Connecticut 2025 Regular Session

Connecticut House Bill HB07258 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO 1 of 2
	3	+	LCO No. 6866 1 of 5
4	4
5		-	General Assembly ~~Substitute~~ Bill No. 7258
	5	+	General Assembly Raised Bill No. 7258
6	6		January Session, 2025
	7	+	LCO No. 6866
	8	+
	9	+
	10	+	Referred to Committee on JUDICIARY
	11	+
	12	+
	13	+	Introduced by:
	14	+	(JUD)
7	15
8	16
9	17
10	18
11		-
12		-	AN ACT CONCERNING A STUDY CONCERNING DRIVING UNDER
13		-	THE INFLUENCE OF CANNABIS OR PSILOCYBIN.
	19	+	AN ACT CONCERNING DRIVING UNDER THE INFLUENCE OF OR
	20	+	WHILE CONSUMING CANNABIS.
14	21		Be it enacted by the Senate and House of Representatives in General
15	22		Assembly convened:
16	23
17	24		Section 1. (Effective from passage) The Department of Emergency 1
18	25		Services and Public Protection shall study the feasibility of instituting a 2
19		-	blood tetrahydrocannabinol (THC) level and psilocybin level at which 3
20		-	point a driver is per se driving while intoxicated, in a manner analogous 4
21		-	to blood alcohol content. In conducting such study, the department shall 5
22		-	examine the cannabis and psilocybin-related driving while under the 6
23		-	influence structure of the following states: Colorado, Illinois, Montana, 7
24		-	Nevada, Ohio and Washington. Not later than February 1, 2026, the 8
25		-	Commissioner of Emergency Services and Public Protection shall report 9
26		-	such study, in accordance with the provisions of section 11-4a of the 10
27		-	general statutes, to the joint standing committee of the General 11
28		-	Assembly having cognizance of matters relating to the judiciary with 12
29		-	recommendations and options for implementing per se blood levels of 13
30		-	THC and psilocybin for determination of when a person is driving 14
31		-	under the influence of cannabis or psilocybin in this state. 15
	26	+	blood tetrahydrocannabinol (THC) level at which point a driver is per 3
	27	+	se driving while intoxicated, in a manner analogous to blood alcohol 4
	28	+	content. In conducting such study, the department shall examine the 5
	29	+	cannabis-related driving while under the influence structure of the 6
	30	+	following states: Colorado, Illinois, Montana, Nevada, Ohio and 7
	31	+	Washington. Not later than February 1, 2026, the Commissioner of 8
	32	+	Emergency Services and Public Protection shall report such study, in 9
	33	+	accordance with the provisions of section 11-4a of the general statutes, 10
	34	+	to the joint standing committee of the General Assembly having 11
	35	+	cognizance of matters relating to the judiciary with recommendations 12
	36	+	and options for implementing a per se blood level of THC for 13
	37	+	determination of when a person is driving under the influence of 14
	38	+	cannabis in this state. 15
	39	+	Raised Bill No. 7258
	40	+
	41	+
	42	+
	43	+	LCO No. 6866 2 of 5
	44	+
	45	+	Sec. 2. Section 53a-213a of the general statutes is repealed and the 16
	46	+	following is substituted in lieu thereof (Effective October 1, 2025): 17
	47	+	(a) A person is guilty of smoking, otherwise inhaling or ingesting 18
	48	+	cannabis, as defined in section 21a-420, while operating a motor vehicle 19
	49	+	when he or she smokes, otherwise inhales or ingests cannabis, as 20
	50	+	defined in section 21a-420, while operating a motor vehicle upon a 21
	51	+	public highway of this state or upon any road of any specially chartered 22
	52	+	municipal association or of any district organized under the provisions 23
	53	+	of chapter 105, a purpose of which is the construction and maintenance 24
	54	+	of roads and sidewalks, or in any parking area for ten cars or more, or 25
	55	+	upon any private road on which a speed limit has been established in 26
	56	+	accordance with the provisions of section 14-218a or upon any school 27
	57	+	property. No person shall be convicted of smoking or otherwise 28
	58	+	inhaling or ingesting cannabis while operating a motor vehicle and 29
	59	+	possessing or having under such person's control a controlled substance 30
	60	+	upon the same transaction. A person may be charged and prosecuted 31
	61	+	for either or each such offense, a violation of operating a motor vehicle 32
	62	+	while under the influence of any drug and any other applicable offense 33
	63	+	upon the same information. 34
	64	+	(b) Smoking, otherwise inhaling or ingesting cannabis while 35
	65	+	operating a motor vehicle is a class C misdemeanor. 36
	66	+	(c) No peace officer shall stop a motor vehicle for a violation of this 37
	67	+	section if such violation is the sole reason for such stop, unless such 38
	68	+	officer (1) observes active cannabis consumption, and (2) detects the 39
	69	+	odor of burnt cannabis. 40
	70	+	Sec. 3. Section 53a-213b of the general statutes is repealed and the 41
	71	+	following is substituted in lieu thereof (Effective October 1, 2025): 42
	72	+	(a) A person is guilty of smoking or otherwise inhaling or ingesting 43
	73	+	cannabis, as defined in section 21a-420, in a motor vehicle when he or 44
	74	+	she smokes or otherwise inhales or ingests cannabis in a motor vehicle 45
	75	+	that is being operated by another person upon a public highway of this 46
	76	+	Raised Bill No. 7258
	77	+
	78	+
	79	+
	80	+	LCO No. 6866 3 of 5
	81	+
	82	+	state or upon any road of any specially chartered municipal association 47
	83	+	or of any district organized under the provisions of chapter 105, a 48
	84	+	purpose of which is the construction and maintenance of roads and 49
	85	+	sidewalks, or in any parking area for ten cars or more, or upon any 50
	86	+	private road on which a speed limit has been established in accordance 51
	87	+	with the provisions of section 14-218a or upon any school property. No 52
	88	+	person shall be convicted of smoking or otherwise inhaling or ingesting 53
	89	+	cannabis as a passenger in a motor vehicle and possessing or having 54
	90	+	under such person's control a controlled substance upon the same 55
	91	+	transaction, but such person may be charged and prosecuted for both 56
	92	+	offenses upon the same information. 57
	93	+	(b) Smoking or otherwise inhaling or ingesting cannabis in a motor 58
	94	+	vehicle is a class D misdemeanor. 59
	95	+	(c) No peace officer shall stop a motor vehicle for a violation of this 60
	96	+	section if such violation is the sole reason for such stop, unless such 61
	97	+	officer (1) observes active cannabis consumption, and (2) detects the 62
	98	+	odor of burnt cannabis. 63
	99	+	Sec. 4. Section 54-33p of the general statutes is repealed and the 64
	100	+	following is substituted in lieu thereof (Effective October 1, 2025): 65
	101	+	(a) Except as provided in subsection (c) of this section, the existence 66
	102	+	of any of the following circumstances shall not constitute in part or in 67
	103	+	whole probable cause or reasonable suspicion and shall not be used as 68
	104	+	a basis to support any stop or search of a person or motor vehicle: 69
	105	+	(1) The odor of cannabis or burnt cannabis, unless a law enforcement 70
	106	+	official observes active consumption of cannabis related to such odor; 71
	107	+	(2) The possession of or the suspicion of possession of cannabis 72
	108	+	without evidence that the quantity of cannabis is or suspected to be in 73
	109	+	excess of five ounces of cannabis plant material, as defined in section 74
	110	+	21a-279a, or an equivalent amount of cannabis products or a 75
	111	+	combination of cannabis and cannabis products, as provided in 76
	112	+	Raised Bill No. 7258
	113	+
	114	+
	115	+
	116	+	LCO No. 6866 4 of 5
	117	+
	118	+	subsection (i) of section 21a-279a; or 77
	119	+	(3) The presence of cash or currency in proximity to cannabis without 78
	120	+	evidence that such cash or currency exceeds five hundred dollars. 79
	121	+	(b) Any evidence discovered as a result of any stop or search 80
	122	+	conducted in violation of this section shall not be admissible in evidence 81
	123	+	in any trial, hearing or other proceeding in a court of this state. 82
	124	+	(c) A law enforcement official may conduct a test for impairment 83
	125	+	based on the odor of cannabis or burnt cannabis if such official 84
	126	+	reasonably suspects the operator of violating section 14-227a, 14-227m 85
	127	+	or 14-227n. 86
	128	+	(d) The provisions of this section shall not apply to a probation officer 87
	129	+	supervising a probationer who, as a condition of probation, is 88
	130	+	prohibited from using or possessing cannabis. 89
32	131		This act shall take effect as follows and shall amend the following
33	132		sections:
34	133
35		-	Section 1 from passage New section Substitute Bill No. 7258
	134	+	Section 1 from passage New section
	135	+	Sec. 2 October 1, 2025 53a-213a
	136	+	Sec. 3 October 1, 2025 53a-213b
	137	+	Sec. 4 October 1, 2025 54-33p
	138	+
	139	+	Statement of Purpose:
	140	+	To develop recommendations for implementation of a per se blood level
	141	+	of tetrahydrocannabinol (THC) for when a person is driving under the
	142	+	influence of cannabis, permit a stop of a motor vehicle if an officer
	143	+	observes cannabis consumption and detects the odor of burnt cannabis
	144	+	and provide that the observation by a law enforcement official of the
	145	+	odor of cannabis or burnt cannabis and active cannabis consumption
	146	+	may serve to constitute in part or in whole probable cause or reasonable
	147	+	suspicion in support of a stop or search of a person or motor vehicle.
	148	+
	149	+	Raised Bill No. 7258
36	150
37	151
38		-	LCO 2 of 2
39	152
	153	+	LCO No. 6866 5 of 5
40	154
41		-	JUD Joint Favorable Subst.
	155	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	156	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	157	+	underlined.]
42	158