Substitute House Bill No. 5235
Public Act No. 24-115
AN ACT CONCERNING THE DEPARTMENT OF CONSUMER
PROTECTION'S RECOMMENDATIONS REGARDING CANNABIS
REGULATION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 21a-240 of the 2024 supplement to the general
statutes is repealed and the following is substituted in lieu thereof
(Effective from passage):
The following words and phrases, as used in this chapter, shall have
the following meanings, unless the context otherwise requires:
(1) "Abuse of drugs" means the use of controlled substances solely for
their stimulant, depressant or hallucinogenic effect upon the higher
functions of the central nervous system and not as a therapeutic agent
prescribed in the course of medical treatment or in a program of
research operated under the direction of a physician or pharmacologist.
(2) "Administer" means the direct application of a controlled
substance, whether by injection, inhalation, ingestion or any other
means, to the body of a patient or research subject by: (A) A practitioner,
or, in the practitioner's presence, by the practitioner's authorized agent;
[, or] (B) the patient or research subject at the direction and in the
presence of the practitioner; [,] or (C) a nurse or intern under the Substitute House Bill No. 5235
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direction and supervision of a practitioner.
(3) "Agent" means an authorized person who acts on behalf of or at
the direction of a manufacturer, distributor, dispenser or prescribing
practitioner, but does not include a common or contract carrier, public
warehouseman [,] or employee of the carrier or warehouseman.
(4) "Amphetamine-type substances" include amphetamine, optical
isomers thereof, salts of amphetamine and its isomers, and chemical
compounds which are similar thereto in chemical structure or which are
similar thereto in physiological effect, and which show a like potential
for abuse, which are controlled substances under this chapter unless
modified.
(5) "Barbiturate-type drugs" include barbituric acid and its salts,
derivatives thereof and chemical compounds which are similar thereto
in chemical structure or which are similar thereto in physiological effect,
and which show a like potential for abuse, which are controlled
substances under this chapter unless modified.
(6) "Bureau" means the Bureau of Narcotics and Dangerous Drugs,
United States Department of Justice, or its successor agency.
(7) "Cannabis-type substances" include all parts of any plant, or
species of the genus cannabis or any infra specific taxon thereof whether
growing or not; [the seeds thereof;] the resin extracted from any part of
such a plant; and every compound, manufacture, salt, derivative,
mixture or preparation of such plant, [its seeds] or its resin; but shall not
include the mature stalks of such plant, fiber produced from such stalks,
oil or cake made from the seeds of such plant, any other compound,
manufacture, salt, derivative, mixture or preparation of such mature
stalks, except the resin extracted therefrom, fiber, oil or cake, the
[sterilized] seed of such plant, [which is incapable of germination,] or
hemp, as defined in 7 USC 1639o, as amended from time to time. Substitute House Bill No. 5235
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Included are cannabinon, cannabinol, cannabidiol and chemical
compounds which are similar to cannabinon, cannabinol or cannabidiol
in chemical structure or which are similar thereto in physiological effect,
and which show a like potential for abuse, which are controlled
substances under this chapter unless derived from hemp, as defined in
section 22-61l.
(8) "Controlled drugs" are those drugs which contain any quantity of
a substance which has been designated as subject to the federal
Controlled Substances Act, or which has been designated as a
depressant or stimulant drug pursuant to federal food and drug laws,
or which has been designated by the Commissioner of Consumer
Protection pursuant to section 21a-243, as amended by this act, as
having a stimulant, depressant or hallucinogenic effect upon the higher
functions of the central nervous system and as having a tendency to
promote abuse or psychological or physiological dependence, or both.
Such controlled drugs are classifiable as amphetamine -type,
barbiturate-type, cannabis-type, cocaine-type, hallucinogenic,
morphine-type and other stimulant and depressant drugs. Specifically
excluded from controlled drugs and controlled substances are alcohol,
nicotine and caffeine.
(9) "Controlled substance" means a drug, substance [,] or immediate
precursor in schedules I to V, inclusive, of the Connecticut controlled
substance scheduling regulations adopted pursuant to section 21a-243,
as amended by this act.
(10) "Counterfeit substance" means a controlled substance which, or
the container or labeling of which, without authorization, bears the
trademark, trade name or other identifying mark, imprint, number or
device, or any likeness thereof, of a manufacturer, distributor or
dispenser other than the person who in fact manufactured, distributed
or dispensed the substance. Substitute House Bill No. 5235
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(11) "Deliver or delivery" means the actual, constructive or attempted
transfer from one person to another of a controlled substance, whether
or not there is an agency relationship.
(12) "Dentist" means a person authorized by law to practice dentistry
in this state.
(13) "Dispense" means to deliver a controlled substance to an ultimate
user or research subject by or pursuant to the lawful order of a
practitioner, including the prescribing, administering, packaging,
labeling or compounding necessary to prepare the substance for the
delivery.
(14) "Dispenser" means a practitioner who dispenses.
(15) "Distribute" means to deliver other than by administering or
dispensing a controlled substance.
(16) "Distributor" means a person who distributes and includes a
wholesaler who is a person supplying or distributing controlled drugs
which the person personally has not produced or prepared to hospitals,
clinics, practitioners, pharmacies, other wholesalers, manufacturers and
federal, state and municipal agencies.
(17) "Drug" means: (A) [substances] Substances recognized as drugs
in the official United States Pharmacopoeia, official Homeopathic
Pharmacopoeia of the United States, or official National Formulary, or
any supplement to any of them; (B) substances intended for use in the
diagnosis, cure, mitigation, treatment or prevention of disease in man
or animals; (C) substances, other than food, intended to affect the
structure or any function of the body of man or animals; and (D)
substances intended for use as a component of any article specified in
subparagraph (A), (B) or (C) of this subdivision. [It] "Drug" does not
include devices or their components, parts or accessories. Substitute House Bill No. 5235
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(18) "Drug dependence" means a psychoactive substance dependence
on drugs as that condition is defined in the most recent edition of the
"Diagnostic and Statistical Manual of Mental Disorders" of the American
Psychiatric Association.
(19) "Drug-dependent person" means a person who has a
psychoactive substance dependence on drugs as that condition is
defined in the most recent edition of the "Diagnostic and Statistical
Manual of Mental Disorders" of the American Psychiatric Association.
(20) (A) "Drug paraphernalia" means equipment, products and
materials of any kind that are used, intended for use or designed for use
in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packaging, repackaging, storing,
containing or concealing, or ingesting, inhaling or otherwise
introducing into the human body, any controlled substance contrary to
the provisions of this chapter, including, but not limited to: (i) Kits
intended for use or designed for use in planting, propagating,
cultivating, growing or harvesting of any species of plant that is a
controlled substance or from which a controlled substance can be
derived; (ii) kits used, intended for use or designed for use in
manufacturing, compounding, converting, producing, processing or
preparing controlled substances; (iii) isomerization devices used or
intended for use in increasing the potency of any species of plant that is
a controlled substance; (iv) testing equipment used, intended for use or
designed for use in identifying or analyzing the strength, effectiveness
or purity of controlled substances; (v) dilutents and adulterants,
including, but not limited to, quinine hydrochloride, mannitol, mannite,
dextrose and lactose used, intended for use or designed for use in
cutting controlled substances; (vi) separation gins and sifters used,
intended for use or designed for use in removing twigs and seeds from,
or in otherwise cleaning or refining, marijuana; (vii) capsules and other Substitute House Bill No. 5235
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containers used, intended for use or designed for use in packaging small
quantities of controlled substances; (viii) containers and other objects
used, intended for use or designed for use in storing or concealing
controlled substances; and (ix) objects used, intended for use or
designed for use in ingesting, inhaling, or otherwise introducing
marijuana, cocaine, hashish [,] or hashish oil into the human body,
including, but not limited to, wooden, acrylic, glass, stone, plastic or
ceramic pipes with screens, permanent screens, hashish heads or
punctured metal bowls; water pipes; carburetion tubes and devices;
smoking and carburetion masks; roach clips; miniature cocaine spoons
and cocaine vials; chamber pipes; carburetor pipes; electric pipes; air-
driven pipes; chillums; bongs; ice pipes and chillers. "Drug
paraphernalia" does not include a product used by a manufacturer
licensed pursuant to this chapter for the activities permitted under the
license or by an individual to test any substance prior to injection,
inhalation or ingestion of the substance to prevent accidental overdose
by injection, inhalation or ingestion of the substance, provided the
licensed manufacturer or individual is not using the product to engage
in the unlicensed manufacturing or distribution of controlled
substances. As used in this subdivision, "roach clip" means an object
used to hold burning material, including, but not limited to, a marijuana
cigarette, that has become too small or too short to be held between the
fingers.
(B) "Factory" means any place used for the manufacturing, mixing,
compounding, refining, processing, packaging, distributing, storing,
keeping, holding, administering or assembling illegal substances
contrary to the provisions of this chapter, or any building, rooms or
location which contains equipment or paraphernalia used for this
purpose.
(21) "Federal Controlled Substances Act, 21 USC 801 et seq." means
Public Law 91-513, the Comprehensive Drug Abuse Prevention and Substitute House Bill No. 5235
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Control Act of 1970.
(22) "Federal food and drug laws" means the federal Food, Drug and
Cosmetic Act, as amended, Title 21 USC 301 et seq.
(23) "Hallucinogenic substances" are psychodysleptic substances,
other than cannabis-type substances, which assert a confusional or
disorganizing effect upon mental processes or behavior and mimic
acute psychotic disturbances. Exemplary of such drugs are mescaline,
peyote, psilocyn and d-lysergic acid diethylamide, which are controlled
substances under this chapter unless modified.
(24) "Hospital", as used in sections 21a-243 to 21a-283, inclusive, as
amended by this act, means an institution for the care and treatment of
the sick and injured, approved by the Department of Public Health or
the Department of Mental Health and Addiction Services as proper to
be entrusted with the custody of controlled drugs and substances and
professional use of controlled drugs and substances under the direction
of a licensed practitioner.
(25) "Intern" means a person who holds a degree of doctor of
medicine or doctor of dental surgery or medicine and whose period of
service has been recorded with the Department of Public Health and
who has been accepted and is participating in training by a hospital or
institution in this state. Doctors meeting the foregoing requirements and
commonly designated as "residents" and "fellows" shall be regarded as
interns for purposes of this chapter.
(26) "Immediate precursor" means a substance which the
Commissioner of Consumer Protection has found to be, and by
regulation designates as being, the principal compound commonly used
or produced primarily for use, and which is an immediate chemical
intermediary used or likely to be used, in the manufacture of a
controlled substance, the control of which is necessary to prevent, curtail Substitute House Bill No. 5235
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or limit manufacture.
(27) "Laboratory" means a laboratory approved by the Department of
Consumer Protection as proper to be entrusted with the custody of
controlled substances and the use of controlled substances for scientific
and medical purposes and for purposes of instruction, research or
analysis.
(28) "Manufacture" means the production, preparation, cultivation,
growing, propagation, compounding, conversion or processing of a
controlled substance, either directly or indirectly by extraction from
substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis, and
includes any packaging or repackaging of the substance or labeling or
relabeling of its container, except that this term does not include the
preparation or compounding of a controlled substance by an individual
for the individual's own use or the preparation, compounding,
packaging or labeling of a controlled substance: (A) By a practitioner as
an incident to the practitioner administering or dispensing of a
controlled substance in the course of such practitioner's professional
practice; [,] or (B) by a practitioner, or by the practitioner's authorized
agent under such practitioner's supervision, for the purpose of, or as an
incident to, research, teaching or chemical analysis and not for sale.
(29) "Marijuana" means all parts of any plant, or species of the genus
cannabis or any infra specific taxon thereof, whether growing or not;
[the seeds thereof;] the resin extracted from any part of the plant; every
compound, manufacture, salt, derivative, mixture [,] or preparation of
such plant, or its [seeds or] resin; [,] any high-THC hemp product;
manufactured cannabinoids; [, synthetic cannabinoids, except as
provided in subparagraph (E) of this subdivision;] or cannabinon,
cannabinol or cannabidiol and chemical compounds which are similar
to cannabinon, cannabinol or cannabidiol in chemical structure or which
are similar thereto in physiological effect, which are controlled Substitute House Bill No. 5235
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substances under this chapter, except cannabidiol derived from hemp,
as defined in section 22-61l, that is not a high-THC hemp product.
"Marijuana" does not include: (A) The mature stalks of such plant, fiber
produced from such stalks, oil or cake made from the seeds of such
plant, any other compound, manufacture, salt, derivative, mixture or
preparation of such mature stalks, except the resin extracted from such
mature stalks or fiber, oil or cake; (B) the [sterilized] seed of such plant;
[which is incapable of germination;] (C) hemp, as defined in section 22-
61l, (i) with a total THC concentration of not more than three-tenths per
cent on a dry-weight basis, and (ii) that is not a high-THC hemp product;
or (D) any substance approved by the federal Food and Drug
Administration or successor agency as a drug and reclassified in any
schedule of controlled substances or unscheduled by the federal Drug
Enforcement Administration or successor agency which is included in
the same schedule designated by the federal Drug Enforcement
Administration or successor agency. [; or (E) synthetic cannabinoids
which are controlled substances that are designated by the
Commissioner of Consumer Protection, by whatever official, common,
usual, chemical or trade name designation, as controlled substances and
are classified in the appropriate schedule in accordance with
subsections (i) and (j) of section 21a-243.]
(30) "Narcotic substance" means any of the following, whether
produced directly or indirectly by extraction from a substance of
vegetable origin, or independently by means of chemical synthesis, or
by a combination of extraction and chemical synthesis: (A) Morphine-
type: (i) Opium or opiate, or any salt, compound, derivative, or
preparation of opium or opiate which is similar to any such substance
in chemical structure or which is similar to any such substance in
physiological effect and which shows a like potential for abuse, which
is a controlled substance under this chapter unless modified; (ii) any
salt, compound, isomer, derivative, or preparation of any such
substance which is chemically equivalent or identical to any substance Substitute House Bill No. 5235
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referred to in clause (i) of this [subdivision] subparagraph, but not
including the isoquinoline alkaloids of opium; (iii) opium poppy or
poppy straw; or (iv) (I) fentanyl or any salt, compound, derivative or
preparation of fentanyl which is similar to any such substance in
chemical structure or which is similar to any such substance in
physiological effect and which shows a like potential for abuse, which
is a controlled substance under this chapter unless modified, or (II) any
salt, compound, isomer, derivative or preparation of any such substance
which is chemically equivalent or identical to any substance referred to
in subclause (I) of this clause; or (B) cocaine-type; coca leaves or any salt,
compound, derivative or preparation of coca leaves, or any salt,
compound, isomer, derivatives or preparation of any such substance
which is chemically equivalent or identical to any such substance or
which is similar to any such substance in physiological effect and which
shows a like potential for abuse, but not including decocainized coca
leaves or extractions of coca leaves which do not contain cocaine or
ecgonine.
(31) "Nurse" means a person performing nursing as defined in section
20-87a.
(32) "Official written order" means an order for controlled substances
written on a form provided by the bureau for that purpose under the
federal Controlled Substances Act.
(33) "Opiate" means any substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being capable of
conversion into a drug having addiction-forming or addiction-
sustaining liability; it does not include, unless specifically designated as
controlled under this chapter, the dextrorotatory isomer of 3-methoxy-
n-methylmorthinan and its salts (dextro-methorphan) but shall include
its racemic and levorotatory forms.
(34) "Opium poppy" means the plant of the species papaver Substitute House Bill No. 5235
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somniferum l., except its seed.
(35) Repealed by P.A. 99-102, S. 51.
(36) "Other stimulant and depressant drugs" means controlled
substances other than amphetamine-type, barbiturate-type, cannabis-
type, cocaine-type, hallucinogenics and morphine-type which are found
to exert a stimulant and depressant effect upon the higher functions of
the central nervous system and which are found to have a potential for
abuse and are controlled substances under this chapter.
(37) "Person" includes any corporation, limited liability company,
association or partnership, or one or more individuals, government or
governmental subdivisions or agency, business trust, estate, trust, or
any other legal entity. Words importing the plural number may include
the singular; words importing the masculine gender may be applied to
females.
(38) "Pharmacist" means a person authorized by law to practice
pharmacy pursuant to section 20-590, 20-591, 20-592 or 20-593.
(39) "Pharmacy" means an establishment licensed pursuant to section
20-594.
(40) "Physician" means a person authorized by law to practice
medicine in this state pursuant to section 20-9.
(41) "Podiatrist" means a person authorized by law to practice
podiatry in this state.
(42) "Poppy straw" means all parts, except the seeds, of the opium
poppy, after mowing.
(43) "Practitioner" means: (A) A physician, dentist, veterinarian,
podiatrist, scientific investigator or other person licensed, registered or
otherwise permitted to distribute, dispense, conduct research with Substitute House Bill No. 5235
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respect to or to administer a controlled substance in the course of
professional practice or research in this state; and (B) a pharmacy,
hospital or other institution licensed, registered or otherwise permitted
to distribute, dispense, conduct research with respect to or to administer
a controlled substance in the course of professional practice or research
in this state.
(44) "Prescribe" means order or designate a remedy or any
preparation containing controlled substances.
(45) "Prescription" means a written, oral or electronic order for any
controlled substance or preparation from a licensed practitioner to a
pharmacist for a patient.
(46) "Production" includes the manufacture, planting, cultivation,
growing or harvesting of a controlled substance.
(47) "Registrant" means any person licensed by this state and
assigned a current federal Bureau of Narcotics and Dangerous Drug
Registry Number as provided under the federal Controlled Substances
Act.
(48) "Registry number" means the alphabetical or numerical
designation of identification assigned to a person by the federal Drug
Enforcement Administration, or other federal agency, which is
commonly known as the federal registry number.
(49) "Restricted drugs or substances" are the following substances
without limitation and for all purposes: Datura stramonium;
hyoscyamus niger; atropa belladonna, or the alkaloids atropine;
hyoscyamine; belladonnine; apatropine; or any mixture of these
alkaloids such as daturine, or the synthetic homatropine or any salts of
these alkaloids, except that any drug or preparation containing any of
the above-mentioned substances which is permitted by federal food and
drug laws to be sold or dispensed without a prescription or written Substitute House Bill No. 5235
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order shall not be a controlled substance; amyl nitrite; the following
volatile substances to the extent that said chemical substances or
compounds containing said chemical substances are sold, prescribed,
dispensed, compounded, possessed or controlled or delivered or
administered to another person with the purpose that said chemical
substances shall be breathed, inhaled, sniffed or drunk to induce a
stimulant, depressant or hallucinogenic effect upon the higher functions
of the central nervous system: Acetone; benzene; butyl alcohol; butyl
nitrate and its salts, isomers, esters, ethers or their salts; cyclohexanone;
dichlorodifluoromethane; ether; ethyl acetate; formaldehyde; hexane;
isopropanol; methanol; methyl cellosolve acetate; methyl ethyl ketone;
methyl isobutyl ketone; nitrous oxide; pentochlorophenol; toluene;
toluol; trichloroethane; trichloroethylene; 1,4 butanediol.
(50) "Sale" is any form of delivery which includes barter, exchange or
gift, or offer therefor, and each such transaction made by any person
whether as principal, proprietor, agent, servant or employee.
(51) "State", when applied to a part of the United States, includes any
state, district, commonwealth, territory or insular possession thereof,
and any area subject to the legal authority of the United States of
America.
(52) "State food, drug and cosmetic laws" means the Uniform Food,
Drug and Cosmetic Act, section 21a-91 et seq.
(53) "Ultimate user" means a person who lawfully possesses a
controlled substance for the person's own use or for the use of a member
of such person's household or for administering to an animal owned by
such person or by a member of such person's household.
(54) "Veterinarian" means a person authorized by law to practice
veterinary medicine in this state.
(55) "Wholesaler" means a distributor or a person who supplies Substitute House Bill No. 5235
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controlled substances that the person personally has not produced or
prepared to registrants.
(56) "Reasonable times" means the time or times any office, care-
giving institution, pharmacy, clinic, wholesaler, manufacturer,
laboratory, warehouse, establishment, store or place of business, vehicle
or other place is open for the normal affairs or business or the practice
activities usually conducted by the registrant.
(57) "Unit dose drug distribution system" means a drug distribution
system used in a hospital or chronic and convalescent nursing home in
which drugs are supplied in individually labeled unit of use packages,
each patient's supply of drugs is exchanged between the hospital
pharmacy and the drug administration area or, in the case of a chronic
and convalescent nursing home between a pharmacy and the drug
administration area, at least once each twenty-four hours and each
patient's medication supply for this period is stored within a patient-
specific container, all of which is conducted under the direction of a
pharmacist licensed in Connecticut and, in the case of a hospital, directly
involved in the provision and supervision of pharmaceutical services at
such hospital at least thirty-five hours each week.
(58) "Cocaine in a free-base form" means any substance which
contains cocaine, or any compound, isomer, derivative or preparation
thereof, in a nonsalt form.
(59) "THC" means tetrahydrocannabinol, including, but not limited
to, delta-7, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol
and delta-10-tetrahydrocannabinol, and any material, compound,
mixture or preparation which contain their salts, isomers and salts of
isomers, whenever the existence of such salts, isomers and salts of
isomers is possible within the specific chemical designation, regardless
of the source, except: (A) Dronabinol substituted in sesame oil and
encapsulated in a soft gelatin capsule in a federal Food and Drug Substitute House Bill No. 5235
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Administration or successor agency approved product; [,] or (B) any
tetrahydrocannabinol product that has been approved by the federal
Food and Drug Administration or successor agency to have a medical
use and reclassified in any schedule of controlled substances or
unscheduled by the federal Drug Enforcement Administration or
successor agency.
(60) "Total THC" means the sum of the percentage by weight of
tetrahydrocannabinolic acid, multiplied by eight hundred seventy-
seven-thousandths, plus the percentage of weight of THC.
(61) "Manufactured cannabinoid" means cannabinoids [naturally
occurring from a source other than marijuana that are similar in
chemical structure or physiological effect to cannabinoids derived from
marijuana, as defined in section 21a-243, but are derived by a chemical
or biological process] created by directly converting one cannabinoid to
a different cannabinoid through: (A) Application of light or heat; (B)
decarboxylation of naturally occurring acidic forms of cannabinoids; or
(C) an alternate extraction or conversion process approved by the
Department of Consumer Protection and published on the department's
Internet web site.
(62) "Synthetic cannabinoid" (A) means any [material, compound,
mixture or preparation which contains any quantity of a substance
having a psychotropic response primarily by agonist activity at
cannabinoid-specific receptors affecting the central nervous system that
is produced artificially and not derived from an organic source naturally
containing cannabinoids, unless listed in another schedule pursuant to
section 21a-243] substance converted, by a chemical process, to create a
cannabinoid or cannabinoid-like substance that (i) has structural
features which allow interaction with at least one of the known
cannabinoid-specific receptors, or (ii) has any physiological or
psychotropic response on at least one cannabinoid-specific receptor, (B)
includes, but is not limited to, hexahydrocannabinol (HHC and HXC) Substitute House Bill No. 5235
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and hydrox4phc (PHC), and (C) does not include any manufactured
cannabinoid.
(63) "High-THC hemp product" means a manufac turer hemp
product, as defined in section 22-61l, that has, or is advertised, labeled
or offered for sale as having, total THC that exceeds: (A) [for] For a hemp
edible, hemp topical or hemp transdermal patch (i) one milligram on a
per-serving basis, or (ii) five milligrams on a per-container basis; [,] (B)
for a hemp tincture, including, but not limited to, oil intended for
ingestion by swallowing, buccal administration or sublingual
absorption, (i) one milligram on a per-serving basis, or (ii) twenty-five
milligrams on a per-container basis; [,] (C) for a hemp concentrate or
extract, including, but not limited to, a vape oil, wax or shatter, twenty-
five milligrams on a per-container basis; [,] or (D) for a manufacturer
hemp product not described in subparagraph (A), (B) or (C) of this
subdivision, (i) one milligram on a per-serving basis, (ii) five milligrams
on a per-container basis, or (iii) three-tenths per cent on a dry-weight
basis for cannabis flower or cannabis trim.
Sec. 2. Subsection (j) of section 21a-243 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(j) Notwithstanding the provisions of subsection (c) of this section,
the Commissioner of Consumer Protection shall designate the following
substances, by whatever official, common, usual, chemical or trade
name designation, as controlled substances in schedule I of the
controlled substances scheduling regulations:
(1) Mephedrone (4-methylmethcathinone); [and]
(2) Synthetic cannabinoids; and
[(2)] (3) MDPV (3,4-methyenedioxypyrovalerone). Substitute House Bill No. 5235
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Sec. 3. Section 21a-408 of the 2024 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective
October 1, 2024):
As used in this section, sections 21a-408a to 21a-408o, inclusive, [and]
sections 21a-408r to 21a-408v, inclusive, unless the context otherwise
requires:
(1) "Advanced practice registered nurse" means an advanced practice
registered nurse licensed pursuant to chapter 378;
(2) "Cannabis establishment" has the same meaning as provided in
section 21a-420;
(3) "Cannabis testing laboratory" means a person who (A) is located
in this state, (B) is licensed by the department to analyze marijuana, and
(C) meets the licensure requirements established in section 21a-408r and
the regulations adopted pursuant to subsection (d) of section 21a-408r;
(4) "Cannabis testing laboratory employee" means a person who is
(A) employed at a cannabis testing laboratory, and (B) registered
pursuant to section 21a-408r and the regulations adopted pursuant to
subsection (d) of section 21a-408r;
(5) "Caregiver" means a person, other than the qualifying patient and
the qualifying patient's physician, physician assistant or advanced
practice registered nurse, who is eighteen years of age or older and has
agreed to undertake responsibility for managing the well-being of the
qualifying patient with respect to the palliative use of marijuana,
provided (A) in the case of a qualifying patient (i) under eighteen years
of age and not an emancipated minor, or (ii) otherwise lacking legal
capacity, such person shall be a parent, guardian or person having legal
custody of such qualifying patient, and (B) in the case of a qualifying
patient eighteen years of age or older or an emancipated minor, the need
for such person shall be evaluated by the qualifying patient's physician, Substitute House Bill No. 5235
Public Act No. 24-115 18 of 42
physician assistant or advanced practice registered nurse and such need
shall be documented in the written certification;
(6) "Cultivation" includes planting, propagating, cultivating, growing
and harvesting;
(7) "Debilitating medical condition" means (A) cancer, glaucoma,
positive status for human immunodeficiency virus or acquired immune
deficiency syndrome, Parkinson's disease, multiple sclerosis, damage to
the nervous tissue of the spinal cord with objective neurological
indication of intractable spasticity, epilepsy or uncontrolled intractable
seizure disorder, cachexia, wasting syndrome, Crohn's disease,
posttraumatic stress disorder, irreversible spinal cord injury with
objective neurological indication of intractable spasticity, cerebral palsy,
cystic fibrosis or terminal illness requiring end-of-life care, except, if the
qualifying patient is under eighteen years of age, "debilitating medical
condition" means terminal illness requiring end-of-life care, irreversible
spinal cord injury with objective neurological indication of intractable
spasticity, cerebral palsy, cystic fibrosis, severe epilepsy or uncontrolled
intractable seizure disorder, or (B) any medical condition, medical
treatment or disease approved for qualifying patients by the
Department of Consumer Protection and posted online pursuant to
section 21a-408l;
(8) "Dispensary facility" means a place of business where marijuana
may be dispensed, sold or distributed in accordance with this chapter
and any regulations adopted thereunder to qualifying patients and
caregivers and for which the department has issued a dispensary facility
license pursuant to this chapter;
(9) "Employee" has the same meaning as provided in section 21a-420;
(10) "Institutional animal care and use committee" means a committee
that oversees an organization's animal program, facilities and Substitute House Bill No. 5235
Public Act No. 24-115 19 of 42
procedures to ensure compliance with federal policies, guidelines and
principles related to the care and use of animals in research;
(11) "Institutional review board" means a specifically constituted
review body established or designated by an organization to protect the
rights and welfare of persons recruited to participate in biomedical,
behavioral or social science research;
(12) "Licensed dispensary" or "dispensary" means an individual who
is a licensed pharmacist employed by a dispensary facility or hybrid
retailer;
(13) "Marijuana" [means marijuana, as defined] has the same meaning
as provided in section 21a-240, as amended by this act;
(14) "Nurse" means a person who is licensed as a nurse under chapter
378;
(15) "Palliative use" means the acquisition, distribution, transfer,
possession, use or transportation of marijuana or paraphernalia relating
to marijuana, including the transfer of marijuana and paraphernalia
relating to marijuana from the patient's caregiver to the qualifying
patient, to alleviate a qualifying patient's symptoms of a debilitating
medical condition or the effects of such symptoms, but does not include
any such use of marijuana by any person other than the qualifying
patient;
(16) "Paraphernalia" means drug paraphernalia, as defined in section
21a-240, as amended by this act;
(17) "Physician" means a person who is licensed as a physician under
chapter 370;
(18) "Physician assistant" means a person who is licensed as a
physician assistant under chapter 370; Substitute House Bill No. 5235
Public Act No. 24-115 20 of 42
(19) "Producer" means a person who is licensed as a producer
pursuant to section 21a-408i;
(20) "Qualifying patient" means a person who [:] (A) [Is] is a resident
of Connecticut, (B) has been diagnosed by a physician, physician
assistant or advanced practice registered nurse as having a debilitating
medical condition, and (C) (i) is eighteen years of age or older, (ii) is an
emancipated minor, or (iii) has written consent from a custodial parent,
guardian or other person having legal custody of such person that
indicates that such person has permission from such parent, guardian
or other person for the palliative use of marijuana for a debilitating
medical condition and that such parent, guardian or other person will
(I) serve as a caregiver for the qualifying patient, and (II) control the
acquisition and possession of marijuana and any related paraphernalia
for palliative use on behalf of such person. "Qualifying patient" does not
include an inmate confined in a correctional institution or facility under
the supervision of the Department of Correction;
(21) "Research program" means a study approved by the Department
of Consumer Protection in accordance with this chapter and undertaken
to increase information or knowledge regarding the growth or
processing of marijuana, or the medical attributes, dosage forms,
administration or use of marijuana to treat or alleviate symptoms of any
medical conditions or the effects of such symptoms;
(22) "Research program employee" means a person who (A) is
registered as a research program employee under section 21a-408t, or
(B) holds a temporary certificate of registration issued pursuant to
section 21a-408t;
(23) "Research program subject" means a person registered as a
research program subject pursuant to section 21a-408v;
(24) "Usable marijuana" means the dried leaves and flowers of the Substitute House Bill No. 5235
Public Act No. 24-115 21 of 42
marijuana plant, and any mixtures or preparations of such leaves and
flowers, that are appropriate for the palliative use of marijuana, but does
not include the seeds, stalks and roots of the marijuana plant; and
(25) "Written certification" means a written certification issued by a
physician, physician assistant or advanced practice registered nurse
pursuant to section 21a-408c.
Sec. 4. Subsection (d) of section 21a-420n of the 2024 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(d) A cultivator may sell, transfer or transport its cannabis to a
[dispensary facility, hybrid retailer, retailer, food and beverage
manufacturer, product manufacturer] cannabis establishment, research
program [,] or cannabis testing laboratory [or product packager]
utilizing its own employees or a transporter. A cultivator shall not sell,
transfer or deliver to consumers, qualifying patients or caregivers,
directly or through a delivery service.
Sec. 5. Subsection (b) of section 21a-421j of the 2024 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(b) The commissioner shall adopt regulations in accordance with
chapter 54 to implement the provisions of RERACA. Notwithstanding
the requirements of sections 4-168 to 4-172, inclusive, in order to
effectuate the purposes of RERACA and protect public health and
safety, prior to adopting such regulations the commissioner shall issue
policies and procedures to implement the provisions of RERACA that
shall have the force and effect of law. The commissioner shall post all
policies and procedures on the department's Internet web site and
submit such policies and procedures to the Secretary of the State for
posting on the eRegulations System, at least fifteen days prior to the Substitute House Bill No. 5235
Public Act No. 24-115 22 of 42
effective date of any policy or procedure. The commissioner shall also
provide such policies and procedures, in a manner prescribed by the
commissioner, to each licensee. Any such policy or procedure shall no
longer be effective upon the earlier of either the adoption of the policy
or procedure as a final regulation under section 4-172 or forty-eight
months from June 22, 2021, if such regulations have not been submitted
to the legislative regulation review committee for consideration under
section 4-170. The commissioner shall issue policies and procedures and
thereafter final regulations that include, but are not limited to, the
following:
(1) Setting appropriate dosage, potency, concentration and serving
size limits and delineation requirements for cannabis, provided a
standardized serving of edible cannabis product or beverage, other than
a medical marijuana product, shall contain not more than five
milligrams of THC.
(2) Requiring that each single standardized serving of cannabis
product in a multiple-serving edible product or beverage is physically
demarked in a way that enables a reasonable person to determine how
much of the product constitutes a single serving and a maximum
amount of THC per multiple-serving edible cannabis product or
beverage.
(3) Requiring that, if it is impracticable to clearly demark every
standardized serving of cannabis product or to make each standardized
serving easily separable in an edible cannabis product or beverage, the
product, other than cannabis concentrate or medical marijuana product,
shall contain not more than five milligrams of THC per unit of sale.
(4) Establishing, in consultation with the Department of Mental
Health and Addiction Services, consumer health materials that shall be
posted or distributed, as specified by the commissioner, by cannabis
establishments to maximize dissemination to cannabis consumers. Substitute House Bill No. 5235
Public Act No. 24-115 23 of 42
Consumer health materials may include pamphlets, packaging inserts,
signage, online and printed advertisements and advisories and printed
health materials.
(5) Imposing labeling and packaging requirements for cannabis sold
by a cannabis establishment that include, but are not limited to, the
following:
(A) Inclusion of universal symbols to indicate that cannabis, or a
cannabis product, contains THC and is not legal or safe for individuals
younger than twenty-one years of age, and prescribe how such product
and product packaging shall utilize and exhibit such symbols.
(B) A disclosure concerning the length of time it typically takes for
the cannabis to affect an individual, including that certain forms of
cannabis take longer to have an effect.
(C) A notation of the amount of cannabis the cannabis product is
considered the equivalent to.
(D) A list of ingredients and all additives for cannabis.
(E) Child-resistant, tamper-resistant and light-resistant packaging. [,
including requiring that an edible product be individually wrapped.]
For the purposes of this subparagraph, packaging shall be deemed to be
(i) child-resistant if the packaging satisfies the standard for special
packaging established in 16 CFR 1700.1(b)(4), as amended from time to
time, (ii) tamper-resistant if the packaging has at least one barrier to, or
indicator of, entry that would preclude the contents of such packaging
from being accessed or adulterated without indicating to a reasonable
person that such packaging has been breached, and (iii) light-resistant if
the packaging is entirely and uniformly opaque and protects the entirety
of the contents of such packaging from the effects of light.
(F) (i) Packaging for cannabis intended for multiple servings to be Substitute House Bill No. 5235
Public Act No. 24-115 24 of 42
resealable in such a manner so as to render such packaging continuously
child-resistant, as described in subparagraph (E)(i) of this subdivision,
and preserve the integrity of the contents of such packaging, and (ii) if
packaging for cannabis intended for multiple servings contains any
edible cannabis product, for each single standardized serving to be
easily discernible and (I) individually wrapped, or (II) physically
demarked and delineated as required under this subsection.
(G) Impervious packaging that protects the contents of such
packaging from contamination and exposure to any toxic or harmful
substance, including, but not limited to, any glue or other adhesive or
substance that is incorporated in such packaging.
(H) Product tracking information sufficient to determine where and
when the cannabis was grown and manufactured such that a product
recall could be effectuated.
(I) A net weight statement.
(J) A recommended use by or expiration date.
(K) Standard and uniform packaging and labeling, including, but not
limited to, requirements (i) regarding branding or logos, (ii) that all
packaging be opaque, and (iii) that amounts and concentrations of THC
and cannabidiol, per serving and per package, be clearly marked on the
packaging or label of any cannabis product sold.
(L) For any cannabis concentrate cannabis product that contains a
total THC percentage greater than thirty per cent, a warning that such
cannabis product is a high-potency product and may increase the risk
of psychosis.
(M) Chemotypes, which shall be displayed as (i) "High THC, Low
CBD" where the ratio of THC to CBD is greater than five to one and the
total THC percentage is at least fifteen per cent, (ii) "Moderate THC, Substitute House Bill No. 5235
Public Act No. 24-115 25 of 42
Moderate CBD" where the ratio of THC to CBD is at least one to five but
not greater than five to one and the total THC percentage is greater than
five per cent but less than fifteen per cent, (iii) "Low THC, High CBD"
where the ratio of THC to CBD is less than one to five and the total THC
percentage is not greater than five per cent, or (iv) the chemotype
described in clause (i), (ii) or (iii) of this subparagraph that most closely
fits the cannabis or cannabis product, as determined by mathematical
analysis of the ratio of THC to CBD, where such cannabis or cannabis
product does not fit a chemotype described in clause (i), (ii) or (iii) of
this subparagraph.
(N) A requirement that, prior to being sold and transferred to a
consumer, qualifying patient or caregiver, cannabis packaging be
clearly labeled, whether printed directly on such packaging or affixed
by way of a separate label, other than an extended content label, with:
(i) A unique identifier generated by a cannabis analytic tracking
system maintained by the department and used to track cannabis under
the policies and procedures issued, and final regulations adopted, by
the commissioner pursuant to this section; and
(ii) The following information concerning the cannabis contained in
such packaging, which shall be in legible English, black lettering, Times
New Roman font, flat regular typeface, on a contrasting background
and in uniform size of not less than one-tenth of one inch, based on a
capital letter "K", which information shall also be available on the
Internet web site of the cannabis establishment that sells and transfers
such cannabis:
(I) The name of such cannabis, as registered with the department
under the policies and procedures issued, and final regulations adopted,
by the commissioner pursuant to this section.
(II) The expiration date, which shall not account for any refrigeration Substitute House Bill No. 5235
Public Act No. 24-115 26 of 42
after such cannabis is sold and transferred to the consumer, qualifying
patient or caregiver.
(III) The net weight or volume, expressed in metric and imperial
units.
(IV) The standardized serving size, expressed in customary units, and
the number of servings included in such packaging, if applicable.
(V) Directions for use and storage.
(VI) Each active ingredient comprising at least one per cent of such
cannabis, including cannabinoids, isomers, esters, ethers and salts and
salts of isomers, esters and ethers, and all quantities thereof expressed
in metric units and as a percentage of volume.
(VII) A list of all known allergens, as identified by the federal Food
and Drug Administration, contained in such cannabis, or the denotation
"no known FDA identified allergens" if such cannabis does not contain
any allergen identified by the federal Food and Drug Administration.
(VIII) The following warning statement within, and outlined by, a red
box:
"This product is not FDA-approved, may be intoxicating, cause long-
term physical and mental health problems, and have delayed side
effects. It is illegal to operate a vehicle or machinery under the influence
of cannabis. Keep away from children."
(IX) At least one of the following warning statements, rotated
quarterly on an alternating basis:
"Warning: Frequent and prolonged use of cannabis can contribute to
mental health problems over time, including anxiety, depression,
stunted brain development and impaired memory." Substitute House Bill No. 5235
Public Act No. 24-115 27 of 42
"Warning: Consumption while pregnant or breastfeeding may be
harmful."
"Warning: Cannabis has intoxicating effects and may be habit-
forming and addictive."
"Warning: Consuming more than the recommended amount may
result in adverse effects requiring medical attention.".
(X) All information necessary to comply with labeling requirements
imposed under the laws of this state [or] and federal law, including, but
not limited to, sections 21a-91 to 21a-120, inclusive, and 21a-151 to 21a-
159, inclusive, the Federal Food, Drug and Cosmetic Act, 21 USC 301 et
seq., as amended from time to time, and the federal Fair Packaging and
Labeling Act, 15 USC 1451 et seq., as amended from time to time, for
similar products that do not contain cannabis.
(XI) Such additional warning labels for certain cannabis products as
the commissioner may require and post on the department's Internet
web site.
(6) Establishing laboratory testing standards.
(7) Restricting forms of cannabis products and cannabis product
delivery systems to ensure consumer safety and deter public health
concerns.
(8) Prohibiting certain manufacturing methods, or inclusion of
additives to cannabis products, including, but not limited to, (A) added
flavoring, terpenes or other additives unless approved by the
department, or (B) any form of nicotine or other additive containing
nicotine.
(9) Prohibiting cannabis product types that appeal to children.
(10) Establishing physical and cyber security requirements related to Substitute House Bill No. 5235
Public Act No. 24-115 28 of 42
build out, monitoring and protocols for cannabis establishments as a
requirement for licensure.
(11) Placing temporary limits on the sale of cannabis in the adult-use
market, if deemed appropriate and necessary by the commissioner, in
response to a shortage of cannabis for qualifying patients.
(12) Requiring retailers and hybrid retailers to make best efforts to
provide access to (A) low-dose THC products, including products that
have one milligram and two and a half milligrams of THC per dose, and
(B) high-dose CBD products.
(13) Requiring producers, cultivators, micro-cultivators, product
manufacturers and food and beverage manufacturers to register brand
names for cannabis, in accordance with the policies and procedures and
subject to the fee set forth in, regulations adopted under chapter 420f.
(14) Prohibiting a cannabis establishment from selling, other than the
sale of medical marijuana products between cannabis establishments
and the sale of cannabis to qualified patients and caregivers, (A)
cannabis flower or other cannabis plant material with a total THC
concentration greater than thirty per cent on a dry-weight basis, and (B)
any cannabis product other than cannabis flower and cannabis plant
material with a total THC concentration greater than sixty per cent on a
dry-weight basis, except that the provisions of subparagraph (B) of this
subdivision shall not apply to the sale of prefilled cartridges for use in
an electronic cannabis delivery system, as defined in section 19a-342a
and the department may adjust the percentages set forth in
subparagraph (A) or (B) of this subdivision in regulations adopted
pursuant to this section for purposes of public health or to address
market access or shortage. As used in this subdivision, "cannabis plant
material" means material from the cannabis plant, as defined in section
21a-279a. Substitute House Bill No. 5235
Public Act No. 24-115 29 of 42
(15) Permitting the outdoor cultivation of cannabis.
(16) Prohibiting packaging that is (A) visually similar to any
commercially similar product that does not contain cannabis, or (B) used
for any good that is marketed to individuals reasonably expected to be
younger than twenty-one years of age.
(17) Allowing packaging to include a picture of the cannabis product
and contain a logo of one cannabis establishment, which logo may be
comprised of not more than three colors and provided neither black nor
white shall be considered one of such three colors.
(18) Requiring packaging to (A) be entirely and uniformly one color,
and (B) not incorporate any information, print, embossing, debossing,
graphic or hidden feature, other than any permitted or required label.
(19) Requiring that packaging and labeling for an edible cannabis
product, excluding the warning labels required under this subsection
and a picture of the cannabis product described in subdivision (17) of
this subsection but including, but not limited to, the logo of the cannabis
establishment, shall only be comprised of black and white or a
combination thereof.
(20) (A) Except as provided in subparagraph (B) of this subdivision,
requiring that delivery device cartridges be labeled, in a clearly legible
manner and in as large a font as the size of the device reasonably allows,
with only the following information (i) the name of the cannabis
establishment where the cannabis is grown or manufactured, (ii) the
cannabis brand, (iii) the total THC and total CBD content contained
within the delivery device cartridge, (iv) the expiration date, and (v) the
unique identifier generated by a cannabis analytic tracking system
maintained by the department and used to track cannabis under the
policies and procedures issued, and final regulations adopted, by the
commissioner pursuant to this section. Substitute House Bill No. 5235
Public Act No. 24-115 30 of 42
(B) A cannabis establishment may emboss, deboss or similarly print
the name of the cannabis establishment's business entity, and one logo
with not more than three colors, on a delivery device cartridge.
Sec. 6. Section 21a-421aa of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) No cannabis retailer or hybrid retailer shall accept payment or
other form of compensation directly or indirectly from a cultivator,
micro-cultivator, producer, food and beverage manufacturer, product
manufacturer or product packager to carry a cannabis product or for
placement or promotion of such product in a retailer or hybrid retailer's
establishment or through other promotional initiatives. No retailer or
hybrid retailer shall enter into a contract with a cultivator, micro-
cultivator, producer, food and beverage manufacturer, product
manufacturer or product packager that requires or permits preferential
treatment, exclusivity or near exclusivity or limits a retailer or hybrid
retailer from purchasing from other cultivators, micro-cultivators,
producers, food and beverage manufacturers or product manufacturers
in any way.
(b) No cannabis establishment shall produce, manufacture or sell
cannabis that is intended for use or consumption by animals.
(c) A retailer or hybrid retailer shall not knowingly sell to a consumer
more than one ounce of cannabis or the equivalent amount of cannabis
products or combination of cannabis and cannabis products, as set forth
in subsection (i) of section 21a-279a, per day, except that a hybrid retailer
or dispensary facility may sell up to five ounces of cannabis or the
equivalent amount of cannabis products or combination of cannabis and
cannabis products to a qualifying patient or caregiver per day.
Notwithstanding the requirements of sections 4-168 to 4-172, inclusive,
to avoid cannabis supply shortages or address a public health and safety
concern, the commissioner may set temporary lower per-transaction Substitute House Bill No. 5235
Public Act No. 24-115 31 of 42
limits, which shall be published on the department's Internet web site.
Such limits shall become ineffective upon the commissioner's
determination that a supply shortage or public health and safety
concern no longer exists.
(d) No cannabis establishment, except a producer, cultivator or
micro-cultivator, may acquire or possess a live cannabis plant.
(e) No person issued a license or registration pursuant to RERACA
shall (1) assign or transfer such license or registration without the
commissioner's prior approval, or (2) sell, transfer or transport cannabis
to, or obtain cannabis from, a location outside of this state if such activity
would be in violation of federal law.
(f) Synthetic cannabinoids, as defined in section 21a-240, as amended
by this act, are prohibited in cannabis, and no synthetic cannabinoid
may be sold at any cannabis establishment.
Sec. 7. Subsection (a) of section 21a-421dd of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) No member of the Social Equity Council and no employee of the
Social Equity Council or department who carries out the licensing,
inspection, investigation, enforcement or policy decisions authorized by
[RERACA] this chapter, and any regulations enacted pursuant thereto,
may, directly or indirectly, have any management or financial interest
in the cultivation, manufacture, sale, transportation, delivery or testing
of cannabis in this state, nor receive any commission or profit from nor
have any financial interest in purchases or sales made by [persons]
cannabis establishments that are licensed pursuant to this chapter and
authorized to make such purchases or sales pursuant to [RERACA] such
license. No provision of this section shall prevent any such member or
employee from purchasing and keeping in his or her possession, for his Substitute House Bill No. 5235
Public Act No. 24-115 32 of 42
or her personal use or the use of such member's or employee's family or
guests, any cannabis which may be purchased or kept by any person by
virtue of [RERACA] this chapter.
Sec. 8. Section 22-61m of the 2024 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) No person shall manufacture in the state without a license to
manufacture issued by the Commissioner of Consumer Protection.
(b) Each applicant for a manufacturer license shall submit an
application on a form and in a manner prescribed by the Commissioner
of Consumer Protection.
(c) The following fees shall apply for a license to manufacture:
(1) A nonrefundable license application fee of seventy-five dollars;
and
(2) A nonrefundable licensing fee of three hundred seventy-five
dollars for a license to manufacture hemp.
(d) A license to manufacture issued by the Commissioner of
Consumer Protection pursuant to this section shall expire triennially on
June thirtieth. Such licenses shall not be transferable.
(e) In accordance with a hearing held pursuant to chapter 54, the
Commissioner of Consumer Protection may deny, suspend or revoke a
manufacturer license, issue fines of not more than two thousand five
hundred dollars per violation and place conditions upon a
manufacturer licensee who violates the provisions of this section and
any regulation adopted pursuant to this section.
(f) (1) Any individual who manufactures in this state without
obtaining a license pursuant to this section or who manufactures in this Substitute House Bill No. 5235
Public Act No. 24-115 33 of 42
state after such entity's license is suspended or revoked shall be fined
two hundred fifty dollars in accordance with the provisions of section
51-164n.
(2) Any entity who manufactures in this state without obtaining a
license pursuant to this section, or who manufactures in this state after
having a license suspended, shall be fined not more than two thousand
five hundred dollars per violation after a hearing conducted in
accordance with the provisions of chapter 54.
(g) Nothing in this chapter or any regulations adopted pursuant to
this chapter shall be construed to apply to persons licensed pursuant to
section 21a-408i nor to require persons licensed pursuant to said section
to obtain a license pursuant to this chapter.
(h) The Commissioner of Consumer Protection may inspect and shall
have access to the buildings, equipment, supplies, vehicles, records, real
property and other information of any manufacturer applicant or
licensee that the commissioner deems necessary to carry out the
commissioner's duties pursuant to this section.
(i) (1) Each manufacturer shall follow the protocol in this subsection
for disposing of cannabis in the event that any hemp or hemp product
is deemed to exceed the prescribed THC concentration, as determined
by the Commissioner of Consumer Protection, or a manufacturer
licensee in possession of hemp or hemp products who desires to dispose
of obsolete, misbranded, excess or otherwise undesired product. Each
manufacturer licensee shall be responsible for all costs of disposal of
hemp samples and any hemp produced by such licensee that violates
the provisions of this section or any regulation adopted pursuant to this
section. Any cannabis that exceeds the prescribed THC concentration
allowable in hemp or hemp products shall be immediately embargoed
by such manufacturer and clearly labeled as adulterated by such
licensee and such licensee shall immediately notify both the Department Substitute House Bill No. 5235
Public Act No. 24-115 34 of 42
of Consumer Protection and the Department of Agriculture, in writing,
of such adulterated product. Such adulterated product shall be
destroyed and disposed of by the following method, as determined by
the Commissioner of Consumer Protection:
(A) Surrender, without compensation, of such hemp or hemp product
to the Commissioner of Consumer Protection who shall be responsible
for the destruction and disposal of such adulterated product; or
(B) By disposal in a manner prescribed by the Commissioner of
Consumer Protection.
(2) Notwithstanding the provisions of subdivision (1) of this
subsection, upon written request of a manufacturer, the Commissioner
of Consumer Protection may permit such manufacturer to combine
different batches of raw hemp plant material to achieve a THC
concentration of 0.3 per cent on a dry weight basis, in lieu of embargo
or destruction.
(j) The manufacturer or manufacturer's authorized designee
disposing of the hemp or hemp products shall maintain and make
available to the Commissioner of Consumer Protection a record of each
such disposal or destruction of product indicating:
(1) The date, time and location of disposal or destruction;
(2) The manner of disposal or destruction;
(3) The batch or lot information and quantity of hemp or hemp
product disposed of or destroyed; and
(4) The signatures of the persons disposing of the hemp or hemp
products, the authorized representative of the Commissioner of
Consumer Protection and any other persons present during the
disposal. Substitute House Bill No. 5235
Public Act No. 24-115 35 of 42
(k) Any hemp intended to be manufactured by a manufacturer into a
manufacturer hemp product shall be tested by an independent testing
laboratory located in this state. A manufacturer licensee shall make
available samples, in an amount and type determined by the
Commissioner of Consumer Protection, of hemp for an independent
testing laboratory employee to select random samples. The independent
testing laboratory shall test each sample in accordance with the
laboratory testing standards established in policies, procedures and
regulations adopted by the commissioner pursuant to section 21a-421j,
as amended by this act.
(l) Once a batch of hemp, intended to be sold as a manufacturer hemp
product, has been homogenized for sample testing and eventual
packaging and sale, until the independent testing laboratory provides
the results from its tests and analysis, the manufacturer shall segregate
and withhold from use the entire batch of hemp that is intended for use
as a manufacturer hemp product, except the samples that have been
removed by the independent testing laboratory for testing. During this
period of segregation, the manufacturer licensee shall maintain the
hemp batch in a secure, cool and dry location, as prescribed by the
Commissioner of Consumer Protection, so as to prevent the hemp from
becoming adulterated. Such manufacturer shall not manufacture or sell
a manufacturer hemp product prior to the time that the independent
testing laboratory completes testing and analysis and provides such
results, in writing, to the manufacturer licensee who initiated such
testing.
(m) An independent testing laboratory shall immediately return or
dispose of any hemp or manufacturer hemp product upon the
completion of any testing, use or research. If an independent testing
laboratory disposes of hemp or manufacturer hemp products, the
laboratory shall dispose of such hemp in the following manner, as
determined by the Commissioner of Consumer Protection: Substitute House Bill No. 5235
Public Act No. 24-115 36 of 42
(1) By surrender, without compensation, of such hemp or
manufacturer hemp product to the Commissioner of Consu mer
Protection who shall be responsible for the destruction and disposal of
such hemp or hemp product; or
(2) By disposal in a manner prescribed by the Commissioner of
Consumer Protection.
(n) If a sample does not pass the microbiological, mycotoxin, heavy
metal or pesticide chemical residue test, based on the laboratory testing
standards established in policies, procedures and regulations adopted
by the Commissioner of Consumer Protection pursuant to section 21a-
421j, as amended by this act, the manufacturer licensee who sent such
batch for testing shall:
(1) Retest and reanalyze the hemp from which the sample was taken
by having an employee from the same laboratory randomly select
another sample from the same hemp batch. If the sample used to retest
or reanalyze such hemp yields satisfactory results for all testing
required under this section, an employee from a different laboratory
shall randomly select a different sample from the same hemp batch for
testing. If both samples yield satisfactory results for all testing required
under this section, the hemp batch from which the samples were taken
shall be released for manufacturing, processing and sale;
(2) If a remediation plan sufficient to ensure public health and safety
is submitted to and approved by the commissioner, remediate the hemp
batch from which the sample was taken and have a laboratory employee
randomly select a sample from such remediated hemp batch for testing.
If such randomly selected sample yields satisfactory results for any
testing required under this section, an employee from a different
laboratory shall randomly select a different sample from the same hemp
batch for testing. If both samples yield satisfactory results for all testing
required under this section, the hemp batch from which the samples Substitute House Bill No. 5235
Public Act No. 24-115 37 of 42
were taken may be released for manufacturing, processing or sale; or
(3) If the manufacturer does not retest or remediate, or if any
subsequent laboratory testing does not yield satisfactory results for any
testing required under this section, dispose of the entire batch from
which the sample was taken in accordance with procedures established
by the Commissioner of Consumer Protection pursuant to subdivision
(1) of subsection (i) of this section.
(o) If a sample passes the microbiological, mycotoxin, heavy metal
and pesticide chemical residue test, the independent testing laboratory
shall release the entire batch for manufacturing, processing or sale.
(p) The independent testing laboratory shall file with the Department
of Consumer Protection an electronic copy of each laboratory test result
for any batch that does not pass the microbiological, mycotoxin, heavy
metal or pesticide chemical residue test, at the same time that it
transmits such results to the manufacturer licensee who requested such
testing. Each independent testing laboratory shall maintain the test
results of each tested batch for a period of three years and shall make
such results available to the Department of Consumer Protection upon
request.
(q) Manufacturers shall maintain records required by the federal act,
this section, any regulation adopted pursuant to this section and the
policies, procedures and regulations adopted by the Commissioner of
Consumer Protection pursuant to section 21a-421j, as amended by this
act. Each manufacturer shall make such records available to the
Department of Consumer Protection immediately upon request and in
electronic format, if available.
(r) The Commissioner of Consumer Protection may adopt
regulations, in accordance with the provisions of chapter 54, to
implement the provisions of this section including, but not limited to, Substitute House Bill No. 5235
Public Act No. 24-115 38 of 42
establishing sampling and testing procedures to ensure compliance
with this section, prescribing storage and disposal procedures for hemp,
marijuana and manufacturer hemp products that fail to pass
Department of Consumer Protection prescribed independent testing
laboratory testing standards and establishing advertising and labeling
requirements for manufacturer hemp products.
(s) Any claim of health impacts, medical effects or physical or mental
benefits shall be prohibited on any advertising for, labeling of or
marketing of manufacturer hemp products regardless of whether such
manufacturer hemp products were manufactured in this state or
another jurisdiction. Any violation of this subsection shall be deemed an
unfair or deceptive trade practice under subsection (a) of section 42-
110b.
(t) Not later than February 1, 2020, the Commissioners of Agriculture
and Consumer Protection shall submit a report, in accordance with
section 11-4a, to the joint standing committee of the general assembly
having cognizance of matters relating to the environment on the status
of the pilot program, the development of the state plan and any
regulations for such pilot program or state plan. Such report shall also
include any legislative recommendations, including, but not limited to,
any recommendations for requiring the registration of any
manufacturer hemp product offered for sale in this state.
(u) (1) Any person who sells manufacturer hemp products shall not
be required to be licensed, provided such person only engages in: (A)
The retail or wholesale sale of manufacturer hemp products in which no
further manufacturing of hemp occurs, provided such manufacturer
hemp products are acquired from a person authorized to manufacture
the manufacturer hemp products under the laws of this state or another
state, territory or possession of the United States or another sovereign
entity; (B) the acquisition of manufacturer hemp products for the sole
purpose of product distribution for resale; and (C) the retail sale of Substitute House Bill No. 5235
Public Act No. 24-115 39 of 42
manufacturer hemp products that is authorized under federal or state
law.
(2) The Commissioner of Consumer Protection or Commissioner of
Revenue Services may, pursuant to section 4-182, summarily suspend
any credential the Department of Consumer Protection or Department
of Revenue Services issued to any person who sells manufacturer hemp
products in violation of subdivision (1) of this subsection or subsections
(v) to (y), inclusive, of this section.
(v) No manufacturer hemp product offered for sale in this state, or to
a consumer in this state, shall contain any synthetic cannabinoid, as
defined in section 21a-240, as amended by this act.
(w) No manufacturer hemp product offered for sale in this state, or
to a consumer in this state, shall be packaged, presented or advertised
in a manner that is likely to mislead a consumer by incorporating any
statement, brand, design, representation, picture, illustration or other
depiction that: (1) Bears a reasonable resemblance to trademarked or
characteristic packaging of (A) cannabis offered for sale (i) in this state
by a cannabis establishment licensed in this state, or (ii) on tribal land
by a tribal-credentialed cannabis entity, or (B) a commercially available
product other than a cannabis product, as defined in section 21a-420; or
(2) implies that the manufacturer hemp product (A) is a cannabis
product, as defined in section 21a-420, (B) contains a total THC
concentration greater than three-tenths per cent on a dry-weight basis,
or (C) is a high-THC hemp product, as defined in section 21a-240, as
amended by this act.
(x) No manufacturer hemp product that is a food, beverage, oil or
other product intended for human ingestion shall be distributed or sold
in this state unless such product is contained within a package, or a label
is affixed to such package, that includes: Substitute House Bill No. 5235
Public Act No. 24-115 40 of 42
(1) A scannable barcode, Internet web site address or quick response
code that is linked to the certificate of analysis of the final form product
batch by an independent testing laboratory and discloses:
(A) The name of such product;
(B) The name, address and telephone number of such product's
manufacturer, packer and distributor, as applicable;
(C) The batch number, which shall match the batch number on such
package or label; and
(D) The concentration of cannabinoids present in such product,
including, but not limited to, total THC and any cannabinoids or active
ingredients comprising at least one per cent of such product;
(2) The expiration or best by date for such product, if applicable;
(3) A clear and conspicuous statement disclosing that:
(A) Children, or those who are pregnant or breastfeeding, should
avoid using such product prior to consulting with a health care
professional concerning such product's safety;
(B) Products containing cannabinoids should be kept out of reach of
children; and
(C) The federal Food and Drug Administration has not evaluated
such product for safety or efficacy; and
(4) If such product is intended to be inhaled, a clear and conspicuous
warning statement disclosing that smoking or vaporizing is hazardous
to human health.
(y) No manufacturer hemp product that is a topical, soap or cosmetic,
as defined in section 21a-92, shall be distributed or sold in this state Substitute House Bill No. 5235
Public Act No. 24-115 41 of 42
unless such product is contained within a package, or a label is affixed
to such package, that includes:
(1) A scannable barcode, Internet web site address or quick response
code that is linked to the certificate of analysis of the final form extract
or final form product batch by an independent testing laboratory and
discloses:
(A) The name of such product;
(B) The name, address and telephone number of such product's
manufacturer, packer and distributor, as applicable;
(C) The batch number, which shall match the batch number on such
package or label; and
(D) The concentration of cannabinoids present in such batch,
including, but not limited to, total THC and any marketed cannabinoids;
(2) The expiration or best by date for such product, if applicable; and
(3) A clear and conspicuous statement disclosing the following:
"THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY
OR EFFICACY.".
(z) Any violation of subsections (u) to (y), inclusive, of this section
shall be deemed an unfair or deceptive trade practice under subsection
(a) of section 42-110b.
(aa) Not later than October 31, 2023, the Department of Emergency
Services and Public Protection shall, in consultation with the
Department of Consumer Protection, publish a training bulletin to
inform local law enforcement agencies and officers regarding the
investigation and enforcement standards concerning cannabis and high-
THC hemp products. Substitute House Bill No. 5235
Public Act No. 24-115 42 of 42
(bb) Notwithstanding any provision of the general statutes: (1) CBD
that is found in manufacturer hemp products shall not be considered a
controlled substance, as defined in section 21a-240, as amended by this
act, or legend drug, as defined in section 20-571; and (2) CBD derived
from hemp and contained in manufacturer hemp products shall not be
considered a controlled substance or adulterant.
(cc) Nothing in this section shall be construed to prohibit the
shipment or transportation through this state of any hemp that is
lawfully produced under federal law.