Sec. 22-61l. Definitions. Hemp research. Pilot program. State plan. Licensure requirements. Fees. Violations. Penalties. Records. Regulations. (a) For the purpose of this section and section 22-61m, the following terms have the same meaning as provided in 7 CFR 990.1, as amended from time to time: “Acceptable hemp THC level”, “Agricultural marketing service”, “Audit”, “Cannabis”, “Conviction”, “Corrective action plan”, “Culpable mental state greater than negligence”, “Decarboxylated”, “Decarboxylation”, “Disposal”, “Dry weight basis”, “Gas chromatography”, “Geospatial location”, “Handle”, “Liquid chromatography”, “Immature plants”, “Information sharing system”, “Measurement of uncertainty”, “Negligence”, “Phytocannabinoid”, “Postdecarboxylation”, “Remediation”, “Reverse distributor” and “Total THC”. In addition, for the purpose of this section and section 22-61m:
(1) “Cannabidiol” or “CBD” means the nonpsychotropic compound by the same name;
(2) “Certificate of analysis” means a certificate from a laboratory describing the results of the laboratory's testing of a sample;
(3) “Commissioner” means the Commissioner of Agriculture, or the commissioner's designated agent;
(4) “Cultivate” means to plant, grow, harvest, handle and store a plant or crop;
(5) “Federal act” means the United States Agricultural Marketing Act of 1946, 7 USC 1639o et seq., as amended from time to time;
(6) “Department” means the Department of Agriculture;
(7) “Hemp” has the same meaning as provided in the federal act;
(8) “Hemp products” means all manufacturer hemp products and producer hemp products;
(9) “Independent testing laboratory” means a facility:
(A) For which no person who has any direct or indirect financial or managerial interest in the laboratory and also has any direct or indirect interest in a facility that:
(i) Produces, distributes, manufactures or sells hemp or hemp products, or marijuana in any state or territory of the United States; or
(ii) Cultivates, processes, distributes, dispenses or sells marijuana; and
(B) That is accredited as a laboratory in compliance with section 21a-408-59 of the regulations of Connecticut state agencies;
(10) “Laboratory” means a laboratory that meets the requirements of 7 CFR 990.3 and that is accredited as a testing laboratory to International Organization for Standardization (ISO) 17025 by a third-party accrediting body such as the American Association for Laboratory Accreditation or the Assured Calibration and Laboratory Accreditation Select Services;
(11) “Law enforcement agency” means the Connecticut State Police, the United States Drug Enforcement Administration, the Department of Agriculture, the Department of Consumer Protection Drug Control Division or any other federal, state or local law enforcement agency or drug suppression unit;
(12) “Licensee” means an individual or entity that possesses a license to produce or manufacture hemp or hemp products in this state;
(13) “Manufacture” means the conversion of the hemp plant into a by-product by means of adding heat, solvents or any method of extraction that modifies the original composition of the plant for the purpose of creating a manufacturer hemp product for commercial or research purposes;
(14) “Manufacturer” means a person in the state licensed by the Commissioner of Consumer Protection to manufacture, handle, store and market manufacturer hemp products pursuant to the provisions of section 22-61m and any regulation adopted pursuant to section 22-61m;
(15) “Marijuana” has the same meaning as provided in section 21a-240;
(16) “Market” or “marketing” means promoting, distributing or selling a hemp product within the state, in another state or outside of the United States and includes efforts to advertise and gather information about the needs or preferences of potential consumers or suppliers;
(17) “On-site manager” means the individual designated by the producer license applicant or producer responsible for on-site management and operations of a licensed producer;
(18) “Pesticide” has the same meaning as “pesticide chemical” as provided in section 21a-92;
(19) “Lot” means a contiguous area in a field, greenhouse or indoor growing structure containing the same variety or strain of hemp throughout the area;
(20) “Post-harvest sample” means a representative sample of the form of hemp taken from the harvested hemp from a particular lot's harvest that is collected in accordance with the procedures established by the commissioner;
(21) “Pre-harvest sample” means a composite, representative portion from plants in a hemp lot, that is collected in accordance with the procedures established by the commissioner;
(22) “Produce” means to cultivate hemp or create any producer hemp product;
(23) “State plan” means a state plan, as described in the federal act and as authorized pursuant to this section;
(24) “THC” means delta-9-tetrahydrocannabinol;
(25) “Controlled Substances Act” or “CSA” means the Controlled Substances Act as codified in 21 USC 801 et seq.;
(26) “Criminal history report” means the fingerprint-based state and national criminal history record information obtained in accordance with section 29-17a;
(27) “Drug Enforcement Administration” or “DEA” means the United States Drug Enforcement Administration;
(28) “Farm service agency” or “FSA” means an agency of the United States Department of Agriculture;
(29) “Key participant” means a sole proprietor, a partner in partnership or a person with executive managerial control in an entity, including persons such as a chief executive officer, chief operating officer and chief financial officer;
(30) “Manufacturer hemp product” means a commodity manufactured from the hemp plant, for commercial or research purposes, that is intended for human ingestion, inhalation, absorption or other internal consumption, that contains a THC concentration of not more than 0.3 per cent on a dry weight basis or per volume or weight of such manufacturer hemp product;
(31) “Producer” means an individual or entity licensed by the commissioner to produce and market producer hemp products pursuant to the federal act, the state plan, the provisions of this section and the regulations adopted pursuant to this section;
(32) “Producer hemp product” means any of the following produced in this state: Raw hemp product, fiber-based hemp product or animal hemp food product, and each of which contains a THC concentration of not more than 0.3 per cent on a dry weight basis or per volume or weight of such producer hemp product;
(33) “USDA” means the United States Department of Agriculture;
(34) “Entity” means a corporation, joint stock company, association, limited partnership, limited liability partnership, limited liability company, irrevocable trust, estate, charitable organization or other similar organization, including any such organization participating in the hemp production as a partner in a general partnership, a participant in a joint venture or a participant in a similar organization; and
(35) “Homogenize” means to blend hemp into a mixture that has a uniform quality and content throughout such mixture.
(b) The Commissioner of Agriculture shall establish and operate an agricultural pilot program, as defined in 7 USC 5940, as amended from time to time, for hemp research to enable the department, and its licensees, to study methods of producing and marketing hemp. All producer licensees licensed pursuant to this section shall be participants in the state agricultural pilot program for hemp research. Until such time as said commissioner adopts regulations, in accordance with the provisions of chapter 54, the Department of Agriculture shall utilize procedures and guidance policies that the commissioner deems to be consistent with the provisions of 7 USC 5940, as amended from time to time, provided such procedures and guidance policies shall, at a minimum, require: (1) The commissioner to certify and register any site used to grow hemp, (2) any person who produces hemp to produce plants that meet the definition of hemp and verify such, (3) the maintenance of records by any person who grows hemp and the availability of inspection of such records by the commissioner, and (4) verification of compliance with the definition of hemp by a laboratory, at the expense of any licensee. The provisions of this section shall take precedence over any such procedure or guidance policy. Participants in the state agricultural pilot program for hemp research shall be licensed in accordance with the provisions of this section. Such pilot program shall operate until the earlier of the date of a fully approved state plan under the federal act, as described in this section, or the date of repeal of the federal law permitting the state's agricultural pilot program for hemp research.
(c) (1) The commissioner shall prepare a state plan in accordance with the federal act and 7 CFR 990.3, for approval by the Governor, in consultation with the office of the Chief State's Attorney and the Attorney General. The state plan, once approved by the Governor and the Attorney General, shall be submitted by the commissioner to the United States Secretary of Agriculture for such secretary's approval. The commissioner shall have the authority to amend the state plan, in consultation with the Governor, the Attorney General and the office of the Chief State's Attorney, as necessary to comply with the federal act.
(2) The commissioner shall operate the state plan, which shall include, at a minimum, the following requirements:
(A) The sampling of hemp shall comply, at a minimum, with 7 CFR 990.3 and be performed by an authorized sampling agent;
(B) The testing of hemp shall comply, at a minimum, with 7 CFR 990.3;
(C) The control, remediation and disposal of noncompliant cannabis plants shall comply with 7 CFR 990.27 and 7 CFR 990.3;
(D) The department shall comply with all recordkeeping and reporting requirements in the federal act, and 7 CFR 990.1 to 7 CFR 990.71, inclusive;
(E) The department shall comply with enforcement procedures in 7 CFR 990.6;
(F) The department shall conduct annual inspections of, at a minimum, a random sample of producers to verify that hemp is not produced in violation of the federal act, the state plan and the provisions of this section, and shall enforce any violation as provided for in the federal act and as defined in 7 CFR 990.6;
(G) Producers shall report their required license, lot and hemp crop acreage information to FSA, in accordance with the requirements in 7 CFR 990.7; and
(H) Producers shall report to the commissioner the total acreage of hemp planted, harvested and, if applicable, disposed of or remediated, and such other information as the commissioner may require.
(3) All sampling and testing of hemp shall be done using protocols that are at least as statistically valid as the USDA's published protocols for sampling and testing of hemp, which protocols shall be posted on the department's Internet web site. During a scheduled sample collection, the producer, or an authorized representative of the producer, shall be present at the lot. A producer shall not harvest the cannabis crop prior to the taking of samples. Samples of hemp plant material from one lot shall not be commingled with hemp plant material from other lots. Lots tested and not certified by a laboratory at or below the acceptable hemp THC level shall be handled, remediated and disposed of in accordance with the federal act, the provisions of this section and the state plan, as applicable.
(4) The commissioner shall collect, maintain and provide to the USDA, on a timely basis, and not less than once per month, license status of each hemp producer, contact information for each hemp producer licensed in the state, including lot legal descriptions and locations, and any changes to such information. The commissioner shall also report to the USDA, on a timely basis, and not less than once per month, all required hemp test results and disposal information for all nonconforming hemp plants and plant material. Such information shall not include state and federal fingerprint-based records pursuant to section 29-17a.
(d) The commissioner shall have the authority to enforce the federal act, as amended from time to time, the state plan, this section and any regulations adopted in accordance with the federal act and chapter 54 for hemp production in the state. The commissioner shall have the authority to enforce the applicable standards for producer hemp products. The commissioner may consult, collaborate and enter into cooperative agreements with any federal or state agency, municipality or political subdivision of the state concerning application of the provisions of the federal act and the regulations adopted pursuant to the federal act, as may be necessary to carry out the provisions of this section.
(e) Any person who produces hemp shall: (1) Be licensed by the commissioner; (2) comply with the federal act, the state plan, the provisions of this section and any regulation adopted pursuant to this section; and (3) transport hemp and hemp samples in a manner and with such documentation as required by the commissioner.
(f) Any person who sells hemp products shall not be required to be licensed provided such person only engages in: (1) The retail or wholesale sale of hemp or hemp products in which no further producing or manufacturing of the hemp products occurs and the hemp products are acquired from a person authorized under the laws of this state or another state, territory or possession of the United States or another sovereign entity to possess and sell such hemp products; (2) the acquisition of hemp or hemp products for the sole purpose of product distribution for resale; or (3) the retail sale of hemp products that are otherwise authorized under federal or state law.
(g) Any applicant for a license pursuant to this section shall meet each of the following requirements, as applicable:
(1) Each applicant, whether an individual or an entity, shall submit an application for a license that consists, at a minimum, of the following: (A) The name, telephone number, electronic mail address, business address and address of any individual who is the applicant, the full name of any entity that is the applicant, including any applicable principal business location and the full name, title and electronic mail address of each key participant; (B) the name and address of each lot for the hemp cultivation or producing location; (C) the geospatial location of each lot by means of global positioning system coordinates and legal description of each lot used for the hemp cultivation; (D) the acreage size of each lot where the hemp will be cultivated; (E) written consent allowing the commissioner to conduct both scheduled and random inspections of and around the premises on which the hemp is to be cultivated, harvested, stored and produced; (F) the applicant's employer identification number or the applicant's Social Security number if an employer identification number is not available; and (G) any other information as may be required by the commissioner;
(2) Each individual who is an applicant and each key participant of any entity applying for a producer license, or renewal thereof, shall submit to state and national fingerprint-based criminal history records checks conducted in accordance with section 29-17a, at such individual's own expense;
(3) No individual, including any key participant of any entity, who has been convicted of any state or federal felony, related to a controlled substance, shall be eligible to obtain or hold a producer license for ten years from the date of the conviction, provided such restriction shall not apply to any individual who lawfully grew hemp with a license, registration or authorization under any state pilot program authorized by section 7606 of the Agricultural Act of 2014 before December 20, 2018. Any individual or entity that materially falsifies any information in an application pursuant to this section shall be ineligible to obtain a producer license; and
(4) Each individual or entity who is required by this section to obtain a producer license shall pay for all costs of sampling, testing, retesting and resampling any samples at a laboratory for the purpose of determining the THC concentration level of any cannabis under their control, or in their possession. Each individual or entity who is required by this section to obtain a producer license shall pay for all costs of disposal of all noncompliant cannabis plants under their control, or in their possession.
(h) Any producer license issued by the commissioner shall expire on the third following December thirty-first and may be renewed during the preceding month of October. Such licenses shall not be transferable.
(i) The following fees shall apply for each producer license and inspection:
(1) A nonrefundable license application fee of fifty dollars, provided any constituent unit of higher education, state agency or department shall be exempt from such application fee if such production is for research purposes;
(2) A nonrefundable triennial producer license fee of four hundred fifty dollars for up to one acre of planned hemp plantings and thirty dollars per each additional acre of planned hemp plantings rounded to the nearest acre, except no license fee charged shall exceed three thousand dollars, provided any constituent unit of higher education, state agency or department shall be exempt from such license fee if such production is for research purposes; and
(3) In the event that resampling by the commissioner is required due to a test result that shows a violation of any provision of this section or any regulation adopted pursuant to this section, the licensee shall pay an inspection fee of fifty dollars. Such fee shall be paid prior to the inspection and collection of the sample to be used for resampling.
(j) After receipt and review of an application for producer licensure, the commissioner may grant a triennial license upon a finding that the applicant meets the applicable requirements. Each producer licensee shall notify the commissioner of any changes to their application information, not later than fifteen days after such change. While the pilot program is in effect, the commissioner may grant a conditional approval of a producer license, pending receipt of the criminal history records check required by this section. The commissioner shall assign each producer with a license or authorization identifier in a format consistent with 7 CFR 990.3.
(k) Whenever an inspection or investigation conducted by the commissioner pursuant to this title reveals any violation of the state plan, this section or any regulation adopted thereunder, the producer license applicant or respondent, as applicable, shall be notified, in writing, of such violation and any corrective action to be taken and the time period within which such corrective action shall be taken. Any such producer license applicant or respondent may request a hearing, conducted in accordance with chapter 54, on any such notification. Any notification issued pursuant to this section shall be made by certified mail, return receipt requested to the producer license applicant or respondent's last known address, by in-hand service by the commissioner or designated agent of the commissioner, electronic mail service with the consent of the recipient, or by service in accordance with chapter 896. The commissioner shall report all producer violations made with a culpable mental state greater than negligence to the United States Attorney General and the State's Attorney for the judicial district in which the producer violation occurred.
(l) Nothing in this section shall be construed to limit the commissioner's authority to issue a cease and desist order pursuant to section 22-4d, or an emergency order, in order to respond to a condition that may present a public health hazard, or issue orders necessary to effectuate the purposes of this section, including, but not limited to, orders for the embargo, partial destruction, destruction and release of hemp or hemp products. Any cease and desist order or an emergency order shall become effective upon service of such order by the commissioner. Following service of any such order, subsequent proceedings shall proceed in accordance with the provisions of section 22-4d and the rules of practice for such agency. Any embargo, partial destruction, destruction or release order issued pursuant to this section shall be served by certified mail, return receipt requested to the respondent's last known address, by in-hand service by the commissioner or designated agent of the commissioner, or by service in accordance with chapter 896.
(m) Following a hearing conducted in accordance with chapter 54, the commissioner may impose an administrative civil penalty, not to exceed two thousand five hundred dollars per violation, and suspend, revoke or place conditions upon any producer licensee who violates the provisions of this section or any regulation adopted pursuant to this section.
(n) (1) Any individual who produces hemp in this state without obtaining a license pursuant to this section, or who produces hemp in this state after having a license suspended or revoked shall have committed an infraction.
(2) Any entity that produces hemp in this state without obtaining a license pursuant to this section, produces hemp in violation of this section or produces hemp in this state after having a license suspended or revoked may be fined not more than two thousand five hundred dollars per violation, after a hearing conducted in accordance with chapter 54.
(o) (1) Any negligent violation, as described in the federal act, of this section or the state plan shall be subject to enforcement in accordance with the federal act, and the state plan for negligent violations.
(2) For any negligent violation, a producer shall be required to correct such negligent violation, by means of a corrective action plan approved by the commissioner. Each corrective action plan shall include, at a minimum, a reasonable completion deadline for correction of the negligent violation, periodic reporting to the commissioner for at least two years and compliance with the state plan.
(3) Any producer that negligently violates the state plan shall not, as a result of such negligent violation, be referred by the commissioner for any criminal enforcement action by the federal, state or local government.
(4) Any producer that negligently violates the state plan three times during any five-year period shall be ineligible to produce hemp for a period of five years beginning on the date of the third violation.
(5) The commissioner shall conduct an inspection to determine if the corrective action plan for a producer who commits any such negligent violation was properly implemented.
(p) Any person aggrieved by an order issued pursuant to this section may appeal to the commissioner in accordance with the provisions of chapter 54. Such appeal shall be made in writing to the commissioner and received not later than fifteen days after the date of the order. If no appeal is made pursuant to this subsection the order shall be final.
(q) (1) All documents submitted under this section shall be subject to disclosure in accordance with chapter 14, except: (A) Information depicting or describing (i) the test results of any producer, (ii) the location of any hemp growing, harvesting, processing or storage location, or (iii) hemp producer location security schematics; and (B) the results of any criminal history records check.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, all documents and records submitted or maintained pursuant to this section shall be disclosed to any law enforcement agency upon request of such law enforcement agency.
(r) The commissioner may inspect and shall have access to the buildings, equipment, supplies, vehicles, records, real property and other information that the commissioner deems necessary to carry out the commissioner's duties pursuant to this section from any person participating in producing, handling, storing, marketing or researching hemp.
(s) All licensees pursuant to this section shall maintain records required by the federal act, the state plan, this section and any regulation adopted pursuant to this section. Each licensee shall make such records available to the department immediately upon request of the commissioner and in electronic format, if available.
(t) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section including, but not limited to, the labeling of producer hemp products.
(u) Whenever the commissioner believes or has reasonable cause to believe that the actions of a licensee or any employee of a producer licensee are in violation of the federal act, the state plan, or any state law concerning the growing, cultivation, handling, transporting or possession of marijuana, the commissioner shall notify the Department of Emergency Services and Public Protection and the Division of State Police.
(P.A. 19-3, S. 1; 19-117, S. 152, 153; Sept. Sp. Sess. P.A. 20-2, S. 1; P.A. 21-37, S. 50; 21-89, S. 1; P.A. 23-79, S. 44.)
History: P.A. 19-3 effective May 9, 2019; P.A. 19-117 amended Subsecs.(a)(1) and (a)(12) to change reference from “delta-a” to “delta-9”, effective June 26, 2019; Sept. Sp. Sess. P.A. 20-2 amended Subsec. (a) to substantially revise definitions, amended Subsec. (c) to designate existing provisions as Subdiv. (1) and amend same to add reference to 7 CFR 990.3, replace provision re approval by Attorney General with provision re consultation with Attorney General, and add Subdivs. (2) to (4) re requirements of state plan, sampling and testing protocols and reports to USDA, amended Subsec. (d) to delete “that are not consumable”, amended Subsec. (e)(2) to replace “only acquire certified seeds” with “comply with the federal act, the state plan, the provisions of this section and any regulation adopted pursuant to this section”, amended Subsec. (g) to substantially revise license application requirements, amended Subsec. (h) to replace “second” with “third”, amended Subsec. (i) to replace biennial grower license with triennial producer license and increase fee of $50 per acre with fee of $450 for up to 1 acre and $30 per each additional acre in Subdiv. (2), delete former Subdiv. (3) re nonrefundable processor licensing fee, and redesignate existing Subdiv. (4) as Subdiv. (3), amended Subsec. (j) to add provisions re notification of changes to application information and re license or authorization identifier, amended Subsec. (k) to add “the state plan” and add provisions re issuance of notifications and report of producer violations, amended Subsec. (l) to add provision re service of embargo, partial destruction, destruction or release order, amended Subsec. (n) to replace reference re $250 fine with reference re infraction in Subdiv. (1), and delete “business” re entity and replace “shall” with “may” re fine in Subdiv. (2), amended Subsec. (o) to designate existing provision as Subdiv. (1) and amend same to add “, and the state plan for negligent violations”, and add Subdivs. (2) to (5) re corrective action plan, no referral to federal, state or local government, ineligibility and inspection, amended Subsec. (q) to designate existing provision as Subdiv. (1) and amend same to add Subparas. (A) and (B) re test results, location, and security schematics and criminal history records check results, and add Subdiv. (2) re disclosure to law enforcement agency, amended Subsec. (r) to replace “the planting, cultivating, harvesting, processing,” with “producing, handling, storing”, deleted former Subsecs. (s) and (y) re inspection and testing program and pilot program, redesignated existing Subsecs. (t) to (x) as Subsecs. (s) to (w), amended redesignated Subsec. (t) to add “the state plan”, amended redesignated Subsec. (u) to replace “shall” with “may” re adoption of regulations and replace provision re sampling, testing and disposal procedures with provision re labeling of producer hemp products, amended redesignated Subsec. (w) to add provision re violation of federal act and state plan, replaced references to grower and processor with references to producer throughout, and made technical and conforming changes, effective October 31, 2020; P.A. 21-37 deleted former Subsec. (s) re application to licensees of palliative marijuana and redesignated existing Subsecs. (t) to (w) as Subsecs. (s) to (v) and made a technical change in redesignated Subsec. (v), effective July 1, 2021; P.A. 21-89 amended Subsec. (a) to define “audit”, “disposal”, “immature plants”, “remediation” and “total THC” and to change defined term from “High-performance liquid chromatography” to “Liquid chromatography”, and redefine “criminal history report” in Subdiv. (26), amended Subsec. (c) to replace “7 CFR 990.3(a)(2)” with “7 CFR 990.3” and delete reference to commissioner and commissioner's designated agents in Subdiv. (2)(A), replace “7 CFR 990.3(a)(3)” with “7 CFR 990.3” in Subdiv. (2)(B), add “, remediation” and “and 7 CFR 990.3” in Subdiv. (2)(C) and “or remediated” in Subdiv. (2)(H) and amended Subdiv. (3) to add “, remediated”, amended Subsec. (g) to add new Subpara. (F) re applicant's employer identification number and redesignate existing Subpara. (F) as Subpara. (G) in Subdiv. (1), delete provision re results of criminal history records checks provided to commissioner for review in Subdiv. (2), replace “any felony, as prescribed in the federal act” with “any state or federal felony, related to a controlled substance” and added reference to 10 years from date of conviction in Subdiv. (3) and amended Subsec. (j) to replace “7 CFR 990.3(a)(9)” with “7 CFR 990.3”, effective June 28, 2021; P.A. 23-79 deleted former Subsec. (u) re exclusions from marijuana, controlled substances and adulterants, redesignated existing Subdiv. (v) as Subdiv. (u), and made technical changes in Subsecs. (c)(1) and (g)(2), effective July 1, 2023.
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Sec. 22-61m. Manufacture of hemp for consumables. License. Fees. Testing. Records. Regulations. Advertising, labeling, packaging and marketing. Report. Penalties. (a) No person shall manufacture in the state without a license to manufacture issued by the Commissioner of Consumer Protection.
(b) Each applicant for a manufacturer license shall submit an application on a form and in a manner prescribed by the Commissioner of Consumer Protection.
(c) The following fees shall apply for a license to manufacture:
(1) A nonrefundable license application fee of seventy-five dollars; and
(2) A nonrefundable licensing fee of three hundred seventy-five dollars for a license to manufacture hemp.
(d) A license to manufacture issued by the Commissioner of Consumer Protection pursuant to this section shall expire triennially on June thirtieth. Such licenses shall not be transferable.
(e) In accordance with a hearing held pursuant to chapter 54, the Commissioner of Consumer Protection may deny, suspend or revoke a manufacturer license, issue fines of not more than two thousand five hundred dollars per violation and place conditions upon a manufacturer licensee who violates the provisions of this section and any regulation adopted pursuant to this section.
(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.
(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.
(g) Nothing in this chapter or any regulations adopted pursuant to this chapter shall be construed to apply to persons licensed pursuant to section 21a-408i nor to require persons licensed pursuant to said section to obtain a license pursuant to this chapter.
(h) The Commissioner of Consumer Protection may inspect and shall have access to the buildings, equipment, supplies, vehicles, records, real property and other information of any manufacturer applicant or licensee that the commissioner deems necessary to carry out the commissioner's duties pursuant to this section.
(i) (1) Each manufacturer shall follow the protocol in this subsection for disposing of cannabis in the event that any hemp or hemp product is deemed to exceed the prescribed THC concentration, as determined by the Commissioner of Consumer Protection, or a manufacturer licensee in possession of hemp or hemp products who desires to dispose of obsolete, misbranded, excess or otherwise undesired product. Each manufacturer licensee shall be responsible for all costs of disposal of hemp samples and any hemp produced by such licensee that violates the provisions of this section or any regulation adopted pursuant to this section. 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 and such licensee shall immediately notify both the Department of Consumer Protection and the Department of Agriculture, in writing, of such adulterated product. Such adulterated product shall be destroyed and disposed of by the following method, as determined by the Commissioner of Consumer Protection:
(A) Surrender, without compensation, of such hemp or hemp product to the Commissioner of Consumer Protection who shall be responsible for the destruction and disposal of such adulterated product; or
(B) By disposal in a manner prescribed by the Commissioner of Consumer Protection.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, upon written request of a manufacturer, the Commissioner of Consumer Protection may permit such manufacturer to combine different batches of raw hemp plant material to achieve a THC concentration of 0.3 per cent on a dry weight basis, in lieu of embargo or destruction.
(j) The manufacturer or manufacturer's authorized designee disposing of the hemp or hemp products shall maintain and make available to the Commissioner of Consumer Protection a record of each such disposal or destruction of product indicating:
(1) The date, time and location of disposal or destruction;
(2) The manner of disposal or destruction;
(3) The batch or lot information and quantity of hemp or hemp product disposed of or destroyed; and
(4) The signatures of the persons disposing of the hemp or hemp products, the authorized representative of the Commissioner of Consumer Protection and any other persons present during the disposal.
(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. A manufacturer licensee shall make available samples, in an amount and type determined by the Commissioner of Consumer Protection, of hemp for an independent testing laboratory employee to select random samples. 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.
(l) Once a batch of hemp, intended to be sold as a manufacturer hemp product, has been homogenized for sample testing and eventual packaging and sale, until the independent testing laboratory provides the results from its tests and analysis, the manufacturer shall segregate and withhold from use the entire batch of hemp that is intended for use as a manufacturer hemp product, except the samples that have been removed by the independent testing laboratory for testing. During this period of segregation, the manufacturer licensee shall maintain the hemp batch in a secure, cool and dry location, as prescribed by the Commissioner of Consumer Protection, so as to prevent the hemp from becoming adulterated. Such manufacturer shall not manufacture or sell a manufacturer hemp product prior to the time that the independent testing laboratory completes testing and analysis and provides such results, in writing, to the manufacturer licensee who initiated such testing.
(m) An independent testing laboratory shall immediately return or dispose of any hemp or manufacturer hemp product upon the completion of any testing, use or research. If an independent testing laboratory disposes of hemp or manufacturer hemp products, the laboratory shall dispose of such hemp in the following manner, as determined by the Commissioner of Consumer Protection:
(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; or
(2) By disposal in a manner prescribed by the Commissioner of Consumer Protection.
(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, the manufacturer licensee who sent such batch for testing shall:
(1) Retest and reanalyze the hemp from which the sample was taken by having an employee from the same laboratory randomly select another sample from the same hemp batch. If the sample used to retest or reanalyze such hemp yields satisfactory results for all testing required under this section, an employee from a different laboratory shall randomly select a different sample from the same hemp batch for testing. If both samples yield satisfactory results for all testing required under this section, the hemp batch from which the samples were taken shall be released for manufacturing, processing and sale;
(2) If a remediation plan sufficient to ensure public health and safety is submitted to and approved by the commissioner, remediate the hemp batch from which the sample was taken and have a laboratory employee randomly select a sample from such remediated hemp batch for testing. If such randomly selected sample yields satisfactory results for any testing required under this section, an employee from a different laboratory shall randomly select a different sample from the same hemp batch for testing. 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; or
(3) If the manufacturer does not retest or remediate, or if any subsequent laboratory testing does not yield satisfactory results for any testing required under this section, dispose of the entire batch from which the sample was taken in accordance with procedures established by the Commissioner of Consumer Protection pursuant to subdivision (1) of subsection (i) of this section.
(o) If a sample passes the microbiological, mycotoxin, heavy metal and pesticide chemical residue test, the independent testing laboratory shall release the entire batch for manufacturing, processing or sale.
(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. Each independent testing laboratory shall maintain the test results of each tested batch for a period of three years and shall make such results available to the Department of Consumer Protection upon request.
(q) Manufacturers shall maintain records required by the federal act, this section, any regulation adopted pursuant to this section and the policies, procedures and regulations adopted by the Commissioner of Consumer Protection pursuant to section 21a-421j. Each manufacturer shall make such records available to the Department of Consumer Protection immediately upon request and in electronic format, if available.
(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 with this section, prescribing storage and disposal procedures for 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.
(s) Any claim of health impacts, medical effects or physical or mental benefits shall be prohibited on any advertising for, labeling of or marketing of manufacturer hemp products regardless of whether such manufacturer hemp products were manufactured in this state or another jurisdiction. Any violation of this subsection shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b.
(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. Such report shall also include any legislative recommendations, including, but not limited to, any recommendations for requiring the registration of any manufacturer hemp product offered for sale in this state.
(u) (1) Any person who sells manufacturer hemp products shall not be required to be licensed, provided such person only engages in: (A) The retail or wholesale sale of manufacturer hemp products in which no further manufacturing of hemp occurs, provided such manufacturer hemp products are acquired from a person authorized to manufacture the manufacturer hemp products under the laws of this state or another state, territory or possession of the United States or another sovereign entity; (B) the acquisition of manufacturer hemp products for the sole purpose of product distribution for resale; and (C) the retail sale of manufacturer hemp products that is authorized under federal or state law.
(2) The Commissioner of Consumer Protection or Commissioner of Revenue Services may, pursuant to section 4-182, summarily suspend any credential the Department of Consumer Protection or Department of Revenue Services issued to any person who sells manufacturer hemp products in violation of subdivision (1) of this subsection or subsections (v) to (y), inclusive, of this section.
(v) No manufacturer hemp product offered for sale in this state, or to a consumer in this state, shall contain any synthetic cannabinoid, as defined in section 21a-240.
(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: (1) Bears a reasonable resemblance to trademarked or characteristic packaging of (A) cannabis offered for sale (i) in this state by a cannabis establishment licensed in this state, or (ii) on tribal land by a tribal-credentialed cannabis entity, or (B) a commercially available product other than a cannabis product, as defined in section 21a-420; or (2) implies that the manufacturer hemp product (A) is a cannabis product, as defined in section 21a-420, (B) contains a total THC concentration greater than three-tenths per cent on a dry-weight basis, or (C) is a high-THC hemp product, as defined in section 21a-240.
(x) No manufacturer hemp product that is a food, beverage, oil or other product intended for human ingestion 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:
(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) The name of such product;
(B) The name, address and telephone number of such product's manufacturer, packer and distributor, as applicable;
(C) The batch number, which shall match the batch number on such package or label; and
(D) The concentration of cannabinoids present in such product, including, but not limited to, total THC and any cannabinoids or active ingredients comprising at least one per cent of such product;
(2) The expiration or best by date for such product, if applicable;
(3) A clear and conspicuous statement disclosing that:
(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;
(B) Products containing cannabinoids should be kept out of reach of children; and
(C) The federal Food and Drug Administration has not evaluated such product for safety or efficacy; and
(4) If such product is intended to be inhaled, a clear and conspicuous warning statement disclosing that smoking or vaporizing is hazardous to human health.
(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:
(1) A scannable barcode, Internet web site address or quick response code that is linked to the certificate of analysis of the final form extract or final form product batch by an independent testing laboratory and discloses:
(A) The name of such product;
(B) The name, address and telephone number of such product's manufacturer, packer and distributor, as applicable;
(C) The batch number, which shall match the batch number on such package or label; and
(D) The concentration of cannabinoids present in such batch, including, but not limited to, total THC and any marketed cannabinoids;
(2) The expiration or best by date for such product, if applicable; and
(3) A clear and conspicuous statement disclosing the following:
“THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY OR EFFICACY.”.
(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.
(aa) Not later than October 31, 2023, the Department of Emergency Services and Public Protection shall, in consultation with the Department of Consumer Protection, publish a training bulletin to inform local law enforcement agencies and officers regarding the investigation and enforcement standards concerning cannabis and high-THC hemp products.
(bb) Notwithstanding any provision of the general statutes: (1) CBD that is found in manufacturer hemp products shall not be considered a controlled substance, as defined in section 21a-240, or legend drug, as defined in section 20-571; and (2) CBD derived from hemp and contained in manufacturer hemp products shall not be considered a controlled substance or adulterant.
(P.A. 19-3, S. 2; 19-117, S. 154; Sept. Sp. Sess. P.A. 20-2, S. 2; P.A. 21-37, S. 51, 52; P.A. 23-79, S. 45; 23-166, S. 7.)
History: P.A. 19-3 effective May 9, 2019; P.A. 19-117 amended Subsec. (n) to delete references to adoption of regulations pursuant to Ch. 54 and add reference to Subsec. (i)(1), effective June 26, 2019; Sept. Sp. Sess. P.A. 20-2 amended Subsec. (c) to increase application fee from $50 to $75 and increase licensing fee from $250 to $375, amended Subdiv. (d) to delete “hemp or hemp products” and replace “biennially” with “triennially”, amended Subsec. (f)(2) to delete “business” re entity, amended Subdiv. (i) to change provisions re hemp or hemp products containing THC concentration of more than 0.3 per cent with provisions re cannabis exceeding prescribed THC concentration in Subdiv. (1), replace provision re presence of authorized representative with provision re manner prescribed by commissioner in Subdiv. (1)(B), and add “of raw hemp plant material” in Subdiv. (2), amended Subsec. (j) to replace “person” with “manufacturer or manufacturer's authorized designee”, amended Subsecs. (k) and (l) to delete “or hemp product”, amended Subsec. (m)(2) to replace provision re presence of authorized representative with provision re manner prescribed by commissioner, amended Subsec. (r) to add provision re storage and disposal procedures for hemp, marijuana and manufacturer hemp projects that fail testing standards, added Subsecs. (u) and (v) re when license not required for person who sells manufacturer hemp products and substances in manufacturer hemp products, deleted references re other accredited testing laboratory, replaced references re consumable with references re manufacturer hemp product, and made technical and conforming changes, effective October 31, 2020; P.A. 21-37 amended Subsec. (g) to replace provision re licensee of palliative marijuana with provision re persons licensed pursuant to Sec. 21a-408i and amended Subsec. (k) to add “located in this state” re laboratories, effective July 1, 2021; P.A. 23-79 amended Subsec. (k) by adding “by a manufacturer” and replaced existing provisions re sample testing with provisions re testing in accordance with standards established pursuant to Sec. 21a-421j, substantially amended Subsec. (n) including provisions re samples that do not pass laboratory testing standards by establishing requirements re retesting, reanalysis and remediation, amended Subsec. (q) by adding provisions re policies, procedures and regulations adopted pursuant to Sec. 21a-421j, amended Subsec. (s) by adding provisions re jurisdiction in which manufacturer hemp products were manufactured and substituting reference to Sec. 42-110b(a) for reference to Ch. 735a, amended Subsec. (u) by designating existing provisions as Subdiv. (1), redesignating existing Subdivs. (1) to (3) as Subdiv. (1)(A) to (C), substituting “and” for “or” before designator (C) in Subdiv. (1) and adding Subdiv. (2) re summary suspension of credential, added new Subsec. (v) re synthetic cannabinoids, added Subsec. (w) re packaging, presentation and advertisement of manufacturer hemp products, Subsec. (x) re packaging and labeling of manufacturer hemp products intended for human consumption, Subsec. (y) re packaging and labeling of manufacturer hemp product that is topical, soap or cosmetic, Subsec. (z) re unfair or deceptive trade practice and Subsec. (aa) re training bulletin, redesignated existing Subsec. (v) as Subsec. (bb) and amended same by deleting former Subdiv. (1) and redesignating existing Subdivs. (2) and (3) as Subdivs. (1) and (2), and made technical and conforming changes in Subsecs. (l), (m), (t) and (bb), effective July 1, 2023; P.A. 23-166 changed effective date of P.A. 23-79, S. 45, from July 1, 2023, to October 1, 2023.
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Sec. 22-61n. Manufacture, marketing, cultivation and storage of hemp and hemp products by certain cannabis establishments. Purchase from third party. Requirements. (a) As used in this section:
(1) “Cultivator” has the same meaning as provided in section 21a-420;
(2) “Hemp” has the same meaning as provided in section 22-61l;
(3) “Hemp products” has the same meaning as provided in section 22-61l;
(4) “Micro-cultivator” has the same meaning as provided in section 21a-420;
(5) “Producer” has the same meaning as provided in section 21a-420; and
(6) “Product manufacturer” has the same meaning as provided in section 21a-420.
(b) Any producer, cultivator, micro-cultivator and product manufacturer may manufacture, market, cultivate or store hemp and hemp products in accordance with the provisions of this chapter and any regulations adopted pursuant to said chapter. A producer, cultivator, micro-cultivator and product manufacturer that obtains hemp and hemp products shall only obtain such hemp and hemp products from a person authorized under the laws of this state or another state, territory or possession of the United States or another sovereign entity to possess and sell such hemp and hemp products.
(c) Hemp or hemp products purchased by a producer, cultivator, micro-cultivator or product manufacturer from a third party shall be tracked as a separate batch throughout the manufacturing process in order to document the disposition of such hemp or hemp products. Once hemp or hemp products are received by a producer, cultivator, micro-cultivator or product manufacturer, such hemp or hemp products shall be deemed cannabis and shall comply with the requirements for cannabis contained in the applicable provisions of the general statutes and any regulations adopted pursuant to such provisions. A producer, cultivator, micro-cultivator and product manufacturer shall retain a copy of the certificate of analysis for purchased hemp or hemp products and invoice and transport documents that evidence the quantity purchased and date received.
(June Sp. Sess. P.A. 21-1, S. 147; P.A. 23-166, S. 4.)
History: June Sp. Sess. P.A. 21-1 effective July 1, 2021; P.A. 23-166 amended Subsec. (a) by designating existing definitions of “cultivator”, “hemp”, “hemp products”, “micro-cultivator”, “producer” and “product manufacturer” as Subdivs. (1) to (6) and deleting definitions of “hybrid retailer” and “retailer”, amended Subsec. (b) by adding provision re producer, cultivator, micro-cultivator or product manufacturer that obtains hemp or hemp product to only obtain hemp or hemp product from person authorized to possess and sell such hemp or hemp product, deleted former Subsec. (d) prohibiting sale or distribution of hemp or hemp products within dispensary facility licensed under Ch. 420f or business premises of hybrid retailer or retailer, and made technical and conforming changes throughout, effective July 1, 2023.
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