7 | 16 | | |
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8 | 17 | | |
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9 | 18 | | |
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10 | 19 | | AN ACT CONCERNING CANNABINOIDS, HEMP AND HEMP |
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11 | 20 | | PRODUCTS. |
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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. Subdivisions (29) to (62), inclusive, of section 21a-240 of the 1 |
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16 | 25 | | general statutes are repealed and the following is substituted in lieu 2 |
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17 | 26 | | thereof (Effective July 1, 2025): 3 |
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18 | 27 | | (29) "Marijuana" means all parts of any plant, or species of the genus 4 |
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19 | 28 | | cannabis or any infra specific taxon thereof, whether growing or not; the 5 |
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20 | 29 | | resin extracted from any part of the plant; every compound, 6 |
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21 | 30 | | manufacture, salt, derivative, mixture or preparation of such plant, or 7 |
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22 | 31 | | its resin. [; any high-THC hemp product; manufactured cannabinoids; 8 |
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23 | 32 | | or cannabinon, cannabinol or cannabidiol and chemical compounds 9 |
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24 | 33 | | which are similar to cannabinon, cannabinol or cannabidiol in chemical 10 |
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25 | 34 | | structure or which are similar thereto in physiological effect, which are 11 |
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26 | 35 | | controlled substances under this chapter, except cannabidiol derived 12 |
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27 | 36 | | from hemp, as defined in section 22-61l, that is not a high-THC hemp 13 |
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28 | 37 | | product.] "Marijuana" does not include: (A) The mature stalks of such 14 |
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29 | 38 | | plant, fiber produced from such stalks, oil or cake made from the seeds 15 |
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30 | 39 | | of such plant, any other compound, manufacture, salt, derivative, 16 |
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39 | 49 | | concentration of not more than three-tenths per cent on a dry-weight 21 |
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40 | 50 | | basis] and naturally manufactured hemp cannabinoids, including (i) 22 |
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41 | 51 | | moderate-THC hemp products, as defined in section 21a-426, and (ii) 23 |
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42 | 52 | | [that is not a] high-THC hemp [product] products grown or 24 |
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43 | 53 | | manufactured by a licensee, as defined in section 22-61l, as amended by 25 |
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44 | 54 | | this act; (D) any substance approved by the federal Food and Drug 26 |
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45 | 55 | | Administration or successor agency as a drug and reclassified in any 27 |
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46 | 56 | | schedule of controlled substances or unscheduled by the federal Drug 28 |
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47 | 57 | | Enforcement Administration or successor agency which is included in 29 |
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48 | 58 | | the same schedule designated by the federal Drug Enforcement 30 |
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49 | 59 | | Administration or successor agency; or (E) infused beverages, as 31 |
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50 | 60 | | defined in section 21a-425. 32 |
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51 | 61 | | (30) "Narcotic substance" means any of the following, whether 33 |
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52 | 62 | | produced directly or indirectly by extraction from a substance of 34 |
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53 | 63 | | vegetable origin, or independently by means of chemical synthesis, or 35 |
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54 | 64 | | by a combination of extraction and chemical synthesis: (A) Morphine-36 |
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55 | 65 | | type: (i) Opium or opiate, or any salt, compound, derivative, or 37 |
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56 | 66 | | preparation of opium or opiate which is similar to any such substance 38 |
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57 | 67 | | in chemical structure or which is similar to any such substance in 39 |
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58 | 68 | | physiological effect and which shows a like potential for abuse, which 40 |
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59 | 69 | | is a controlled substance under this chapter unless modified; (ii) any 41 |
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60 | 70 | | salt, compound, isomer, derivative, or preparation of any such 42 |
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61 | 71 | | substance which is chemically equivalent or identical to any substance 43 |
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62 | 72 | | referred to in clause (i) of this subparagraph, but not including the 44 |
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63 | 73 | | isoquinoline alkaloids of opium; (iii) opium poppy or poppy straw; or 45 |
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64 | 74 | | (iv) (I) fentanyl or any salt, compound, derivative or preparation of 46 |
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65 | 75 | | fentanyl which is similar to any such substance in chemical structure or 47 |
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66 | 76 | | which is similar to any such substance in physiological effect and which 48 |
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67 | 77 | | shows a like potential for abuse, which is a controlled substance under 49 |
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68 | 78 | | this chapter unless modified, or (II) any salt, compound, isomer, 50 |
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77 | 88 | | derivatives or preparation of any such substance which is chemically 55 |
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78 | 89 | | equivalent or identical to any such substance or which is similar to any 56 |
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79 | 90 | | such substance in physiological effect and which shows a like potential 57 |
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80 | 91 | | for abuse, but not including decocainized coca leaves or extractions of 58 |
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81 | 92 | | coca leaves which do not contain cocaine or ecgonine. 59 |
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82 | 93 | | (31) "Nurse" means a person performing nursing as defined in section 60 |
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83 | 94 | | 20-87a. 61 |
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84 | 95 | | (32) "Official written order" means an order for controlled substances 62 |
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85 | 96 | | written on a form provided by the bureau for that purpose under the 63 |
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86 | 97 | | federal Controlled Substances Act. 64 |
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87 | 98 | | (33) "Opiate" means any substance having an addiction-forming or 65 |
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88 | 99 | | addiction-sustaining liability similar to morphine or being capable of 66 |
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89 | 100 | | conversion into a drug having addiction-forming or addiction-67 |
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90 | 101 | | sustaining liability; it does not include, unless specifically designated as 68 |
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91 | 102 | | controlled under this chapter, the dextrorotatory isomer of 3-methoxy-69 |
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92 | 103 | | n-methylmorthinan and its salts (dextro-methorphan) but shall include 70 |
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93 | 104 | | its racemic and levorotatory forms. 71 |
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94 | 105 | | (34) "Opium poppy" means the plant of the species papaver 72 |
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95 | 106 | | somniferum l., except its seed. 73 |
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96 | 107 | | (35) Repealed by P.A. 99-102, S. 51. 74 |
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97 | 108 | | (36) "Other stimulant and depressant drugs" means controlled 75 |
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98 | 109 | | substances other than amphetamine-type, barbiturate-type, cannabis-76 |
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99 | 110 | | type, cocaine-type, hallucinogenics and morphine-type which are found 77 |
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100 | 111 | | to exert a stimulant and depressant effect upon the higher functions of 78 |
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101 | 112 | | the central nervous system and which are found to have a potential for 79 |
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102 | 113 | | abuse and are controlled substances under this chapter. 80 |
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111 | 123 | | the singular; words importing the masculine gender may be applied to 85 |
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112 | 124 | | females. 86 |
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113 | 125 | | (38) "Pharmacist" means a person authorized by law to practice 87 |
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114 | 126 | | pharmacy pursuant to section 20-590, 20-591, 20-592 or 20-593. 88 |
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115 | 127 | | (39) "Pharmacy" means an establishment licensed pursuant to section 89 |
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116 | 128 | | 20-594. 90 |
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117 | 129 | | (40) "Physician" means a person authorized by law to practice 91 |
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118 | 130 | | medicine in this state pursuant to section 20-9. 92 |
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119 | 131 | | (41) "Podiatrist" means a person authorized by law to practice 93 |
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120 | 132 | | podiatry in this state. 94 |
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121 | 133 | | (42) "Poppy straw" means all parts, except the seeds, of the opium 95 |
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122 | 134 | | poppy, after mowing. 96 |
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123 | 135 | | (43) "Practitioner" means: (A) A physician, dentist, veterinarian, 97 |
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124 | 136 | | podiatrist, scientific investigator or other person licensed, registered or 98 |
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125 | 137 | | otherwise permitted to distribute, dispense, conduct research with 99 |
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126 | 138 | | respect to or to administer a controlled substance in the course of 100 |
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127 | 139 | | professional practice or research in this state; and (B) a pharmacy, 101 |
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128 | 140 | | hospital or other institution licensed, registered or otherwise permitted 102 |
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129 | 141 | | to distribute, dispense, conduct research with respect to or to administer 103 |
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130 | 142 | | a controlled substance in the course of professional practice or research 104 |
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131 | 143 | | in this state. 105 |
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132 | 144 | | (44) "Prescribe" means order or designate a remedy or any 106 |
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133 | 145 | | preparation containing controlled substances. 107 |
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134 | 146 | | (45) "Prescription" means a written, oral or electronic order for any 108 |
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135 | 147 | | controlled substance or preparation from a licensed practitioner to a 109 |
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143 | 156 | | (47) "Registrant" means any person licensed by this state and 113 |
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144 | 157 | | assigned a current federal Bureau of Narcotics and Dangerous Drug 114 |
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145 | 158 | | Registry Number as provided under the federal Controlled Substances 115 |
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146 | 159 | | Act. 116 |
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147 | 160 | | (48) "Registry number" means the alphabetical or numerical 117 |
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148 | 161 | | designation of identification assigned to a person by the federal Drug 118 |
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149 | 162 | | Enforcement Administration, or other federal agency, which is 119 |
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150 | 163 | | commonly known as the federal registry number. 120 |
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151 | 164 | | (49) "Restricted drugs or substances" are the following substances 121 |
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152 | 165 | | without limitation and for all purposes: Datura stramonium; 122 |
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153 | 166 | | hyoscyamus niger; atropa belladonna, or the alkaloids atropine; 123 |
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154 | 167 | | hyoscyamine; belladonnine; apatropine; or any mixture of these 124 |
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155 | 168 | | alkaloids such as daturine, or the synthetic homatropine or any salts of 125 |
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156 | 169 | | these alkaloids, except that any drug or preparation containing any of 126 |
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157 | 170 | | the above-mentioned substances which is permitted by federal food and 127 |
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158 | 171 | | drug laws to be sold or dispensed without a prescription or written 128 |
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159 | 172 | | order shall not be a controlled substance; amyl nitrite; the following 129 |
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160 | 173 | | volatile substances to the extent that said chemical substances or 130 |
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161 | 174 | | compounds containing said chemical substances are sold, prescribed, 131 |
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162 | 175 | | dispensed, compounded, possessed or controlled or delivered or 132 |
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163 | 176 | | administered to another person with the purpose that said chemical 133 |
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164 | 177 | | substances shall be breathed, inhaled, sniffed or drunk to induce a 134 |
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165 | 178 | | stimulant, depressant or hallucinogenic effect upon the higher functions 135 |
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166 | 179 | | of the central nervous system: Acetone; benzene; butyl alcohol; butyl 136 |
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167 | 180 | | nitrate and its salts, isomers, esters, ethers or their salts; cyclohexanone; 137 |
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168 | 181 | | dichlorodifluoromethane; ether; ethyl acetate; formaldehyde; hexane; 138 |
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169 | 182 | | isopropanol; methanol; methyl cellosolve acetate; methyl ethyl ketone; 139 |
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170 | 183 | | methyl isobutyl ketone; nitrous oxide; pentochlorophenol; toluene; 140 |
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171 | 184 | | toluol; trichloroethane; trichloroethylene; 1,4 butanediol. 141 |
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179 | 193 | | (51) "State", when applied to a part of the United States, includes any 145 |
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180 | 194 | | state, district, commonwealth, territory or insular possession thereof, 146 |
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181 | 195 | | and any area subject to the legal authority of the United States of 147 |
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182 | 196 | | America. 148 |
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183 | 197 | | (52) "State food, drug and cosmetic laws" means the Uniform Food, 149 |
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184 | 198 | | Drug and Cosmetic Act, section 21a-91 et seq. 150 |
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185 | 199 | | (53) "Ultimate user" means a person who lawfully possesses a 151 |
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186 | 200 | | controlled substance for the person's own use or for the use of a member 152 |
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187 | 201 | | of such person's household or for administering to an animal owned by 153 |
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188 | 202 | | such person or by a member of such person's household. 154 |
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189 | 203 | | (54) "Veterinarian" means a person authorized by law to practice 155 |
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190 | 204 | | veterinary medicine in this state. 156 |
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191 | 205 | | (55) "Wholesaler" means a distributor or a person who supplies 157 |
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192 | 206 | | controlled substances that the person personally has not produced or 158 |
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193 | 207 | | prepared to registrants. 159 |
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194 | 208 | | (56) "Reasonable times" means the time or times any office, care-160 |
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195 | 209 | | giving institution, pharmacy, clinic, wholesaler, manufacturer, 161 |
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196 | 210 | | laboratory, warehouse, establishment, store or place of business, vehicle 162 |
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197 | 211 | | or other place is open for the normal affairs or business or the practice 163 |
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198 | 212 | | activities usually conducted by the registrant. 164 |
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199 | 213 | | (57) "Unit dose drug distribution system" means a drug distribution 165 |
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200 | 214 | | system used in a hospital or chronic and convalescent nursing home in 166 |
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201 | 215 | | which drugs are supplied in individually labeled unit of use packages, 167 |
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202 | 216 | | each patient's supply of drugs is exchanged between the hospital 168 |
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203 | 217 | | pharmacy and the drug administration area or, in the case of a chronic 169 |
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204 | 218 | | and convalescent nursing home between a pharmacy and the drug 170 |
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205 | 219 | | administration area, at least once each twenty-four hours and each 171 |
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214 | 229 | | such hospital at least thirty-five hours each week. 176 |
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215 | 230 | | (58) "Cocaine in a free-base form" means any substance which 177 |
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216 | 231 | | contains cocaine, or any compound, isomer, derivative or preparation 178 |
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217 | 232 | | thereof, in a nonsalt form. 179 |
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218 | 233 | | (59) "THC" means tetrahydrocannabinol, including, but not limited 180 |
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219 | 234 | | to, delta-7, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol 181 |
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220 | 235 | | and delta-10-tetrahydrocannabinol, and any material, compound, 182 |
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221 | 236 | | mixture or preparation which contain their salts, isomers and salts of 183 |
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222 | 237 | | isomers, whenever the existence of such salts, isomers and salts of 184 |
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223 | 238 | | isomers is possible within the specific chemical designation, regardless 185 |
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224 | 239 | | of the source, except: (A) Dronabinol substituted in sesame oil and 186 |
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225 | 240 | | encapsulated in a soft gelatin capsule in a federal Food and Drug 187 |
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226 | 241 | | Administration or successor agency approved product; or (B) any 188 |
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227 | 242 | | tetrahydrocannabinol product that has been approved by the federal 189 |
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228 | 243 | | Food and Drug Administration or successor agency to have a medical 190 |
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229 | 244 | | use and reclassified in any schedule of controlled substances or 191 |
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230 | 245 | | unscheduled by the federal Drug Enforcement Administration or 192 |
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231 | 246 | | successor agency. 193 |
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232 | 247 | | (60) "Total THC" means the sum of the percentage by weight of 194 |
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233 | 248 | | tetrahydrocannabinolic acid, multiplied by eight hundred seventy-195 |
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234 | 249 | | seven-thousandths, plus the percentage of weight of THC. 196 |
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235 | 250 | | (61) ["Manufactured cannabinoid" means cannabinoids created by 197 |
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236 | 251 | | directly converting one cannabinoid to a different cannabinoid through: 198 |
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237 | 252 | | (A) Application of light or heat; (B) decarboxylation of naturally 199 |
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238 | 253 | | occurring acidic forms of cannabinoids; or (C) an alternate extraction or 200 |
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239 | 254 | | conversion process approved by the Department of Consumer 201 |
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240 | 255 | | Protection and published on the department's Internet web site] 202 |
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241 | 256 | | "Naturally manufactured hemp cannabinoid" means naturally 203 |
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250 | 266 | | tetrahydrocannabivarin (THCV) and such cannabinoids' acidic forms, 208 |
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251 | 267 | | manufactured by (A) decarboxylation of naturally occurring acidic 209 |
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252 | 268 | | forms of cannabinoids using heat, (B) solvent-based extraction methods, 210 |
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253 | 269 | | including ethanol and carbon dioxide supercritical extraction, (C) 211 |
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254 | 270 | | solventless extraction methods, including use of ice water, rosin 212 |
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255 | 271 | | pressing, dry sifting and steam distillation, or (D) lipid infusion 213 |
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256 | 272 | | extraction using carrier oils to extract cannabinoids through heat and 214 |
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257 | 273 | | infusion, whether in the form of an extract or a manufacturer hemp 215 |
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258 | 274 | | product manufactured by an individual or entity that has a license to 216 |
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259 | 275 | | manufacture hemp in this state under chapter 424. 217 |
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260 | 276 | | (62) "Synthetic cannabinoid" (A) means [any substance converted, by 218 |
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261 | 277 | | a chemical process, to create a cannabinoid or cannabinoid-like 219 |
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262 | 278 | | substance that (i) has structural features which allow interaction with at 220 |
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263 | 279 | | least one of the known cannabinoid-specific receptors, or (ii) has any 221 |
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264 | 280 | | physiological or psychotropic response on at least one cannabinoid-222 |
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265 | 281 | | specific receptor, (B) includes, but is not limited to, 223 |
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266 | 282 | | hexahydrocannabinol (HHC and HXC) and hydrox4phc (PHC), and (C) 224 |
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267 | 283 | | does not include any manufactured cannabinoid] any cannabinoid 225 |
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268 | 284 | | produced through chemical synthesis, conversion or isomerization of 226 |
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269 | 285 | | another cannabinoid or created without direct extraction, including, but 227 |
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270 | 286 | | not limited to, delta-8-THC, THC-O-acetate and hexahydrocannabinol 228 |
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271 | 287 | | (HHC) when produced by chemical conversion of cannabidiol (CBD) or 229 |
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272 | 288 | | other cannabinoid and fully synthetic compounds that do not exist 230 |
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273 | 289 | | naturally in the hemp plant, and (B) does not include any naturally 231 |
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274 | 290 | | manufactured hemp cannabinoid, any producer hemp product, as 232 |
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275 | 291 | | defined in section 22-61l, as amended by this act, or any manufacturer 233 |
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276 | 292 | | hemp product manufactured by an individual or entity that has a license 234 |
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277 | 293 | | to manufacture hemp in this state under chapter 424. 235 |
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278 | 294 | | Sec. 2. Subsection (a) of section 22-61l of the general statutes is 236 |
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287 | 304 | | CFR 990.1, as amended from time to time: "Acceptable hemp THC level", 241 |
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288 | 305 | | "Agricultural marketing service", "Audit", "Cannabis", "Conviction", 242 |
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289 | 306 | | "Corrective action plan", "Culpable mental state greater than 243 |
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290 | 307 | | negligence", "Decarboxylated", "Decarboxylation", "Disposal", "Dry 244 |
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291 | 308 | | weight basis", "Gas chromatography", "Geospatial location", "Handle", 245 |
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292 | 309 | | "Liquid chromatography", "Immature plants", "Information sharing 246 |
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293 | 310 | | system", "Measurement of uncertainty", "Negligence", 247 |
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294 | 311 | | "Phytocannabinoid", "Postdecarboxylation", "Remediation", "Reverse 248 |
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295 | 312 | | distributor" and "Total THC". In addition, for the purpose of this section 249 |
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296 | 313 | | and section 22-61m, as amended by this act: 250 |
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297 | 314 | | (1) "Cannabidiol" or "CBD" means the nonpsychotropic compound by 251 |
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298 | 315 | | the same name; 252 |
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299 | 316 | | (2) "Certificate of analysis" means a certificate from a laboratory 253 |
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300 | 317 | | describing the results of the laboratory's testing of a sample; 254 |
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301 | 318 | | (3) "Commissioner" means the Commissioner of Agriculture, or the 255 |
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302 | 319 | | commissioner's designated agent; 256 |
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303 | 320 | | (4) "Cultivate" means to plant, grow, harvest, handle and store a plant 257 |
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304 | 321 | | or crop; 258 |
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305 | 322 | | (5) "Federal act" means the United States Agricultural Marketing Act 259 |
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306 | 323 | | of 1946, 7 USC 1639o et seq., as amended from time to time; 260 |
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307 | 324 | | (6) "Department" means the Department of Agriculture; 261 |
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308 | 325 | | (7) "Hemp" has the same meaning as provided in the federal act; 262 |
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309 | 326 | | (8) "Hemp products" means all manufacturer hemp products and 263 |
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310 | 327 | | producer hemp products; 264 |
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319 | 337 | | (i) Produces, distributes, manufactures or sells hemp or hemp 269 |
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320 | 338 | | products, or marijuana in any state or territory of the United States; or 270 |
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321 | 339 | | (ii) Cultivates, processes, distributes, dispenses or sells marijuana; 271 |
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322 | 340 | | and 272 |
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323 | 341 | | (B) That is [accredited as] a laboratory; [in compliance with section 273 |
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324 | 342 | | 21a-408-59 of the regulations of Connecticut state agencies;] 274 |
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325 | 343 | | (10) "Laboratory" means a laboratory that meets the requirements of 275 |
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326 | 344 | | 7 CFR 990.3 and that is accredited as a testing laboratory to International 276 |
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327 | 345 | | Organization for Standardization (ISO) 17025 by a third-party 277 |
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328 | 346 | | accrediting body such as the American Association for Laboratory 278 |
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329 | 347 | | Accreditation or the Assured Calibration and Laboratory Accreditation 279 |
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330 | 348 | | Select Services; 280 |
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331 | 349 | | (11) "Law enforcement agency" means the Connecticut State Police, 281 |
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332 | 350 | | the United States Drug Enforcement Administration, the Department of 282 |
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333 | 351 | | Agriculture, the Department of Consumer Protection Drug Control 283 |
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334 | 352 | | Division or any other federal, state or local law enforcement agency or 284 |
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335 | 353 | | drug suppression unit; 285 |
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336 | 354 | | (12) "Licensee" means an individual or entity that possesses a license 286 |
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337 | 355 | | to produce or manufacture hemp or hemp products in this state; 287 |
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338 | 356 | | (13) "Manufacture" means the conversion of the hemp plant into a by-288 |
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339 | 357 | | product or an extract by means of [adding heat, solvents or any method 289 |
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340 | 358 | | of extraction that modifies the original composition of the plant] (A) 290 |
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341 | 359 | | decarboxylation of naturally occurring acidic forms of cannabinoids 291 |
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342 | 360 | | using heat, (B) solvent-based extraction methods, including ethanol and 292 |
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343 | 361 | | carbon dioxide supercritical extraction, (C) solventless extraction 293 |
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354 | 373 | | chapter 420f, or to any producer, cultivator, micro-cultivator or product 300 |
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355 | 374 | | manufacturer, as such terms are defined in section 21a-420; 301 |
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356 | 375 | | (14) "Manufacturer" means a person in the state licensed by the 302 |
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357 | 376 | | Commissioner of Consumer Protection to manufacture, handle, store 303 |
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358 | 377 | | and market manufacturer hemp products pursuant to the provisions of 304 |
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359 | 378 | | section 22-61m, as amended by this act, and any regulation adopted 305 |
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360 | 379 | | pursuant to section 22-61m, as amended by this act; 306 |
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361 | 380 | | (15) "Marijuana" has the same meaning as provided in section 21a-307 |
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362 | 381 | | 240, as amended by this act; 308 |
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363 | 382 | | (16) "Market" or "marketing" means promoting, distributing or 309 |
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364 | 383 | | selling a hemp product within the state, in another state or outside of 310 |
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365 | 384 | | the United States and includes efforts to advertise and gather 311 |
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366 | 385 | | information about the needs or preferences of potential consumers or 312 |
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367 | 386 | | suppliers; 313 |
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368 | 387 | | (17) "Naturally manufactured hemp cannabinoid" has the same 314 |
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369 | 388 | | meaning as provided in section 21a-240, as amended by this act; 315 |
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370 | 389 | | [(17)] (18) "On-site manager" means the individual designated by the 316 |
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371 | 390 | | producer license applicant or producer responsible for on-site 317 |
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372 | 391 | | management and operations of a licensed producer; 318 |
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373 | 392 | | [(18)] (19) "Pesticide" has the same meaning as "pesticide chemical" as 319 |
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374 | 393 | | provided in section 21a-92; 320 |
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375 | 394 | | [(19)] (20) "Lot" means a contiguous area in a field, greenhouse or 321 |
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376 | 395 | | indoor growing structure containing the same variety or strain of hemp 322 |
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377 | 396 | | throughout the area; 323 |
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387 | 407 | | portion from plants in a hemp lot, that is collected in accordance with 329 |
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388 | 408 | | the procedures established by the commissioner; 330 |
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389 | 409 | | [(22)] (23) "Produce" means to cultivate hemp or create any producer 331 |
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390 | 410 | | hemp product; 332 |
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391 | 411 | | [(23)] (24) "State plan" means a state plan, as described in the federal 333 |
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392 | 412 | | act and as authorized pursuant to this section; 334 |
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393 | 413 | | [(24)] (25) "THC" means delta-9-tetrahydrocannabinol; 335 |
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394 | 414 | | [(25)] (26) "Controlled Substances Act" or "CSA" means the 336 |
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395 | 415 | | Controlled Substances Act as codified in 21 USC 801 et seq.; 337 |
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396 | 416 | | [(26)] (27) "Criminal history report" means the fingerprint-based state 338 |
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397 | 417 | | and national criminal history record information obtained in accordance 339 |
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398 | 418 | | with section 29-17a; 340 |
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399 | 419 | | [(27)] (28) "Drug Enforcement Administration" or "DEA" means the 341 |
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400 | 420 | | United States Drug Enforcement Administration; 342 |
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401 | 421 | | [(28)] (29) "Farm service agency" or "FSA" means an agency of the 343 |
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402 | 422 | | United States Department of Agriculture; 344 |
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403 | 423 | | [(29)] (30) "Key participant" means a sole proprietor, a partner in 345 |
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404 | 424 | | partnership or a person with executive managerial control in an entity, 346 |
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405 | 425 | | including persons such as a chief executive officer, chief operating 347 |
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406 | 426 | | officer and chief financial officer; 348 |
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407 | 427 | | [(30)] (31) "Manufacturer hemp product" (A) means a commodity 349 |
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408 | 428 | | manufactured from the hemp plant [, for commercial or research 350 |
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409 | 429 | | purposes,] that is intended for retail sale to consumers for human 351 |
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420 | 441 | | [(31)] (32) "Producer" means an individual or entity licensed by the 358 |
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421 | 442 | | commissioner to produce and market producer hemp products 359 |
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422 | 443 | | pursuant to the federal act, the state plan, the provisions of this section 360 |
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423 | 444 | | and the regulations adopted pursuant to this section; 361 |
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424 | 445 | | [(32)] (33) "Producer hemp product" means any of the following 362 |
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425 | 446 | | produced in this state: Raw hemp product, fiber-based hemp product or 363 |
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426 | 447 | | animal hemp food product, and each of which contains a THC 364 |
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427 | 448 | | concentration of not more than 0.3 per cent on a dry weight basis or per 365 |
---|
428 | 449 | | volume or weight of such producer hemp product; 366 |
---|
429 | 450 | | [(33)] (34) "USDA" means the United States Department of 367 |
---|
430 | 451 | | Agriculture; 368 |
---|
431 | 452 | | [(34)] (35) "Entity" means a corporation, joint stock company, 369 |
---|
432 | 453 | | association, limited partnership, limited liability partnership, limited 370 |
---|
433 | 454 | | liability company, irrevocable trust, estate, charitable organization or 371 |
---|
434 | 455 | | other similar organization, including any such organization 372 |
---|
435 | 456 | | participating in the hemp production as a partner in a general 373 |
---|
436 | 457 | | partnership, a participant in a joint venture or a participant in a similar 374 |
---|
437 | 458 | | organization; [and] 375 |
---|
438 | 459 | | [(35)] (36) "Homogenize" means to blend hemp into a mixture that 376 |
---|
439 | 460 | | has a uniform quality and content throughout such mixture; and 377 |
---|
440 | 461 | | (37) "Low-THC hemp product" means a manufacturer hemp product 378 |
---|
441 | 462 | | that has total THC, as defined in section 21a-240, as amended by this act, 379 |
---|
442 | 463 | | of not more than one-half of one milligram on a per-container basis. 380 |
---|
443 | 464 | | Sec. 3. Subsections (i) to (aa), inclusive, of section 22-61m of the 381 |
---|
454 | 476 | | manufacturer licensee in possession of hemp or hemp products who 388 |
---|
455 | 477 | | desires to dispose of obsolete, misbranded, excess or otherwise 389 |
---|
456 | 478 | | undesired product. Each manufacturer licensee shall be responsible for 390 |
---|
457 | 479 | | all costs of disposal of hemp samples and any hemp produced by such 391 |
---|
458 | 480 | | licensee that violates the provisions of this section or any regulation 392 |
---|
459 | 481 | | adopted pursuant to this section. Any cannabis or manufacturer hemp 393 |
---|
460 | 482 | | product that exceeds the prescribed THC concentration allowable [in 394 |
---|
461 | 483 | | hemp or hemp products] shall be immediately embargoed by such 395 |
---|
462 | 484 | | manufacturer and clearly labeled as adulterated by such licensee and 396 |
---|
463 | 485 | | such licensee shall immediately notify both the Department of 397 |
---|
464 | 486 | | Consumer Protection and the Department of Agriculture, in writing, of 398 |
---|
465 | 487 | | such adulterated product. Such adulterated product shall be destroyed 399 |
---|
466 | 488 | | and disposed of by the following method, as determined by the 400 |
---|
467 | 489 | | Commissioner of Consumer Protection: 401 |
---|
468 | 490 | | (A) Surrender, without compensation, of such [hemp or] 402 |
---|
469 | 491 | | manufacturer hemp product to the Commissioner of Consumer 403 |
---|
470 | 492 | | Protection who shall be responsible for the destruction and disposal of 404 |
---|
471 | 493 | | such adulterated product; or 405 |
---|
472 | 494 | | (B) By disposal in a manner prescribed by the Commissioner of 406 |
---|
473 | 495 | | Consumer Protection. 407 |
---|
474 | 496 | | (2) Notwithstanding the provisions of subdivision (1) of this 408 |
---|
475 | 497 | | subsection, upon written request of a manufacturer, the Commissioner 409 |
---|
476 | 498 | | of Consumer Protection may permit such manufacturer to combine 410 |
---|
477 | 499 | | different batches of raw hemp plant material to achieve a THC 411 |
---|
478 | 500 | | concentration of 0.3 per cent on a dry weight basis, in lieu of embargo 412 |
---|
479 | 501 | | or destruction. 413 |
---|
490 | 513 | | producers, cultivators, micro-cultivators and product manufacturers 420 |
---|
491 | 514 | | that are licensed in this state. 421 |
---|
492 | 515 | | (j) The manufacturer or manufacturer's authorized designee 422 |
---|
493 | 516 | | disposing of the hemp or hemp products shall maintain and make 423 |
---|
494 | 517 | | available to the Commissioner of Consumer Protection a record of each 424 |
---|
495 | 518 | | such disposal or destruction of product indicating: 425 |
---|
496 | 519 | | (1) The date, time and location of disposal or destruction; 426 |
---|
497 | 520 | | (2) The manner of disposal or destruction; 427 |
---|
498 | 521 | | (3) The batch or lot information and quantity of hemp or hemp 428 |
---|
499 | 522 | | product disposed of or destroyed; and 429 |
---|
500 | 523 | | (4) The signatures of the persons disposing of the hemp or hemp 430 |
---|
501 | 524 | | products, the authorized representative of the Commissioner of 431 |
---|
502 | 525 | | Consumer Protection and any other persons present during the 432 |
---|
503 | 526 | | disposal. 433 |
---|
504 | 527 | | (k) Any hemp intended to be manufactured by a manufacturer into a 434 |
---|
505 | 528 | | manufacturer hemp product shall [be tested by an independent testing 435 |
---|
506 | 529 | | laboratory located in this state. A manufacturer licensee shall make 436 |
---|
507 | 530 | | available samples, in an amount and type determined by the 437 |
---|
508 | 531 | | Commissioner of Consumer Protection, of hemp for an independent 438 |
---|
509 | 532 | | testing laboratory employee to select random samples. The independent 439 |
---|
510 | 533 | | testing laboratory shall test each sample in accordance with the 440 |
---|
511 | 534 | | laboratory testing standards established in policies, procedures and 441 |
---|
512 | 535 | | regulations adopted by the commissioner pursuant to section 21a-421j] 442 |
---|
513 | 536 | | have passed (1) a preharvest compliance test performed by the 443 |
---|
524 | 548 | | packaging and sale, until such time as the Connecticut Agricultural 450 |
---|
525 | 549 | | Experiment Station, licensed hemp grower or independent testing 451 |
---|
526 | 550 | | laboratory provides the results from its tests and analysis, the 452 |
---|
527 | 551 | | manufacturer shall segregate and withhold from [use] sale the entire 453 |
---|
528 | 552 | | batch [of hemp that is intended for use as a manufacturer hemp product] 454 |
---|
529 | 553 | | of such manufacturer hemp product, except the samples that have been 455 |
---|
530 | 554 | | removed by the Connecticut Agricultural Experiment Station, licensed 456 |
---|
531 | 555 | | hemp grower or independent testing laboratory for testing. During this 457 |
---|
532 | 556 | | period of segregation, the manufacturer licensee shall maintain the 458 |
---|
533 | 557 | | [hemp] batch in a secure, cool and dry location, as prescribed by the 459 |
---|
534 | 558 | | Commissioner of Consumer Protection, so as to prevent the 460 |
---|
535 | 559 | | manufacturer hemp product from becoming adulterated. Such 461 |
---|
536 | 560 | | manufacturer shall not [manufacture or] sell a manufacturer hemp 462 |
---|
537 | 561 | | product prior to the time that the Connecticut Agricultural Experiment 463 |
---|
538 | 562 | | Station, licensed hemp grower or independent testing laboratory 464 |
---|
539 | 563 | | completes testing and analysis and provides such results, in writing, to 465 |
---|
540 | 564 | | the manufacturer licensee who initiated such testing. 466 |
---|
541 | 565 | | (m) [An] The Connecticut Agricultural Experiment Station, licensed 467 |
---|
542 | 566 | | hemp grower or independent testing laboratory shall immediately 468 |
---|
543 | 567 | | return or dispose of any hemp or manufacturer hemp product upon the 469 |
---|
544 | 568 | | completion of any testing, use or research. If [an] the Connecticut 470 |
---|
545 | 569 | | Agricultural Experiment Station or independent testing laboratory 471 |
---|
546 | 570 | | disposes of hemp or manufacturer hemp products, the station or 472 |
---|
547 | 571 | | laboratory shall dispose of such hemp in the following manner, as 473 |
---|
548 | 572 | | determined by the Commissioner of Consumer Protection: 474 |
---|
549 | 573 | | (1) By surrender, without compensation, of such hemp or 475 |
---|
560 | 585 | | metal or pesticide chemical residue test, based on the laboratory testing 482 |
---|
561 | 586 | | standards established in policies, procedures and regulations adopted 483 |
---|
562 | 587 | | by the Commissioner of Consumer Protection pursuant to section 21a-484 |
---|
563 | 588 | | 421j, the manufacturer licensee who sent such batch for testing shall: 485 |
---|
564 | 589 | | (1) Retest and reanalyze the manufacturer hemp product from which 486 |
---|
565 | 590 | | the sample was taken by having an employee from the same laboratory 487 |
---|
566 | 591 | | randomly select another sample from the same manufacturer hemp 488 |
---|
567 | 592 | | product batch. If the sample used to retest or reanalyze such 489 |
---|
568 | 593 | | manufacturer hemp product yields satisfactory results for all testing 490 |
---|
569 | 594 | | required under this section, an employee from a different laboratory 491 |
---|
570 | 595 | | shall randomly select a different sample from the same manufacturer 492 |
---|
571 | 596 | | hemp product batch for testing. If both samples yield satisfactory results 493 |
---|
572 | 597 | | for all testing required under this section, the [hemp] batch from which 494 |
---|
573 | 598 | | the samples were taken shall be released for [manufacturing, processing 495 |
---|
574 | 599 | | and] sale; 496 |
---|
575 | 600 | | (2) If a remediation plan sufficient to ensure public health and safety 497 |
---|
576 | 601 | | is submitted to and approved by the commissioner, remediate the 498 |
---|
577 | 602 | | manufacturer hemp product batch from which the sample was taken 499 |
---|
578 | 603 | | and have a laboratory employee randomly select a sample from such 500 |
---|
579 | 604 | | remediated manufacturer hemp product batch for testing. If such 501 |
---|
580 | 605 | | randomly selected sample yields satisfactory results for any testing 502 |
---|
581 | 606 | | required under this section, an employee from a different laboratory 503 |
---|
582 | 607 | | shall randomly select a different sample from the same manufacturer 504 |
---|
583 | 608 | | hemp product batch for testing. If both samples yield satisfactory results 505 |
---|
584 | 609 | | for all testing required under this section, the [hemp] batch from which 506 |
---|
585 | 610 | | the samples were taken may be released for [manufacturing, processing 507 |
---|
597 | 623 | | (o) If a sample passes the microbiological, mycotoxin, heavy metal 515 |
---|
598 | 624 | | and pesticide chemical residue test, the Connecticut Agricultural 516 |
---|
599 | 625 | | Experiment Station, licensed hemp grower or independent testing 517 |
---|
600 | 626 | | laboratory shall release the entire batch for [manufacturing, processing 518 |
---|
601 | 627 | | or] sale. 519 |
---|
602 | 628 | | (p) The Connecticut Agricultural Experiment Station or independent 520 |
---|
603 | 629 | | testing laboratory shall file with the Department of Consumer 521 |
---|
604 | 630 | | Protection an electronic copy of each laboratory test result for any batch 522 |
---|
605 | 631 | | that does not pass the microbiological, mycotoxin, heavy metal or 523 |
---|
606 | 632 | | pesticide chemical residue test, at the same time that it transmits such 524 |
---|
607 | 633 | | results to the manufacturer licensee who requested such testing. [Each] 525 |
---|
608 | 634 | | The Connecticut Agricultural Experiment Station and each independent 526 |
---|
609 | 635 | | testing laboratory shall maintain the test results of each tested batch for 527 |
---|
610 | 636 | | a period of three years and shall make such results available to the 528 |
---|
611 | 637 | | Department of Consumer Protection upon request. 529 |
---|
612 | 638 | | (q) Manufacturers shall maintain records required by the federal act, 530 |
---|
613 | 639 | | this section, any regulation adopted pursuant to this section and the 531 |
---|
614 | 640 | | policies, procedures and regulations adopted by the Commissioner of 532 |
---|
615 | 641 | | Consumer Protection pursuant to section 21a-421j. Each manufacturer 533 |
---|
616 | 642 | | shall make such records available to the Department of Consumer 534 |
---|
617 | 643 | | Protection immediately upon request and in electronic format, if 535 |
---|
618 | 644 | | available. 536 |
---|
619 | 645 | | (r) The Commissioner of Consumer Protection may adopt 537 |
---|
620 | 646 | | regulations, in accordance with the provisions of chapter 54, to 538 |
---|
640 | | - | and Consumer Protection shall submit a report, in accordance with the 554 |
---|
641 | | - | provisions of section 11-4a, to the joint standing committee of the 555 |
---|
642 | | - | [general assembly] General Assembly having cognizance of matters 556 |
---|
643 | | - | relating to the environment on the status of the pilot program, the 557 |
---|
644 | | - | development of the state plan and any regulations for such pilot 558 |
---|
645 | | - | program or state plan. Such report shall also include any legislative 559 |
---|
646 | | - | recommendations, including, but not limited to, any recommendations 560 |
---|
647 | | - | for requiring the registration of any manufacturer hemp product offered 561 |
---|
648 | | - | for sale in this state. 562 |
---|
649 | | - | (u) (1) Any person who sells manufacturer hemp products shall not 563 |
---|
650 | | - | be required to be licensed, provided such person only engages in: (A) 564 |
---|
651 | | - | The retail or wholesale sale of low-THC manufacturer hemp products 565 |
---|
652 | | - | in which no further manufacturing of hemp occurs, provided such low-566 |
---|
653 | | - | THC manufacturer hemp products are acquired from a person 567 |
---|
654 | | - | authorized to manufacture the manufacturer hemp products under the 568 |
---|
655 | | - | laws of this state or another state, territory or possession of the United 569 |
---|
656 | | - | States or another sovereign entity; (B) the acquisition of manufacturer 570 |
---|
657 | | - | hemp products for the sole purpose of product distribution for resale; 571 |
---|
658 | | - | and (C) the retail sale of manufacturer hemp products that is authorized 572 |
---|
659 | | - | under federal or state law. 573 |
---|
660 | | - | (2) The Commissioner of Consumer Protection or Commissioner of 574 |
---|
661 | | - | Revenue Services may, pursuant to section 4-182, summarily suspend 575 |
---|
662 | | - | any credential the Department of Consumer Protection or Department 576 |
---|
663 | | - | of Revenue Services, respectively, issued to any person who violates any 577 |
---|
664 | | - | provision of this section or chapter 214c, 228d, 420f or 420h. 578 Substitute Bill No. 970 |
---|
| 667 | + | and Consumer Protection shall submit a report, in accordance with 554 |
---|
| 668 | + | section 11-4a, to the joint standing committee of the [general assembly] 555 |
---|
| 669 | + | General Assembly having cognizance of matters relating to the 556 |
---|
| 670 | + | environment on the status of the pilot program, the development of the 557 |
---|
| 671 | + | state plan and any regulations for such pilot program or state plan. Such 558 |
---|
| 672 | + | report shall also include any legislative recommendations, including, 559 |
---|
| 673 | + | but not limited to, any recommendations for requiring the registration 560 |
---|
| 674 | + | of any manufacturer hemp product offered for sale in this state. 561 |
---|
| 675 | + | (u) (1) Any person who sells manufacturer hemp products shall not 562 |
---|
| 676 | + | be required to be licensed, provided such person only engages in: (A) 563 |
---|
| 677 | + | The retail or wholesale sale of low-THC manufacturer hemp products 564 |
---|
| 678 | + | in which no further manufacturing of hemp occurs, provided such low-565 |
---|
| 679 | + | THC manufacturer hemp products are acquired from a person 566 |
---|
| 680 | + | authorized to manufacture the manufacturer hemp products under the 567 |
---|
| 681 | + | laws of this state or another state, territory or possession of the United 568 |
---|
| 682 | + | States or another sovereign entity; (B) the acquisition of manufacturer 569 |
---|
| 683 | + | hemp products for the sole purpose of product distribution for resale; 570 |
---|
| 684 | + | Committee Bill No. 970 |
---|
669 | | - | (v) No manufacturer hemp product offered for sale in this state, or to 579 |
---|
670 | | - | a consumer in this state, shall contain any synthetic cannabinoid, as 580 |
---|
671 | | - | defined in section 21a-240, as amended by this act. 581 |
---|
672 | | - | (w) No manufacturer hemp product offered for sale in this state, or 582 |
---|
673 | | - | to a consumer in this state, shall be packaged, presented or advertised 583 |
---|
674 | | - | in a manner that is likely to mislead a consumer by incorporating any 584 |
---|
675 | | - | statement, brand, design, representation, picture, illustration or other 585 |
---|
676 | | - | depiction that: (1) Bears a reasonable resemblance to trademarked or 586 |
---|
677 | | - | characteristic packaging of (A) cannabis offered for sale (i) in this state 587 |
---|
678 | | - | by a cannabis establishment licensed in this state, or (ii) on tribal land 588 |
---|
679 | | - | by a tribal-credentialed cannabis entity, or (B) a commercially available 589 |
---|
680 | | - | product other than a cannabis product, as defined in section 21a-420; or 590 |
---|
681 | | - | (2) implies that the manufacturer hemp product [(A)] is a cannabis 591 |
---|
682 | | - | product, as defined in section 21a-420. [, (B) contains a total THC 592 |
---|
683 | | - | concentration greater than three-tenths per cent on a dry-weight basis, 593 |
---|
684 | | - | or (C) is a high-THC hemp product, as defined in section 21a-240.] 594 |
---|
685 | | - | (x) No manufacturer hemp product that is a food, beverage, oil or 595 |
---|
686 | | - | other product intended for human ingestion shall be distributed or sold 596 |
---|
687 | | - | in this state unless such product is contained within a package, or a label 597 |
---|
688 | | - | is affixed to such package, that includes: 598 |
---|
689 | | - | (1) A scannable barcode, Internet web site address or quick response 599 |
---|
690 | | - | code that is linked to the certificate of analysis of the final form product 600 |
---|
691 | | - | batch by an independent testing laboratory and discloses: 601 |
---|
692 | | - | (A) The name of such product; 602 |
---|
693 | | - | (B) The name, address and telephone number of such product's 603 |
---|
694 | | - | manufacturer, packer and distributor, as applicable; 604 |
---|
695 | | - | (C) The batch number, which shall match the batch number on such 605 |
---|
696 | | - | package or label; and 606 |
---|
697 | | - | (D) The concentration of cannabinoids present in such product, 607 |
---|
698 | | - | including, but not limited to, total THC and any cannabinoids or active 608 Substitute Bill No. 970 |
---|
| 689 | + | and (C) the retail sale of manufacturer hemp products that is authorized 571 |
---|
| 690 | + | under federal or state law. 572 |
---|
| 691 | + | (2) The Commissioner of Consumer Protection or Commissioner of 573 |
---|
| 692 | + | Revenue Services may, pursuant to section 4-182, summarily suspend 574 |
---|
| 693 | + | any credential the Department of Consumer Protection or Department 575 |
---|
| 694 | + | of Revenue Services, respectively, issued to any person who violates any 576 |
---|
| 695 | + | provision of this section or chapter 214c, 228d, 420f or 420h. 577 |
---|
| 696 | + | (v) No manufacturer hemp product offered for sale in this state, or to 578 |
---|
| 697 | + | a consumer in this state, shall contain any synthetic cannabinoid, as 579 |
---|
| 698 | + | defined in section 21a-240, as amended by this act. 580 |
---|
| 699 | + | (w) No manufacturer hemp product offered for sale in this state, or 581 |
---|
| 700 | + | to a consumer in this state, shall be packaged, presented or advertised 582 |
---|
| 701 | + | in a manner that is likely to mislead a consumer by incorporating any 583 |
---|
| 702 | + | statement, brand, design, representation, picture, illustration or other 584 |
---|
| 703 | + | depiction that: (1) Bears a reasonable resemblance to trademarked or 585 |
---|
| 704 | + | characteristic packaging of (A) cannabis offered for sale (i) in this state 586 |
---|
| 705 | + | by a cannabis establishment licensed in this state, or (ii) on tribal land 587 |
---|
| 706 | + | by a tribal-credentialed cannabis entity, or (B) a commercially available 588 |
---|
| 707 | + | product other than a cannabis product, as defined in section 21a-420; or 589 |
---|
| 708 | + | (2) implies that the manufacturer hemp product [(A)] is a cannabis 590 |
---|
| 709 | + | product, as defined in section 21a-420. [, (B) contains a total THC 591 |
---|
| 710 | + | concentration greater than three-tenths per cent on a dry-weight basis, 592 |
---|
| 711 | + | or (C) is a high-THC hemp product, as defined in section 21a-240.] 593 |
---|
| 712 | + | (x) No manufacturer hemp product that is a food, beverage, oil or 594 |
---|
| 713 | + | other product intended for human ingestion shall be distributed or sold 595 |
---|
| 714 | + | in this state unless such product is contained within a package, or a label 596 |
---|
| 715 | + | is affixed to such package, that includes: 597 |
---|
| 716 | + | (1) A scannable barcode, Internet web site address or quick response 598 |
---|
| 717 | + | code that is linked to the certificate of analysis of the final form product 599 |
---|
| 718 | + | batch by an independent testing laboratory and discloses: 600 |
---|
| 719 | + | Committee Bill No. 970 |
---|
703 | | - | ingredients comprising at least one per cent of such product; 609 |
---|
704 | | - | (2) The expiration or best by date for such product, if applicable; 610 |
---|
705 | | - | (3) A clear and conspicuous statement disclosing that: 611 |
---|
706 | | - | (A) [Children, or those] Those who are pregnant or breastfeeding [,] 612 |
---|
707 | | - | should avoid using such product prior to consulting with a health care 613 |
---|
708 | | - | professional concerning such product's safety; 614 |
---|
709 | | - | (B) Products containing cannabinoids should be kept out of reach of 615 |
---|
710 | | - | children; and 616 |
---|
711 | | - | (C) The federal Food and Drug Administration has not evaluated 617 |
---|
712 | | - | such product for safety or efficacy; and 618 |
---|
713 | | - | (4) If such product is intended to be inhaled, a clear and conspicuous 619 |
---|
714 | | - | warning statement disclosing that smoking or vaporizing is hazardous 620 |
---|
715 | | - | to human health. 621 |
---|
716 | | - | (y) No manufacturer hemp product that is a topical, soap or cosmetic, 622 |
---|
717 | | - | as defined in section 21a-92, shall be distributed or sold in this state 623 |
---|
718 | | - | unless such product is contained within a package, or a label is affixed 624 |
---|
719 | | - | to such package, that includes: 625 |
---|
720 | | - | (1) A scannable barcode, Internet web site address or quick response 626 |
---|
721 | | - | code that is linked to the certificate of analysis of the final form extract 627 |
---|
722 | | - | or final form product batch by an independent testing laboratory and 628 |
---|
723 | | - | discloses: 629 |
---|
724 | | - | (A) The name of such product; 630 |
---|
725 | | - | (B) The name, address and telephone number of such product's 631 |
---|
726 | | - | manufacturer, packer and distributor, as applicable; 632 |
---|
727 | | - | (C) The batch number, which shall match the batch number on such 633 |
---|
728 | | - | package or label; and 634 |
---|
729 | | - | (D) The concentration of cannabinoids present in such batch, 635 Substitute Bill No. 970 |
---|
| 724 | + | (A) The name of such product; 601 |
---|
| 725 | + | (B) The name, address and telephone number of such product's 602 |
---|
| 726 | + | manufacturer, packer and distributor, as applicable; 603 |
---|
| 727 | + | (C) The batch number, which shall match the batch number on such 604 |
---|
| 728 | + | package or label; and 605 |
---|
| 729 | + | (D) The concentration of cannabinoids present in such product, 606 |
---|
| 730 | + | including, but not limited to, total THC and any cannabinoids or active 607 |
---|
| 731 | + | ingredients comprising at least one per cent of such product; 608 |
---|
| 732 | + | (2) The expiration or best by date for such product, if applicable; 609 |
---|
| 733 | + | (3) A clear and conspicuous statement disclosing that: 610 |
---|
| 734 | + | (A) [Children, or those] Those who are pregnant or breastfeeding [,] 611 |
---|
| 735 | + | should avoid using such product prior to consulting with a health care 612 |
---|
| 736 | + | professional concerning such product's safety; 613 |
---|
| 737 | + | (B) Products containing cannabinoids should be kept out of reach of 614 |
---|
| 738 | + | children; and 615 |
---|
| 739 | + | (C) The federal Food and Drug Administration has not evaluated 616 |
---|
| 740 | + | such product for safety or efficacy; and 617 |
---|
| 741 | + | (4) If such product is intended to be inhaled, a clear and conspicuous 618 |
---|
| 742 | + | warning statement disclosing that smoking or vaporizing is hazardous 619 |
---|
| 743 | + | to human health. 620 |
---|
| 744 | + | (y) No manufacturer hemp product that is a topical, soap or cosmetic, 621 |
---|
| 745 | + | as defined in section 21a-92, shall be distributed or sold in this state 622 |
---|
| 746 | + | unless such product is contained within a package, or a label is affixed 623 |
---|
| 747 | + | to such package, that includes: 624 |
---|
| 748 | + | (1) A scannable barcode, Internet web site address or quick response 625 |
---|
| 749 | + | code that is linked to the certificate of analysis of the final form extract 626 |
---|
| 750 | + | or final form product batch by an independent testing laboratory and 627 |
---|
| 751 | + | Committee Bill No. 970 |
---|
734 | | - | including, but not limited to, total THC and any marketed cannabinoids; 636 |
---|
735 | | - | (2) The expiration or best by date for such product, if applicable; and 637 |
---|
736 | | - | (3) A clear and conspicuous statement disclosing the following: 638 |
---|
737 | | - | "THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY 639 |
---|
738 | | - | OR EFFICACY.". 640 |
---|
739 | | - | (z) Not later than October 31, 2023, and annually thereafter, the 641 |
---|
740 | | - | Department of Emergency Services and Public Protection shall, in 642 |
---|
741 | | - | consultation with the Department of Consumer Protection, publish a 643 |
---|
742 | | - | training bulletin to inform local law enforcement agencies and officers 644 |
---|
743 | | - | regarding the investigation and enforcement standards concerning 645 |
---|
744 | | - | cannabis and high-THC hemp products. 646 |
---|
745 | | - | (aa) Notwithstanding any provision of the general statutes: (1) [CBD] 647 |
---|
746 | | - | THC that is found in manufacturer hemp products shall not be 648 |
---|
747 | | - | considered a controlled substance, as defined in section 21a-240, as 649 |
---|
748 | | - | amended by this act, or legend drug, as defined in section 20-571; and 650 |
---|
749 | | - | (2) [CBD] THC derived from hemp and contained in naturally 651 |
---|
750 | | - | manufactured hemp cannabinoids or manufacturer hemp products 652 |
---|
751 | | - | shall not be considered a controlled substance or adulterant. 653 |
---|
752 | | - | Sec. 4. Subsections (b) and (c) of section 22-61n of the general statutes 654 |
---|
753 | | - | are repealed and the following is substituted in lieu thereof (Effective July 655 |
---|
754 | | - | 1, 2025): 656 |
---|
755 | | - | (b) Any dispensary, producer, cultivator, micro-cultivator and 657 |
---|
756 | | - | product manufacturer may [manufacture,] market [, cultivate] or store 658 |
---|
757 | | - | hemp and high-THC hemp products, and naturally manufactured 659 |
---|
758 | | - | hemp cannabinoids, as defined in section 21a-240, as amended by this 660 |
---|
759 | | - | act, regardless of total THC content, from licensees in accordance with 661 |
---|
760 | | - | the provisions of this chapter and any regulations adopted pursuant to 662 |
---|
761 | | - | said chapter. A producer, cultivator, micro-cultivator and product 663 |
---|
762 | | - | manufacturer that obtains hemp and hemp products shall only obtain 664 |
---|
763 | | - | such hemp and hemp products from a person authorized under the laws 665 Substitute Bill No. 970 |
---|
| 756 | + | discloses: 628 |
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| 757 | + | (A) The name of such product; 629 |
---|
| 758 | + | (B) The name, address and telephone number of such product's 630 |
---|
| 759 | + | manufacturer, packer and distributor, as applicable; 631 |
---|
| 760 | + | (C) The batch number, which shall match the batch number on such 632 |
---|
| 761 | + | package or label; and 633 |
---|
| 762 | + | (D) The concentration of cannabinoids present in such batch, 634 |
---|
| 763 | + | including, but not limited to, total THC and any marketed cannabinoids; 635 |
---|
| 764 | + | (2) The expiration or best by date for such product, if applicable; and 636 |
---|
| 765 | + | (3) A clear and conspicuous statement disclosing the following: 637 |
---|
| 766 | + | "THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY 638 |
---|
| 767 | + | OR EFFICACY.". 639 |
---|
| 768 | + | (z) Not later than October 31, 2023, and annually thereafter, the 640 |
---|
| 769 | + | Department of Emergency Services and Public Protection shall, in 641 |
---|
| 770 | + | consultation with the Department of Consumer Protection, publish a 642 |
---|
| 771 | + | training bulletin to inform local law enforcement agencies and officers 643 |
---|
| 772 | + | regarding the investigation and enforcement standards concerning 644 |
---|
| 773 | + | cannabis and high-THC hemp products. 645 |
---|
| 774 | + | (aa) Notwithstanding any provision of the general statutes: (1) [CBD] 646 |
---|
| 775 | + | THC that is found in manufacturer hemp products shall not be 647 |
---|
| 776 | + | considered a controlled substance, as defined in section 21a-240, as 648 |
---|
| 777 | + | amended by this act, or legend drug, as defined in section 20-571; and 649 |
---|
| 778 | + | (2) [CBD] THC derived from hemp and contained in naturally 650 |
---|
| 779 | + | manufactured hemp cannabinoids or manufacturer hemp products 651 |
---|
| 780 | + | shall not be considered a controlled substance or adulterant. 652 |
---|
| 781 | + | Sec. 4. Subsections (b) and (c) of section 22-61n of the general statutes 653 |
---|
| 782 | + | are repealed and the following is substituted in lieu thereof (Effective July 654 |
---|
| 783 | + | 1, 2025): 655 |
---|
| 784 | + | Committee Bill No. 970 |
---|
768 | | - | of this state [or another state, territory or possession of the United States 666 |
---|
769 | | - | or another sovereign entity] to possess and sell such hemp and hemp 667 |
---|
770 | | - | products. 668 |
---|
771 | | - | (c) Hemp, [or] manufacturer hemp products and naturally 669 |
---|
772 | | - | manufactured hemp cannabinoids, as defined in section 21a-240, as 670 |
---|
773 | | - | amended by this act, purchased by a dispensary, producer, cultivator, 671 |
---|
774 | | - | micro-cultivator, product manufacturer or food and beverage 672 |
---|
775 | | - | manufacturer from a third party shall be tracked as a separate batch 673 |
---|
776 | | - | throughout the manufacturing process in order to document the 674 |
---|
777 | | - | disposition of such hemp, [or] manufacturer hemp products or 675 |
---|
778 | | - | cannabinoids. Once hemp or hemp products are received by a producer, 676 |
---|
779 | | - | cultivator, micro-cultivator, product manufacturer or food and 677 |
---|
780 | | - | beverage manufacturer, such hemp or hemp products shall be deemed 678 |
---|
781 | | - | cannabis and shall comply with the requirements for cannabis contained 679 |
---|
782 | | - | in the applicable provisions of the general statutes and any regulations 680 |
---|
783 | | - | adopted pursuant to such provisions. A dispensary, producer, 681 |
---|
784 | | - | cultivator, micro-cultivator, product manufacturer and food and 682 |
---|
785 | | - | beverage manufacturer shall retain a copy of the certificate of analysis 683 |
---|
786 | | - | for purchased hemp, [or] manufacturer hemp products and naturally 684 |
---|
787 | | - | manufactured hemp cannabinoids, as defined in section 21a-240, as 685 |
---|
788 | | - | amended by this act, and invoice and transport documents that 686 |
---|
789 | | - | evidence the quantity purchased and date received. 687 |
---|
790 | | - | Sec. 5. Subdivision (120) of section 12-412 of the general statutes is 688 |
---|
791 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, 689 |
---|
792 | | - | 2025): 690 |
---|
793 | | - | (120) (A) Sales of the following nonprescription drugs or medicines 691 |
---|
794 | | - | available for purchase for use in or on the body: Vitamin or mineral 692 |
---|
795 | | - | concentrates; dietary supplements; natural or herbal drugs or 693 |
---|
796 | | - | medicines; products intended to be taken for coughs, cold, asthma or 694 |
---|
797 | | - | allergies, or antihistamines; laxatives; antidiarrheal medicines; 695 |
---|
798 | | - | analgesics; antibiotic, antibacterial, antiviral and antifungal medicines; 696 |
---|
799 | | - | antiseptics; astringents; anesthetics; steroidal medicines; anthelmintics; 697 |
---|
800 | | - | emetics and antiemetics; antacids; any medication prepared to be used 698 Substitute Bill No. 970 |
---|
| 789 | + | (b) Any dispensary, producer, cultivator, micro-cultivator and 656 |
---|
| 790 | + | product manufacturer may [manufacture,] market [, cultivate] or store 657 |
---|
| 791 | + | hemp and high-THC hemp products and naturally manufactured hemp 658 |
---|
| 792 | + | cannabinoids, as defined in section 21a-240, as amended by this act, 659 |
---|
| 793 | + | regardless of total THC content, from licensees in accordance with the 660 |
---|
| 794 | + | provisions of this chapter and any regulations adopted pursuant to said 661 |
---|
| 795 | + | chapter. A producer, cultivator, micro-cultivator and product 662 |
---|
| 796 | + | manufacturer that obtains hemp and hemp products shall only obtain 663 |
---|
| 797 | + | such hemp and hemp products from a person authorized under the laws 664 |
---|
| 798 | + | of this state [or another state, territory or possession of the United States 665 |
---|
| 799 | + | or another sovereign entity] to possess and sell such hemp and hemp 666 |
---|
| 800 | + | products. 667 |
---|
| 801 | + | (c) Hemp, [or] manufacturer hemp products and naturally 668 |
---|
| 802 | + | manufactured hemp cannabinoids, as defined in section 21a-240, as 669 |
---|
| 803 | + | amended by this act, purchased by a dispensary, producer, cultivator, 670 |
---|
| 804 | + | micro-cultivator, product manufacturer or food and beverage 671 |
---|
| 805 | + | manufacturer from a third party shall be tracked as a separate batch 672 |
---|
| 806 | + | throughout the manufacturing process in order to document the 673 |
---|
| 807 | + | disposition of such hemp, [or] manufacturer hemp products or 674 |
---|
| 808 | + | cannabinoids. Once hemp or hemp products are received by a producer, 675 |
---|
| 809 | + | cultivator, micro-cultivator, product manufacturer or food and 676 |
---|
| 810 | + | beverage manufacturer, such hemp or hemp products shall be deemed 677 |
---|
| 811 | + | cannabis and shall comply with the requirements for cannabis contained 678 |
---|
| 812 | + | in the applicable provisions of the general statutes and any regulations 679 |
---|
| 813 | + | adopted pursuant to such provisions. A dispensary, producer, 680 |
---|
| 814 | + | cultivator, micro-cultivator, product manufacturer and food and 681 |
---|
| 815 | + | beverage manufacturer shall retain a copy of the certificate of analysis 682 |
---|
| 816 | + | for purchased hemp, [or] manufacturer hemp products and naturally 683 |
---|
| 817 | + | manufactured hemp cannabinoids, as defined in section 21a-240, as 684 |
---|
| 818 | + | amended by this act, and invoice and transport documents that 685 |
---|
| 819 | + | evidence the quantity purchased and date received. 686 |
---|
| 820 | + | Sec. 5. Subdivision (120) of section 12-412 of the general statutes is 687 |
---|
| 821 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 688 |
---|
| 822 | + | Committee Bill No. 970 |
---|
805 | | - | in the eyes, ears or nose; cannabis sold for palliative use under the 699 |
---|
806 | | - | provisions of chapter 420f; and opioid antagonists, as defined in section 700 |
---|
807 | | - | 17a-673a. 701 |
---|
808 | | - | (B) Nonprescription drugs or medicines do not include cosmetics, 702 |
---|
809 | | - | dentifrices, mouthwash, shaving and hair care products, soaps, 703 |
---|
810 | | - | deodorants or products containing cannabis or cannabinoids. As used 704 |
---|
811 | | - | in this subparagraph, "cannabis" has the same meaning as provided in 705 |
---|
812 | | - | section 21a-420 and "cannabinoids" means naturally manufactured 706 |
---|
813 | | - | hemp cannabinoids or synthetic cannabinoids, as such terms are defined 707 |
---|
814 | | - | in section 21a-240, as amended by this act. 708 |
---|
| 827 | + | 2025): 689 |
---|
| 828 | + | (120) (A) Sales of the following nonprescription drugs or medicines 690 |
---|
| 829 | + | available for purchase for use in or on the body: Vitamin or mineral 691 |
---|
| 830 | + | concentrates; dietary supplements; natural or herbal drugs or 692 |
---|
| 831 | + | medicines; products intended to be taken for coughs, cold, asthma or 693 |
---|
| 832 | + | allergies, or antihistamines; laxatives; antidiarrheal medicines; 694 |
---|
| 833 | + | analgesics; antibiotic, antibacterial, antiviral and antifungal medicines; 695 |
---|
| 834 | + | antiseptics; astringents; anesthetics; steroidal medicines; anthelmintics; 696 |
---|
| 835 | + | emetics and antiemetics; antacids; any medication prepared to be used 697 |
---|
| 836 | + | in the eyes, ears or nose; cannabis sold for palliative use under the 698 |
---|
| 837 | + | provisions of chapter 420f; and opioid antagonists, as defined in section 699 |
---|
| 838 | + | 17a-673a. 700 |
---|
| 839 | + | (B) Nonprescription drugs or medicines do not include cosmetics, 701 |
---|
| 840 | + | dentifrices, mouthwash, shaving and hair care products, soaps, 702 |
---|
| 841 | + | deodorants or products containing cannabis or cannabinoids. As used 703 |
---|
| 842 | + | in this subparagraph, "cannabis" has the same meaning as provided in 704 |
---|
| 843 | + | section 21a-420 and "cannabinoids" means naturally manufactured 705 |
---|
| 844 | + | hemp cannabinoids or synthetic cannabinoids, as such terms are defined 706 |
---|
| 845 | + | in section 21a-240, as amended by this act. 707 |
---|