2022 Connecticut General Statutes
Title 21a - Consumer Protection
Chapter 420f - Palliative Use of Marijuana
Section 21a-408m. - Regulations re palliative use of marijuana. Fees. Policies and procedures.

(a) The Commissioner of Consumer Protection may adopt regulations, in accordance with chapter 54, to establish (1) a standard form for written certifications for the palliative use of marijuana issued by physicians and advanced practice registered nurses under subdivision (1) of subsection (a) of section 21a-408a, and (2) procedures for registrations under section 21a-408d. Such regulations, if any, shall be adopted after consultation with the Board of Physicians established in section 21a-408l.

(b) The Commissioner of Consumer Protection shall adopt regulations, in accordance with chapter 54, to establish a reasonable fee to be collected from each qualifying patient to whom a written certification for the palliative use of marijuana is issued under subdivision (1) of subsection (a) of section 21a-408a, for the purpose of offsetting the direct and indirect costs of administering the provisions of sections 21a-408 to 21a-408m, inclusive. The commissioner shall collect such fee at the time the qualifying patient registers with the Department of Consumer Protection under subsection (a) of section 21a-408d. Such fee shall be in addition to any registration fee that may be charged under said subsection. The fees required to be collected by the commissioner from qualifying patients under this subsection shall be paid to the State Treasurer and credited to the General Fund.

(c) The Commissioner of Consumer Protection shall adopt or amend regulations, as applicable, in accordance with chapter 54, to implement the provisions of sections 21a-408 to 21a-408g, inclusive, and section 21a-408l. Notwithstanding the requirements of sections 4-168 to 4-172, inclusive, in order to effectuate the purposes of sections 21a-408 to 21a-408g, inclusive, and section 21a-408l, and protect public health and safety, prior to adopting or amending such regulations the commissioner shall adopt policies and procedures to implement the provisions of sections 21a-408 to 21a-408g, inclusive, and section 21a-408 that shall have the force and effect of law. The commissioner shall post all policies and procedures on the department's Internet web site, and submit such policies and procedures to the Secretary of the State for posting on the eRegulations System, at least fifteen days prior to the effective date of any policy or procedure. Any such policy or procedure shall no longer be effective upon the earlier of either adoption of such policies or procedures as a final regulation pursuant to section 4-172 or forty-eight months from October 1, 2021, if such policies or procedures have not been submitted to the legislative regulation review committee for consideration under section 4-170. Such policies and procedures and regulations shall include, but not be limited to, how the department shall:

(1) Accept applications for the issuance and renewal of registration certificates for qualifying patients and caregivers;

(2) Establish criteria for adding medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the palliative use of marijuana;

(3) Establish a petition process under which members of the public may submit petitions, regarding the addition of medical conditions, medical treatments or diseases to the list of debilitating medical conditions;

(4) Establish requirements for the growing of cannabis plants by a qualifying patient in his or her primary residence as authorized under section 21a-408d, including requirements for securing such plants to prevent access by any individual other than the patient or the patient's caregiver, the location of such plants and any other requirements necessary to protect public health or safety;

(5) Develop a distribution system for marijuana for palliative use that provides for:

(A) Marijuana production facilities within this state that are housed on secured grounds and operated by producers;

(B) The transfer of marijuana between dispensary facilities; and

(C) Distribution of marijuana for palliative use to qualifying patients or their caregivers by dispensary facilities, hybrid retailers and delivery services, as such terms are defined in section 21a-420; and

(6) Ensure an adequate supply and variety of marijuana to dispensary facilities and hybrid retailers to ensure uninterrupted availability for qualifying patients, based on historical marijuana purchase patterns by qualifying patients.

(P.A. 12-55, S. 14; P.A. 15-244, S. 102; P.A. 16-39, S. 51; June Sp. Sess. P.A. 21-1, S. 75.)

History: P.A. 12-55 effective May 31, 2012; P.A. 15-244 amended Subsec. (b) to substitute “General Fund” for “account established pursuant to section 21a-408q”, effective July 1, 2015; P.A. 16-39 amended Subsec. (a)(1) by adding reference to advanced practice registered nurses, effective January 1, 2017; June Sp. Sess. P.A. 21-1 amended Subsec. (b) by replacing “21a-408n” with “21a-408m”, amended Subsec. (c) by making technical changes, adding reference to amending regulations and provisions re adopting policies and procedures, amending Subdiv. (1) by replacing “govern the manner in which the department considers” with “accept”, deleting “primary” before “caregiver”, deleting provision re information to be contained in registration certificates, deleting Subdiv. (2) re protocols for determining amount of usable marijuana necessary for an adequate supply, redesignating existing Subdivs. (3) and (4) as Subdivs. (2) and (3), amending redesignated Subdiv. (3) to delete reference to manner and form prescribed in regulations, deleting former Subdiv. (5) re process for public comment and public hearings, deleting former Subdiv. (6) re list of debilitating medical conditions, adding new Subdiv. (4) re requirements for growing of cannabis plants, redesignating existing Subdiv. (7) as Subdiv. (5) and amending same to delete “licensed” in Subpara. (A), adding new Subpara. (B) re transfer of marijuana, redesignating existing Subpara. (B) as Subpara. (C) and amended redesignated Subpara. (C) by deleting “primary” before “caregivers” and replacing “licensed dispensaries” with terms defined in Sec. 21a-420 and adding new Subdiv. (6) re ensuring an adequate supply and variety and deleted former Subsec.(d) re submitting regulations by July 1, 2013.