Connecticut 2024 Regular Session Status: Enacted Bipartisan · 3 R · 2 D cosponsors

HB 5235 — AN ACT CONCERNING THE DEPARTMENT OF CONSUMER PROTECTION'S RECOMMENDATIONS REGARDING CANNABIS REGULATION.

Last action — SIGNED BY GOVERNOR

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 22, 2024. Enacted.

Signed by Governor Ned Lamont (Democratic) on June 04, 2024.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 98% · high confidence

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    6 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (3 R · 2 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

1226 added · 1534 removed

1226 line(s) added, 1534 removed.

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House of Representatives File No.
Substitute House Bill No.
649 General Assembly February Session, 2024Reprint of File No.
5235 Public Act No.
102) Substitute House Bill No.
24-115 AN ACT CONCERNING THE DEPARTMENT OF CONSUMER PROTECTION'S RECOMMENDATIONS REGARDING CANNABIS REGULATION.
5235 As Amended by House Amendment Schedule "A" Approved by the Legislative Commissioner May 2, 2024 AN ACT CONCERNING THE DEPARTMENT OF CONSUMER PROTECTION'S RECOMMENDATIONS REGARDING CANNABIS REGULATION.
(2) "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other sHB5235 / File No.
(2) "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body ofa patient or researchsubject by:
649 sHB5235 File No.
649 means, to the body ofa patient or researchsubject by:
[,] or (C) a nurse or intern under the direction and supervision of a practitioner.
[,] or (C) a nurse or intern under the Substitute House Bill No.
5235 direction and supervision of a practitioner.
but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil or cake, the [sterilized] seed of such plant, [which is incapable of germination,] or sHB5235 / File No.
but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil or cake, the [sterilized] seed of such plant, [which is incapable of germination,] or hemp, as defined in 7 USC 1639o, as amended from time to time.
649 sHB5235 File No.
Public Act No.
649 hemp, as defined in 7 USC 1639o, as amended from time to time.
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Included are cannabinon, cannabinol, cannabidiol and chemical compounds which are similar to cannabinon, cannabinol or cannabidiol inchemical structure or whichare similar thereto inphysiologicaleffect, and which show a like potential for abuse, which are controlled substances under this chapter unless derived from hemp, as defined in section 22-61l.
5235 Included are cannabinon, cannabinol, cannabidiol and chemical compounds which are similar to cannabinon, cannabinol or cannabidiol inchemical structure or whichare similar thereto inphysiologicaleffect, and which show a like potential for abuse, which are controlled substances under this chapter unless derived from hemp, as defined in section 22-61l.
Such controlled drugs are classifiableas amphetamine-type, barbiturate-type, cannabis-type, cocaine-type, hallucinogenic, morphine-type and other stimulant and depressant drugs.
Such controlled drugs are classifiable as amphetamine-type, barbiturate-type, cannabis-type, cocaine-type, hallucinogenic, morphine-type and other stimulant and depressant drugs.
(11) "Deliver or delivery" means the actual, constructive or attempted sHB5235 / File No.
Public Act No.
649 sHB5235 File No.
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649 transfer from one person to another of a controlled substance, whether or not there is an agency relationship.
5235 (11) "Deliver or delivery" means the actual, constructive or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.
(18)"Drug dependence"meansapsychoactive substance dependence on drugs as that condition is defined in the most recent edition of the "DiagnosticandStatisticalManualofMentalDisorders"oftheAmerican sHB5235 / File No.
Public Act No.
649 sHB5235 File No.
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649 Psychiatric Association.
5235 (18)"Drug dependence"meansapsychoactive substance dependence on drugs as that condition is defined in the most recent edition of the "DiagnosticandStatisticalManualofMentalDisorders"oftheAmerican Psychiatric Association.
(vii) capsules and other containersused, intended for use or designedfor use inpackaging small quantities of controlled substances;
(vii) capsules and other Public Act No.
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5235 containersused, intended for use or designedfor use inpackaging small quantities of controlled substances;
and (ix) objects used, intended for use or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish [,] or hashish oil into the human body, sHB5235 / File No.
and (ix) objects used, intended for use or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish [,] or hashish oil into the human body, including, but not limited to, wooden, acrylic, glass, stone, plastic or ceramic pipes with screens, permanent screens, hashish heads or punctured metal bowls;
649 sHB5235 File No.
649 including, but not limited to, wooden, acrylic, glass, stone, plastic or ceramic pipes with screens, permanent screens, hashish heads or punctured metal bowls;
(21) "Federal Controlled Substances Act, 21 USC 801 et seq." means Public Law 91-513, the Comprehensive Drug Abuse Prevention and Control Act of 1970.
(21) "Federal Controlled Substances Act, 21 USC 801 et seq." means Public Law 91-513, the Comprehensive Drug Abuse Prevention and Public Act No.
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5235 Control Act of 1970.
Exemplary of such drugs are mescaline, sHB5235 / File No.
Exemplary of such drugs are mescaline, peyote, psilocyn and d-lysergic acid diethylamide, which are controlled substances under this chapter unless modified.
649 sHB5235 File No.
649 peyote, psilocyn and d-lysergic acid diethylamide, which are controlled substances under this chapter unless modified.
(26) "Immediate precursor" means a substance which the Commissioner of Consumer Protection has found to be, and by regulationdesignatesasbeing, theprincipalcompoundcommonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used, in the manufacture of a controlledsubstance,thecontrolofwhichisnecessarytoprevent,curtail or limit manufacture.
(26) "Immediate precursor" means a substance which the Commissioner of Consumer Protection has found to be, and by regulationdesignatesasbeing, theprincipalcompoundcommonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used, in the manufacture of a controlledsubstance,thecontrolofwhichisnecessarytoprevent,curtail Public Act No.
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5235 or limit manufacture.
(28) "Manufacture" means the production, preparation, cultivation, growing, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical sHB5235 / File No.
(28) "Manufacture" means the production, preparation, cultivation, growing, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance by an individual for the individual's own use or the preparation, compounding, packaging or labeling of a controlled substance:
649 sHB5235 File No.
649 synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance by an individual for the individual's own use or the preparation, compounding, packaging or labeling of a controlled substance:
[, synthetic cannabinoids, except as provided in subparagraph (E) of this subdivision;] or cannabinon, cannabinol or cannabidiol and chemical compounds which are similar to cannabinon,cannabinol orcannabidiolinchemicalstructure or which are similar thereto in physiological effect, which are controlled substances under this chapter, except cannabidiol derived from hemp, as defined in section 22-61l, that is not a high-THC hemp product.
[, synthetic cannabinoids, except as provided in subparagraph (E) of this subdivision;] or cannabinon, cannabinol or cannabidiol and chemical compounds which are similar to cannabinon,cannabinol orcannabidiolinchemicalstructure or which are similar thereto in physiological effect, which are controlled Public Act No.
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5235 substances under this chapter, except cannabidiol derived from hemp, as defined in section 22-61l, that is not a high-THC hemp product.
or (D) any substance approved by the federal Food and Drug Administration or successor agency as a drug and reclassified in any schedule of controlled substances or unscheduled by the federal Drug sHB5235 / File No.
or (D) any substance approved by the federal Food and Drug Administration or successor agency as a drug and reclassified in any schedule of controlled substances or unscheduled by the federal Drug Enforcement Administration or successor agency which is included in the same schedule designated by the federal Drug Enforcement Administration or successor agency.
649 sHB5235 File No.
649 Enforcement Administration or successor agency which is included in the same schedule designated by the federal Drug Enforcement Administration or successor agency.
(ii) any salt, compound, isomer, derivative, or preparation of any such substance which is chemically equivalent or identical to any substance referred to in clause (i) of this [subdivision] subparagraph, but not including the isoquinoline alkaloids of opium;
(ii) any salt, compound, isomer, derivative, or preparation of any such substance which is chemically equivalent or identical to any substance Public Act No.
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5235 referred to in clause (i) of this [subdivision] subparagraph, but not including the isoquinoline alkaloids of opium;
coca leaves or any salt, compound, derivative or preparation of coca leaves, or any salt, compound, isomer, derivatives or preparation of any such substance which is chemically equivalent or identical to any such substance or which is similar to any such substance in physiological effect and which shows a like potential for abuse, but not including decocainized coca sHB5235 / File No.
coca leaves or any salt, compound, derivative or preparation of coca leaves, or any salt, compound, isomer, derivatives or preparation of any such substance which is chemically equivalent or identical to any such substance or which is similar to any such substance in physiological effect and which shows a like potential for abuse, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine.
649 sHB5235 File No.
649 leaves or extractions of coca leaves which do not contain cocaine or ecgonine.
(34) "Opium poppy" means the plant of the species papaver somniferum l., except its seed.
(34) "Opium poppy" means the plant of the species papaver Public Act No.
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5235 somniferum l., except its seed.
(38) "Pharmacist" means a person authorized by law to practice sHB5235 / File No.
(38) "Pharmacist" means a person authorized by law to practice pharmacy pursuant to section 20-590, 20-591, 20-592 or 20-593.
649 sHB5235 File No.
649 pharmacy pursuant to section 20-590, 20-591, 20-592 or 20-593.
(A) A physician, dentist, veterinarian, podiatrist, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state;
(A) A physician, dentist, veterinarian, podiatrist, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with Public Act No.
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5235 respect to or to administer a controlled substance in the course of professional practice or research in this state;
sHB5235 / File No.
(48) "Registry number" means the alphabetical or numerical designation of identification assigned to a person by the federal Drug Enforcement Administration, or other federal agency, which is commonly known as the federal registry number.
649 sHB5235 File No.
649 (48) "Registry number" means the alphabetical or numerical designation of identification assigned to a person by the federal Drug Enforcement Administration, or other federal agency, which is commonly known as the federal registry number.
or any mixture of these alkaloids such as daturine, or the synthetic homatropine or any salts of these alkaloids, except that any drug or preparation containing any of theabove-mentioned substanceswhich is permittedby federalfood and drug laws to be sold or dispensed without a prescription or written order shall not be a controlled substance;
or any mixture of these alkaloids such as daturine, or the synthetic homatropine or any salts of these alkaloids, except that any drug or preparation containing any of theabove-mentionedsubstanceswhich is permittedby federalfood and drug laws to be sold or dispensed without a prescription or written Public Act No.
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5235 order shall not be a controlled substance;
sHB5235 / File No.
(52) "State food, drug and cosmetic laws" means the Uniform Food, Drug and Cosmetic Act, section 21a-91 et seq.
649 sHB5235 File No.
649 (52) "State food, drug and cosmetic laws" means the Uniform Food, Drug and Cosmetic Act, section 21a-91 et seq.
(55) "Wholesaler" means a distributor or a person who supplies controlled substances that the person personally has not produced or prepared to registrants.
(55) "Wholesaler" means a distributor or a person who supplies Public Act No.
(56) "Reasonable times" means the time or times any office, care- giving institution, pharmacy, clinic,wholesaler, manufacturer, laboratory, warehouse, establishment, store or place of business, vehicle or other place is open for the normal affairs or business or the practice activities usually conducted by the registrant.
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(57) "Unit dose drug distribution system" means a drug distribution system used in a hospital or chronic and convalescent nursing home in which drugs are supplied in individually labeled unit of use packages, each patient's supply of drugs is exchanged between the hospital pharmacy and the drug administration area or, in the case of a chronic and convalescent nursing home between a pharmacy and the drug administration area, at least once each twenty-four hours and each patient's medication supply for this period is stored within a patient- specific container, all of which is conducted under the direction of a pharmacistlicensedin Connecticutand,inthecaseofahospital, directly involved in the provision and supervision of pharmaceutical services at such hospital at least thirty-five hours each week.
5235 controlled substances that the person personally has not produced or prepared to registrants.
(56) "Reasonable times" means the time or times any office, care- giving institution, pharmacy, clinic, wholesaler, manufacturer, laboratory, warehouse, establishment, store or place of business, vehicle or other place is open for the normal affairs or business or the practice activities usually conducted by the registrant.
(57) "Unit dose drug distribution system" means a drug distribution system used in a hospital or chronic and convalescent nursing home in which drugs are supplied in individually labeled unit of use packages, each patient's supply of drugs is exchanged between the hospital pharmacy and the drug administration area or, in the case of a chronic and convalescent nursing home between a pharmacy and the drug administration area, at least once each twenty-four hours and each patient's medication supply for this period is stored within a patient- specific container, all of which is conducted under the direction of a pharmacistlicensedin Connecticutand,inthecaseofahospital,directly involved in the provision and supervision of pharmaceutical services at such hospital at least thirty-five hours each week.
sHB5235 / File No.
(59) "THC" means tetrahydrocannabinol, including, but not limited to, delta-7, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol and delta-10-tetrahydrocannabinol, and any material, compound, mixture or preparation which contain their salts, isomers and salts of isomers, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation, regardless of the source, except:
649 sHB5235 File No.
(A) Dronabinol substituted in sesame oil and encapsulated in a soft gelatin capsule in a federal Food and Drug Public Act No.
649 (59) "THC" means tetrahydrocannabinol, including, but not limited to, delta-7, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol and delta-10-tetrahydrocannabinol, and any material, compound, mixture or preparation which contain their salts, isomers and salts of isomers, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation, regardless of the source, except:
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(A) Dronabinol substituted in sesame oil and encapsulated in a soft gelatin capsule in a federal Food and Drug Administration or successor agency approved product;
5235 Administration or successor agency approved product;
(62) "Synthetic cannabinoid" (A) means any [material, compound, mixture or preparation which contains any quantity of a substance having a psychotropic response primarily by agonist activity at cannabinoid-specific receptors affecting the central nervous system that isproducedartificially andnotderivedfromanorganicsourcenaturally containing cannabinoids, unless listed in another schedule pursuant to sHB5235 / File No.
(62) "Synthetic cannabinoid" (A) means any [material, compound, mixture or preparation which contains any quantity of a substance having a psychotropic response primarily by agonist activity at cannabinoid-specific receptors affecting the central nervous system that isproducedartificially andnotderivedfromanorganicsourcenaturally containing cannabinoids, unless listed in another schedule pursuant to section 21a-243] substance converted, by a chemical process, to create a cannabinoid or cannabinoid-like substance that (i) has structural features which allow interaction with at least one of the known cannabinoid-specific receptors, or (ii) has any physiological or psychotropic response on at least one cannabinoid-specific receptor, (B) includes, but is not limited to, hexahydrocannabinol (HHC and HXC) Public Act No.
649 sHB5235 File No.
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649 section 21a-243] substance converted, by a chemical process, to create a cannabinoid or cannabinoid-like substance that (i) has structural features which allow interaction with at least one of the known cannabinoid-specific receptors, or (ii) has any physiological or psychotropic response on at least one cannabinoid-specific receptor, (B) includes, but is not limited to, hexahydrocannabinol (HHC and HXC) and hydrox4phc (PHC), and (C) does not include any manufactured cannabinoid.
5235 and hydrox4phc (PHC), and (C) does not include any manufactured cannabinoid.
[and] sHB5235 / File No.
[and] (2) Synthetic cannabinoids;
649 sHB5235 File No.
649 (2) Synthetic cannabinoids;
Sec.
Public Act No.
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5235 Sec.
(5) "Caregiver" means a person, other than the qualifying patient and the qualifying patient's physician, physician assistant or advanced practice registered nurse, who is eighteen years of age or older and has agreed to undertake responsibility for managing the well-being of the qualifying patient with respect to the palliative use of marijuana, provided (A) in the case of a qualifying patient (i) under eighteen years of age and not an emancipated minor, or (ii) otherwise lacking legal capacity, such person shall be a parent, guardian or person having legal custody of such qualifying patient, and (B) in the case of a qualifying patient eighteenyearsofage or older or anemancipatedminor,theneed sHB5235 / File No.
(5) "Caregiver" means a person, other than the qualifying patient and the qualifying patient's physician, physician assistant or advanced practice registered nurse, who is eighteen years of age or older and has agreed to undertake responsibility for managing the well-being of the qualifying patient with respect to the palliative use of marijuana, provided (A) in the case of a qualifying patient (i) under eighteen years of age and not an emancipated minor, or (ii) otherwise lacking legal capacity, such person shall be a parent, guardian or person having legal custody of such qualifying patient, and (B) in the case of a qualifying patient eighteenyearsofage or older or anemancipatedminor,theneed for such person shall be evaluated by the qualifying patient's physician, Public Act No.
649 sHB5235 File No.
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649 for such person shall be evaluated by the qualifying patient's physician, physician assistant or advanced practice registered nurse and such need shall be documented in the written certification;
5235 physician assistant or advanced practice registered nurse and such need shall be documented in the written certification;
(10)"Institutionalanimalcareanduse committee"meansacommittee that oversees an organization's animal program, facilities and procedures to ensure compliance with federal policies, guidelines and principles related to the care and use of animals in research;
(10)"Institutionalanimalcareanduse committee"meansacommittee that oversees an organization's animal program, facilities and Public Act No.
sHB5235 / File No.
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649 sHB5235 File No.
5235 procedures to ensure compliance with federal policies, guidelines and principles related to the care and use of animals in research;
649 (11) "Institutional review board" means a specifically constituted review body established or designated by an organization to protect the rights and welfare of persons recruited to participate in biomedical, behavioral or social science research;
(11) "Institutional review board" means a specifically constituted review body established or designated by an organization to protect the rights and welfare of persons recruited to participate in biomedical, behavioral or social science research;
(19) "Producer" means a person who is licensed as a producer pursuant to section 21a-408i;
Public Act No.
(20) "Qualifying patient" means a person who [:] (A) [Is] is a resident of Connecticut, (B) has been diagnosed by a physician, physician sHB5235 / File No.
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649 sHB5235 File No.
5235 (19) "Producer" means a person who is licensed as a producer pursuant to section 21a-408i;
649 assistant or advanced practice registered nurse as having a debilitating medical condition, and (C) (i) is eighteen years of age or older, (ii) is an emancipated minor, or (iii) has written consent from a custodial parent, guardian or other person having legal custody of such person that indicates that such person has permission from such parent, guardian or other person for the palliative use of marijuana for a debilitating medical condition and that such parent, guardian or other person will (I) serve as a caregiver for the qualifying patient, and (II) control the acquisition and possession of marijuana and any related paraphernalia for palliative use on behalf of such person.
(20) "Qualifying patient" means a person who [:] (A) [Is] is a resident of Connecticut, (B) has been diagnosed by a physician, physician assistant or advanced practice registered nurse as having a debilitating medical condition, and (C) (i) is eighteen years of age or older, (ii) is an emancipated minor, or (iii) has written consent from a custodial parent, guardian or other person having legal custody of such person that indicates that such person has permission from such parent, guardian or other person for the palliative use of marijuana for a debilitating medical condition and that such parent, guardian or other person will (I) serve as a caregiver for the qualifying patient, and (II) control the acquisition and possession of marijuana and any related paraphernalia for palliative use on behalf of such person.
(24) "Usable marijuana" means the dried leaves and flowers of the marijuana plant, and any mixtures or preparations of such leaves and flowers,thatareappropriateforthepalliativeuseofmarijuana,but does not include the seeds, stalks and roots of the marijuana plant;
(24) "Usable marijuana" means the dried leaves and flowers of the Public Act No.
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5235 marijuana plant, and any mixtures or preparations of such leaves and flowers,thatareappropriateforthepalliativeuseofmarijuana,but does not include the seeds, stalks and roots of the marijuana plant;
sHB5235 / File No.
Sec.
649 sHB5235 File No.
649 Sec.
The commissioner shall post all policies and procedures on the department's Internet web site and submit such policies and procedures to the Secretary of the State for posting on the eRegulations System, at least fifteen days prior to the effective date of any policy or procedure.
The commissioner shall post all policies and procedures on the department's Internet web site and submit such policies and procedures to the Secretary of the State for posting on the eRegulations System, at least fifteen days prior to the Public Act No.
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5235 effective date of any policy or procedure.
sHB5235 / File No.
(1) Setting appropriate dosage, potency, concentration and serving size limits and delineation requirements for cannabis, provided a standardized serving of edible cannabis product or beverage, other than a medical marijuana product, shall contain not more than five milligrams of THC.
649 sHB5235 File No.
649 (1) Setting appropriate dosage, potency, concentration and serving size limits and delineation requirements for cannabis, provided a standardized serving of edible cannabis product or beverage, other than a medical marijuana product, shall contain not more than five milligrams of THC.
Consumer health materials may include pamphlets, packaging inserts, signage, online and printed advertisements and advisories and printed health materials.
Public Act No.
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5235 Consumer health materials may include pamphlets, packaging inserts, signage, online and printed advertisements and advisories and printed health materials.
(B) A disclosure concerning the length of time it typically takes for sHB5235 / File No.
(B) A disclosure concerning the length of time it typically takes for the cannabis to affect an individual, including that certain forms of cannabis take longer to have an effect.
649 sHB5235 File No.
649 the cannabis to affect an individual, including that certain forms of cannabis take longer to have an effect.
[, including requiring that an edible product be individually wrapped.] For the purposes of this subparagraph, packaging shall be deemed to be (i) child-resistant if the packaging satisfies the standard for special packaging established in 16 CFR 1700.1(b)(4), as amended from time to time, (ii) tamper-resistant if the packaging has at least one barrier to, or indicator of, entry that would preclude the contents of such packaging from being accessed or adulterated without indicating to a reasonable person that such packaging has been breached, and (iii) light-resistant if thepackagingisentirely anduniformlyopaqueandprotectstheentirety of the contents of such packaging from the effects of light.
[, including requiring that an edible product be individually wrapped.] For the purposes of this subparagraph, packaging shall be deemed to be (i) child-resistant if the packaging satisfies the standard for special packaging established in 16 CFR 1700.1(b)(4), as amended from time to time, (ii) tamper-resistant if the packaging has at least one barrier to, or indicator of, entry that would preclude the contents of such packaging from being accessed or adulterated without indicating to a reasonable person that such packaging has been breached, and (iii) light-resistant if thepackagingisentirelyanduniformlyopaqueandprotectstheentirety of the contents of such packaging from the effects of light.
(F) (i) Packaging for cannabis intended for multiple servings to be resealableinsuchamannersoastorendersuchpackagingcontinuously child-resistant, as described in subparagraph (E)(i) of this subdivision, and preserve the integrity of the contents of such packaging, and (ii) if packaging for cannabis intended for multiple servings contains any edible cannabis product, for each single standardized serving to be easily discernible and (I) individually wrapped, or (II) physically demarked and delineated as required under this subsection.
(F) (i) Packaging for cannabis intended for multiple servings to be Public Act No.
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5235 resealableinsuchamannersoastorendersuchpackagingcontinuously child-resistant, as described in subparagraph (E)(i) of this subdivision, and preserve the integrity of the contents of such packaging, and (ii) if packaging for cannabis intended for multiple servings contains any edible cannabis product, for each single standardized serving to be easily discernible and (I) individually wrapped, or (II) physically demarked and delineated as required under this subsection.
sHB5235 / File No.
(I) A net weight statement.
649 sHB5235 File No.
649 (I) A net weight statement.
(M) Chemotypes, which shall be displayed as (i) "High THC, Low CBD" where the ratio of THC to CBD is greater than five to one and the total THC percentage is at least fifteen per cent, (ii) "Moderate THC, Moderate CBD" where the ratio of THC to CBD is at least one to five but not greater than five to one and the total THC percentage is greater than five per cent but less than fifteen per cent, (iii) "Low THC, High CBD" where the ratio of THC to CBD is less than one to five and the total THC percentage is not greater than five per cent, or (iv) the chemotype described in clause (i), (ii) or (iii) of this subparagraph that most closely fits the cannabis or cannabis product, as determined by mathematical analysis of the ratio of THC to CBD, where such cannabis or cannabis product does not fit a chemotype described in clause (i), (ii) or (iii) of this subparagraph.
(M) Chemotypes, which shall be displayed as (i) "High THC, Low CBD" where the ratio of THC to CBD is greater than five to one and the total THC percentage is at least fifteen per cent, (ii) "Moderate THC, Public Act No.
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5235 Moderate CBD" where the ratio of THC to CBD is at least one to five but not greater than five to one and the total THC percentage is greater than five per cent but less than fifteen per cent, (iii) "Low THC, High CBD" where the ratio of THC to CBD is less than one to five and the total THC percentage is not greater than five per cent, or (iv) the chemotype described in clause (i), (ii) or (iii) of this subparagraph that most closely fits the cannabis or cannabis product, as determined by mathematical analysis of the ratio of THC to CBD, where such cannabis or cannabis product does not fit a chemotype described in clause (i), (ii) or (iii) of this subparagraph.
(i) A unique identifier generated by a cannabis analytic tracking system maintained by the department and used to track cannabis under the policies and procedures issued, and final regulations adopted, by sHB5235 / File No.
(i) A unique identifier generated by a cannabis analytic tracking system maintained by the department and used to track cannabis under the policies and procedures issued, and final regulations adopted, by the commissioner pursuant to this section;
649 sHB5235 File No.
649 the commissioner pursuant to this section;
(II) The expiration date, which shall not account for any refrigeration after such cannabis is sold and transferred to the consumer, qualifying patient or caregiver.
(II) The expiration date, which shall not account for any refrigeration Public Act No.
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5235 after such cannabis is sold and transferred to the consumer, qualifying patient or caregiver.
sHB5235 / File No.
"This product is not FDA-approved, may be intoxicating, cause long- term physical and mental health problems, and have delayed side effects.
649 sHB5235 File No.
649 "This product is not FDA-approved, may be intoxicating, cause long- term physical and mental health problems, and have delayed side effects.
Frequent and prolonged use of cannabis can contribute to mental health problems over time, including anxiety, depression, stunted brain development and impaired memory." "Warning:
Frequent and prolonged use of cannabis can contribute to mental health problems over time, including anxiety, depression, stunted brain development and impaired memory." Public Act No.
24-115 26 of 42 Substitute House Bill No.
5235 "Warning:
sHB5235 / File No.
(8) Prohibiting certain manufacturing methods, or inclusion of additives to cannabis products, including, but not limited to, (A) added flavoring, terpenes or other additives unless approved by the department, or (B) any form of nicotine or other additive containing nicotine.
649 sHB5235 File No.
649 (8) Prohibiting certain manufacturing methods, or inclusion of additives to cannabis products, including, but not limited to, (A) added flavoring, terpenes or other additives unless approved by the department, or (B) any form of nicotine or other additive containing nicotine.
(10) Establishing physical and cyber security requirements related to build out, monitoring and protocols for cannabis establishments as a requirement for licensure.
(10) Establishing physical and cyber security requirements related to Public Act No.
24-115 27 of 42 Substitute House Bill No.
5235 build out, monitoring and protocols for cannabis establishments as a requirement for licensure.
(14) Prohibiting a cannabis establishment from selling, other than the sale of medical marijuana products between cannabis establishments and the sale of cannabis to qualified patients and caregivers, (A) cannabis flower or other cannabis plant material with a total THC concentration greater than thirty per cent on a dry-weight basis, and (B) any cannabis product other than cannabis flower and cannabis plant material with a total THC concentration greater than sixty per cent on a dry-weight basis, except that the provisions of subparagraph (B) of this subdivision shall not apply to the sale of prefilled cartridges for use in an electronic cannabis delivery system, as defined in section 19a-342a and the department may adjust the percentages set forth in sHB5235 / File No.
(14) Prohibiting a cannabis establishment from selling, other than the sale of medical marijuana products between cannabis establishments and the sale of cannabis to qualified patients and caregivers, (A) cannabis flower or other cannabis plant material with a total THC concentration greater than thirty per cent on a dry-weight basis, and (B) any cannabis product other than cannabis flower and cannabis plant material with a total THC concentration greater than sixty per cent on a dry-weight basis, except that the provisions of subparagraph (B) of this subdivision shall not apply to the sale of prefilled cartridges for use in an electronic cannabis delivery system, as defined in section 19a-342a and the department may adjust the percentages set forth in subparagraph (A) or (B) of this subdivision in regulations adopted pursuant to this section for purposes of public health or to address market access or shortage.
649 sHB5235 File No.
649 subparagraph (A) or (B) of this subdivision in regulations adopted pursuant to this section for purposes of public health or to address market access or shortage.
(15) Permitting the outdoor cultivation of cannabis.
Public Act No.
24-115 28 of 42 Substitute House Bill No.
5235 (15) Permitting the outdoor cultivation of cannabis.
(20) (A) Except as provided in subparagraph (B) of this subdivision, requiring that delivery device cartridges be labeled, in a clearly legible manner and in as large a font as the size of the device reasonably allows, with only the following information (i) the name of the cannabis establishment where the cannabis is grown or manufactured, (ii) the cannabis brand, (iii) the total THC and total CBD content contained within the delivery device cartridge, (iv) the expiration date, and (v) the unique identifier generated by a cannabis analytic tracking system sHB5235 / File No.
(20) (A) Except as provided in subparagraph (B) of this subdivision, requiring that delivery device cartridges be labeled, in a clearly legible manner and in as large a font as the size of the device reasonably allows, with only the following information (i) the name of the cannabis establishment where the cannabis is grown or manufactured, (ii) the cannabis brand, (iii) the total THC and total CBD content contained within the delivery device cartridge, (iv) the expiration date, and (v) the unique identifier generated by a cannabis analytic tracking system maintained by the department and used to track cannabis under the policies and procedures issued, and final regulations adopted, by the commissioner pursuant to this section.
649 sHB5235 File No.
Public Act No.
649 maintained by the department and used to track cannabis under the policies and procedures issued, and final regulations adopted, by the commissioner pursuant to this section.
24-115 29 of 42 Substitute House Bill No.
(B) A cannabis establishment may emboss, deboss or similarly print the name of the cannabis establishment's business entity, and one logo with not more than three colors, on a delivery device cartridge.
5235 (B) A cannabis establishment may emboss, deboss or similarly print the name of the cannabis establishment's business entity, and one logo with not more than three colors, on a delivery device cartridge.
Notwithstanding the requirements of sections 4-168 to 4-172, inclusive, to avoidcannabissupply shortagesor addressapublichealthand safety sHB5235 / File No.
Notwithstanding the requirements of sections 4-168 to 4-172, inclusive, to avoidcannabissupply shortagesor addressapublichealthand safety concern, the commissioner may set temporary lower per-transaction Public Act No.
649 sHB5235 File No.
24-115 30 of 42 Substitute House Bill No.
649 concern, the commissioner may set temporary lower per-transaction limits, which shall be published on the department's Internet web site.
5235 limits, which shall be published on the department's Internet web site.
No provision of this section shall prevent any such member or employee from purchasing and keeping in his or her possession, for his or her personal use or the use of such member's or employee's family or guests, any cannabis which may be purchased or kept by any person by sHB5235 / File No.
No provision of this section shall prevent any such member or employee from purchasing and keeping in his or her possession, for his Public Act No.
649 sHB5235 File No.
24-115 31 of 42 Substitute House Bill No.
649 virtue of [RERACA] this chapter.
5235 or her personal use or the use of such member's or employee's family or guests, any cannabis which may be purchased or kept by any person by virtue of [RERACA] this chapter.
(f) (1) Any individual who manufactures in this state without obtaining a license pursuant to this section or who manufactures in this state after such entity's license is suspended or revoked shall be fined two hundred fifty dollars in accordance with the provisions of section 51-164n.
(f) (1) Any individual who manufactures in this state without obtaining a license pursuant to this section or who manufactures in this Public Act No.
sHB5235 / File No.
24-115 32 of 42 Substitute House Bill No.
649 sHB5235 File No.
5235 state after such entity's license is suspended or revoked shall be fined two hundred fifty dollars in accordance with the provisions of section 51-164n.
649 (2) Any entity who manufactures in this state without obtaining a license pursuant to this section, or who manufactures in this state after having a license suspended, shall be fined not more than two thousand five hundred dollars per violation after a hearing conducted in accordance with the provisions of chapter 54.
(2) Any entity who manufactures in this state without obtaining a license pursuant to this section, or who manufactures in this state after having a license suspended, shall be fined not more than two thousand five hundred dollars per violation after a hearing conducted in accordance with the provisions of chapter 54.
Any cannabis that exceeds the prescribed THC concentration allowable in hemp or hemp products shall be immediately embargoed by such manufacturer and clearly labeled as adulterated by such licensee andsuchlicensee shallimmediately notify boththeDepartment of Consumer Protection and the Department of Agriculture, in writing, of such adulterated product.
Any cannabis that exceeds the prescribed THC concentration allowable in hemp or hemp products shall be immediately embargoed by such manufacturer and clearly labeled as adulterated by such licensee andsuchlicensee shallimmediately notify boththeDepartment Public Act No.
24-115 33 of 42 Substitute House Bill No.
5235 of Consumer Protection and the Department of Agriculture, in writing, of such adulterated product.
(A)Surrender,withoutcompensation,ofsuchhemporhempproduct sHB5235 / File No.
(A)Surrender,withoutcompensation,ofsuchhemporhempproduct to the Commissioner of Consumer Protection who shall be responsible for the destruction and disposal of such adulterated product;
649 sHB5235 File No.
649 to the Commissioner of Consumer Protection who shall be responsible for the destruction and disposal of such adulterated product;
(k) Any hemp intended to be manufactured by a manufacturer into a manufacturer hemp product shall be tested by an independent testing laboratory located in this state.
Public Act No.
24-115 34 of 42 Substitute House Bill No.
5235 (k) Any hemp intended to be manufactured by a manufacturer into a manufacturer hemp product shall be tested by an independent testing laboratory located in this state.
The independent testing laboratory shall test each sample in accordance with the laboratory testing standards established in policies, procedures and sHB5235 / File No.
The independent testing laboratory shall test each sample in accordance with the laboratory testing standards established in policies, procedures and regulations adopted by the commissioner pursuant to section 21a-421j, as amended by this act.
649 sHB5235 File No.
649 regulations adopted by the commissioner pursuant to section 21a-421j, as amended by this act.
(1) By surrender, without compensation, of such hemp or manufacturer hemp product to the Commissioner of Consumer Protection who shall be responsible for the destruction and disposal of such hemp or hemp product;
Public Act No.
24-115 35 of 42 Substitute House Bill No.
5235 (1) By surrender, without compensation, of such hemp or manufacturer hemp product to the Commissioner of Consumer Protection who shall be responsible for the destruction and disposal of such hemp or hemp product;
(n) If a sample does not pass the microbiological, mycotoxin, heavy metal or pesticide chemical residue test, based on the laboratory testing standards established in policies, procedures and regulations adopted sHB5235 / File No.
(n) If a sample does not pass the microbiological, mycotoxin, heavy metal or pesticide chemical residue test, based on the laboratory testing standards established in policies, procedures and regulations adopted by the Commissioner of Consumer Protection pursuant to section 21a- 421j, as amended by this act, the manufacturer licensee who sent such batch for testing shall:
649 sHB5235 File No.
649 by the Commissioner of Consumer Protection pursuant to section 21a- 421j, as amended by this act, the manufacturer licensee who sent such batch for testing shall:
If both samples yield satisfactory results for all testing required under this section, the hemp batch from which the samples were taken may be released for manufacturing, processing or sale;
If both samples yield satisfactory results for all testing required under this section, the hemp batch from which the samples Public Act No.
24-115 36 of 42 Substitute House Bill No.
5235 were taken may be released for manufacturing, processing or sale;
(p) The independent testing laboratory shall file with the Department sHB5235 / File No.
(p) The independent testing laboratory shall file with the Department of Consumer Protection an electronic copy of each laboratory test result for any batch that does not pass the microbiological, mycotoxin, heavy metal or pesticide chemical residue test, at the same time that it transmits such results to the manufacturer licensee who requested such testing.
649 sHB5235 File No.
649 of Consumer Protection an electronic copy of each laboratory test result for any batch that does not pass the microbiological, mycotoxin, heavy metal or pesticide chemical residue test, at the same time that it transmits such results to the manufacturer licensee who requested such testing.
(r) The Commissioner of Consumer Protection may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section including, but not limited to, establishing sampling and testing procedures to ensure compliance withthis section,prescribing storage anddisposalproceduresfor hemp, marijuana and manufacturer hemp products that fail to pass Department of Consumer Protection prescribed independent testing laboratory testing standards and establishing advertising and labeling requirements for manufacturer hemp products.
(r) The Commissioner of Consumer Protection may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section including, but not limited to, Public Act No.
24-115 37 of 42 Substitute House Bill No.
5235 establishing sampling and testing procedures to ensure compliance withthis section,prescribing storage anddisposalproceduresfor hemp, marijuana and manufacturer hemp products that fail to pass Department of Consumer Protection prescribed independent testing laboratory testing standards and establishing advertising and labeling requirements for manufacturer hemp products.
(t) Not later than February 1, 2020, the Commissioners of Agriculture sHB5235 / File No.
(t) Not later than February 1, 2020, the Commissioners of Agriculture and Consumer Protection shall submit a report, in accordance with section 11-4a, to the joint standing committee of the general assembly having cognizance of matters relating to the environment on the status of the pilot program, the development of the state plan and any regulations for such pilot program or state plan.
649 sHB5235 File No.
649 and Consumer Protection shall submit a report, in accordance with section 11-4a, to the joint standing committee of the general assembly having cognizance of matters relating to the environment on the status of the pilot program, the development of the state plan and any regulations for such pilot program or state plan.
and (C) the retail sale of manufacturer hemp products that is authorized under federal or state law.
and (C) the retail sale of Public Act No.
24-115 38 of 42 Substitute House Bill No.
5235 manufacturer hemp products that is authorized under federal or state law.
(w) No manufacturer hemp product offered for sale in this state, or to a consumer in this state, shall be packaged, presented or advertised in a manner that is likely to mislead a consumer by incorporating any statement, brand, design, representation, picture, illustration or other sHB5235 / File No.
(w) No manufacturer hemp product offered for sale in this state, or to a consumer in this state, shall be packaged, presented or advertised in a manner that is likely to mislead a consumer by incorporating any statement, brand, design, representation, picture, illustration or other depiction that:
649 sHB5235 File No.
649 depiction that:
(1) A scannable barcode, Internet web site address or quick response code that is linked to the certificate of analysis of the final form product batch by an independent testing laboratory and discloses:
Public Act No.
24-115 39 of 42 Substitute House Bill No.
5235 (1) A scannable barcode, Internet web site address or quick response code that is linked to the certificate of analysis of the final form product batch by an independent testing laboratory and discloses:
(A) Children, or those who are pregnant or breastfeeding, should avoid using such product prior to consulting with a health care sHB5235 / File No.
(A) Children, or those who are pregnant or breastfeeding, should avoid using such product prior to consulting with a health care professional concerning such product's safety;
649 sHB5235 File No.
649 professional concerning such product's safety;
(y) No manufacturer hemp product that is a topical, soap or cosmetic, as defined in section 21a-92, shall be distributed or sold in this state unless such product is contained within a package, or a label is affixed to such package, that includes:
(y) No manufacturer hemp product that is a topical, soap or cosmetic, as defined in section 21a-92, shall be distributed or sold in this state Public Act No.
24-115 40 of 42 Substitute House Bill No.
5235 unless such product is contained within a package, or a label is affixed to such package, that includes:
sHB5235 / File No.
(z) Any violation of subsections (u) to (y), inclusive, of this section shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b.
649 sHB5235 File No.
649 (z) Any violation of subsections (u) to (y), inclusive, of this section shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b.
(bb) Notwithstanding any provision of the general statutes:
Public Act No.
24-115 41 of 42 Substitute House Bill No.
5235 (bb) Notwithstanding any provision of the general statutes:
This act shall take effect as follows and shall amend the following sections:
Approved June 4, 2024 Public Act No.
Section 1 from passage 21a-240 Sec.
24-115 42 of 42
2 from passage 21a-243(j) Sec.
3 October 1, 2024 21a-408 Sec.
4 from passage 21a-420n(d) Sec.
5 from passage 21a-421j(b) Sec.
6 from passage 21a-421aa Sec.
7 from passage 21a-421dd(a) Sec.
8 from passage 22-61m sHB5235 / File No.
649 sHB5235 File No.
649 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
Agency Affected Fund-Effect FY 25 $ FY 26 $ Department of Revenue Services Various - See Below See Below Potential Revenue Loss Note:
Various=Various Municipal Impact:
Municipalities Effect FY 25 $ FY 26 $ Various Municipalities Potential See Below See Below Revenue Loss Explanation The bill results in a potential state and municipal revenue loss from the applicable sales and excise taxes on cannabis by prohibiting the sale of synthetic cannabinoids at cannabis establishments.
Any shift in sales to allowable cannabis products would limit the revenue loss from this bill.
This bill makes other various changes regarding cannabis regulations that have no fiscal impact.
House “A” makes various changes regarding cannabis regulations that are not anticipated to result in a fiscal impact.
The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.
sHB5235 / File No.
649 sHB5235 File No.
649 OLR Bill Analysis sHB 5235 (as amended by House “A”)* AN ACT CONCERNING THE DEPARTMENT OF CONSUMER PROTECTION'S RECOMMENDATIONS REGARDING CANNABIS REGULATION.
SUMMARY This bill effectively prohibits “synthetic cannabinoids” by requiring the Department of Consumer Protection (DCP) to classify them as a schedule I controlled substance (i.e., a drug with no current accepted medical use and a high potential for abuse) and removing it from the statutory definition of “cannabis” and “marijuana.” The bill also redefines synthetic cannabinoids and prohibits cannabis establishments (see BACKGROUND) from selling them.
Under the bill, synthetic cannabinoids are prohibited in cannabis.
The bill also redefines (1) “cannabis,” “marijuana,” and “cannabis- type substances” by removing the plant’s seeds from current law’s definition and (2) “manufactured cannabinoids” by specifying the process by which they are created rather than defining them based on their natural structure or their effect.
The bill also makes the following unrelated changes, it:
1.
expands the types of entities to which a cultivator may sell, transfer, or transport its cannabis;
2.
allows edible cannabis products to be packaged for multiple servings in a specific manner;
3.
requires cannabis labeling and packaging information to comply with labeling requirements under both state and federal law, rather than either;
4.
specifies that financial interest is what current law prohibits sHB5235 / File No.
649 41 sHB5235 File No.
649 certain government individuals with oversight over cannabis from having;
and 5.
specifies that state hemp laws do not prohibit hemp that is lawfully produced under federal law from being shipped or transported through the state.
The bill also makes various minor, technical, and conforming changes.
*House Amendment “A” adds the provisions on cultivators and the packaging of edibles;
makes technical changes to the medical marijuana laws;
and makes other minor, technical, and conforming changes, including to the definition of several terms.
EFFECTIVE DATE:
Upon passage, except the medical marijuana technical changes (§ 3) are effective October 1, 2024.
§ 1 — CANNABIS, MARIJUANA, AND CANNABIS-TYPE SUBSTANCES The bill narrows the statutory definition of “cannabis” and “marijuana” by removing from the definition (1) the seeds and (2) synthetic cannabinoids, including in the exemptions.
Under current law, the terms “cannabis” and “marijuana” have the same meaning, which is all parts of a plant or species of the genus cannabis, whether growing or not, and including its seeds and resin;
its compounds, manufactures, salts, derivatives, mixtures, and preparations;
high-THC hemp products, manufactured cannabinoids, and certain synthetic cannabinoids, except those not included below;
or cannabinon, cannabinol, cannabidiol (CBD), and similar compounds unless derived from hemp, except CBD derived from hemp.
Cannabis and marijuana do not include the following:
1.
a plant’s mature stalks;
fiber made from the stalks;
oil or cake made from the seeds;
a compound, manufacture, salt, derivative, mixture, or preparation made from the stalks, except the sHB5235 / File No.
649 sHB5235 File No.
649 extracted resin;
2.
sterilized seeds incapable of germination;
3.
hemp with a total THC concentration of up to 0.3% on a dry- weight basis that is not a high-THC product;
4.
any substance the federal Food and Drug Administration approves as a drug and that is reclassified in any controlled substance schedule, or that the federal Drug Enforcement Administration unschedules;
or 5.
synthetic cannabinoids that the DCP commissioner designates as controlled substances and classifies in the appropriate schedule through regulations.
The bill also makes conforming changes to the definition of the term “cannabis-type substances” by correspondingly deleting references to seeds.
§§ 1-2 & 6 — SYNTHETIC CANNABINOIDS In addition to removing synthetic cannabinoids from the cannabis and marijuana definition, the bill redefines synthetic cannabinoids by specifically excluding manufactured cannabinoids (see below) and making other minor technical changes.
It also requires the DCP commissioner to designate a synthetic cannabinoid as a schedule I drug under the state Controlled Substances Act’s regulations.
The bill explicitly prohibits synthetic cannabinoids in cannabis and prohibits cannabis establishments from selling them.
Existing law already prohibits manufactured hemp products (i.e., those intended for humaningestion,inhalation,absorption,orother internalconsumption) containing synthetic cannabinoids from being offered for sale in Connecticut or to a Connecticut consumer (CGS § 22-61m(v)).
The bill redefines “synthetic cannabinoid” to mean any substance converted by a chemicalprocessto create acannabinoidor cannabinoid- sHB5235 / File No.
649 43 sHB5235 File No.
649 like substance that has (1) structural features that allow interaction with at least one of the known cannabinoid-specific receptors or (2) any physiological or psychotropic response on at least one cannabinoid- specificreceptor.
It includeshexahydrocannabinol(HHCandHXC) and hydrox4phc (PHC), but does not include manufactured cannabinoids (see below).
Under current law, “synthetic cannabinoid” means any material, compound, mixture, or preparation containing any quantity of a substance having a psychotropic response primarily by agonist activity at cannabinoid-specific receptors affecting the central nervous system that is produced artificially and not derived from an organic source that naturally contains cannabinoids, unless listed in another controlled substance schedule.
§ 1 — MANUFACTURED CANNABINOIDS The bill redefines “manufactured cannabinoids” to specify how they are created rather than basing the definition on their natural structure or the effect they have.
Under the bill, “manufactured cannabinoids” are cannabinoids created directly by converting one cannabinoid to a different cannabinoid through (1) the application of light or heat, (2) decarboxylation of naturally occurring acidic forms of cannabinoids, or (3) an alternate extraction or conversion process that DCP approves and publishes on its website.
Under current law, manufactured cannabinoids are cannabinoids naturally occurring from a source other than marijuana that are similar in chemical structure or physiological effect to marijuana-derived cannabinoids, but derived by a chemical or biological process.
§ 4 — CULTIVATORS The bill expands the entities to which a cultivator may sell, transfer, or transport its cannabis, by allowing a cultivator to do so to all cannabis establishments (see BACKGROUND), rather than just to dispensary sHB5235 / File No.
649 44 sHB5235 File No.
649 facilities, hybrid retailers, retailers, food and beverage manufacturers, product manufacturers, and product packagers, as under current law.
Under existing law, unchanged by the bill, a cultivator may also sell, transfer, or transport its cannabis to cannabis testing laboratories.
§ 5 — EDIBLE CANNABIS PACKAGING Current law requires edible cannabis products to be in individually wrapped packaging.
The bill allows these products to be packaged for multiple servings if each single standardized serving is easily discernable and is individually wrapped or physically demarked and delineated.
§ 5 — CANNABIS LABELING Under current law, the cannabis-related regulations that the DCP commissioner must adopt must include specified labeling and packaging requirements that include all information necessary to comply with labeling requirements imposed under state or federal law.
Under the bill, the DCP requirements must comply with labeling requirements under both state and federal law, rather than either.
The laws that have specified labeling and packaging requirements include the state Uniform Food, Drug and Cosmetic Act (CGS §§ 21a-91 to 21a-120);
state Bakeries, Food Manufacturing Establishments and Food Warehouses law (CGS §§ 21a-151 to 21a-159);
federal Food, Drug and Cosmetic Act (21 U.S.C.
§ 301 et seq.);
and federal Fair Packaging and Labeling Act (15 U.S.C.
§ 1451 et seq.) for similar products that do not contain cannabis.
§ 7 — SOCIAL EQUITY COUNCIL FINANCIAL INTERESTS Under current law, Social Equity Council members and employees and certain DCP employees with cannabis oversight may not, among other things, have any interest in purchasing or selling cannabis made by individuals who are authorized to make them.
The bill (1) specifies that it is financial interest that is prohibited and (2) limits the prohibition to purchases or sales made by cannabis sHB5235 / File No.
649 45 sHB5235 File No.
649 establishments rather than by all individuals.
§ 8 — TRANSPORTING HEMP THROUGH THE STATE The bill specifies that nothing in the state hemp laws should be construed to prohibit any hemp shipment or transportation through the state if the hemp was lawfully produced under federal law.
Federal law explicitly prohibits states from prohibiting hemp or hemp products produced in keeping with federal law from being shipped or transported through the state (P.L.
115-334, § 10114(b)).
BACKGROUND Cannabis Establishment By law, a “cannabis establishment” is a producer;
dispensary facility;
cultivator;
micro-cultivator;
retailer;
hybrid retailer (i.e., licensed to sell both recreational cannabis and medical marijuana);
food and beverage manufacturer;
product manufacturer or packager;
delivery service;
or transporter.
Related Bill sHB 5150, as amended by House “A”, has substantially similar provisions redefining certain definitions, allowing multiple serving edibles, and allowing the transport of lawfully produced hemp through the state COMMITTEE ACTION General Law Committee Joint Favorable Substitute Yea 22 Nay 0 (03/07/2024) sHB5235 / File No.
649 46
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Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 24-115

  5. IN CONCURRENCE

  6. SEN. PASSED, HO. AMEND. SCH. A

  7. SEN. ADOPTED HO. AMEND. SCH. A

  8. FILE NO. 649

  9. SENATE CALENDAR NUMBER 415

  10. FAV. RPT., TAB. FOR CAL., SEN.

  11. HOUSE PASSED, HOUSE AMEND. SCH. A

  12. HOUSE ADOPTED HOUSE AMEND. SCH. A

  13. FILE NO. 102

  14. HOUSE CALENDAR NUMBER 98

  15. FAV. RPT., TABLED FOR HOUSE CALENDAR

  16. RPTD. OUT OF LCO

  17. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 03/25/24

  18. FILED WITH LCO

  19. Joint Favorable Substitute

  20. PUBLIC HEARING 0227

  21. REF. TO JOINT COMM. ON General Law

Sponsors

Sponsorship breakdown

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6 sponsors · 0 co-sponsors · 181 not signed on · 8 voted No

Sponsors (6)

Co-sponsors (0)

None.

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Senate Roll Call Vote

Passed 35 Yea · 1 Nay
Party YeaNayPresentNot Voting
Democratic 23000
Unaffiliated 3000
Republican 9100
Total 35100
% of votes cast 97%3%0%0%
How each member voted (36)
Member Party Vote
Kevin C. Kelly — Yea
Lisa Seminara — Yea
Marilyn Moore — Yea
Bob Duff Democratic Yea
Catherine A. Osten Democratic Yea
Ceci Maher Democratic Yea
Christine Cohen Democratic Yea
Derek Slap Democratic Yea
Douglas McCrory Democratic Yea
Gary A. Winfield Democratic Yea
Herron Gaston Democratic Yea
James J. Maroney Democratic Yea
Jan Hochadel Democratic Yea
Joan V. Hartley Democratic Yea
John W. Fonfara Democratic Yea
Jorge Cabrera Democratic Yea
Julie Kushner Democratic Yea
MD Rahman Democratic Yea
Mae Flexer Democratic Yea
Martha Marx Democratic Yea
Martin M. Looney Democratic Yea
Matthew L. Lesser Democratic Yea
Norman Needleman Democratic Yea
Patricia Billie Miller Democratic Yea
Rick Lopes Democratic Yea
Saud Anwar Democratic Yea
Eric C. Berthel Republican Yea
Heather S. Somers Republican Yea
Henri Martin Republican Yea
Jeff Gordon Republican Yea
John A. Kissel Republican Yea
Paul Cicarella Republican Yea
Rob Sampson Republican Nay
Ryan Fazio Republican Yea
Stephen G. Harding Republican Yea
Tony Hwang Republican Yea

Official roll call →

House Roll Call Vote

Passed 138 Yea · 8 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 80001
Republican 35801
Unaffiliated 23003
Total 138805
% of votes cast 91%5%0%3%
How each member voted (151)
Member Party Vote
Arnone — Yea
Khanna — Yea
Michel — Yea
Conley — Yea
Chaleski — Yea
Currey — Yea
Cheeseman — Yea
D'agostino — Yea
Cooley — Yea
Dancho — Yea
Palm — Yea
Denning — Not Voting
Porter — Yea
Ferraro — Yea
Cook — Yea
Ryan — Yea
Harrison — Yea
Figueroa — Yea
Hayes — Yea
Labriola — Not Voting
Tercyak — Yea
Sanchez, R. — Not Voting
Mccarthy Vahey — Yea
Mccarty, K. — Yea
Morrin Bello — Yea
Sanchez, J. — Yea
Aimee Berger-Girvalo Democratic Yea
Alphonse Paolillo Democratic Yea
Andre F. Baker Democratic Yea
Anne M. Hughes Democratic Yea
Anthony L. Nolan Democratic Yea
Antonio Felipe Democratic Yea
Aundre Bumgardner Democratic Yea
Bob Godfrey Democratic Yea
Bobby G. Gibson Democratic Yea
Brandon Chafee Democratic Yea
Christopher Poulos Democratic Yea
Christopher Rosario Democratic Yea
Corey P. Paris Democratic Yea
Derell Wilson Democratic Yea
Dominique Johnson Democratic Yea
Eleni Kavros DeGraw Democratic Yea
Emmanuel Sanchez Democratic Yea
Farley Santos Democratic Yea
Frank Smith Democratic Yea
Fred Gee Democratic Yea
Gary A. Turco Democratic Yea
Geoff Luxenberg Democratic Yea
Geraldo C. Reyes Democratic Yea
Gregory Haddad Democratic Yea
Hector Arzeno Democratic Yea
Henry J. Genga Democratic Yea
Hilda E. Santiago Democratic Yea
Hubert D. Delany Democratic Yea
Jaime S. Foster Democratic Yea
Jane M. Garibay Democratic Yea
Jason Doucette Democratic Yea
Jason Rojas Democratic Yea
Jennifer Leeper Democratic Yea
Jill Barry Democratic Yea
Jillian Gilchrest Democratic Yea
John-Michael Parker Democratic Yea
Jonathan Fazzino Democratic Yea
Jonathan Steinberg Democratic Yea
Joseph P. Gresko Democratic Yea
Josh Elliott Democratic Yea
Joshua M. Hall Democratic Yea
Juan R. Candelaria Democratic Yea
Julio A. Concepcion Democratic Yea
Kadeem Roberts Democratic Yea
Kai J. Belton Democratic Yea
Kara Rochelle Democratic Yea
Kate Farrar Democratic Yea
Kerry S. Wood Democratic Not Voting
Kevin Brown Democratic Yea
Larry B. Butler Democratic Yea
Liz Linehan Democratic Yea
Lucy Dathan Democratic Yea
Marcus Brown Democratic Yea
Maria P. Horn Democratic Yea
Mary Fortier Democratic Yea
Mary M. Mushinsky Democratic Yea
Mary Welander Democratic Yea
Maryam Khan Democratic Yea
Matt Blumenthal Democratic Yea
Matthew Ritter Democratic Yea
Melissa Osborne Democratic Yea
Michael D. Quinn Democratic Yea
Michael DiGiovancarlo Democratic Yea
Mike Demicco Democratic Yea
Minnie Gonzalez Democratic Yea
Moira Rader Democratic Yea
Patricia A. Dillon Democratic Yea
Patrick S. Boyd Democratic Yea
Raghib Allie-Brennan Democratic Yea
Robin E. Comey Democratic Yea
Roland J. Lemar Democratic Yea
Ronald A. Napoli Democratic Yea
Sarah Keitt Democratic Yea
Stephen R. Meskers Democratic Yea
Steven J. Stafstrom Democratic Yea
Susan M. Johnson Democratic Yea
Tammy R. Exum Democratic Yea
Toni E. Walker Democratic Yea
Travis Simms Democratic Yea
Trenee McGee Democratic Yea
William Heffernan Democratic Yea
Anne Dauphinais Republican Nay
Ben McGorty Republican Nay
Bill Buckbee Republican Nay
Brian Lanoue Republican Nay
Cara Christine Pavalock-D'Amato Republican Yea
Carol Hall Republican Yea
Chris Aniskovich Republican Yea
Christie M. Carpino Republican Yea
Craig C. Fishbein Republican Nay
Dave W. Yaccarino Republican Yea
David Rutigliano Republican Yea
Devin R. Carney Republican Yea
Donna Veach Republican Nay
Doug Dubitsky Republican Nay
Gale L. Mastrofrancesco Republican Yea
Greg S. Howard Republican Yea
Irene M. Haines Republican Not Voting
Jason Perillo Republican Yea
Jay M. Case Republican Yea
Joe Hoxha Republican Yea
Joe Polletta Republican Yea
John E. Piscopo Republican Yea
Joseph H. Zullo Republican Yea
Karen Reddington-Hughes Republican Yea
Kathy Kennedy Republican Yea
Kurt Vail Republican Yea
Lezlye Zupkus Republican Yea
Mark DeCaprio Republican Nay
Mark W. Anderson Republican Yea
Martin Foncello Republican Yea
Mitch Bolinsky Republican Yea
Nicole Klarides-Ditria Republican Yea
Patrick E. Callahan Republican Yea
Seth Bronko Republican Yea
Steve Weir Republican Yea
Tami Zawistowski Republican Yea
Tammy Nuccio Republican Yea
Tim Ackert Republican Yea
Tom Delnicki Republican Yea
Tom O'Dea Republican Yea
Tony J. Scott Republican Yea
Tracy Marra Republican Yea
Vincent J. Candelora Republican Yea
William Pizzuto Republican Yea

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Subjects

public-safety technology agriculture
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Frequently asked questions

Who sponsors HB 5235?
HB 5235 is sponsored by Craig C. Fishbein (Republican), Juan R. Candelaria (Democratic), Martin Foncello (Republican), Matt Blumenthal (Democratic), Eric C. Berthel (Republican), and Lisa Seminara.
What is the current status of HB 5235?
This bill has been enacted into law. Introduced February 22, 2024. Enacted.
Where can I track HB 5235?
Track HB 5235 free on One Click Politics — get push/email alerts when it moves.

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