2022 Connecticut General Statutes
Title 21a - Consumer Protection
Chapter 420f - Palliative Use of Marijuana
Section 21a-408b. - Caregiver not subject to arrest, prosecution or certain other penalties. Requirements. Prohibition re dispensing cannabis product in smokable, inhalable or vaporizable form.
(a) No person may serve as a 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 caregiver may not be responsible for the care of more than one qualifying patient at any time, except that a caregiver may be responsible for the care of more than one qualifying patient if the caregiver and each qualifying patient have a parental, guardianship, conservatorship or sibling relationship.
(b) A 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-408m, 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 caregiver's qualifying patient, provided 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 caregiver, does not exceed five ounces. For the purposes of this subsection, “distribution” or “distributed” means the transfer of marijuana and paraphernalia related to marijuana from the caregiver to the qualifying patient.
(c) A dispensary facility shall not dispense any cannabis product, as defined in section 21a-420, in a smokable, inhalable or vaporizable form to a caregiver for a qualifying patient who is under eighteen years of age.
(P.A. 12-55, S. 3; P.A. 16-23, S. 3; June Sp. Sess. P.A. 21-1, S. 68.)
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; June Sp. Sess. P.A. 21-1 replaced references to primary caregiver with caregiver throughout, amended Subsec. (b) by replacing reference to Sec. 21a-408n with Sec. 21a-408m, deleting former Subdiv. (2) re amount obtained within this state and redesignating remaining provisions as Subsec. (b), replacing reference to amount determined by department with 5 ounces and deleting provision re person possessing marijuana not originating from selected dispensary being subject to hearing and amended Subsec. (c) by replacing “dispensary” with “dispensary facility” and “marijuana” with “cannabis product” and reference to section 21a-420, effective July 1, 2021.
