Connecticut 2025 Regular Session

Connecticut House Bill HB07181 Compare Versions

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5-General Assembly Substitute Bill No. 7181
5+General Assembly Raised Bill No. 7181
66 January Session, 2025
7+LCO No. 5599
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10+Referred to Committee on GENERAL LAW
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13+Introduced by:
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1019 AN ACT CONCERNING ENFORCEMENT OF THE STATE'S
1120 CANNABIS, HEMP AND TOBACCO LAWS.
1221 Be it enacted by the Senate and House of Representatives in General
1322 Assembly convened:
1423
1524 Section 1. Subdivision (1) of section 21a-420 of the general statutes is 1
1625 repealed and the following is substituted in lieu thereof (Effective July 1, 2
1726 2025): 3
1827 (1) "Responsible and Equitable Regulation of Adult-Use Cannabis 4
1928 Act" or "RERACA" means this section, sections 2-56j, 7-294kk, 7-294ll, 5
2029 12-330ll to 12-330nn, inclusive, 14-227p, 21a-278b, 21a-278c, 21a-279c, 6
2130 21a-279d, 21a-420a to 21a-420j, inclusive, 21a-420l to 21a-421r, inclusive, 7
2231 21a-421aa to 21a-421ff, inclusive, 21a-421aaa to 21a-421hhh, inclusive, as 8
2332 amended by this act, 21a-422 to 21a-422c, inclusive, 21a-422e to 21a-9
2433 422g, inclusive, 21a-422j to 21a-422s, inclusive, 22-61n, 23-4b, 47a-9a, 53-10
2534 247a, 53a-213a, 53a-213b, 54-33p, 54-56q, 54-56r, 54-125k and 54-142u, 11
2635 sections 23, 60, 63 to 65, inclusive, 124, 144 and 165 of public act 21-1 of 12
2736 the June special session, and the amendments in public act 21-1 of the 13
2837 June special session to sections 7-148, 10-221, 12-30a, 12-35b, 12-412, 12-14
2938 650, 12-704d, 14-44k, 14-111e, 14-227a to 14-227c, inclusive, 14-227j, 15-15
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3045 140q, 15-140r, 18-100h, 19a-342, 19a-342a, 21a-267, 21a-277, 21a-279, 21a-16
3146 279a, 21a-408 to 21a-408f, inclusive, 21a-408h to 21a-408p, inclusive, 21a-17
3247 408r to 21a-408w, inclusive, 21a-420aa, 21a-421s, 30-89a, 31-40q, 32-39, 18
3348 46b-120, 51-164n, 53-394, 53a-39c, 54-1m, 54-33g, 54-41b, 54-56e, 54-56g, 19
34-54-56i, 54-56k, 54-56n, 54-63d, 54-66a and 54-142e, section 20 of public 20 Substitute Bill No. 7181
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49+54-56i, 54-56k, 54-56n, 54-63d, 54-66a and 54-142e, section 20 of public 20
3950 act 23-79 and sections 2 to 5, inclusive, of this act; 21
4051 Sec. 2. (NEW) (Effective July 1, 2025) (a) There shall be within the 22
4152 Department of Consumer Protection a state-wide cannabis and hemp 23
4253 enforcement task force for the effective and cooperative enforcement of 24
4354 the laws of this state concerning the cultivation, manufacturing, 25
4455 distribution, transportation, display, purchase, sale, dispensing, 26
4556 possession and use of (1) cannabis and cannabis products, as such terms 27
4657 are defined in section 21a-420 of the general statutes, as amended by this 28
4758 act, (2) infused beverages, as defined in section 21a-425 of the general 29
4859 statutes, (3) hemp and hemp products, as such terms are defined in 30
4960 section 22-61l of the general statutes, and (4) moderate-THC hemp 31
5061 products, as defined in section 21a-426 of the general statutes. 32
5162 (b) The state-wide cannabis and hemp enforcement task force shall 33
5263 be authorized to conduct any investigation authorized by this section at 34
5364 any place within the state as may be deemed necessary. 35
5465 (c) The state-wide cannabis and hemp enforcement task force may 36
5566 request and receive from any federal, state or local agency cooperation 37
5667 and assistance in the performance of its duties, including, but not 38
5768 limited to, the temporary assignment of such personnel as may be 39
5869 necessary for the task force to perform its functions. 40
5970 (d) The state-wide cannabis and hemp enforcement task force may 41
6071 enter into mutual assistance and cooperation agreements with other 42
6172 states pertaining to cannabis, cannabis product, infused beverage, 43
6273 hemp, hemp product and moderate -THC hemp product law 44
6374 enforcement matters extending across state boundaries, and may 45
6475 consult and exchange information and personnel with agencies of other 46
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6582 states with reference to cannabis, cannabis product, infused beverage, 47
6683 hemp, hemp product and moderate -THC hemp product law 48
6784 enforcement problems of mutual concern. 49
6885 (e) The Commissioner of Consumer Protection may, within available 50
6986 appropriations, appoint a director and such other personnel as the 51
70-commissioner deems necessary for the duties of the state-wide cannabis 52 Substitute Bill No. 7181
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87+commissioner deems necessary for the duties of the state-wide cannabis 52
7588 and hemp enforcement task force. 53
7689 Sec. 3. (NEW) (Effective July 1, 2025) (a) Upon request by the state-54
7790 wide cannabis and hemp enforcement task force established under 55
7891 section 2 of this act, the Commissioner of Emergency Services and Public 56
7992 Protection may from time to time select such number of police personnel 57
8093 of any municipality of the state to act temporarily as special state police 58
8194 officers to carry out the duties of the task force as the Commissioner of 59
8295 Emergency Services and Public Protection, in consultation with the task 60
8396 force, deems necessary. Such municipal police personnel shall be 61
8497 appointed from a list of municipal police personnel recommended to the 62
8598 State-Wide Cannabis and Hemp Enforcement Task Force Policy Board, 63
8699 established under section 5 of this act, by the chiefs of police of the 64
87100 municipalities and approved by the board. 65
88101 (b) Each municipality shall be responsible for fully compensating the 66
89102 municipal police personnel temporarily assigned to the state-wide 67
90103 cannabis and hemp enforcement task force, and such compensation 68
91104 shall be payable to such assigned municipal police personnel while on 69
92105 duty with the task force. 70
93106 (c) For purposes of indemnification of such municipal police 71
94107 personnel and municipalities against any losses, damages or liabilities 72
95108 arising out of the service and activities of the state-wide cannabis and 73
96109 hemp enforcement task force, municipal police personnel while 74
97110 assigned to, and performing the duties of, the task force shall be deemed 75
98111 to be acting as employees of the state. 76
99112 Sec. 4. (NEW) (Effective July 1, 2025) Any municipal police officer, 77
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100119 while assigned to duty with the state-wide cannabis and hemp 78
101120 enforcement task force established under section 2 of this act and 79
102121 working at the direction of the Commissioner of Emergency Services 80
103-and Public Protection or the director of the task force, if any, shall, when 81
104-acting within the scope of his or her authority, have the same powers, 82
105-duties, privileges and immunities as are conferred upon him or her as a 83
106-state police officer. 84 Substitute Bill No. 7181
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122+and Public Protection or the director of the task force, shall, when acting 81
123+within the scope of his or her authority, have the same powers, duties, 82
124+privileges and immunities as are conferred upon him or her as a state 83
125+police officer. 84
111126 Sec. 5. (NEW) (Effective July 1, 2025) (a) There shall be a State-Wide 85
112127 Cannabis and Hemp Enforcement Task Force Policy Board, within the 86
113128 Department of Consumer Protection for administrative purposes only, 87
114129 consisting of the Commissioner of Consumer Protection, the 88
115130 Commissioner of Emergency Services and Public Protection, the 89
116131 Commissioner of Revenue Services, the Attorney General and the Chief 90
117132 State's Attorney. 91
118133 (b) The policy board shall direct and supervise the formulation of 92
119134 policies and operating procedures, and coordinate the activities, of the 93
120135 state-wide cannabis and hemp enforcement task force established under 94
121136 section 2 of this act with law enforcement agencies within and without 95
122137 the state. 96
123138 (c) The policy board may apply for, and shall administer, any federal, 97
124139 state, local or private appropriations or grant funds made available for 98
125140 the operation of the task force. 99
126141 Sec. 6. Subdivision (6) of section 54-41a of the general statutes is 100
127142 repealed and the following is substituted in lieu thereof (Effective July 1, 101
128143 2025): 102
129144 (6) "Investigative officer" means (A) any officer of the Connecticut 103
130145 state police, (B) the chief inspector or any inspector in the Division of 104
131146 Criminal Justice who is empowered by law to conduct investigations of 105
132147 or to make arrests for offenses enumerated in this chapter, (C) any 106
133148 municipal police officer who (i) has been duly sworn as a special state 107
134149 police officer under the provisions of section 29-177 or section 3 of this 108
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135156 act, [and who] (ii) is currently assigned to the state-wide narcotics task 109
136157 force, [or] the state-wide organized crime investigative task force or the 110
137158 state-wide cannabis and hemp enforcement task force, and (iii) is acting 111
138159 under the direct authority of the Connecticut state police, and (D) any 112
139160 attorney authorized by law to prosecute or participate in the 113
140161 prosecution of offenses enumerated in this chapter; 114
141162 Sec. 7. Section 21a-420c of the general statutes is repealed and the 115
142-following is substituted in lieu thereof (Effective October 1, 2025): 116 Substitute Bill No. 7181
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163+following is substituted in lieu thereof (Effective October 1, 2025): 116
147164 (a) As used in this section: 117
148165 (1) "Cigarette" has the same meaning as provided in section 4-28h; 118
149166 (2) "Electronic cigarette liquid" has the same meaning as provided in 119
150167 section 21a-415, as amended by this act; 120
151168 (3) "Electronic nicotine delivery system" has the same meaning as 121
152169 provided in section 21a-415, as amended by this act; 122
153170 (4) "Immediate threat to public health and safety" includes, but is not 123
154171 limited to, the presence of (A) any cannabis or cannabis product in 124
155172 connection with a violation of this section, or (B) any cigarette, tobacco 125
156173 product, electronic cigarette liquid, electronic nicotine delivery system 126
157174 or liquid nicotine container alongside any cannabis or cannabis product; 127
158175 (5) "Liquid nicotine container" has the same meaning as provided in 128
159176 section 19a-342a; and 129
160177 (6) "Tobacco product" has the same meaning as provided in section 130
161178 12-330a. 131
162179 [(a)] (b) Except as provided in RERACA and chapter 420b or 420f, (1) 132
163180 no person, other than a retailer, hybrid retailer, micro-cultivator or 133
164181 delivery service, or an employee thereof in the course of such 134
165182 employee's employment, may sell or offer any cannabis or cannabis 135
166183 product to a consumer, and (2) no person, other than a hybrid retailer, 136
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167190 dispensary facility or a delivery service, or an employee thereof in the 137
168191 course of such employee's employment, may sell or offer any cannabis 138
169192 or cannabis product to a qualifying [patients and caregivers] patient or 139
170193 caregiver. 140
171194 [(b)] (c) No person except a delivery service, or an employee of a 141
172195 delivery service, subject to the restrictions set forth in section 21a-420z, 142
173196 acting in the course of such employee's employment may deliver any 143
174197 cannabis or cannabis product to [consumers, patients or caregivers] a 144
175-consumer, qualifying patient or caregiver. 145 Substitute Bill No. 7181
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198+consumer, qualifying patient or caregiver. 145
180199 [(c)] (d) Any violation of the provisions of this section shall be 146
181200 deemed an unfair or deceptive trade practice under subsection (a) of 147
182201 section 42-110b. 148
183202 [(d)] (e) (1) Any municipality may, by vote of its legislative body, 149
184203 prohibit the operation of any business within such municipality that is 150
185204 found to be in violation of the provisions of this section or if such 151
186205 operation poses an immediate threat to public health and safety. 152
187206 (2) If the chief executive officer of a municipality determines that a 153
188207 business within the municipality is operating in violation of the 154
189208 provisions of this section or poses an immediate threat to public health 155
190209 and safety, the chief executive officer may apply to the Superior Court 156
191210 for an order under subdivision (3) of this subsection and, upon making 157
192211 such application, submit a written copy of such application to the 158
193212 Attorney General. 159
194213 (3) Upon an application under subdivision (2) of this subsection, the 160
195214 Superior Court, upon a finding that a business within the municipality 161
196215 is operating in violation of the provisions of this section or poses an 162
197216 immediate threat to public health and safety, may issue forthwith, ex 163
198217 parte and without a hearing, an order that shall direct the chief law 164
199218 enforcement officer of the municipality to take from such business 165
200219 possession and control of any merchandise related to such violation or 166
201220 immediate threat to public health and safety, which merchandise shall 167
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202227 include, but need not be limited to, (A) any cannabis or cannabis 168
203228 product, (B) any cigarette, tobacco, [or] tobacco product, electronic 169
204229 cigarette liquid, electronic nicotine delivery system or liquid nicotine 170
205230 container, (C) any merchandise related to the merchandise described in 171
206231 subparagraphs (A) and (B) of this subdivision, and (D) any proceeds 172
207232 related to the merchandise described in subparagraphs (A) to (C), 173
208233 inclusive, of this subdivision. 174
209234 (4) As used in this subsection, [(A) "cigarette" has the same meaning 175
210235 as provided in section 4-28h, (B) "immediate threat to public health and 176
211-safety" includes, but is not limited to, the presence of (i) any cannabis or 177 Substitute Bill No. 7181
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236+safety" includes, but is not limited to, the presence of (i) any cannabis or 177
216237 cannabis product in connection with a violation of this section, or (ii) 178
217238 any cigarette or tobacco product alongside any cannabis or cannabis 179
218239 product, and (C)] "operation" and "operating" mean engaging in the sale 180
219240 of, or otherwise offering for sale, goods and services to the general 181
220241 public, including, but not limited to, through indirect retail sales. 182
221242 [(e)] (f) (1) Any person who violates any provision of this section shall 183
222243 be assessed a civil penalty of thirty thousand dollars for each violation. 184
223244 Each day that such violation continues shall constitute a separate 185
224245 offense. 186
225246 (2) Any person who aids or abets any violation of the provisions of 187
226247 this section shall be assessed a civil penalty of thirty thousand dollars 188
227248 for each violation. Each day that such person aids or abets such violation 189
228249 shall constitute a separate offense. For the purposes of this subdivision, 190
229250 no person shall be deemed to have aided or abetted a violation of the 191
230251 provisions of this section unless (A) such person was the owner, officer, 192
231252 controlling shareholder or in a similar position of authority that allowed 193
232253 such person to make command or control decisions regarding the 194
233254 operations and management of another person who (i) is prohibited 195
234255 from selling or offering any cannabis or cannabis product under this 196
235256 section, and (ii) sold or offered any cannabis or cannabis product in 197
236257 violation of this section, (B) such person knew that such other person (i) 198
237258 is prohibited from selling or offering any cannabis or cannabis product 199
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238265 under this section, and (ii) sold or offered any cannabis or cannabis 200
239266 product in violation of this section, (C) such person provided substantial 201
240267 assistance or encouragement in connection with the sale or offer of such 202
241268 cannabis or cannabis product in violation of this section, and (D) such 203
242269 person's conduct was a substantial factor in furthering the sale or offer 204
243270 of such cannabis or cannabis product in violation of this section. 205
244271 (3) Any person who manages or controls a commercial property, or 206
245272 who manages or controls a commercial building, room, space or 207
246273 enclosure, in such person's capacity as an owner, lessee, agent, 208
247274 employee or mortgagor, who knowingly leases, rents or makes such 209
248-property, building, room, space or enclosure available for use, with or 210 Substitute Bill No. 7181
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275+property, building, room, space or enclosure available for use, with or 210
253276 without compensation, for the purpose of any sale or offer of any 211
254277 cannabis or cannabis product in violation of this section shall be 212
255278 assessed a civil penalty of ten thousand dollars for each violation. Each 213
256279 day that such violation continues shall constitute a separate offense. 214
257280 (4) No person other than the Attorney General, upon complaint of the 215
258281 Commissioner of Consumer Protection, or a municipality in which the 216
259282 violation of this section occurred shall assess any civil penalty under this 217
260283 subsection or institute a civil action to recover any civil penalty imposed 218
261284 under this subsection. If a municipality institutes a civil action to recover 219
262285 any civil penalty imposed under this subsection, such penalty shall be 220
263286 paid [first] to the municipality. [to reimburse such municipality for the 221
264287 costs incurred in instituting such action. One-half of the remainder, if 222
265288 any, shall be payable to the treasurer of such municipality and one-half 223
266289 of such remainder shall be payable to the Treasurer and deposited in the 224
267290 General Fund.] 225
268291 [(f)] (g) Nothing in this section shall be construed to prohibit the 226
269292 imposition of any criminal penalty on any person who (1) is prohibited 227
270293 from selling or offering any cannabis or cannabis product under this 228
271294 section, and (2) sells or offers any cannabis or cannabis product in 229
272295 violation of this section. 230
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273302 Sec. 8. Subdivision (1) of subsection (f) of section 21a-420p of the 231
274303 general statutes is repealed and the following is substituted in lieu 232
275304 thereof (Effective October 1, 2025): 233
276305 (f) (1) Subject to the requirements of this subsection and subsection 234
277306 [(b)] (c) of section 21a-420c, as amended by this act, a micro-cultivator 235
278307 may sell its own cannabis, including, but not limited to, its own cannabis 236
279308 seedlings, to consumers, excluding qualifying patients and caregivers, 237
280309 through a delivery service. No cannabis establishment other than a 238
281310 micro-cultivator shall sell cannabis seedlings to consumers, and no 239
282311 cannabis establishment other than a delivery service shall deliver 240
283312 cannabis seedlings sold by a micro-cultivator to consumers. 241
284-Sec. 9. Subsection (d) of section 21a-420r of the general statutes is 242 Substitute Bill No. 7181
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313+Sec. 9. Subsection (d) of section 21a-420r of the general statutes is 242
289314 repealed and the following is substituted in lieu thereof (Effective October 243
290315 1, 2025): 244
291316 (d) A retailer may deliver cannabis through a delivery service or by 245
292317 utilizing its own employees, subject to the provisions of subsection [(b)] 246
293318 (c) of section 21a-420c, as amended by this act. 247
294319 Sec. 10. Subsections (d) and (e) of section 21a-420t of the general 248
295320 statutes are repealed and the following is substituted in lieu thereof 249
296321 (Effective October 1, 2025): 250
297322 (d) On and after September 1, 2021, a dispensary facility or hybrid 251
298323 retailer may apply to the department, in a form and in a manner 252
299324 prescribed by the commissioner, to provide delivery services through a 253
300325 delivery service or utilizing its own employees, subject to the provisions 254
301326 of subsection [(b)] (c) of section 21a-420c, as amended by this act, to 255
302327 qualifying patients, caregivers, research program subjects, as defined in 256
303328 section 21a-408, and hospice and other inpatient care facilities licensed 257
304329 by the Department of Public Health pursuant to chapter 368v that have 258
305330 a protocol for the handling and distribution of cannabis that has been 259
306331 approved by the Department of Consumer Protection. A dispensary 260
307332 facility or hybrid retailer may deliver cannabis or medical marijuana 261
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308339 products only from its own inventory to qualifying patients and 262
309340 caregivers. If such application is approved by the commissioner, the 263
310341 dispensary facility or hybrid retailer may commence delivery services 264
311342 on and after January 1, 2022, provided the commissioner may authorize 265
312343 dispensary facilities or hybrid retailers to commence delivery services 266
313344 prior to January 1, 2022, upon forty-five days advance written notice, 267
314345 published on the department's Internet web site. 268
315346 (e) Hybrid retailers may commence delivery of cannabis directly to 269
316347 consumers as of the date the first adult use cannabis sales are permitted 270
317348 by the commissioner as set forth in subsection (f) of this section, through 271
318349 a delivery service, or utilizing their own employees, subject to the 272
319350 provisions of subsection [(b)] (c) of section 21a-420c, as amended by this 273
320-act. 274 Substitute Bill No. 7181
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325352 Sec. 11. Section 12-285c of the general statutes is repealed and the 275
326353 following is substituted in lieu thereof (Effective October 1, 2025): 276
327354 (a) No person engaged in the business of selling cigarettes or tobacco 277
328355 products shall ship or transport, or cause to be shipped or transported, 278
329356 any cigarettes or tobacco products to any person in this state except to: 279
330357 (1) A cigarette distributor or dealer; (2) an export warehouse proprietor 280
331358 pursuant to Chapter 52 of the Internal Revenue Code of 1986, or any 281
332359 subsequent corresponding internal revenue code of the United States, 282
333360 as amended from time to time, or an operator of a customs bonded 283
334361 warehouse pursuant to 19 USC 1311 or 1555; or (3) a person who is an 284
335362 officer, employee or agent of the United States [Government] 285
336363 government, this state or a department, agency, instrumentality or 286
337364 political subdivision of the United States or of this state, when such 287
338365 person is acting in accordance with such person's official duties. 288
339366 Notwithstanding the provisions of section 12-15, the Commissioner of 289
340367 Revenue Services shall publish on the Internet web site of the 290
341368 Department of Revenue Services a list of every cigarette distributor or 291
342369 dealer. As used in this subsection, "cigarette distributor or dealer" means 292
343370 a person licensed as a cigarette distributor under section 12-288 or 293
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344377 licensed as a dealer under section 12-287 or a person whose name 294
345378 appears on a list of licensed distributors and dealers published by the 295
346379 Commissioner of Revenue Services. 296
347380 (b) No common or contract carrier shall knowingly transport 297
348381 cigarettes or tobacco products to a residential dwelling or to any person 298
349382 in this state who the common or contract carrier reasonably believes is 299
350383 not a person described in subdivisions (1) to (3), inclusive, of subsection 300
351384 (a) of this section. No person other than a common or contract carrier 301
352385 shall knowingly transport cigarettes or tobacco products to any person 302
353386 in this state who is not a person described in subdivisions (1) to (3), 303
354387 inclusive, of subsection (a) of this section. 304
355388 (c) When a person engaged in the business of selling cigarettes or 305
356389 tobacco products ships or transports, or causes to be shipped or 306
357-transported, any cigarettes or tobacco products to any described person 307 Substitute Bill No. 7181
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390+transported, any cigarettes or tobacco products to any described person 307
362391 in this state, other than in the cigarette or tobacco product 308
363392 manufacturer's original container or wrapping, the container or 309
364393 wrapping shall be plainly and visibly marked with the word "cigarettes" 310
365394 or the words "tobacco products", as applicable. Any person engaged in 311
366395 the business of selling cigarettes or tobacco products who ships or 312
367396 causes to be shipped any cigarettes or tobacco products to any described 313
368397 person in this state (1) shall require, as a condition of delivery, the 314
369398 customer who is receiving the cigarettes or tobacco products to sign an 315
370399 acknowledgment of receipt and provide proper proof of age, and (2) 316
371400 may not sell such cigarettes or tobacco products to such customer unless 317
372401 such proof of age is provided. For purposes of this subsection, 318
373402 "described person" means a person described in subdivisions (1) to (3), 319
374403 inclusive, of subsection (a) of this section. 320
375404 (d) Whenever any cigarettes or tobacco products have been or are 321
376405 being shipped or transported in violation of this section, such cigarettes 322
377406 or tobacco products are declared to be contraband goods and the 323
378407 confiscation, search and forfeiture provisions of section 12-305 shall 324
379408 apply. 325
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380415 (e) Any person who violates the provisions of this section shall be 326
381416 guilty of a class A misdemeanor and, for a second or subsequent 327
382417 violation, shall be guilty of a class C felony. 328
383418 (f) The Commissioner of Revenue Services may impose a civil penalty 329
384419 of not more than ten thousand dollars for each violation of this section. 330
385420 For purposes of this subsection, each shipment or transport of cigarettes 331
386421 or tobacco products shall constitute a separate violation. The Attorney 332
387422 General, upon request of the commissioner, may bring an action in the 333
388423 superior court for the judicial district of Hartford to collect such civil 334
389424 penalty and for any injunctive or equitable relief. In any action brought 335
390425 by the Attorney General to enforce the provisions of section 12-285b or 336
391426 this section, the state shall be entitled to recover, when [it] the state is 337
392427 the prevailing party, the costs of investigation, expert witness fees, costs 338
393-of the action [,] and reasonable attorneys' fees. 339 Substitute Bill No. 7181
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428+of the action [,] and reasonable attorneys' fees. 339
398429 (g) A violation of this section shall be an unfair or deceptive act or 340
399430 practice pursuant to subsection (a) of section 42-110b. 341
400431 Sec. 12. Subsection (a) of section 21a-415 of the general statutes is 342
401432 repealed and the following is substituted in lieu thereof (Effective October 343
402433 1, 2025): 344
403434 (a) As used in this chapter, section 13 of this act and section 53-344: 345
404435 (1) "Authorized owner" means the owner or authorized designee of a 346
405436 business entity that is applying for a registration or is registered with 347
406437 the Department of Consumer Protection pursuant to this chapter; 348
407438 (2) "Business entity" means any corporation, limited liability 349
408439 company, association, partnership, sole proprietorship, government, 350
409440 governmental subdivision or agency, business trust, estate, trust or any 351
410441 other legal entity; 352
411442 (3) "Dealer registration" means an electronic nicotine delivery system 353
412443 certificate of dealer registration issued by the Commissioner of 354
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413450 Consumer Protection pursuant to this section; 355
414451 (4) "Manufacturer registration" means an electronic nicotine delivery 356
415452 system certificate of manufacturer registration issued by the 357
416453 Commissioner of Consumer Protection pursuant to section 21a-415a to 358
417454 any person who mixes, compounds, repackages or resizes any nicotine-359
418455 containing electronic nicotine delivery system or vapor product; 360
419456 (5) "Electronic cigarette liquid" means a liquid that, when used in an 361
420457 electronic nicotine delivery system or vapor product, produces a vapor 362
421458 that may or may not include nicotine and is inhaled by the user of such 363
422459 electronic nicotine delivery system or vapor product; 364
423460 (6) "Electronic nicotine delivery system" means an electronic device 365
424461 used in the delivery of nicotine or other substances to a person inhaling 366
425462 from the device, and includes, but is not limited to, an electronic 367
426463 cigarette, electronic cigar, electronic cigarillo, electronic pipe or 368
427-electronic hookah and any related device and any cartridge or other 369 Substitute Bill No. 7181
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429-
430-LCO 13 of 16
431-
464+electronic hookah and any related device and any cartridge or other 369
432465 component of such device, including, but not limited to, electronic 370
433466 cigarette liquid; 371
434467 (7) "Vapor product" means any product that employs a heating 372
435468 element, power source, electronic circuit or other electronic, chemical or 373
436469 mechanical means, regardless of shape or size, to produce a vapor that 374
437470 may include nicotine and is inhaled by the user of such product. "Vapor 375
438471 product" does not include a medicinal or therapeutic product that is (A) 376
439472 used by a licensed health care provider to treat a patient in a health care 377
440473 setting, (B) used by a patient, as prescribed or directed by a licensed 378
441474 health care provider in any setting, or (C) any drug or device, as defined 379
442475 in the federal Food, Drug and Cosmetic Act, 21 USC 321, as amended 380
443476 from time to time, any combination product, as described in said act, 21 381
444477 USC 353(g), as amended from time to time, or any biological product, as 382
445478 described in 42 USC 262, as amended from time to time, and 21 CFR 383
446479 600.3, as amended from time to time, authorized for sale by the United 384
447480 States Food and Drug Administration; 385
481+Raised Bill No. 7181
482+
483+
484+
485+LCO No. 5599 14 of 17
486+
448487 (8) "Sale" or "sell" means an act done intentionally by any person, 386
449488 whether done as principal, proprietor, agent, servant or employee, of 387
450489 transferring, or offering or attempting to transfer, for consideration, 388
451490 including bartering or exchanging, or offering to barter or exchange; and 389
452491 (9) "Deliver" or "delivering" means an act done intentionally by any 390
453492 person, whether as principal, proprietor, agent, servant or employee, of 391
454493 transferring, or offering or attempting to transfer, physical possession 392
455494 or control of an electronic nicotine delivery system or vapor product. 393
456495 Sec. 13. (NEW) (Effective October 1, 2025) (a) No person engaged in the 394
457496 business of shipping or transporting electronic nicotine delivery 395
458497 systems or vapor products shall ship or transport, or cause to be shipped 396
459498 or transported, any electronic nicotine delivery system or vapor product 397
460499 to any person in this state except to (1) a person who holds a dealer 398
461500 registration or a manufacturer registration, or (2) a person who is an 399
462501 officer, employee or agent of the United States government, this state or 400
463-a department, agency, instrumentality or political subdivision of the 401 Substitute Bill No. 7181
464-
465-
466-LCO 14 of 16
467-
502+a department, agency, instrumentality or political subdivision of the 401
468503 United States or of this state, when such person is acting in accordance 402
469504 with such person's official duties. The Commissioner of Consumer 403
470505 Protection shall publish, on the Department of Consumer Protection's 404
471506 Internet web site, a list of each person who holds a dealer registration or 405
472507 a manufacturer registration. 406
473508 (b) No common or contract carrier shall knowingly transport any 407
474509 electronic nicotine delivery system or vapor product to a residential 408
475510 dwelling or to any person in this state who the common or contract 409
476511 carrier reasonably believes is not a person described in subdivision (1) 410
477512 or (2) of subsection (a) of this section. No person other than a common 411
478513 or contract carrier shall knowingly transport any electronic nicotine 412
479514 delivery system or vapor product to any person in this state who is not 413
480515 a person described in subdivision (1) or (2) of subsection (a) of this 414
481516 section. 415
482517 (c) When a person engaged in the business of selling or delivering 416
518+Raised Bill No. 7181
519+
520+
521+
522+LCO No. 5599 15 of 17
523+
483524 electronic nicotine delivery systems or vapor products ships or 417
484525 transports, or causes to be shipped or transported, any electronic 418
485526 nicotine delivery system or vapor product to any person described in 419
486527 subdivision (1) or (2) of subsection (a) of this section, other than in the 420
487528 electronic nicotine delivery system or vapor product manufacturer's 421
488529 original container or wrapping, the container or wrapping shall be 422
489530 plainly and visibly marked with the words "electronic nicotine delivery 423
490531 system" or "vapor product", as applicable. Any person engaged in the 424
491532 business of selling or delivering electronic nicotine delivery systems or 425
492533 vapor products who ships, or causes to be shipped, any electronic 426
493534 nicotine delivery system or vapor product to any person described in 427
494535 subdivision (1) or (2) of subsection (a) of this section (1) shall require, as 428
495536 a condition of such sale or delivery, such person to sign an 429
496537 acknowledgment of receipt and provide proper proof of age, and (2) 430
497538 may not sell or deliver such electronic nicotine delivery system or vapor 431
498539 product to such person unless such person provides proper proof of age. 432
499540 (d) Any electronic nicotine delivery system or vapor product shipped 433
500-or transported in violation of this section is a common nuisance and is 434 Substitute Bill No. 7181
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502-
503-LCO 15 of 16
504-
541+or transported in violation of this section is a common nuisance and is 434
505542 subject to immediate seizure by the Commissioner of Consumer 435
506543 Protection, any agent or employee of the commissioner authorized to 436
507544 make such seizure or any peace officer of this state whom the 437
508545 commissioner has directed to make such seizure. The commissioner or 438
509546 such agent, employee or peace officer shall hold such electronic nicotine 439
510547 delivery system or vapor product subject to confiscation and destruction 440
511548 by order of a court of competent jurisdiction. All costs of such seizure, 441
512549 confiscation and destruction shall be borne by the shipper or 442
513550 transporter. 443
514551 (e) Any person who violates the provisions of this section shall be 444
515552 guilty of a class B misdemeanor and, for a second or subsequent 445
516553 violation, shall be guilty of a class A misdemeanor. 446
517554 (f) The Commissioner of Consumer Protection may impose a civil 447
518555 penalty of not more than ten thousand dollars for each violation of this 448
556+Raised Bill No. 7181
557+
558+
559+
560+LCO No. 5599 16 of 17
561+
519562 section. For purposes of this subsection, each shipment or transport of 449
520563 electronic nicotine delivery systems or vapor products shall constitute a 450
521564 separate violation. The Attorney General, upon request of the 451
522565 commissioner, may bring an action in the superior court for the judicial 452
523566 district of Hartford to collect such civil penalty and for any injunctive or 453
524567 equitable relief. In any action brought by the Attorney General to 454
525568 enforce the provisions of this section, the state shall be entitled to 455
526569 recover, when the state is the prevailing party, the costs of investigation, 456
527570 expert witness fees, costs of the action and reasonable attorneys' fees. 457
528571 (g) A violation of this section shall be an unfair or deceptive act or 458
529572 practice pursuant to subsection (a) of section 42-110b of the general 459
530573 statutes. 460
531574 Sec. 14. Section 21a-421aaa of the general statutes is repealed and the 461
532575 following is substituted in lieu thereof (Effective October 1, 2025): 462
533576 Any cannabis establishment licensee or any servant or agent of a 463
534577 licensee who sells or delivers cannabis or cannabis paraphernalia to any 464
535578 person under twenty-one years of age shall be guilty of a class [A 465
536-misdemeanor] E felony. For purposes of this section, "paraphernalia" 466 Substitute Bill No. 7181
537-
538-
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540-
579+misdemeanor] E felony. For purposes of this section, "paraphernalia" 466
541580 has the same meaning as provided in section 21a-420, as amended by 467
542581 this act. 468
543582 Sec. 15. (NEW) (Effective October 1, 2025) Any cannabis establishment 469
544583 licensee or any servant or agent of a licensee who sells or delivers any 470
545584 synthetic cannabinoid to any person shall be guilty of a class E felony. 471
546585 For purposes of this section, "synthetic cannabinoid" has the same 472
547586 meaning as provided in section 21a-240 of the general statutes. 473
548587 Sec. 16. Section 21a-418 of the general statutes is repealed. (Effective 474
549588 October 1, 2025) 475
550589 This act shall take effect as follows and shall amend the following
551590 sections:
591+
592+Raised Bill No. 7181
593+
594+
595+
596+LCO No. 5599 17 of 17
552597
553598 Section 1 July 1, 2025 21a-420(1)
554599 Sec. 2 July 1, 2025 New section
555600 Sec. 3 July 1, 2025 New section
556601 Sec. 4 July 1, 2025 New section
557602 Sec. 5 July 1, 2025 New section
558603 Sec. 6 July 1, 2025 54-41a(6)
559604 Sec. 7 October 1, 2025 21a-420c
560605 Sec. 8 October 1, 2025 21a-420p(f)(1)
561606 Sec. 9 October 1, 2025 21a-420r(d)
562607 Sec. 10 October 1, 2025 21a-420t(d) and (e)
563608 Sec. 11 October 1, 2025 12-285c
564609 Sec. 12 October 1, 2025 21a-415(a)
565610 Sec. 13 October 1, 2025 New section
566611 Sec. 14 October 1, 2025 21a-421aaa
567612 Sec. 15 October 1, 2025 New section
568613 Sec. 16 October 1, 2025 Repealer section
569614
570-Statement of Legislative Commissioners:
571-In Section 4, "if any," was added after "director of the task force," for
572-consistency.
615+Statement of Purpose:
616+To (1) establish a state-wide cannabis and hemp enforcement task force,
617+(2) require a municipality to submit a copy of an application for a court
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
621+transportation of tobacco products, electronic nicotine delivery systems
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
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.
573629
574-GL Joint Favorable Subst. -LCO
630+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
631+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
632+underlined.]
575633