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OLR Bill Analysis
sSB 970
AN ACT CONCERNING CANNABINOIDS, HEMP AND HEMP
PRODUCTS.
SUMMARY
This bill makes various changes to the hemp laws. Primarily, it does
the following:
1. deregulates high-THC hemp products by declassifying them as
marijuana or cannabis, as a result removing them from the
various licensing and regulatory requirements for those items
(e.g., that they must be sold only by licensed establishments,
tested, and sold only to those age 21 or older except under the
medical marijuana program);
2. defines “naturally manufactured hemp cannabinoids” and
requires manufacturer hemp products to be made from them;
3. modifies various definitions, including “cannabis,” “marijuana,”
and “synthetic cannabinoids”;
4. limits unlicensed manufactured hemp product sales to low-THC
hemp products; and
5. allows dispensaries and certain cannabis establishments to
market or store naturally manufactured hemp cannabinoids and
high-THC hemp products.
The bill also makes various minor, technical, and conforming
changes.
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§§ 1 & 5 — DEFINITIONS
Cannabis and Marijuana (§ 1)
Under existing law, the term “cannabis” has the same meaning as
“marijuana” (CGS § 21a-420). The bill narrows the statutory definition
of “marijuana” and “cannabis” by removing from the definition (1)
high-THC hemp products; (2) manufactured cannabinoids; (3)
cannabinon, cannabinol, cannabidiol (CBD), and similar compounds,
except CBD derived from hemp.
Under current law, marijuana and cannabis do not include, among
other things, hemp with a total THC concentration of up to 0.3% on a
dry-weight basis that is not a high-THC product. The bill instead
excludes from the definition hemp and manufacturer hemp products
(i.e. those intended for human ingestion, inhalation, absorption, or other
internal consumption with a THC concentration of up to 0.3% on a dry
weight basis).
The bill also excludes from the marijuana and cannabis definition,
naturally manufactured hemp cannabinoids (see below), including
moderate-THC hemp products and high-THC hemp products grown or
manufactured by a hemp manufacturer licensee.
By law and under the bill, a “high-THC hemp product” is a
manufacturer hemp product that has, or is advertised, labeled, or
offered for sale as having, total THC that exceeds (1) one milligram per
serving with up to five milligrams per-container or 0.3% on a dry-
weight basis for cannabis flower or cannabis trim and (2) is not a THC-
infused beverage.
Manufactured Cannabinoids and Naturally Manufactured Hemp
Cannabinoids (§§ 1 & 5)
The bill replaces the term “manufactured cannabinoids” with
“naturally manufactured hemp cannabinoids,” which it defines as
naturally occurring cannabinoids derived from hemp, including CBD,
cannabigerol (CBG), cannabigerovarin (CBGV), cannabinol (CBN),
cannabichromene (CBC), cannabimovone (CBM), cannabicyclol (CBL),
cannabidivarin (CBDV), THC, tetrahydrocannabivarin (THCV), and 2025SB-00970-R000605-BA.DOCX
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these cannabinoids’ acidic forms, manufactured by (1) decarboxylation
of naturally occurring acidic forms of cannabinoids using heat; (2)
solvent-based extraction methods, including ethanol and carbon
dioxide supercritical extraction; (3) solventless extraction methods,
including using ice water, rosin pressing, dry sifting, and steam
distillation; or (4) lipid infusion extraction using carrier oils to extract
cannabinoids through heat and infusion, whether in the form of an
extract or a manufacturer hemp product manufactured by a licensed
hemp individual or entity.
Synthetic Cannabinoid (§ 1)
By law, synthetic cannabinoids are classified as a schedule I
controlled substance (i.e. a drug with no current accepted medical use
and a high potential for abuse) and cannabis establishments are
prohibited from selling them (CGS §§ 21a-243 & 21a-421aa(f)).
The bill redefines “synthetic cannabinoid” by specifying the types of
processes used to create them and eliminating the requirements that
they have specific structural features and produce any physiological or
psychotropic response on at least one cannabinoid specific receptor.
Specifically, the bill defines “synthetic cannabinoid” as any
cannabinoid produced through chemical synthesis, conversion, or
isomerization of another cannabinoid or created without direct
extraction, including delta-8-THC, THC -O-acetate, and
hexahydrocannabinol (HHC) when produced by chemical conversion
of CBD or other cannabinoid and fully synthetic compounds that do not
exist naturally in the hemp plant. It does not include any naturally
manufactured hemp cannabinoid, any producer hemp product, or any
manufacturer hemp product manufactured by a licensed hemp
individual or entity.
Under current law, “synthetic cannabinoid” is any substance
converted by a chemical process to create a cannabinoid or cannabinoid-
like substance that has (1) structural features that allow interaction with
at least one of the known cannabinoid-specific receptors and (2) any
physiological or psychotropic response on at least one cannabinoid 2025SB-00970-R000605-BA.DOCX
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specific receptor. It includes hexahydrocannabinol (HHC and HXC) and
hydrox4phc (PHC) but does not include manufactured cannabinoids.
§§ 1-4 — HEMP PRODUCTS
Low-THC (§§ 2 & 3)
Under current law, any person who sells manufacturer hemp
products is not required to be licensed if, among other requirements, the
person only engages in retail or wholesale sale of manufacturer hemp
products where no further manufacturing occurs, as long as the
manufacturer hemp products are acquired from a person authorized to
manufacture them. The bill limits these sales to low-THC manufacturer
hemp products (i.e. those that have up to half a milligram total THC per
container).
As under existing law, the seller must acquire the manufacturer
hemp products for the sole purpose of reselling them as authorized
under federal and state law.
High-THC (§§ 1, 3 & 4)
The bill deregulates high-THC hemp products by declassifying them
as marijuana or cannabis, as a result removing them from the various
licensing and regulatory requirements for those items.
Out-of-State Sales. The bill allows high-THC hemp products to be
sold outside of the state by a hemp producer or manufacturer licensee if
they have a THC concentration of less than 0.3% on a dry-weight basis
and comply with the federal Agricultural Improvement Act of 2018.
Wholesale Sales. The bill also allows high-THC hemp products and
naturally manufactured hemp cannabinoids to be sold at wholesale by
hemp manufacturers located in Connecticut directly to medical
marijuana dispensaries and cannabis producers, cultivators, micro-
cultivators, and product manufacturers licensed in the state.
It is unclear where or if high-THC hemp products may be sold at
retail in the state under the bill. Current law treats them as cannabis and
only allows them to be sold at retail at cannabis retailers and hybrid
retailers. Additionally, the bill limits unlicensed sales to low-THC 2025SB-00970-R000605-BA.DOCX
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manufacturer hemp products (see above) and does not establish a
license or registration for these sales, like the law has for moderate-THC
(i.e. moderate-THC hemp product vendor registration).
Manufacturer Hemp Products (§§ 2-4)
The bill modifies the definition of “manufacturer hemp product” by
limiting it to a commodity manufactured from hemp and intended for
retail sale to consumers, and requiring it to be made with naturally
manufactured hemp cannabinoids (see above) with a full safety test
from an independent laboratory (see below). (The bill allows
manufacturer hemp products to also be tested by the Connecticut
Agricultural Experiment Station or a licensed hemp grower in another
state (see below), but the definition here does not reflect those options.)
As under current law, it must be for human ingestion, inhalation,
absorption, or other internal consumption and must have a THC
concentration of not more than 0.3% on a dry-weight basis.
The bill eliminates from current law’s definition that the hemp (1) is
manufactured for commercial or research purposes and (2) has a THC
concentration based on a per volume or weight basis.
Manufacture. The bill also modifies the definition of “manufacture”
by expanding the acceptable products and purposes and specifying
particular methods.
Under current law, “manufacture” means the conversion of the hemp
plant into a by-product by adding heat, solvents, or any extraction
method that modifies the plant’s original composition to create a
manufacture hemp product for commercial or research purposes.
The bill also includes in the definition the conversion of a hemp plant
into an extract, and specifies the modification process must be done with
one of the following:
1. decarboxylation of naturally occurring acidic forms of
cannabinoids using heat; 2025SB-00970-R000605-BA.DOCX
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2. solvent-based extraction methods, including ethanol and carbon
dioxide supercritical extraction;
3. solventless extraction methods, including using ice water, rosin
pressing, dry sifting, and steam distillation; or
4. lipid infusion extraction using carrier oils to extract cannabinoids
through heat and infusion.
Additionally, for the last method, the bill modifies the allowable
purposes, specifying that it must be for (1) creating a manufacturer
hemp product for research purposes or (2) selling naturally
manufactured hemp cannabinoids to any state-licensed dispensary
facility or cannabis producer, cultivator, micro-cultivator, or product
manufacturer.
Excessive THC Levels. The bill narrows the application of current
law’s requirements for hemp manufacturers with respect to disposing
of cannabis when a product has excessive THC. It applies this to just
manufacturer hemp products, rather than all hemp and hemp products.
By law, “hemp products” are all manufacturer hemp and producer
hemp products.
The bill also correspondingly requires the manufacturer of a
manufacturer hemp product that exceeds the allowable THC
concentration to embargo the product, label it adulterated, and have it
destroyed. The manufacturer also must notify both the Department of
Consumer Protection (DCP) and the Department of Agriculture in
writing of the adulterated product.
Packaging or Advertisements. Current law prohibits manufacturer
hemp products offered for sale in Connecticut, or to a Connecticut
consumer, to be packaged, presented, or advertised in a way likely to
mislead a consumer that the product (1) has a total THC concentration
greater than 0.3% on a dry-weight basis, or (2) is a high-THC hemp
product. The bill removes this restriction. (But by definition, a
manufacturer hemp product cannot have a THC concentration of more
than 0.3% on a dry weight basis.) 2025SB-00970-R000605-BA.DOCX
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Product Labeling. Existing law requires manufacturer hemp
products that are a food, beverage, oil, or other product intended for
human ingestion to have certain labels on the package. Current law
requires a clear and conspicuous statement disclosing that children or
those who are pregnant or breastfeeding should avoid using the product
before consulting with a health care professional about the product’s
safety. The bill eliminates the requirement that the statement include
reference to children.
Independent Testing Laboratory (§ 2)
The bill removes the requirement that an independent testing
laboratory comply with state medical marijuana regulations on
laboratory requirements. As under existing law, these laboratories must
still be accredited as a testing laboratory under International
Organization for Standardization (ISO) 17025 by a third-party
accrediting body like the American Association for Laboratory
Accreditation or the Assured Calibration and Laboratory Accreditation
Select Services and meet the requirements under federal regulation for
domestic hemp production (7 C.F.R. § 990.3).
Testing (§ 3)
The bill gives a manufacturer more testing options for hemp it
intends to manufacture into a manufacturer hemp product. Under
current law, a manufacturer must have the product tested by an
independent testing laboratory in Connecticut. The bill instead allows
the product to have passed a:
1. preharvest compliance test done by the Connecticut Agricultural
Experiment Station (CAES) or an equivalent test by a licensed
hemp grower in another state or
2. full panel test done by an independent testing laboratory.
The bill generally extends current law’s requirements for testing a
batch of hemp to testing manufacturer hemp product. This includes
requirements for (1) segregating the product while the hemp samples
are being tested (e.g., keeping the product in a secure, cool, and dry 2025SB-00970-R000605-BA.DOCX
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location); (2) retesting the product if the sample failed the
microbiological, mycotoxin, heavy metal, or pesticide chemical testing;
(3) remediating the product before it can be sold; and (4) disposing of it
if not remediated.
The bill makes various minor, technical, and conforming changes to
incorporate CAES and licensed hemp growers in another state into these
processes. But it only requires CAES, and not licensed growers in
another state, to:
1. dispose of the hemp or manufacturer hemp in a DCP-determined
way,
2. file with DCP an electronic copy of each failed laboratory test,
3. send these results to the manufacturer who requested the test,
and
4. keep the test results for three years and make them available to
DCP upon request.
THC and CBD (§ 3)
Under current law, CBD that is (1) found in manufacturer hemp
products is not considered a controlled substance or legend (i.e.
prescription) drug and (2) derived from hemp and contained in
manufacturer hemp products is not considered a controlled substance
or adulterant. The bill substitutes THC for CBD in this provision, and
also prohibits THC derived from hemp and contained in naturally
manufactured hemp cannabinoids from being considered a controlled
substance or adulterant.
§ 4 ― CERTAIN CANNABIS ES TABLISHMENTS AND HEM P
Current law allows any producer, cultivator, micro-cultivator, and
product manufacturer to manufacture, market, cultivate, or store hemp
and hemp products following existing hemp laws and regulations.
The bill (1) limits these establishments to only marketing or storing
hemp (i.e. they can no longer manufacture or cultivate hemp or hemp 2025SB-00970-R000605-BA.DOCX
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products); (2) allows them to also market or store naturally
manufactured hemp cannabinoids and high-THC hemp products
(rather than all hemp products) from a state-licensed hemp
manufacturer or producer, regardless of total THC content; and (3)
allows a dispensary to do these things as well.
The bill also requires a producer, cultivator, micro-cultivator, and
product manufacturer to obtain hemp and hemp products only from
someone authorized under Connecticut law to possess and sell them.
Under current law, they may also obtain the hemp and hemp products
from someone authorized under the laws of another U.S. state, territory,
or possession or other sovereign entity. (The bill does not make a
corresponding change to allow dispensaries to obtain hemp and hemp
products, so it is unclear where they would obtain these products.)
Third-Party Tracking
The bill imposes current law’s third-party tracking hemp
requirements on manufacturer hemp products (presumably, including
high-THC hemp products) and naturally manufactured hemp
cannabinoids. Current law requires a cannabis producer, cultivator,
micro-cultivator, or product manufacturer to track these products as a
separate batch throughout the manufacturing process to document their
disposition. The bill also applies this requirement to dispensaries. Under
existing law, once a cannabis establishment receives the hemp or hemp
product, the product is deemed cannabis. (The bill does not extend that
requirement to dispensaries.)
Similar to current law, the bill requires these establishments,
including a dispensary, to keep a copy of the certificate of analysis for a
purchased manufacturer hemp product (presumably, including high-
THC hemp products) and naturally manufactured hemp cannabinoids
and the invoice and transport documents to evidence the quantity
purchased and date received.
BACKGROUND
Related Bills
sHB 6855, favorably reported by the General Law Committee, allows 2025SB-00970-R000605-BA.DOCX
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individuals or entities who are not a moderate-THC hemp product
vendor or cannabis establishment to sell hemp flower under certain
conditions (e.g., verify purchaser is at least age 21) and prohibits
moderate-THC hemp products from claiming certain health benefits.
sHB 7178, favorably reported by the General Law Committee, also
eliminates the requirement that the manufacturer hemp product
disclosure include warnings directed at children.
HB 7181, favorably reported by the General Law Committee, makes
it a class E felony for a cannabis establishment to sell synthetic
cannabinoids to anyone (§ 15).
COMMITTEE ACTION
General Law Committee
Joint Favorable
Yea 15 Nay 7 (03/24/2025)