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Connecticut Governor Lamont Signs Recreational Cannabis Bill Into Law

All strains / Cannabis / How to choose / August 19, 2021

Connecticut is the latest state to make history regarding cannabis reform thanks to an announcement made by lawmakers in early June and ratification by Governor Lamont in the final days of the month. In short, a consensus had been reached on a legalization bill, SB 1201, which was passed by the Senate, sent to the house where it was amended and returned, to ultimately fall on the Governor’s desk where it was signed into law this week.

In the early days, the bill was finalized following several weeks of back and forth between Governor Ted Lamont’s office and the bill’s main sponsor, House Majority Leader Jason Rojas.

At the time, Majority Leader Rojas stated, “We’re done negotiating and taking all the wonderful ideas that people have wanted to contribute to this piece of legislation.” His Democratic colleague, House Speaker Matt Ritter added, “Now we can actually go to people and say this is the final product.”

The agreement would still undergo several changes and return to the floors of both legislative houses before receiving the Governor’s final sign-off. Now, Connecticut will have the remainder of 2021 and up to May 2022 to put the structure of a legalized cannabis industry into place. Beginning July 1, 2021, Adults 21 and over in the state can freely possess and consume cannabis and cannabis products, making Connecticut the 19th state to fully legalize cannabis.

Now that the foundation is in place for cannabis in Connecticut, Majority Leader Rojas is optimistic the state will be looked at as an example for others to emulate, stating, “I think it will be the most comprehensive and best cannabis legalization bill in the country. History will tell us if that’s true or not, but I feel confident in saying yes, right now, this is the best bill in the country and it’s going to move us in a direction of ensuring that we provide a well-regulated marketplace for adult-use cannabis for adults who want to participate in that kind of activity.”

As it stands, adults in Connecticut can possess up to 1.5 ounces (42.5 grams) of “cannabis plant material” as well as up to 5 ounces (141.7 grams) in a locked container, be it in the home or personal vehicle of the individual.

The legislation addresses several key issues surrounding the contentious plant, beyond simple possession limits.

The bill has nearly 200 such regulations regarding the plant, its derivative products, impairment studies, cultivation, and equity initiatives. These sections of the final bill are summarized as follows:

1 & 141-142 — DEFINITIONS: Defines numerous terms such as cannabis and cannabis product, consumer, cannabis establishment, and equity

2-3, 115, 153 & 159-160 — CANNABIS POSSESSION AND USE: Allows people age 21 or older to possess or use cannabis, up to a specified possession limit; establishes various penalties for possession by underage individuals or possession exceeding the bill’s limit; requires POST to issue guidance on how police officers must determine whether someone’s cannabis possession exceeds the bill’s limit

4, 115 & 154 — CANNABIS PARAPHERNALIA: Eliminates existing penalties for drug paraphernalia actions related to cannabis

5 — DELINQUENCY ADJUDICATIONS AND SERIOUS JUVENILE OFFENSES: Prohibits minors from being adjudicated delinquent for certain cannabis possession offenses and removes most cannabis sale offenses from the list of serious juvenile offenses

6 — VIOLATIONS SUBJECT TO INFRACTION PROCEDURES: Allows people to pay certain cannabis-related fines by mail without making a court appearance

7 — MEDICAL ASSISTANCE FOR CANNABIS-RELATED DISTRESS: Generally prohibits prosecuting someone for cannabis possession or certain related offenses if evidence was obtained through efforts to seek medical assistance for cannabis related medical distress

8 & 9 — CRIMINAL RECORD ERASURE: Allows for petitions to erase records for cannabis-related convictions within a certain period, including for possessing up to four ounces; using or possessing drug paraphernalia; or selling, manufacturing, or related actions involving up to four ounces or up to six plants grown in the person’s home for personal use; provides for automatic erasure of convictions within a certain period for possessing less than four ounces of cannabis or any quantity of non-narcotic or non-hallucinogenic drugs

10 — RECORD PURCHASERS AND DISCLOSURE: Extends certain requirements for public criminal record purchasers to cover records from all criminal justice agencies, not just the judicial branch; sets a 30-day deadline for purchasers to update their records after receiving information on certain records’ erasure

11 — LEGAL PROTECTIONS FOR ESTABLISHMENTS, EMPLOYEES, AND BACKERS: Provides legal protections for cannabis establishments, and their employees and backers, who comply with the bill’s requirements

12 — PROFESSIONAL LICENSING DENIALS: Limits when the state can deny a professional license because of certain cannabis-related activity

13, 15 & 155-158 — PENALTIES FOR ILLEGALLY SELLING CANNABIS: Lowers the penalties for illegally (1) selling cannabis and related actions and (2) before July 1, 2023, growing up to six cannabis plants at home for personal use

14 — CANNABIS GIFTS: Allows consumers to give cannabis to other consumers for free, within the bill’s possession limit

16 — PAROLE, SPECIAL PAROLE, OR PROBATION: Limits when cannabis possession or use can be grounds to revoke parole, special parole, or probation

17 — BAIL RELEASE CONDITIONS: Limits when the lawful use of intoxicating substances or drugs may be prohibited as a condition of release on bail

18 — SEARCHES AND MOTOR VEHICLE STOPS: Limits when cannabis odor or possession can justify a search or motor vehicle stop

19 — BOARD OF EDUCATION POLICIES: Prohibits school board disciplinary policies from setting stricter penalties for violations involving cannabis than for alcohol

20 — DOMESTICATED ANIMALS: Establishes penalties for feeding cannabis to domesticated animals

21 — GENERAL RESTRICTIONS ON CANNABIS SALES AND DELIVERIES: Restricts who may sell or deliver cannabis to (1) consumers and (2) qualifying medical marijuana patients and their caregivers

22 — SOCIAL EQUITY COUNCIL: Establishes a Social Equity Council to promote and encourage full participation in the cannabis industry by people from communities disproportionately harmed by cannabis prohibition

23 — CANNABIS ARREST AND CONVICTION DATA: Requires the Social Equity Council to report on cannabis arrest and conviction data

24 — AGE REQUIREMENTS: Requires individuals to be at least (1) age 21 to hold any cannabis establishment license or be a backer or key employee and (2) age 18 to be employed at a cannabis establishment

24 — REGISTRATION OR LICENSE REQUIRED: Generally requires all cannabis establishment employees, key employees, and backers to obtain a DCP registration or license, as applicable

25 — ADVERSE ACTION DUE TO FEDERAL LAW PROHIBITED: Generally prohibits agencies or political subdivisions of the state from relying on a federal law violation related to cannabis as the sole basis for taking an adverse action against a person unless federal law requires it; prohibits law enforcement officers from assisting a federal operation if the activity complies with the bill’s provisions; specifies that it is Connecticut’s public policy that contracts related to operating cannabis establishments are enforceable

26 — MEDICAL MARIJUANA PRODUCER EXPANDED ACTIVITIES: Allows medical marijuana producers, with DCP’s authorization, to expand their license so that they may engage in certain recreational cannabis-related activities; requires producers, among other things, to either contribute $500,000 to the Social Equity Council or enter into an agreement with a social equity partner to provide the partner with at least 5% of its expanded grow space for a new social equity business

27 & 145 — EQUITY JOINT VENTURES: Requires producers and dispensaries to create equity joint ventures to pay a lower license expansion authorization fee or convert to a hybrid retailer; sets minimum ownership, application, and license requirements; prohibits certain percentage increases of certain ownership in first 10 years; and limits where certain ventures may be located

28 — PAYMENT FOR PROMOTION AND EXCLUSIVE CONTRACTS PROHIBITED: Prohibits retailers from (1) accepting payment from certain entities to place or promote their product or (2) entering into exclusive contracts

28 — SALES OF CANNABIS INTENDED FOR ANIMAL USE PROHIBITED: Prohibits cannabis establishments from preparing or selling cannabis intended for animal use

28 — TRANSACTION LIMITS FOR CANNABIS: Limits the amount a customer may buy to one ounce per day; sets the limit at five ounces per day for a qualifying patient or caregiver; allows the DCP commissioner to set lower limits

28 — CANNABIS ESTABLISHMENTS PROHIBITED FROM HAVING LIVE CANNABIS PLANTS: Generally prohibits cannabis establishments from having live plants unrelated to their licensed operations

28 — CREDENTIAL ASSIGNMENT PROHIBITED: Generally prohibits the assignment or transfer of a cannabis credential or obtaining or moving cannabis from outside Connecticut if it violates federal law

29 — REGISTRATION OR LICENSE REQUIRED: Requires (1) cannabis establishment, laboratory, or research program employees to be registered and (2) backers or key employees to be licensed; specifies certain crimes disqualify prospective licensees; requires certain individuals to notify DCP within 48 hours after the arrest or conviction of an offense that constitutes a disqualifying conviction

30 & 31 — CRIMINAL HISTORY CHECKS: Requires all individuals listed on an application to submit to criminal history checks before getting their license; allows DCP to require criminal history checks for license renewals

32 — IMPLEMENTING REGULATIONS AND POLICIES AND PROCEDURES: Requires the commissioner to adopt regulations and policies and procedures on various cannabis issues (e.g., appropriate serving size, labeling and packaging, consumer health materials, laboratory standards, certain prohibitions regarding minors, certain supply requirements, and product registration)

33 — CERTAIN ADVERTISEMENTS PROHIBITED Prohibits cannabis establishments and anyone advertising cannabis products or services from advertising in certain ways (e.g., targeting those under age 21, representing that cannabis has therapeutic effects, sponsoring certain events, and advertising near certain schools); requires a warning regarding under age 21 cannabis use; deems violations CUTPA violations

33 — BRAND NAME REGISTRATION PROHIBITED: Prohibits DCP from registering certain cannabis brands if they are similar to existing or unlawful products or previously approved cannabis brands

34 — LICENSE APPLICATION AND FEES Allows DCP: to accept applications 30 days after the Social Equity Council identifies the criteria for social equity and other applications; sets application fees and generally allows social equity applicants to pay 50%

35 — APPLICATION PROCESS AND LOTTERY: Requires the Social Equity Council to confirm applicants qualify as social equity applicants; requires DCP to determine the maximum number of licenses, with 50% reserved for social equity applicants

35 — LOTTERY AND APPLICATION RANKING: Sets procedure for a license lottery, which must be conducted by a third-party lottery operator

35 — REVIEW FOR DISQUALIFYING CONDITIONS: Requires DCP and the council to review applications selected through the lottery for disqualifying conditions; provides a process for removing certain backers

35 — PROVISIONAL LICENSES: Requires DCP to issue provisional licenses, valid for 14 months, if an application is not disqualified

35 — FINAL LICENSE Specifies the information that final license applications must include, such as a labor peace agreement

36 — CHANGE IN OWNERSHIP REGULATIONS: Requires the Social Equity Council to adopt regulations and policies and procedures to prevent changes of social equity ownership within three years of license issuance

37 — GROW SPACE REGULATIONS: Requires DCP to adopt regulations and policies and procedures to establish the maximum grow space a cultivator or micro-cultivator may use

38 — CANNABIS BUSINESS ACCELERATOR PROGRAM: Requires the Social Equity Council to develop a cannabis business accelerator program to provide technical assistance to accelerator participants

39 — WORKFORCE TRAINING PROGRAM: Requires the Social Equity Council to develop a workforce training program

40 — LICENSE AND OWNERSHIP LIMIT: Limits the number of licenses certain individuals may hold to two; limits how many cannabis establishments for which an individual can serve as backer

41-49 — DCP ISSUED LICENSES: Starting July 1, 2021, allows DCP to administer licenses for retailers, hybrid retailers, food and beverage manufacturers, product manufacturers, product packagers, delivery services or transporter, cultivators, and micro-cultivators; prohibits anyone from acting or representing themselves as one of these licensees without obtaining a license; establishes licensure requirements; allows dispensaries to convert to hybrid retailers and vice versa

50 — RELOCATION FOR DISPENSARY OR HYBRID RETAILER: Temporarily allows DCP to deny a change of location for a dispensary facility or hybrid retailer because of patient needs and prohibits the department from approving a relocation that is further than 10 miles from the current location

51 — CONFLICT OF INTEREST AND REVOLVING DOOR PROVISION: Prohibits (1) DCP employees who carry out certain functions and Social Equity Council members and employees from having management or financial interests in the cannabis industry and (2) former council members and employees, former DCP employees, General Assembly members, and statewide elected public officials from being eligible to apply as a social equity applicant for two years after leaving state service

52 — PROTECTION FOR CANNABIS EMPLOYEES: Protects cannabis establishments and their employees from seizures and forfeiture due to cannabis related activities of their job

53 — DISPLAY PROHIBITIONS: Prohibits cannabis establishments from displaying cannabis that is visible to the general public from a public road or on DEEP-managed property

54 — CANNABIS ESTABLISHMENT POLICIES AND PROCEDURES: Requires each cannabis establishment to establish, maintain, and comply with written policies and procedures on, among other things, handling recalls and crises, ensuring adulterated cannabis is destroyed, and ensuring the oldest cannabis is sold first

55 — ALLOWABLE PURCHASES BY MEDICAL MARIJUANA PATIENTS AND CAREGIVERS: Allows qualifying patients and caregivers to purchase cannabis with higher potency and more per transaction or per day, as the commissioner determines

56 — RECORDKEEPING AND ELECTRONIC TRACKING SYSTEM: Requires each cannabis establishment to maintain specified records through an electronic tracking system and establishes narrow conditions under which the records may be released

57 — FINANCIAL RECORDKEEPING AND DCP ENFORCEMENT: Requires cannabis establishments to maintain records of their business transactions for the current tax year and the three immediately preceding years in an auditable format; gives the DCP commissioner certain powers to supervise and enforce the bill’s provisions; exempts certain information from FOIA disclosure (e.g., security plans)

58 — DCP DISCIPLINARY ACTIONS: Allows the DCP commissioner, for sufficient cause, to take certain disciplinary actions, including, among other things, suspending or revoking a credential or issuing fines; generally exempts information from DCP inspections and investigations from FOIA disclosure

59 — DCP REGULATIONS, POLICIES, AND PROCEDURES: Allows the DCP commissioner to adopt (1) implementing regulations and (2) policies and procedures before adopting regulations

60 — DCP RECOMMENDATIONS ON ON-SITE CONSUMPTION AND EVENTS: Requires DCP to make written recommendations to the governor and the legislature on whether to allow on-site consumption or events that allow cannabis usage

61 — MATERIAL CHANGE: Requires any person who enters into a transaction that results in a material change to a cannabis establishment to file a written notice with the attorney general and serve a waiting period

62 — ELECTRICITY USAGE REPORT AND RENEWABLE ENERGY: Requires a cannabis establishment to annually report its annual electricity usage and purchase renewable energy to the extent possible

63 — DEPARTMENT OF BANKING REPORTING REQUIREMENT: Requires the banking commissioner to report legislative recommendations to the governor and legislature on cannabis establishments’ use of electronic payments and access to banking institutions

64 — INSURANCE REPORT: Requires the Insurance Commissioner to report to the governor and Insurance Committee on cannabis establishments’ access to insurance

65 — ALCOHOL AND DRUG POLICY COUNCIL REPORT: Requires the Alcohol and Drug Policy Council to make recommendations to the governor and legislature on efforts to promote certain public health initiatives and collecting data for certain reviews

66-71 & 77 — MEDICAL MARIJUANA PATIENTS, CAREGIVERS, AND HEALTH CARE PROVIDERS: Allows medical marijuana patients age 18 or older to grow up to three mature and three immature cannabis plants in their homes if they keep them secure from access by anyone else except their caregiver; allows patients and caregivers to possess up to five ounces of marijuana; eliminates the requirement for patients to select a dispensary from which they will obtain marijuana; revises terminology for patient caregivers and eliminates the requirement that they only obtain marijuana from dispensaries; broadens the types of entities in which physicians or APRNs who certify patients for medical marijuana use may not have a financial interest to include most cannabis establishments

66, 72, 73 & 82 — DISPENSARY FACILITIES: Makes various minor, technical, and conforming changes transferring many of current law’s requirements for a licensed dispensary to a dispensary facility; expands the entities a dispensary facility may acquire marijuana from; requires a dispensary facility or hybrid retailer employee to transmit dispensing information in real-time or within one hour

66 & 76 — MEDICAL MARIJUANA QUALIFYING CONDITIONS AND BOARD OF PHYSICIANS: Allows the DCP commissioner to add to the list of qualifying medical marijuana conditions without adopting regulations; specifies that she has the discretion to accept or reject the physician board’s recommendations; eliminates the requirement for the board to hold hearings at least twice a year

66, 79 & 81 — MEDICAL MARIJUANA RESEARCH PROGRAMS: Expands the list of entities that may oversee or administer medical marijuana research programs; expands the list of entities from whom these programs may acquire marijuana, or to whom they may deliver it; requires research program employees to be registered rather than licensed

74 — PRODUCERS: Expands the entities a producer or its employee may sell to and immunizes them when acting within the scope of employment

75 — DCP MEDICAL MARIJUANA REGULATIONS: Requires the DCP commissioner to amend regulations, as applicable, to implement the bill’s changes to the medical marijuana laws and requires her to adopt policies and procedures before the regulations are finalized

78 & 80 — LABORATORIES: Requires a laboratory to be licensed and (1) independent from all parties involved in the marijuana industry and (2) maintain all minimum security and safeguard requirements for storing and handling controlled substances

83 & 84 — MUNICIPAL AUTHORITY: Addresses various issues on municipalities’ authority to regulate cannabis, such as (1) requiring them, upon petition of 10% of their voters, to hold a local referendum on whether to allow the recreational sale of marijuana; (2) barring them from prohibiting the delivery of cannabis by authorized persons; (3) allowing them to charge retailers for certain initial public safety expenses; and (4) allowing them to establish fines for cannabis smoking in outdoor sections of restaurants

85, 161, 166, 169 & 171-172 — PRETRIAL DRUG INTERVENTION AND COMMUNITY SERVICE PROGRAM: Sunsets an existing pretrial program but establishes a similar program for people charged with drug possession and paraphernalia crimes

85, 161, 167, 168 & 170-172 — PRETRIAL IMPAIRED DRIVING INTERVENTION PROGRAM: Sunsets an existing pretrial program but establishes a similar program for people charged with DUI or impaired boating

86 & 87 — CLEAN INDOOR AIR ACT: Extends existing law’s prohibition on smoking and e-cigarette use in certain establishments and public areas to include cannabis, hemp, and ECDS; expands the locations where the prohibition applies; extends existing signage requirements and penalties for smoking and e-cigarette use to smoking cannabis and hemp and using ECDS

88 — WORKPLACE SMOKING BAN: Generally bans smoking (whether tobacco, cannabis, or hemp) and e-cigarette use in workplaces, regardless of the number or employees

89 — HOTELS AND CANNABIS: Requires hotels and motels to ban the smoking or vaping of cannabis, but otherwise prohibits them from banning its use or possession in non-public areas

90 — TENANTS AND CANNABIS: Restricts when landlords and property managers can refuse to rent to an individual due to convictions, or take certain other actions, related to cannabis

91 — CANNABIS USE BANNED ON STATE LANDS OR WATERS: Establishes penalties for using cannabis on state lands or waters managed by DEEP

92 — DEPARTMENT OF CORRECTION AUTHORITY TO BAN CANNABIS: Authorizes DOC to ban cannabis possession in DOC facilities or halfway houses

93 — POSITIVE DRUG TEST: Prohibits a positive drug test result that solely indicates a specified metabolite of THC from being proof that an individual is impaired by cannabis without other additional evidence

94 — MEDICAL PATIENTS, PARENTS, AND PREGNANT WOMEN: Provides certain protections for medical patients, parents, and pregnant women if traces of cannabinoid metabolites are detected in their bodily fluids

95 — POSITIVE STUDENT THC TESTS: Prohibits, with some exceptions, a positive drug test result that only indicates a specified metabolite of THC from being the only basis for school discipline

96 — BAN ON REVOKING FINANCIAL AID OR EXPELLING HIGHER EDUCATION STUDENTS: Generally bans higher education institutions from (1) revoking financial aid or student loans or (2) expelling a student, only for use or possession of small amounts of cannabis

97-101 — EMPLOYMENT RELATED PROVISIONS: Defines numerous terms, including exempt employer and exempt employee; sets rules for what employers are (1) banned from doing and (2) authorized to do under certain conditions; specifies it does not limit an employer’s ability to require employees to submit to drug testing; creates a civil action for employees aggrieved by a violation of the bill’s employer limitations

102 — LABOR PEACE AGREEMENTS: Requires each cannabis establishment licensee to enter into a labor peace agreement with a bona fide labor organization as a condition of its final license approval or other license changes; requires that each agreement include binding arbitration as the exclusive remedy for any agreement violation; permits civil action in Superior Court to enforce arbitration awards

103 — PROJECT LABOR AGREEMENTS: Requires that the construction or renovation of any cannabis establishment facility of $5 million or more have a project labor agreement (PLA) between the project contractors and the establishment; defines PLAs and provides enforcement through civil action in Superior Court

104 — HOSPITAL POLICIES ON CANNABIS USE: Allows hospitals to restrict patients’ cannabis use

105 — PENALTIES FOR SALES TO UNDERAGE PERSONS: Establishes misdemeanor penalties for cannabis establishments and employees who sell to people under age 21

106 — PHOTO IDENTIFICATION: Allows cannabis establishments and their employees to require customers to have their photos taken or show IDs to prove their age and provides an affirmative defense for relying on these documents; otherwise limits the use of these photos or information; allows DCP to require cannabis establishments to use an online age verification system

107 — PENALTIES FOR INDUCING UNDERAGE PERSONS TO BUY CANNABIS: Establishes misdemeanor penalties for inducing someone under age 21 to buy cannabis

108 — IDENTIFICATION USE AND PENALTIES FOR ATTEMPTED PURCHASES BY UNDERAGE PERSONS: Allows driver’s licenses and non-driver ID cards to be used to prove age for buying cannabis; establishes penalties for underage persons who misrepresent their age or use someone else’s license in an attempt to buy cannabis

109 — PENALTIES FOR ALLOWING UNDERAGE PERSONS TO POSSESS CANNABIS AT A PERSON’S PROPERTY: Makes it a class A misdemeanor for someone in control of a home or private property to allow someone under age 21 to possess cannabis there

110 — PROHIBITION ON ALLOWING UNDERAGE PERSONS TO LOITER AT CANNABIS RETAILERS: Establishes penalties for cannabis retailers or hybrid retailers who allow underage individuals to loiter or enter certain parts of the establishment

111 — UNDERAGE PERSONS POSSESSING ALCOHOL AT A PERSON’S PROPERTY: Narrows the existing crime of allowing underage persons to possess alcohol at a property, by eliminating criminal negligence as a sufficient mental state for this crime

112 & 113 — CANNABIS USE IN MOTOR VEHICLES: Makes it a (1) class C misdemeanor to smoke, otherwise inhale, or ingest cannabis while driving a motor vehicle and (2) class D misdemeanor to smoke cannabis in a motor vehicle

114 — DRUG RECOGNITION EXPERTS AND ADVANCED ROADSIDE IMPAIRED DRIVING ENFORCEMENT: Requires POST and DOT to determine the number of drug recognition experts needed; requires certain officers to be trained in advanced roadside impaired driving enforcement; and requires related training plans

116 — DRIVING UNDER THE INFLUENCE (DUI): Modifies the state’s DUI law, including allowing drug influence evaluations to be admitted as evidence, allowing courts to take judicial notice of THC’s effects, and providing immunity to people who draw blood at a police officer’s direction

117 — ALCOHOL EDUCATION AND TREATMENT PROGRAM: Specifies that the court can require people convicted of DUI to attend an alcohol education and treatment program if they drove under the influence of alcohol or both alcohol and drugs

118 — ADMINISTRATIVE PER SE LICENSE SUSPENSION PROCESS: Makes changes to the administrative per se process, including (1) expanding it to include procedures for imposing penalties on drivers without an elevated BAC but found to be driving under the influence based on behavioral impairment evidence and (2) applying the existing per se process to operators who refuse the non-testimonial portion of a drug influence evaluation

119 — PROCEDURES FOR ACCIDENTS RESULTING IN DEATH OR SERIOUS INJURY: Modifies intoxication testing procedures for accidents resulting in death or serious injury, including by requiring drug influence evaluations of surviving operators

120 — COMMERCIAL VEHICLE DRIVING DISQUALIFICATION: Extends existing commercial motor vehicle driving disqualification penalties to drivers who refused a drug influence evaluation or drove under the influence of alcohol, drugs, or both

121 — EDUCATIONAL MATERIALS ON DRE PROGRAM AND DRUG INFLUENCE EVALUATIONS: Requires the Traffic Safety Resource Prosecutor to develop educational materials and programs about the DRE program and drug influence evaluations

122 — ADMINISTRATIVE PENALTIES FOR BOATING UNDER THE INFLUENCE: Makes changes to DEEP’s administrative sanctions process for boating under the influence that are substantially similar to the bill’s changes to DMV’s administrative per se process

123 — BOATING UNDER THE INFLUENCE: Makes changes to the boating under the influence law substantially similar to those the bill makes to the DUI law, such as allowing DREs to testify in boating under the influence cases

124 — DOT RECOMMENDATIONS ON IMPAIRED DRIVING DATA COLLECTION AND PILOT PROGRAMS: Requires DOT to make recommendations regarding impaired driving data collection and pilot programs on electronic warrants and oral fluid testing in impaired driving investigations

125 & 127 — STATE CANNABIS TAX: Establishes a state tax on retail sales of cannabis, cannabis plant material, and cannabis edible products by cannabis and hybrid retailers and micro-cultivators; directs the tax revenue to the General Fund, a new General Fund account, and two new appropriated funds, according to a specified schedule

126 & 127 — MUNICIPAL CANNABIS TAX: Imposes a 3% municipal sales tax on the sale of cannabis that applies in addition to the state’s 6.35% sales tax and the state cannabis tax established under the bill; specifies the purposes for which municipalities may use the tax revenue

127 & 129 — STATE SALES TAX ON CANNABIS: With certain exceptions, prohibits exemptions under the state’s sales and use tax law from applying to cannabis sales; prohibits refunds to purchasers and businesses for sales and use taxes paid on cannabis

128 — NEWLY ESTABLISHED GENERAL FUND ACCOUNTS AND APPROPRIATED FUNDS: Establishes two new General Fund accounts, the cannabis regulatory and investment account and social equity and innovation account, directs specified fee and tax revenue to the accounts for FY 22, and requires OPM to allocate the account funds to state agencies for specified purposes; beginning in FY 23, establishes two new appropriated funds, the Social Equity and Innovation Fund and Prevention and Recovery Services Fund, and requires that money in the funds be appropriated for specified purposes

130-132 & 173 — MARIJUANA AND CONTROLLED SUBSTANCES TAX: Repeals the marijuana and controlled substances tax

133 — ANGEL INVESTOR TAX CREDITS FOR SOCIAL EQUITY APPLICANTS: Extends the angel investor tax credit program to eligible cannabis businesses owned and controlled by social equity applicants; allows investors to claim a 40% income tax credit for credit-eligible investments in these businesses; imposes a $15 million per fiscal year cap on these credits, and increases the total credits allowed under the program to $20 million per fiscal year; extends the program’s sunset date by four years to 2028

134 & 135 — CANNABIS-RELATED FINANCIAL ASSISTANCE AND WORKFORCE TRAINING PROGRAMS: Authorizes up to $50 million in state general obligation bonds for DECD and the Social Equity Council to use for specified financial assistance and workforce training programs

136-139 & 173 — REPEAL OF OBSOLETE PROVISIONS: Repeals obsolete provisions on medical marijuana patient temporary registration certificates

140 — DEPUTY DCP COMMISSIONER: Requires the governor to appoint a deputy DCP commissioner who is responsible for cannabis regulation

143 — CANNABIS CULTIVATION EXCLUDED FROM FARMING DEFINITION: Specifies that the statutory definition of “agriculture” and “farming” do not include cannabis cultivation

144 — REPORT ON CANNABIS ESTABLISHMENT LOCATIONS: Requires the Social Equity Council to report on where cannabis establishments are located, including whether they are predominantly in communities of color

146 — DPH PROGRAM ON CANNABIS-RELATED PUBLIC HEALTH INFORMATION: Establishes a DPH program to collect and abstract timely public health information on the impact of cannabis use (e.g., cannabis-associated illness, adverse events, injuries, and poisoning); requires the program to (1) share statewide data to inform policy makers and citizens on the impact of cannabis legalization and (2) work with other specified state agencies to disseminate public health alerts; and requires DPH to annually report to the Appropriations, Human Services, and Public Health committees on the program, starting by April 1, 2023

147 — HEMP: Allows certain cannabis establishment entities to manufacture, market, cultivate, or store hemp and hemp products and obtain these products from other legal sources; requires these purchased products to be tracked throughout the manufacturing process

148 — MUNICIPAL ZONING AUTHORITY AND APPROVAL REQUIREMENTS: Authorizes municipalities to enact certain zoning regulations or ordinances for cannabis establishments; temporarily prohibits municipalities from granting zoning approval for more retailers or micro-cultivators than a number that would allow for one of each for every 25,000 residents; allows the DCP commissioner to set a cap in the future

149 — CULTIVATOR LICENSE: Allows social equity applicants, for a limited time, to receive a cultivator license without participating in a lottery for facilities located in a disproportionately impacted area

150 — AGREEMENTS WITH TRIBES: Authorizes the governor to enter into agreements with the Mashantucket Pequot and Mohegan tribes for cannabis businesses and the adult use market; deems the agreements approved without further action by the legislature

151 — LEGISLATIVE COMMISSIONERS’ OFFICE (LCO) TECHNICAL FIXES: Requires LCO to make any necessary technical fixes during codification

152 — CI INVESTMENTS IN CANNABIS ESTABLISHMENTS: Authorizes CI to provide financial aid to, and make equity investments in, cannabis establishments

162 — HOME GROW: Starting in July 2023, allows individuals age 21 or older to grow up to three mature and three immature cannabis plants at home

163 — PENALTY FOR SALES TO YOUNGER PERSONS: Makes it a class A misdemeanor for people age 23 or older to sell or give cannabis to people they know are underage

164 — OPM TRAFFIC STOP REPORT: Requires OPM’s annual report on traffic stop data to include stops conducted on suspicion of DUI violations

165 — DESPP STUDY ON PHLEBOTOMY PROGRAM AND CANNABIS IMPAIRMENT TRAINING FACILITY: Requires DESPP to study the feasibility of establishing a phlebotomy program for police departments and a facility for cannabis impairment training

While there will certainly be unexpected hiccups in SB 1201’s implementation, it would appear that Majority leader Rojas is not mistaken when commenting on the expansive coverage this bill casts in regard to legal cannabis for Connecticut.

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