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2018 HB 5458: An Act Concerning The Regulation Of The Retail Sale Of Marijuana.

Sponsors

  • Gentile, Linda M.

Actions

2018-03-07 lower
2018-03-13 lower
2018-03-20 lower

Bill Text

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective from passage) As used in this section, and sections 2 to 16, inclusive, of this act, unless the context otherwise requires:

(1) "Consumer" means an individual who is twenty-one years of age or older;

(2) "Cultivation" means cultivation, as defined in section 21a-408 of the general statutes;

(3) "Dispense" means dispense, as defined in section 21a-240 of the general statutes;

(4) "Distribute" means distribute, as defined in section 21a-240 of the general statutes;

(5) "Laboratory" means a laboratory located in the state that is licensed to provide analysis of controlled substances pursuant to section 21a-246 or 21a-408 of the general statutes or section 8 of this act;

(6) "Laboratory employee" means a person who is (A) licensed as a laboratory employee pursuant to section 21a-408r of the general statutes, or section 8 of this act, or (B) holds a temporary license issued pursuant to section 21a-408r of the general statutes, or section 8 of this act;

(7) "Marijuana" means marijuana, as defined in section 21a-240 of the general statutes;

(8) "Marijuana concentrate" includes tinctures and extracts;

(9) "Marijuana cultivation facility" means a facility licensed to cultivate, prepare and package marijuana and sell marijuana to marijuana product manufacturing facilities, marijuana lounges, marijuana retailers and other marijuana cultivation facilities. "Marijuana cultivation facility" does not include the residence or dwelling of a person who engages in home cultivation for personal use pursuant to section 4 of this act;

(10) "Marijuana establishment" means a marijuana cultivation facility, marijuana product manufacturing facility, marijuana lounge or marijuana retailer;

(11) "Marijuana lounge" means premises licensed to sell marijuana or marijuana products to consumers solely for on-site consumption;

(12) "Marijuana product" means a product that is comprised of marijuana or marijuana concentrates and other ingredients and is intended for use or consumption, including, but not limited to, edible products and ointments;

(13) "Marijuana product manufacturing facility" means a facility licensed to purchase marijuana, manufacture, prepare and package marijuana products and sell marijuana and marijuana products to marijuana product manufacturing facilities, marijuana lounges and retail marijuana stores;

(14) "Marijuana retailer" means a person registered to purchase marijuana from marijuana cultivation facilities as well as to purchase marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers; and

(15) "Usable marijuana" means the dried leaves and flowers of the marijuana plant, and any mixtures or preparations of such leaves and flowers, that are appropriate for the use or consumption of marijuana, but does not include the seeds, stalks and roots of the marijuana plant.

Sec. 2. (NEW) (Effective July 1, 2018) (a) A consumer may purchase or possess marijuana or marijuana products, provided no such consumer possesses (1) any such marijuana or marijuana product in a manner that not is secure from unauthorized access or access by any person under twenty-one years of age, or (2) any such marijuana or marijuana product in an amount that exceeds one ounce of marijuana, of which no more than five grams may be a marijuana concentrate. The possession limit provided by this section shall not apply to the possession of marijuana plants or usable marijuana harvested from such plants in the course of cultivation pursuant to section 4 of this act.

(b) Except as provided in chapter 420b or 420f of the general statutes, no person may purchase marijuana or marijuana products, except from a marijuana lounge or marijuana retailer.

(c) No marijuana lounge or marijuana retailer may sell any marijuana or marijuana product to any person under twenty-one years of age and shall ensure that any purchase pursuant to this section is conducted in accordance with section 30-86 of the general statutes.

Sec. 3. (NEW) (Effective July 1, 2018) (a) Except as provided in chapter 420b or 420f of the general statutes, no person, other than a marijuana lounge or marijuana retailer may distribute, sell, dispense, offer or give marijuana or marijuana products to a consumer.

Sec. 4. (NEW) (Effective July 1, 2018) (a) An individual not licensed pursuant to section 5 of this act may cultivate not more than six marijuana plants per individual for personal use, provided not more than twelve plants are being cultivated by individuals occupying a single household at any one time. Such individual may assign his or her right to cultivate such plants to a marijuana cultivation facility.

(b) No such individual may cultivate marijuana plants, unless (1) such individual is twenty-one years of age or older, (2) takes reasonable precautions to ensure that the plants are secure from unauthorized access or access by any individual under twenty-one years of age, (3) ensures that any such cultivation is in a location where the plants are not subject to public view, including public view from another property, without the use of binoculars, aircraft or other optical aids, and (4) obtains any marijuana seeds or plants used in such cultivation from a person licensed to sell such seeds or plants pursuant to sections 2 to 16, inclusive, of this act.

(c) No such individual may cultivate a marijuana plant on any property not lawfully in the person's possession.

Sec. 5. (NEW) (Effective from passage) (a) On and after January 1, 2019, the Marijuana Control Commission established pursuant to section 15 of this act, may issue or renew licenses for marijuana lounges and marijuana retailers, provided any such lounge or retailer does not operate as a marijuana lounge or marijuana retailer prior to July 1, 2019. No person may act as a marijuana lounge or marijuana retailer or represent that such person is a licensed retailer or lounge, unless such person has obtained a license from the commission pursuant to this section.

(b) The Commissioner of Consumer Protection, after consulting with the commission, shall determine the number of marijuana lounges and marijuana retailers appropriate to meet the needs of consumers and shall adopt regulations, in accordance with chapter 54 of the general statutes, to provide for the licensure and standards for marijuana lounges and marijuana retailers. On and after the effective date of such regulations, the commission may license any person that applies for a license in accordance with such regulations, provided the commission deems such applicant qualified to acquire, possess, distribute and dispense marijuana pursuant to sections 2 to 16, inclusive, of this act and the number of licenses issued does not exceed the number of marijuana lounges and marijuana retailers appropriate to meet the needs of consumers, as determined by the commission pursuant to this subsection. At a minimum, such regulations shall:

(1) Indicate the maximum number of marijuana lounges and marijuana retailers that may be licensed in this state;

(2) Provide that no marijuana or marijuana product may be dispensed from, obtained from or transferred to a location outside of this state;

(3) Establish a licensing fee and renewal fee for each licensed marijuana lounge or marijuana retailer, provided such fees shall not be less than the amount necessary to cover the direct and indirect cost of licensing and regulating marijuana retailers and marijuana lounges pursuant to sections 2 to 16, inclusive, of this act;

(4) Provide for renewal of such marijuana lounge or marijuana retailer licenses at least every two years;

(5) Describe areas in this state where licensed marijuana lounges or marijuana retailers may not be located, after considering the criteria for the location of retail liquor permit premises set forth in subsection (a) of section 30-46 of the general statutes;

(6) Establish health, safety and security requirements and on-premise consumption limits for licensed marijuana lounges and health, safety and security requirements for marijuana retailers, which may include, but need not be limited to: (A) The ability to maintain adequate control against the diversion, theft and loss of marijuana acquired or possessed by the licensed marijuana lounge or marijuana retailer, and (B) the ability to maintain the knowledge, understanding, judgment, procedures, security controls and ethical standards to ensure optimal safety and accuracy in the distributing, dispensing and use of marijuana;

(7) Establish standards and procedures for revocation, suspension, summary suspension and nonrenewal of marijuana lounge or marijuana retailer licenses, provided such standards and procedures are consistent with the provisions of subsection (c) of section 4-182 of the general statutes;

(8) Establish priority applicant status for marijuana retailer license applicants who demonstrate experience in or business practices that promote economic empowerment in communities that have been disproportionately impacted by high rates of arrest and incarceration, as determined by the commissioner and the commission; and

(9) Establish other licensing, renewal and operational standards deemed necessary by the commissioner and the commission.

Sec. 6. (NEW) (Effective from passage) (a) The Marijuana Control Commission, established pursuant to section 15 of this act, may issue or renew a license for a person to be a marijuana cultivation facility. No person may act as a marijuana cultivation facility or represent that such person is a licensed marijuana cultivation facility unless such person has obtained a license from the commission pursuant to this section.

(b) The Commissioner of Consumer Protection, after consulting with the commission, shall determine the number of marijuana cultivation facilities appropriate to meet the needs of consumers and shall adopt regulations, in accordance with chapter 54 of the general statutes, to provide for the licensure, standards and locations for marijuana cultivation facilities and specify the maximum number of such facilities that may be licensed in this state at any time. On and after the effective date of such regulations, the commission may license any person who applies for a license in accordance with such regulations, provided (1) such person is organized for the purpose of cultivating marijuana in this state, (2) the commission finds that such person has appropriate expertise in agriculture and that such applicant is qualified to cultivate marijuana and sell, deliver, transport or distribute marijuana solely within this state pursuant to sections 2 to 16, inclusive, of this act, and (3) the number of marijuana cultivation facility licenses issued does not exceed the number appropriate to meet the needs of consumers, as determined by the commission pursuant to this subsection. At a minimum, such regulations shall:

(A) Indicate the maximum number of marijuana cultivation facilities that may be licensed at any time;

(B) Provide that no marijuana may be sold, delivered, transported or distributed by a marijuana cultivation facility from or to a location outside of this state or to any consumer in this state;

(C) Establish a nonrefundable application fee of not less than twenty-five thousand dollars for each application submitted for a marijuana cultivation facility license;

(D) Establish a license fee and renewal fee for each licensed marijuana cultivation facility, provided the aggregate amount of such license and renewal fees shall not be less than the amount necessary to cover the direct and indirect cost of licensing and regulating marijuana cultivation facilities pursuant to sections 2 to 16, inclusive, of this act;

(E) Provide for renewal of such marijuana cultivation facility licenses at least every five years;

(F) Provide that no marijuana cultivation facility may cultivate marijuana for use outside of this state and designate permissible locations for licensed marijuana cultivation facilities in this state;

(G) Establish financial requirements for marijuana cultivation facilities, under which (i) each applicant demonstrates the financial capacity to build and operate a marijuana cultivation facility, and (ii) each licensed marijuana cultivation facility shall be required to maintain an escrow account in a financial institution in this state in an amount of two million dollars;

(H) Establish health, safety and security requirements for licensed marijuana cultivation facilities, which shall include, but need not be limited to, a requirement that each applicant or licensed marijuana cultivation facility demonstrate: (i) The ability to maintain adequate control against the diversion, theft and loss of marijuana cultivated by the marijuana cultivation facility, and (ii) the ability to cultivate such marijuana in a secure manner;

(I) Establish standards and procedures for revocation, suspension, summary suspension and nonrenewal of marijuana cultivation facility licenses, provided such standards and procedures are consistent with the provisions of subsection (c) of section 4-182 of the general statutes; and

(J) Establish other licensing, renewal and operational standards deemed necessary by the commissioner and the commission.

Sec. 7. (NEW) (Effective from passage) (a) The Marijuana Control Commission established pursuant to section 15 of this act, may issue or renew a license for a person to be a marijuana product manufacturing facility. No person may act as a marijuana product manufacturing facility or represent that such person is a licensed marijuana product manufacturing facility unless such person has obtained a license from the commission pursuant to this section.

(b) The Commissioner of Consumer Protection, after consulting with the commission, shall adopt regulations, in accordance with chapter 54 of the general statutes, to provide for the licensure, standards and locations for marijuana product manufacturing facilities. On and after the effective date of such regulations, the commissioner may license any person who applies for a license in accordance with such regulations, provided (1) such person is organized for the purpose of manufacturing marijuana products in this state, (2) the commissioner finds that such applicant is qualified to manufacture marijuana products and sell, deliver, transport or distribute such products solely within this state pursuant to sections 2 to 16, inclusive, of this act. At a minimum, such regulations shall:

(A) Provide that no marijuana or marijuana products may be sold, delivered, transported or distributed by a marijuana product manufacturing facility from or to a location outside of this state or to any consumer in this state;

(B) Establish a nonrefundable application fee for each application submitted for a marijuana product manufacturing facility license;

(C) Establish a license fee and renewal fee for each licensed marijuana product manufacturing facility, provided the aggregate amount of such license and renewal fees shall not be less than the amount necessary to cover the direct and indirect cost of licensing and regulating marijuana product manufacturing facility pursuant to sections 2 to 16, inclusive, of the general statutes;

(D) Provide for renewal of marijuana product manufacturing facility licenses at least every five years;

(E) Provide that no marijuana product manufacturing facility may manufacture products for distribution outside of this state and designate permissible locations for a licensed marijuana product manufacturing facility in this state;

(F) Establish financial requirements for each marijuana product manufacturing facility, under which each applicant demonstrates the financial capacity to build and operate a marijuana product manufacturing facility;

(G) Establish health, safety and security requirements for a licensed marijuana product manufacturing facility, which shall include, but need not be limited to, a requirement that the applicant or licensed marijuana product manufacturing facility demonstrates the ability to maintain adequate control against the diversion, theft and loss of marijuana and marijuana products;

(H) Establish standards and procedures for revocation, suspension, summary suspension and nonrenewal of marijuana product manufacturing facility licenses, provided such standards and procedures are consistent with the provisions of subsection (c) of section 4-182 of the general statutes; and

(I) Establish other licensing, renewal and operational standards deemed necessary by the commissioner and the commission.

Sec. 8. (NEW) (Effective from passage) (a) Except as provided in subsection (b) of this section, no person may act as a laboratory or a laboratory employee or represent that such person is a licensed laboratory or laboratory employee unless such person has obtained a license from the Commissioner of Consumer Protection pursuant to this section or section 21a-408r or 21a-246 of the general statutes.

(b) Prior to the effective date of regulations adopted under this section, the Commissioner of Consumer Protection may issue a temporary license to a laboratory employee. The commissioner shall prescribe the standards, procedures and fees for obtaining a temporary license as a laboratory employee.

(c) The Commissioner of Consumer Protection shall adopt regulations, in accordance with chapter 54 of the general statutes, to (1) provide for the licensure of laboratories and laboratory employees, (2) establish standards and procedures for the revocation, suspension, summary suspension and nonrenewal of laboratory and laboratory employee licenses, provided such standards and procedures are consistent with the provisions of subsection (c) of section 4-182 of the general statutes, (3) establish a license and renewal fee for each licensed laboratory and licensed laboratory employee, provided the aggregate amount of such license and renewal fees shall not be less than the amount necessary to cover the direct and indirect cost of licensing and regulating laboratories and laboratory employees in accordance with the provisions of this chapter, and (4) establish other licensing, renewal and operational standards deemed necessary by the commissioner.

Sec. 9. (NEW) (Effective from passage) (a) No laboratory employee may (1) acquire marijuana from a person other than a licensed marijuana establishment or laboratory or organization engaged in a research program, (2) deliver, transport or distribute marijuana to (A) a person who is not so licensed, or (B) an organization not engaged in a research program, or (3) obtain or transport marijuana outside of this state in violation of state or federal law.

(b) Laboratory employees shall test samples of marijuana and marijuana products obtained from marijuana establishments for contaminants and potency. The Commissioner of Consumer Protection shall adopt regulations, in accordance with chapter 54 of the general statutes, to establish testing protocol and requirements for reporting results.

Sec. 10. (NEW) (Effective from passage) The Marijuana Control Commission established pursuant to section 15 of this act may, in its discretion, suspend, revoke or refuse to grant or renew any license under sections 2 to 16, inclusive, of this act, for the same reasons and using the same procedures as the Department of Consumer Protection may use to suspend, revoke or refuse to grant a permit for the sale of alcoholic liquor pursuant to section 30-47 of the general statutes.

Sec. 11. (NEW) (Effective from passage) (a) Any town may, by town meeting or ordinance, prohibit or restrict in any manner the operation of a marijuana establishment within the limits of such town.

(b) Any town may, by town meeting or ordinance, allow for the operation of one or more marijuana lounges within the limits of such town.

(c) The Marijuana Control Commission established pursuant to section 15 of this act shall refuse licenses to marijuana establishments (1) for locations in towns that have opted not to host such an establishment pursuant to subsection (a) of this section, or (2) where prohibited by a zoning ordinance of any town.

(d) The Marijuana Control Commission established pursuant to section 15 of this act shall refuse a license to a marijuana lounge, unless such marijuana lounge will operate in a town that, pursuant to subsection (b) of this section, allows for such operation.

Sec. 12. (NEW) (Effective from passage) (a) Notwithstanding any provision of the general statutes, the following acts, when performed by a marijuana lounge or marijuana retailer or an individual twenty-one years of age or older who is acting in his or her capacity as an owner, employee, or agent of a marijuana lounge or marijuana retailer, are not unlawful and shall not be an offense or a basis for seizure or forfeiture of assets:

(1) Possessing, displaying, storing or transporting marijuana or marijuana products;

(2) Purchasing marijuana from a marijuana cultivation facility;

(3) Purchasing marijuana or marijuana products from a marijuana product manufacturing facility;

(4) Delivering or transferring marijuana or marijuana products to a laboratory; and

(5) Delivering, distributing or selling marijuana or marijuana products to consumers, marijuana lounge or marijuana retailer.

(b) Notwithstanding any provision of the general statutes, the following acts, when performed by a marijuana cultivation facility or a person twenty-one years of age or older who is acting in his or her capacity as an owner, employee or agent of a marijuana cultivation facility, are not unlawful and shall not be an offense or a basis for seizure or forfeiture of assets:

(1) Cultivating, harvesting, processing, packaging, transporting, displaying, storing or possessing marijuana;

(2) Delivering or transferring marijuana to a marijuana testing facility;

(3) Delivering, distributing or selling marijuana to a marijuana cultivation facility, marijuana product manufacturing facility, marijuana lounge or marijuana retailer;

(4) Receiving or purchasing marijuana from a marijuana cultivation facility; and

(5) Receiving marijuana seeds or immature marijuana plants from a person twenty-one years of age or older.

(c) Notwithstanding any other provision of law, the following acts, when performed by a marijuana product manufacturing facility or an individual twenty-one years of age or older who is acting in his or her capacity as an owner, employee or agent of a marijuana product manufacturing facility, are not unlawful and shall not be an offense or a basis for seizure or forfeiture of assets:

(1) Packaging, processing, transporting, manufacturing, displaying or possessing marijuana or marijuana products;

(2) Delivering or transferring marijuana or marijuana products to a marijuana testing facility;

(3) Delivering or selling marijuana or marijuana products to a marijuana lounge, marijuana retailer or marijuana product manufacturing facility;

(4) Purchasing marijuana from a marijuana cultivation facility; and

(5) Purchasing marijuana or marijuana products from a marijuana product manufacturing facility.

(d) Notwithstanding any other provision of law, the following acts, when performed by a laboratory or an individual twenty-one years of age or older who is acting in his or her capacity as an owner, employee or agent of a laboratory, are not unlawful and shall not be an offense or a basis for seizure or forfeiture of assets:

(1) Possessing, cultivating, processing, repackaging, storing, transporting or displaying marijuana or marijuana products;

(2) Receiving marijuana or marijuana products from a marijuana establishment or an individual twenty-one years of age or older;

(3) Returning marijuana or marijuana products to a marijuana establishment or a person twenty-one years of age or older.

(e) No provision of this section prevents the imposition of penalties for violating sections 2 to 16, inclusive, of this act or regulations adopted to carry out the provisions of sections 2 to 16, inclusive, of this act.

Sec. 13. (NEW) (Effective July 1, 2018) (a) The Commissioner of Consumer Protection, after consulting with the Marijuana Control Commission established pursuant to section 15 of this act shall adopt regulations, in accordance with chapter 54 of the general statutes, to implement the provisions of sections 2 to 16, inclusive, of this act. At a minimum, such regulations shall include:

(1) Requirements for fingerprint-based criminal history records checks for all owners, officers, managers, contractors, employees and other support staff of marijuana establishments;

(2) Qualifications for licensure that are directly and demonstrably related to the operation of a marijuana establishment;

(3) Security requirements including lighting, physical security, video and alarm requirements;

(4) Requirements for the transportation and storage of marijuana and marijuana products by marijuana establishments;

(5) Employment and training requirements, including requiring that each marijuana establishment create an identification badge for each employee or agent;

(6) Requirements designed to prevent the sale or diversion of marijuana and marijuana products to persons under twenty-one years of age;

(7) Standards for marijuana product manufacturing facilities to determine the amount of marijuana that marijuana products are considered the equivalent to;

(8) Requirements for marijuana and marijuana products sold or distributed by a marijuana establishment, including marijuana products' labels and packaging requirements, including, but not limited to, the following:

(A) A disclosure concerning length of time it typically takes for the marijuana product to affect an individual;

(B) A notation of the amount of marijuana the marijuana product is considered the equivalent to;

(C) A list of ingredients and possible allergens for marijuana and marijuana products;

(D) A nutritional fact panel, if such marijuana product is edible;

(E) An opaque, child-resistant packaging, which is designed or constructed to be significantly difficult for children under five years of age to open and not difficult for adults to use properly as defined by 16 CFR 1700.20, as amended from time to time;

(F) Identification of edible marijuana products, when practicable, with a standard symbol indicating that it contains marijuana;

(G) The license number of the marijuana cultivation license;

(H) The license number of the marijuana retailer;

(I) The batch number of the marijuana or marijuana product;

(J) A net weight statement;

(K) Warning labels;

(L) A disclosure of any solvent used in the extraction process of marijuana concentrate, if applicable; and

(M) A recommended use by or expiration date for marijuana or marijuana products;

(9) Health and safety regulations and standards for the manufacture of marijuana products and indoor and outdoor cultivation of marijuana by marijuana cultivation facilities;

(10) Restrictions on advertising, marketing and signage, including, but not limited to, a prohibition on mass-market campaigns that have a high likelihood of reaching children;

(11) Restrictions on the display of marijuana and marijuana products, to ensure that marijuana and marijuana products may not be displayed in a manner that is visible to the general public from a public right-of-way;

(12) Restrictions or prohibitions on additives to marijuana and marijuana products, including, but not limited to, those that are toxic, designed to make the product more addictive, designed to make the product more appealing to children or misleading to consumers. The prohibition may not extend to common baking and cooking items;

(13) Protocols governing visits to marijuana cultivation facilities and marijuana product manufacturing facilities, including requiring the marijuana establishment to maintain a log of visitors;

(14) A definition of the amount of delta-9 tetrahydrocannabinol that constitutes a single serving in a marijuana product;

(15) Standards for the safe manufacture of marijuana concentrates;

(16) Requirements that educational materials be disseminated to consumers who purchase marijuana or marijuana products;

(17) Requirements that a portion of the funds received from licensure and regulation fees collected pursuant to sections 2 to 16, inclusive, of this act, and any regulations adopted in accordance with sections 2 to 16, inclusive, of this act, be allocated for the purposes of educational programs that serve students in kindergarten through grade twelve, inclusive;

(18) Requirements for random sample testing to ensure quality control, including by ensuring that marijuana and marijuana products are accurately labeled for potency. Any such testing shall include testing for residual solvents, poisons, toxins, harmful chemicals, dangerous molds or mildew, filth, harmful microbials such as E. Coli or salmonella and pesticides;

(19) Standards for the operation of laboratories, including requirements for equipment and qualifications for personnel; and

(20) Civil penalties for the failure to comply with regulations made pursuant to sections 2 to 16, inclusive, of this act.

(b) No regulation enacted pursuant to sections 2 to 16, inclusive, of this act shall require a consumer to provide a marijuana lounge or marijuana retailer with personal information other than government issued identification to determine the consumer's age or a marijuana lounge or marijuana retailer to acquire and record personal information about consumers.

Sec. 14. Section 21a-6 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The following boards shall be within the Department of Consumer Protection:

(1) The Architectural Licensing Board established under chapter 390;

(2) Repealed by P.A. 93-151, S. 3, 4;

(3) The examining boards for electrical work; plumbing and piping work; heating, piping, cooling and sheet metal work; elevator installation, repair and maintenance work; fire protection sprinkler systems work and automotive glass work and flat glass work, established under chapter 393;

(4) Repealed by P.A. 99-73, S. 10;

(5) The Commission of Pharmacy established under chapter 400j;

(6) The State Board of Landscape Architects established under chapter 396;

(7) Deleted by P.A. 98-229;

(8) The State Board of Examiners for Professional Engineers and Land Surveyors established under chapter 391;

(9) Repealed by P.A. 80-484, S. 175, 176;

(10) The Connecticut Real Estate Commission established under chapter 392;

(11) The Connecticut Real Estate Appraisal Commission established under chapter 400g;

(12) The State Board of Examiners of Shorthand Reporters established under chapter 400l;

(13) The Liquor Control Commission established under chapter 545;

(14) Repealed by P.A. 06-187, S. 99;

(15) The Home Inspection Licensing Board established under section 20-490a; and

(16) The State Board of Accountancy established under section 20-280; . and

Sec. 15. (NEW) (Effective from passage) There shall be a Marijuana Control Commission composed of three commissioners, one of whom shall be the Commissioner of Consumer Protection, appointed by the Governor in accordance with section 4-9a of the general statutes. The Commissioner of Consumer Protection shall be the chairman of the commission. The Governor shall fill any vacancy for the unexpired portion of the term. Not more than two commissioners shall be of the same political party. Each commissioner shall take the oath prescribed for executive officers. The Governor may remove any commissioner as provided in section 4-12 of the general statutes.

Sec. 16. (NEW) (Effective from passage) No commissioner of the Marijuana Control Commission and no employee of the Department of Consumer Protection who carries out the duties and responsibilities of sections 2 to 16, inclusive, of this act, and the regulations enacted thereunder may, directly or indirectly, individually or as a member of a partnership or as a shareholder of a corporation, have any interest whatsoever in dealing in or in the manufacture, sale or testing of marijuana, nor receive any commission or profit whatsoever from nor have any interest whatsoever in the purchases or sales made by the persons authorized by this chapter to manufacture, sell or test marijuana. No provision of this section shall prevent any such commissioner or employee from purchasing and keeping in his possession, for the personal use of himself or members of his family or guests, any marijuana which may be purchased or kept by any person by virtue of sections 2 to 16, inclusive, of this act.

To regulate the retail sale, personal growth and recreational use of marijuana by persons twenty-one years of age or older.

Behind the Bill