2019 Connecticut General Statutes
Title 21a - Consumer Protection
Chapter 420f - Palliative Use of Marijuana
Section 21a-408b - Primary caregiver not subject to arrest, prosecution or certain other penalties. Requirements. Exceptions. Prohibition re dispensing marijuana in smokable, inhalable or vaporizable form.
(a) No person may serve as a primary caregiver for a qualifying patient (1) unless such qualifying patient has a valid registration certificate from the Department of Consumer Protection pursuant to subsection (a) of section 21a-408d, and (2) if such person has been convicted of a violation of any law pertaining to the illegal manufacture, sale or distribution of a controlled substance. A primary caregiver may not be responsible for the care of more than one qualifying patient at any time, except that a primary caregiver may be responsible for the care of more than one qualifying patient if the primary caregiver and each qualifying patient have a parental, guardianship, conservatorship or sibling relationship.
(b) A primary caregiver who has a valid registration certificate from the Department of Consumer Protection pursuant to subsection (a) of section 21a-408d and complies with the requirements of sections 21a-408 to 21a-408n, inclusive, shall not be subject to arrest or prosecution, penalized in any manner, including, but not limited to, being subject to any civil penalty, or denied any right or privilege, including, but not limited to, being subject to any disciplinary action by a professional licensing board, for the acquisition, distribution, possession or transportation of marijuana or paraphernalia related to marijuana on behalf of such primary caregiver's qualifying patient, provided (1) the amount of any marijuana so acquired, distributed, possessed or transported, together with the combined amount of usable marijuana possessed by the qualifying patient and the primary caregiver, does not exceed an amount reasonably necessary to ensure uninterrupted availability for a period of one month, as determined by the Department of Consumer Protection pursuant to regulations adopted under section 21a-408m, and (2) such amount is obtained solely within this state from a licensed dispensary. Any person with a valid registration certificate who is found to be in possession of marijuana that did not originate from the selected dispensary may be subject to a hearing before the commissioner for possible enforcement action concerning the registration certificate issued by the department. For the purposes of this subsection, “distribution” or “distributed” means the transfer of marijuana and paraphernalia related to marijuana from the primary caregiver to the qualifying patient.
(c) A dispensary shall not dispense any marijuana product in a smokable, inhalable or vaporizable form to a primary caregiver for a qualifying patient who is under eighteen years of age.
(P.A. 12-55, S. 3; P.A. 16-23, S. 3.)
History: P.A. 16-23 amended Subsec. (b) by adding provision re person with valid registration certificate found in possession of marijuana that did not originate from selected dispensary and added Subsec. (c) re prohibition on dispensing marijuana product in smokable, inhalable or vaporizable form to primary caregiver for qualifying patient under 18 years of age.
