychotropic response on at least one cannabinoid-specific receptor, (B)
489		-	includes, but is not limited to, hexahydrocannabinol (HHC and HXC) Substitute House Bill No. 5235
490	377
491		-	Public Act No. 24-115 16 of 42
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492	381
493		-	~~and hydrox4phc~~ (~~PHC), and (C~~) ~~does not include any manufactured~~
494		-	~~cannabinoid~~.
495		-	(63) "~~High-THC hemp product~~" means a ~~manufac turer hemp~~
496		-	~~product, as defined~~ in section ~~22-61l,~~ ~~that has, or is advertised, labeled~~
497		-	~~or offered for sale as having, total THC that exceeds:~~ (A) ~~[for] For~~ a ~~hemp~~
498		-	~~edible, hemp topical or hemp transdermal patch (i) one milligram on a~~
499		-	~~per-serving basis~~, ~~or (ii) five milligrams on a per-container~~ ~~basis; [,] (B)~~
500		-	~~for a hemp tincture~~, ~~including, but not limited to, oil intended for~~
501		-	~~ingestion by swallowing~~, ~~buccal administration or sublingual~~
502		-	~~absorption~~, ~~(i) one milligram on a per-serving basis,~~ or ~~(ii) twenty-five~~
503		-	~~milligrams on a per-container~~ ~~basis; [,] (C) for a hemp concentrate or~~
504		-	~~extract, including, but not limited~~ to, a ~~vape oil,~~ ~~wax or shatter,~~ ~~twenty-~~
505		-	~~five milligrams on~~ a ~~per-container basis;~~ ~~[,] or (D) for a manufacturer~~
506		-	~~hemp product not described in subparagraph (A), (B)~~ or ~~(C) of this~~
507		-	~~subdivision~~, ~~(i) one milligram on a per-serving basis~~, ~~(ii) five milligrams~~
508		-	on a ~~per-container basis,~~ or ~~(iii) three-tenths~~ ~~per cent on a dry-weight~~
509		-	~~basis for cannabis flower or cannabis trim~~.
510		-	~~Sec. 2. Subsection~~ (j) ~~of section 21a-243~~ ~~of the general statutes is~~
511		-	~~repealed and the following is substituted in lieu thereof (Effective from~~
512		-	~~passage~~):
513		-	~~(j) Notwithstanding the provisions of subsection (c) of this section,~~
514		-	~~the Commissioner of Consumer Protection shall designate the following~~
515		-	~~substances~~, ~~by whatever official~~, ~~common~~, ~~usual, chemical or trade~~
516		-	~~name designation,~~ as controlled ~~substances in schedule I of the~~
517		-	~~controlled substances scheduling regulations:~~
518		-	~~(1) Mephedrone (4-methylmethcathinone); [~~and]
519		-	~~(2) Synthetic cannabinoids;~~ ~~and~~
520		-	~~[(2)] (3) MDPV (3,4-methyenedioxypyrovalerone).~~ Substitute ~~House~~ Bill No. 5235
	382	+	(39) "Pharmacy" means an establishment licensed pursuant to section 303
	383	+	20-594. 304
	384	+	(40) "Physician" means a person authorized by law to practice 305
	385	+	medicine in this state pursuant to section 20-9. 306
	386	+	(41) "Podiatrist" means a person authorized by law to practice 307
	387	+	podiatry in this state. 308
	388	+	(42) "Poppy straw" means all parts, except the seeds, of the opium 309
	389	+	poppy, after mowing. 310
	390	+	(43) "Practitioner" means: (A) A physician, dentist, veterinarian, 311
	391	+	podiatrist, scientific investigator or other person licensed, registered or 312
	392	+	otherwise permitted to distribute, dispense, conduct research with 313
	393	+	respect to or to administer a controlled substance in the course of 314
	394	+	professional practice or research in this state; and (B) a pharmacy, 315
	395	+	hospital or other institution licensed, registered or otherwise permitted 316
	396	+	to distribute, dispense, conduct research with respect to or to administer 317
	397	+	a controlled substance in the course of professional practice or research 318
	398	+	in this state. 319
	399	+	(44) "Prescribe" means order or designate a remedy or any 320
	400	+	preparation containing controlled substances. 321
	401	+	(45) "Prescription" means a written, oral or electronic order for any 322
	402	+	controlled substance or preparation from a licensed practitioner to a 323
	403	+	pharmacist for a patient. 324
	404	+	(46) "Production" includes the manufacture, planting, cultivation, 325
	405	+	growing or harvesting of a controlled substance. 326
	406	+	(47) "Registrant" means any person licensed by this state and 327
	407	+	assigned a current federal Bureau of Narcotics and Dangerous Drug 328
	408	+	Registry Number as provided under the federal Controlled Substances 329
	409	+	Act. 330 Substitute Bill No. 5235
521	410
522		-	Public Act No. 24-115 17 of 42
523	411
524		-	Sec. 3. Section 21a-408 of the 2024 supplement to the general statutes
525		-	is repealed and the following is substituted in lieu thereof (Effective
526		-	October 1, 2024):
527		-	As used in this section, sections 21a-408a to 21a-408o, inclusive, [and]
528		-	sections 21a-408r to 21a-408v, inclusive, unless the context otherwise
529		-	requires:
530		-	(1) "Advanced practice registered nurse" means an advanced practice
531		-	registered nurse licensed pursuant to chapter 378;
532		-	(2) "Cannabis establishment" has the same meaning as provided in
533		-	section 21a-420;
534		-	(3) "Cannabis testing laboratory" means a person who (A) is located
535		-	in this state, (B) is licensed by the department to analyze marijuana, and
536		-	(C) meets the licensure requirements established in section 21a-408r and
537		-	the regulations adopted pursuant to subsection (d) of section 21a-408r;
538		-	(4) "Cannabis testing laboratory employee" means a person who is
539		-	(A) employed at a cannabis testing laboratory, and (B) registered
540		-	pursuant to section 21a-408r and the regulations adopted pursuant to
541		-	subsection (d) of section 21a-408r;
542		-	(5) "Caregiver" means a person, other than the qualifying patient and
543		-	the qualifying patient's physician, physician assistant or advanced
544		-	practice registered nurse, who is eighteen years of age or older and has
545		-	agreed to undertake responsibility for managing the well-being of the
546		-	qualifying patient with respect to the palliative use of marijuana,
547		-	provided (A) in the case of a qualifying patient (i) under eighteen years
548		-	of age and not an emancipated minor, or (ii) otherwise lacking legal
549		-	capacity, such person shall be a parent, guardian or person having legal
550		-	custody of such qualifying patient, and (B) in the case of a qualifying
551		-	patient eighteen years of age or older or an emancipated minor, the need
552		-	for such person shall be evaluated by the qualifying patient's physician, Substitute House Bill No. 5235
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553	415
554		-	Public Act No. 24-115 18 of 42
	416	+	(48) "Registry number" means the alphabetical or numerical 331
	417	+	designation of identification assigned to a person by the federal Drug 332
	418	+	Enforcement Administration, or other federal agency, which is 333
	419	+	commonly known as the federal registry number. 334
	420	+	(49) "Restricted drugs or substances" are the following substances 335
	421	+	without limitation and for all purposes: Datura stramonium; 336
	422	+	hyoscyamus niger; atropa belladonna, or the alkaloids atropine; 337
	423	+	hyoscyamine; belladonnine; apatropine; or any mixture of these 338
	424	+	alkaloids such as daturine, or the synthetic homatropine or any salts of 339
	425	+	these alkaloids, except that any drug or preparation containing any of 340
	426	+	the above-mentioned substances which is permitted by federal food and 341
	427	+	drug laws to be sold or dispensed without a prescription or written 342
	428	+	order shall not be a controlled substance; amyl nitrite; the following 343
	429	+	volatile substances to the extent that said chemical substances or 344
	430	+	compounds containing said chemical substances are sold, prescribed, 345
	431	+	dispensed, compounded, possessed or controlled or delivered or 346
	432	+	administered to another person with the purpose that said chemical 347
	433	+	substances shall be breathed, inhaled, sniffed or drunk to induce a 348
	434	+	stimulant, depressant or hallucinogenic effect upon the higher functions 349
	435	+	of the central nervous system: Acetone; benzene; butyl alcohol; butyl 350
	436	+	nitrate and its salts, isomers, esters, ethers or their salts; cyclohexanone; 351
	437	+	dichlorodifluoromethane; ether; ethyl acetate; formaldehyde; hexane; 352
	438	+	isopropanol; methanol; methyl cellosolve acetate; methyl ethyl ketone; 353
	439	+	methyl isobutyl ketone; nitrous oxide; pentochlorophenol; toluene; 354
	440	+	toluol; trichloroethane; trichloroethylene; 1,4 butanediol. 355
	441	+	(50) "Sale" is any form of delivery which includes barter, exchange or 356
	442	+	gift, or offer therefor, and each such transaction made by any person 357
	443	+	whether as principal, proprietor, agent, servant or employee. 358
	444	+	(51) "State", when applied to a part of the United States, includes any 359
	445	+	state, district, commonwealth, territory or insular possession thereof, 360
	446	+	and any area subject to the legal authority of the United States of 361
	447	+	America. 362 Substitute Bill No. 5235
555	448
556		-	physician assistant or advanced practice registered nurse and such need
557		-	shall be documented in the written certification;
558		-	(6) "Cultivation" includes planting, propagating, cultivating, growing
559		-	and harvesting;
560		-	(7) "Debilitating medical condition" means (A) cancer, glaucoma,
561		-	positive status for human immunodeficiency virus or acquired immune
562		-	deficiency syndrome, Parkinson's disease, multiple sclerosis, damage to
563		-	the nervous tissue of the spinal cord with objective neurological
564		-	indication of intractable spasticity, epilepsy or uncontrolled intractable
565		-	seizure disorder, cachexia, wasting syndrome, Crohn's disease,
566		-	posttraumatic stress disorder, irreversible spinal cord injury with
567		-	objective neurological indication of intractable spasticity, cerebral palsy,
568		-	cystic fibrosis or terminal illness requiring end-of-life care, except, if the
569		-	qualifying patient is under eighteen years of age, "debilitating medical
570		-	condition" means terminal illness requiring end-of-life care, irreversible
571		-	spinal cord injury with objective neurological indication of intractable
572		-	spasticity, cerebral palsy, cystic fibrosis, severe epilepsy or uncontrolled
573		-	intractable seizure disorder, or (B) any medical condition, medical
574		-	treatment or disease approved for qualifying patients by the
575		-	Department of Consumer Protection and posted online pursuant to
576		-	section 21a-408l;
577		-	(8) "Dispensary facility" means a place of business where marijuana
578		-	may be dispensed, sold or distributed in accordance with this chapter
579		-	and any regulations adopted thereunder to qualifying patients and
580		-	caregivers and for which the department has issued a dispensary facility
581		-	license pursuant to this chapter;
582		-	(9) "Employee" has the same meaning as provided in section 21a-420;
583		-	(10) "Institutional animal care and use committee" means a committee
584		-	that oversees an organization's animal program, facilities and Substitute House Bill No. 5235
585	449
586		-	Public Act No. 24-115 19 of 42
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587	453
588		-	procedures to ensure compliance with federal policies, guidelines and
589		-	principles related to the care and use of animals in research;
590		-	(11) "Institutional review board" means a specifically constituted
591		-	review body established or designated by an organization to protect the
592		-	rights and welfare of persons recruited to participate in biomedical,
593		-	behavioral or social science research;
594		-	(12) "Licensed dispensary" or "dispensary" means an individual who
595		-	is a licensed pharmacist employed by a dispensary facility or hybrid
596		-	retailer;
597		-	(13) "Marijuana" [means marijuana, as defined] has the same meaning
598		-	as provided in section 21a-240, as amended by this act;
599		-	(14) "Nurse" means a person who is licensed as a nurse under chapter
600		-	378;
601		-	(15) "Palliative use" means the acquisition, distribution, transfer,
602		-	possession, use or transportation of marijuana or paraphernalia relating
603		-	to marijuana, including the transfer of marijuana and paraphernalia
604		-	relating to marijuana from the patient's caregiver to the qualifying
605		-	patient, to alleviate a qualifying patient's symptoms of a debilitating
606		-	medical condition or the effects of such symptoms, but does not include
607		-	any such use of marijuana by any person other than the qualifying
608		-	patient;
609		-	(16) "Paraphernalia" means drug paraphernalia, as defined in section
610		-	21a-240, as amended by this act;
611		-	(17) "Physician" means a person who is licensed as a physician under
612		-	chapter 370;
613		-	(18) "Physician assistant" means a person who is licensed as a
614		-	physician assistant under chapter 370; Substitute House Bill No. 5235
	454	+	(52) "State food, drug and cosmetic laws" means the Uniform Food, 363
	455	+	Drug and Cosmetic Act, section 21a-91 et seq. 364
	456	+	(53) "Ultimate user" means a person who lawfully possesses a 365
	457	+	controlled substance for the person's own use or for the use of a member 366
	458	+	of such person's household or for administering to an animal owned by 367
	459	+	such person or by a member of such person's household. 368
	460	+	(54) "Veterinarian" means a person authorized by law to practice 369
	461	+	veterinary medicine in this state. 370
	462	+	(55) "Wholesaler" means a distributor or a person who supplies 371
	463	+	controlled substances that the person personally has not produced or 372
	464	+	prepared to registrants. 373
	465	+	(56) "Reasonable times" means the time or times any office, care-374
	466	+	giving institution, pharmacy, clinic, wholesaler, manufacturer, 375
	467	+	laboratory, warehouse, establishment, store or place of business, vehicle 376
	468	+	or other place is open for the normal affairs or business or the practice 377
	469	+	activities usually conducted by the registrant. 378
	470	+	(57) "Unit dose drug distribution system" means a drug distribution 379
	471	+	system used in a hospital or chronic and convalescent nursing home in 380
	472	+	which drugs are supplied in individually labeled unit of use packages, 381
	473	+	each patient's supply of drugs is exchanged between the hospital 382
	474	+	pharmacy and the drug administration area or, in the case of a chronic 383
	475	+	and convalescent nursing home between a pharmacy and the drug 384
	476	+	administration area, at least once each twenty-four hours and each 385
	477	+	patient's medication supply for this period is stored within a patient-386
	478	+	specific container, all of which is conducted under the direction of a 387
	479	+	pharmacist licensed in Connecticut and, in the case of a hospital, directly 388
	480	+	involved in the provision and supervision of pharmaceutical services at 389
	481	+	such hospital at least thirty-five hours each week. 390
	482	+	(58) "Cocaine in a free-base form" means any substance which 391
	483	+	contains cocaine, or any compound, isomer, derivative or preparation 392
	484	+	thereof, in a nonsalt form. 393 Substitute Bill No. 5235
615	485
616		-	Public Act No. 24-115 20 of 42
617	486
618		-	(19) "Producer" means a person who is licensed as a producer
619		-	pursuant to section 21a-408i;
620		-	(20) "Qualifying patient" means a person who [:] (A) [Is] is a resident
621		-	of Connecticut, (B) has been diagnosed by a physician, physician
622		-	assistant or advanced practice registered nurse as having a debilitating
623		-	medical condition, and (C) (i) is eighteen years of age or older, (ii) is an
624		-	emancipated minor, or (iii) has written consent from a custodial parent,
625		-	guardian or other person having legal custody of such person that
626		-	indicates that such person has permission from such parent, guardian
627		-	or other person for the palliative use of marijuana for a debilitating
628		-	medical condition and that such parent, guardian or other person will
629		-	(I) serve as a caregiver for the qualifying patient, and (II) control the
630		-	acquisition and possession of marijuana and any related paraphernalia
631		-	for palliative use on behalf of such person. "Qualifying patient" does not
632		-	include an inmate confined in a correctional institution or facility under
633		-	the supervision of the Department of Correction;
634		-	(21) "Research program" means a study approved by the Department
635		-	of Consumer Protection in accordance with this chapter and undertaken
636		-	to increase information or knowledge regarding the growth or
637		-	processing of marijuana, or the medical attributes, dosage forms,
638		-	administration or use of marijuana to treat or alleviate symptoms of any
639		-	medical conditions or the effects of such symptoms;
640		-	(22) "Research program employee" means a person who (A) is
641		-	registered as a research program employee under section 21a-408t, or
642		-	(B) holds a temporary certificate of registration issued pursuant to
643		-	section 21a-408t;
644		-	(23) "Research program subject" means a person registered as a
645		-	research program subject pursuant to section 21a-408v;
646		-	(24) "Usable marijuana" means the dried leaves and flowers of the Substitute House Bill No. 5235
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647	490
648		-	Public Act No. 24-115 21 of 42
	491	+	(59) "THC" means tetrahydrocannabinol, including, but not limited 394
	492	+	to, delta-7, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol 395
	493	+	and delta-10-tetrahydrocannabinol, and any material, compound, 396
	494	+	mixture or preparation which contain their salts, isomers and salts of 397
	495	+	isomers, whenever the existence of such salts, isomers and salts of 398
	496	+	isomers is possible within the specific chemical designation, regardless 399
	497	+	of the source, except: (A) Dronabinol substituted in sesame oil and 400
	498	+	encapsulated in a soft gelatin capsule in a federal Food and Drug 401
	499	+	Administration or successor agency approved product; [,] or (B) any 402
	500	+	tetrahydrocannabinol product that has been approved by the federal 403
	501	+	Food and Drug Administration or successor agency to have a medical 404
	502	+	use and reclassified in any schedule of controlled substances or 405
	503	+	unscheduled by the federal Drug Enforcement Administration or 406
	504	+	successor agency. 407
	505	+	(60) "Total THC" means the sum of the percentage by weight of 408
	506	+	tetrahydrocannabinolic acid, multiplied by eight hundred seventy-409
	507	+	seven-thousandths, plus the percentage of weight of THC. 410
	508	+	(61) "Manufactured cannabinoid" means cannabinoids [naturally 411
	509	+	occurring from a source other than marijuana that are similar in 412
	510	+	chemical structure or physiological effect to cannabinoids derived from 413
	511	+	marijuana, as defined in section 21a-243, but are derived by a chemical 414
	512	+	or biological process] created by converting one cannabinoid directly to 415
	513	+	a different cannabinoid through: (A) Application of light or heat; (B) 416
	514	+	decarboxylation of naturally occurring acidic forms of cannabinoids; 417
	515	+	and (C) an alternate extraction or conversion process approved by the 418
	516	+	Department of Consumer Protection and published on the department's 419
	517	+	Internet web site. 420
	518	+	(62) "Synthetic cannabinoid": [means] (A) Means any [material, 421
	519	+	compound, mixture or preparation which contains any quantity of a 422
	520	+	substance having a psychotropic response primarily by agonist activity 423
	521	+	at cannabinoid-specific receptors affecting the central nervous system 424
	522	+	that is produced artificially and not derived from an organic source 425
	523	+	naturally containing cannabinoids, unless listed in another schedule 426 Substitute Bill No. 5235
649	524
650		-	marijuana plant, and any mixtures or preparations of such leaves and
651		-	flowers, that are appropriate for the palliative use of marijuana, but does
652		-	not include the seeds, stalks and roots of the marijuana plant; and
653		-	(25) "Written certification" means a written certification issued by a
654		-	physician, physician assistant or advanced practice registered nurse
655		-	pursuant to section 21a-408c.
656		-	Sec. 4. Subsection (d) of section 21a-420n of the 2024 supplement to
657		-	the general statutes is repealed and the following is substituted in lieu
658		-	thereof (Effective from passage):
659		-	(d) A cultivator may sell, transfer or transport its cannabis to a
660		-	[dispensary facility, hybrid retailer, retailer, food and beverage
661		-	manufacturer, product manufacturer] cannabis establishment, research
662		-	program [,] or cannabis testing laboratory [or product packager]
663		-	utilizing its own employees or a transporter. A cultivator shall not sell,
664		-	transfer or deliver to consumers, qualifying patients or caregivers,
665		-	directly or through a delivery service.
666		-	Sec. 5. Subsection (b) of section 21a-421j of the 2024 supplement to the
667		-	general statutes is repealed and the following is substituted in lieu
668		-	thereof (Effective from passage):
669		-	(b) The commissioner shall adopt regulations in accordance with
670		-	chapter 54 to implement the provisions of RERACA. Notwithstanding
671		-	the requirements of sections 4-168 to 4-172, inclusive, in order to
672		-	effectuate the purposes of RERACA and protect public health and
673		-	safety, prior to adopting such regulations the commissioner shall issue
674		-	policies and procedures to implement the provisions of RERACA that
675		-	shall have the force and effect of law. The commissioner shall post all
676		-	policies and procedures on the department's Internet web site and
677		-	submit such policies and procedures to the Secretary of the State for
678		-	posting on the eRegulations System, at least fifteen days prior to the Substitute House Bill No. 5235
679	525
680		-	Public Act No. 24-115 22 of 42
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681	529
682		-	effective date of any policy or procedure. The commissioner shall also
683		-	provide such policies and procedures, in a manner prescribed by the
684		-	commissioner, to each licensee. Any such policy or procedure shall no
685		-	longer be effective upon the earlier of either the adoption of the policy
686		-	or procedure as a final regulation under section 4-172 or forty-eight
687		-	months from June 22, 2021, if such regulations have not been submitted
688		-	to the legislative regulation review committee for consideration under
689		-	section 4-170. The commissioner shall issue policies and procedures and
690		-	thereafter final regulations that include, but are not limited to, the
691		-	following:
692		-	(1) Setting appropriate dosage, potency, concentration and serving
693		-	size limits and delineation requirements for cannabis, provided a
694		-	standardized serving of edible cannabis product or beverage, other than
695		-	a medical marijuana product, shall contain not more than five
696		-	milligrams of THC.
697		-	(2) Requiring that each single standardized serving of cannabis
698		-	product in a multiple-serving edible product or beverage is physically
699		-	demarked in a way that enables a reasonable person to determine how
700		-	much of the product constitutes a single serving and a maximum
701		-	amount of THC per multiple-serving edible cannabis product or
702		-	beverage.
703		-	(3) Requiring that, if it is impracticable to clearly demark every
704		-	standardized serving of cannabis product or to make each standardized
705		-	serving easily separable in an edible cannabis product or beverage, the
706		-	product, other than cannabis concentrate or medical marijuana product,
707		-	shall contain not more than five milligrams of THC per unit of sale.
708		-	(4) Establishing, in consultation with the Department of Mental
709		-	Health and Addiction Services, consumer health materials that shall be
710		-	posted or distributed, as specified by the commissioner, by cannabis
711		-	establishments to maximize dissemination to cannabis consumers. Substitute House Bill No. 5235
	530	+	pursuant to section 21a-243] substance converted by a chemical process 427
	531	+	to create a cannabinoid or cannabinoid-like substance that (i) has 428
	532	+	structural features which allow interaction with at least one of the 429
	533	+	known cannabinoid-specific receptors, or (ii) has any physiological or 430
	534	+	psychotropic response on at least one cannabinoid-specific receptor; and 431
	535	+	(B) excludes any cannabinoid that is (i) naturally produced, or (ii) 432
	536	+	manufactured through (I) application of light or heat, or (II) 433
	537	+	decarboxylation of naturally occurring acidic forms of cannabinoids. 434
	538	+	(63) "High-THC hemp product" means a manufacturer hemp 435
	539	+	product, as defined in section 22-61l, that has, or is advertised, labeled 436
	540	+	or offered for sale as having, total THC that exceeds: (A) [for] For a hemp 437
	541	+	edible, hemp topical or hemp transdermal patch (i) one milligram on a 438
	542	+	per-serving basis, or (ii) five milligrams on a per-container basis; [,] (B) 439
	543	+	for a hemp tincture, including, but not limited to, oil intended for 440
	544	+	ingestion by swallowing, buccal administration or sublingual 441
	545	+	absorption, (i) one milligram on a per-serving basis, or (ii) twenty-five 442
	546	+	milligrams on a per-container basis; [,] (C) for a hemp concentrate or 443
	547	+	extract, including, but not limited to, a vape oil, wax or shatter, twenty-444
	548	+	five milligrams on a per-container basis; [,] or (D) for a manufacturer 445
	549	+	hemp product not described in subparagraph (A), (B) or (C) of this 446
	550	+	subdivision, (i) one milligram on a per-serving basis, (ii) five milligrams 447
	551	+	on a per-container basis, or (iii) three-tenths per cent on a dry-weight 448
	552	+	basis for cannabis flower or cannabis trim. 449
	553	+	Sec. 2. Subsection (j) of section 21a-243 of the general statutes is 450
	554	+	repealed and the following is substituted in lieu thereof (Effective from 451
	555	+	passage): 452
	556	+	(j) Notwithstanding the provisions of subsection (c) of this section, 453
	557	+	the Commissioner of Consumer Protection shall designate the following 454
	558	+	substances, by whatever official, common, usual, chemical or trade 455
	559	+	name designation, as controlled substances in schedule I of the 456
	560	+	controlled substances scheduling regulations: 457
	561	+	(1) Mephedrone (4-methylmethcathinone); [and] 458 Substitute Bill No. 5235
712	562
713		-	Public Act No. 24-115 23 of 42
714	563
715		-	Consumer health materials may include pamphlets, packaging inserts,
716		-	signage, online and printed advertisements and advisories and printed
717		-	health materials.
718		-	(5) Imposing labeling and packaging requirements for cannabis sold
719		-	by a cannabis establishment that include, but are not limited to, the
720		-	following:
721		-	(A) Inclusion of universal symbols to indicate that cannabis, or a
722		-	cannabis product, contains THC and is not legal or safe for individuals
723		-	younger than twenty-one years of age, and prescribe how such product
724		-	and product packaging shall utilize and exhibit such symbols.
725		-	(B) A disclosure concerning the length of time it typically takes for
726		-	the cannabis to affect an individual, including that certain forms of
727		-	cannabis take longer to have an effect.
728		-	(C) A notation of the amount of cannabis the cannabis product is
729		-	considered the equivalent to.
730		-	(D) A list of ingredients and all additives for cannabis.
731		-	(E) Child-resistant, tamper-resistant and light-resistant packaging. [,
732		-	including requiring that an edible product be individually wrapped.]
733		-	For the purposes of this subparagraph, packaging shall be deemed to be
734		-	(i) child-resistant if the packaging satisfies the standard for special
735		-	packaging established in 16 CFR 1700.1(b)(4), as amended from time to
736		-	time, (ii) tamper-resistant if the packaging has at least one barrier to, or
737		-	indicator of, entry that would preclude the contents of such packaging
738		-	from being accessed or adulterated without indicating to a reasonable
739		-	person that such packaging has been breached, and (iii) light-resistant if
740		-	the packaging is entirely and uniformly opaque and protects the entirety
741		-	of the contents of such packaging from the effects of light.
742		-	(F) (i) Packaging for cannabis intended for multiple servings to be Substitute House Bill No. 5235
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743	567
744		-	Public Act No. 24-115 24 of 42
	568	+	(2) Synthetic cannabinoids; and 459
	569	+	[(2)] (3) MDPV (3,4-methyenedioxypyrovalerone). 460
	570	+	Sec. 3. Subparagraph (N) of subdivision (5) of subsection (b) of section 461
	571	+	21a-421j of the 2024 supplement to the general statutes is repealed and 462
	572	+	the following is substituted in lieu thereof (Effective from passage): 463
	573	+	(N) A requirement that, prior to being sold and transferred to a 464
	574	+	consumer, qualifying patient or caregiver, cannabis packaging be 465
	575	+	clearly labeled, whether printed directly on such packaging or affixed 466
	576	+	by way of a separate label, other than an extended content label, with: 467
	577	+	(i) A unique identifier generated by a cannabis analytic tracking 468
	578	+	system maintained by the department and used to track cannabis under 469
	579	+	the policies and procedures issued, and final regulations adopted, by 470
	580	+	the commissioner pursuant to this section; and 471
	581	+	(ii) The following information concerning the cannabis contained in 472
	582	+	such packaging, which shall be in legible English, black lettering, Times 473
	583	+	New Roman font, flat regular typeface, on a contrasting background 474
	584	+	and in uniform size of not less than one-tenth of one inch, based on a 475
	585	+	capital letter "K", which information shall also be available on the 476
	586	+	Internet web site of the cannabis establishment that sells and transfers 477
	587	+	such cannabis: 478
	588	+	(I) The name of such cannabis, as registered with the department 479
	589	+	under the policies and procedures issued, and final regulations adopted, 480
	590	+	by the commissioner pursuant to this section. 481
	591	+	(II) The expiration date, which shall not account for any refrigeration 482
	592	+	after such cannabis is sold and transferred to the consumer, qualifying 483
	593	+	patient or caregiver. 484
	594	+	(III) The net weight or volume, expressed in metric and imperial 485
	595	+	units. 486 Substitute Bill No. 5235
745	596
746		-	resealable in such a manner so as to render such packaging continuously
747		-	child-resistant, as described in subparagraph (E)(i) of this subdivision,
748		-	and preserve the integrity of the contents of such packaging, and (ii) if
749		-	packaging for cannabis intended for multiple servings contains any
750		-	edible cannabis product, for each single standardized serving to be
751		-	easily discernible and (I) individually wrapped, or (II) physically
752		-	demarked and delineated as required under this subsection.
753		-	(G) Impervious packaging that protects the contents of such
754		-	packaging from contamination and exposure to any toxic or harmful
755		-	substance, including, but not limited to, any glue or other adhesive or
756		-	substance that is incorporated in such packaging.
757		-	(H) Product tracking information sufficient to determine where and
758		-	when the cannabis was grown and manufactured such that a product
759		-	recall could be effectuated.
760		-	(I) A net weight statement.
761		-	(J) A recommended use by or expiration date.
762		-	(K) Standard and uniform packaging and labeling, including, but not
763		-	limited to, requirements (i) regarding branding or logos, (ii) that all
764		-	packaging be opaque, and (iii) that amounts and concentrations of THC
765		-	and cannabidiol, per serving and per package, be clearly marked on the
766		-	packaging or label of any cannabis product sold.
767		-	(L) For any cannabis concentrate cannabis product that contains a
768		-	total THC percentage greater than thirty per cent, a warning that such
769		-	cannabis product is a high-potency product and may increase the risk
770		-	of psychosis.
771		-	(M) Chemotypes, which shall be displayed as (i) "High THC, Low
772		-	CBD" where the ratio of THC to CBD is greater than five to one and the
773		-	total THC percentage is at least fifteen per cent, (ii) "Moderate THC, Substitute House Bill No. 5235
774	597
775		-	Public Act No. 24-115 25 of 42
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776	601
777		-	Moderate CBD" where the ratio of THC to CBD is at least one to five but
778		-	not greater than five to one and the total THC percentage is greater than
779		-	five per cent but less than fifteen per cent, (iii) "Low THC, High CBD"
780		-	where the ratio of THC to CBD is less than one to five and the total THC
781		-	percentage is not greater than five per cent, or (iv) the chemotype
782		-	described in clause (i), (ii) or (iii) of this subparagraph that most closely
783		-	fits the cannabis or cannabis product, as determined by mathematical
784		-	analysis of the ratio of THC to CBD, where such cannabis or cannabis
785		-	product does not fit a chemotype described in clause (i), (ii) or (iii) of
786		-	this subparagraph.
787		-	(N) A requirement that, prior to being sold and transferred to a
788		-	consumer, qualifying patient or caregiver, cannabis packaging be
789		-	clearly labeled, whether printed directly on such packaging or affixed
790		-	by way of a separate label, other than an extended content label, with:
791		-	(i) A unique identifier generated by a cannabis analytic tracking
792		-	system maintained by the department and used to track cannabis under
793		-	the policies and procedures issued, and final regulations adopted, by
794		-	the commissioner pursuant to this section; and
795		-	(ii) The following information concerning the cannabis contained in
796		-	such packaging, which shall be in legible English, black lettering, Times
797		-	New Roman font, flat regular typeface, on a contrasting background
798		-	and in uniform size of not less than one-tenth of one inch, based on a
799		-	capital letter "K", which information shall also be available on the
800		-	Internet web site of the cannabis establishment that sells and transfers
801		-	such cannabis:
802		-	(I) The name of such cannabis, as registered with the department
803		-	under the policies and procedures issued, and final regulations adopted,
804		-	by the commissioner pursuant to this section.
805		-	(II) The expiration date, which shall not account for any refrigeration Substitute House Bill No. 5235
	602	+	(IV) The standardized serving size, expressed in customary units, and 487
	603	+	the number of servings included in such packaging, if applicable. 488
	604	+	(V) Directions for use and storage. 489
	605	+	(VI) Each active ingredient comprising at least one per cent of such 490
	606	+	cannabis, including cannabinoids, isomers, esters, ethers and salts and 491
	607	+	salts of isomers, esters and ethers, and all quantities thereof expressed 492
	608	+	in metric units and as a percentage of volume. 493
	609	+	(VII) A list of all known allergens, as identified by the federal Food 494
	610	+	and Drug Administration, contained in such cannabis, or the denotation 495
	611	+	"no known FDA identified allergens" if such cannabis does not contain 496
	612	+	any allergen identified by the federal Food and Drug Administration. 497
	613	+	(VIII) The following warning statement within, and outlined by, a red 498
	614	+	box: 499
	615	+	"This product is not FDA-approved, may be intoxicating, cause long-500
	616	+	term physical and mental health problems, and have delayed side 501
	617	+	effects. It is illegal to operate a vehicle or machinery under the influence 502
	618	+	of cannabis. Keep away from children." 503
	619	+	(IX) At least one of the following warning statements, rotated 504
	620	+	quarterly on an alternating basis: 505
	621	+	"Warning: Frequent and prolonged use of cannabis can contribute to 506
	622	+	mental health problems over time, including anxiety, depression, 507
	623	+	stunted brain development and impaired memory." 508
	624	+	"Warning: Consumption while pregnant or breastfeeding may be 509
	625	+	harmful." 510
	626	+	"Warning: Cannabis has intoxicating effects and may be habit-511
	627	+	forming and addictive." 512
	628	+	"Warning: Consuming more than the recommended amount may 513
	629	+	result in adverse effects requiring medical attention.". 514 Substitute Bill No. 5235
806	630
807		-	Public Act No. 24-115 26 of 42
808	631
809		-	after such cannabis is sold and transferred to the consumer, qualifying
810		-	patient or caregiver.
811		-	(III) The net weight or volume, expressed in metric and imperial
812		-	units.
813		-	(IV) The standardized serving size, expressed in customary units, and
814		-	the number of servings included in such packaging, if applicable.
815		-	(V) Directions for use and storage.
816		-	(VI) Each active ingredient comprising at least one per cent of such
817		-	cannabis, including cannabinoids, isomers, esters, ethers and salts and
818		-	salts of isomers, esters and ethers, and all quantities thereof expressed
819		-	in metric units and as a percentage of volume.
820		-	(VII) A list of all known allergens, as identified by the federal Food
821		-	and Drug Administration, contained in such cannabis, or the denotation
822		-	"no known FDA identified allergens" if such cannabis does not contain
823		-	any allergen identified by the federal Food and Drug Administration.
824		-	(VIII) The following warning statement within, and outlined by, a red
825		-	box:
826		-	"This product is not FDA-approved, may be intoxicating, cause long-
827		-	term physical and mental health problems, and have delayed side
828		-	effects. It is illegal to operate a vehicle or machinery under the influence
829		-	of cannabis. Keep away from children."
830		-	(IX) At least one of the following warning statements, rotated
831		-	quarterly on an alternating basis:
832		-	"Warning: Frequent and prolonged use of cannabis can contribute to
833		-	mental health problems over time, including anxiety, depression,
834		-	stunted brain development and impaired memory." Substitute House Bill No. 5235
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835	635
836		-	Public Act No. 24-115 27 of 42
	636	+	(X) All information necessary to comply with labeling requirements 515
	637	+	imposed under the laws of this state [or] and federal law, including, but 516
	638	+	not limited to, sections 21a-91 to 21a-120, inclusive, and 21a-151 to 21a-517
	639	+	159, inclusive, the Federal Food, Drug and Cosmetic Act, 21 USC 301 et 518
	640	+	seq., as amended from time to time, and the federal Fair Packaging and 519
	641	+	Labeling Act, 15 USC 1451 et seq., as amended from time to time, for 520
	642	+	similar products that do not contain cannabis. 521
	643	+	(XI) Such additional warning labels for certain cannabis products as 522
	644	+	the commissioner may require and post on the department's Internet 523
	645	+	web site. 524
	646	+	Sec. 4. Section 21a-421aa of the general statutes is repealed and the 525
	647	+	following is substituted in lieu thereof (Effective from passage): 526
	648	+	(a) No cannabis retailer or hybrid retailer shall accept payment or 527
	649	+	other form of compensation directly or indirectly from a cultivator, 528
	650	+	micro-cultivator, producer, food and beverage manufacturer, product 529
	651	+	manufacturer or product packager to carry a cannabis product or for 530
	652	+	placement or promotion of such product in a retailer or hybrid retailer's 531
	653	+	establishment or through other promotional initiatives. No retailer or 532
	654	+	hybrid retailer shall enter into a contract with a cultivator, micro-533
	655	+	cultivator, producer, food and beverage manufacturer, product 534
	656	+	manufacturer or product packager that requires or permits preferential 535
	657	+	treatment, exclusivity or near exclusivity or limits a retailer or hybrid 536
	658	+	retailer from purchasing from other cultivators, micro-cultivators, 537
	659	+	producers, food and beverage manufacturers or product manufacturers 538
	660	+	in any way. 539
	661	+	(b) No cannabis establishment shall produce, manufacture or sell 540
	662	+	cannabis that is intended for use or consumption by animals. 541
	663	+	(c) A retailer or hybrid retailer shall not knowingly sell to a consumer 542
	664	+	more than one ounce of cannabis or the equivalent amount of cannabis 543
	665	+	products or combination of cannabis and cannabis products, as set forth 544
	666	+	in subsection (i) of section 21a-279a, per day, except that a hybrid retailer 545 Substitute Bill No. 5235
837	667
838		-	"Warning: Consumption while pregnant or breastfeeding may be
839		-	harmful."
840		-	"Warning: Cannabis has intoxicating effects and may be habit-
841		-	forming and addictive."
842		-	"Warning: Consuming more than the recommended amount may
843		-	result in adverse effects requiring medical attention.".
844		-	(X) All information necessary to comply with labeling requirements
845		-	imposed under the laws of this state [or] and federal law, including, but
846		-	not limited to, sections 21a-91 to 21a-120, inclusive, and 21a-151 to 21a-
847		-	159, inclusive, the Federal Food, Drug and Cosmetic Act, 21 USC 301 et
848		-	seq., as amended from time to time, and the federal Fair Packaging and
849		-	Labeling Act, 15 USC 1451 et seq., as amended from time to time, for
850		-	similar products that do not contain cannabis.
851		-	(XI) Such additional warning labels for certain cannabis products as
852		-	the commissioner may require and post on the department's Internet
853		-	web site.
854		-	(6) Establishing laboratory testing standards.
855		-	(7) Restricting forms of cannabis products and cannabis product
856		-	delivery systems to ensure consumer safety and deter public health
857		-	concerns.
858		-	(8) Prohibiting certain manufacturing methods, or inclusion of
859		-	additives to cannabis products, including, but not limited to, (A) added
860		-	flavoring, terpenes or other additives unless approved by the
861		-	department, or (B) any form of nicotine or other additive containing
862		-	nicotine.
863		-	(9) Prohibiting cannabis product types that appeal to children.
864		-	(10) Establishing physical and cyber security requirements related to Substitute House Bill No. 5235
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867	672
868		-	build out, monitoring and protocols for cannabis establishments as a
869		-	requirement for licensure.
870		-	(11) Placing temporary limits on the sale of cannabis in the adult-use
871		-	market, if deemed appropriate and necessary by the commissioner, in
872		-	response to a shortage of cannabis for qualifying patients.
873		-	(12) Requiring retailers and hybrid retailers to make best efforts to
874		-	provide access to (A) low-dose THC products, including products that
875		-	have one milligram and two and a half milligrams of THC per dose, and
876		-	(B) high-dose CBD products.
877		-	(13) Requiring producers, cultivators, micro-cultivators, product
878		-	manufacturers and food and beverage manufacturers to register brand
879		-	names for cannabis, in accordance with the policies and procedures and
880		-	subject to the fee set forth in, regulations adopted under chapter 420f.
881		-	(14) Prohibiting a cannabis establishment from selling, other than the
882		-	sale of medical marijuana products between cannabis establishments
883		-	and the sale of cannabis to qualified patients and caregivers, (A)
884		-	cannabis flower or other cannabis plant material with a total THC
885		-	concentration greater than thirty per cent on a dry-weight basis, and (B)
886		-	any cannabis product other than cannabis flower and cannabis plant
887		-	material with a total THC concentration greater than sixty per cent on a
888		-	dry-weight basis, except that the provisions of subparagraph (B) of this
889		-	subdivision shall not apply to the sale of prefilled cartridges for use in
890		-	an electronic cannabis delivery system, as defined in section 19a-342a
891		-	and the department may adjust the percentages set forth in
892		-	subparagraph (A) or (B) of this subdivision in regulations adopted
893		-	pursuant to this section for purposes of public health or to address
894		-	market access or shortage. As used in this subdivision, "cannabis plant
895		-	material" means material from the cannabis plant, as defined in section
896		-	21a-279a. Substitute House Bill No. 5235
	673	+	or dispensary facility may sell up to five ounces of cannabis or the 546
	674	+	equivalent amount of cannabis products or combination of cannabis and 547
	675	+	cannabis products to a qualifying patient or caregiver per day. 548
	676	+	Notwithstanding the requirements of sections 4-168 to 4-172, inclusive, 549
	677	+	to avoid cannabis supply shortages or address a public health and safety 550
	678	+	concern, the commissioner may set temporary lower per-transaction 551
	679	+	limits, which shall be published on the department's Internet web site. 552
	680	+	Such limits shall become ineffective upon the commissioner's 553
	681	+	determination that a supply shortage or public health and safety 554
	682	+	concern no longer exists. 555
	683	+	(d) No cannabis establishment, except a producer, cultivator or 556
	684	+	micro-cultivator, may acquire or possess a live cannabis plant. 557
	685	+	(e) No person issued a license or registration pursuant to RERACA 558
	686	+	shall (1) assign or transfer such license or registration without the 559
	687	+	commissioner's prior approval, or (2) sell, transfer or transport cannabis 560
	688	+	to, or obtain cannabis from, a location outside of this state if such activity 561
	689	+	would be in violation of federal law. 562
	690	+	(f) Synthetic cannabinoids, as defined in section 21a-240, as amended 563
	691	+	by this act, are prohibited in cannabis, and no synthetic cannabinoid 564
	692	+	may be sold at any cannabis establishment. 565
	693	+	Sec. 5. Subsection (a) of section 21a-421dd of the general statutes is 566
	694	+	repealed and the following is substituted in lieu thereof (Effective from 567
	695	+	passage): 568
	696	+	(a) No member of the Social Equity Council and no employee of the 569
	697	+	Social Equity Council or department who carries out the licensing, 570
	698	+	inspection, investigation, enforcement or policy decisions authorized by 571
	699	+	[RERACA] this chapter, and any regulations enacted pursuant thereto, 572
	700	+	may, directly or indirectly, have any management or financial interest 573
	701	+	in the cultivation, manufacture, sale, transportation, delivery or testing 574
	702	+	of cannabis in this state, nor receive any commission or profit from nor 575
	703	+	have any financial interest in purchases or sales made by [persons] 576 Substitute Bill No. 5235
897	704
898		-	Public Act No. 24-115 29 of 42
899	705
900		-	(15) Permitting the outdoor cultivation of cannabis.
901		-	(16) Prohibiting packaging that is (A) visually similar to any
902		-	commercially similar product that does not contain cannabis, or (B) used
903		-	for any good that is marketed to individuals reasonably expected to be
904		-	younger than twenty-one years of age.
905		-	(17) Allowing packaging to include a picture of the cannabis product
906		-	and contain a logo of one cannabis establishment, which logo may be
907		-	comprised of not more than three colors and provided neither black nor
908		-	white shall be considered one of such three colors.
909		-	(18) Requiring packaging to (A) be entirely and uniformly one color,
910		-	and (B) not incorporate any information, print, embossing, debossing,
911		-	graphic or hidden feature, other than any permitted or required label.
912		-	(19) Requiring that packaging and labeling for an edible cannabis
913		-	product, excluding the warning labels required under this subsection
914		-	and a picture of the cannabis product described in subdivision (17) of
915		-	this subsection but including, but not limited to, the logo of the cannabis
916		-	establishment, shall only be comprised of black and white or a
917		-	combination thereof.
918		-	(20) (A) Except as provided in subparagraph (B) of this subdivision,
919		-	requiring that delivery device cartridges be labeled, in a clearly legible
920		-	manner and in as large a font as the size of the device reasonably allows,
921		-	with only the following information (i) the name of the cannabis
922		-	establishment where the cannabis is grown or manufactured, (ii) the
923		-	cannabis brand, (iii) the total THC and total CBD content contained
924		-	within the delivery device cartridge, (iv) the expiration date, and (v) the
925		-	unique identifier generated by a cannabis analytic tracking system
926		-	maintained by the department and used to track cannabis under the
927		-	policies and procedures issued, and final regulations adopted, by the
928		-	commissioner pursuant to this section. Substitute House Bill No. 5235
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930		-	Public Act No. 24-115 30 of 42
	710	+	cannabis establishments that are licensed pursuant to this chapter and 577
	711	+	authorized to make such purchases or sales pursuant to [RERACA] such 578
	712	+	license. No provision of this section shall prevent any such member or 579
	713	+	employee from purchasing and keeping in his or her possession, for his 580
	714	+	or her personal use or the use of such member's or employee's family or 581
	715	+	guests, any cannabis which may be purchased or kept by any person by 582
	716	+	virtue of [RERACA] this chapter. 583
	717	+	Sec. 6. Section 22-61m of the 2024 supplement to the general statutes 584
	718	+	is repealed and the following is substituted in lieu thereof (Effective from 585
	719	+	passage): 586
	720	+	(a) No person shall manufacture in the state without a license to 587
	721	+	manufacture issued by the Commissioner of Consumer Protection. 588
	722	+	(b) Each applicant for a manufacturer license shall submit an 589
	723	+	application on a form and in a manner prescribed by the Commissioner 590
	724	+	of Consumer Protection. 591
	725	+	(c) The following fees shall apply for a license to manufacture: 592
	726	+	(1) A nonrefundable license application fee of seventy-five dollars; 593
	727	+	and 594
	728	+	(2) A nonrefundable licensing fee of three hundred seventy-five 595
	729	+	dollars for a license to manufacture hemp. 596
	730	+	(d) A license to manufacture issued by the Commissioner of 597
	731	+	Consumer Protection pursuant to this section shall expire triennially on 598
	732	+	June thirtieth. Such licenses shall not be transferable. 599
	733	+	(e) In accordance with a hearing held pursuant to chapter 54, the 600
	734	+	Commissioner of Consumer Protection may deny, suspend or revoke a 601
	735	+	manufacturer license, issue fines of not more than two thousand five 602
	736	+	hundred dollars per violation and place conditions upon a 603
	737	+	manufacturer licensee who violates the provisions of this section and 604
	738	+	any regulation adopted pursuant to this section. 605 Substitute Bill No. 5235
931	739
932		-	(B) A cannabis establishment may emboss, deboss or similarly print
933		-	the name of the cannabis establishment's business entity, and one logo
934		-	with not more than three colors, on a delivery device cartridge.
935		-	Sec. 6. Section 21a-421aa of the general statutes is repealed and the
936		-	following is substituted in lieu thereof (Effective from passage):
937		-	(a) No cannabis retailer or hybrid retailer shall accept payment or
938		-	other form of compensation directly or indirectly from a cultivator,
939		-	micro-cultivator, producer, food and beverage manufacturer, product
940		-	manufacturer or product packager to carry a cannabis product or for
941		-	placement or promotion of such product in a retailer or hybrid retailer's
942		-	establishment or through other promotional initiatives. No retailer or
943		-	hybrid retailer shall enter into a contract with a cultivator, micro-
944		-	cultivator, producer, food and beverage manufacturer, product
945		-	manufacturer or product packager that requires or permits preferential
946		-	treatment, exclusivity or near exclusivity or limits a retailer or hybrid
947		-	retailer from purchasing from other cultivators, micro-cultivators,
948		-	producers, food and beverage manufacturers or product manufacturers
949		-	in any way.
950		-	(b) No cannabis establishment shall produce, manufacture or sell
951		-	cannabis that is intended for use or consumption by animals.
952		-	(c) A retailer or hybrid retailer shall not knowingly sell to a consumer
953		-	more than one ounce of cannabis or the equivalent amount of cannabis
954		-	products or combination of cannabis and cannabis products, as set forth
955		-	in subsection (i) of section 21a-279a, per day, except that a hybrid retailer
956		-	or dispensary facility may sell up to five ounces of cannabis or the
957		-	equivalent amount of cannabis products or combination of cannabis and
958		-	cannabis products to a qualifying patient or caregiver per day.
959		-	Notwithstanding the requirements of sections 4-168 to 4-172, inclusive,
960		-	to avoid cannabis supply shortages or address a public health and safety
961		-	concern, the commissioner may set temporary lower per-transaction Substitute House Bill No. 5235
962	740
963		-	Public Act No. 24-115 31 of 42
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964	744
965		-	limits, which shall be published on the department's Internet web site.
966		-	Such limits shall become ineffective upon the commissioner's
967		-	determination that a supply shortage or public health and safety
968		-	concern no longer exists.
969		-	(d) No cannabis establishment, except a producer, cultivator or
970		-	micro-cultivator, may acquire or possess a live cannabis plant.
971		-	(e) No person issued a license or registration pursuant to RERACA
972		-	shall (1) assign or transfer such license or registration without the
973		-	commissioner's prior approval, or (2) sell, transfer or transport cannabis
974		-	to, or obtain cannabis from, a location outside of this state if such activity
975		-	would be in violation of federal law.
976		-	(f) Synthetic cannabinoids, as defined in section 21a-240, as amended
977		-	by this act, are prohibited in cannabis, and no synthetic cannabinoid
978		-	may be sold at any cannabis establishment.
979		-	Sec. 7. Subsection (a) of section 21a-421dd of the general statutes is
980		-	repealed and the following is substituted in lieu thereof (Effective from
981		-	passage):
982		-	(a) No member of the Social Equity Council and no employee of the
983		-	Social Equity Council or department who carries out the licensing,
984		-	inspection, investigation, enforcement or policy decisions authorized by
985		-	[RERACA] this chapter, and any regulations enacted pursuant thereto,
986		-	may, directly or indirectly, have any management or financial interest
987		-	in the cultivation, manufacture, sale, transportation, delivery or testing
988		-	of cannabis in this state, nor receive any commission or profit from nor
989		-	have any financial interest in purchases or sales made by [persons]
990		-	cannabis establishments that are licensed pursuant to this chapter and
991		-	authorized to make such purchases or sales pursuant to [RERACA] such
992		-	license. No provision of this section shall prevent any such member or
993		-	employee from purchasing and keeping in his or her possession, for his Substitute House Bill No. 5235
	745	+	(f) (1) Any individual who manufactures in this state without 606
	746	+	obtaining a license pursuant to this section or who manufactures in this 607
	747	+	state after such entity's license is suspended or revoked shall be fined 608
	748	+	two hundred fifty dollars in accordance with the provisions of section 609
	749	+	51-164n. 610
	750	+	(2) Any entity who manufactures in this state without obtaining a 611
	751	+	license pursuant to this section, or who manufactures in this state after 612
	752	+	having a license suspended, shall be fined not more than two thousand 613
	753	+	five hundred dollars per violation after a hearing conducted in 614
	754	+	accordance with the provisions of chapter 54. 615
	755	+	(g) Nothing in this chapter or any regulations adopted pursuant to 616
	756	+	this chapter shall be construed to apply to persons licensed pursuant to 617
	757	+	section 21a-408i nor to require persons licensed pursuant to said section 618
	758	+	to obtain a license pursuant to this chapter. 619
	759	+	(h) The Commissioner of Consumer Protection may inspect and shall 620
	760	+	have access to the buildings, equipment, supplies, vehicles, records, real 621
	761	+	property and other information of any manufacturer applicant or 622
	762	+	licensee that the commissioner deems necessary to carry out the 623
	763	+	commissioner's duties pursuant to this section. 624
	764	+	(i) (1) Each manufacturer shall follow the protocol in this subsection 625
	765	+	for disposing of cannabis in the event that any hemp or hemp product 626
	766	+	is deemed to exceed the prescribed THC concentration, as determined 627
	767	+	by the Commissioner of Consumer Protection, or a manufacturer 628
	768	+	licensee in possession of hemp or hemp products who desires to dispose 629
	769	+	of obsolete, misbranded, excess or otherwise undesired product. Each 630
	770	+	manufacturer licensee shall be responsible for all costs of disposal of 631
	771	+	hemp samples and any hemp produced by such licensee that violates 632
	772	+	the provisions of this section or any regulation adopted pursuant to this 633
	773	+	section. Any cannabis that exceeds the prescribed THC concentration 634
	774	+	allowable in hemp or hemp products shall be immediately embargoed 635
	775	+	by such manufacturer and clearly labeled as adulterated by such 636
	776	+	licensee and such licensee shall immediately notify both the Department 637 Substitute Bill No. 5235
994	777
995		-	Public Act No. 24-115 32 of 42
996	778
997		-	or her personal use or the use of such member's or employee's family or
998		-	guests, any cannabis which may be purchased or kept by any person by
999		-	virtue of [RERACA] this chapter.
1000		-	Sec. 8. Section 22-61m of the 2024 supplement to the general statutes
1001		-	is repealed and the following is substituted in lieu thereof (Effective from
1002		-	passage):
1003		-	(a) No person shall manufacture in the state without a license to
1004		-	manufacture issued by the Commissioner of Consumer Protection.
1005		-	(b) Each applicant for a manufacturer license shall submit an
1006		-	application on a form and in a manner prescribed by the Commissioner
1007		-	of Consumer Protection.
1008		-	(c) The following fees shall apply for a license to manufacture:
1009		-	(1) A nonrefundable license application fee of seventy-five dollars;
1010		-	and
1011		-	(2) A nonrefundable licensing fee of three hundred seventy-five
1012		-	dollars for a license to manufacture hemp.
1013		-	(d) A license to manufacture issued by the Commissioner of
1014		-	Consumer Protection pursuant to this section shall expire triennially on
1015		-	June thirtieth. Such licenses shall not be transferable.
1016		-	(e) In accordance with a hearing held pursuant to chapter 54, the
1017		-	Commissioner of Consumer Protection may deny, suspend or revoke a
1018		-	manufacturer license, issue fines of not more than two thousand five
1019		-	hundred dollars per violation and place conditions upon a
1020		-	manufacturer licensee who violates the provisions of this section and
1021		-	any regulation adopted pursuant to this section.
1022		-	(f) (1) Any individual who manufactures in this state without
1023		-	obtaining a license pursuant to this section or who manufactures in this Substitute House Bill No. 5235
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1024	782
1025		-	Public Act No. 24-115 33 of 42
	783	+	of Consumer Protection and the Department of Agriculture, in writing, 638
	784	+	of such adulterated product. Such adulterated product shall be 639
	785	+	destroyed and disposed of by the following method, as determined by 640
	786	+	the Commissioner of Consumer Protection: 641
	787	+	(A) Surrender, without compensation, of such hemp or hemp product 642
	788	+	to the Commissioner of Consumer Protection who shall be responsible 643
	789	+	for the destruction and disposal of such adulterated product; or 644
	790	+	(B) By disposal in a manner prescribed by the Commissioner of 645
	791	+	Consumer Protection. 646
	792	+	(2) Notwithstanding the provisions of subdivision (1) of this 647
	793	+	subsection, upon written request of a manufacturer, the Commissioner 648
	794	+	of Consumer Protection may permit such manufacturer to combine 649
	795	+	different batches of raw hemp plant material to achieve a THC 650
	796	+	concentration of 0.3 per cent on a dry weight basis, in lieu of embargo 651
	797	+	or destruction. 652
	798	+	(j) The manufacturer or manufacturer's authorized designee 653
	799	+	disposing of the hemp or hemp products shall maintain and make 654
	800	+	available to the Commissioner of Consumer Protection a record of each 655
	801	+	such disposal or destruction of product indicating: 656
	802	+	(1) The date, time and location of disposal or destruction; 657
	803	+	(2) The manner of disposal or destruction; 658
	804	+	(3) The batch or lot information and quantity of hemp or hemp 659
	805	+	product disposed of or destroyed; and 660
	806	+	(4) The signatures of the persons disposing of the hemp or hemp 661
	807	+	products, the authorized representative of the Commissioner of 662
	808	+	Consumer Protection and any other persons present during the 663
	809	+	disposal. 664
	810	+	(k) Any hemp intended to be manufactured by a manufacturer into a 665 Substitute Bill No. 5235
1026	811
1027		-	state after such entity's license is suspended or revoked shall be fined
1028		-	two hundred fifty dollars in accordance with the provisions of section
1029		-	51-164n.
1030		-	(2) Any entity who manufactures in this state without obtaining a
1031		-	license pursuant to this section, or who manufactures in this state after
1032		-	having a license suspended, shall be fined not more than two thousand
1033		-	five hundred dollars per violation after a hearing conducted in
1034		-	accordance with the provisions of chapter 54.
1035		-	(g) Nothing in this chapter or any regulations adopted pursuant to
1036		-	this chapter shall be construed to apply to persons licensed pursuant to
1037		-	section 21a-408i nor to require persons licensed pursuant to said section
1038		-	to obtain a license pursuant to this chapter.
1039		-	(h) The Commissioner of Consumer Protection may inspect and shall
1040		-	have access to the buildings, equipment, supplies, vehicles, records, real
1041		-	property and other information of any manufacturer applicant or
1042		-	licensee that the commissioner deems necessary to carry out the
1043		-	commissioner's duties pursuant to this section.
1044		-	(i) (1) Each manufacturer shall follow the protocol in this subsection
1045		-	for disposing of cannabis in the event that any hemp or hemp product
1046		-	is deemed to exceed the prescribed THC concentration, as determined
1047		-	by the Commissioner of Consumer Protection, or a manufacturer
1048		-	licensee in possession of hemp or hemp products who desires to dispose
1049		-	of obsolete, misbranded, excess or otherwise undesired product. Each
1050		-	manufacturer licensee shall be responsible for all costs of disposal of
1051		-	hemp samples and any hemp produced by such licensee that violates
1052		-	the provisions of this section or any regulation adopted pursuant to this
1053		-	section. Any cannabis that exceeds the prescribed THC concentration
1054		-	allowable in hemp or hemp products shall be immediately embargoed
1055		-	by such manufacturer and clearly labeled as adulterated by such
1056		-	licensee and such licensee shall immediately notify both the Department Substitute House Bill No. 5235
1057	812
1058		-	Public Act No. 24-115 34 of 42
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1059	816
1060		-	of Consumer Protection and the Department of Agriculture, in writing,
1061		-	of such adulterated product. Such adulterated product shall be
1062		-	destroyed and disposed of by the following method, as determined by
1063		-	the Commissioner of Consumer Protection:
1064		-	(A) Surrender, without compensation, of such hemp or hemp product
1065		-	to the Commissioner of Consumer Protection who shall be responsible
1066		-	for the destruction and disposal of such adulterated product; or
1067		-	(B) By disposal in a manner prescribed by the Commissioner of
1068		-	Consumer Protection.
1069		-	(2) Notwithstanding the provisions of subdivision (1) of this
1070		-	subsection, upon written request of a manufacturer, the Commissioner
1071		-	of Consumer Protection may permit such manufacturer to combine
1072		-	different batches of raw hemp plant material to achieve a THC
1073		-	concentration of 0.3 per cent on a dry weight basis, in lieu of embargo
1074		-	or destruction.
1075		-	(j) The manufacturer or manufacturer's authorized designee
1076		-	disposing of the hemp or hemp products shall maintain and make
1077		-	available to the Commissioner of Consumer Protection a record of each
1078		-	such disposal or destruction of product indicating:
1079		-	(1) The date, time and location of disposal or destruction;
1080		-	(2) The manner of disposal or destruction;
1081		-	(3) The batch or lot information and quantity of hemp or hemp
1082		-	product disposed of or destroyed; and
1083		-	(4) The signatures of the persons disposing of the hemp or hemp
1084		-	products, the authorized representative of the Commissioner of
1085		-	Consumer Protection and any other persons present during the
1086		-	disposal. Substitute House Bill No. 5235
	817	+	manufacturer hemp product shall be tested by an independent testing 666
	818	+	laboratory located in this state. A manufacturer licensee shall make 667
	819	+	available samples, in an amount and type determined by the 668
	820	+	Commissioner of Consumer Protection, of hemp for an independent 669
	821	+	testing laboratory employee to select random samples. The independent 670
	822	+	testing laboratory shall test each sample in accordance with the 671
	823	+	laboratory testing standards established in policies, procedures and 672
	824	+	regulations adopted by the commissioner pursuant to section 21a-421j, 673
	825	+	as amended by this act. 674
	826	+	(l) Once a batch of hemp, intended to be sold as a manufacturer hemp 675
	827	+	product, has been homogenized for sample testing and eventual 676
	828	+	packaging and sale, until the independent testing laboratory provides 677
	829	+	the results from its tests and analysis, the manufacturer shall segregate 678
	830	+	and withhold from use the entire batch of hemp that is intended for use 679
	831	+	as a manufacturer hemp product, except the samples that have been 680
	832	+	removed by the independent testing laboratory for testing. During this 681
	833	+	period of segregation, the manufacturer licensee shall maintain the 682
	834	+	hemp batch in a secure, cool and dry location, as prescribed by the 683
	835	+	Commissioner of Consumer Protection, so as to prevent the hemp from 684
	836	+	becoming adulterated. Such manufacturer shall not manufacture or sell 685
	837	+	a manufacturer hemp product prior to the time that the independent 686
	838	+	testing laboratory completes testing and analysis and provides such 687
	839	+	results, in writing, to the manufacturer licensee who initiated such 688
	840	+	testing. 689
	841	+	(m) An independent testing laboratory shall immediately return or 690
	842	+	dispose of any hemp or manufacturer hemp product upon the 691
	843	+	completion of any testing, use or research. If an independent testing 692
	844	+	laboratory disposes of hemp or manufacturer hemp products, the 693
	845	+	laboratory shall dispose of such hemp in the following manner, as 694
	846	+	determined by the Commissioner of Consumer Protection: 695
	847	+	(1) By surrender, without compensation, of such hemp or 696
	848	+	manufacturer hemp product to the Commissioner of Consumer 697
	849	+	Protection who shall be responsible for the destruction and disposal of 698 Substitute Bill No. 5235
1087	850
1088		-	Public Act No. 24-115 35 of 42
1089	851
1090		-	(k) Any hemp intended to be manufactured by a manufacturer into a
1091		-	manufacturer hemp product shall be tested by an independent testing
1092		-	laboratory located in this state. A manufacturer licensee shall make
1093		-	available samples, in an amount and type determined by the
1094		-	Commissioner of Consumer Protection, of hemp for an independent
1095		-	testing laboratory employee to select random samples. The independent
1096		-	testing laboratory shall test each sample in accordance with the
1097		-	laboratory testing standards established in policies, procedures and
1098		-	regulations adopted by the commissioner pursuant to section 21a-421j,
1099		-	as amended by this act.
1100		-	(l) Once a batch of hemp, intended to be sold as a manufacturer hemp
1101		-	product, has been homogenized for sample testing and eventual
1102		-	packaging and sale, until the independent testing laboratory provides
1103		-	the results from its tests and analysis, the manufacturer shall segregate
1104		-	and withhold from use the entire batch of hemp that is intended for use
1105		-	as a manufacturer hemp product, except the samples that have been
1106		-	removed by the independent testing laboratory for testing. During this
1107		-	period of segregation, the manufacturer licensee shall maintain the
1108		-	hemp batch in a secure, cool and dry location, as prescribed by the
1109		-	Commissioner of Consumer Protection, so as to prevent the hemp from
1110		-	becoming adulterated. Such manufacturer shall not manufacture or sell
1111		-	a manufacturer hemp product prior to the time that the independent
1112		-	testing laboratory completes testing and analysis and provides such
1113		-	results, in writing, to the manufacturer licensee who initiated such
1114		-	testing.
1115		-	(m) An independent testing laboratory shall immediately return or
1116		-	dispose of any hemp or manufacturer hemp product upon the
1117		-	completion of any testing, use or research. If an independent testing
1118		-	laboratory disposes of hemp or manufacturer hemp products, the
1119		-	laboratory shall dispose of such hemp in the following manner, as
1120		-	determined by the Commissioner of Consumer Protection: Substitute House Bill No. 5235
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1121	855
1122		-	Public Act No. 24-115 36 of 42
	856	+	such hemp or hemp product; or 699
	857	+	(2) By disposal in a manner prescribed by the Commissioner of 700
	858	+	Consumer Protection. 701
	859	+	(n) If a sample does not pass the microbiological, mycotoxin, heavy 702
	860	+	metal or pesticide chemical residue test, based on the laboratory testing 703
	861	+	standards established in policies, procedures and regulations adopted 704
	862	+	by the Commissioner of Consumer Protection pursuant to section 21a-705
	863	+	421j, as amended by this act, the manufacturer licensee who sent such 706
	864	+	batch for testing shall: 707
	865	+	(1) Retest and reanalyze the hemp from which the sample was taken 708
	866	+	by having an employee from the same laboratory randomly select 709
	867	+	another sample from the same hemp batch. If the sample used to retest 710
	868	+	or reanalyze such hemp yields satisfactory results for all testing 711
	869	+	required under this section, an employee from a different laboratory 712
	870	+	shall randomly select a different sample from the same hemp batch for 713
	871	+	testing. If both samples yield satisfactory results for all testing required 714
	872	+	under this section, the hemp batch from which the samples were taken 715
	873	+	shall be released for manufacturing, processing and sale; 716
	874	+	(2) If a remediation plan sufficient to ensure public health and safety 717
	875	+	is submitted to and approved by the commissioner, remediate the hemp 718
	876	+	batch from which the sample was taken and have a laboratory employee 719
	877	+	randomly select a sample from such remediated hemp batch for testing. 720
	878	+	If such randomly selected sample yields satisfactory results for any 721
	879	+	testing required under this section, an employee from a different 722
	880	+	laboratory shall randomly select a different sample from the same hemp 723
	881	+	batch for testing. If both samples yield satisfactory results for all testing 724
	882	+	required under this section, the hemp batch from which the samples 725
	883	+	were taken may be released for manufacturing, processing or sale; or 726
	884	+	(3) If the manufacturer does not retest or remediate, or if any 727
	885	+	subsequent laboratory testing does not yield satisfactory results for any 728
	886	+	testing required under this section, dispose of the entire batch from 729 Substitute Bill No. 5235
1123	887
1124		-	(1) By surrender, without compensation, of such hemp or
1125		-	manufacturer hemp product to the Commissioner of Consu mer
1126		-	Protection who shall be responsible for the destruction and disposal of
1127		-	such hemp or hemp product; or
1128		-	(2) By disposal in a manner prescribed by the Commissioner of
1129		-	Consumer Protection.
1130		-	(n) If a sample does not pass the microbiological, mycotoxin, heavy
1131		-	metal or pesticide chemical residue test, based on the laboratory testing
1132		-	standards established in policies, procedures and regulations adopted
1133		-	by the Commissioner of Consumer Protection pursuant to section 21a-
1134		-	421j, as amended by this act, the manufacturer licensee who sent such
1135		-	batch for testing shall:
1136		-	(1) Retest and reanalyze the hemp from which the sample was taken
1137		-	by having an employee from the same laboratory randomly select
1138		-	another sample from the same hemp batch. If the sample used to retest
1139		-	or reanalyze such hemp yields satisfactory results for all testing
1140		-	required under this section, an employee from a different laboratory
1141		-	shall randomly select a different sample from the same hemp batch for
1142		-	testing. If both samples yield satisfactory results for all testing required
1143		-	under this section, the hemp batch from which the samples were taken
1144		-	shall be released for manufacturing, processing and sale;
1145		-	(2) If a remediation plan sufficient to ensure public health and safety
1146		-	is submitted to and approved by the commissioner, remediate the hemp
1147		-	batch from which the sample was taken and have a laboratory employee
1148		-	randomly select a sample from such remediated hemp batch for testing.
1149		-	If such randomly selected sample yields satisfactory results for any
1150		-	testing required under this section, an employee from a different
1151		-	laboratory shall randomly select a different sample from the same hemp
1152		-	batch for testing. If both samples yield satisfactory results for all testing
1153		-	required under this section, the hemp batch from which the samples Substitute House Bill No. 5235
1154	888
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1156	892
1157		-	were taken may be released for manufacturing, processing or sale; or
1158		-	(3) If the manufacturer does not retest or remediate, or if any
1159		-	subsequent laboratory testing does not yield satisfactory results for any
1160		-	testing required under this section, dispose of the entire batch from
1161		-	which the sample was taken in accordance with procedures established
1162		-	by the Commissioner of Consumer Protection pursuant to subdivision
1163		-	(1) of subsection (i) of this section.
1164		-	(o) If a sample passes the microbiological, mycotoxin, heavy metal
1165		-	and pesticide chemical residue test, the independent testing laboratory
1166		-	shall release the entire batch for manufacturing, processing or sale.
1167		-	(p) The independent testing laboratory shall file with the Department
1168		-	of Consumer Protection an electronic copy of each laboratory test result
1169		-	for any batch that does not pass the microbiological, mycotoxin, heavy
1170		-	metal or pesticide chemical residue test, at the same time that it
1171		-	transmits such results to the manufacturer licensee who requested such
1172		-	testing. Each independent testing laboratory shall maintain the test
1173		-	results of each tested batch for a period of three years and shall make
1174		-	such results available to the Department of Consumer Protection upon
1175		-	request.
1176		-	(q) Manufacturers shall maintain records required by the federal act,
1177		-	this section, any regulation adopted pursuant to this section and the
1178		-	policies, procedures and regulations adopted by the Commissioner of
1179		-	Consumer Protection pursuant to section 21a-421j, as amended by this
1180		-	act. Each manufacturer shall make such records available to the
1181		-	Department of Consumer Protection immediately upon request and in
1182		-	electronic format, if available.
1183		-	(r) The Commissioner of Consumer Protection may adopt
1184		-	regulations, in accordance with the provisions of chapter 54, to
1185		-	implement the provisions of this section including, but not limited to, Substitute House Bill No. 5235
	893	+	which the sample was taken in accordance with procedures established 730
	894	+	by the Commissioner of Consumer Protection pursuant to subdivision 731
	895	+	(1) of subsection (i) of this section. 732
	896	+	(o) If a sample passes the microbiological, mycotoxin, heavy metal 733
	897	+	and pesticide chemical residue test, the independent testing laboratory 734
	898	+	shall release the entire batch for manufacturing, processing or sale. 735
	899	+	(p) The independent testing laboratory shall file with the Department 736
	900	+	of Consumer Protection an electronic copy of each laboratory test result 737
	901	+	for any batch that does not pass the microbiological, mycotoxin, heavy 738
	902	+	metal or pesticide chemical residue test, at the same time that it 739
	903	+	transmits such results to the manufacturer licensee who requested such 740
	904	+	testing. Each independent testing laboratory shall maintain the test 741
	905	+	results of each tested batch for a period of three years and shall make 742
	906	+	such results available to the Department of Consumer Protection upon 743
	907	+	request. 744
	908	+	(q) Manufacturers shall maintain records required by the federal act, 745
	909	+	this section, any regulation adopted pursuant to this section and the 746
	910	+	policies, procedures and regulations adopted by the Commissioner of 747
	911	+	Consumer Protection pursuant to section 21a-421j, as amended by this 748
	912	+	act. Each manufacturer shall make such records available to the 749
	913	+	Department of Consumer Protection immediately upon request and in 750
	914	+	electronic format, if available. 751
	915	+	(r) The Commissioner of Consumer Protection ma y adopt 752
	916	+	regulations, in accordance with the provisions of chapter 54, to 753
	917	+	implement the provisions of this section including, but not limited to, 754
	918	+	establishing sampling and testing procedures to ensure compliance 755
	919	+	with this section, prescribing storage and disposal procedures for hemp, 756
	920	+	marijuana and manufacturer hemp products that fail to pass 757
	921	+	Department of Consumer Protection prescribed independent testing 758
	922	+	laboratory testing standards and establishing advertising and labeling 759
	923	+	requirements for manufacturer hemp products. 760 Substitute Bill No. 5235
1186	924
1187		-	Public Act No. 24-115 38 of 42
1188	925
1189		-	establishing sampling and testing procedures to ensure compliance
1190		-	with this section, prescribing storage and disposal procedures for hemp,
1191		-	marijuana and manufacturer hemp products that fail to pass
1192		-	Department of Consumer Protection prescribed independent testing
1193		-	laboratory testing standards and establishing advertising and labeling
1194		-	requirements for manufacturer hemp products.
1195		-	(s) Any claim of health impacts, medical effects or physical or mental
1196		-	benefits shall be prohibited on any advertising for, labeling of or
1197		-	marketing of manufacturer hemp products regardless of whether such
1198		-	manufacturer hemp products were manufactured in this state or
1199		-	another jurisdiction. Any violation of this subsection shall be deemed an
1200		-	unfair or deceptive trade practice under subsection (a) of section 42-
1201		-	110b.
1202		-	(t) Not later than February 1, 2020, the Commissioners of Agriculture
1203		-	and Consumer Protection shall submit a report, in accordance with
1204		-	section 11-4a, to the joint standing committee of the general assembly
1205		-	having cognizance of matters relating to the environment on the status
1206		-	of the pilot program, the development of the state plan and any
1207		-	regulations for such pilot program or state plan. Such report shall also
1208		-	include any legislative recommendations, including, but not limited to,
1209		-	any recommendations for requiring the registration of any
1210		-	manufacturer hemp product offered for sale in this state.
1211		-	(u) (1) Any person who sells manufacturer hemp products shall not
1212		-	be required to be licensed, provided such person only engages in: (A)
1213		-	The retail or wholesale sale of manufacturer hemp products in which no
1214		-	further manufacturing of hemp occurs, provided such manufacturer
1215		-	hemp products are acquired from a person authorized to manufacture
1216		-	the manufacturer hemp products under the laws of this state or another
1217		-	state, territory or possession of the United States or another sovereign
1218		-	entity; (B) the acquisition of manufacturer hemp products for the sole
1219		-	purpose of product distribution for resale; and (C) the retail sale of Substitute House Bill No. 5235
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1220	929
1221		-	Public Act No. 24-115 39 of 42
	930	+	(s) Any claim of health impacts, medical effects or physical or mental 761
	931	+	benefits shall be prohibited on any advertising for, labeling of or 762
	932	+	marketing of manufacturer hemp products regardless of whether such 763
	933	+	manufacturer hemp products were manufactured in this state or 764
	934	+	another jurisdiction. Any violation of this subsection shall be deemed an 765
	935	+	unfair or deceptive trade practice under subsection (a) of section 42-766
	936	+	110b. 767
	937	+	(t) Not later than February 1, 2020, the Commissioners of Agriculture 768
	938	+	and Consumer Protection shall submit a report, in accordance with 769
	939	+	section 11-4a, to the joint standing committee of the general assembly 770
	940	+	having cognizance of matters relating to the environment on the status 771
	941	+	of the pilot program, the development of the state plan and any 772
	942	+	regulations for such pilot program or state plan. Such report shall also 773
	943	+	include any legislative recommendations, including, but not limited to, 774
	944	+	any recommendations for requiring the registration of any 775
	945	+	manufacturer hemp product offered for sale in this state. 776
	946	+	(u) (1) Any person who sells manufacturer hemp products shall not 777
	947	+	be required to be licensed, provided such person only engages in: (A) 778
	948	+	The retail or wholesale sale of manufacturer hemp products in which no 779
	949	+	further manufacturing of hemp occurs, provided such manufacturer 780
	950	+	hemp products are acquired from a person authorized to manufacture 781
	951	+	the manufacturer hemp products under the laws of this state or another 782
	952	+	state, territory or possession of the United States or another sovereign 783
	953	+	entity; (B) the acquisition of manufacturer hemp products for the sole 784
	954	+	purpose of product distribution for resale; and (C) the retail sale of 785
	955	+	manufacturer hemp products that is authorized under federal or state 786
	956	+	law. 787
	957	+	(2) The Commissioner of Consumer Protection or Commissioner of 788
	958	+	Revenue Services may, pursuant to section 4-182, summarily suspend 789
	959	+	any credential the Department of Consumer Protection or Department 790
	960	+	of Revenue Services issued to any person who sells manufacturer hemp 791
	961	+	products in violation of subdivision (1) of this subsection or subsections 792
	962	+	(v) to (y), inclusive, of this section. 793 Substitute Bill No. 5235
1222	963
1223		-	manufacturer hemp products that is authorized under federal or state
1224		-	law.
1225		-	(2) The Commissioner of Consumer Protection or Commissioner of
1226		-	Revenue Services may, pursuant to section 4-182, summarily suspend
1227		-	any credential the Department of Consumer Protection or Department
1228		-	of Revenue Services issued to any person who sells manufacturer hemp
1229		-	products in violation of subdivision (1) of this subsection or subsections
1230		-	(v) to (y), inclusive, of this section.
1231		-	(v) No manufacturer hemp product offered for sale in this state, or to
1232		-	a consumer in this state, shall contain any synthetic cannabinoid, as
1233		-	defined in section 21a-240, as amended by this act.
1234		-	(w) No manufacturer hemp product offered for sale in this state, or
1235		-	to a consumer in this state, shall be packaged, presented or advertised
1236		-	in a manner that is likely to mislead a consumer by incorporating any
1237		-	statement, brand, design, representation, picture, illustration or other
1238		-	depiction that: (1) Bears a reasonable resemblance to trademarked or
1239		-	characteristic packaging of (A) cannabis offered for sale (i) in this state
1240		-	by a cannabis establishment licensed in this state, or (ii) on tribal land
1241		-	by a tribal-credentialed cannabis entity, or (B) a commercially available
1242		-	product other than a cannabis product, as defined in section 21a-420; or
1243		-	(2) implies that the manufacturer hemp product (A) is a cannabis
1244		-	product, as defined in section 21a-420, (B) contains a total THC
1245		-	concentration greater than three-tenths per cent on a dry-weight basis,
1246		-	or (C) is a high-THC hemp product, as defined in section 21a-240, as
1247		-	amended by this act.
1248		-	(x) No manufacturer hemp product that is a food, beverage, oil or
1249		-	other product intended for human ingestion shall be distributed or sold
1250		-	in this state unless such product is contained within a package, or a label
1251		-	is affixed to such package, that includes: Substitute House Bill No. 5235
1252	964
1253		-	Public Act No. 24-115 40 of 42
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	967	+	27 of 30
1254	968
1255		-	(1) A scannable barcode, Internet web site address or quick response
1256		-	code that is linked to the certificate of analysis of the final form product
1257		-	batch by an independent testing laboratory and discloses:
1258		-	(A) The name of such product;
1259		-	(B) The name, address and telephone number of such product's
1260		-	manufacturer, packer and distributor, as applicable;
1261		-	(C) The batch number, which shall match the batch number on such
1262		-	package or label; and
1263		-	(D) The concentration of cannabinoids present in such product,
1264		-	including, but not limited to, total THC and any cannabinoids or active
1265		-	ingredients comprising at least one per cent of such product;
1266		-	(2) The expiration or best by date for such product, if applicable;
1267		-	(3) A clear and conspicuous statement disclosing that:
1268		-	(A) Children, or those who are pregnant or breastfeeding, should
1269		-	avoid using such product prior to consulting with a health care
1270		-	professional concerning such product's safety;
1271		-	(B) Products containing cannabinoids should be kept out of reach of
1272		-	children; and
1273		-	(C) The federal Food and Drug Administration has not evaluated
1274		-	such product for safety or efficacy; and
1275		-	(4) If such product is intended to be inhaled, a clear and conspicuous
1276		-	warning statement disclosing that smoking or vaporizing is hazardous
1277		-	to human health.
1278		-	(y) No manufacturer hemp product that is a topical, soap or cosmetic,
1279		-	as defined in section 21a-92, shall be distributed or sold in this state Substitute House Bill No. 5235
	969	+	(v) No manufacturer hemp product offered for sale in this state, or to 794
	970	+	a consumer in this state, shall contain any synthetic cannabinoid, as 795
	971	+	defined in section 21a-240, as amended by this act. 796
	972	+	(w) No manufacturer hemp product offered for sale in this state, or 797
	973	+	to a consumer in this state, shall be packaged, presented or advertised 798
	974	+	in a manner that is likely to mislead a consumer by incorporating any 799
	975	+	statement, brand, design, representation, picture, illustration or other 800
	976	+	depiction that: (1) Bears a reasonable resemblance to trademarked or 801
	977	+	characteristic packaging of (A) cannabis offered for sale (i) in this state 802
	978	+	by a cannabis establishment licensed in this state, or (ii) on tribal land 803
	979	+	by a tribal-credentialed cannabis entity, or (B) a commercially available 804
	980	+	product other than a cannabis product, as defined in section 21a-420; or 805
	981	+	(2) implies that the manufacturer hemp product (A) is a cannabis 806
	982	+	product, as defined in section 21a-420, (B) contains a total THC 807
	983	+	concentration greater than three-tenths per cent on a dry-weight basis, 808
	984	+	or (C) is a high-THC hemp product, as defined in section 21a-240, as 809
	985	+	amended by this act. 810
	986	+	(x) No manufacturer hemp product that is a food, beverage, oil or 811
	987	+	other product intended for human ingestion shall be distributed or sold 812
	988	+	in this state unless such product is contained within a package, or a label 813
	989	+	is affixed to such package, that includes: 814
	990	+	(1) A scannable barcode, Internet web site address or quick response 815
	991	+	code that is linked to the certificate of analysis of the final form product 816
	992	+	batch by an independent testing laboratory and discloses: 817
	993	+	(A) The name of such product; 818
	994	+	(B) The name, address and telephone number of such product's 819
	995	+	manufacturer, packer and distributor, as applicable; 820
	996	+	(C) The batch number, which shall match the batch number on such 821
	997	+	package or label; and 822
	998	+	(D) The concentration of cannabinoids present in such product, 823 Substitute Bill No. 5235
1280	999
1281		-	Public Act No. 24-115 41 of 42
1282	1000
1283		-	unless such product is contained within a package, or a label is affixed
1284		-	to such package, that includes:
1285		-	(1) A scannable barcode, Internet web site address or quick response
1286		-	code that is linked to the certificate of analysis of the final form extract
1287		-	or final form product batch by an independent testing laboratory and
1288		-	discloses:
1289		-	(A) The name of such product;
1290		-	(B) The name, address and telephone number of such product's
1291		-	manufacturer, packer and distributor, as applicable;
1292		-	(C) The batch number, which shall match the batch number on such
1293		-	package or label; and
1294		-	(D) The concentration of cannabinoids present in such batch,
1295		-	including, but not limited to, total THC and any marketed cannabinoids;
1296		-	(2) The expiration or best by date for such product, if applicable; and
1297		-	(3) A clear and conspicuous statement disclosing the following:
1298		-	"THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY
1299		-	OR EFFICACY.".
1300		-	(z) Any violation of subsections (u) to (y), inclusive, of this section
1301		-	shall be deemed an unfair or deceptive trade practice under subsection
1302		-	(a) of section 42-110b.
1303		-	(aa) Not later than October 31, 2023, the Department of Emergency
1304		-	Services and Public Protection shall, in consultation with the
1305		-	Department of Consumer Protection, publish a training bulletin to
1306		-	inform local law enforcement agencies and officers regarding the
1307		-	investigation and enforcement standards concerning cannabis and high-
1308		-	THC hemp products. Substitute House Bill No. 5235
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	1003	+	28 of 30
1309	1004
1310		-	Public Act No. 24-115 42 of 42
	1005	+	including, but not limited to, total THC and any cannabinoids or active 824
	1006	+	ingredients comprising at least one per cent of such product; 825
	1007	+	(2) The expiration or best by date for such product, if applicable; 826
	1008	+	(3) A clear and conspicuous statement disclosing that: 827
	1009	+	(A) Children, or those who are pregnant or breastfeeding, should 828
	1010	+	avoid using such product prior to consulting with a health care 829
	1011	+	professional concerning such product's safety; 830
	1012	+	(B) Products containing cannabinoids should be kept out of reach of 831
	1013	+	children; and 832
	1014	+	(C) The federal Food and Drug Administration has not evaluated 833
	1015	+	such product for safety or efficacy; and 834
	1016	+	(4) If such product is intended to be inhaled, a clear and conspicuous 835
	1017	+	warning statement disclosing that smoking or vaporizing is hazardous 836
	1018	+	to human health. 837
	1019	+	(y) No manufacturer hemp product that is a topical, soap or cosmetic, 838
	1020	+	as defined in section 21a-92, shall be distributed or sold in this state 839
	1021	+	unless such product is contained within a package, or a label is affixed 840
	1022	+	to such package, that includes: 841
	1023	+	(1) A scannable barcode, Internet web site address or quick response 842
	1024	+	code that is linked to the certificate of analysis of the final form extract 843
	1025	+	or final form product batch by an independent testing laboratory and 844
	1026	+	discloses: 845
	1027	+	(A) The name of such product; 846
	1028	+	(B) The name, address and telephone number of such product's 847
	1029	+	manufacturer, packer and distributor, as applicable; 848
	1030	+	(C) The batch number, which shall match the batch number on such 849
	1031	+	package or label; and 850 Substitute Bill No. 5235
1311	1032
1312		-	(bb) Notwithstanding any provision of the general statutes: (1) CBD
1313		-	that is found in manufacturer hemp products shall not be considered a
1314		-	controlled substance, as defined in section 21a-240, as amended by this
1315		-	act, or legend drug, as defined in section 20-571; and (2) CBD derived
1316		-	from hemp and contained in manufacturer hemp products shall not be
1317		-	considered a controlled substance or adulterant.
1318		-	(cc) Nothing in this section shall be construed to prohibit the
1319		-	shipment or transportation through this state of any hemp that is
1320		-	lawfully produced under federal law.
	1033	+
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	1036	+	29 of 30
	1037	+
	1038	+	(D) The concentration of cannabinoids present in such batch, 851
	1039	+	including, but not limited to, total THC and any marketed cannabinoids; 852
	1040	+	(2) The expiration or best by date for such product, if applicable; and 853
	1041	+	(3) A clear and conspicuous statement disclosing the following: 854
	1042	+	"THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY 855
	1043	+	OR EFFICACY.". 856
	1044	+	(z) Any violation of subsections (u) to (y), inclusive, of this section 857
	1045	+	shall be deemed an unfair or deceptive trade practice under subsection 858
	1046	+	(a) of section 42-110b. 859
	1047	+	(aa) Not later than October 31, 2023, the Department of Emergency 860
	1048	+	Services and Public Protection shall, in consultation with the 861
	1049	+	Department of Consumer Protection, publish a training bulletin to 862
	1050	+	inform local law enforcement agencies and officers regarding the 863
	1051	+	investigation and enforcement standards concerning cannabis and high-864
	1052	+	THC hemp products. 865
	1053	+	(bb) Notwithstanding any provision of the general statutes: (1) CBD 866
	1054	+	that is found in manufacturer hemp products shall not be considered a 867
	1055	+	controlled substance, as defined in section 21a-240, as amended by this 868
	1056	+	act, or legend drug, as defined in section 20-571; and (2) CBD derived 869
	1057	+	from hemp and contained in manufacturer hemp products shall not be 870
	1058	+	considered a controlled substance or adulterant. 871
	1059	+	(cc) Nothing in this section shall be construed to prohibit shipment or 872
	1060	+	transportation through this state of any hemp that is lawfully produced 873
	1061	+	under federal law. 874
	1062	+	This act shall take effect as follows and shall amend the following
	1063	+	sections:
	1064	+
	1065	+	Section 1 from passage 21a-240
	1066	+	Sec. 2 from passage 21a-243(j)
	1067	+	Sec. 3 from passage 21a-421j(b)(5)(N) Substitute Bill No. 5235
	1068	+
	1069	+
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	1072	+	30 of 30
	1073	+
	1074	+	Sec. 4 from passage 21a-421aa
	1075	+	Sec. 5 from passage 21a-421dd(a)
	1076	+	Sec. 6 from passage 22-61m
	1077	+
	1078	+	GL Joint Favorable Subst.
1321	1079