7 | 16 | | |
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8 | 17 | | |
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9 | 18 | | |
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10 | 19 | | AN ACT CONCERNING ENFORCEMENT OF THE STATE'S |
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11 | 20 | | CANNABIS, HEMP AND TOBACCO LAWS. |
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12 | 21 | | Be it enacted by the Senate and House of Representatives in General |
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13 | 22 | | Assembly convened: |
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14 | 23 | | |
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15 | 24 | | Section 1. Subdivision (1) of section 21a-420 of the general statutes is 1 |
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16 | 25 | | repealed and the following is substituted in lieu thereof (Effective July 1, 2 |
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17 | 26 | | 2025): 3 |
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18 | 27 | | (1) "Responsible and Equitable Regulation of Adult-Use Cannabis 4 |
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19 | 28 | | Act" or "RERACA" means this section, sections 2-56j, 7-294kk, 7-294ll, 5 |
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20 | 29 | | 12-330ll to 12-330nn, inclusive, 14-227p, 21a-278b, 21a-278c, 21a-279c, 6 |
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21 | 30 | | 21a-279d, 21a-420a to 21a-420j, inclusive, 21a-420l to 21a-421r, inclusive, 7 |
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22 | 31 | | 21a-421aa to 21a-421ff, inclusive, 21a-421aaa to 21a-421hhh, inclusive, as 8 |
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23 | 32 | | amended by this act, 21a-422 to 21a-422c, inclusive, 21a-422e to 21a-9 |
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24 | 33 | | 422g, inclusive, 21a-422j to 21a-422s, inclusive, 22-61n, 23-4b, 47a-9a, 53-10 |
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25 | 34 | | 247a, 53a-213a, 53a-213b, 54-33p, 54-56q, 54-56r, 54-125k and 54-142u, 11 |
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26 | 35 | | sections 23, 60, 63 to 65, inclusive, 124, 144 and 165 of public act 21-1 of 12 |
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27 | 36 | | the June special session, and the amendments in public act 21-1 of the 13 |
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28 | 37 | | June special session to sections 7-148, 10-221, 12-30a, 12-35b, 12-412, 12-14 |
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29 | 38 | | 650, 12-704d, 14-44k, 14-111e, 14-227a to 14-227c, inclusive, 14-227j, 15-15 |
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30 | 45 | | 140q, 15-140r, 18-100h, 19a-342, 19a-342a, 21a-267, 21a-277, 21a-279, 21a-16 |
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31 | 46 | | 279a, 21a-408 to 21a-408f, inclusive, 21a-408h to 21a-408p, inclusive, 21a-17 |
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32 | 47 | | 408r to 21a-408w, inclusive, 21a-420aa, 21a-421s, 30-89a, 31-40q, 32-39, 18 |
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33 | 48 | | 46b-120, 51-164n, 53-394, 53a-39c, 54-1m, 54-33g, 54-41b, 54-56e, 54-56g, 19 |
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39 | 50 | | act 23-79 and sections 2 to 5, inclusive, of this act; 21 |
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40 | 51 | | Sec. 2. (NEW) (Effective July 1, 2025) (a) There shall be within the 22 |
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41 | 52 | | Department of Consumer Protection a state-wide cannabis and hemp 23 |
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42 | 53 | | enforcement task force for the effective and cooperative enforcement of 24 |
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43 | 54 | | the laws of this state concerning the cultivation, manufacturing, 25 |
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44 | 55 | | distribution, transportation, display, purchase, sale, dispensing, 26 |
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45 | 56 | | possession and use of (1) cannabis and cannabis products, as such terms 27 |
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46 | 57 | | are defined in section 21a-420 of the general statutes, as amended by this 28 |
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47 | 58 | | act, (2) infused beverages, as defined in section 21a-425 of the general 29 |
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48 | 59 | | statutes, (3) hemp and hemp products, as such terms are defined in 30 |
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49 | 60 | | section 22-61l of the general statutes, and (4) moderate-THC hemp 31 |
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50 | 61 | | products, as defined in section 21a-426 of the general statutes. 32 |
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51 | 62 | | (b) The state-wide cannabis and hemp enforcement task force shall 33 |
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52 | 63 | | be authorized to conduct any investigation authorized by this section at 34 |
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53 | 64 | | any place within the state as may be deemed necessary. 35 |
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54 | 65 | | (c) The state-wide cannabis and hemp enforcement task force may 36 |
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55 | 66 | | request and receive from any federal, state or local agency cooperation 37 |
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56 | 67 | | and assistance in the performance of its duties, including, but not 38 |
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57 | 68 | | limited to, the temporary assignment of such personnel as may be 39 |
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58 | 69 | | necessary for the task force to perform its functions. 40 |
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59 | 70 | | (d) The state-wide cannabis and hemp enforcement task force may 41 |
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60 | 71 | | enter into mutual assistance and cooperation agreements with other 42 |
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61 | 72 | | states pertaining to cannabis, cannabis product, infused beverage, 43 |
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62 | 73 | | hemp, hemp product and moderate -THC hemp product law 44 |
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63 | 74 | | enforcement matters extending across state boundaries, and may 45 |
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64 | 75 | | consult and exchange information and personnel with agencies of other 46 |
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75 | 88 | | and hemp enforcement task force. 53 |
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76 | 89 | | Sec. 3. (NEW) (Effective July 1, 2025) (a) Upon request by the state-54 |
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77 | 90 | | wide cannabis and hemp enforcement task force established under 55 |
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78 | 91 | | section 2 of this act, the Commissioner of Emergency Services and Public 56 |
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79 | 92 | | Protection may from time to time select such number of police personnel 57 |
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80 | 93 | | of any municipality of the state to act temporarily as special state police 58 |
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81 | 94 | | officers to carry out the duties of the task force as the Commissioner of 59 |
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82 | 95 | | Emergency Services and Public Protection, in consultation with the task 60 |
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83 | 96 | | force, deems necessary. Such municipal police personnel shall be 61 |
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84 | 97 | | appointed from a list of municipal police personnel recommended to the 62 |
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85 | 98 | | State-Wide Cannabis and Hemp Enforcement Task Force Policy Board, 63 |
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86 | 99 | | established under section 5 of this act, by the chiefs of police of the 64 |
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87 | 100 | | municipalities and approved by the board. 65 |
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88 | 101 | | (b) Each municipality shall be responsible for fully compensating the 66 |
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89 | 102 | | municipal police personnel temporarily assigned to the state-wide 67 |
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90 | 103 | | cannabis and hemp enforcement task force, and such compensation 68 |
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91 | 104 | | shall be payable to such assigned municipal police personnel while on 69 |
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92 | 105 | | duty with the task force. 70 |
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93 | 106 | | (c) For purposes of indemnification of such municipal police 71 |
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94 | 107 | | personnel and municipalities against any losses, damages or liabilities 72 |
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95 | 108 | | arising out of the service and activities of the state-wide cannabis and 73 |
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96 | 109 | | hemp enforcement task force, municipal police personnel while 74 |
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97 | 110 | | assigned to, and performing the duties of, the task force shall be deemed 75 |
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98 | 111 | | to be acting as employees of the state. 76 |
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99 | 112 | | Sec. 4. (NEW) (Effective July 1, 2025) Any municipal police officer, 77 |
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103 | | - | and Public Protection or the director of the task force, if any, shall, when 81 |
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104 | | - | acting within the scope of his or her authority, have the same powers, 82 |
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105 | | - | duties, privileges and immunities as are conferred upon him or her as a 83 |
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106 | | - | state police officer. 84 Substitute Bill No. 7181 |
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107 | | - | |
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108 | | - | |
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109 | | - | LCO 4 of 16 |
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110 | | - | |
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| 122 | + | and Public Protection or the director of the task force, shall, when acting 81 |
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| 123 | + | within the scope of his or her authority, have the same powers, duties, 82 |
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| 124 | + | privileges and immunities as are conferred upon him or her as a state 83 |
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| 125 | + | police officer. 84 |
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111 | 126 | | Sec. 5. (NEW) (Effective July 1, 2025) (a) There shall be a State-Wide 85 |
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112 | 127 | | Cannabis and Hemp Enforcement Task Force Policy Board, within the 86 |
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113 | 128 | | Department of Consumer Protection for administrative purposes only, 87 |
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114 | 129 | | consisting of the Commissioner of Consumer Protection, the 88 |
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115 | 130 | | Commissioner of Emergency Services and Public Protection, the 89 |
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116 | 131 | | Commissioner of Revenue Services, the Attorney General and the Chief 90 |
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117 | 132 | | State's Attorney. 91 |
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118 | 133 | | (b) The policy board shall direct and supervise the formulation of 92 |
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119 | 134 | | policies and operating procedures, and coordinate the activities, of the 93 |
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120 | 135 | | state-wide cannabis and hemp enforcement task force established under 94 |
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121 | 136 | | section 2 of this act with law enforcement agencies within and without 95 |
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122 | 137 | | the state. 96 |
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123 | 138 | | (c) The policy board may apply for, and shall administer, any federal, 97 |
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124 | 139 | | state, local or private appropriations or grant funds made available for 98 |
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125 | 140 | | the operation of the task force. 99 |
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126 | 141 | | Sec. 6. Subdivision (6) of section 54-41a of the general statutes is 100 |
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127 | 142 | | repealed and the following is substituted in lieu thereof (Effective July 1, 101 |
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128 | 143 | | 2025): 102 |
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129 | 144 | | (6) "Investigative officer" means (A) any officer of the Connecticut 103 |
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130 | 145 | | state police, (B) the chief inspector or any inspector in the Division of 104 |
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131 | 146 | | Criminal Justice who is empowered by law to conduct investigations of 105 |
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132 | 147 | | or to make arrests for offenses enumerated in this chapter, (C) any 106 |
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133 | 148 | | municipal police officer who (i) has been duly sworn as a special state 107 |
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134 | 149 | | police officer under the provisions of section 29-177 or section 3 of this 108 |
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135 | 156 | | act, [and who] (ii) is currently assigned to the state-wide narcotics task 109 |
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136 | 157 | | force, [or] the state-wide organized crime investigative task force or the 110 |
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137 | 158 | | state-wide cannabis and hemp enforcement task force, and (iii) is acting 111 |
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138 | 159 | | under the direct authority of the Connecticut state police, and (D) any 112 |
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139 | 160 | | attorney authorized by law to prosecute or participate in the 113 |
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140 | 161 | | prosecution of offenses enumerated in this chapter; 114 |
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141 | 162 | | Sec. 7. Section 21a-420c of the general statutes is repealed and the 115 |
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147 | 164 | | (a) As used in this section: 117 |
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148 | 165 | | (1) "Cigarette" has the same meaning as provided in section 4-28h; 118 |
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149 | 166 | | (2) "Electronic cigarette liquid" has the same meaning as provided in 119 |
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150 | 167 | | section 21a-415, as amended by this act; 120 |
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151 | 168 | | (3) "Electronic nicotine delivery system" has the same meaning as 121 |
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152 | 169 | | provided in section 21a-415, as amended by this act; 122 |
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153 | 170 | | (4) "Immediate threat to public health and safety" includes, but is not 123 |
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154 | 171 | | limited to, the presence of (A) any cannabis or cannabis product in 124 |
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155 | 172 | | connection with a violation of this section, or (B) any cigarette, tobacco 125 |
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156 | 173 | | product, electronic cigarette liquid, electronic nicotine delivery system 126 |
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157 | 174 | | or liquid nicotine container alongside any cannabis or cannabis product; 127 |
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158 | 175 | | (5) "Liquid nicotine container" has the same meaning as provided in 128 |
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159 | 176 | | section 19a-342a; and 129 |
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160 | 177 | | (6) "Tobacco product" has the same meaning as provided in section 130 |
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161 | 178 | | 12-330a. 131 |
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162 | 179 | | [(a)] (b) Except as provided in RERACA and chapter 420b or 420f, (1) 132 |
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163 | 180 | | no person, other than a retailer, hybrid retailer, micro-cultivator or 133 |
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164 | 181 | | delivery service, or an employee thereof in the course of such 134 |
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165 | 182 | | employee's employment, may sell or offer any cannabis or cannabis 135 |
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166 | 183 | | product to a consumer, and (2) no person, other than a hybrid retailer, 136 |
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167 | 190 | | dispensary facility or a delivery service, or an employee thereof in the 137 |
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168 | 191 | | course of such employee's employment, may sell or offer any cannabis 138 |
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169 | 192 | | or cannabis product to a qualifying [patients and caregivers] patient or 139 |
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170 | 193 | | caregiver. 140 |
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171 | 194 | | [(b)] (c) No person except a delivery service, or an employee of a 141 |
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172 | 195 | | delivery service, subject to the restrictions set forth in section 21a-420z, 142 |
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173 | 196 | | acting in the course of such employee's employment may deliver any 143 |
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174 | 197 | | cannabis or cannabis product to [consumers, patients or caregivers] a 144 |
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180 | 199 | | [(c)] (d) Any violation of the provisions of this section shall be 146 |
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181 | 200 | | deemed an unfair or deceptive trade practice under subsection (a) of 147 |
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182 | 201 | | section 42-110b. 148 |
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183 | 202 | | [(d)] (e) (1) Any municipality may, by vote of its legislative body, 149 |
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184 | 203 | | prohibit the operation of any business within such municipality that is 150 |
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185 | 204 | | found to be in violation of the provisions of this section or if such 151 |
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186 | 205 | | operation poses an immediate threat to public health and safety. 152 |
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187 | 206 | | (2) If the chief executive officer of a municipality determines that a 153 |
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188 | 207 | | business within the municipality is operating in violation of the 154 |
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189 | 208 | | provisions of this section or poses an immediate threat to public health 155 |
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190 | 209 | | and safety, the chief executive officer may apply to the Superior Court 156 |
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191 | 210 | | for an order under subdivision (3) of this subsection and, upon making 157 |
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192 | 211 | | such application, submit a written copy of such application to the 158 |
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193 | 212 | | Attorney General. 159 |
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194 | 213 | | (3) Upon an application under subdivision (2) of this subsection, the 160 |
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195 | 214 | | Superior Court, upon a finding that a business within the municipality 161 |
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196 | 215 | | is operating in violation of the provisions of this section or poses an 162 |
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197 | 216 | | immediate threat to public health and safety, may issue forthwith, ex 163 |
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198 | 217 | | parte and without a hearing, an order that shall direct the chief law 164 |
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199 | 218 | | enforcement officer of the municipality to take from such business 165 |
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200 | 219 | | possession and control of any merchandise related to such violation or 166 |
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201 | 220 | | immediate threat to public health and safety, which merchandise shall 167 |
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202 | 227 | | include, but need not be limited to, (A) any cannabis or cannabis 168 |
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203 | 228 | | product, (B) any cigarette, tobacco, [or] tobacco product, electronic 169 |
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204 | 229 | | cigarette liquid, electronic nicotine delivery system or liquid nicotine 170 |
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205 | 230 | | container, (C) any merchandise related to the merchandise described in 171 |
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206 | 231 | | subparagraphs (A) and (B) of this subdivision, and (D) any proceeds 172 |
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207 | 232 | | related to the merchandise described in subparagraphs (A) to (C), 173 |
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208 | 233 | | inclusive, of this subdivision. 174 |
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209 | 234 | | (4) As used in this subsection, [(A) "cigarette" has the same meaning 175 |
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210 | 235 | | as provided in section 4-28h, (B) "immediate threat to public health and 176 |
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216 | 237 | | cannabis product in connection with a violation of this section, or (ii) 178 |
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217 | 238 | | any cigarette or tobacco product alongside any cannabis or cannabis 179 |
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218 | 239 | | product, and (C)] "operation" and "operating" mean engaging in the sale 180 |
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219 | 240 | | of, or otherwise offering for sale, goods and services to the general 181 |
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220 | 241 | | public, including, but not limited to, through indirect retail sales. 182 |
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221 | 242 | | [(e)] (f) (1) Any person who violates any provision of this section shall 183 |
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222 | 243 | | be assessed a civil penalty of thirty thousand dollars for each violation. 184 |
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223 | 244 | | Each day that such violation continues shall constitute a separate 185 |
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224 | 245 | | offense. 186 |
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225 | 246 | | (2) Any person who aids or abets any violation of the provisions of 187 |
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226 | 247 | | this section shall be assessed a civil penalty of thirty thousand dollars 188 |
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227 | 248 | | for each violation. Each day that such person aids or abets such violation 189 |
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228 | 249 | | shall constitute a separate offense. For the purposes of this subdivision, 190 |
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229 | 250 | | no person shall be deemed to have aided or abetted a violation of the 191 |
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230 | 251 | | provisions of this section unless (A) such person was the owner, officer, 192 |
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231 | 252 | | controlling shareholder or in a similar position of authority that allowed 193 |
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232 | 253 | | such person to make command or control decisions regarding the 194 |
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233 | 254 | | operations and management of another person who (i) is prohibited 195 |
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234 | 255 | | from selling or offering any cannabis or cannabis product under this 196 |
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235 | 256 | | section, and (ii) sold or offered any cannabis or cannabis product in 197 |
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236 | 257 | | violation of this section, (B) such person knew that such other person (i) 198 |
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237 | 258 | | is prohibited from selling or offering any cannabis or cannabis product 199 |
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238 | 265 | | under this section, and (ii) sold or offered any cannabis or cannabis 200 |
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239 | 266 | | product in violation of this section, (C) such person provided substantial 201 |
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240 | 267 | | assistance or encouragement in connection with the sale or offer of such 202 |
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241 | 268 | | cannabis or cannabis product in violation of this section, and (D) such 203 |
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242 | 269 | | person's conduct was a substantial factor in furthering the sale or offer 204 |
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243 | 270 | | of such cannabis or cannabis product in violation of this section. 205 |
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244 | 271 | | (3) Any person who manages or controls a commercial property, or 206 |
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245 | 272 | | who manages or controls a commercial building, room, space or 207 |
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246 | 273 | | enclosure, in such person's capacity as an owner, lessee, agent, 208 |
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247 | 274 | | employee or mortgagor, who knowingly leases, rents or makes such 209 |
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253 | 276 | | without compensation, for the purpose of any sale or offer of any 211 |
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254 | 277 | | cannabis or cannabis product in violation of this section shall be 212 |
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255 | 278 | | assessed a civil penalty of ten thousand dollars for each violation. Each 213 |
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256 | 279 | | day that such violation continues shall constitute a separate offense. 214 |
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257 | 280 | | (4) No person other than the Attorney General, upon complaint of the 215 |
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258 | 281 | | Commissioner of Consumer Protection, or a municipality in which the 216 |
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259 | 282 | | violation of this section occurred shall assess any civil penalty under this 217 |
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260 | 283 | | subsection or institute a civil action to recover any civil penalty imposed 218 |
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261 | 284 | | under this subsection. If a municipality institutes a civil action to recover 219 |
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262 | 285 | | any civil penalty imposed under this subsection, such penalty shall be 220 |
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263 | 286 | | paid [first] to the municipality. [to reimburse such municipality for the 221 |
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264 | 287 | | costs incurred in instituting such action. One-half of the remainder, if 222 |
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265 | 288 | | any, shall be payable to the treasurer of such municipality and one-half 223 |
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266 | 289 | | of such remainder shall be payable to the Treasurer and deposited in the 224 |
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267 | 290 | | General Fund.] 225 |
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268 | 291 | | [(f)] (g) Nothing in this section shall be construed to prohibit the 226 |
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269 | 292 | | imposition of any criminal penalty on any person who (1) is prohibited 227 |
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270 | 293 | | from selling or offering any cannabis or cannabis product under this 228 |
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271 | 294 | | section, and (2) sells or offers any cannabis or cannabis product in 229 |
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272 | 295 | | violation of this section. 230 |
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273 | 302 | | Sec. 8. Subdivision (1) of subsection (f) of section 21a-420p of the 231 |
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274 | 303 | | general statutes is repealed and the following is substituted in lieu 232 |
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275 | 304 | | thereof (Effective October 1, 2025): 233 |
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276 | 305 | | (f) (1) Subject to the requirements of this subsection and subsection 234 |
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277 | 306 | | [(b)] (c) of section 21a-420c, as amended by this act, a micro-cultivator 235 |
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278 | 307 | | may sell its own cannabis, including, but not limited to, its own cannabis 236 |
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279 | 308 | | seedlings, to consumers, excluding qualifying patients and caregivers, 237 |
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280 | 309 | | through a delivery service. No cannabis establishment other than a 238 |
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281 | 310 | | micro-cultivator shall sell cannabis seedlings to consumers, and no 239 |
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282 | 311 | | cannabis establishment other than a delivery service shall deliver 240 |
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283 | 312 | | cannabis seedlings sold by a micro-cultivator to consumers. 241 |
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289 | 314 | | repealed and the following is substituted in lieu thereof (Effective October 243 |
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290 | 315 | | 1, 2025): 244 |
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291 | 316 | | (d) A retailer may deliver cannabis through a delivery service or by 245 |
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292 | 317 | | utilizing its own employees, subject to the provisions of subsection [(b)] 246 |
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293 | 318 | | (c) of section 21a-420c, as amended by this act. 247 |
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294 | 319 | | Sec. 10. Subsections (d) and (e) of section 21a-420t of the general 248 |
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295 | 320 | | statutes are repealed and the following is substituted in lieu thereof 249 |
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296 | 321 | | (Effective October 1, 2025): 250 |
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297 | 322 | | (d) On and after September 1, 2021, a dispensary facility or hybrid 251 |
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298 | 323 | | retailer may apply to the department, in a form and in a manner 252 |
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299 | 324 | | prescribed by the commissioner, to provide delivery services through a 253 |
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300 | 325 | | delivery service or utilizing its own employees, subject to the provisions 254 |
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301 | 326 | | of subsection [(b)] (c) of section 21a-420c, as amended by this act, to 255 |
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302 | 327 | | qualifying patients, caregivers, research program subjects, as defined in 256 |
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303 | 328 | | section 21a-408, and hospice and other inpatient care facilities licensed 257 |
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304 | 329 | | by the Department of Public Health pursuant to chapter 368v that have 258 |
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305 | 330 | | a protocol for the handling and distribution of cannabis that has been 259 |
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306 | 331 | | approved by the Department of Consumer Protection. A dispensary 260 |
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307 | 332 | | facility or hybrid retailer may deliver cannabis or medical marijuana 261 |
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308 | 339 | | products only from its own inventory to qualifying patients and 262 |
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309 | 340 | | caregivers. If such application is approved by the commissioner, the 263 |
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310 | 341 | | dispensary facility or hybrid retailer may commence delivery services 264 |
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311 | 342 | | on and after January 1, 2022, provided the commissioner may authorize 265 |
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312 | 343 | | dispensary facilities or hybrid retailers to commence delivery services 266 |
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313 | 344 | | prior to January 1, 2022, upon forty-five days advance written notice, 267 |
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314 | 345 | | published on the department's Internet web site. 268 |
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315 | 346 | | (e) Hybrid retailers may commence delivery of cannabis directly to 269 |
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316 | 347 | | consumers as of the date the first adult use cannabis sales are permitted 270 |
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317 | 348 | | by the commissioner as set forth in subsection (f) of this section, through 271 |
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318 | 349 | | a delivery service, or utilizing their own employees, subject to the 272 |
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319 | 350 | | provisions of subsection [(b)] (c) of section 21a-420c, as amended by this 273 |
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325 | 352 | | Sec. 11. Section 12-285c of the general statutes is repealed and the 275 |
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326 | 353 | | following is substituted in lieu thereof (Effective October 1, 2025): 276 |
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327 | 354 | | (a) No person engaged in the business of selling cigarettes or tobacco 277 |
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328 | 355 | | products shall ship or transport, or cause to be shipped or transported, 278 |
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329 | 356 | | any cigarettes or tobacco products to any person in this state except to: 279 |
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330 | 357 | | (1) A cigarette distributor or dealer; (2) an export warehouse proprietor 280 |
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331 | 358 | | pursuant to Chapter 52 of the Internal Revenue Code of 1986, or any 281 |
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332 | 359 | | subsequent corresponding internal revenue code of the United States, 282 |
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333 | 360 | | as amended from time to time, or an operator of a customs bonded 283 |
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334 | 361 | | warehouse pursuant to 19 USC 1311 or 1555; or (3) a person who is an 284 |
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335 | 362 | | officer, employee or agent of the United States [Government] 285 |
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336 | 363 | | government, this state or a department, agency, instrumentality or 286 |
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337 | 364 | | political subdivision of the United States or of this state, when such 287 |
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338 | 365 | | person is acting in accordance with such person's official duties. 288 |
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339 | 366 | | Notwithstanding the provisions of section 12-15, the Commissioner of 289 |
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340 | 367 | | Revenue Services shall publish on the Internet web site of the 290 |
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341 | 368 | | Department of Revenue Services a list of every cigarette distributor or 291 |
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342 | 369 | | dealer. As used in this subsection, "cigarette distributor or dealer" means 292 |
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343 | 370 | | a person licensed as a cigarette distributor under section 12-288 or 293 |
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344 | 377 | | licensed as a dealer under section 12-287 or a person whose name 294 |
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345 | 378 | | appears on a list of licensed distributors and dealers published by the 295 |
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346 | 379 | | Commissioner of Revenue Services. 296 |
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347 | 380 | | (b) No common or contract carrier shall knowingly transport 297 |
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348 | 381 | | cigarettes or tobacco products to a residential dwelling or to any person 298 |
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349 | 382 | | in this state who the common or contract carrier reasonably believes is 299 |
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350 | 383 | | not a person described in subdivisions (1) to (3), inclusive, of subsection 300 |
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351 | 384 | | (a) of this section. No person other than a common or contract carrier 301 |
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352 | 385 | | shall knowingly transport cigarettes or tobacco products to any person 302 |
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353 | 386 | | in this state who is not a person described in subdivisions (1) to (3), 303 |
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354 | 387 | | inclusive, of subsection (a) of this section. 304 |
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355 | 388 | | (c) When a person engaged in the business of selling cigarettes or 305 |
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356 | 389 | | tobacco products ships or transports, or causes to be shipped or 306 |
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362 | 391 | | in this state, other than in the cigarette or tobacco product 308 |
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363 | 392 | | manufacturer's original container or wrapping, the container or 309 |
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364 | 393 | | wrapping shall be plainly and visibly marked with the word "cigarettes" 310 |
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365 | 394 | | or the words "tobacco products", as applicable. Any person engaged in 311 |
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366 | 395 | | the business of selling cigarettes or tobacco products who ships or 312 |
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367 | 396 | | causes to be shipped any cigarettes or tobacco products to any described 313 |
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368 | 397 | | person in this state (1) shall require, as a condition of delivery, the 314 |
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369 | 398 | | customer who is receiving the cigarettes or tobacco products to sign an 315 |
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370 | 399 | | acknowledgment of receipt and provide proper proof of age, and (2) 316 |
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371 | 400 | | may not sell such cigarettes or tobacco products to such customer unless 317 |
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372 | 401 | | such proof of age is provided. For purposes of this subsection, 318 |
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373 | 402 | | "described person" means a person described in subdivisions (1) to (3), 319 |
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374 | 403 | | inclusive, of subsection (a) of this section. 320 |
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375 | 404 | | (d) Whenever any cigarettes or tobacco products have been or are 321 |
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376 | 405 | | being shipped or transported in violation of this section, such cigarettes 322 |
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377 | 406 | | or tobacco products are declared to be contraband goods and the 323 |
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378 | 407 | | confiscation, search and forfeiture provisions of section 12-305 shall 324 |
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379 | 408 | | apply. 325 |
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380 | 415 | | (e) Any person who violates the provisions of this section shall be 326 |
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381 | 416 | | guilty of a class A misdemeanor and, for a second or subsequent 327 |
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382 | 417 | | violation, shall be guilty of a class C felony. 328 |
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383 | 418 | | (f) The Commissioner of Revenue Services may impose a civil penalty 329 |
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384 | 419 | | of not more than ten thousand dollars for each violation of this section. 330 |
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385 | 420 | | For purposes of this subsection, each shipment or transport of cigarettes 331 |
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386 | 421 | | or tobacco products shall constitute a separate violation. The Attorney 332 |
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387 | 422 | | General, upon request of the commissioner, may bring an action in the 333 |
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388 | 423 | | superior court for the judicial district of Hartford to collect such civil 334 |
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389 | 424 | | penalty and for any injunctive or equitable relief. In any action brought 335 |
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390 | 425 | | by the Attorney General to enforce the provisions of section 12-285b or 336 |
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391 | 426 | | this section, the state shall be entitled to recover, when [it] the state is 337 |
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392 | 427 | | the prevailing party, the costs of investigation, expert witness fees, costs 338 |
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398 | 429 | | (g) A violation of this section shall be an unfair or deceptive act or 340 |
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399 | 430 | | practice pursuant to subsection (a) of section 42-110b. 341 |
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400 | 431 | | Sec. 12. Subsection (a) of section 21a-415 of the general statutes is 342 |
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401 | 432 | | repealed and the following is substituted in lieu thereof (Effective October 343 |
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402 | 433 | | 1, 2025): 344 |
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403 | 434 | | (a) As used in this chapter, section 13 of this act and section 53-344: 345 |
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404 | 435 | | (1) "Authorized owner" means the owner or authorized designee of a 346 |
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405 | 436 | | business entity that is applying for a registration or is registered with 347 |
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406 | 437 | | the Department of Consumer Protection pursuant to this chapter; 348 |
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407 | 438 | | (2) "Business entity" means any corporation, limited liability 349 |
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408 | 439 | | company, association, partnership, sole proprietorship, government, 350 |
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409 | 440 | | governmental subdivision or agency, business trust, estate, trust or any 351 |
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410 | 441 | | other legal entity; 352 |
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411 | 442 | | (3) "Dealer registration" means an electronic nicotine delivery system 353 |
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412 | 443 | | certificate of dealer registration issued by the Commissioner of 354 |
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413 | 450 | | Consumer Protection pursuant to this section; 355 |
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414 | 451 | | (4) "Manufacturer registration" means an electronic nicotine delivery 356 |
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415 | 452 | | system certificate of manufacturer registration issued by the 357 |
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416 | 453 | | Commissioner of Consumer Protection pursuant to section 21a-415a to 358 |
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417 | 454 | | any person who mixes, compounds, repackages or resizes any nicotine-359 |
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418 | 455 | | containing electronic nicotine delivery system or vapor product; 360 |
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419 | 456 | | (5) "Electronic cigarette liquid" means a liquid that, when used in an 361 |
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420 | 457 | | electronic nicotine delivery system or vapor product, produces a vapor 362 |
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421 | 458 | | that may or may not include nicotine and is inhaled by the user of such 363 |
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422 | 459 | | electronic nicotine delivery system or vapor product; 364 |
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423 | 460 | | (6) "Electronic nicotine delivery system" means an electronic device 365 |
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424 | 461 | | used in the delivery of nicotine or other substances to a person inhaling 366 |
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425 | 462 | | from the device, and includes, but is not limited to, an electronic 367 |
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426 | 463 | | cigarette, electronic cigar, electronic cigarillo, electronic pipe or 368 |
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432 | 465 | | component of such device, including, but not limited to, electronic 370 |
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433 | 466 | | cigarette liquid; 371 |
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434 | 467 | | (7) "Vapor product" means any product that employs a heating 372 |
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435 | 468 | | element, power source, electronic circuit or other electronic, chemical or 373 |
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436 | 469 | | mechanical means, regardless of shape or size, to produce a vapor that 374 |
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437 | 470 | | may include nicotine and is inhaled by the user of such product. "Vapor 375 |
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438 | 471 | | product" does not include a medicinal or therapeutic product that is (A) 376 |
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439 | 472 | | used by a licensed health care provider to treat a patient in a health care 377 |
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440 | 473 | | setting, (B) used by a patient, as prescribed or directed by a licensed 378 |
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441 | 474 | | health care provider in any setting, or (C) any drug or device, as defined 379 |
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442 | 475 | | in the federal Food, Drug and Cosmetic Act, 21 USC 321, as amended 380 |
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443 | 476 | | from time to time, any combination product, as described in said act, 21 381 |
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444 | 477 | | USC 353(g), as amended from time to time, or any biological product, as 382 |
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445 | 478 | | described in 42 USC 262, as amended from time to time, and 21 CFR 383 |
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446 | 479 | | 600.3, as amended from time to time, authorized for sale by the United 384 |
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447 | 480 | | States Food and Drug Administration; 385 |
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448 | 487 | | (8) "Sale" or "sell" means an act done intentionally by any person, 386 |
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449 | 488 | | whether done as principal, proprietor, agent, servant or employee, of 387 |
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450 | 489 | | transferring, or offering or attempting to transfer, for consideration, 388 |
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451 | 490 | | including bartering or exchanging, or offering to barter or exchange; and 389 |
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452 | 491 | | (9) "Deliver" or "delivering" means an act done intentionally by any 390 |
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453 | 492 | | person, whether as principal, proprietor, agent, servant or employee, of 391 |
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454 | 493 | | transferring, or offering or attempting to transfer, physical possession 392 |
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455 | 494 | | or control of an electronic nicotine delivery system or vapor product. 393 |
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456 | 495 | | Sec. 13. (NEW) (Effective October 1, 2025) (a) No person engaged in the 394 |
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457 | 496 | | business of shipping or transporting electronic nicotine delivery 395 |
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458 | 497 | | systems or vapor products shall ship or transport, or cause to be shipped 396 |
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459 | 498 | | or transported, any electronic nicotine delivery system or vapor product 397 |
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460 | 499 | | to any person in this state except to (1) a person who holds a dealer 398 |
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461 | 500 | | registration or a manufacturer registration, or (2) a person who is an 399 |
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462 | 501 | | officer, employee or agent of the United States government, this state or 400 |
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468 | 503 | | United States or of this state, when such person is acting in accordance 402 |
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469 | 504 | | with such person's official duties. The Commissioner of Consumer 403 |
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470 | 505 | | Protection shall publish, on the Department of Consumer Protection's 404 |
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471 | 506 | | Internet web site, a list of each person who holds a dealer registration or 405 |
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472 | 507 | | a manufacturer registration. 406 |
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473 | 508 | | (b) No common or contract carrier shall knowingly transport any 407 |
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474 | 509 | | electronic nicotine delivery system or vapor product to a residential 408 |
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475 | 510 | | dwelling or to any person in this state who the common or contract 409 |
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476 | 511 | | carrier reasonably believes is not a person described in subdivision (1) 410 |
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477 | 512 | | or (2) of subsection (a) of this section. No person other than a common 411 |
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478 | 513 | | or contract carrier shall knowingly transport any electronic nicotine 412 |
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479 | 514 | | delivery system or vapor product to any person in this state who is not 413 |
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480 | 515 | | a person described in subdivision (1) or (2) of subsection (a) of this 414 |
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481 | 516 | | section. 415 |
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482 | 517 | | (c) When a person engaged in the business of selling or delivering 416 |
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483 | 524 | | electronic nicotine delivery systems or vapor products ships or 417 |
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484 | 525 | | transports, or causes to be shipped or transported, any electronic 418 |
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485 | 526 | | nicotine delivery system or vapor product to any person described in 419 |
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486 | 527 | | subdivision (1) or (2) of subsection (a) of this section, other than in the 420 |
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487 | 528 | | electronic nicotine delivery system or vapor product manufacturer's 421 |
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488 | 529 | | original container or wrapping, the container or wrapping shall be 422 |
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489 | 530 | | plainly and visibly marked with the words "electronic nicotine delivery 423 |
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490 | 531 | | system" or "vapor product", as applicable. Any person engaged in the 424 |
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491 | 532 | | business of selling or delivering electronic nicotine delivery systems or 425 |
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492 | 533 | | vapor products who ships, or causes to be shipped, any electronic 426 |
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493 | 534 | | nicotine delivery system or vapor product to any person described in 427 |
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494 | 535 | | subdivision (1) or (2) of subsection (a) of this section (1) shall require, as 428 |
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495 | 536 | | a condition of such sale or delivery, such person to sign an 429 |
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496 | 537 | | acknowledgment of receipt and provide proper proof of age, and (2) 430 |
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497 | 538 | | may not sell or deliver such electronic nicotine delivery system or vapor 431 |
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498 | 539 | | product to such person unless such person provides proper proof of age. 432 |
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499 | 540 | | (d) Any electronic nicotine delivery system or vapor product shipped 433 |
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505 | 542 | | subject to immediate seizure by the Commissioner of Consumer 435 |
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506 | 543 | | Protection, any agent or employee of the commissioner authorized to 436 |
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507 | 544 | | make such seizure or any peace officer of this state whom the 437 |
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508 | 545 | | commissioner has directed to make such seizure. The commissioner or 438 |
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509 | 546 | | such agent, employee or peace officer shall hold such electronic nicotine 439 |
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510 | 547 | | delivery system or vapor product subject to confiscation and destruction 440 |
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511 | 548 | | by order of a court of competent jurisdiction. All costs of such seizure, 441 |
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512 | 549 | | confiscation and destruction shall be borne by the shipper or 442 |
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513 | 550 | | transporter. 443 |
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514 | 551 | | (e) Any person who violates the provisions of this section shall be 444 |
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515 | 552 | | guilty of a class B misdemeanor and, for a second or subsequent 445 |
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516 | 553 | | violation, shall be guilty of a class A misdemeanor. 446 |
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517 | 554 | | (f) The Commissioner of Consumer Protection may impose a civil 447 |
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518 | 555 | | penalty of not more than ten thousand dollars for each violation of this 448 |
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519 | 562 | | section. For purposes of this subsection, each shipment or transport of 449 |
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520 | 563 | | electronic nicotine delivery systems or vapor products shall constitute a 450 |
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521 | 564 | | separate violation. The Attorney General, upon request of the 451 |
---|
522 | 565 | | commissioner, may bring an action in the superior court for the judicial 452 |
---|
523 | 566 | | district of Hartford to collect such civil penalty and for any injunctive or 453 |
---|
524 | 567 | | equitable relief. In any action brought by the Attorney General to 454 |
---|
525 | 568 | | enforce the provisions of this section, the state shall be entitled to 455 |
---|
526 | 569 | | recover, when the state is the prevailing party, the costs of investigation, 456 |
---|
527 | 570 | | expert witness fees, costs of the action and reasonable attorneys' fees. 457 |
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528 | 571 | | (g) A violation of this section shall be an unfair or deceptive act or 458 |
---|
529 | 572 | | practice pursuant to subsection (a) of section 42-110b of the general 459 |
---|
530 | 573 | | statutes. 460 |
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531 | 574 | | Sec. 14. Section 21a-421aaa of the general statutes is repealed and the 461 |
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532 | 575 | | following is substituted in lieu thereof (Effective October 1, 2025): 462 |
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533 | 576 | | Any cannabis establishment licensee or any servant or agent of a 463 |
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534 | 577 | | licensee who sells or delivers cannabis or cannabis paraphernalia to any 464 |
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535 | 578 | | person under twenty-one years of age shall be guilty of a class [A 465 |
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541 | 580 | | has the same meaning as provided in section 21a-420, as amended by 467 |
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542 | 581 | | this act. 468 |
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543 | 582 | | Sec. 15. (NEW) (Effective October 1, 2025) Any cannabis establishment 469 |
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544 | 583 | | licensee or any servant or agent of a licensee who sells or delivers any 470 |
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545 | 584 | | synthetic cannabinoid to any person shall be guilty of a class E felony. 471 |
---|
546 | 585 | | For purposes of this section, "synthetic cannabinoid" has the same 472 |
---|
547 | 586 | | meaning as provided in section 21a-240 of the general statutes. 473 |
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548 | 587 | | Sec. 16. Section 21a-418 of the general statutes is repealed. (Effective 474 |
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549 | 588 | | October 1, 2025) 475 |
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550 | 589 | | This act shall take effect as follows and shall amend the following |
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551 | 590 | | sections: |
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552 | 597 | | |
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553 | 598 | | Section 1 July 1, 2025 21a-420(1) |
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554 | 599 | | Sec. 2 July 1, 2025 New section |
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555 | 600 | | Sec. 3 July 1, 2025 New section |
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556 | 601 | | Sec. 4 July 1, 2025 New section |
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557 | 602 | | Sec. 5 July 1, 2025 New section |
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558 | 603 | | Sec. 6 July 1, 2025 54-41a(6) |
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559 | 604 | | Sec. 7 October 1, 2025 21a-420c |
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560 | 605 | | Sec. 8 October 1, 2025 21a-420p(f)(1) |
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561 | 606 | | Sec. 9 October 1, 2025 21a-420r(d) |
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562 | 607 | | Sec. 10 October 1, 2025 21a-420t(d) and (e) |
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563 | 608 | | Sec. 11 October 1, 2025 12-285c |
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564 | 609 | | Sec. 12 October 1, 2025 21a-415(a) |
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565 | 610 | | Sec. 13 October 1, 2025 New section |
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566 | 611 | | Sec. 14 October 1, 2025 21a-421aaa |
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567 | 612 | | Sec. 15 October 1, 2025 New section |
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568 | 613 | | Sec. 16 October 1, 2025 Repealer section |
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569 | 614 | | |
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570 | | - | Statement of Legislative Commissioners: |
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571 | | - | In Section 4, "if any," was added after "director of the task force," for |
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572 | | - | consistency. |
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| 615 | + | Statement of Purpose: |
---|
| 616 | + | To (1) establish a state-wide cannabis and hemp enforcement task force, |
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| 617 | + | (2) require a municipality to submit a copy of an application for a court |
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| 618 | + | order to the Attorney General, (3) authorize seizures of additional |
---|
| 619 | + | merchandise, (4) redirect funds derived from certain civil penalties to |
---|
| 620 | + | municipalities, (5) prohibit conduct concerning the shipment and |
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| 621 | + | transportation of tobacco products, electronic nicotine delivery systems |
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| 622 | + | and vapor products, (6) establish penalties concerning the unlawful |
---|
| 623 | + | shipment and transportation of cigarettes, tobacco products, electronic |
---|
| 624 | + | nicotine delivery systems and vapor products, and (7) provide that a |
---|
| 625 | + | cannabis establishment licensee, or any servant or agent thereof, shall |
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| 626 | + | be guilty of a class E felony if such person sells or delivers (A) any |
---|
| 627 | + | cannabis or cannabis paraphernalia to any person younger than twenty- |
---|
| 628 | + | one years of age, or (B) any synthetic cannabinoid to any person. |
---|