225 | | - | ownership in an equity joint venture in excess of fifty per cent during 185 |
---|
226 | | - | the seven-year period after a license is issued by the department under 186 |
---|
227 | | - | this section. 187 |
---|
228 | | - | (2) A producer, including the backer of such producer, may increase 188 |
---|
229 | | - | its ownership in an equity joint venture in excess of fifty per cent, 189 |
---|
230 | | - | provided (A) at least three years have elapsed since a license was issued 190 |
---|
231 | | - | by the department under this section, and (B) the Social Equity Council 191 |
---|
232 | | - | has approved such increase in ownership in writing. 192 |
---|
233 | | - | (f) Equity joint ventures that are retailers or hybrid retailers that share 193 |
---|
234 | | - | a common producer backer or owner shall not be located within twenty 194 |
---|
235 | | - | miles of each other. 195 |
---|
236 | | - | (g) If a producer has paid a reduced conversion fee, as described in 196 |
---|
237 | | - | subsection (b) of section 21a-420l, and subsequently did not create two 197 |
---|
238 | | - | equity joint ventures under this section that, not later than [fourteen] 198 |
---|
239 | | - | twenty-four months after the Department of Consumer Protection 199 |
---|
240 | | - | approved the producer's license expansion application under section 200 |
---|
241 | | - | 21a-420l, each received a final license from the department, the producer 201 |
---|
242 | | - | shall be liable for the full conversion fee of three million dollars 202 |
---|
243 | | - | established in section 21a-420l minus such paid reduced conversion fee. 203 |
---|
244 | | - | Sec. 7. Subsections (e) to (g), inclusive, of section 21a-420u of the 204 |
---|
245 | | - | general statutes are repealed and the following is substituted in lieu 205 |
---|
246 | | - | thereof (Effective from passage): 206 |
---|
247 | | - | (e) [A] (1) Except as provided in subdivision (2) of this subsection, a 207 |
---|
248 | | - | dispensary facility, including the backers of such dispensary facility, 208 |
---|
249 | | - | shall not increase its ownership in an equity joint venture in excess of 209 |
---|
250 | | - | fifty per cent during the seven-year period after a license is issued by 210 |
---|
251 | | - | the department under this section. 211 |
---|
252 | | - | (2) A dispensary facility, including the backers of such dispensary 212 |
---|
253 | | - | facility, may increase its ownership in an equity joint venture in excess 213 |
---|
254 | | - | of fifty per cent, provided (A) at least three years have elapsed since a 214 |
---|
255 | | - | license was issued by the department under this section, and (B) the 215 Substitute Bill No. 7178 |
---|
| 234 | + | LCO No. 5810 7 of 50 |
---|
| 235 | + | |
---|
| 236 | + | Sec. 6. Subsection (g) of section 21a-420u of the general statutes is 177 |
---|
| 237 | + | repealed and the following is substituted in lieu thereof (Effective from 178 |
---|
| 238 | + | passage): 179 |
---|
| 239 | + | (g) If a dispensary facility has paid the reduced conversion fee, in 180 |
---|
| 240 | + | accordance with subsection (a) of this section, and did not subsequently 181 |
---|
| 241 | + | create one equity joint venture under this section that, not later than 182 |
---|
| 242 | + | [fourteen] twenty-four months after the Department of Consumer 183 |
---|
| 243 | + | Protection approved the dispensary facility's license conversion 184 |
---|
| 244 | + | application under section 21a-420t, receives a final license from the 185 |
---|
| 245 | + | department, the dispensary facility shall be liable for the full conversion 186 |
---|
| 246 | + | fee of one million dollars established in section 21a-420e, as amended by 187 |
---|
| 247 | + | this act, minus such paid reduced conversion fee. 188 |
---|
| 248 | + | Sec. 7. Section 21a-421j of the general statutes is repealed and the 189 |
---|
| 249 | + | following is substituted in lieu thereof (Effective October 1, 2025): 190 |
---|
| 250 | + | (a) As used in this section, "total THC" has the same meaning as 191 |
---|
| 251 | + | provided in section 21a-240. 192 |
---|
| 252 | + | (b) The commissioner shall adopt regulations in accordance with 193 |
---|
| 253 | + | chapter 54 to implement the provisions of RERACA. Notwithstanding 194 |
---|
| 254 | + | the requirements of sections 4-168 to 4-172, inclusive, in order to 195 |
---|
| 255 | + | effectuate the purposes of RERACA and protect public health and 196 |
---|
| 256 | + | safety, prior to adopting such regulations the commissioner shall issue 197 |
---|
| 257 | + | policies and procedures to implement the provisions of RERACA that 198 |
---|
| 258 | + | shall have the force and effect of law. The commissioner shall post all 199 |
---|
| 259 | + | policies and procedures on the department's Internet web site and 200 |
---|
| 260 | + | submit such policies and procedures to the Secretary of the State for 201 |
---|
| 261 | + | posting on the eRegulations System, at least fifteen days prior to the 202 |
---|
| 262 | + | effective date of any policy or procedure. The commissioner shall also 203 |
---|
| 263 | + | provide such policies and procedures, in a manner prescribed by the 204 |
---|
| 264 | + | commissioner, to each licensee. Any such policy or procedure shall no 205 |
---|
| 265 | + | longer be effective upon the earlier of either the adoption of the policy 206 |
---|
| 266 | + | or procedure as a final regulation under section 4-172 or forty-eight 207 |
---|
| 267 | + | Raised Bill No. 7178 |
---|
260 | | - | Social Equity Council has approved such increase in ownership in 216 |
---|
261 | | - | writing. 217 |
---|
262 | | - | (f) Equity joint ventures that are retailers or hybrid retailers that share 218 |
---|
263 | | - | a common dispensary facility backer or owner, or hybrid retailer backer 219 |
---|
264 | | - | or owner, shall not be located within twenty miles of each other. 220 |
---|
265 | | - | (g) If a dispensary facility has paid the reduced conversion fee, in 221 |
---|
266 | | - | accordance with subsection (a) of this section, and did not subsequently 222 |
---|
267 | | - | create one equity joint venture under this section that, not later than 223 |
---|
268 | | - | [fourteen] twenty-four months after the Department of Consumer 224 |
---|
269 | | - | Protection approved the dispensary facility's license conversion 225 |
---|
270 | | - | application under section 21a-420t, receives a final license from the 226 |
---|
271 | | - | department, the dispensary facility shall be liable for the full conversion 227 |
---|
272 | | - | fee of one million dollars established in section 21a-420e, as amended by 228 |
---|
273 | | - | this act, minus such paid reduced conversion fee. 229 |
---|
274 | | - | Sec. 8. Section 21a-421j of the general statutes is repealed and the 230 |
---|
275 | | - | following is substituted in lieu thereof (Effective October 1, 2025): 231 |
---|
276 | | - | (a) As used in this section, "total THC" has the same meaning as 232 |
---|
277 | | - | provided in section 21a-240. 233 |
---|
278 | | - | (b) The commissioner shall adopt regulations in accordance with 234 |
---|
279 | | - | chapter 54 to implement the provisions of RERACA. Notwithstanding 235 |
---|
280 | | - | the requirements of sections 4-168 to 4-172, inclusive, in order to 236 |
---|
281 | | - | effectuate the purposes of RERACA and protect public health and 237 |
---|
282 | | - | safety, prior to adopting such regulations the commissioner shall issue 238 |
---|
283 | | - | policies and procedures to implement the provisions of RERACA that 239 |
---|
284 | | - | shall have the force and effect of law. The commissioner shall post all 240 |
---|
285 | | - | policies and procedures on the department's Internet web site and 241 |
---|
286 | | - | submit such policies and procedures to the Secretary of the State for 242 |
---|
287 | | - | posting on the eRegulations System, at least fifteen days prior to the 243 |
---|
288 | | - | effective date of any policy or procedure. The commissioner shall also 244 |
---|
289 | | - | provide such policies and procedures, in a manner prescribed by the 245 |
---|
290 | | - | commissioner, to each licensee. Any such policy or procedure shall no 246 |
---|
291 | | - | longer be effective upon the earlier of either the adoption of the policy 247 Substitute Bill No. 7178 |
---|
| 271 | + | LCO No. 5810 8 of 50 |
---|
| 272 | + | |
---|
| 273 | + | months from June 22, 2021, if such regulations have not been submitted 208 |
---|
| 274 | + | to the legislative regulation review committee for consideration under 209 |
---|
| 275 | + | section 4-170. The commissioner shall issue policies and procedures and 210 |
---|
| 276 | + | thereafter final regulations that include, but are not limited to, the 211 |
---|
| 277 | + | following: 212 |
---|
| 278 | + | (1) Setting appropriate dosage, potency, concentration and serving 213 |
---|
| 279 | + | size limits and delineation requirements for cannabis, provided a 214 |
---|
| 280 | + | standardized serving of edible cannabis product or beverage, other than 215 |
---|
| 281 | + | a medical marijuana product, shall contain not more than five 216 |
---|
| 282 | + | milligrams of THC. 217 |
---|
| 283 | + | (2) Requiring that each single standardized serving of cannabis 218 |
---|
| 284 | + | product in a multiple-serving edible product or beverage is physically 219 |
---|
| 285 | + | demarked in a way that enables a reasonable person to determine how 220 |
---|
| 286 | + | much of the product constitutes a single serving and a maximum 221 |
---|
| 287 | + | amount of THC per multiple-serving edible cannabis product or 222 |
---|
| 288 | + | beverage. 223 |
---|
| 289 | + | (3) Requiring that, if it is impracticable to clearly demark every 224 |
---|
| 290 | + | standardized serving of cannabis product or to make each standardized 225 |
---|
| 291 | + | serving easily separable in an edible cannabis product or beverage, the 226 |
---|
| 292 | + | product, other than cannabis concentrate or medical marijuana product, 227 |
---|
| 293 | + | shall contain not more than five milligrams of THC per unit of sale. 228 |
---|
| 294 | + | (4) Establishing, in consultation with the Department of Mental 229 |
---|
| 295 | + | Health and Addiction Services, consumer health materials that shall be 230 |
---|
| 296 | + | posted or distributed, as specified by the commissioner, by cannabis 231 |
---|
| 297 | + | establishments to maximize dissemination to cannabis consumers. 232 |
---|
| 298 | + | Consumer health materials may include pamphlets, packaging inserts, 233 |
---|
| 299 | + | signage, online and printed advertisements and advisories and printed 234 |
---|
| 300 | + | health materials. 235 |
---|
| 301 | + | (5) Imposing labeling and packaging requirements for cannabis sold 236 |
---|
| 302 | + | by a cannabis establishment that include, but are not limited to, the 237 |
---|
| 303 | + | following: 238 |
---|
| 304 | + | Raised Bill No. 7178 |
---|
296 | | - | or procedure as a final regulation under section 4-172 or forty-eight 248 |
---|
297 | | - | months from June 22, 2021, if such regulations have not been submitted 249 |
---|
298 | | - | to the legislative regulation review committee for consideration under 250 |
---|
299 | | - | section 4-170. The commissioner shall issue policies and procedures and 251 |
---|
300 | | - | thereafter final regulations that include, but are not limited to, the 252 |
---|
301 | | - | following: 253 |
---|
302 | | - | (1) Setting appropriate dosage, potency, concentration and serving 254 |
---|
303 | | - | size limits and delineation requirements for cannabis, provided a 255 |
---|
304 | | - | standardized serving of edible cannabis product or beverage, other than 256 |
---|
305 | | - | a medical marijuana product, shall contain not more than five 257 |
---|
306 | | - | milligrams of THC. 258 |
---|
307 | | - | (2) Requiring that each single standardized serving of cannabis 259 |
---|
308 | | - | product in a multiple-serving edible product or beverage is physically 260 |
---|
309 | | - | demarked in a way that enables a reasonable person to determine how 261 |
---|
310 | | - | much of the product constitutes a single serving and a maximum 262 |
---|
311 | | - | amount of THC per multiple-serving edible cannabis product or 263 |
---|
312 | | - | beverage. 264 |
---|
313 | | - | (3) Requiring that, if it is impracticable to clearly demark every 265 |
---|
314 | | - | standardized serving of cannabis product or to make each standardized 266 |
---|
315 | | - | serving easily separable in an edible cannabis product or beverage, the 267 |
---|
316 | | - | product, other than cannabis concentrate or medical marijuana product, 268 |
---|
317 | | - | shall contain not more than five milligrams of THC per unit of sale. 269 |
---|
318 | | - | (4) Establishing, in consultation with the Department of Mental 270 |
---|
319 | | - | Health and Addiction Services, consumer health materials that shall be 271 |
---|
320 | | - | posted or distributed, as specified by the commissioner, by cannabis 272 |
---|
321 | | - | establishments to maximize dissemination to cannabis consumers. 273 |
---|
322 | | - | Consumer health materials may include pamphlets, packaging inserts, 274 |
---|
323 | | - | signage, online and printed advertisements and advisories and printed 275 |
---|
324 | | - | health materials. 276 |
---|
325 | | - | (5) Imposing labeling and packaging requirements for cannabis sold 277 |
---|
326 | | - | by a cannabis establishment that include, but are not limited to, the 278 |
---|
327 | | - | following: 279 Substitute Bill No. 7178 |
---|
| 308 | + | LCO No. 5810 9 of 50 |
---|
| 309 | + | |
---|
| 310 | + | (A) Inclusion of universal symbols to indicate that cannabis, or a 239 |
---|
| 311 | + | cannabis product, contains THC and is not legal or safe for individuals 240 |
---|
| 312 | + | younger than twenty-one years of age, and prescribe how such product 241 |
---|
| 313 | + | and product packaging shall utilize and exhibit such symbols. 242 |
---|
| 314 | + | (B) A disclosure concerning the length of time it typically takes for 243 |
---|
| 315 | + | the cannabis to affect an individual, including that certain forms of 244 |
---|
| 316 | + | cannabis take longer to have an effect. 245 |
---|
| 317 | + | (C) A notation of the amount of cannabis the cannabis product is 246 |
---|
| 318 | + | considered the equivalent to. 247 |
---|
| 319 | + | (D) A list of ingredients and all additives for cannabis. 248 |
---|
| 320 | + | (E) Except as provided in subdivision (3) of subsection (f) of section 249 |
---|
| 321 | + | 21a-420p, as amended by this act, child-resistant, tamper-resistant and 250 |
---|
| 322 | + | light-resistant packaging. For the purposes of this subparagraph, 251 |
---|
| 323 | + | packaging shall be deemed to be (i) child-resistant if the packaging 252 |
---|
| 324 | + | satisfies the standard for special packaging established in 16 CFR 253 |
---|
| 325 | + | 1700.1(b)(4), as amended from time to time, (ii) tamper-resistant if the 254 |
---|
| 326 | + | packaging has at least one barrier to, or indicator of, entry that would 255 |
---|
| 327 | + | preclude the contents of such packaging from being accessed or 256 |
---|
| 328 | + | adulterated without indicating to a reasonable person that such 257 |
---|
| 329 | + | packaging has been breached, and (iii) light-resistant if the packaging is 258 |
---|
| 330 | + | entirely and uniformly opaque and protects the entirety of the contents 259 |
---|
| 331 | + | of such packaging from the effects of light. 260 |
---|
| 332 | + | (F) Except as provided in subdivision (3) of subsection (f) of section 261 |
---|
| 333 | + | 21a-420p, as amended by this act, (i) packaging for cannabis intended 262 |
---|
| 334 | + | for multiple servings to be resealable in such a manner so as to render 263 |
---|
| 335 | + | such packaging continuously child-resistant, as described in 264 |
---|
| 336 | + | subparagraph (E)(i) of this subdivision, and preserve the integrity of the 265 |
---|
| 337 | + | contents of such packaging, and (ii) if packaging for cannabis intended 266 |
---|
| 338 | + | for multiple servings contains any edible cannabis product, for each 267 |
---|
| 339 | + | single standardized serving to be easily discernible and (I) individually 268 |
---|
| 340 | + | wrapped, or (II) physically demarked and delineated as required under 269 |
---|
| 341 | + | Raised Bill No. 7178 |
---|
332 | | - | (A) Inclusion of universal symbols to indicate that cannabis, or a 280 |
---|
333 | | - | cannabis product, contains THC and is not legal or safe for individuals 281 |
---|
334 | | - | younger than twenty-one years of age, and prescribe how such product 282 |
---|
335 | | - | and product packaging shall utilize and exhibit such symbols. 283 |
---|
336 | | - | (B) A disclosure concerning the length of time it typically takes for 284 |
---|
337 | | - | the cannabis to affect an individual, including that certain forms of 285 |
---|
338 | | - | cannabis take longer to have an effect. 286 |
---|
339 | | - | (C) A notation of the amount of cannabis the cannabis product is 287 |
---|
340 | | - | considered the equivalent to. 288 |
---|
341 | | - | (D) A list of ingredients and all additives for cannabis. 289 |
---|
342 | | - | (E) Except as provided in subdivision (3) of subsection (f) of section 290 |
---|
343 | | - | 21a-420p, as amended by this act, child-resistant, tamper-resistant and 291 |
---|
344 | | - | light-resistant packaging. For the purposes of this subparagraph, 292 |
---|
345 | | - | packaging shall be deemed to be (i) child-resistant if the packaging 293 |
---|
346 | | - | satisfies the standard for special packaging established in 16 CFR 294 |
---|
347 | | - | 1700.1(b)(4), as amended from time to time, (ii) tamper-resistant if the 295 |
---|
348 | | - | packaging has at least one barrier to, or indicator of, entry that would 296 |
---|
349 | | - | preclude the contents of such packaging from being accessed or 297 |
---|
350 | | - | adulterated without indicating to a reasonable person that such 298 |
---|
351 | | - | packaging has been breached, and (iii) light-resistant if the packaging is 299 |
---|
352 | | - | entirely and uniformly opaque and protects the entirety of the contents 300 |
---|
353 | | - | of such packaging from the effects of light. 301 |
---|
354 | | - | (F) Except as provided in subdivision (3) of subsection (f) of section 302 |
---|
355 | | - | 21a-420p, as amended by this act, (i) packaging for cannabis intended 303 |
---|
356 | | - | for multiple servings to be resealable in such a manner so as to render 304 |
---|
357 | | - | such packaging continuously child-resistant, as described in 305 |
---|
358 | | - | subparagraph (E)(i) of this subdivision, and preserve the integrity of the 306 |
---|
359 | | - | contents of such packaging, and (ii) if packaging for cannabis intended 307 |
---|
360 | | - | for multiple servings contains any edible cannabis product, for each 308 |
---|
361 | | - | single standardized serving to be easily discernible and (I) individually 309 |
---|
362 | | - | wrapped, or (II) physically demarked and delineated as required under 310 |
---|
363 | | - | this subsection. 311 Substitute Bill No. 7178 |
---|
| 345 | + | LCO No. 5810 10 of 50 |
---|
| 346 | + | |
---|
| 347 | + | this subsection. 270 |
---|
| 348 | + | (G) Impervious packaging that protects the contents of such 271 |
---|
| 349 | + | packaging from contamination and exposure to any toxic or harmful 272 |
---|
| 350 | + | substance, including, but not limited to, any glue or other adhesive or 273 |
---|
| 351 | + | substance that is incorporated in such packaging. 274 |
---|
| 352 | + | (H) Product tracking information sufficient to determine where and 275 |
---|
| 353 | + | when the cannabis was grown and manufactured such that a product 276 |
---|
| 354 | + | recall could be effectuated. 277 |
---|
| 355 | + | (I) A net weight statement. 278 |
---|
| 356 | + | (J) A recommended use by or expiration date. 279 |
---|
| 357 | + | (K) Standard and uniform packaging and labeling, including, but not 280 |
---|
| 358 | + | limited to, requirements (i) regarding branding or logos, (ii) that all 281 |
---|
| 359 | + | packaging be opaque, and (iii) that amounts and concentrations of THC 282 |
---|
| 360 | + | and cannabidiol, per serving and per package, be clearly marked on the 283 |
---|
| 361 | + | packaging or label of any cannabis product sold. 284 |
---|
| 362 | + | (L) For any cannabis concentrate cannabis product that contains a 285 |
---|
| 363 | + | total THC percentage greater than thirty per cent, a warning that such 286 |
---|
| 364 | + | cannabis product is a high-potency product and may increase the risk 287 |
---|
| 365 | + | of psychosis. 288 |
---|
| 366 | + | (M) Chemotypes, which shall be displayed as (i) "High THC, Low 289 |
---|
| 367 | + | CBD" where the ratio of THC to CBD is greater than five to one and the 290 |
---|
| 368 | + | total THC percentage is at least fifteen per cent, (ii) "Moderate THC, 291 |
---|
| 369 | + | Moderate CBD" where the ratio of THC to CBD is at least one to five but 292 |
---|
| 370 | + | not greater than five to one and the total THC percentage is greater than 293 |
---|
| 371 | + | five per cent but less than fifteen per cent, (iii) "Low THC, High CBD" 294 |
---|
| 372 | + | where the ratio of THC to CBD is less than one to five and the total THC 295 |
---|
| 373 | + | percentage is not greater than five per cent, or (iv) the chemotype 296 |
---|
| 374 | + | described in clause (i), (ii) or (iii) of this subparagraph that most closely 297 |
---|
| 375 | + | fits the cannabis or cannabis product, as determined by mathematical 298 |
---|
| 376 | + | Raised Bill No. 7178 |
---|
368 | | - | (G) Impervious packaging that protects the contents of such 312 |
---|
369 | | - | packaging from contamination and exposure to any toxic or harmful 313 |
---|
370 | | - | substance, including, but not limited to, any glue or other adhesive or 314 |
---|
371 | | - | substance that is incorporated in such packaging. 315 |
---|
372 | | - | (H) Product tracking information sufficient to determine where and 316 |
---|
373 | | - | when the cannabis was grown and manufactured such that a product 317 |
---|
374 | | - | recall could be effectuated. 318 |
---|
375 | | - | (I) A net weight statement. 319 |
---|
376 | | - | (J) A recommended use by or expiration date. 320 |
---|
377 | | - | (K) Standard and uniform packaging and labeling, including, but not 321 |
---|
378 | | - | limited to, requirements (i) regarding branding or logos, (ii) that all 322 |
---|
379 | | - | packaging be opaque, and (iii) that amounts and concentrations of THC 323 |
---|
380 | | - | and cannabidiol, per serving and per package, be clearly marked on the 324 |
---|
381 | | - | packaging or label of any cannabis product sold. 325 |
---|
382 | | - | (L) For any cannabis concentrate cannabis product that contains a 326 |
---|
383 | | - | total THC percentage greater than thirty per cent, a warning that such 327 |
---|
384 | | - | cannabis product is a high-potency product and may increase the risk 328 |
---|
385 | | - | of psychosis. 329 |
---|
386 | | - | (M) Chemotypes, which shall be displayed as (i) "High THC, Low 330 |
---|
387 | | - | CBD" where the ratio of THC to CBD is greater than five to one and the 331 |
---|
388 | | - | total THC percentage is at least fifteen per cent, (ii) "Moderate THC, 332 |
---|
389 | | - | Moderate CBD" where the ratio of THC to CBD is at least one to five but 333 |
---|
390 | | - | not greater than five to one and the total THC percentage is greater than 334 |
---|
391 | | - | five per cent but less than fifteen per cent, (iii) "Low THC, High CBD" 335 |
---|
392 | | - | where the ratio of THC to CBD is less than one to five and the total THC 336 |
---|
393 | | - | percentage is not greater than five per cent, or (iv) the chemotype 337 |
---|
394 | | - | described in clause (i), (ii) or (iii) of this subparagraph that most closely 338 |
---|
395 | | - | fits the cannabis or cannabis product, as determined by mathematical 339 |
---|
396 | | - | analysis of the ratio of THC to CBD, where such cannabis or cannabis 340 |
---|
397 | | - | product does not fit a chemotype described in clause (i), (ii) or (iii) of 341 |
---|
398 | | - | this subparagraph. 342 Substitute Bill No. 7178 |
---|
| 380 | + | LCO No. 5810 11 of 50 |
---|
| 381 | + | |
---|
| 382 | + | analysis of the ratio of THC to CBD, where such cannabis or cannabis 299 |
---|
| 383 | + | product does not fit a chemotype described in clause (i), (ii) or (iii) of 300 |
---|
| 384 | + | this subparagraph. 301 |
---|
| 385 | + | (N) A requirement that, prior to being sold and transferred to a 302 |
---|
| 386 | + | consumer, qualifying patient or caregiver, cannabis packaging be 303 |
---|
| 387 | + | clearly labeled, whether printed directly on such packaging or affixed 304 |
---|
| 388 | + | by way of a separate label, other than an extended content label, with: 305 |
---|
| 389 | + | (i) A unique identifier generated by a cannabis analytic tracking 306 |
---|
| 390 | + | system maintained by the department and used to track cannabis under 307 |
---|
| 391 | + | the policies and procedures issued, and final regulations adopted, by 308 |
---|
| 392 | + | the commissioner pursuant to this section; and 309 |
---|
| 393 | + | (ii) The following information concerning the cannabis contained in 310 |
---|
| 394 | + | such packaging, which shall be in legible English, black lettering, Times 311 |
---|
| 395 | + | New Roman font, flat regular typeface, on a contrasting background 312 |
---|
| 396 | + | and in uniform size of not less than one-tenth of one inch, based on a 313 |
---|
| 397 | + | capital letter "K", which information shall also be available on the 314 |
---|
| 398 | + | Internet web site of the cannabis establishment that sells and transfers 315 |
---|
| 399 | + | such cannabis: 316 |
---|
| 400 | + | (I) The name of such cannabis, as registered with the department 317 |
---|
| 401 | + | under the policies and procedures issued, and final regulations adopted, 318 |
---|
| 402 | + | by the commissioner pursuant to this section. 319 |
---|
| 403 | + | (II) The expiration date, which shall not account for any refrigeration 320 |
---|
| 404 | + | after such cannabis is sold and transferred to the consumer, qualifying 321 |
---|
| 405 | + | patient or caregiver. 322 |
---|
| 406 | + | (III) The net weight or volume, expressed in metric and imperial 323 |
---|
| 407 | + | units. 324 |
---|
| 408 | + | (IV) The standardized serving size, expressed in customary units, and 325 |
---|
| 409 | + | the number of servings included in such packaging, if applicable. 326 |
---|
| 410 | + | (V) Directions for use and storage. 327 |
---|
| 411 | + | Raised Bill No. 7178 |
---|
403 | | - | (N) A requirement that, prior to being sold and transferred to a 343 |
---|
404 | | - | consumer, qualifying patient or caregiver, cannabis packaging be 344 |
---|
405 | | - | clearly labeled, whether printed directly on such packaging or affixed 345 |
---|
406 | | - | by way of a separate label, other than an extended content label, with: 346 |
---|
407 | | - | (i) A unique identifier generated by a cannabis analytic tracking 347 |
---|
408 | | - | system maintained by the department and used to track cannabis under 348 |
---|
409 | | - | the policies and procedures issued, and final regulations adopted, by 349 |
---|
410 | | - | the commissioner pursuant to this section; and 350 |
---|
411 | | - | (ii) The following information concerning the cannabis contained in 351 |
---|
412 | | - | such packaging, which shall be in legible English, black lettering, Times 352 |
---|
413 | | - | New Roman font, flat regular typeface, on a contrasting background 353 |
---|
414 | | - | and in uniform size of not less than one-tenth of one inch, based on a 354 |
---|
415 | | - | capital letter "K", which information shall also be available on the 355 |
---|
416 | | - | Internet web site of the cannabis establishment that sells and transfers 356 |
---|
417 | | - | such cannabis: 357 |
---|
418 | | - | (I) The name of such cannabis, as registered with the department 358 |
---|
419 | | - | under the policies and procedures issued, and final regulations adopted, 359 |
---|
420 | | - | by the commissioner pursuant to this section. 360 |
---|
421 | | - | (II) The expiration date, which shall not account for any refrigeration 361 |
---|
422 | | - | after such cannabis is sold and transferred to the consumer, qualifying 362 |
---|
423 | | - | patient or caregiver. 363 |
---|
424 | | - | (III) The net weight or volume, expressed in metric and imperial 364 |
---|
425 | | - | units. 365 |
---|
426 | | - | (IV) The standardized serving size, expressed in customary units, and 366 |
---|
427 | | - | the number of servings included in such packaging, if applicable. 367 |
---|
428 | | - | (V) Directions for use and storage. 368 |
---|
429 | | - | (VI) Each active ingredient comprising at least one per cent of such 369 |
---|
430 | | - | cannabis, including cannabinoids, isomers, esters, ethers and salts and 370 |
---|
431 | | - | salts of isomers, esters and ethers, and all quantities thereof expressed 371 |
---|
432 | | - | in metric units and as a percentage of volume. 372 Substitute Bill No. 7178 |
---|
| 415 | + | LCO No. 5810 12 of 50 |
---|
| 416 | + | |
---|
| 417 | + | (VI) Each active ingredient comprising at least one per cent of such 328 |
---|
| 418 | + | cannabis, including cannabinoids, isomers, esters, ethers and salts and 329 |
---|
| 419 | + | salts of isomers, esters and ethers, and all quantities thereof expressed 330 |
---|
| 420 | + | in metric units and as a percentage of volume. 331 |
---|
| 421 | + | (VII) A list of all known allergens, as identified by the federal Food 332 |
---|
| 422 | + | and Drug Administration, contained in such cannabis, or the denotation 333 |
---|
| 423 | + | "no known FDA identified allergens" if such cannabis does not contain 334 |
---|
| 424 | + | any allergen identified by the federal Food and Drug Administration. 335 |
---|
| 425 | + | (VIII) The following warning statement within, and outlined by, a red 336 |
---|
| 426 | + | box: 337 |
---|
| 427 | + | "This product is not FDA-approved, may be intoxicating, cause long-338 |
---|
| 428 | + | term physical and mental health problems, and have delayed side 339 |
---|
| 429 | + | effects. It is illegal to operate a vehicle or machinery under the influence 340 |
---|
| 430 | + | of cannabis. Keep away from children." 341 |
---|
| 431 | + | (IX) At least one of the following warning statements, rotated 342 |
---|
| 432 | + | quarterly on an alternating basis: 343 |
---|
| 433 | + | "Warning: Frequent and prolonged use of cannabis can contribute to 344 |
---|
| 434 | + | mental health problems over time, including anxiety, depression, 345 |
---|
| 435 | + | stunted brain development and impaired memory." 346 |
---|
| 436 | + | "Warning: Consumption while pregnant or breastfeeding may be 347 |
---|
| 437 | + | harmful." 348 |
---|
| 438 | + | "Warning: Cannabis has intoxicating effects and may be habit-349 |
---|
| 439 | + | forming and addictive." 350 |
---|
| 440 | + | "Warning: Consuming more than the recommended amount may 351 |
---|
| 441 | + | result in adverse effects requiring medical attention.". 352 |
---|
| 442 | + | (X) All information necessary to comply with labeling requirements 353 |
---|
| 443 | + | imposed under the laws of this state and federal law, including, but not 354 |
---|
| 444 | + | limited to, sections 21a-91 to 21a-120, inclusive, and 21a-151 to 21a-159, 355 |
---|
| 445 | + | Raised Bill No. 7178 |
---|
437 | | - | (VII) A list of all known allergens, as identified by the federal Food 373 |
---|
438 | | - | and Drug Administration, contained in such cannabis, or the denotation 374 |
---|
439 | | - | "no known FDA identified allergens" if such cannabis does not contain 375 |
---|
440 | | - | any allergen identified by the federal Food and Drug Administration. 376 |
---|
441 | | - | (VIII) The following warning statement within, and outlined by, a red 377 |
---|
442 | | - | box: 378 |
---|
443 | | - | "This product is not FDA-approved, may be intoxicating, cause long-379 |
---|
444 | | - | term physical and mental health problems, and have delayed side 380 |
---|
445 | | - | effects. It is illegal to operate a vehicle or machinery under the influence 381 |
---|
446 | | - | of cannabis. Keep away from children." 382 |
---|
447 | | - | (IX) At least one of the following warning statements, rotated 383 |
---|
448 | | - | quarterly on an alternating basis: 384 |
---|
449 | | - | "Warning: Frequent and prolonged use of cannabis can contribute to 385 |
---|
450 | | - | mental health problems over time, including anxiety, depression, 386 |
---|
451 | | - | stunted brain development and impaired memory." 387 |
---|
452 | | - | "Warning: Consumption while pregnant or breastfeeding may be 388 |
---|
453 | | - | harmful." 389 |
---|
454 | | - | "Warning: Cannabis has intoxicating effects and may be habit-390 |
---|
455 | | - | forming and addictive." 391 |
---|
456 | | - | "Warning: Consuming more than the recommended amount may 392 |
---|
457 | | - | result in adverse effects requiring medical attention.". 393 |
---|
458 | | - | (X) All information necessary to comply with labeling requirements 394 |
---|
459 | | - | imposed under the laws of this state and federal law, including, but not 395 |
---|
460 | | - | limited to, sections 21a-91 to 21a-120, inclusive, and 21a-151 to 21a-159, 396 |
---|
461 | | - | inclusive, the Federal Food, Drug and Cosmetic Act, 21 USC 301 et seq., 397 |
---|
462 | | - | as amended from time to time, and the federal Fair Packaging and 398 |
---|
463 | | - | Labeling Act, 15 USC 1451 et seq., as amended from time to time, for 399 |
---|
464 | | - | similar products that do not contain cannabis. 400 |
---|
465 | | - | (XI) Such additional warning labels for certain cannabis products as 401 Substitute Bill No. 7178 |
---|
| 449 | + | LCO No. 5810 13 of 50 |
---|
| 450 | + | |
---|
| 451 | + | inclusive, the Federal Food, Drug and Cosmetic Act, 21 USC 301 et seq., 356 |
---|
| 452 | + | as amended from time to time, and the federal Fair Packaging and 357 |
---|
| 453 | + | Labeling Act, 15 USC 1451 et seq., as amended from time to time, for 358 |
---|
| 454 | + | similar products that do not contain cannabis. 359 |
---|
| 455 | + | (XI) Such additional warning labels for certain cannabis products as 360 |
---|
| 456 | + | the commissioner may require and post on the department's Internet 361 |
---|
| 457 | + | web site. 362 |
---|
| 458 | + | (6) Establishing laboratory testing standards, consumer disclosures 363 |
---|
| 459 | + | concerning mold and yeast in cannabis and permitted remediation 364 |
---|
| 460 | + | practices. 365 |
---|
| 461 | + | (7) Restricting forms of cannabis products and cannabis product 366 |
---|
| 462 | + | delivery systems to ensure consumer safety and deter public health 367 |
---|
| 463 | + | concerns. 368 |
---|
| 464 | + | (8) Prohibiting certain manufacturing methods, or inclusion of 369 |
---|
| 465 | + | additives to cannabis products, including, but not limited to, (A) added 370 |
---|
| 466 | + | flavoring, terpenes or other additives unless approved by the 371 |
---|
| 467 | + | department, or (B) any form of nicotine or other additive containing 372 |
---|
| 468 | + | nicotine. 373 |
---|
| 469 | + | (9) Prohibiting cannabis product types that appeal to children. 374 |
---|
| 470 | + | (10) Establishing physical and cyber security requirements related to 375 |
---|
| 471 | + | build out, monitoring and protocols for cannabis establishments as a 376 |
---|
| 472 | + | requirement for licensure. 377 |
---|
| 473 | + | (11) Placing temporary limits on the sale of cannabis in the adult-use 378 |
---|
| 474 | + | market, if deemed appropriate and necessary by the commissioner, in 379 |
---|
| 475 | + | response to a shortage of cannabis for qualifying patients. 380 |
---|
| 476 | + | (12) Requiring retailers and hybrid retailers to make best efforts to 381 |
---|
| 477 | + | provide access to (A) low-dose THC products, including products that 382 |
---|
| 478 | + | have one milligram and two and a half milligrams of THC per dose, and 383 |
---|
| 479 | + | (B) high-dose CBD products. 384 |
---|
| 480 | + | Raised Bill No. 7178 |
---|
470 | | - | the commissioner may require and post on the department's Internet 402 |
---|
471 | | - | web site. 403 |
---|
472 | | - | (6) Establishing laboratory testing standards, consumer disclosures 404 |
---|
473 | | - | concerning mold and yeast in cannabis and permitted remediation 405 |
---|
474 | | - | practices. 406 |
---|
475 | | - | (7) Restricting forms of cannabis products and cannabis product 407 |
---|
476 | | - | delivery systems to ensure consumer safety and deter public health 408 |
---|
477 | | - | concerns. 409 |
---|
478 | | - | (8) Prohibiting certain manufacturing methods, or inclusion of 410 |
---|
479 | | - | additives to cannabis products, including, but not limited to, (A) added 411 |
---|
480 | | - | flavoring, terpenes or other additives unless approved by the 412 |
---|
481 | | - | department, or (B) any form of nicotine or other additive containing 413 |
---|
482 | | - | nicotine. 414 |
---|
483 | | - | (9) Prohibiting cannabis product types that appeal to children, 415 |
---|
484 | | - | including, but not limited to, facsimiles of foods, beverages and other 416 |
---|
485 | | - | items that appeal to children. 417 |
---|
486 | | - | (10) Establishing physical and cyber security requirements related to 418 |
---|
487 | | - | build out, monitoring and protocols for cannabis establishments as a 419 |
---|
488 | | - | requirement for licensure. 420 |
---|
489 | | - | (11) Placing temporary limits on the sale of cannabis in the adult-use 421 |
---|
490 | | - | market, if deemed appropriate and necessary by the commissioner, in 422 |
---|
491 | | - | response to a shortage of cannabis for qualifying patients. 423 |
---|
492 | | - | (12) Requiring retailers and hybrid retailers to make best efforts to 424 |
---|
493 | | - | provide access to (A) low-dose THC products, including products that 425 |
---|
494 | | - | have one milligram and two and a half milligrams of THC per dose, and 426 |
---|
495 | | - | (B) high-dose CBD products. 427 |
---|
496 | | - | (13) Requiring producers, cultivators, micro-cultivators, product 428 |
---|
497 | | - | manufacturers and food and beverage manufacturers to register brand 429 |
---|
498 | | - | names for cannabis, in accordance with the policies and procedures and 430 |
---|
499 | | - | subject to the fee set forth in, regulations adopted under chapter 420f. 431 Substitute Bill No. 7178 |
---|
| 484 | + | LCO No. 5810 14 of 50 |
---|
| 485 | + | |
---|
| 486 | + | (13) Requiring producers, cultivators, micro-cultivators, product 385 |
---|
| 487 | + | manufacturers and food and beverage manufacturers to register brand 386 |
---|
| 488 | + | names for cannabis, in accordance with the policies and procedures and 387 |
---|
| 489 | + | subject to the fee set forth in, regulations adopted under chapter 420f. 388 |
---|
| 490 | + | (14) Prohibiting a cannabis establishment from selling, other than the 389 |
---|
| 491 | + | sale of medical marijuana products between cannabis establishments 390 |
---|
| 492 | + | and the sale of cannabis to qualified patients and caregivers, (A) 391 |
---|
| 493 | + | cannabis flower or other cannabis plant material with a total THC 392 |
---|
| 494 | + | concentration greater than thirty per cent on a dry-weight basis, [and] 393 |
---|
| 495 | + | (B) any cannabis product, other than cannabis flower, [and] cannabis 394 |
---|
| 496 | + | plant material and any prefilled cartridge for use in an electronic 395 |
---|
| 497 | + | cannabis delivery system, with a total THC concentration greater than 396 |
---|
| 498 | + | sixty per cent on a dry-weight basis, except that [the provisions of 397 |
---|
| 499 | + | subparagraph (B) of this subdivision shall not apply to the sale of 398 |
---|
| 500 | + | prefilled cartridges for use in an electronic cannabis delivery system, as 399 |
---|
| 501 | + | defined in section 19a-342a and] the department may adjust the 400 |
---|
| 502 | + | percentages set forth in subparagraph (A) or (B) of this subdivision in 401 |
---|
| 503 | + | regulations adopted pursuant to this section for purposes of public 402 |
---|
| 504 | + | health or to address market access or shortage, and (C) any prefilled 403 |
---|
| 505 | + | cartridge for use in an electronic cannabis delivery system that contains 404 |
---|
| 506 | + | more than five hundred milligrams of THC per cartridge or allows a 405 |
---|
| 507 | + | person to inhale more than two milligrams of THC per inhalation. As 406 |
---|
| 508 | + | used in this subdivision, (i) "cannabis plant material" means material 407 |
---|
| 509 | + | from the cannabis plant, as defined in section 21a-279a, and (ii) 408 |
---|
| 510 | + | "electronic cannabis delivery system" has the same meaning as provided 409 |
---|
| 511 | + | in section 19a-342a. 410 |
---|
| 512 | + | (15) Permitting the outdoor cultivation of cannabis. 411 |
---|
| 513 | + | (16) Prohibiting packaging that is (A) visually similar to any 412 |
---|
| 514 | + | commercially similar product that does not contain cannabis, or (B) used 413 |
---|
| 515 | + | for any good that is marketed to individuals reasonably expected to be 414 |
---|
| 516 | + | younger than twenty-one years of age. 415 |
---|
| 517 | + | Raised Bill No. 7178 |
---|
504 | | - | (14) Prohibiting a cannabis establishment from selling, other than the 432 |
---|
505 | | - | sale of medical marijuana products between cannabis establishments 433 |
---|
506 | | - | and the sale of cannabis to qualified patients and caregivers, (A) 434 |
---|
507 | | - | cannabis flower or other cannabis plant material with a total THC 435 |
---|
508 | | - | concentration greater than thirty per cent on a dry-weight basis, and (B) 436 |
---|
509 | | - | any cannabis product other than cannabis flower and cannabis plant 437 |
---|
510 | | - | material with a total THC concentration greater than sixty per cent on a 438 |
---|
511 | | - | dry-weight basis, except that the provisions of subparagraph (B) of this 439 |
---|
512 | | - | subdivision shall not apply to the sale of prefilled cartridges for use in 440 |
---|
513 | | - | an electronic cannabis delivery system, as defined in section 19a-342a 441 |
---|
514 | | - | and the department may adjust the percentages set forth in 442 |
---|
515 | | - | subparagraph (A) or (B) of this subdivision in regulations adopted 443 |
---|
516 | | - | pursuant to this section for purposes of public health or to address 444 |
---|
517 | | - | market access or shortage. As used in this subdivision, "cannabis plant 445 |
---|
518 | | - | material" means material from the cannabis plant, as defined in section 446 |
---|
519 | | - | 21a-279a. 447 |
---|
520 | | - | (15) Permitting the outdoor cultivation of cannabis, including, but not 448 |
---|
521 | | - | limited to, the outdoor cultivation of cannabis at one or more locations 449 |
---|
522 | | - | physically removed from a cultivator's or micro-cultivator's indoor 450 |
---|
523 | | - | cultivation facility, provided the cultivator's or micro-cultivator's 451 |
---|
524 | | - | combined indoor grow space shall not, in the aggregate, exceed the 452 |
---|
525 | | - | maximum grow space permitted for a cultivator or micro-cultivator. 453 |
---|
526 | | - | (16) Prohibiting packaging that is (A) visually similar to any 454 |
---|
527 | | - | commercially similar product that does not contain cannabis, or (B) used 455 |
---|
528 | | - | for any good that is marketed to individuals reasonably expected to be 456 |
---|
529 | | - | younger than twenty-one years of age. 457 |
---|
530 | | - | (17) Allowing packaging to include a picture of the cannabis product 458 |
---|
531 | | - | and contain a logo [of one cannabis establishment] or mark, which logo 459 |
---|
532 | | - | or mark may be comprised of [not more than three] colors and [provided 460 |
---|
533 | | - | neither black nor white shall be considered one of such three colors] 461 |
---|
534 | | - | graphics. 462 |
---|
535 | | - | [(18) Requiring packaging to (A) be entirely and uniformly one color, 463 Substitute Bill No. 7178 |
---|
| 521 | + | LCO No. 5810 15 of 50 |
---|
| 522 | + | |
---|
| 523 | + | (17) Allowing packaging to include a picture of the cannabis product 416 |
---|
| 524 | + | and contain a logo of one cannabis establishment, which logo may be 417 |
---|
| 525 | + | comprised of not more than three colors and provided neither black nor 418 |
---|
| 526 | + | white shall be considered one of such three colors. 419 |
---|
| 527 | + | (18) Requiring packaging to (A) be entirely and uniformly one color, 420 |
---|
| 528 | + | and (B) not incorporate any information, print, embossing, debossing, 421 |
---|
| 529 | + | graphic or hidden feature, other than any permitted or required label. 422 |
---|
| 530 | + | (19) Requiring that packaging and labeling for an edible cannabis 423 |
---|
| 531 | + | product, excluding the warning labels required under this subsection 424 |
---|
| 532 | + | and a picture of the cannabis product described in subdivision (17) of 425 |
---|
| 533 | + | this subsection but including, but not limited to, the logo of the cannabis 426 |
---|
| 534 | + | establishment, shall only be comprised of black and white or a 427 |
---|
| 535 | + | combination thereof. 428 |
---|
| 536 | + | (20) (A) Except as provided in subparagraph (B) of this subdivision, 429 |
---|
| 537 | + | requiring that delivery device cartridges be labeled, in a clearly legible 430 |
---|
| 538 | + | manner and in as large a font as the size of the device reasonably allows, 431 |
---|
| 539 | + | with only the following information (i) the name of the cannabis 432 |
---|
| 540 | + | establishment where the cannabis is grown or manufactured, (ii) the 433 |
---|
| 541 | + | cannabis brand, (iii) the total THC and total CBD content contained 434 |
---|
| 542 | + | within the delivery device cartridge, (iv) the expiration date, and (v) the 435 |
---|
| 543 | + | unique identifier generated by a cannabis analytic tracking system 436 |
---|
| 544 | + | maintained by the department and used to track cannabis under the 437 |
---|
| 545 | + | policies and procedures issued, and final regulations adopted, by the 438 |
---|
| 546 | + | commissioner pursuant to this section. 439 |
---|
| 547 | + | (B) A cannabis establishment may emboss, deboss or similarly print 440 |
---|
| 548 | + | the name of the cannabis establishment's business entity, and one logo 441 |
---|
| 549 | + | with not more than three colors, on a delivery device cartridge. 442 |
---|
| 550 | + | (21) Prescribing signage to be prominently displayed at dispensary 443 |
---|
| 551 | + | facilities, retailers and hybrid retailers disclosing (A) possible health 444 |
---|
| 552 | + | risks related to mold, and (B) the use and possible health risks related to 445 |
---|
| 553 | + | the use of mold remediation techniques. 446 |
---|
| 554 | + | Raised Bill No. 7178 |
---|
540 | | - | and (B) not incorporate any information, print, embossing, debossing, 464 |
---|
541 | | - | graphic or hidden feature, other than any permitted or required label. 465 |
---|
542 | | - | (19) Requiring that packaging and labeling for an edible cannabis 466 |
---|
543 | | - | product, excluding the warning labels required under this subsection 467 |
---|
544 | | - | and a picture of the cannabis product described in subdivision (17) of 468 |
---|
545 | | - | this subsection but including, but not limited to, the logo of the cannabis 469 |
---|
546 | | - | establishment, shall only be comprised of black and white or a 470 |
---|
547 | | - | combination thereof.] 471 |
---|
548 | | - | [(20)] (18) (A) Except as provided in subparagraph (B) of this 472 |
---|
549 | | - | subdivision, requiring that delivery device cartridges be labeled, in a 473 |
---|
550 | | - | clearly legible manner and in as large a font as the size of the device 474 |
---|
551 | | - | reasonably allows, with only the following information (i) the name of 475 |
---|
552 | | - | the cannabis establishment where the cannabis is grown or 476 |
---|
553 | | - | manufactured, (ii) the cannabis brand, (iii) the total THC and total CBD 477 |
---|
554 | | - | content contained within the delivery device cartridge, (iv) the 478 |
---|
555 | | - | expiration date, and (v) the unique identifier generated by a cannabis 479 |
---|
556 | | - | analytic tracking system maintained by the department and used to 480 |
---|
557 | | - | track cannabis under the policies and procedures issued, and final 481 |
---|
558 | | - | regulations adopted, by the commissioner pursuant to this section. 482 |
---|
559 | | - | (B) A cannabis establishment may emboss, deboss or similarly print 483 |
---|
560 | | - | [the] a name [of the cannabis establishment's business entity, and one 484 |
---|
561 | | - | logo with not more than three colors,] or other identifying mark on a 485 |
---|
562 | | - | delivery device cartridge. 486 |
---|
563 | | - | [(21)] (19) Prescribing signage to be prominently displayed at 487 |
---|
564 | | - | dispensary facilities, retailers and hybrid retailers disclosing (A) 488 |
---|
565 | | - | possible health risks related to mold, and (B) the use and possible health 489 |
---|
566 | | - | risks related to the use of mold remediation techniques. 490 |
---|
567 | | - | Sec. 9. Subsection (b) of section 21a-421k of the general statutes is 491 |
---|
568 | | - | repealed and the following is substituted in lieu thereof (Effective from 492 |
---|
569 | | - | passage): 493 |
---|
570 | | - | (b) Notwithstanding the requirements of sections 4-168 to 4-172, 494 Substitute Bill No. 7178 |
---|
| 558 | + | LCO No. 5810 16 of 50 |
---|
| 559 | + | |
---|
| 560 | + | Sec. 8. Section 21a-421l of the general statutes is repealed and the 447 |
---|
| 561 | + | following is substituted in lieu thereof (Effective from passage): 448 |
---|
| 562 | + | (a) Each cannabis establishment shall establish, maintain and comply 449 |
---|
| 563 | + | with written policies and procedures for the cultivation, processing, 450 |
---|
| 564 | + | manufacture, security, storage, inventory and distribution of cannabis, 451 |
---|
| 565 | + | as applicable to the specific license type. Such policies and procedures 452 |
---|
| 566 | + | shall include methods for identifying, recording and reporting 453 |
---|
| 567 | + | diversion, theft or loss, and for correcting all errors and inaccuracies in 454 |
---|
| 568 | + | inventories. Cannabis establishments shall include in their written 455 |
---|
| 569 | + | policies and procedures a process for each of the following, if the 456 |
---|
| 570 | + | establishment engages in such activity: 457 |
---|
| 571 | + | (1) Handling mandatory and voluntary recalls of cannabis. Such 458 |
---|
| 572 | + | process shall be adequate to deal with recalls due to any order of the 459 |
---|
| 573 | + | commissioner and any voluntary action by the cannabis establishment 460 |
---|
| 574 | + | to remove defective or potentially defective cannabis from the market 461 |
---|
| 575 | + | or any action undertaken to promote public health and safety by 462 |
---|
| 576 | + | replacing existing cannabis with improved products or packaging; 463 |
---|
| 577 | + | (2) Preparing for, protecting against and handling any crisis that 464 |
---|
| 578 | + | affects the security or operation of any facility used in the operation of 465 |
---|
| 579 | + | a cannabis establishment in the event of a strike, fire, flood or other 466 |
---|
| 580 | + | natural disaster, or other situations of local, state or national emergency; 467 |
---|
| 581 | + | (3) Ensuring that any outdated, damaged, deteriorated, misbranded 468 |
---|
| 582 | + | or adulterated cannabis is segregated from all other inventory and 469 |
---|
| 583 | + | destroyed. Such procedure shall provide for written documentation of 470 |
---|
| 584 | + | the cannabis disposition; and 471 |
---|
| 585 | + | (4) Ensuring the oldest stock of a cannabis is sold, delivered or 472 |
---|
| 586 | + | dispensed first. Such procedure may permit deviation from this 473 |
---|
| 587 | + | requirement, if such deviation is temporary and approved by the 474 |
---|
| 588 | + | commissioner. 475 |
---|
| 589 | + | (b) A cannabis establishment shall (1) store all cannabis in such a 476 |
---|
| 590 | + | Raised Bill No. 7178 |
---|
575 | | - | inclusive, in order to effectuate the purposes of RERACA and protect 495 |
---|
576 | | - | public health and safety, prior to adopting such regulations the 496 |
---|
577 | | - | commissioner shall implement policies and procedures to implement 497 |
---|
578 | | - | the provisions of RERACA that shall have the force and effect of law. 498 |
---|
579 | | - | The commissioner shall post all such policies and procedures on the 499 |
---|
580 | | - | department's Internet web site and submit such policies and procedures 500 |
---|
581 | | - | to the Secretary of the State for posting on the eRegulations System, at 501 |
---|
582 | | - | least fifteen days prior to the effective date of any policy or procedure. 502 |
---|
583 | | - | Any such policies and procedures shall no longer be effective upon the 503 |
---|
584 | | - | earlier of either adoption of such policies and procedures as a final 504 |
---|
585 | | - | regulation under section 4-172 or [forty-eight] sixty months from June 505 |
---|
586 | | - | 22, 2021, if such regulations have not been submitted to the legislative 506 |
---|
587 | | - | regulation review committee for consideration under section 4-170. 507 |
---|
588 | | - | Sec. 10. Section 21a-421l of the general statutes is repealed and the 508 |
---|
589 | | - | following is substituted in lieu thereof (Effective from passage): 509 |
---|
590 | | - | (a) Each cannabis establishment shall establish, maintain and comply 510 |
---|
591 | | - | with written policies and procedures for the cultivation, processing, 511 |
---|
592 | | - | manufacture, security, storage, inventory and distribution of cannabis, 512 |
---|
593 | | - | as applicable to the specific license type. Such policies and procedures 513 |
---|
594 | | - | shall include methods for identifying, recording and reporting 514 |
---|
595 | | - | diversion, theft or loss, and for correcting all errors and inaccuracies in 515 |
---|
596 | | - | inventories. Cannabis establishments shall include in their written 516 |
---|
597 | | - | policies and procedures a process for each of the following, if the 517 |
---|
598 | | - | establishment engages in such activity: 518 |
---|
599 | | - | (1) Handling mandatory and voluntary recalls of cannabis. Such 519 |
---|
600 | | - | process shall be adequate to deal with recalls due to any order of the 520 |
---|
601 | | - | commissioner and any voluntary action by the cannabis establishment 521 |
---|
602 | | - | to remove defective or potentially defective cannabis from the market 522 |
---|
603 | | - | or any action undertaken to promote public health and safety by 523 |
---|
604 | | - | replacing existing cannabis with improved products or packaging; 524 |
---|
605 | | - | (2) Preparing for, protecting against and handling any crisis that 525 |
---|
606 | | - | affects the security or operation of any facility used in the operation of 526 Substitute Bill No. 7178 |
---|
| 594 | + | LCO No. 5810 17 of 50 |
---|
| 595 | + | |
---|
| 596 | + | manner as to prevent diversion, theft or loss, (2) make cannabis 477 |
---|
| 597 | + | accessible only to the minimum number of specifically authorized 478 |
---|
| 598 | + | employees essential for efficient operation, and (3) return any cannabis 479 |
---|
| 599 | + | to a secure location at the end of the scheduled business day. For the 480 |
---|
| 600 | + | purposes of this subsection, a location shall be deemed to be secure if 481 |
---|
| 601 | + | the location satisfies the requirements imposed in subsection (b) of 482 |
---|
| 602 | + | section 21a-262-4 of the regulations of Connecticut state agencies for 483 |
---|
| 603 | + | controlled substances listed in schedules III, IV and V of the Connecticut 484 |
---|
| 604 | + | controlled substance scheduling regulations adopted pursuant to 485 |
---|
| 605 | + | section 21a-243. 486 |
---|
| 606 | + | (c) Notwithstanding any provision of this chapter, a cannabis 487 |
---|
| 607 | + | establishment shall not be required to report to the department any 488 |
---|
| 608 | + | diversion, theft or loss of cannabis until the cannabis establishment has 489 |
---|
| 609 | + | completed an investigation of such diversion, theft or loss, provided the 490 |
---|
| 610 | + | value of the diverted, stolen or lost cannabis does not exceed five 491 |
---|
| 611 | + | hundred dollars. 492 |
---|
| 612 | + | Sec. 9. Subsection (x) of section 22-61m of the general statutes is 493 |
---|
| 613 | + | repealed and the following is substituted in lieu thereof (Effective from 494 |
---|
| 614 | + | passage): 495 |
---|
| 615 | + | (x) No manufacturer hemp product that is a food, beverage, oil or 496 |
---|
| 616 | + | other product intended for human ingestion shall be distributed or sold 497 |
---|
| 617 | + | in this state unless such product is contained within a package, or a label 498 |
---|
| 618 | + | is affixed to such package, that includes: 499 |
---|
| 619 | + | (1) A scannable barcode, Internet web site address or quick response 500 |
---|
| 620 | + | code that is linked to the certificate of analysis of the final form product 501 |
---|
| 621 | + | batch by an independent testing laboratory and discloses: 502 |
---|
| 622 | + | (A) The name of such product; 503 |
---|
| 623 | + | (B) The name, address and telephone number of such product's 504 |
---|
| 624 | + | manufacturer, packer and distributor, as applicable; 505 |
---|
| 625 | + | Raised Bill No. 7178 |
---|
611 | | - | a cannabis establishment in the event of a strike, fire, flood or other 527 |
---|
612 | | - | natural disaster, or other situations of local, state or national emergency; 528 |
---|
613 | | - | (3) Ensuring that any outdated, damaged, deteriorated, misbranded 529 |
---|
614 | | - | or adulterated cannabis is segregated from all other inventory and 530 |
---|
615 | | - | destroyed. Such procedure shall provide for written documentation of 531 |
---|
616 | | - | the cannabis disposition; and 532 |
---|
617 | | - | (4) Ensuring the oldest stock of a cannabis is sold, delivered or 533 |
---|
618 | | - | dispensed first. Such procedure may permit deviation from this 534 |
---|
619 | | - | requirement, if such deviation is temporary and approved by the 535 |
---|
620 | | - | commissioner. 536 |
---|
621 | | - | (b) A cannabis establishment shall (1) store all cannabis in such a 537 |
---|
622 | | - | manner as to prevent diversion, theft or loss, (2) make cannabis 538 |
---|
623 | | - | accessible only to the minimum number of specifically authorized 539 |
---|
624 | | - | employees essential for efficient operation, and (3) return any cannabis 540 |
---|
625 | | - | to a secure location at the end of the scheduled business day. For the 541 |
---|
626 | | - | purposes of this subsection, a location shall be deemed to be secure if 542 |
---|
627 | | - | the location satisfies the requirements imposed in subsection (b) of 543 |
---|
628 | | - | section 21a-262-4 of the regulations of Connecticut state agencies for 544 |
---|
629 | | - | controlled substances listed in schedules III, IV and V of the Connecticut 545 |
---|
630 | | - | controlled substance scheduling regulations adopted pursuant to 546 |
---|
631 | | - | section 21a-243. 547 |
---|
632 | | - | (c) Notwithstanding any provision of this chapter, no cannabis 548 |
---|
633 | | - | establishment shall be required to report to the department any 549 |
---|
634 | | - | suspected diversion, theft or loss of cannabis until the cannabis 550 |
---|
635 | | - | establishment has completed an investigation of such suspected 551 |
---|
636 | | - | diversion, theft or loss, provided the value of the cannabis that the 552 |
---|
637 | | - | cannabis establishment suspects has been diverted, stolen or lost does 553 |
---|
638 | | - | not exceed five hundred dollars. 554 |
---|
639 | | - | Sec. 11. Subsection (x) of section 22-61m of the general statutes is 555 |
---|
640 | | - | repealed and the following is substituted in lieu thereof (Effective from 556 |
---|
641 | | - | passage): 557 Substitute Bill No. 7178 |
---|
| 629 | + | LCO No. 5810 18 of 50 |
---|
| 630 | + | |
---|
| 631 | + | (C) The batch number, which shall match the batch number on such 506 |
---|
| 632 | + | package or label; and 507 |
---|
| 633 | + | (D) The concentration of cannabinoids present in such product, 508 |
---|
| 634 | + | including, but not limited to, total THC and any cannabinoids or active 509 |
---|
| 635 | + | ingredients comprising at least one per cent of such product; 510 |
---|
| 636 | + | (2) The expiration or best by date for such product, if applicable; 511 |
---|
| 637 | + | (3) A clear and conspicuous statement disclosing that: 512 |
---|
| 638 | + | (A) [Children, or those] Those who are pregnant or breastfeeding [,] 513 |
---|
| 639 | + | should avoid using such product prior to consulting with a health care 514 |
---|
| 640 | + | professional concerning such product's safety; 515 |
---|
| 641 | + | (B) Products containing cannabinoids should be kept out of reach of 516 |
---|
| 642 | + | children; and 517 |
---|
| 643 | + | (C) The federal Food and Drug Administration has not evaluated 518 |
---|
| 644 | + | such product for safety or efficacy; and 519 |
---|
| 645 | + | (4) If such product is intended to be inhaled, a clear and conspicuous 520 |
---|
| 646 | + | warning statement disclosing that smoking or vaporizing is hazardous 521 |
---|
| 647 | + | to human health. 522 |
---|
| 648 | + | Sec. 10. Subdivision (1) of section 21a-420 of the general statutes is 523 |
---|
| 649 | + | repealed and the following is substituted in lieu thereof (Effective from 524 |
---|
| 650 | + | passage): 525 |
---|
| 651 | + | (1) "Responsible and Equitable Regulation of Adult-Use Cannabis 526 |
---|
| 652 | + | Act" or "RERACA" means this section, sections 2-56j, 7-294kk, 7-294ll, 527 |
---|
| 653 | + | 12-330ll to 12-330nn, inclusive, 14-227p, 21a-278b, 21a-278c, 21a-279c, 528 |
---|
| 654 | + | 21a-279d, 21a-420a to 21a-420j, inclusive, 21a-420l to 21a-421r, inclusive, 529 |
---|
| 655 | + | 21a-421aa to 21a-421ff, inclusive, 21a-421aaa to 21a-421hhh, inclusive, 530 |
---|
| 656 | + | 21a-422 to 21a-422c, inclusive, 21a-422e to 21a-422g, inclusive, 21a-422j 531 |
---|
| 657 | + | to 21a-422s, inclusive, 22-61n, 23-4b, 47a-9a, 53-247a, 53a-213a, 53a-213b, 532 |
---|
| 658 | + | 54-33p, 54-56q, 54-56r, 54-125k and 54-142u, sections 23, 60, 63 to 65, 533 |
---|
| 659 | + | Raised Bill No. 7178 |
---|
646 | | - | (x) No manufacturer hemp product that is a food, beverage, oil or 558 |
---|
647 | | - | other product intended for human ingestion shall be distributed or sold 559 |
---|
648 | | - | in this state unless such product is contained within a package, or a label 560 |
---|
649 | | - | is affixed to such package, that includes: 561 |
---|
650 | | - | (1) A scannable barcode, Internet web site address or quick response 562 |
---|
651 | | - | code that is linked to the certificate of analysis of the final form product 563 |
---|
652 | | - | batch by an independent testing laboratory and discloses: 564 |
---|
653 | | - | (A) The name of such product; 565 |
---|
654 | | - | (B) The name, address and telephone number of such product's 566 |
---|
655 | | - | manufacturer, packer and distributor, as applicable; 567 |
---|
656 | | - | (C) The batch number, which shall match the batch number on such 568 |
---|
657 | | - | package or label; and 569 |
---|
658 | | - | (D) The concentration of cannabinoids present in such product, 570 |
---|
659 | | - | including, but not limited to, total THC and any cannabinoids or active 571 |
---|
660 | | - | ingredients comprising at least one per cent of such product; 572 |
---|
661 | | - | (2) The expiration or best by date for such product, if applicable; 573 |
---|
662 | | - | (3) A clear and conspicuous statement disclosing that: 574 |
---|
663 | | - | (A) [Children, or those] Those who are pregnant or breastfeeding [,] 575 |
---|
664 | | - | should avoid using such product prior to consulting with a health care 576 |
---|
665 | | - | professional concerning such product's safety; 577 |
---|
666 | | - | (B) Products containing cannabinoids should be kept out of reach of 578 |
---|
667 | | - | children; and 579 |
---|
668 | | - | (C) The federal Food and Drug Administration has not evaluated 580 |
---|
669 | | - | such product for safety or efficacy; and 581 |
---|
670 | | - | (4) If such product is intended to be inhaled, a clear and conspicuous 582 |
---|
671 | | - | warning statement disclosing that smoking or vaporizing is hazardous 583 |
---|
672 | | - | to human health. 584 Substitute Bill No. 7178 |
---|
| 663 | + | LCO No. 5810 19 of 50 |
---|
| 664 | + | |
---|
| 665 | + | inclusive, 124, 144 and 165 of public act 21-1 of the June special session, 534 |
---|
| 666 | + | and the amendments in public act 21-1 of the June special session to 535 |
---|
| 667 | + | sections 7-148, 10-221, 12-30a, 12-35b, 12-412, 12-650, 12-704d, 14-44k, 14-536 |
---|
| 668 | + | 111e, 14-227a to 14-227c, inclusive, 14-227j, 15-140q, 15-140r, 18-100h, 537 |
---|
| 669 | + | 19a-342, 19a-342a, 21a-267, 21a-277, 21a-279, 21a-279a, 21a-408 to 21a-538 |
---|
| 670 | + | 408f, inclusive, 21a-408h to 21a-408p, inclusive, 21a-408r to 21a-408w, 539 |
---|
| 671 | + | inclusive, 21a-420aa, 21a-421s, 30-89a, 31-40q, 32-39, 46b-120, 51-164n, 540 |
---|
| 672 | + | 53-394, 53a-39c, 54-1m, 54-33g, 54-41b, 54-56e, 54-56g, 54-56i, 54-56k, 54-541 |
---|
| 673 | + | 56n, 54-63d, 54-66a and 54-142e, section 20 of public act 23-79 and 542 |
---|
| 674 | + | sections 11 to 13, inclusive, of this act; 543 |
---|
| 675 | + | Sec. 11. (NEW) (Effective from passage) Notwithstanding any provision 544 |
---|
| 676 | + | of chapter 420h of the general statutes, any provisional cultivator 545 |
---|
| 677 | + | licensee licensed under section 21a-420o of the general statutes that 546 |
---|
| 678 | + | submitted a completed cultivator license application pursuant to said 547 |
---|
| 679 | + | section during the period beginning June 1, 2024, and ending March 31, 548 |
---|
| 680 | + | 2025, may locate its cultivation facility at any location in this state that 549 |
---|
| 681 | + | is within a five-mile radius of any disproportionately impacted area, 550 |
---|
| 682 | + | provided: 551 |
---|
| 683 | + | (1) Any landlord that leases real property to the licensee for the 552 |
---|
| 684 | + | purpose of operating the cultivation facility shall remit (A) to the 553 |
---|
| 685 | + | cultivation employee support account established under section 12 of 554 |
---|
| 686 | + | this act four per cent of the gross revenue the landlord derives from 555 |
---|
| 687 | + | leasing such real property to the licensee, and (B) to the Cannabis Social 556 |
---|
| 688 | + | Equity and Innovation Fund established under section 21a-420f of the 557 |
---|
| 689 | + | general statutes three per cent of the gross revenue the landlord derives 558 |
---|
| 690 | + | from leasing such real property to the licensee, which remittance shall 559 |
---|
| 691 | + | be directed to the disproportionately impacted area of which the 560 |
---|
| 692 | + | licensee was a resident and that provided the basis for such licensee's 561 |
---|
| 693 | + | application; and 562 |
---|
| 694 | + | (2) At least sixty per cent of such licensee's employees shall reside in 563 |
---|
| 695 | + | the disproportionately impacted area described in subparagraph (B) of 564 |
---|
| 696 | + | subdivision (1) of this section. 565 |
---|
| 697 | + | Raised Bill No. 7178 |
---|
677 | | - | Sec. 12. Subdivision (1) of section 21a-420 of the general statutes is 585 |
---|
678 | | - | repealed and the following is substituted in lieu thereof (Effective from 586 |
---|
679 | | - | passage): 587 |
---|
680 | | - | (1) "Responsible and Equitable Regulation of Adult-Use Cannabis 588 |
---|
681 | | - | Act" or "RERACA" means this section, sections 2-56j, 7-294kk, 7-294ll, 589 |
---|
682 | | - | 12-330ll to 12-330nn, inclusive, 14-227p, 21a-278b, 21a-278c, 21a-279c, 590 |
---|
683 | | - | 21a-279d, 21a-420a to 21a-420j, inclusive, as amended by this act, 21a-591 |
---|
684 | | - | 420l to 21a-421r, inclusive, 21a-421aa to 21a-421ff, inclusive, 21a-421aaa 592 |
---|
685 | | - | to 21a-421hhh, inclusive, 21a-422 to 21a-422c, inclusive, 21a-422e to 21a-593 |
---|
686 | | - | 422g, inclusive, 21a-422j to 21a-422s, inclusive, 22-61n, 23-4b, 47a-9a, 53-594 |
---|
687 | | - | 247a, 53a-213a, 53a-213b, 54-33p, 54-56q, 54-56r, 54-125k and 54-142u, 595 |
---|
688 | | - | sections 23, 60, 63 to 65, inclusive, 124, 144 and 165 of public act 21-1 of 596 |
---|
689 | | - | the June special session, and the amendments in public act 21-1 of the 597 |
---|
690 | | - | June special session to sections 7-148, 10-221, 12-30a, 12-35b, 12-412, 12-598 |
---|
691 | | - | 650, 12-704d, 14-44k, 14-111e, 14-227a to 14-227c, inclusive, 14-227j, 15-599 |
---|
692 | | - | 140q, 15-140r, 18-100h, 19a-342, 19a-342a, 21a-267, 21a-277, 21a-279, 21a-600 |
---|
693 | | - | 279a, 21a-408 to 21a-408f, inclusive, 21a-408h to 21a-408p, inclusive, 21a-601 |
---|
694 | | - | 408r to 21a-408w, inclusive, 21a-420aa, 21a-421s, 30-89a, 31-40q, 32-39, 602 |
---|
695 | | - | 46b-120, 51-164n, 53-394, 53a-39c, 54-1m, 54-33g, 54-41b, 54-56e, 54-56g, 603 |
---|
696 | | - | 54-56i, 54-56k, 54-56n, 54-63d, 54-66a and 54-142e, section 20 of public 604 |
---|
697 | | - | act 23-79 and section 13 of this act; 605 |
---|
698 | | - | Sec. 13. (NEW) (Effective July 1, 2025) (a) During the period beginning 606 |
---|
699 | | - | July 1, 2025, and ending December 31, 2026, the department shall issue 607 |
---|
700 | | - | a cultivator license or micro-cultivator license to a social equity 608 |
---|
701 | | - | applicant: 609 |
---|
702 | | - | (1) If prior to July 1, 2025, the social equity applicant submitted to the 610 |
---|
703 | | - | department a completed cultivator license application pursuant to 611 |
---|
704 | | - | subsection (a) of section 21a-420o of the general statutes, and: 612 |
---|
705 | | - | (A) The Social Equity Council verified, pursuant to subdivision (1) of 613 |
---|
706 | | - | subsection (a) of section 21a-420o of the general statutes, that the 614 |
---|
707 | | - | applicant met the criteria established for a social equity applicant; or 615 |
---|
708 | | - | (B) The department issued a provisional cultivator license, but not a 616 Substitute Bill No. 7178 |
---|
| 701 | + | LCO No. 5810 20 of 50 |
---|
| 702 | + | |
---|
| 703 | + | Sec. 12. (NEW) (Effective from passage) There is established an account 566 |
---|
| 704 | + | to be known as the "cultivation employee support account", which shall 567 |
---|
| 705 | + | be a separate, nonlapsing account within the General Fund. The account 568 |
---|
| 706 | + | shall contain any moneys required by law to be deposited in the account. 569 |
---|
| 707 | + | Moneys in the account shall be expended by Commissioner of 570 |
---|
| 708 | + | Consumer Protection for the purposes of providing funding for child 571 |
---|
| 709 | + | care reimbursement and transportation assistance for employees of any 572 |
---|
| 710 | + | provisional cultivator licensee that operates a cultivation facility within 573 |
---|
| 711 | + | a five-mile radius of a disproportionately impacted area pursuant to 574 |
---|
| 712 | + | section 11 of this act. 575 |
---|
| 713 | + | Sec. 13. (NEW) (Effective July 1, 2025) (a) During the period beginning 576 |
---|
| 714 | + | July 1, 2025, and ending December 31, 2026, the department shall issue 577 |
---|
| 715 | + | a cultivator license or micro-cultivator license to a social equity 578 |
---|
| 716 | + | applicant: 579 |
---|
| 717 | + | (1) If prior to July 1, 2025, the social equity applicant submitted to the 580 |
---|
| 718 | + | department a completed cultivator license application pursuant to 581 |
---|
| 719 | + | subsection (a) of section 21a-420o of the general statutes, and: 582 |
---|
| 720 | + | (A) The Social Equity Council verified, pursuant to subdivision (1) of 583 |
---|
| 721 | + | subsection (a) of section 21a-420o of the general statutes, that the 584 |
---|
| 722 | + | applicant met the criteria established for a social equity applicant; or 585 |
---|
| 723 | + | (B) The department issued a provisional cultivator license, but not a 586 |
---|
| 724 | + | final cultivator license, to the social equity applicant pursuant to section 587 |
---|
| 725 | + | 21a-420o of the general statutes; 588 |
---|
| 726 | + | (2) If during the period beginning July 1, 2025, and ending March 31, 589 |
---|
| 727 | + | 2026, the social equity applicant submits to the department, in a form 590 |
---|
| 728 | + | and manner prescribed by the commissioner: 591 |
---|
| 729 | + | (A) A completed application for a cultivator license or micro-592 |
---|
| 730 | + | cultivator license; 593 |
---|
| 731 | + | (B) A copy of an agreement, between the social equity applicant and 594 |
---|
| 732 | + | Raised Bill No. 7178 |
---|
713 | | - | final cultivator license, to the social equity applicant pursuant to section 617 |
---|
714 | | - | 21a-420o of the general statutes; 618 |
---|
715 | | - | (2) If during the period beginning July 1, 2025, and ending March 31, 619 |
---|
716 | | - | 2026, the social equity applicant submits to the department, in a form 620 |
---|
717 | | - | and manner prescribed by the commissioner: 621 |
---|
718 | | - | (A) A completed application for a cultivator license or micro-622 |
---|
719 | | - | cultivator license; 623 |
---|
720 | | - | (B) A copy of an agreement, between the social equity applicant and 624 |
---|
721 | | - | a hemp producer that has been continually licensed under section 22-625 |
---|
722 | | - | 61l of the general statutes since January 1, 2024, which provides: 626 |
---|
723 | | - | (i) For the use of the hemp producer's cultivation lot, which may be 627 |
---|
724 | | - | located outside of a disproportionately impacted area; and 628 |
---|
725 | | - | (ii) That if the department issues a provisional cultivator license or a 629 |
---|
726 | | - | provisional micro-cultivator license to the social equity applicant 630 |
---|
727 | | - | pursuant to this section: 631 |
---|
728 | | - | (I) Such provisional cultivator license or provisional micro-cultivator 632 |
---|
729 | | - | license shall immediately be deemed to have automatically replaced 633 |
---|
730 | | - | both the provisional cultivator license application the social equity 634 |
---|
731 | | - | applicant submitted and any provisional cultivator license the 635 |
---|
732 | | - | department issued to the social equity applicant pursuant to subsection 636 |
---|
733 | | - | (a) of section 21a-420o of the general statutes, and such previously 637 |
---|
734 | | - | submitted provisional cultivator license application and previously 638 |
---|
735 | | - | issued provisional cultivator license shall immediately be deemed to 639 |
---|
736 | | - | have been automatically withdrawn or surrendered, as applicable, as set 640 |
---|
737 | | - | forth in subparagraph (C)(i) of this subdivision; and 641 |
---|
738 | | - | (II) The hemp producer shall immediately be deemed to have 642 |
---|
739 | | - | automatically surrendered such hemp producer's license under section 643 |
---|
740 | | - | 22-61l of the general statutes, as set forth in subparagraph (D) of this 644 |
---|
741 | | - | subdivision; 645 |
---|
742 | | - | (C) An acknowledgment by the social equity applicant that, if the 646 Substitute Bill No. 7178 |
---|
| 736 | + | LCO No. 5810 21 of 50 |
---|
| 737 | + | |
---|
| 738 | + | a hemp producer that has been continually licensed under section 22-595 |
---|
| 739 | + | 61l of the general statutes since January 1, 2024, which provides: 596 |
---|
| 740 | + | (i) For the use of the hemp producer's cultivation lot, which may be 597 |
---|
| 741 | + | located outside of a disproportionately impacted area; and 598 |
---|
| 742 | + | (ii) That if the department issues a provisional cultivator license or a 599 |
---|
| 743 | + | provisional micro-cultivator license to the social equity applicant 600 |
---|
| 744 | + | pursuant to this section: 601 |
---|
| 745 | + | (I) Such provisional cultivator license or provisional micro-cultivator 602 |
---|
| 746 | + | license shall immediately be deemed to have automatically replaced 603 |
---|
| 747 | + | both the provisional cultivator license application the social equity 604 |
---|
| 748 | + | applicant submitted and any provisional cultivator license the 605 |
---|
| 749 | + | department issued to the social equity applicant pursuant to subsection 606 |
---|
| 750 | + | (a) of section 21a-420o of the general statutes, and such previously 607 |
---|
| 751 | + | submitted provisional cultivator license application and previously 608 |
---|
| 752 | + | issued provisional cultivator license shall immediately be deemed to 609 |
---|
| 753 | + | have been automatically withdrawn or surrendered, as applicable, as set 610 |
---|
| 754 | + | forth in subparagraph (C)(i) of this subdivision; and 611 |
---|
| 755 | + | (II) The hemp producer shall immediately be deemed to have 612 |
---|
| 756 | + | automatically surrendered such hemp producer's license under section 613 |
---|
| 757 | + | 22-61l of the general statutes, as set forth in subparagraph (D) of this 614 |
---|
| 758 | + | subdivision; 615 |
---|
| 759 | + | (C) An acknowledgment by the social equity applicant that, if the 616 |
---|
| 760 | + | department issues a provisional cultivator license or provisional micro-617 |
---|
| 761 | + | cultivator license to the social equity applicant pursuant to this section: 618 |
---|
| 762 | + | (i) Such provisional cultivator license or provisional micro-cultivator 619 |
---|
| 763 | + | license shall immediately be deemed to have automatically replaced 620 |
---|
| 764 | + | both the provisional cultivator license application the social equity 621 |
---|
| 765 | + | applicant submitted and any provisional cultivator license the 622 |
---|
| 766 | + | department issued to the social equity applicant pursuant to subsection 623 |
---|
| 767 | + | (a) of section 21a-420o of the general statutes, and such previously 624 |
---|
| 768 | + | Raised Bill No. 7178 |
---|
747 | | - | department issues a provisional cultivator license or provisional micro-647 |
---|
748 | | - | cultivator license to the social equity applicant pursuant to this section: 648 |
---|
749 | | - | (i) Such provisional cultivator license or provisional micro-cultivator 649 |
---|
750 | | - | license shall immediately be deemed to have automatically replaced 650 |
---|
751 | | - | both the provisional cultivator license application the social equity 651 |
---|
752 | | - | applicant submitted and any provisional cultivator license the 652 |
---|
753 | | - | department issued to the social equity applicant pursuant to subsection 653 |
---|
754 | | - | (a) of section 21a-420o of the general statutes, and such previously 654 |
---|
755 | | - | submitted provisional cultivator license application and previously 655 |
---|
756 | | - | issued cultivator license shall immediately be deemed to have been 656 |
---|
757 | | - | automatically withdrawn or surrendered, as applicable; and 657 |
---|
758 | | - | (ii) The social equity applicant shall be (I) eligible to create not more 658 |
---|
759 | | - | than one equity joint venture after such social equity applicant receives 659 |
---|
760 | | - | a cultivator license under this section and commences cultivation 660 |
---|
761 | | - | activities under such cultivator license, as provided in subsection (e) of 661 |
---|
762 | | - | this section, or (II) ineligible to create an equity joint venture after such 662 |
---|
763 | | - | social equity applicant receives a micro-cultivator license under this 663 |
---|
764 | | - | section, as provided in subsection (e) of this section; 664 |
---|
765 | | - | (D) An acknowledgment by the hemp producer which is a party to 665 |
---|
766 | | - | the agreement described in subparagraph (B) of this subdivision that, if 666 |
---|
767 | | - | the department issues a provisional cultivator license or provisional 667 |
---|
768 | | - | micro-cultivator license to the social equity applicant pursuant to this 668 |
---|
769 | | - | section, the hemp producer shall immediately be deemed to have 669 |
---|
770 | | - | automatically surrendered such hemp producer's license under section 670 |
---|
771 | | - | 22-61l of the general statutes; 671 |
---|
772 | | - | (E) Evidence that is sufficient for the department to verify that the 672 |
---|
773 | | - | hemp producer which is a party to the agreement described in 673 |
---|
774 | | - | subparagraph (B) of this subdivision has been continually licensed 674 |
---|
775 | | - | under section 22-61l of the general statutes since January 1, 2024; 675 |
---|
776 | | - | (F) A written statement by the social equity applicant disclosing 676 |
---|
777 | | - | whether any change occurred in the ownership or control of the social 677 |
---|
778 | | - | equity applicant after the Social Equity Council verified that the social 678 Substitute Bill No. 7178 |
---|
| 772 | + | LCO No. 5810 22 of 50 |
---|
| 773 | + | |
---|
| 774 | + | submitted provisional cultivator license application and previously 625 |
---|
| 775 | + | issued cultivator license shall immediately be deemed to have been 626 |
---|
| 776 | + | automatically withdrawn or surrendered, as applicable; and 627 |
---|
| 777 | + | (ii) The social equity applicant shall be (I) eligible to create not more 628 |
---|
| 778 | + | than one equity joint venture after such social equity applicant receives 629 |
---|
| 779 | + | a cultivator license under this section and commences cultivation 630 |
---|
| 780 | + | activities under such cultivator license, as provided in subsection (e) of 631 |
---|
| 781 | + | this section, or (II) ineligible to create an equity joint venture after such 632 |
---|
| 782 | + | social equity applicant receives a micro-cultivator license under this 633 |
---|
| 783 | + | section, as provided in subsection (e) of this section; 634 |
---|
| 784 | + | (D) An acknowledgment by the hemp producer which is a party to 635 |
---|
| 785 | + | the agreement described in subparagraph (B) of this subdivision that, if 636 |
---|
| 786 | + | the department issues a provisional cultivator license or provisional 637 |
---|
| 787 | + | micro-cultivator license to the social equity applicant pursuant to this 638 |
---|
| 788 | + | section, the hemp producer shall immediately be deemed to have 639 |
---|
| 789 | + | automatically surrendered such hemp producer's license under section 640 |
---|
| 790 | + | 22-61l of the general statutes; 641 |
---|
| 791 | + | (E) Evidence that is sufficient for the department to verify that the 642 |
---|
| 792 | + | hemp producer which is a party to the agreement described in 643 |
---|
| 793 | + | subparagraph (B) of this subdivision has been continually licensed 644 |
---|
| 794 | + | under section 22-61l of the general statutes since January 1, 2024; 645 |
---|
| 795 | + | (F) A written statement by the social equity applicant disclosing 646 |
---|
| 796 | + | whether any change occurred in the ownership or control of the social 647 |
---|
| 797 | + | equity applicant after the Social Equity Council verified that the social 648 |
---|
| 798 | + | equity applicant met the criteria for a social equity applicant pursuant 649 |
---|
| 799 | + | to subdivision (1) of subsection (a) of section 21a-420o of the general 650 |
---|
| 800 | + | statutes; and 651 |
---|
| 801 | + | (G) The application fee required under subsection (b) of this section; 652 |
---|
| 802 | + | (3) Provided any change described in subparagraph (F) of 653 |
---|
| 803 | + | subdivision (2) of this subsection that has occurred is: 654 |
---|
| 804 | + | Raised Bill No. 7178 |
---|
783 | | - | equity applicant met the criteria for a social equity applicant pursuant 679 |
---|
784 | | - | to subdivision (1) of subsection (a) of section 21a-420o of the general 680 |
---|
785 | | - | statutes; and 681 |
---|
786 | | - | (G) The application fee required under subsection (b) of this section; 682 |
---|
787 | | - | (3) Provided any change described in subparagraph (F) of 683 |
---|
788 | | - | subdivision (2) of this subsection that has occurred is: 684 |
---|
789 | | - | (A) Allowed under (i) section 21a-420g of the general statutes, as 685 |
---|
790 | | - | amended by this act, and (ii) any regulation adopted, or policy or 686 |
---|
791 | | - | procedure issued, pursuant to section 21a-420g of the general statutes, 687 |
---|
792 | | - | as amended by this act, or 21a-420h of the general statutes; and 688 |
---|
793 | | - | (B) Allowed under subdivision (1) of subsection (c) of this section, 689 |
---|
794 | | - | whereby (i) the Social Equity Council has determined that the social 690 |
---|
795 | | - | equity applicant continues to meet the criteria for a social equity 691 |
---|
796 | | - | applicant, and (ii) the department has received a written notice from the 692 |
---|
797 | | - | Social Equity Council affirming that the Social Equity Council has 693 |
---|
798 | | - | determined that the social equity applicant continues to meet the criteria 694 |
---|
799 | | - | for a social equity applicant; 695 |
---|
800 | | - | (4) If pursuant to subdivision (2) of subsection (c) of this section, (A) 696 |
---|
801 | | - | the Social Equity Council has reviewed the agreement described in 697 |
---|
802 | | - | subparagraph (B) of subdivision (2) of this subsection, and (B) the 698 |
---|
803 | | - | department has received a written notice from the Social Equity Council 699 |
---|
804 | | - | affirming that the Social Equity Council has determined that the social 700 |
---|
805 | | - | equity applicant continues to meet the criteria for a social equity 701 |
---|
806 | | - | applicant; and 702 |
---|
807 | | - | (5) If all hemp, as defined in section 22-61l of the general statutes, has 703 |
---|
808 | | - | been harvested from the cultivation lot described in subparagraph (B)(i) 704 |
---|
809 | | - | of subdivision (2) of this subsection. 705 |
---|
810 | | - | (b) (1) A social equity applicant seeking a cultivator license under this 706 |
---|
811 | | - | section shall submit to the department a three-million-dollar application 707 |
---|
812 | | - | fee unless the social equity applicant has (A) received a provisional 708 Substitute Bill No. 7178 |
---|
| 808 | + | LCO No. 5810 23 of 50 |
---|
| 809 | + | |
---|
| 810 | + | (A) Allowed under (i) section 21a-420g of the general statutes, as 655 |
---|
| 811 | + | amended by this act, and (ii) any regulation adopted, or policy or 656 |
---|
| 812 | + | procedure issued, pursuant to section 21a-420g of the general statutes, 657 |
---|
| 813 | + | as amended by this act, or 21a-420h of the general statutes; and 658 |
---|
| 814 | + | (B) Allowed under subdivision (1) of subsection (c) of this section, 659 |
---|
| 815 | + | whereby (i) the Social Equity Council has determined that the social 660 |
---|
| 816 | + | equity applicant continues to meet the criteria for a social equity 661 |
---|
| 817 | + | applicant, and (ii) the department has received a written notice from the 662 |
---|
| 818 | + | Social Equity Council affirming that the Social Equity Council has 663 |
---|
| 819 | + | determined that the social equity applicant continues to meet the criteria 664 |
---|
| 820 | + | for a social equity applicant; 665 |
---|
| 821 | + | (4) If pursuant to subdivision (2) of subsection (c) of this section, (A) 666 |
---|
| 822 | + | the Social Equity Council has reviewed the agreement described in 667 |
---|
| 823 | + | subparagraph (B) of subdivision (2) of this subsection, and (B) the 668 |
---|
| 824 | + | department has received a written notice from the Social Equity Council 669 |
---|
| 825 | + | affirming that the Social Equity Council has determined that the social 670 |
---|
| 826 | + | equity applicant continues to meet the criteria for a social equity 671 |
---|
| 827 | + | applicant; and 672 |
---|
| 828 | + | (5) If all hemp, as defined in section 22-61l of the general statutes, has 673 |
---|
| 829 | + | been harvested from the cultivation lot described in subparagraph (B)(i) 674 |
---|
| 830 | + | of subdivision (2) of this subsection. 675 |
---|
| 831 | + | (b) (1) A social equity applicant seeking a cultivator license under this 676 |
---|
| 832 | + | section shall submit to the department a three-million-dollar application 677 |
---|
| 833 | + | fee unless the social equity applicant has (A) received a provisional 678 |
---|
| 834 | + | cultivator license under subsection (a) of section 21a-420o of the general 679 |
---|
| 835 | + | statutes, and (B) paid the fee required under subdivision (3) of 680 |
---|
| 836 | + | subsection (a) of section 21a-420o of the general statutes. 681 |
---|
| 837 | + | (2) A social equity applicant seeking a micro-cultivator license under 682 |
---|
| 838 | + | this section shall submit to the department a five-hundred-thousand-683 |
---|
| 839 | + | dollar application fee unless the social equity applicant has (A) received 684 |
---|
| 840 | + | a provisional cultivator license under subsection (a) of section 21a-420o 685 |
---|
| 841 | + | Raised Bill No. 7178 |
---|
817 | | - | cultivator license under subsection (a) of section 21a-420o of the general 709 |
---|
818 | | - | statutes, and (B) paid the fee required under subdivision (3) of 710 |
---|
819 | | - | subsection (a) of section 21a-420o of the general statutes. 711 |
---|
820 | | - | (2) A social equity applicant seeking a micro-cultivator license under 712 |
---|
821 | | - | this section shall submit to the department a five-hundred-thousand-713 |
---|
822 | | - | dollar application fee unless the social equity applicant has (A) received 714 |
---|
823 | | - | a provisional cultivator license under subsection (a) of section 21a-420o 715 |
---|
824 | | - | of the general statutes, and (B) paid the fee required under subdivision 716 |
---|
825 | | - | (3) of subsection (a) of section 21a-420o of the general statutes. 717 |
---|
826 | | - | (3) The fee to renew a final cultivator license or final micro-cultivator 718 |
---|
827 | | - | license issued pursuant to this section shall be the same as the fee to 719 |
---|
828 | | - | renew a final cultivator license or final micro-cultivator license as set 720 |
---|
829 | | - | forth in section 21a-420e of the general statutes, as amended by this act. 721 |
---|
830 | | - | (4) All fees collected by the department under this section shall be 722 |
---|
831 | | - | deposited in the Cannabis Social Equity and Innovation Fund 723 |
---|
832 | | - | established in subsection (c) of section 21a-420f of the general statutes. 724 |
---|
833 | | - | (c) (1) If any change described in subparagraph (F) of subdivision (2) 725 |
---|
834 | | - | of subsection (a) of this section has occurred, the Social Equity Council 726 |
---|
835 | | - | shall (A) determine whether the social equity applicant continues to 727 |
---|
836 | | - | meet the criteria for a social equity applicant, and (B) submit to the 728 |
---|
837 | | - | department, in a form and manner prescribed by the commissioner, a 729 |
---|
838 | | - | written notice disclosing such determination. 730 |
---|
839 | | - | (2) The Social Equity Council shall (A) review the agreement 731 |
---|
840 | | - | described in subparagraph (B) of subdivision (2) of subsection (a) of this 732 |
---|
841 | | - | section, and (B) submit to the department, in a form and manner 733 |
---|
842 | | - | prescribed by the commissioner, a written notice disclosing whether the 734 |
---|
843 | | - | social equity applicant continues to meet the criteria for a social equity 735 |
---|
844 | | - | applicant. 736 |
---|
845 | | - | (d) All harvested hemp described in subdivision (5) of subsection (a) 737 |
---|
846 | | - | of this section shall continue to be deemed hemp until the department 738 |
---|
847 | | - | issues a final cultivator license or final micro-cultivator license to the 739 Substitute Bill No. 7178 |
---|
| 845 | + | LCO No. 5810 24 of 50 |
---|
| 846 | + | |
---|
| 847 | + | of the general statutes, and (B) paid the fee required under subdivision 686 |
---|
| 848 | + | (3) of subsection (a) of section 21a-420o of the general statutes. 687 |
---|
| 849 | + | (3) The fee to renew a final cultivator license or final micro-cultivator 688 |
---|
| 850 | + | license issued pursuant to this section shall be the same as the fee to 689 |
---|
| 851 | + | renew a final cultivator license or final micro-cultivator license as set 690 |
---|
| 852 | + | forth in section 21a-420e of the general statutes, as amended by this act. 691 |
---|
| 853 | + | (4) All fees collected by the department under this section shall be 692 |
---|
| 854 | + | deposited in the Cannabis Social Equity and Innovation Fund 693 |
---|
| 855 | + | established in subsection (c) of section 21a-420f of the general statutes. 694 |
---|
| 856 | + | (c) (1) If any change described in subparagraph (F) of subdivision (2) 695 |
---|
| 857 | + | of subsection (a) of this section has occurred, the Social Equity Council 696 |
---|
| 858 | + | shall (A) determine whether the social equity applicant continues to 697 |
---|
| 859 | + | meet the criteria for a social equity applicant, and (B) submit to the 698 |
---|
| 860 | + | department, in a form and manner prescribed by the commissioner, a 699 |
---|
| 861 | + | written notice disclosing such determination. 700 |
---|
| 862 | + | (2) The Social Equity Council shall (A) review the agreement 701 |
---|
| 863 | + | described in subparagraph (B) of subdivision (2) of subsection (a) of this 702 |
---|
| 864 | + | section, and (B) submit to the department, in a form and manner 703 |
---|
| 865 | + | prescribed by the commissioner, a written notice disclosing whether the 704 |
---|
| 866 | + | social equity applicant continues to meet the criteria for a social equity 705 |
---|
| 867 | + | applicant. 706 |
---|
| 868 | + | (d) All harvested hemp described in subdivision (5) of subsection (a) 707 |
---|
| 869 | + | of this section shall continue to be deemed hemp until the department 708 |
---|
| 870 | + | issues a final cultivator license or final micro-cultivator license to the 709 |
---|
| 871 | + | social equity applicant pursuant to this section. After the department 710 |
---|
| 872 | + | issues a final cultivator license or final micro-cultivator license to the 711 |
---|
| 873 | + | social equity applicant pursuant to this section, such harvested hemp 712 |
---|
| 874 | + | shall be deemed to be cannabis and shall be subject to all cannabis 713 |
---|
| 875 | + | cultivation, testing, labeling, tracking, reporting and manufacturing 714 |
---|
| 876 | + | provisions of RERACA as such provisions apply to cultivators and 715 |
---|
| 877 | + | micro-cultivators. For the purposes of this subsection, "hemp" has the 716 |
---|
| 878 | + | Raised Bill No. 7178 |
---|
852 | | - | social equity applicant pursuant to this section. After the department 740 |
---|
853 | | - | issues a final cultivator license or final micro-cultivator license to the 741 |
---|
854 | | - | social equity applicant pursuant to this section, such harvested hemp 742 |
---|
855 | | - | shall be deemed to be cannabis and shall be subject to all cannabis 743 |
---|
856 | | - | cultivation, testing, labeling, tracking, reporting and manufacturing 744 |
---|
857 | | - | provisions of RERACA as such provisions apply to cultivators and 745 |
---|
858 | | - | micro-cultivators. For the purposes of this subsection, "hemp" has the 746 |
---|
859 | | - | same meaning as provided in section 22-61l of the general statutes. 747 |
---|
860 | | - | (e) No social equity applicant that receives a cultivator license under 748 |
---|
861 | | - | this section shall be eligible to create more than one equity joint venture, 749 |
---|
862 | | - | and no such social equity applicant shall create any equity joint venture 750 |
---|
863 | | - | unless such social equity applicant has received a cultivator license 751 |
---|
864 | | - | under this section and commenced cultivation activities under such 752 |
---|
865 | | - | cultivator license. No social equity applicant that receives a micro-753 |
---|
866 | | - | cultivator license under this section shall be eligible to create an equity 754 |
---|
867 | | - | joint venture. 755 |
---|
868 | | - | (f) Each application submitted to the department pursuant to 756 |
---|
869 | | - | subsection (a) of this section, and all information included in, or 757 |
---|
870 | | - | submitted with, any application submitted pursuant to said subsection, 758 |
---|
871 | | - | shall be subject to the provisions of subsection (g) of section 21a-420e of 759 |
---|
872 | | - | the general statutes. 760 |
---|
873 | | - | (g) Notwithstanding any other provision of RERACA, and except as 761 |
---|
874 | | - | otherwise provided in subsections (a) to (f), inclusive, of this section: 762 |
---|
875 | | - | (1) Each application submitted pursuant to subsection (a) of this 763 |
---|
876 | | - | section shall be processed as any other cultivator application or micro-764 |
---|
877 | | - | cultivator application that has been selected through the lottery; and 765 |
---|
878 | | - | (2) Each social equity applicant, application submitted pursuant to 766 |
---|
879 | | - | subsection (a) of this section, cultivator license issued pursuant to this 767 |
---|
880 | | - | section and micro-cultivator license issued pursuant to this section shall 768 |
---|
881 | | - | be subject to subsections (e) to (l), inclusive, of section 21a-420g of the 769 |
---|
882 | | - | general statutes. 770 Substitute Bill No. 7178 |
---|
| 882 | + | LCO No. 5810 25 of 50 |
---|
| 883 | + | |
---|
| 884 | + | same meaning as provided in section 22-61l of the general statutes. 717 |
---|
| 885 | + | (e) No social equity applicant that receives a cultivator license under 718 |
---|
| 886 | + | this section shall be eligible to create more than one equity joint venture, 719 |
---|
| 887 | + | and no such social equity applicant shall create any equity joint venture 720 |
---|
| 888 | + | unless such social equity applicant has received a cultivator license 721 |
---|
| 889 | + | under this section and commenced cultivation activities under such 722 |
---|
| 890 | + | cultivator license. No social equity applicant that receives a micro-723 |
---|
| 891 | + | cultivator license under this section shall be eligible to create an equity 724 |
---|
| 892 | + | joint venture. 725 |
---|
| 893 | + | (f) Each application submitted to the department pursuant to 726 |
---|
| 894 | + | subsection (a) of this section, and all information included in, or 727 |
---|
| 895 | + | submitted with, any application submitted pursuant to said subsection, 728 |
---|
| 896 | + | shall be subject to the provisions of subsection (g) of section 21a-420e of 729 |
---|
| 897 | + | the general statutes. 730 |
---|
| 898 | + | (g) Notwithstanding any other provision of RERACA, and except as 731 |
---|
| 899 | + | otherwise provided in subsections (a) to (f), inclusive, of this section: 732 |
---|
| 900 | + | (1) Each application submitted pursuant to subsection (a) of this 733 |
---|
| 901 | + | section shall be processed as any other cultivator application or micro-734 |
---|
| 902 | + | cultivator application that has been selected through the lottery; and 735 |
---|
| 903 | + | (2) Each social equity applicant, application submitted pursuant to 736 |
---|
| 904 | + | subsection (a) of this section, cultivator license issued pursuant to this 737 |
---|
| 905 | + | section and micro-cultivator license issued pursuant to this section shall 738 |
---|
| 906 | + | be subject to subsections (e) to (l), inclusive, of section 21a-420g of the 739 |
---|
| 907 | + | general statutes. 740 |
---|
| 908 | + | Sec. 14. (NEW) (Effective July 1, 2025) (a) As used in this section: 741 |
---|
| 909 | + | (1) "Industrial hemp" means hemp, as defined in section 22-61l of the 742 |
---|
| 910 | + | general statutes, that is cultivated for nonconsumable products, 743 |
---|
| 911 | + | including, but not limited to, building materials, textiles and bio-744 |
---|
| 912 | + | composites, with a total THC concentration of not more than three-745 |
---|
| 913 | + | Raised Bill No. 7178 |
---|
887 | | - | Sec. 14. Section 21a-420p of the general statutes is repealed and the 771 |
---|
888 | | - | following is substituted in lieu thereof (Effective July 1, 2025): 772 |
---|
889 | | - | (a) [On and after July 1, 2021, the] The department may issue or renew 773 |
---|
890 | | - | a license for a person to be a micro-cultivator. No person may act as a 774 |
---|
891 | | - | micro-cultivator or represent that such person is a licensed micro-775 |
---|
892 | | - | cultivator unless such person has obtained a license from the 776 |
---|
893 | | - | department pursuant to this section. 777 |
---|
894 | | - | (b) A micro-cultivator is authorized to cultivate, grow, propagate, 778 |
---|
895 | | - | manufacture and package the cannabis plant at an establishment 779 |
---|
896 | | - | containing not less than two thousand square feet and not more than ten 780 |
---|
897 | | - | thousand square feet of grow space, prior to any expansion authorized 781 |
---|
898 | | - | by the commissioner, provided such micro-cultivator complies with the 782 |
---|
899 | | - | provisions of any regulations adopted under section 21a-420q 783 |
---|
900 | | - | concerning grow space. A micro-cultivator business shall meet physical 784 |
---|
901 | | - | security controls set forth and required by the commissioner. 785 |
---|
902 | | - | (c) A micro-cultivator may apply for expansion of its grow space, in 786 |
---|
903 | | - | increments of five thousand square feet, on an annual basis, from the 787 |
---|
904 | | - | date of initial licensure, if such licensee is not subject to any pending or 788 |
---|
905 | | - | final administrative actions or judicial findings. If there are any pending 789 |
---|
906 | | - | or final administrative actions or judicial findings against the licensee, 790 |
---|
907 | | - | the department shall conduct a suitability review to determine whether 791 |
---|
908 | | - | such expansion shall be granted, which determination shall be final and 792 |
---|
909 | | - | appealable only to the Superior Court. The micro-cultivator may apply 793 |
---|
910 | | - | for an expansion of its business annually upon renewal of its credential 794 |
---|
911 | | - | until such licensee reaches a maximum of twenty-five thousand square 795 |
---|
912 | | - | feet of grow space. If a micro-cultivator desires to expand beyond 796 |
---|
913 | | - | twenty-five thousand square feet of grow space, the micro-cultivator 797 |
---|
914 | | - | licensee may apply for a cultivator license one year after its last 798 |
---|
915 | | - | expansion request. The micro-cultivator licensee shall not be required to 799 |
---|
916 | | - | apply through the lottery application process to convert its license to a 800 |
---|
917 | | - | cultivator license. If a micro-cultivator maintains its license and meets 801 |
---|
918 | | - | all of the application and licensure requirements for a cultivator license, 802 |
---|
919 | | - | including payment of the cultivator license fee established under section 803 Substitute Bill No. 7178 |
---|
| 917 | + | LCO No. 5810 26 of 50 |
---|
| 918 | + | |
---|
| 919 | + | tenths per cent on a dry-weight basis; 746 |
---|
| 920 | + | (2)"Qualified hemp farmer" means a farmer who is licensed and 747 |
---|
| 921 | + | authorized to cultivate industrial hemp; and 748 |
---|
| 922 | + | (3) "Certified seed" means a seed approved by the United States 749 |
---|
| 923 | + | Department of Agriculture, Department of Agriculture or another 750 |
---|
| 924 | + | certifying agency that is approved by the Department of Agriculture. 751 |
---|
| 925 | + | (b) Not later than January 1, 2026, the Department of Agriculture, in 752 |
---|
| 926 | + | consultation with the Department of Consumer Protection and the 753 |
---|
| 927 | + | Department of Energy and Environmental Protection, shall establish an 754 |
---|
| 928 | + | incentive program to offer financial, technical and marketing support to 755 |
---|
| 929 | + | qualified hemp farmers. Such program shall include, but need not be 756 |
---|
| 930 | + | limited to, the following: 757 |
---|
| 931 | + | (1) Paying a direct per-acre subsidy to qualified hemp farmers, the 758 |
---|
| 932 | + | amount of which shall be set forth annually by the Department of 759 |
---|
| 933 | + | Agriculture based on production needs and available funding; 760 |
---|
| 934 | + | (2) Resourcing or providing grants and low-interest loans to assist 761 |
---|
| 935 | + | qualified hemp farmers to acquire equipment and infrastructure 762 |
---|
| 936 | + | necessary to grow and process industrial hemp, including, but not 763 |
---|
| 937 | + | limited to, processing plants, storage facilities and equipment used to 764 |
---|
| 938 | + | convert industrial hemp into building materials, textiles and bio-765 |
---|
| 939 | + | composites; 766 |
---|
| 940 | + | (3) Administering the tax credit established under section 17 of this 767 |
---|
| 941 | + | act for qualified hemp farmers to invest in the equipment and 768 |
---|
| 942 | + | infrastructure necessary to grow and process industrial hemp for the 769 |
---|
| 943 | + | purposes set forth in subdivision (2) of this subsection; and 770 |
---|
| 944 | + | (4) Reducing the requirement for a qualified hemp farmer who uses 771 |
---|
| 945 | + | certified seed to test industrial hemp by (A) exempting the qualified 772 |
---|
| 946 | + | hemp farmer from testing a pre-harvest sample pursuant to section 22-773 |
---|
| 947 | + | 61l of the general statutes, and (B) limiting testing on post-harvest 774 |
---|
| 948 | + | Raised Bill No. 7178 |
---|
924 | | - | 21a-420e, as amended by this act, the micro-cultivator licensee shall be 804 |
---|
925 | | - | granted a cultivator license. 805 |
---|
926 | | - | (d) A micro-cultivator may label, manufacture, package and perform 806 |
---|
927 | | - | extractions on any cannabis cultivated, grown and propagated at its 807 |
---|
928 | | - | licensed establishment provided it meets all licensure and application 808 |
---|
929 | | - | requirements for a food and beverage manufacturer, product 809 |
---|
930 | | - | manufacturer or product packager, as applicable. 810 |
---|
931 | | - | (e) A micro-cultivator may sell, transfer or transport its cannabis to a 811 |
---|
932 | | - | dispensary facility, hybrid retailer, retailer, delivery service, food and 812 |
---|
933 | | - | beverage manufacturer, product manufacturer, research program, 813 |
---|
934 | | - | cannabis testing laboratory or product packager, provided the cannabis 814 |
---|
935 | | - | is cultivated, grown and propagated at the micro-cultivator's licensed 815 |
---|
936 | | - | establishment and transported utilizing the micro-cultivator's own 816 |
---|
937 | | - | employees or a transporter. A micro-cultivator shall not gift or transfer 817 |
---|
938 | | - | cannabis or cannabis products at no cost to a consumer as part of a 818 |
---|
939 | | - | commercial transaction. 819 |
---|
940 | | - | (f) (1) [Subject to the requirements of this subsection and subsection 820 |
---|
941 | | - | (b) of section 21a-420c, a] A micro-cultivator may sell [its own] cannabis 821 |
---|
942 | | - | [, including, but not limited to, its own cannabis seedlings,] seedlings 822 |
---|
943 | | - | cultivated at its micro-cultivator establishment directly to consumers, 823 |
---|
944 | | - | excluding qualifying patients and caregivers, solely through delivery by 824 |
---|
945 | | - | either utilizing a delivery service or its own employees, subject to the 825 |
---|
946 | | - | requirements of subsection (b) of section 21a-420c. No cannabis 826 |
---|
947 | | - | establishment other than a micro-cultivator shall sell cannabis seedlings 827 |
---|
948 | | - | to consumers, and no cannabis establishment other than a delivery 828 |
---|
949 | | - | service or a micro-cultivator utilizing its own employees shall deliver 829 |
---|
950 | | - | cannabis seedlings cultivated and sold by a micro-cultivator to 830 |
---|
951 | | - | consumers. 831 |
---|
952 | | - | (2) No micro-cultivator shall sell a cannabis seedling to a consumer 832 |
---|
953 | | - | unless: 833 |
---|
954 | | - | (A) The micro-cultivator cultivated the cannabis seedling in this state 834 |
---|
955 | | - | from seed or clone; 835 Substitute Bill No. 7178 |
---|
| 952 | + | LCO No. 5810 27 of 50 |
---|
| 953 | + | |
---|
| 954 | + | samples to testing a post-harvest sample from one section of grow area 775 |
---|
| 955 | + | for each variety of certified seed used by the qualified hemp farmer. 776 |
---|
| 956 | + | (c) Any producer licensee licensed to produce hemp pursuant to 777 |
---|
| 957 | + | section 22-61l of the general statutes may apply, on such forms and in 778 |
---|
| 958 | + | such manner as prescribed by the Commissioner of Agriculture, to the 779 |
---|
| 959 | + | Department of Agriculture to become a qualified hemp farmer under 780 |
---|
| 960 | + | the incentive program. The department shall license and authorize as a 781 |
---|
| 961 | + | qualified hemp farmer any producer licensee who (1) is in good 782 |
---|
| 962 | + | standing as a producer licensee, (2) commits to cultivating industrial 783 |
---|
| 963 | + | hemp, and (3) agrees to participate in data collection for program 784 |
---|
| 964 | + | evaluation purposes, including, but not limited to, reporting on acreage, 785 |
---|
| 965 | + | yield and processing methods. The department shall prioritize the 786 |
---|
| 966 | + | licensing and authorization of qualified hemp farmers located in regions 787 |
---|
| 967 | + | with high potential for sustainable agriculture and housing 788 |
---|
| 968 | + | development, as determined by the commissioner. 789 |
---|
| 969 | + | (d) Not later than January 1, 2027, and annually thereafter, the 790 |
---|
| 970 | + | Department of Agriculture shall submit, in accordance with the 791 |
---|
| 971 | + | provisions of section 11-4a of the general statutes, to the joint standing 792 |
---|
| 972 | + | committee of the General Assembly having cognizance of matters 793 |
---|
| 973 | + | relating to consumer protection a report detailing the effectiveness of 794 |
---|
| 974 | + | the incentive program, including, but not limited to, the number of 795 |
---|
| 975 | + | qualified hemp farmers participating in such incentive program, the 796 |
---|
| 976 | + | amount of industrial hemp grown for building materials, the 797 |
---|
| 977 | + | environmental impact of such incentive program and the market 798 |
---|
| 978 | + | demand for building materials that are produced from industrial hemp. 799 |
---|
| 979 | + | (e) The Department of Agriculture shall seek additional funding for 800 |
---|
| 980 | + | the incentive program from sources identified by the Commissioner of 801 |
---|
| 981 | + | Agriculture, including, but not limited to, federal grants or through 802 |
---|
| 982 | + | public-private partnerships with building material manufacturers, 803 |
---|
| 983 | + | private investors and environmental organizations. 804 |
---|
| 984 | + | Sec. 15. (NEW) (Effective July 1, 2025) Not later than January 1, 2026, 805 |
---|
| 985 | + | Raised Bill No. 7178 |
---|
960 | | - | (B) The cannabis seedling (i) has a standing height of not more than 836 |
---|
961 | | - | six inches measured from the base of the stem to the tallest point of the 837 |
---|
962 | | - | plant, (ii) does not contain any bud or flower, and (iii) has been tested 838 |
---|
963 | | - | for pesticides and heavy metals in accordance with the laboratory 839 |
---|
964 | | - | testing standards established in the policies and procedures issued, and 840 |
---|
965 | | - | final regulations adopted, by the commissioner pursuant to section 21a-841 |
---|
966 | | - | 421j, as amended by this act; and 842 |
---|
967 | | - | (C) A label or informational tag is affixed to the cannabis seedling 843 |
---|
968 | | - | disclosing the following in legible English, black lettering, Times New 844 |
---|
969 | | - | Roman font, flat regular typeface, on a contrasting background and in 845 |
---|
970 | | - | uniform size of not less than one-tenth of one inch, based on a capital 846 |
---|
971 | | - | letter "K": 847 |
---|
972 | | - | (i) The name of the micro-cultivator; 848 |
---|
973 | | - | (ii) A product description for the cannabis seedling; 849 |
---|
974 | | - | (iii) One of the following chemotypes anticipated after flowering: (I) 850 |
---|
975 | | - | "High THC, Low CBD"; (II) "Low THC, High CBD"; or (III) "50/50 THC 851 |
---|
976 | | - | and CBD"; 852 |
---|
977 | | - | (iv) The results of the testing required under subparagraph (B)(iii) of 853 |
---|
978 | | - | this subdivision; 854 |
---|
979 | | - | (v) Directions for optimal care of the cannabis seedling; 855 |
---|
980 | | - | (vi) Unobscured symbols, in a size of not less than one-half inch by 856 |
---|
981 | | - | one-half inch and in a format approved by the commissioner, which 857 |
---|
982 | | - | symbols shall indicate that the cannabis seedling contains THC and is 858 |
---|
983 | | - | not legal or safe for individuals younger than twenty-one years of age; 859 |
---|
984 | | - | and 860 |
---|
985 | | - | (vii) A unique identifier generated by a cannabis analytic tracking 861 |
---|
986 | | - | system maintained by the department and used to track cannabis under 862 |
---|
987 | | - | the policies and procedures issued, and final regulations adopted, by 863 |
---|
988 | | - | the commissioner pursuant to section 21a-421j, as amended by this act. 864 Substitute Bill No. 7178 |
---|
| 989 | + | LCO No. 5810 28 of 50 |
---|
| 990 | + | |
---|
| 991 | + | the Department of Administrative Services shall establish a program to 806 |
---|
| 992 | + | provide a preference for state-funded construction projects, including, 807 |
---|
| 993 | + | but not limited to, new building construction projects, renovation 808 |
---|
| 994 | + | projects and infrastructure projects, that use building materials that are 809 |
---|
| 995 | + | (1) produced from industrial hemp, as defined in section 14 of this act, 810 |
---|
| 996 | + | including, but not limited to, hempcrete, fiberboard or insulation, and 811 |
---|
| 997 | + | (2) deemed suitable for construction purposes as determined by the 812 |
---|
| 998 | + | Department of Energy and Environmental Protection. 813 |
---|
| 999 | + | Sec. 16. (NEW) (Effective July 1, 2025) Not later than January 1, 2026, 814 |
---|
| 1000 | + | the Department of Economic and Community Development shall 815 |
---|
| 1001 | + | establish a grant program to award grants to fund research, 816 |
---|
| 1002 | + | development and innovation in the use of industrial hemp, as defined 817 |
---|
| 1003 | + | in section 14 of this act, as a building material. Such grants shall be 818 |
---|
| 1004 | + | awarded to companies and research institutions (1) on a first-come, first-819 |
---|
| 1005 | + | served basis, except that priority shall be given to any company or 820 |
---|
| 1006 | + | institution located in the state, and (2) in an amount prescribed by the 821 |
---|
| 1007 | + | Commissioner of Economic and Community Development. Such grants 822 |
---|
| 1008 | + | may be used to fund product testing, certification costs, market research 823 |
---|
| 1009 | + | and any other effort to increase the use of industrial hemp-based 824 |
---|
| 1010 | + | building materials in the state. Not later than January 1, 2026, the 825 |
---|
| 1011 | + | department shall post, in a conspicuous location on the department's 826 |
---|
| 1012 | + | Internet web site, (A) a description of such grant program, including, 827 |
---|
| 1013 | + | but not limited to, the amount of grants available to companies and 828 |
---|
| 1014 | + | research institutions under such program, and (B) an application form 829 |
---|
| 1015 | + | for such grant program. 830 |
---|
| 1016 | + | Sec. 17. (NEW) (Effective January 1, 2026, and applicable to income and 831 |
---|
| 1017 | + | taxable years commencing on or after January 1, 2026) (a) As used in this 832 |
---|
| 1018 | + | section, "qualified hemp farmer" has the same meaning as provided in 833 |
---|
| 1019 | + | section 14 of this act. 834 |
---|
| 1020 | + | (b) (1) There shall be allowed a credit against the tax imposed under 835 |
---|
| 1021 | + | chapter 208 or 229 of the general statutes, other than the liability 836 |
---|
| 1022 | + | imposed by section 12-707 of the general statutes, for the amounts paid 837 |
---|
| 1023 | + | Raised Bill No. 7178 |
---|
993 | | - | (3) Notwithstanding section 21a-421j, as amended by this act, no 865 |
---|
994 | | - | cannabis seedling shall be required to be sold in child-resistant 866 |
---|
995 | | - | packaging. 867 |
---|
996 | | - | (4) No micro-cultivator shall knowingly sell more than three cannabis 868 |
---|
997 | | - | seedlings to a consumer in any six-month period. 869 |
---|
998 | | - | (5) No micro-cultivator shall accept any returned cannabis seedling. 870 |
---|
999 | | - | (g) (1) A micro-cultivator that has obtained a final license from the 871 |
---|
1000 | | - | department pursuant to this section and maintains an exclusively 872 |
---|
1001 | | - | indoor grow facility may submit an application to the department, in a 873 |
---|
1002 | | - | form and manner prescribed by the commissioner, for a retailer or 874 |
---|
1003 | | - | hybrid retailer endorsement to such final license under this subsection. 875 |
---|
1004 | | - | Such endorsement, if issued, shall authorize the micro-cultivator to 876 |
---|
1005 | | - | operate a retailer or hybrid retailer pursuant to this subsection. An 877 |
---|
1006 | | - | applicant micro-cultivator shall submit a complete application for an 878 |
---|
1007 | | - | endorsement under this subsection, along with the endorsement 879 |
---|
1008 | | - | application fee, to the department not later than one year after the date 880 |
---|
1009 | | - | on which the applicant micro-cultivator obtained a final micro-881 |
---|
1010 | | - | cultivator license from the department pursuant to this section or June 882 |
---|
1011 | | - | 30, 2026, whichever is later. The department shall not accept an 883 |
---|
1012 | | - | application submitted pursuant to this subsection after such time period 884 |
---|
1013 | | - | has expired. The amount of the application fee for an endorsement 885 |
---|
1014 | | - | under this subsection shall be the same as the fee imposed to receive a 886 |
---|
1015 | | - | final retailer license or a final hybrid retailer license set forth in 887 |
---|
1016 | | - | subsections (c) and (d) of section 21a-420e, as amended by this act. The 888 |
---|
1017 | | - | annual renewal fee for an endorsement issued under this subsection 889 |
---|
1018 | | - | shall be the same as the renewal fee for a final retailer license or a final 890 |
---|
1019 | | - | hybrid retailer license set forth in subsections (c) and (d) of section 21a-891 |
---|
1020 | | - | 420e, as amended by this act. 892 |
---|
1021 | | - | (2) The department shall issue an endorsement to a micro-cultivator 893 |
---|
1022 | | - | pursuant to this subsection if the micro-cultivator: 894 |
---|
1023 | | - | (A) Submits a timely and complete endorsement application to the 895 |
---|
1024 | | - | department, in the form and manner prescribed by the commissioner; 896 Substitute Bill No. 7178 |
---|
| 1027 | + | LCO No. 5810 29 of 50 |
---|
| 1028 | + | |
---|
| 1029 | + | or costs incurred by a qualified hemp farmer for the purchase of 838 |
---|
| 1030 | + | equipment and infrastructure necessary to grow and process industrial 839 |
---|
| 1031 | + | hemp for the purposes set forth in subdivision (2) of subsection (b) of 840 |
---|
| 1032 | + | section 14 of this act. 841 |
---|
| 1033 | + | (2) The amount of the credit shall be equal to the amounts paid or 842 |
---|
| 1034 | + | costs incurred for the income or taxable year by a qualified hemp farmer 843 |
---|
| 1035 | + | for the purchase of equipment and infrastructure necessary to grow and 844 |
---|
| 1036 | + | process industrial hemp for the purposes set forth in subdivision (2) of 845 |
---|
| 1037 | + | subsection (b) of section 14 of this act. 846 |
---|
| 1038 | + | (c) If the qualified hemp farmer is an S corporation or an entity treated 847 |
---|
| 1039 | + | as a partnership for federal income tax purposes, the credit may be 848 |
---|
| 1040 | + | claimed by the shareholders or partners of the qualified hemp farmer. If 849 |
---|
| 1041 | + | the qualified hemp farmer is a single member limited liability company 850 |
---|
| 1042 | + | that is disregarded as an entity separate from its owner, the credit may 851 |
---|
| 1043 | + | be claimed by such limited liability company's owner, provided such 852 |
---|
| 1044 | + | owner is a person subject to the tax imposed under chapter 208 or 229 of 853 |
---|
| 1045 | + | the general statutes. 854 |
---|
| 1046 | + | Sec. 18. Subsection (f) of section 21a-420p of the general statutes is 855 |
---|
| 1047 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 856 |
---|
| 1048 | + | 2025): 857 |
---|
| 1049 | + | (f) (1) Subject to the requirements of this subsection and subsection 858 |
---|
| 1050 | + | (b) of section 21a-420c, a micro-cultivator may sell [its own] cannabis 859 |
---|
| 1051 | + | grown at such micro-cultivator's licensed establishment, including, but 860 |
---|
| 1052 | + | not limited to, [its own] cannabis seedlings grown at such establishment, 861 |
---|
| 1053 | + | to consumers, excluding qualifying patients and caregivers, (A) through 862 |
---|
| 1054 | + | a delivery service licensed pursuant to section 21a-420z, as amended by 863 |
---|
| 1055 | + | this act, or (B) at its licensed establishment, provided such micro-864 |
---|
| 1056 | + | cultivator (i) completes and submits a retail endorsement application to 865 |
---|
| 1057 | + | the department, in a form and manner prescribed by the commissioner, 866 |
---|
| 1058 | + | and renews such endorsement on an annual basis concurrent with such 867 |
---|
| 1059 | + | micro-cultivator's license renewal, (ii) receives written approval of the 868 |
---|
| 1060 | + | Raised Bill No. 7178 |
---|
1029 | | - | (B) Attests that the retailer or hybrid retailer created pursuant to the 897 |
---|
1030 | | - | endorsement shall be operated in compliance with all requirements 898 |
---|
1031 | | - | established in this chapter for a licensed retailer or a licensed hybrid 899 |
---|
1032 | | - | retailer; and 900 |
---|
1033 | | - | (C) Acknowledges and attests that such micro-cultivator shall not 901 |
---|
1034 | | - | engage in any outdoor cultivation of cannabis. 902 |
---|
1035 | | - | (3) Each micro-cultivator that is issued an endorsement under this 903 |
---|
1036 | | - | subsection shall have twenty-four months from the date such 904 |
---|
1037 | | - | endorsement is issued to (A) satisfy the requirements established in 905 |
---|
1038 | | - | section 21a-420g, as amended by this act, for a retailer or hybrid retailer 906 |
---|
1039 | | - | that has been issued a final license, and (B) seek and obtain a written 907 |
---|
1040 | | - | statement from the department, in a form and manner prescribed by the 908 |
---|
1041 | | - | commissioner, confirming that such micro-cultivator satisfies such 909 |
---|
1042 | | - | requirements and is authorized to engage in the activities of a retailer or 910 |
---|
1043 | | - | hybrid retailer. 911 |
---|
1044 | | - | (4) An endorsement issued pursuant to this subsection shall expire 912 |
---|
1045 | | - | and shall not be eligible for reapplication or renewal if the micro-913 |
---|
1046 | | - | cultivator (A) fails to satisfy the requirements established in subdivision 914 |
---|
1047 | | - | (3) of this subsection, or (B) allows such endorsement to lapse. 915 |
---|
1048 | | - | (5) The facility of a retailer or hybrid retailer established pursuant to 916 |
---|
1049 | | - | an endorsement issued pursuant to this subsection shall be located (A) 917 |
---|
1050 | | - | on the same premises as the micro-cultivator, or (B) on a tract of land or 918 |
---|
1051 | | - | parcel that abuts such premises, provided such abutting tract of land or 919 |
---|
1052 | | - | parcel is located within one hundred feet of such premises measured 920 |
---|
1053 | | - | from the point on such tract of land or parcel that is closest to such 921 |
---|
1054 | | - | premises. 922 |
---|
1055 | | - | (6) Upon receipt of a written statement from the department as set 923 |
---|
1056 | | - | forth in subparagraph (B) of subdivision (3) of this subsection, the 924 |
---|
1057 | | - | micro-cultivator shall: 925 |
---|
1058 | | - | (A) Be authorized to sell cannabis (i) to consumers only if such 926 |
---|
1059 | | - | cannabis is cultivated indoors by the micro-cultivator, and (ii) in the case 927 Substitute Bill No. 7178 |
---|
| 1064 | + | LCO No. 5810 30 of 50 |
---|
| 1065 | + | |
---|
| 1066 | + | endorsement application and subsequent renewal applications from the 869 |
---|
| 1067 | + | department, (iii) does not grow or cultivate cannabis outdoors, and (iv) 870 |
---|
| 1068 | + | complies with all requirements for a retailer set forth in this chapter, 871 |
---|
| 1069 | + | and, in the event of a conflict between any provision of this chapter, or 872 |
---|
| 1070 | + | any regulation, policy or procedure prescribed pursuant to this chapter, 873 |
---|
| 1071 | + | concerning micro-cultivators and any such provision, regulation, policy 874 |
---|
| 1072 | + | or procedure concerning retailers, the provision, regulation, policy or 875 |
---|
| 1073 | + | procedure imposing the more stringent public health and safety 876 |
---|
| 1074 | + | standard shall prevail. No cannabis establishment other than a micro-877 |
---|
| 1075 | + | cultivator shall sell cannabis seedlings to consumers, and no cannabis 878 |
---|
| 1076 | + | establishment other than a delivery service shall deliver cannabis 879 |
---|
| 1077 | + | seedlings sold by a micro-cultivator to consumers. 880 |
---|
| 1078 | + | (2) No micro-cultivator shall sell a cannabis seedling to a consumer 881 |
---|
| 1079 | + | unless: 882 |
---|
| 1080 | + | (A) The micro-cultivator cultivated the cannabis seedling in this state 883 |
---|
| 1081 | + | from seed or clone; 884 |
---|
| 1082 | + | (B) The cannabis seedling (i) has a standing height of not more than 885 |
---|
| 1083 | + | six inches measured from the base of the stem to the tallest point of the 886 |
---|
| 1084 | + | plant, (ii) does not contain any bud or flower, and (iii) has been tested 887 |
---|
| 1085 | + | for pesticides and heavy metals in accordance with the laboratory 888 |
---|
| 1086 | + | testing standards established in the policies and procedures issued, and 889 |
---|
| 1087 | + | final regulations adopted, by the commissioner pursuant to section 21a-890 |
---|
| 1088 | + | 421j, as amended by this act; and 891 |
---|
| 1089 | + | (C) A label or informational tag is affixed to the cannabis seedling 892 |
---|
| 1090 | + | disclosing the following in legible English, black lettering, Times New 893 |
---|
| 1091 | + | Roman font, flat regular typeface, on a contrasting background and in 894 |
---|
| 1092 | + | uniform size of not less than one-tenth of one inch, based on a capital 895 |
---|
| 1093 | + | letter "K": 896 |
---|
| 1094 | + | (i) The name of the micro-cultivator; 897 |
---|
| 1095 | + | (ii) A product description for the cannabis seedling; 898 |
---|
| 1096 | + | Raised Bill No. 7178 |
---|
1064 | | - | of a hybrid retailer endorsement, to consumers, qualifying patients and 928 |
---|
1065 | | - | caregivers; 929 |
---|
1066 | | - | (B) Acknowledge and agree that such micro-cultivator is not eligible 930 |
---|
1067 | | - | to expand to a cultivator license, as provided in section 21a-420p, as 931 |
---|
1068 | | - | amended by this act; and 932 |
---|
1069 | | - | (C) Maintain the retailer's or hybrid-retailer's activities and facility in 933 |
---|
1070 | | - | accordance with the requirements established in this chapter, chapter 934 |
---|
1071 | | - | 420f and the regulations, policies and procedures adopted or issued 935 |
---|
1072 | | - | pursuant to said chapters, as applicable. 936 |
---|
1073 | | - | (7) A micro-cultivator that is issued an endorsement under this 937 |
---|
1074 | | - | subsection may sell cannabis cultivated by the micro-cultivator directly 938 |
---|
1075 | | - | to consumers by utilizing a delivery service or its own employees, 939 |
---|
1076 | | - | subject to the provisions of subsection (b) of section 21a-420c, provided 940 |
---|
1077 | | - | such micro-cultivator shall exclusively sell cannabis cultivated by such 941 |
---|
1078 | | - | micro-cultivator. 942 |
---|
1079 | | - | (8) Notwithstanding the provisions of this section, a micro-cultivator 943 |
---|
1080 | | - | with an active endorsement issued under this subsection shall not 944 |
---|
1081 | | - | exceed twenty-five thousand square feet of grow space and shall not be 945 |
---|
1082 | | - | eligible to convert to a cultivator unless the micro-cultivator 946 |
---|
1083 | | - | permanently surrenders such endorsement and ceases all retailer and 947 |
---|
1084 | | - | hybrid retailer activities at the cannabis establishment. 948 |
---|
1085 | | - | (9) An endorsement issued under this subsection shall not impact any 949 |
---|
1086 | | - | right a micro-cultivator may have to create an equity joint venture. 950 |
---|
1087 | | - | Sec. 15. Subsection (c) of section 21a-420e of the general statutes is 951 |
---|
1088 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, 952 |
---|
1089 | | - | 2025): 953 |
---|
1090 | | - | (c) Except as provided in subsection (d) of this section, the following 954 |
---|
1091 | | - | fees shall be paid by each applicant: 955 |
---|
1092 | | - | (1) For a retailer license, the fee to enter the lottery shall be five 956 |
---|
1093 | | - | hundred dollars, the fee to receive a provisional license shall be five 957 Substitute Bill No. 7178 |
---|
| 1100 | + | LCO No. 5810 31 of 50 |
---|
| 1101 | + | |
---|
| 1102 | + | (iii) One of the following chemotypes anticipated after flowering: (I) 899 |
---|
| 1103 | + | "High THC, Low CBD"; (II) "Low THC, High CBD"; or (III) "50/50 THC 900 |
---|
| 1104 | + | and CBD"; 901 |
---|
| 1105 | + | (iv) The results of the testing required under subparagraph (B)(iii) of 902 |
---|
| 1106 | + | this subdivision; 903 |
---|
| 1107 | + | (v) Directions for optimal care of the cannabis seedling; 904 |
---|
| 1108 | + | (vi) Unobscured symbols, in a size of not less than one-half inch by 905 |
---|
| 1109 | + | one-half inch and in a format approved by the commissioner, which 906 |
---|
| 1110 | + | symbols shall indicate that the cannabis seedling contains THC and is 907 |
---|
| 1111 | + | not legal or safe for individuals younger than twenty-one years of age; 908 |
---|
| 1112 | + | and 909 |
---|
| 1113 | + | (vii) A unique identifier generated by a cannabis analytic tracking 910 |
---|
| 1114 | + | system maintained by the department and used to track cannabis under 911 |
---|
| 1115 | + | the policies and procedures issued, and final regulations adopted, by 912 |
---|
| 1116 | + | the commissioner pursuant to section 21a-421j, as amended by this act. 913 |
---|
| 1117 | + | (3) Notwithstanding section 21a-421j, as amended by this act, no 914 |
---|
| 1118 | + | cannabis seedling shall be required to be sold in child-resistant 915 |
---|
| 1119 | + | packaging. 916 |
---|
| 1120 | + | (4) No micro-cultivator shall knowingly sell more than three cannabis 917 |
---|
| 1121 | + | seedlings to a consumer in any six-month period. 918 |
---|
| 1122 | + | (5) No micro-cultivator shall accept any returned cannabis seedling. 919 |
---|
| 1123 | + | Sec. 19. Subsection (c) of section 21a-420e of the general statutes is 920 |
---|
| 1124 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 921 |
---|
| 1125 | + | 2025): 922 |
---|
| 1126 | + | (c) Except as provided in subsection (d) of this section, the following 923 |
---|
| 1127 | + | fees shall be paid by each applicant: 924 |
---|
| 1128 | + | (1) For a retailer license, the fee to enter the lottery shall be five 925 |
---|
| 1129 | + | Raised Bill No. 7178 |
---|
1098 | | - | thousand dollars and the fee to receive a final license or a renewal of a 958 |
---|
1099 | | - | final license shall be twenty-five thousand dollars. 959 |
---|
1100 | | - | (2) For a hybrid retailer license, the fee to enter the lottery shall be five 960 |
---|
1101 | | - | hundred dollars, the fee to receive a provisional license shall be five 961 |
---|
1102 | | - | thousand dollars and the fee to receive a final license or a renewal of a 962 |
---|
1103 | | - | final license shall be twenty-five thousand dollars. 963 |
---|
1104 | | - | (3) For a cultivator license, the fee to enter the lottery shall be one 964 |
---|
1105 | | - | thousand dollars, the fee to receive a provisional license shall be twenty-965 |
---|
1106 | | - | five thousand dollars and the fee to receive a final license or a renewal 966 |
---|
1107 | | - | of a final license shall be seventy-five thousand dollars. 967 |
---|
1108 | | - | (4) For a micro-cultivator license, the fee to enter the lottery shall be 968 |
---|
1109 | | - | two hundred fifty dollars, the fee to receive a provisional license shall 969 |
---|
1110 | | - | be five hundred dollars and the fee to receive a final license or a renewal 970 |
---|
1111 | | - | of a final license shall be one thousand dollars. 971 |
---|
1112 | | - | (5) (A) For a product manufacturer license, the fee to enter the lottery 972 |
---|
1113 | | - | shall be seven hundred fifty dollars, the fee to receive a provisional 973 |
---|
1114 | | - | license shall be five thousand dollars and the fee to receive a final license 974 |
---|
1115 | | - | or a renewal of a final license shall be twenty-five thousand dollars. 975 |
---|
1116 | | - | (B) For a product manufacturer seeking authorization to expand the 976 |
---|
1117 | | - | product manufacturer's authorized activities to include the authorized 977 |
---|
1118 | | - | activities of a food and beverage manufacturer, the application fee for 978 |
---|
1119 | | - | such expanded authorization shall be five thousand dollars and the fee 979 |
---|
1120 | | - | to renew such expanded authorization shall be five thousand dollars. 980 |
---|
1121 | | - | The fees due under this subparagraph shall be in addition to the fees 981 |
---|
1122 | | - | due under subparagraph (A) of this subdivision. 982 |
---|
1123 | | - | (6) (A) For a food and beverage manufacturer license, the fee to enter 983 |
---|
1124 | | - | the lottery shall be two hundred fifty dollars, the fee to receive a 984 |
---|
1125 | | - | provisional license shall be one thousand dollars and the fee to receive 985 |
---|
1126 | | - | a final license or a renewal of a final license shall be five thousand 986 |
---|
1127 | | - | dollars. 987 Substitute Bill No. 7178 |
---|
| 1133 | + | LCO No. 5810 32 of 50 |
---|
| 1134 | + | |
---|
| 1135 | + | hundred dollars, the fee to receive a provisional license shall be five 926 |
---|
| 1136 | + | thousand dollars and the fee to receive a final license or a renewal of a 927 |
---|
| 1137 | + | final license shall be twenty-five thousand dollars. 928 |
---|
| 1138 | + | (2) For a hybrid retailer license, the fee to enter the lottery shall be five 929 |
---|
| 1139 | + | hundred dollars, the fee to receive a provisional license shall be five 930 |
---|
| 1140 | + | thousand dollars and the fee to receive a final license or a renewal of a 931 |
---|
| 1141 | + | final license shall be twenty-five thousand dollars. 932 |
---|
| 1142 | + | (3) For a cultivator license, the fee to enter the lottery shall be one 933 |
---|
| 1143 | + | thousand dollars, the fee to receive a provisional license shall be twenty-934 |
---|
| 1144 | + | five thousand dollars and the fee to receive a final license or a renewal 935 |
---|
| 1145 | + | of a final license shall be seventy-five thousand dollars. 936 |
---|
| 1146 | + | (4) For a micro-cultivator license, the fee to enter the lottery shall be 937 |
---|
| 1147 | + | two hundred fifty dollars, the fee to receive a provisional license shall 938 |
---|
| 1148 | + | be five hundred dollars and the fee to receive a final license or a renewal 939 |
---|
| 1149 | + | of a final license shall be one thousand dollars. 940 |
---|
| 1150 | + | (5) (A) For a product manufacturer license, the fee to enter the lottery 941 |
---|
| 1151 | + | shall be seven hundred fifty dollars, the fee to receive a provisional 942 |
---|
| 1152 | + | license shall be five thousand dollars and the fee to receive a final license 943 |
---|
| 1153 | + | or a renewal of a final license shall be twenty-five thousand dollars. 944 |
---|
| 1154 | + | (B) For a product manufacturer seeking authorization to expand the 945 |
---|
| 1155 | + | product manufacturer's authorized activities to include the authorized 946 |
---|
| 1156 | + | activities of a food and beverage manufacturer, the application fee for 947 |
---|
| 1157 | + | such expanded authorization shall be five thousand dollars and the fee 948 |
---|
| 1158 | + | to renew such expanded authorization shall be five thousand dollars. 949 |
---|
| 1159 | + | The fees due under this subparagraph shall be in addition to the fees 950 |
---|
| 1160 | + | due under subparagraph (A) of this subdivision. 951 |
---|
| 1161 | + | (6) (A) For a food and beverage manufacturer license, the fee to enter 952 |
---|
| 1162 | + | the lottery shall be two hundred fifty dollars, the fee to receive a 953 |
---|
| 1163 | + | provisional license shall be one thousand dollars and the fee to receive 954 |
---|
| 1164 | + | a final license or a renewal of a final license shall be five thousand 955 |
---|
| 1165 | + | Raised Bill No. 7178 |
---|
1132 | | - | (B) For a food and beverage manufacturer seeking authorization to 988 |
---|
1133 | | - | expand the food and beverage manufacturer's authorized activities to 989 |
---|
1134 | | - | include the authorized activities of a product manufacturer, the 990 |
---|
1135 | | - | application fee for such expanded authorization shall be twenty-five 991 |
---|
1136 | | - | thousand dollars and the fee to renew such expanded authorization 992 |
---|
1137 | | - | shall be twenty-five thousand dollars. The fees due under this 993 |
---|
1138 | | - | subparagraph shall be in addition to the fees due under subparagraph 994 |
---|
1139 | | - | (A) of this subdivision. 995 |
---|
1140 | | - | (7) (A) For a product packager license, the fee to enter the lottery shall 996 |
---|
1141 | | - | be five hundred dollars, the fee to receive a provisional license shall be 997 |
---|
1142 | | - | five thousand dollars and the fee to receive a final license or a renewal 998 |
---|
1143 | | - | of a final license shall be twenty-five thousand dollars. 999 |
---|
1144 | | - | (B) For a product packager seeking authorization to expand the 1000 |
---|
1145 | | - | product packager's authorized activities to include the authorized 1001 |
---|
1146 | | - | activities of a product manufacturer, the application fee for such 1002 |
---|
1147 | | - | expanded authorization shall be thirty thousand dollars and the fee to 1003 |
---|
1148 | | - | renew such expanded authorization shall be twenty-five thousand 1004 |
---|
1149 | | - | dollars. The [fees] renewal fee due under this subparagraph shall be in 1005 |
---|
1150 | | - | lieu of the [fees] renewal fee due under subparagraph (A) of this 1006 |
---|
1151 | | - | subdivision. 1007 |
---|
1152 | | - | (8) (A) For a delivery service or transporter license, the fee to enter 1008 |
---|
1153 | | - | the lottery shall be two hundred fifty dollars, the fee to receive a 1009 |
---|
1154 | | - | provisional license shall be one thousand dollars and the fee to receive 1010 |
---|
1155 | | - | a final license or a renewal of a final license shall be five thousand 1011 |
---|
1156 | | - | dollars. 1012 |
---|
1157 | | - | (B) For a transporter seeking authorization to expand the 1013 |
---|
1158 | | - | transporter's authorized activities to include the authorized activities of 1014 |
---|
1159 | | - | a product packager, the application fee for such expanded authorization 1015 |
---|
1160 | | - | shall be twenty-five thousand dollars, and the fee to renew such 1016 |
---|
1161 | | - | expanded authorization shall be twenty-five thousand dollars. The 1017 |
---|
1162 | | - | renewal fee due under this subparagraph shall be in lieu of the renewal 1018 |
---|
1163 | | - | fee due under subparagraph (A) of this subdivision. In the event a 1019 Substitute Bill No. 7178 |
---|
| 1169 | + | LCO No. 5810 33 of 50 |
---|
| 1170 | + | |
---|
| 1171 | + | dollars. 956 |
---|
| 1172 | + | (B) For a food and beverage manufacturer seeking authorization to 957 |
---|
| 1173 | + | expand the food and beverage manufacturer's authorized activities to 958 |
---|
| 1174 | + | include the authorized activities of a product manufacturer, the 959 |
---|
| 1175 | + | application fee for such expanded authorization shall be twenty-five 960 |
---|
| 1176 | + | thousand dollars and the fee to renew such expanded authorization 961 |
---|
| 1177 | + | shall be twenty-five thousand dollars. The fees due under this 962 |
---|
| 1178 | + | subparagraph shall be in addition to the fees due under subparagraph 963 |
---|
| 1179 | + | (A) of this subdivision. 964 |
---|
| 1180 | + | (7) (A) For a product packager license, the fee to enter the lottery shall 965 |
---|
| 1181 | + | be five hundred dollars, the fee to receive a provisional license shall be 966 |
---|
| 1182 | + | five thousand dollars and the fee to receive a final license or a renewal 967 |
---|
| 1183 | + | of a final license shall be twenty-five thousand dollars. 968 |
---|
| 1184 | + | (B) For a product packager seeking authorization to expand the 969 |
---|
| 1185 | + | product packager's authorized activities to include the authorized 970 |
---|
| 1186 | + | activities of a product manufacturer, the application fee for such 971 |
---|
| 1187 | + | expanded authorization shall be thirty thousand dollars and the fee to 972 |
---|
| 1188 | + | renew such expanded authorization shall be twenty-five thousand 973 |
---|
| 1189 | + | dollars. The [fees] renewal fee due under this subparagraph shall be in 974 |
---|
| 1190 | + | lieu of the [fees] renewal fee due under subparagraph (A) of this 975 |
---|
| 1191 | + | subdivision. 976 |
---|
| 1192 | + | (8) (A) For a delivery service or transporter license, the fee to enter 977 |
---|
| 1193 | + | the lottery shall be two hundred fifty dollars, the fee to receive a 978 |
---|
| 1194 | + | provisional license shall be one thousand dollars and the fee to receive 979 |
---|
| 1195 | + | a final license or a renewal of a final license shall be five thousand 980 |
---|
| 1196 | + | dollars. 981 |
---|
| 1197 | + | (B) For a transporter seeking authorization to expand the 982 |
---|
| 1198 | + | transporter's authorized activities to include the authorized activities of 983 |
---|
| 1199 | + | a product packager, the application fee for such expanded authorization 984 |
---|
| 1200 | + | shall be twenty-five thousand dollars, and the fee to renew such 985 |
---|
| 1201 | + | expanded authorization shall be twenty-five thousand dollars. The 986 |
---|
| 1202 | + | Raised Bill No. 7178 |
---|
1168 | | - | transporter elects to cease the authorized activities of a product 1020 |
---|
1169 | | - | packager, such transporter shall notify the department in writing prior 1021 |
---|
1170 | | - | to reverting to the authorized activities of a transporter. Such 1022 |
---|
1171 | | - | transporter shall remain authorized to perform the authorized activities 1023 |
---|
1172 | | - | of a product packager until the end of the license period in which such 1024 |
---|
1173 | | - | written notice was provided. 1025 |
---|
1174 | | - | (9) For an initial or renewal of a backer license, the fee shall be one 1026 |
---|
1175 | | - | hundred dollars. 1027 |
---|
1176 | | - | (10) For an initial or renewal of a key employee license, the fee shall 1028 |
---|
1177 | | - | be one hundred dollars. 1029 |
---|
1178 | | - | (11) For an initial or renewal of a registration of an employee who is 1030 |
---|
1179 | | - | not a key employee, the fee shall be fifty dollars. 1031 |
---|
1180 | | - | (12) The license conversion fee for a dispensary facility to become a 1032 |
---|
1181 | | - | hybrid retailer shall be one million dollars, except as provided in section 1033 |
---|
1182 | | - | 21a-420u, as amended by this act. 1034 |
---|
1183 | | - | (13) The license conversion fee for a producer to engage in the adult 1035 |
---|
1184 | | - | use cannabis market shall be three million dollars, except as provided in 1036 |
---|
1185 | | - | section 21a-420l. 1037 |
---|
1186 | | - | (14) For a dispensary facility license, the fee to enter the lottery shall 1038 |
---|
1187 | | - | be five hundred dollars, the fee to receive a provisional license shall be 1039 |
---|
1188 | | - | five thousand dollars and the fee to receive a final license or a renewal 1040 |
---|
1189 | | - | of a final license shall be five thousand dollars. 1041 |
---|
1190 | | - | (15) For a producer license, the fee to enter the lottery shall be one 1042 |
---|
1191 | | - | thousand dollars, the fee to receive a provisional license shall be twenty-1043 |
---|
1192 | | - | five thousand dollars and the fee to receive a final license or a renewal 1044 |
---|
1193 | | - | of a final license shall be seventy-five thousand dollars. 1045 |
---|
1194 | | - | Sec. 16. Section 21a-420z of the general statutes is repealed and the 1046 |
---|
1195 | | - | following is substituted in lieu thereof (Effective July 1, 2025): 1047 |
---|
1196 | | - | (a) On and after July 1, 2021, the department may issue or renew a 1048 Substitute Bill No. 7178 |
---|
| 1206 | + | LCO No. 5810 34 of 50 |
---|
| 1207 | + | |
---|
| 1208 | + | renewal fee due under this subparagraph shall be in lieu of the renewal 987 |
---|
| 1209 | + | fee due under subparagraph (A) of this subdivision. In the event a 988 |
---|
| 1210 | + | transporter elects to cease the authorized activities of a product 989 |
---|
| 1211 | + | packager, such transporter shall notify the department in writing prior 990 |
---|
| 1212 | + | to reverting to the authorized activities of a transporter. Such 991 |
---|
| 1213 | + | transporter shall remain authorized to perform the authorized activities 992 |
---|
| 1214 | + | of a product packager until the end of the license period in which such 993 |
---|
| 1215 | + | written notice was provided. 994 |
---|
| 1216 | + | (9) For an initial or renewal of a backer license, the fee shall be one 995 |
---|
| 1217 | + | hundred dollars. 996 |
---|
| 1218 | + | (10) For an initial or renewal of a key employee license, the fee shall 997 |
---|
| 1219 | + | be one hundred dollars. 998 |
---|
| 1220 | + | (11) For an initial or renewal of a registration of an employee who is 999 |
---|
| 1221 | + | not a key employee, the fee shall be fifty dollars. 1000 |
---|
| 1222 | + | (12) The license conversion fee for a dispensary facility to become a 1001 |
---|
| 1223 | + | hybrid retailer shall be one million dollars, except as provided in section 1002 |
---|
| 1224 | + | 21a-420u, as amended by this act. 1003 |
---|
| 1225 | + | (13) The license conversion fee for a producer to engage in the adult 1004 |
---|
| 1226 | + | use cannabis market shall be three million dollars, except as provided in 1005 |
---|
| 1227 | + | section 21a-420l. 1006 |
---|
| 1228 | + | (14) For a dispensary facility license, the fee to enter the lottery shall 1007 |
---|
| 1229 | + | be five hundred dollars, the fee to receive a provisional license shall be 1008 |
---|
| 1230 | + | five thousand dollars and the fee to receive a final license or a renewal 1009 |
---|
| 1231 | + | of a final license shall be five thousand dollars. 1010 |
---|
| 1232 | + | (15) For a producer license, the fee to enter the lottery shall be one 1011 |
---|
| 1233 | + | thousand dollars, the fee to receive a provisional license shall be twenty-1012 |
---|
| 1234 | + | five thousand dollars and the fee to receive a final license or a renewal 1013 |
---|
| 1235 | + | of a final license shall be seventy-five thousand dollars. 1014 |
---|
| 1236 | + | Sec. 20. Section 21a-420z of the general statutes is repealed and the 1015 |
---|
| 1237 | + | Raised Bill No. 7178 |
---|
1201 | | - | license for a person to be a delivery service or a transporter. No person 1049 |
---|
1202 | | - | may act as a delivery service or transporter or represent that such person 1050 |
---|
1203 | | - | is a licensed delivery service or transporter unless such person has 1051 |
---|
1204 | | - | obtained a license from the department pursuant to this section. 1052 |
---|
1205 | | - | (b) Upon application for a delivery service or transporter license, the 1053 |
---|
1206 | | - | applicant shall indicate whether the applicant is applying to transport 1054 |
---|
1207 | | - | cannabis (1) between cannabis establishments, in which case the 1055 |
---|
1208 | | - | applicant shall apply for a transporter license, or (2) from certain 1056 |
---|
1209 | | - | cannabis establishments to consumers or qualifying patients and 1057 |
---|
1210 | | - | caregivers, or a combination thereof, in which case the applicant shall 1058 |
---|
1211 | | - | apply for a delivery service license. 1059 |
---|
1212 | | - | (c) A delivery service may (1) deliver cannabis from a micro-1060 |
---|
1213 | | - | cultivator, retailer, or hybrid retailer directly to a consumer, and (2) 1061 |
---|
1214 | | - | deliver cannabis and medical marijuana products from a hybrid retailer 1062 |
---|
1215 | | - | or dispensary facility directly to a qualifying patient, caregiver, or 1063 |
---|
1216 | | - | hospice or other inpatient care facility licensed by the Department of 1064 |
---|
1217 | | - | Public Health pursuant to chapter 368v that has protocols for the 1065 |
---|
1218 | | - | handling and distribution of cannabis that have been approved by the 1066 |
---|
1219 | | - | Department of Consumer Protection. A delivery service may not store 1067 |
---|
1220 | | - | or maintain control of cannabis or medical marijuana products for more 1068 |
---|
1221 | | - | than twenty-four hours between the point when a consumer, qualifying 1069 |
---|
1222 | | - | patient, caregiver or facility places an order, until the time that the 1070 |
---|
1223 | | - | cannabis or medical marijuana product is delivered to such consumer, 1071 |
---|
1224 | | - | qualifying patient, caregiver or facility. 1072 |
---|
1225 | | - | (d) A transporter may deliver cannabis between cannabis 1073 |
---|
1226 | | - | establishments, research programs and cannabis testing laboratories 1074 |
---|
1227 | | - | and shall not store or maintain control of cannabis for more than twenty-1075 |
---|
1228 | | - | four hours from the time the transporter obtains the cannabis from a 1076 |
---|
1229 | | - | cannabis establishment, research program or cannabis testing 1077 |
---|
1230 | | - | laboratory until the time such cannabis is delivered to the destination. 1078 |
---|
1231 | | - | (e) The commissioner shall adopt regulations, in accordance with 1079 |
---|
1232 | | - | chapter 54, to implement the provisions of RERACA. Notwithstanding 1080 Substitute Bill No. 7178 |
---|
| 1241 | + | LCO No. 5810 35 of 50 |
---|
| 1242 | + | |
---|
| 1243 | + | following is substituted in lieu thereof (Effective July 1, 2025): 1016 |
---|
| 1244 | + | (a) On and after July 1, 2021, the department may issue or renew a 1017 |
---|
| 1245 | + | license for a person to be a delivery service or a transporter. No person 1018 |
---|
| 1246 | + | may act as a delivery service or transporter or represent that such person 1019 |
---|
| 1247 | + | is a licensed delivery service or transporter unless such person has 1020 |
---|
| 1248 | + | obtained a license from the department pursuant to this section. 1021 |
---|
| 1249 | + | (b) Upon application for a delivery service or transporter license, the 1022 |
---|
| 1250 | + | applicant shall indicate whether the applicant is applying to transport 1023 |
---|
| 1251 | + | cannabis (1) between cannabis establishments, in which case the 1024 |
---|
| 1252 | + | applicant shall apply for a transporter license, or (2) from certain 1025 |
---|
| 1253 | + | cannabis establishments to consumers or qualifying patients and 1026 |
---|
| 1254 | + | caregivers, or a combination thereof, in which case the applicant shall 1027 |
---|
| 1255 | + | apply for a delivery service license. 1028 |
---|
| 1256 | + | (c) A delivery service may (1) deliver cannabis from a micro-1029 |
---|
| 1257 | + | cultivator, retailer, or hybrid retailer directly to a consumer, and (2) 1030 |
---|
| 1258 | + | deliver cannabis and medical marijuana products from a hybrid retailer 1031 |
---|
| 1259 | + | or dispensary facility directly to a qualifying patient, caregiver, or 1032 |
---|
| 1260 | + | hospice or other inpatient care facility licensed by the Department of 1033 |
---|
| 1261 | + | Public Health pursuant to chapter 368v that has protocols for the 1034 |
---|
| 1262 | + | handling and distribution of cannabis that have been approved by the 1035 |
---|
| 1263 | + | Department of Consumer Protection. A delivery service may not store 1036 |
---|
| 1264 | + | or maintain control of cannabis or medical marijuana products for more 1037 |
---|
| 1265 | + | than twenty-four hours between the point when a consumer, qualifying 1038 |
---|
| 1266 | + | patient, caregiver or facility places an order, until the time that the 1039 |
---|
| 1267 | + | cannabis or medical marijuana product is delivered to such consumer, 1040 |
---|
| 1268 | + | qualifying patient, caregiver or facility. 1041 |
---|
| 1269 | + | (d) A transporter may deliver cannabis between cannabis 1042 |
---|
| 1270 | + | establishments, research programs and cannabis testing laboratories 1043 |
---|
| 1271 | + | and shall not store or maintain control of cannabis for more than twenty-1044 |
---|
| 1272 | + | four hours from the time the transporter obtains the cannabis from a 1045 |
---|
| 1273 | + | cannabis establishment, research program or cannabis testing 1046 |
---|
| 1274 | + | Raised Bill No. 7178 |
---|
1237 | | - | the requirements of sections 4-168 to 4-172, inclusive, in order to 1081 |
---|
1238 | | - | effectuate the purposes of RERACA and protect public health and 1082 |
---|
1239 | | - | safety, prior to adopting such regulations the commissioner shall issue 1083 |
---|
1240 | | - | policies and procedures to implement the provisions of this section that 1084 |
---|
1241 | | - | shall have the force and effect of law. The commissioner shall post all 1085 |
---|
1242 | | - | policies and procedures on the department's Internet web site, and 1086 |
---|
1243 | | - | submit such policies and procedures to the Secretary of the State for 1087 |
---|
1244 | | - | posting on the eRegulations System, at least fifteen days prior to the 1088 |
---|
1245 | | - | effective date of any policy or procedure. Any such policy or procedure 1089 |
---|
1246 | | - | shall no longer be effective upon the earlier of either adoption of such 1090 |
---|
1247 | | - | policy or procedure as a final regulation under section 4-172 or forty-1091 |
---|
1248 | | - | eight months from July 1, 2021, if such final regulations have not been 1092 |
---|
1249 | | - | submitted to the legislative regulation review committee for 1093 |
---|
1250 | | - | consideration under section 4-170. The commissioner shall issue policies 1094 |
---|
1251 | | - | and procedures, and thereafter adopt final regulations, requiring that: 1095 |
---|
1252 | | - | (1) The delivery service and transporter meet certain security 1096 |
---|
1253 | | - | requirements related to the storage, handling and transport of cannabis, 1097 |
---|
1254 | | - | the vehicles employed, the conduct of employees and agents, and the 1098 |
---|
1255 | | - | documentation that shall be maintained by the delivery service, 1099 |
---|
1256 | | - | transporter and its drivers; (2) a delivery service that delivers cannabis 1100 |
---|
1257 | | - | to consumers maintain an online interface that verifies the age of 1101 |
---|
1258 | | - | consumers ordering cannabis for delivery and meets certain 1102 |
---|
1259 | | - | specifications and data security standards; and (3) a delivery service that 1103 |
---|
1260 | | - | delivers cannabis to consumers, qualifying patients or caregivers, and 1104 |
---|
1261 | | - | all employees and agents of such licensee, to verify the identity of the 1105 |
---|
1262 | | - | qualifying patient, caregiver or consumer and the age of the consumer 1106 |
---|
1263 | | - | upon delivery of cannabis to the end consumer, qualifying patient or 1107 |
---|
1264 | | - | caregiver, in a manner acceptable to the commissioner. The individual 1108 |
---|
1265 | | - | placing the cannabis order shall be the individual accepting delivery of 1109 |
---|
1266 | | - | the cannabis except, in the case of a qualifying patient, the individual 1110 |
---|
1267 | | - | accepting the delivery may be the caregiver of such qualifying patient. 1111 |
---|
1268 | | - | (f) A delivery service shall not gift or transfer cannabis at no cost to a 1112 |
---|
1269 | | - | consumer or qualifying patient or caregiver as part of a commercial 1113 |
---|
1270 | | - | transaction. 1114 Substitute Bill No. 7178 |
---|
| 1278 | + | LCO No. 5810 36 of 50 |
---|
| 1279 | + | |
---|
| 1280 | + | laboratory until the time such cannabis is delivered to the destination. 1047 |
---|
| 1281 | + | (e) The commissioner shall adopt regulations, in accordance with 1048 |
---|
| 1282 | + | chapter 54, to implement the provisions of RERACA. Notwithstanding 1049 |
---|
| 1283 | + | the requirements of sections 4-168 to 4-172, inclusive, in order to 1050 |
---|
| 1284 | + | effectuate the purposes of RERACA and protect public health and 1051 |
---|
| 1285 | + | safety, prior to adopting such regulations the commissioner shall issue 1052 |
---|
| 1286 | + | policies and procedures to implement the provisions of this section that 1053 |
---|
| 1287 | + | shall have the force and effect of law. The commissioner shall post all 1054 |
---|
| 1288 | + | policies and procedures on the department's Internet web site, and 1055 |
---|
| 1289 | + | submit such policies and procedures to the Secretary of the State for 1056 |
---|
| 1290 | + | posting on the eRegulations System, at least fifteen days prior to the 1057 |
---|
| 1291 | + | effective date of any policy or procedure. Any such policy or procedure 1058 |
---|
| 1292 | + | shall no longer be effective upon the earlier of either adoption of such 1059 |
---|
| 1293 | + | policy or procedure as a final regulation under section 4-172 or forty-1060 |
---|
| 1294 | + | eight months from July 1, 2021, if such final regulations have not been 1061 |
---|
| 1295 | + | submitted to the legislative regulation review committee for 1062 |
---|
| 1296 | + | consideration under section 4-170. The commissioner shall issue policies 1063 |
---|
| 1297 | + | and procedures, and thereafter adopt final regulations, requiring that: 1064 |
---|
| 1298 | + | (1) The delivery service and transporter meet certain security 1065 |
---|
| 1299 | + | requirements related to the storage, handling and transport of cannabis, 1066 |
---|
| 1300 | + | the vehicles employed, the conduct of employees and agents, and the 1067 |
---|
| 1301 | + | documentation that shall be maintained by the delivery service, 1068 |
---|
| 1302 | + | transporter and its drivers; (2) a delivery service that delivers cannabis 1069 |
---|
| 1303 | + | to consumers maintain an online interface that verifies the age of 1070 |
---|
| 1304 | + | consumers ordering cannabis for delivery and meets certain 1071 |
---|
| 1305 | + | specifications and data security standards; and (3) a delivery service that 1072 |
---|
| 1306 | + | delivers cannabis to consumers, qualifying patients or caregivers, and 1073 |
---|
| 1307 | + | all employees and agents of such licensee, to verify the identity of the 1074 |
---|
| 1308 | + | qualifying patient, caregiver or consumer and the age of the consumer 1075 |
---|
| 1309 | + | upon delivery of cannabis to the end consumer, qualifying patient or 1076 |
---|
| 1310 | + | caregiver, in a manner acceptable to the commissioner. The individual 1077 |
---|
| 1311 | + | placing the cannabis order shall be the individual accepting delivery of 1078 |
---|
| 1312 | + | the cannabis except, in the case of a qualifying patient, the individual 1079 |
---|
| 1313 | + | Raised Bill No. 7178 |
---|
1275 | | - | (g) A delivery service that employs twelve or more individuals to 1115 |
---|
1276 | | - | deliver cannabis pursuant to subsection (c) of this section may only use 1116 |
---|
1277 | | - | individuals employed on a full-time basis, not less than thirty-five hours 1117 |
---|
1278 | | - | a week, to deliver cannabis pursuant to subsection (c) of this section. 1118 |
---|
1279 | | - | Any delivery service employees who deliver cannabis shall be 1119 |
---|
1280 | | - | registered with the department, and a delivery service shall not employ 1120 |
---|
1281 | | - | more than twenty-five such delivery employees at any given time. 1121 |
---|
1282 | | - | (h) No provision of this section shall be construed to excuse any 1122 |
---|
1283 | | - | delivery service from the requirement that such delivery service enter 1123 |
---|
1284 | | - | into a labor peace agreement with a bona fide labor organization under 1124 |
---|
1285 | | - | section 21a-421d. 1125 |
---|
1286 | | - | (i) (1) A transporter may expand the transporter's authorized 1126 |
---|
1287 | | - | activities to include the authorized activities of a product packager if: 1127 |
---|
1288 | | - | (A) The transporter submits to the department (i) a completed license 1128 |
---|
1289 | | - | expansion application on a form and in a manner prescribed by the 1129 |
---|
1290 | | - | commissioner, and (ii) the fee prescribed in subparagraph (B) of 1130 |
---|
1291 | | - | subdivision (8) of subsection (c) of section 21a-420e, as amended by this 1131 |
---|
1292 | | - | act; and (B) the commissioner authorizes the transporter, in writing, to 1132 |
---|
1293 | | - | expand such transporter's authorized activities to include the 1133 |
---|
1294 | | - | authorized activities of a product packager. 1134 |
---|
1295 | | - | (2) A transporter that expands the transporter's authorized activities 1135 |
---|
1296 | | - | to include the authorized activities of a product packager under this 1136 |
---|
1297 | | - | subsection shall comply with all provisions of this chapter, and all 1137 |
---|
1298 | | - | regulations, policies and procedures prescribed pursuant to this 1138 |
---|
1299 | | - | chapter, concerning product packagers. In the event of a conflict 1139 |
---|
1300 | | - | between any provision of this chapter, or any regulation, policy or 1140 |
---|
1301 | | - | procedure prescribed pursuant to this chapter, concerning transporters 1141 |
---|
1302 | | - | and any such provision, regulation, policy or procedure concerning 1142 |
---|
1303 | | - | product packagers, the provision, regulation, policy or procedure 1143 |
---|
1304 | | - | imposing the more stringent public health and safety standard shall 1144 |
---|
1305 | | - | prevail. 1145 |
---|
1306 | | - | Sec. 17. Section 21a-422f of the general statutes is repealed and the 1146 Substitute Bill No. 7178 |
---|
| 1317 | + | LCO No. 5810 37 of 50 |
---|
| 1318 | + | |
---|
| 1319 | + | accepting the delivery may be the caregiver of such qualifying patient. 1080 |
---|
| 1320 | + | (f) A delivery service shall not gift or transfer cannabis at no cost to a 1081 |
---|
| 1321 | + | consumer or qualifying patient or caregiver as part of a commercial 1082 |
---|
| 1322 | + | transaction. 1083 |
---|
| 1323 | + | (g) A delivery service that employs twelve or more individuals to 1084 |
---|
| 1324 | + | deliver cannabis pursuant to subsection (c) of this section may only use 1085 |
---|
| 1325 | + | individuals employed on a full-time basis, not less than thirty-five hours 1086 |
---|
| 1326 | + | a week, to deliver cannabis pursuant to subsection (c) of this section. 1087 |
---|
| 1327 | + | Any delivery service employees who deliver cannabis shall be 1088 |
---|
| 1328 | + | registered with the department, and a delivery service shall not employ 1089 |
---|
| 1329 | + | more than twenty-five such delivery employees at any given time. 1090 |
---|
| 1330 | + | (h) No provision of this section shall be construed to excuse any 1091 |
---|
| 1331 | + | delivery service from the requirement that such delivery service enter 1092 |
---|
| 1332 | + | into a labor peace agreement with a bona fide labor organization under 1093 |
---|
| 1333 | + | section 21a-421d. 1094 |
---|
| 1334 | + | (i) (1) A transporter may expand the transporter's authorized 1095 |
---|
| 1335 | + | activities to include the authorized activities of a product packager if: 1096 |
---|
| 1336 | + | (A) The transporter submits to the department (i) a completed license 1097 |
---|
| 1337 | + | expansion application on a form and in a manner prescribed by the 1098 |
---|
| 1338 | + | commissioner, and (ii) the fee prescribed in subparagraph (B) of 1099 |
---|
| 1339 | + | subdivision (8) of subsection (c) of section 21a-420e, as amended by this 1100 |
---|
| 1340 | + | act; and (B) the commissioner authorizes the transporter, in writing, to 1101 |
---|
| 1341 | + | expand such transporter's authorized activities to include the 1102 |
---|
| 1342 | + | authorized activities of a product packager. 1103 |
---|
| 1343 | + | (2) A transporter that expands the transporter's authorized activities 1104 |
---|
| 1344 | + | to include the authorized activities of a product packager under this 1105 |
---|
| 1345 | + | subsection shall comply with all provisions of this chapter, and all 1106 |
---|
| 1346 | + | regulations, policies and procedures prescribed pursuant to this 1107 |
---|
| 1347 | + | chapter, concerning product packagers. In the event of a conflict 1108 |
---|
| 1348 | + | between any provision of this chapter, or any regulation, policy or 1109 |
---|
| 1349 | + | procedure prescribed pursuant to this chapter, concerning transporters 1110 |
---|
| 1350 | + | Raised Bill No. 7178 |
---|
1311 | | - | following is substituted in lieu thereof (Effective July 1, 2025): 1147 |
---|
1312 | | - | (a) As used in this section, "municipality" means any town, city or 1148 |
---|
1313 | | - | borough, consolidated town and city or consolidated town and 1149 |
---|
1314 | | - | borough, and a district establishing a zoning commission under section 1150 |
---|
1315 | | - | 7-326. 1151 |
---|
1316 | | - | (b) Any municipality may, by amendment to such municipality's 1152 |
---|
1317 | | - | zoning regulations or by local ordinance, (1) prohibit the establishment 1153 |
---|
1318 | | - | of a cannabis establishment, (2) except as provided in subsection (f) of 1154 |
---|
1319 | | - | this section, establish reasonable restrictions regarding the hours and 1155 |
---|
1320 | | - | signage within the limits of such municipality, or (3) establish 1156 |
---|
1321 | | - | restrictions on the proximity of cannabis establishments to any of the 1157 |
---|
1322 | | - | establishments listed in subdivision (1) of subsection (a) of section 30-1158 |
---|
1323 | | - | 46. The chief zoning official of a municipality shall report, in writing, 1159 |
---|
1324 | | - | any zoning changes adopted by the municipality regarding cannabis 1160 |
---|
1325 | | - | establishments pursuant to this subsection to the Secretary of the Office 1161 |
---|
1326 | | - | of Policy and Management and to the department not later than 1162 |
---|
1327 | | - | fourteen days after the adoption of such changes. 1163 |
---|
1328 | | - | (c) Unless otherwise provided for by a municipality through its 1164 |
---|
1329 | | - | zoning regulations or ordinances, a cannabis establishment shall be 1165 |
---|
1330 | | - | zoned as if for any other similar use, other than a cannabis 1166 |
---|
1331 | | - | establishment, would be zoned. 1167 |
---|
1332 | | - | (d) Any restriction regarding hours, zoning and signage of a cannabis 1168 |
---|
1333 | | - | establishment adopted by a municipality shall not apply to an existing 1169 |
---|
1334 | | - | cannabis establishment located in such municipality if such cannabis 1170 |
---|
1335 | | - | establishment does not convert to a different license type, for a period 1171 |
---|
1336 | | - | of five years after the adoption of such prohibition or restriction. 1172 |
---|
1337 | | - | (e) For purposes of ensuring compliance with this section, a special 1173 |
---|
1338 | | - | permit or other affirmative approval shall be required for any retailer or 1174 |
---|
1339 | | - | micro-cultivator seeking to be located within a municipality. When 1175 |
---|
1340 | | - | awarding final licenses for a retailer or micro-cultivator, the Department 1176 |
---|
1341 | | - | of Consumer Protection may assume that, if an applicant for such final 1177 |
---|
1342 | | - | license has obtained zoning approval, the approval of a final license for 1178 Substitute Bill No. 7178 |
---|
| 1354 | + | LCO No. 5810 38 of 50 |
---|
| 1355 | + | |
---|
| 1356 | + | and any such provision, regulation, policy or procedure concerning 1111 |
---|
| 1357 | + | product packagers, the provision, regulation, policy or procedure 1112 |
---|
| 1358 | + | imposing the more stringent public health and safety standard shall 1113 |
---|
| 1359 | + | prevail. 1114 |
---|
| 1360 | + | Sec. 21. Section 21a-422f of the general statutes is repealed and the 1115 |
---|
| 1361 | + | following is substituted in lieu thereof (Effective July 1, 2025): 1116 |
---|
| 1362 | + | (a) As used in this section, "municipality" means any town, city or 1117 |
---|
| 1363 | + | borough, consolidated town and city or consolidated town and 1118 |
---|
| 1364 | + | borough, and a district establishing a zoning commission under section 1119 |
---|
| 1365 | + | 7-326. 1120 |
---|
| 1366 | + | (b) Any municipality may, by amendment to such municipality's 1121 |
---|
| 1367 | + | zoning regulations or by local ordinance, (1) prohibit the establishment 1122 |
---|
| 1368 | + | of a cannabis establishment, (2) except as provided in subsection (f) of 1123 |
---|
| 1369 | + | this section, establish reasonable restrictions regarding the hours and 1124 |
---|
| 1370 | + | signage within the limits of such municipality, or (3) establish 1125 |
---|
| 1371 | + | restrictions on the proximity of cannabis establishments to any of the 1126 |
---|
| 1372 | + | establishments listed in subdivision (1) of subsection (a) of section 30-1127 |
---|
| 1373 | + | 46. The chief zoning official of a municipality shall report, in writing, 1128 |
---|
| 1374 | + | any zoning changes adopted by the municipality regarding cannabis 1129 |
---|
| 1375 | + | establishments pursuant to this subsection to the Secretary of the Office 1130 |
---|
| 1376 | + | of Policy and Management and to the department not later than 1131 |
---|
| 1377 | + | fourteen days after the adoption of such changes. 1132 |
---|
| 1378 | + | (c) Unless otherwise provided for by a municipality through its 1133 |
---|
| 1379 | + | zoning regulations or ordinances, a cannabis establishment shall be 1134 |
---|
| 1380 | + | zoned as if for any other similar use, other than a cannabis 1135 |
---|
| 1381 | + | establishment, would be zoned. 1136 |
---|
| 1382 | + | (d) Any restriction regarding hours, zoning and signage of a cannabis 1137 |
---|
| 1383 | + | establishment adopted by a municipality shall not apply to an existing 1138 |
---|
| 1384 | + | cannabis establishment located in such municipality if such cannabis 1139 |
---|
| 1385 | + | establishment does not convert to a different license type, for a period 1140 |
---|
| 1386 | + | of five years after the adoption of such prohibition or restriction. 1141 |
---|
| 1387 | + | Raised Bill No. 7178 |
---|
1347 | | - | such applicant shall not result in a violation of this section or any 1179 |
---|
1348 | | - | municipal restrictions on the number or density of cannabis 1180 |
---|
1349 | | - | establishments. 1181 |
---|
1350 | | - | (f) No retailer or hybrid retailer shall engage in any direct or indirect 1182 |
---|
1351 | | - | retail sale of cannabis (1) on Sunday before ten o'clock a.m. or after six 1183 |
---|
1352 | | - | o'clock p.m., or (2) on any day other than Sunday before eight o'clock 1184 |
---|
1353 | | - | a.m. or after ten o'clock p.m. 1185 |
---|
1354 | | - | Sec. 18. Subsection (e) of section 21a-425a of the general statutes is 1186 |
---|
1355 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, 1187 |
---|
1356 | | - | 2025): 1188 |
---|
1357 | | - | (e) (1) [Beginning on October 1, 2024, no] No infused beverage that is 1189 |
---|
1358 | | - | sold or offered for sale in this state shall include (A) any additive that (i) 1190 |
---|
1359 | | - | is psychotropic, or (ii) could increase the potency, toxicity or addictive 1191 |
---|
1360 | | - | properties of the infused beverage, including, but not limited to, caffeine 1192 |
---|
1361 | | - | other than caffeine naturally occurring in chocolate, or (B) total THC that 1193 |
---|
1362 | | - | exceeds three milligrams per container. 1194 |
---|
1363 | | - | (2) (A) [Beginning on October 1, 2024, each] Each lot of an infused 1195 |
---|
1364 | | - | beverage in final form shall be tested by a cannabis testing laboratory. 1196 |
---|
1365 | | - | A statistically significant number of samples shall be collected from such 1197 |
---|
1366 | | - | lot and submitted to the cannabis testing laboratory for final product 1198 |
---|
1367 | | - | testing in a manner approved by the Department of Consumer 1199 |
---|
1368 | | - | Protection. Such sampling and final product testing shall be conducted 1200 |
---|
1369 | | - | by using a representative sample of such lot and by collecting a 1201 |
---|
1370 | | - | minimum number of sample increments relative to the size of such lot. 1202 |
---|
1371 | | - | (B) [Beginning on October 1, 2024, no] No infused beverage shall be 1203 |
---|
1372 | | - | sold or offered for sale in this state unless the infused beverage meets (i) 1204 |
---|
1373 | | - | the laboratory testing standards for cannabis established in, and any 1205 |
---|
1374 | | - | regulations, policies and procedures adopted or issued pursuant to, 1206 |
---|
1375 | | - | section 21a-421j, as amended by this act, or (ii) such other testing 1207 |
---|
1376 | | - | standards as may be approved by the Department of Consumer 1208 |
---|
1377 | | - | Protection and posted on the department's Internet web site. 1209 Substitute Bill No. 7178 |
---|
| 1391 | + | LCO No. 5810 39 of 50 |
---|
| 1392 | + | |
---|
| 1393 | + | (e) For purposes of ensuring compliance with this section, a special 1142 |
---|
| 1394 | + | permit or other affirmative approval shall be required for any retailer or 1143 |
---|
| 1395 | + | micro-cultivator seeking to be located within a municipality. When 1144 |
---|
| 1396 | + | awarding final licenses for a retailer or micro-cultivator, the Department 1145 |
---|
| 1397 | + | of Consumer Protection may assume that, if an applicant for such final 1146 |
---|
| 1398 | + | license has obtained zoning approval, the approval of a final license for 1147 |
---|
| 1399 | + | such applicant shall not result in a violation of this section or any 1148 |
---|
| 1400 | + | municipal restrictions on the number or density of cannabis 1149 |
---|
| 1401 | + | establishments. 1150 |
---|
| 1402 | + | (f) No retailer or hybrid retailer shall engage in any direct or indirect 1151 |
---|
| 1403 | + | retail sale of cannabis (1) on Sunday before ten o'clock a.m. or after six 1152 |
---|
| 1404 | + | o'clock p.m., or (2) on any day other than Sunday before eight o'clock 1153 |
---|
| 1405 | + | a.m. or after ten o'clock p.m. 1154 |
---|
| 1406 | + | Sec. 22. Subsection (e) of section 21a-425a of the general statutes is 1155 |
---|
| 1407 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 1156 |
---|
| 1408 | + | 2025): 1157 |
---|
| 1409 | + | (e) (1) [Beginning on October 1, 2024, no] No infused beverage that is 1158 |
---|
| 1410 | + | sold or offered for sale in this state shall include (A) any additive that (i) 1159 |
---|
| 1411 | + | is psychotropic, or (ii) could increase the potency, toxicity or addictive 1160 |
---|
| 1412 | + | properties of the infused beverage, including, but not limited to, caffeine 1161 |
---|
| 1413 | + | other than caffeine naturally occurring in chocolate, or (B) total THC that 1162 |
---|
| 1414 | + | exceeds three milligrams per container. 1163 |
---|
| 1415 | + | (2) (A) [Beginning on October 1, 2024, each] Each lot of an infused 1164 |
---|
| 1416 | + | beverage in final form shall be tested by a cannabis testing laboratory. 1165 |
---|
| 1417 | + | A statistically significant number of samples shall be collected from such 1166 |
---|
| 1418 | + | lot and submitted to the cannabis testing laboratory for final product 1167 |
---|
| 1419 | + | testing in a manner approved by the Department of Consumer 1168 |
---|
| 1420 | + | Protection. Such sampling and final product testing shall be conducted 1169 |
---|
| 1421 | + | by using a representative sample of such lot and by collecting a 1170 |
---|
| 1422 | + | minimum number of sample increments relative to the size of such lot. 1171 |
---|
| 1423 | + | (B) [Beginning on October 1, 2024, no] No infused beverage shall be 1172 |
---|
| 1424 | + | Raised Bill No. 7178 |
---|
1382 | | - | (3) [Beginning on October 1, 2024, no] No infused beverage sold or 1210 |
---|
1383 | | - | offered for sale in this state shall be packaged, labeled or advertised in 1211 |
---|
1384 | | - | any manner that is likely to mislead an individual by incorporating any 1212 |
---|
1385 | | - | statement, brand, design, representation, picture, illustration or other 1213 |
---|
1386 | | - | depiction that: 1214 |
---|
1387 | | - | (A) Bears a reasonable resemblance to trademarked or characteristic 1215 |
---|
1388 | | - | packaging of (i) cannabis offered for sale (I) in this state by a cannabis 1216 |
---|
1389 | | - | establishment licensed in this state, or (II) on tribal land by a tribal-1217 |
---|
1390 | | - | credentialed cannabis entity, or (ii) a commercially available product 1218 |
---|
1391 | | - | other than a cannabis product; or 1219 |
---|
1392 | | - | (B) Appeals to individuals who are younger than twenty-one years of 1220 |
---|
1393 | | - | age by, among other things, (i) making use of any spokesperson or 1221 |
---|
1394 | | - | celebrity who appeals to such individuals, (ii) depicting any individual 1222 |
---|
1395 | | - | who is younger than twenty-five years of age consuming cannabis or an 1223 |
---|
1396 | | - | infused beverage, (iii) including any object, such as a toy, character or 1224 |
---|
1397 | | - | cartoon character, which suggests the presence of any individual who is 1225 |
---|
1398 | | - | younger than twenty-one years of age, or (iv) making use of any other 1226 |
---|
1399 | | - | method that is designed to appeal to any individual who is younger 1227 |
---|
1400 | | - | than twenty-one years of age. 1228 |
---|
1401 | | - | (4) [Beginning on October 1, 2024, each] Each infused beverage 1229 |
---|
1402 | | - | container sold or offered for sale in this state shall prominently display 1230 |
---|
1403 | | - | (A) a symbol [, in a size of not less than one-half inch by one-half inch 1231 |
---|
1404 | | - | and in a format approved by the Commissioner of Consumer Protection, 1232 |
---|
1405 | | - | that indicates] in accordance with American Society of Testing and 1233 |
---|
1406 | | - | Materials or "ASTM" standard D8441/D8441M-22, and (B) a label 1234 |
---|
1407 | | - | indicating that such infused beverage is not legal or safe for individuals 1235 |
---|
1408 | | - | younger than twenty-one years of age. 1236 |
---|
1409 | | - | Sec. 19. Subsections (a) to (c), inclusive, of section 12-287 of the 1237 |
---|
1410 | | - | general statutes are repealed and the following is substituted in lieu 1238 |
---|
1411 | | - | thereof (Effective July 1, 2025): 1239 |
---|
1412 | | - | (a) Each person engaging in, or intending to engage in, the business 1240 |
---|
1413 | | - | of selling cigarettes in this state as a dealer, and each person engaging 1241 Substitute Bill No. 7178 |
---|
| 1428 | + | LCO No. 5810 40 of 50 |
---|
| 1429 | + | |
---|
| 1430 | + | sold or offered for sale in this state unless the infused beverage meets (i) 1173 |
---|
| 1431 | + | the laboratory testing standards for cannabis established in, and any 1174 |
---|
| 1432 | + | regulations, policies and procedures adopted or issued pursuant to, 1175 |
---|
| 1433 | + | section 21a-421j, as amended by this act, or (ii) such other testing 1176 |
---|
| 1434 | + | standards as may be approved by the Department of Consumer 1177 |
---|
| 1435 | + | Protection and posted on the department's Internet web site. 1178 |
---|
| 1436 | + | (3) [Beginning on October 1, 2024, no] No infused beverage sold or 1179 |
---|
| 1437 | + | offered for sale in this state shall be packaged, labeled or advertised in 1180 |
---|
| 1438 | + | any manner that is likely to mislead an individual by incorporating any 1181 |
---|
| 1439 | + | statement, brand, design, representation, picture, illustration or other 1182 |
---|
| 1440 | + | depiction that: 1183 |
---|
| 1441 | + | (A) Bears a reasonable resemblance to trademarked or characteristic 1184 |
---|
| 1442 | + | packaging of (i) cannabis offered for sale (I) in this state by a cannabis 1185 |
---|
| 1443 | + | establishment licensed in this state, or (II) on tribal land by a tribal-1186 |
---|
| 1444 | + | credentialed cannabis entity, or (ii) a commercially available product 1187 |
---|
| 1445 | + | other than a cannabis product; or 1188 |
---|
| 1446 | + | (B) Appeals to individuals who are younger than twenty-one years of 1189 |
---|
| 1447 | + | age by, among other things, (i) making use of any spokesperson or 1190 |
---|
| 1448 | + | celebrity who appeals to such individuals, (ii) depicting any individual 1191 |
---|
| 1449 | + | who is younger than twenty-five years of age consuming cannabis or an 1192 |
---|
| 1450 | + | infused beverage, (iii) including any object, such as a toy, character or 1193 |
---|
| 1451 | + | cartoon character, which suggests the presence of any individual who is 1194 |
---|
| 1452 | + | younger than twenty-one years of age, or (iv) making use of any other 1195 |
---|
| 1453 | + | method that is designed to appeal to any individual who is younger 1196 |
---|
| 1454 | + | than twenty-one years of age. 1197 |
---|
| 1455 | + | (4) [Beginning on October 1, 2024, each] Each infused beverage 1198 |
---|
| 1456 | + | container sold or offered for sale in this state shall prominently display 1199 |
---|
| 1457 | + | (A) a symbol [, in a size of not less than one-half inch by one-half inch 1200 |
---|
| 1458 | + | and in a format approved by the Commissioner of Consumer Protection, 1201 |
---|
| 1459 | + | that indicates] in accordance with American Society of Testing and 1202 |
---|
| 1460 | + | Materials or "ASTM" standard D8441/D8441M-22, and (B) a label 1203 |
---|
| 1461 | + | Raised Bill No. 7178 |
---|
1418 | | - | in or intending to engage in, the business of selling taxed tobacco 1242 |
---|
1419 | | - | products at retail, shall secure a dealer's license from the Commissioner 1243 |
---|
1420 | | - | of Revenue Services before engaging in such business or continuing to 1244 |
---|
1421 | | - | engage therein. The department shall not issue an initial license to an 1245 |
---|
1422 | | - | applicant until such applicant has complied with the provisions of 1246 |
---|
1423 | | - | subsection (b) of this section. Subject to the provisions of section 12-286, 1247 |
---|
1424 | | - | such license shall be renewable annually, provided that prior to renewal 1248 |
---|
1425 | | - | the commissioner shall consider and respond to any comments received 1249 |
---|
1426 | | - | pursuant to section 12-287a, as amended by this act. 1250 |
---|
1427 | | - | (b) (1) Upon filing an application, an applicant shall, in a form and 1251 |
---|
1428 | | - | manner prescribed by the department, give notice of such application to 1252 |
---|
1429 | | - | the clerk of the municipality where the business is to be located. Such 1253 |
---|
1430 | | - | notice shall contain the name and residential address of the applicant 1254 |
---|
1431 | | - | and the location of the place of business for which such license is to be 1255 |
---|
1432 | | - | issued. Upon receipt of such notice, the clerk shall post and maintain 1256 |
---|
1433 | | - | such notice on the Internet web site of the municipality for at least two 1257 |
---|
1434 | | - | weeks. 1258 |
---|
1435 | | - | (2) Not later than the day following the date an applicant provides 1259 |
---|
1436 | | - | notice pursuant to subdivision (1) of this subsection, the applicant shall 1260 |
---|
1437 | | - | affix a copy of such notice, which shall be maintained in a legible 1261 |
---|
1438 | | - | condition, upon the outer door of the building wherein such place of 1262 |
---|
1439 | | - | business is to be located. If an application is filed for a license for a 1263 |
---|
1440 | | - | building that has not yet been constructed, the applicant shall, not later 1264 |
---|
1441 | | - | than the day following the date an applicant provides notice pursuant 1265 |
---|
1442 | | - | to subdivision (1) of this subsection, erect and maintain in a legible 1266 |
---|
1443 | | - | condition on the site where the business is to be located, a sign that (A) 1267 |
---|
1444 | | - | is not less than six feet by four feet, (B) contains the license applied for 1268 |
---|
1445 | | - | and the name of the proposed licensee, and (C) is clearly visible from 1269 |
---|
1446 | | - | the public highway. 1270 |
---|
1447 | | - | (3) An applicant shall make a return to the department, under oath, 1271 |
---|
1448 | | - | of compliance with the requirements of subdivisions (1) and (2) of this 1272 |
---|
1449 | | - | subsection, in such form as the department may require. The 1273 |
---|
1450 | | - | department may require additional proof of compliance. Upon receipt 1274 Substitute Bill No. 7178 |
---|
| 1465 | + | LCO No. 5810 41 of 50 |
---|
| 1466 | + | |
---|
| 1467 | + | indicating that such infused beverage is not legal or safe for individuals 1204 |
---|
| 1468 | + | younger than twenty-one years of age. 1205 |
---|
| 1469 | + | Sec. 23. Section 12-287 of the general statutes is repealed and the 1206 |
---|
| 1470 | + | following is substituted in lieu thereof (Effective July 1, 2025): 1207 |
---|
| 1471 | + | (a) Each person engaging in, or intending to engage in, the business 1208 |
---|
| 1472 | + | of selling cigarettes in this state as a dealer, and each person engaging 1209 |
---|
| 1473 | + | in or intending to engage in, the business of selling taxed tobacco 1210 |
---|
| 1474 | + | products at retail, shall secure a dealer's license from the Commissioner 1211 |
---|
| 1475 | + | of Revenue Services before engaging in such business or continuing to 1212 |
---|
| 1476 | + | engage therein. The department shall not issue an initial license to an 1213 |
---|
| 1477 | + | applicant until such applicant has complied with the provisions of 1214 |
---|
| 1478 | + | subsection (b) of this section. Subject to the provisions of section 12-286, 1215 |
---|
| 1479 | + | such license shall be renewable annually, provided that prior to renewal 1216 |
---|
| 1480 | + | the commissioner shall consider and respond to any comments received 1217 |
---|
| 1481 | + | pursuant to section 12-287a, as amended by this act. 1218 |
---|
| 1482 | + | (b) (1) Upon filing an application, an applicant shall, in a form and 1219 |
---|
| 1483 | + | manner prescribed by the department, give notice of such application to 1220 |
---|
| 1484 | + | the clerk of the municipality where the business is to be located. Such 1221 |
---|
| 1485 | + | notice shall contain the name and residential address of the applicant 1222 |
---|
| 1486 | + | and the location of the place of business for which such license is to be 1223 |
---|
| 1487 | + | issued. Upon receipt of such notice, the clerk shall post and maintain 1224 |
---|
| 1488 | + | such notice on the Internet web site of the municipality for at least two 1225 |
---|
| 1489 | + | weeks. 1226 |
---|
| 1490 | + | (2) Not later than the day following the date an applicant provides 1227 |
---|
| 1491 | + | notice pursuant to subdivision (1) of this subsection, the applicant shall 1228 |
---|
| 1492 | + | affix a copy of such notice, which shall be maintained in a legible 1229 |
---|
| 1493 | + | condition, upon the outer door of the building wherein such place of 1230 |
---|
| 1494 | + | business is to be located. If an application is filed for a license for a 1231 |
---|
| 1495 | + | building that has not yet been constructed, the applicant shall, not later 1232 |
---|
| 1496 | + | than the day following the date an applicant provides notice pursuant 1233 |
---|
| 1497 | + | to subdivision (1) of this subsection, erect and maintain in a legible 1234 |
---|
| 1498 | + | Raised Bill No. 7178 |
---|
1455 | | - | of sufficient evidence of such compliance, the department [may] shall 1275 |
---|
1456 | | - | hold a hearing as to the suitability of the proposed location. 1276 |
---|
1457 | | - | (c) (1) Any ten persons who are at least eighteen years of age and who 1277 |
---|
1458 | | - | are residents of the town in which the place of business is intended to 1278 |
---|
1459 | | - | be operated under the license or renewal applied for, may file with the 1279 |
---|
1460 | | - | department, not later than three weeks after the last date of the posting 1280 |
---|
1461 | | - | of notice pursuant to subdivision (1) of subsection (b) of this section for 1281 |
---|
1462 | | - | an initial license, and, in the case of renewal of an existing license, at 1282 |
---|
1463 | | - | least twenty-one days before the renewal date of such license, a 1283 |
---|
1464 | | - | remonstrance containing any objection to the suitability of such 1284 |
---|
1465 | | - | applicant or proposed place of business. [, provided any such issue is 1285 |
---|
1466 | | - | not controlled by local zoning.] Upon the filing of such remonstrance, 1286 |
---|
1467 | | - | the department, upon written application, shall hold a hearing and 1287 |
---|
1468 | | - | provide such notice as it deems reasonable of the time and place at least 1288 |
---|
1469 | | - | five days before such hearing. The remonstrants shall designate one or 1289 |
---|
1470 | | - | more agents for service, who shall serve as the recipient or recipients of 1290 |
---|
1471 | | - | all notices issued by the department. At any time prior to the issuance 1291 |
---|
1472 | | - | of a decision by the department, a remonstrance may be withdrawn by 1292 |
---|
1473 | | - | the remonstrants or by such agent or agents acting on behalf of such 1293 |
---|
1474 | | - | remonstrants and the department may cancel the hearing or withdraw 1294 |
---|
1475 | | - | the case. The decision of the department on such application shall be 1295 |
---|
1476 | | - | final with respect to the remonstrance. 1296 |
---|
1477 | | - | (2) Any ten persons who have filed a remonstrance pursuant to the 1297 |
---|
1478 | | - | provisions of subdivision (1) of this subsection and who are aggrieved 1298 |
---|
1479 | | - | by the granting of a license by the department may appeal therefrom in 1299 |
---|
1480 | | - | accordance with section 4-183. 1300 |
---|
1481 | | - | Sec. 20. Section 12-287a of the general statutes is repealed and the 1301 |
---|
1482 | | - | following is substituted in lieu thereof (Effective July 1, 2025): 1302 |
---|
1483 | | - | A municipality may adopt an ordinance requiring that each person 1303 |
---|
1484 | | - | who files an application to renew a license pursuant to section 12-287, 1304 |
---|
1485 | | - | as amended by this act, shall simultaneously give written notice of such 1305 |
---|
1486 | | - | renewal application to the chief law enforcement official, or such chief 1306 Substitute Bill No. 7178 |
---|
| 1502 | + | LCO No. 5810 42 of 50 |
---|
| 1503 | + | |
---|
| 1504 | + | condition on the site where the business is to be located, a sign that (A) 1235 |
---|
| 1505 | + | is not less than six feet by four feet, (B) contains the license applied for 1236 |
---|
| 1506 | + | and the name of the proposed licensee, and (C) is clearly visible from 1237 |
---|
| 1507 | + | the public highway. 1238 |
---|
| 1508 | + | (3) An applicant shall make a return to the department, under oath, 1239 |
---|
| 1509 | + | of compliance with the requirements of subdivisions (1) and (2) of this 1240 |
---|
| 1510 | + | subsection, in such form as the department may require. The 1241 |
---|
| 1511 | + | department may require additional proof of compliance. Upon receipt 1242 |
---|
| 1512 | + | of sufficient evidence of such compliance, the department [may] shall 1243 |
---|
| 1513 | + | hold a hearing as to the suitability of the proposed location. 1244 |
---|
| 1514 | + | (c) (1) Any ten persons who are at least eighteen years of age and who 1245 |
---|
| 1515 | + | are residents of the town in which the place of business is intended to 1246 |
---|
| 1516 | + | be operated under the license or renewal applied for, may file with the 1247 |
---|
| 1517 | + | department, not later than three weeks after the last date of the posting 1248 |
---|
| 1518 | + | of notice pursuant to subdivision (1) of subsection (b) of this section for 1249 |
---|
| 1519 | + | an initial license, and, in the case of renewal of an existing license, at 1250 |
---|
| 1520 | + | least twenty-one days before the renewal date of such license, a 1251 |
---|
| 1521 | + | remonstrance containing any objection to the suitability of such 1252 |
---|
| 1522 | + | applicant or proposed place of business. [, provided any such issue is 1253 |
---|
| 1523 | + | not controlled by local zoning.] Upon the filing of such remonstrance, 1254 |
---|
| 1524 | + | the department, upon written application, shall hold a hearing and 1255 |
---|
| 1525 | + | provide such notice as it deems reasonable of the time and place at least 1256 |
---|
| 1526 | + | five days before such hearing. The remonstrants shall designate one or 1257 |
---|
| 1527 | + | more agents for service, who shall serve as the recipient or recipients of 1258 |
---|
| 1528 | + | all notices issued by the department. At any time prior to the issuance 1259 |
---|
| 1529 | + | of a decision by the department, a remonstrance may be withdrawn by 1260 |
---|
| 1530 | + | the remonstrants or by such agent or agents acting on behalf of such 1261 |
---|
| 1531 | + | remonstrants and the department may cancel the hearing or withdraw 1262 |
---|
| 1532 | + | the case. The decision of the department on such application shall be 1263 |
---|
| 1533 | + | final with respect to the remonstrance. 1264 |
---|
| 1534 | + | (2) Any ten persons who have filed a remonstrance pursuant to the 1265 |
---|
| 1535 | + | provisions of subdivision (1) of this subsection and who are aggrieved 1266 |
---|
| 1536 | + | Raised Bill No. 7178 |
---|
1491 | | - | law enforcement official's designee, of the town in which any place of 1307 |
---|
1492 | | - | business to be operated under such license is located. Such chief law 1308 |
---|
1493 | | - | enforcement official, or such chief law enforcement official's designee, 1309 |
---|
1494 | | - | [may] shall respond in writing, not later than fifteen days after receipt 1310 |
---|
1495 | | - | of such notice, to the Commissioner of Revenue Services, with 1311 |
---|
1496 | | - | comments regarding the renewal application that is the subject of such 1312 |
---|
1497 | | - | notice. [The] Prior to approving or denying such application, the 1313 |
---|
1498 | | - | commissioner shall (1) consider any written comments offered by such 1314 |
---|
1499 | | - | chief law enforcement official, or such chief law enforcement official's 1315 |
---|
1500 | | - | designee, [prior to approving such application] and (2) send a written 1316 |
---|
1501 | | - | response to such chief law enforcement official, or such chief law 1317 |
---|
1502 | | - | enforcement official's designee, providing a detailed response to such 1318 |
---|
1503 | | - | written comments. 1319 |
---|
1504 | | - | Sec. 21. (Effective from passage) (a) There is established a task force to 1320 |
---|
1505 | | - | study, and make recommendations concerning, the laboratory testing 1321 |
---|
1506 | | - | standards established for cannabis and cannabis products in this state. 1322 |
---|
1507 | | - | Such study shall include, but need not be limited to, an examination of 1323 |
---|
1508 | | - | (1) such standards to ensure that such standards account for the inherent 1324 |
---|
1509 | | - | heterogeneity of cannabis and cannabis products, and (2) the feasibility 1325 |
---|
1510 | | - | of (A) substituting intermediate batch testing for final form testing in 1326 |
---|
1511 | | - | accordance with best practices in the cannabis industry, (B) modifying 1327 |
---|
1512 | | - | stability testing requirements to account for anticipated variances, (C) 1328 |
---|
1513 | | - | modifying testing requirements concerning chromium and aspergillus, 1329 |
---|
1514 | | - | and (D) clarifying the state's out-of-specification policy to prohibit the 1330 |
---|
1515 | | - | unnecessary destruction of usable biomass. 1331 |
---|
1516 | | - | (b) The task force shall consist of the following members: 1332 |
---|
1517 | | - | (1) One appointed by the House chairperson of the joint standing 1333 |
---|
1518 | | - | committee of the General Assembly having cognizance of matters 1334 |
---|
1519 | | - | relating to consumer protection; 1335 |
---|
1520 | | - | (2) One appointed by the Senate chairperson of the joint standing 1336 |
---|
1521 | | - | committee of the General Assembly having cognizance of matters 1337 |
---|
1522 | | - | relating to consumer protection; 1338 Substitute Bill No. 7178 |
---|
| 1540 | + | LCO No. 5810 43 of 50 |
---|
| 1541 | + | |
---|
| 1542 | + | by the granting of a license by the department may appeal therefrom in 1267 |
---|
| 1543 | + | accordance with section 4-183. 1268 |
---|
| 1544 | + | (d) The annual fee for a dealer's license shall be two hundred dollars. 1269 |
---|
| 1545 | + | Such license shall be valid for a period beginning with the date of license 1270 |
---|
| 1546 | + | to the thirtieth day of September next succeeding the date of license 1271 |
---|
| 1547 | + | unless sooner revoked as provided in section 12-295, or unless the 1272 |
---|
| 1548 | + | person to whom it was issued discontinues business, in either of which 1273 |
---|
| 1549 | + | cases the holder of the license shall immediately return it to the 1274 |
---|
| 1550 | + | commissioner. In the event of mutilation or destruction of such license, 1275 |
---|
| 1551 | + | a duplicate copy, marked as such, shall be issued by said commissioner 1276 |
---|
| 1552 | + | upon an application accompanied by a fee of fifteen dollars. 1277 |
---|
| 1553 | + | (e) No dealer shall sell any cigarette or taxed tobacco product in this 1278 |
---|
| 1554 | + | state at retail (1) on Sunday before ten o'clock a.m. or after six o'clock 1279 |
---|
| 1555 | + | p.m., or (2) on any day other than Sunday before eight o'clock a.m. or 1280 |
---|
| 1556 | + | after ten o'clock p.m. 1281 |
---|
| 1557 | + | Sec. 24. Section 12-287a of the general statutes is repealed and the 1282 |
---|
| 1558 | + | following is substituted in lieu thereof (Effective July 1, 2025): 1283 |
---|
| 1559 | + | A municipality may adopt an ordinance requiring that each person 1284 |
---|
| 1560 | + | who files an application to renew a license pursuant to section 12-287, 1285 |
---|
| 1561 | + | as amended by this act, shall simultaneously give written notice of such 1286 |
---|
| 1562 | + | renewal application to the chief law enforcement official, or such chief 1287 |
---|
| 1563 | + | law enforcement official's designee, of the town in which any place of 1288 |
---|
| 1564 | + | business to be operated under such license is located. Such chief law 1289 |
---|
| 1565 | + | enforcement official, or such chief law enforcement official's designee, 1290 |
---|
| 1566 | + | [may] shall respond in writing, not later than fifteen days after receipt 1291 |
---|
| 1567 | + | of such notice, to the Commissioner of Revenue Services, with 1292 |
---|
| 1568 | + | comments regarding the renewal application that is the subject of such 1293 |
---|
| 1569 | + | notice. [The] Prior to approving or denying such application, the 1294 |
---|
| 1570 | + | commissioner shall (1) consider any written comments offered by such 1295 |
---|
| 1571 | + | chief law enforcement official, or such chief law enforcement official's 1296 |
---|
| 1572 | + | designee, [prior to approving such application] and (2) send a written 1297 |
---|
| 1573 | + | Raised Bill No. 7178 |
---|
1527 | | - | (3) One appointed by the House ranking member of the joint standing 1339 |
---|
1528 | | - | committee of the General Assembly having cognizance of matters 1340 |
---|
1529 | | - | relating to consumer protection; and 1341 |
---|
1530 | | - | (4) One appointed by the Senate ranking member of the joint standing 1342 |
---|
1531 | | - | committee of the General Assembly having cognizance of matters 1343 |
---|
1532 | | - | relating to consumer protection. 1344 |
---|
1533 | | - | (c) Any member of the task force appointed under subdivision (1), 1345 |
---|
1534 | | - | (2), (3) or (4) of subsection (b) of this section may be a member of the 1346 |
---|
1535 | | - | General Assembly. 1347 |
---|
1536 | | - | (d) All initial appointments to the task force shall be made not later 1348 |
---|
1537 | | - | than thirty days after the effective date of this section. Any vacancy shall 1349 |
---|
1538 | | - | be filled by the appointing authority. 1350 |
---|
1539 | | - | (e) The House and Senate chairpersons of the joint standing 1351 |
---|
1540 | | - | committee of the General Assembly having cognizance of matters 1352 |
---|
1541 | | - | relating to consumer protection shall select the chairpersons of the task 1353 |
---|
1542 | | - | force from among the members of the task force. The chairpersons of the 1354 |
---|
1543 | | - | task force shall schedule the first meeting of the task force, which shall 1355 |
---|
1544 | | - | be held not later than sixty days after the effective date of this section. 1356 |
---|
1545 | | - | (f) The administrative staff of the joint standing committee of the 1357 |
---|
1546 | | - | General Assembly having cognizance of matters relating to consumer 1358 |
---|
1547 | | - | protection shall serve as administrative staff of the task force. 1359 |
---|
1548 | | - | (g) Not later than January 15, 2026, the task force shall submit a report 1360 |
---|
1549 | | - | on its findings and recommendations to the joint standing committee of 1361 |
---|
1550 | | - | the General Assembly having cognizance of matters relating to 1362 |
---|
1551 | | - | consumer protection, in accordance with the provisions of section 11-4a 1363 |
---|
1552 | | - | of the general statutes. The task force shall terminate on the date that it 1364 |
---|
1553 | | - | submits such report or January 15, 2026, whichever is later. 1365 |
---|
| 1577 | + | LCO No. 5810 44 of 50 |
---|
| 1578 | + | |
---|
| 1579 | + | response to such chief law enforcement official, or such chief law 1298 |
---|
| 1580 | + | enforcement official's designee, providing a detailed response to such 1299 |
---|
| 1581 | + | written comments. 1300 |
---|
| 1582 | + | Sec. 25. Section 21a-415 of the general statutes is repealed and the 1301 |
---|
| 1583 | + | following is substituted in lieu thereof (Effective July 1, 2025): 1302 |
---|
| 1584 | + | (a) As used in this chapter and section 53-344: 1303 |
---|
| 1585 | + | (1) "Authorized owner" means the owner or authorized designee of a 1304 |
---|
| 1586 | + | business entity that is applying for a registration or is registered with 1305 |
---|
| 1587 | + | the Department of Consumer Protection pursuant to this chapter; 1306 |
---|
| 1588 | + | (2) "Business entity" means any corporation, limited liability 1307 |
---|
| 1589 | + | company, association, partnership, sole proprietorship, government, 1308 |
---|
| 1590 | + | governmental subdivision or agency, business trust, estate, trust or any 1309 |
---|
| 1591 | + | other legal entity; 1310 |
---|
| 1592 | + | (3) "Dealer registration" means an electronic nicotine delivery system 1311 |
---|
| 1593 | + | certificate of dealer registration issued by the Commissioner of 1312 |
---|
| 1594 | + | Consumer Protection pursuant to this section; 1313 |
---|
| 1595 | + | (4) "Manufacturer registration" means an electronic nicotine delivery 1314 |
---|
| 1596 | + | system certificate of manufacturer registration issued by the 1315 |
---|
| 1597 | + | Commissioner of Consumer Protection pursuant to section 21a-415a to 1316 |
---|
| 1598 | + | any person who mixes, compounds, repackages or resizes any nicotine-1317 |
---|
| 1599 | + | containing electronic nicotine delivery system or vapor product; 1318 |
---|
| 1600 | + | (5) "Electronic cigarette liquid" means a liquid that, when used in an 1319 |
---|
| 1601 | + | electronic nicotine delivery system or vapor product, produces a vapor 1320 |
---|
| 1602 | + | that may or may not include nicotine and is inhaled by the user of such 1321 |
---|
| 1603 | + | electronic nicotine delivery system or vapor product; 1322 |
---|
| 1604 | + | (6) "Electronic nicotine delivery system" means an electronic device 1323 |
---|
| 1605 | + | used in the delivery of nicotine or other substances to a person inhaling 1324 |
---|
| 1606 | + | from the device, and includes, but is not limited to, an electronic 1325 |
---|
| 1607 | + | cigarette, electronic cigar, electronic cigarillo, electronic pipe or 1326 |
---|
| 1608 | + | Raised Bill No. 7178 |
---|
| 1609 | + | |
---|
| 1610 | + | |
---|
| 1611 | + | |
---|
| 1612 | + | LCO No. 5810 45 of 50 |
---|
| 1613 | + | |
---|
| 1614 | + | electronic hookah and any related device and any cartridge or other 1327 |
---|
| 1615 | + | component of such device, including, but not limited to, electronic 1328 |
---|
| 1616 | + | cigarette liquid; 1329 |
---|
| 1617 | + | (7) "Vapor product" means any product that employs a heating 1330 |
---|
| 1618 | + | element, power source, electronic circuit or other electronic, chemical or 1331 |
---|
| 1619 | + | mechanical means, regardless of shape or size, to produce a vapor that 1332 |
---|
| 1620 | + | may include nicotine and is inhaled by the user of such product. "Vapor 1333 |
---|
| 1621 | + | product" does not include a medicinal or therapeutic product that is (A) 1334 |
---|
| 1622 | + | used by a licensed health care provider to treat a patient in a health care 1335 |
---|
| 1623 | + | setting, (B) used by a patient, as prescribed or directed by a licensed 1336 |
---|
| 1624 | + | health care provider in any setting, or (C) any drug or device, as defined 1337 |
---|
| 1625 | + | in the federal Food, Drug and Cosmetic Act, 21 USC 321, as amended 1338 |
---|
| 1626 | + | from time to time, any combination product, as described in said act, 21 1339 |
---|
| 1627 | + | USC 353(g), as amended from time to time, or any biological product, as 1340 |
---|
| 1628 | + | described in 42 USC 262, as amended from time to time, and 21 CFR 1341 |
---|
| 1629 | + | 600.3, as amended from time to time, authorized for sale by the United 1342 |
---|
| 1630 | + | States Food and Drug Administration; 1343 |
---|
| 1631 | + | (8) "Sale" or "sell" means an act done intentionally by any person, 1344 |
---|
| 1632 | + | whether done as principal, proprietor, agent, servant or employee, of 1345 |
---|
| 1633 | + | transferring, or offering or attempting to transfer, for consideration, 1346 |
---|
| 1634 | + | including bartering or exchanging, or offering to barter or exchange; and 1347 |
---|
| 1635 | + | (9) "Deliver" or "delivering" means an act done intentionally by any 1348 |
---|
| 1636 | + | person, whether as principal, proprietor, agent, servant or employee, of 1349 |
---|
| 1637 | + | transferring, or offering or attempting to transfer, physical possession 1350 |
---|
| 1638 | + | or control of an electronic nicotine delivery system or vapor product. 1351 |
---|
| 1639 | + | (b) No person in this state may sell, offer for sale or possess with 1352 |
---|
| 1640 | + | intent to sell an electronic nicotine delivery system or a vapor product 1353 |
---|
| 1641 | + | unless such person is employed by, an agent of or directly affiliated with 1354 |
---|
| 1642 | + | a business entity that maintains a dealer registration issued by the 1355 |
---|
| 1643 | + | Commissioner of Consumer Protection pursuant to this section. A 1356 |
---|
| 1644 | + | separate dealer registration shall be required for each place of business 1357 |
---|
| 1645 | + | Raised Bill No. 7178 |
---|
| 1646 | + | |
---|
| 1647 | + | |
---|
| 1648 | + | |
---|
| 1649 | + | LCO No. 5810 46 of 50 |
---|
| 1650 | + | |
---|
| 1651 | + | where such system or product is sold, offered for sale or possessed with 1358 |
---|
| 1652 | + | the intent to sell. A dealer registration shall allow the sale of electronic 1359 |
---|
| 1653 | + | nicotine delivery systems or vapor products at such place of business. A 1360 |
---|
| 1654 | + | holder of a dealer registration shall post such registration in a prominent 1361 |
---|
| 1655 | + | location adjacent to electronic nicotine delivery system products or 1362 |
---|
| 1656 | + | vapor products offered for sale. 1363 |
---|
| 1657 | + | (c) (1) Any applicant for a dealer registration or a renewal of a dealer 1364 |
---|
| 1658 | + | registration shall apply to the Department of Consumer Protection, in a 1365 |
---|
| 1659 | + | form and manner prescribed by the Commissioner of Consumer 1366 |
---|
| 1660 | + | Protection, which application shall include, at a minimum, the name, 1367 |
---|
| 1661 | + | address and electronic mail address of the applicant, the location of the 1368 |
---|
| 1662 | + | business entity that is to be operated under such dealer registration, the 1369 |
---|
| 1663 | + | name of an authorized owner and such authorized owner's contact 1370 |
---|
| 1664 | + | information, the name of a manager or supervisor who is or will be 1371 |
---|
| 1665 | + | physically present at the applicant's location or proposed location, and 1372 |
---|
| 1666 | + | a certification that an authorized owner or named designee of the 1373 |
---|
| 1667 | + | applicant has successfully completed the online prevention education 1374 |
---|
| 1668 | + | program administered by the Department of Mental Health and 1375 |
---|
| 1669 | + | Addiction Services pursuant to section 17a-719. The Department of 1376 |
---|
| 1670 | + | Consumer Protection: (A) May require that an applicant submit 1377 |
---|
| 1671 | + | documents sufficient to establish that state and local building, fire and 1378 |
---|
| 1672 | + | zoning requirements will be met at the location of any sale; (B) may, in 1379 |
---|
| 1673 | + | the department's discretion, conduct an investigation to determine 1380 |
---|
| 1674 | + | whether a dealer registration shall be issued to an applicant; and (C) 1381 |
---|
| 1675 | + | shall not issue a dealer registration or a renewal of a dealer registration 1382 |
---|
| 1676 | + | to an applicant unless the applicant certifies that an authorized owner 1383 |
---|
| 1677 | + | or named designee of the applicant has successfully completed the 1384 |
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| 1678 | + | online prevention education program administered by the Department 1385 |
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| 1679 | + | of Mental Health and Addiction Services pursuant to section 17a-719. 1386 |
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| 1680 | + | (2) The commissioner shall issue a dealer registration to any such 1387 |
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| 1681 | + | applicant not later than thirty days after the date of application unless 1388 |
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| 1682 | + | the commissioner finds: (A) The applicant has wilfully made a 1389 |
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| 1683 | + | materially false statement in such application or in any other application 1390 |
---|
| 1684 | + | Raised Bill No. 7178 |
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| 1685 | + | |
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| 1686 | + | |
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| 1687 | + | |
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| 1688 | + | LCO No. 5810 47 of 50 |
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| 1689 | + | |
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| 1690 | + | made to the commissioner; (B) the applicant has neglected to pay any 1391 |
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| 1691 | + | taxes due to this state; or (C) the authorized owner or named designee 1392 |
---|
| 1692 | + | of the applicant has not successfully completed the online prevention 1393 |
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| 1693 | + | education program administered by the Department of Mental Health 1394 |
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| 1694 | + | and Addiction Services pursuant to section 17a-719. 1395 |
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| 1695 | + | (3) A dealer registration issued under this section shall be renewed 1396 |
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| 1696 | + | annually and may be suspended or revoked at the discretion of the 1397 |
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| 1697 | + | Department of Consumer Protection. Any applicant or business entity 1398 |
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| 1698 | + | aggrieved by a denial of an application, refusal to renew a dealer 1399 |
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| 1699 | + | registration or suspension or revocation of a dealer registration may 1400 |
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| 1700 | + | appeal in the manner prescribed for permits under section 30-55. A 1401 |
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| 1701 | + | dealer registration shall not constitute property, nor shall it be subject to 1402 |
---|
| 1702 | + | attachment and execution, nor shall it be alienable. 1403 |
---|
| 1703 | + | (4) The applicant shall pay to the department a nonrefundable 1404 |
---|
| 1704 | + | application fee of seventy-five dollars, which fee shall be in addition to 1405 |
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| 1705 | + | the annual fee prescribed in subsection (d) of this section. An application 1406 |
---|
| 1706 | + | fee shall not be charged for an application to renew a dealer registration. 1407 |
---|
| 1707 | + | (d) The annual fee for a dealer registration shall be eight hundred 1408 |
---|
| 1708 | + | dollars, except that the annual fee shall be four hundred dollars for any 1409 |
---|
| 1709 | + | person holding a dealer registration who also holds any additional 1410 |
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| 1710 | + | dealer registrations issued by the department under this chapter. 1411 |
---|
| 1711 | + | (e) The department may renew a dealer registration issued under this 1412 |
---|
| 1712 | + | section that has expired if the applicant pays to the department any late 1413 |
---|
| 1713 | + | fee imposed by the commissioner pursuant to subsection (c) of section 1414 |
---|
| 1714 | + | 21a-4, which late fee shall be in addition to the fees prescribed in this 1415 |
---|
| 1715 | + | section for the dealer registration applied for. The provisions of this 1416 |
---|
| 1716 | + | subsection shall not apply to any dealer registration which is the subject 1417 |
---|
| 1717 | + | of administrative or court proceedings. 1418 |
---|
| 1718 | + | (f) No person that maintains a dealer registration issued by the 1419 |
---|
| 1719 | + | Commissioner of Consumer Protection pursuant to this section shall 1420 |
---|
| 1720 | + | deliver any electronic nicotine delivery system or vapor product at retail 1421 |
---|
| 1721 | + | Raised Bill No. 7178 |
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| 1722 | + | |
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| 1723 | + | |
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| 1724 | + | |
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| 1725 | + | LCO No. 5810 48 of 50 |
---|
| 1726 | + | |
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| 1727 | + | (1) on Sunday before ten o'clock a.m. or after six o'clock p.m., or (2) on 1422 |
---|
| 1728 | + | any day other than Sunday before eight o'clock a.m. or after ten o'clock 1423 |
---|
| 1729 | + | p.m. 1424 |
---|
| 1730 | + | [(f)] (g) (1) Any business entity in the state that sells, offers for sale or 1425 |
---|
| 1731 | + | possesses with intent to sell an electronic nicotine delivery system or 1426 |
---|
| 1732 | + | vapor product without a dealer registration as required under this 1427 |
---|
| 1733 | + | section, or delivers any electronic nicotine delivery system or vapor 1428 |
---|
| 1734 | + | product at retail outside of the hours established in subsection (f) of this 1429 |
---|
| 1735 | + | section, shall be fined not more than fifty dollars for each day of such 1430 |
---|
| 1736 | + | violation, except that the commissioner may waive all or any part of 1431 |
---|
| 1737 | + | such fine if it is proven to the commissioner's satisfaction that the failure 1432 |
---|
| 1738 | + | to obtain or renew such dealer registration was due to reasonable cause. 1433 |
---|
| 1739 | + | (2) Notwithstanding the provisions of subdivision (1) of this 1434 |
---|
| 1740 | + | subsection, any business entity with a dealer registration that has 1435 |
---|
| 1741 | + | expired for a period of ninety calendar days or less and that, during such 1436 |
---|
| 1742 | + | ninety-day period, sells, offers for sale or possesses with intent to sell an 1437 |
---|
| 1743 | + | electronic nicotine delivery system or vapor product shall have 1438 |
---|
| 1744 | + | committed an infraction and shall be fined ninety dollars for each day 1439 |
---|
| 1745 | + | such business entity is in violation of the provisions of this subdivision. 1440 |
---|
| 1746 | + | (3) Notwithstanding the provisions of subdivisions (1) and (2) of this 1441 |
---|
| 1747 | + | subsection, no penalty shall be imposed under this subsection for failure 1442 |
---|
| 1748 | + | to maintain a dealer registration unless the commissioner sends written 1443 |
---|
| 1749 | + | notice of any violation to the authorized owner of the business entity is 1444 |
---|
| 1750 | + | subject to a penalty under subdivision (1) or (2) of this subsection and 1445 |
---|
| 1751 | + | allows such business entity sixty days from the date such notice was 1446 |
---|
| 1752 | + | sent to cease such violation and comply with the requirements of this 1447 |
---|
| 1753 | + | section. 1448 |
---|