2012 Connecticut General Statutes
Title 21a - Consumer Protection
Chapter 420f - Palliative Use of Marijuana
Section 21a-408 - Definitions.

As used in sections 21a-408 to 21a-408o, inclusive, unless the context otherwise requires:

(1) “Cultivation” includes planting, propagating, cultivating, growing and harvesting;

(2) “Debilitating medical condition” means (A) cancer, glaucoma, positive status for human immunodeficiency virus or acquired immune deficiency syndrome, Parkinson’s disease, multiple sclerosis, damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity, epilepsy, cachexia, wasting syndrome, Crohn’s disease, posttraumatic stress disorder, or (B) any medical condition, medical treatment or disease approved by the Department of Consumer Protection pursuant to regulations adopted under section 21a-408m;

(3) “Licensed dispensary” or “dispensary” means a person licensed as a dispensary pursuant to section 21a-408h;

(4) “Licensed producer” or “producer” means a person licensed as a producer pursuant to section 21a-408i;

(5) “Marijuana” means marijuana, as defined in section 21a-240;

(6) “Palliative use” means the acquisition, distribution, transfer, possession, use or transportation of marijuana or paraphernalia relating to marijuana, including the transfer of marijuana and paraphernalia relating to marijuana from the patient’s primary caregiver to the qualifying patient, to alleviate a qualifying patient’s symptoms of a debilitating medical condition or the effects of such symptoms, but does not include any such use of marijuana by any person other than the qualifying patient;

(7) “Paraphernalia” means drug paraphernalia, as defined in section 21a-240;

(8) “Physician” means a person who is licensed under chapter 370, but does not include a physician assistant, as defined in section 20-12a;

(9) “Primary caregiver” means a person, other than the qualifying patient and the qualifying patient’s physician, 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 lacking legal capacity, such person shall be a parent, guardian or person having legal custody of such qualifying patient, and (B) the need for such person shall be evaluated by the qualifying patient’s physician and such need shall be documented in the written certification;

(10) “Qualifying patient” means a person who is eighteen years of age or older, is a resident of Connecticut and has been diagnosed by a physician as having a debilitating medical condition. “Qualifying patient” does not include an inmate confined in a correctional institution or facility under the supervision of the Department of Correction;

(11) “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 palliative use of marijuana, but does not include the seeds, stalks and roots of the marijuana plant; and

(12) “Written certification” means a written certification issued by a physician pursuant to section 21a-408c.

(P.A. 12-55, S. 1.)

History: P.A. 12-55 effective May 31, 2012.