2022 Connecticut General Statutes
Title 21a - Consumer Protection
Chapter 420f - Palliative Use of Marijuana
Section 21a-408. - Definitions.

As used in this section, sections 21a-408a to 21a-408o, inclusive, and sections 21a-408r to 21a-408v, inclusive, unless the context otherwise requires:

(1) “Advanced practice registered nurse” means an advanced practice registered nurse licensed pursuant to chapter 378;

(2) “Cannabis establishment” has the same meaning as provided in section 21a-420;

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

(4) “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 or uncontrolled intractable seizure disorder, cachexia, wasting syndrome, Crohn's disease, posttraumatic stress disorder, irreversible spinal cord injury with objective neurological indication of intractable spasticity, cerebral palsy, cystic fibrosis or terminal illness requiring end-of-life care, except, if the qualifying patient is under eighteen years of age, “debilitating medical condition” means terminal illness requiring end-of-life care, irreversible spinal cord injury with objective neurological indication of intractable spasticity, cerebral palsy, cystic fibrosis, severe epilepsy or uncontrolled intractable seizure disorder, or (B) any medical condition, medical treatment or disease approved for qualifying patients by the Department of Consumer Protection and posted online pursuant to section 21a-408l;

(5) “Dispensary facility” means a place of business where marijuana may be dispensed, sold or distributed in accordance with this chapter and any regulations adopted thereunder to qualifying patients and caregivers and for which the department has issued a dispensary facility license pursuant to this chapter;

(6) “Employee” has the same meaning as provided in section 21a-420;

(7) “Institutional animal care and use committee” means a committee that oversees an organization's animal program, facilities and procedures to ensure compliance with federal policies, guidelines and principles related to the care and use of animals in research;

(8) “Institutional review board” means a specifically constituted review body established or designated by an organization to protect the rights and welfare of persons recruited to participate in biomedical, behavioral or social science research;

(9) “Laboratory” means a laboratory located in the state that is licensed by the department to provide analysis of marijuana and that meets the licensure requirements set forth in section 21a-246;

(10) “Laboratory employee” means a person who is registered as a laboratory employee pursuant to section 21a-408r;

(11) “Licensed dispensary” or “dispensary” means an individual who is a licensed pharmacist employed by a dispensary facility or hybrid retailer;

(12) “Producer” means a person who is licensed as a producer pursuant to section 21a-408i;

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

(14) “Nurse” means a person who is licensed as a nurse under chapter 378;

(15) “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 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;

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

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

(18) “Caregiver” means a person, other than the qualifying patient and the qualifying patient's physician or advanced practice registered nurse, who is eighteen years of age or older and has agreed to undertake responsibility for managing the well-being of the qualifying patient with respect to the palliative use of marijuana, provided (A) in the case of a qualifying patient (i) under eighteen years of age and not an emancipated minor, or (ii) otherwise lacking legal capacity, such person shall be a parent, guardian or person having legal custody of such qualifying patient, and (B) in the case of a qualifying patient eighteen years of age or older or an emancipated minor, the need for such person shall be evaluated by the qualifying patient's physician or advanced practice registered nurse and such need shall be documented in the written certification;

(19) “Qualifying patient” means a person who: (A) Is a resident of Connecticut, (B) has been diagnosed by a physician or an advanced practice registered nurse as having a debilitating medical condition, and (C) (i) is eighteen years of age or older, (ii) is an emancipated minor, or (iii) has written consent from a custodial parent, guardian or other person having legal custody of such person that indicates that such person has permission from such parent, guardian or other person for the palliative use of marijuana for a debilitating medical condition and that such parent, guardian or other person will (I) serve as a caregiver for the qualifying patient, and (II) control the acquisition and possession of marijuana and any related paraphernalia for palliative use on behalf of such person. “Qualifying patient” does not include an inmate confined in a correctional institution or facility under the supervision of the Department of Correction;

(20) “Research program” means a study approved by the Department of Consumer Protection in accordance with this chapter and undertaken to increase information or knowledge regarding the growth or processing of marijuana, or the medical attributes, dosage forms, administration or use of marijuana to treat or alleviate symptoms of any medical conditions or the effects of such symptoms;

(21) “Research program employee” means a person who (A) is registered as a research program employee under section 21a-408t, or (B) holds a temporary certificate of registration issued pursuant to section 21a-408t;

(22) “Research program subject” means a person registered as a research program subject pursuant to section 21a-408v;

(23) “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

(24) “Written certification” means a written certification issued by a physician or an advanced practice registered nurse pursuant to section 21a-408c.

(P.A. 12-55, S. 1; P.A. 16-23, S. 1; 16-39, S. 47; June Sp. Sess. P.A. 21-1, S. 66.)

History: P.A. 12-55 effective May 31, 2012; P.A. 16-23 added reference to Secs. 21a-408r to 21a-408v in introductory language, added definitions of “institutional animal care and use committee”, “institutional review board”, “laboratory”, “laboratory employee”, “nurse”, “research program”, “research program employee” and “research program subject”, redefined “debilitating medical condition”, “primary caregiver”, and “qualifying patient”, and made technical changes; P.A. 16-39 defined “advanced practice registered nurse” and added references to advanced practice registered nurse in definitions of “primary caregiver”, “qualifying patient” and “written certification”, effective January 1, 2017; June Sp. Sess. P.A. 21-1 added Subdiv. (2) defining “cannabis establishment”, redesignated existing Subdivs. (2) and (3) as Subdivs. (3) and (4), amended redesignated Subdiv. (4) redefining “medical condition” to replace reference to regulations adopted under Sec. 21a-408m with reference to posting online pursuant to Sec. 21a-408l, added Subdiv. (5) defining “dispensary facility”, added Subdiv. (6) defining “employee”, redesignated existing Subdivs.(4) to (21) as Subdivs. (7) to (24), amended redesignated Subdiv. (9) to redefine “laboratory”, amended redesignated Subdiv. (10) to redefine “laboratory employee” by replacing “licensed” with “registered” and deleting reference to temporary certificate of registration, amended redesignated Subdiv. (11) to redefine “licensed dispensary”, amended redesignated Subdiv. (12) to define “producer” rather than “licensed producer”, amended redesignated Subdiv. (15) by deleting “primary” before “caregiver”, amended redesignated Subdiv. (18) to define “caregiver” rather than “primary caregiver”, amended redesignated Subdiv. (20) to redefine “research program” and amended redesignated Subdiv. (21) to replace “licensed” with “registered”.