Bill Text: CT SB00011 | 2017 | General Assembly | Comm Sub
Bill Title: An Act Concerning The Legalization And Taxation Of The Retail Sale Of Marijuana.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2017-03-17 - Public Hearing 03/22 [SB00011 Detail]
Download: Connecticut-2017-SB00011-Comm_Sub.html
General Assembly |
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January Session, 2017 |
LCO No. 5419 | ||
*05419SB00011JUD* | |||
Referred to Committee on JUDICIARY |
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Introduced by: |
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(JUD) |
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AN ACT CONCERNING THE LEGALIZATION AND TAXATION OF THE RETAIL SALE OF MARIJUANA.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective from passage) As used in this section, and sections 2 to 19, inclusive, of this act, unless the context otherwise requires:
(1) "Consumer" is a person twenty-one years of age or older;
(2) "Cultivation" means cultivation, as defined in section 21a-408 of the general statutes;
(3) "Dispense" means dispense, as defined in section 21a-240 of the general statutes;
(4) "Distribute" means distribute, as defined in section 21a-240 of the general statutes;
(5) "Laboratory" means a laboratory located in the state that is licensed to provide analysis of controlled substances pursuant to section 21a-246 or 21a-408 of the general statutes or section 11 of this act;
(6) "Laboratory employee" means a person who is (A) licensed as a laboratory employee pursuant to section 21a-408r of the general statutes, or section 11 of this act, or (B) holds a temporary license issued pursuant to section 21a-408r of the general statutes, or section 11 of this act;
(7) "Marijuana" means marijuana, as defined in section 21a-240 of the general statutes;
(8) "Marijuana concentrate" includes tinctures and extracts;
(9) "Marijuana cultivation facility" means a person licensed to cultivate, prepare and package marijuana and sell marijuana to marijuana retailers, marijuana product manufacturing facilities, marijuana lounges and other marijuana cultivation facilities. "Marijuana cultivation facility" does not include the residence or dwelling of a person who engages in home cultivation for personal use pursuant to section 7 of this act;
(10) "Marijuana establishment" means a marijuana cultivation facility, marijuana lounge, marijuana product manufacturing facility or marijuana retailer;
(11) "Marijuana lounge" means a person licensed to sell marijuana or marijuana products to consumers for on-site consumption by means other than smoking;
(12) "Marijuana product" means a product that is comprised of marijuana or marijuana concentrates and other ingredients and are intended for use or consumption, including, but not limited to, edible products and ointments;
(13) "Marijuana product manufacturing facility" means a person licensed to purchase marijuana, manufacture, prepare and package marijuana products and sell marijuana and marijuana products to marijuana product manufacturing facilities, marijuana lounges and retail marijuana stores;
(14) "Marijuana retailer" means a person registered to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers;
(15) "Paraphernalia" means drug paraphernalia, as defined in section 21a-240 of the general statutes;
(16) "Possession limit" means the amount of marijuana that may be possessed at any one time by a consumer; and
(17) "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 use or consumption of marijuana, but does not include the seeds, stalks and roots of the marijuana plant.
Sec. 2. (NEW) (Effective July 1, 2018) (a) A consumer may purchase or possess marijuana or marijuana products, provided no such consumer possesses (1) any such marijuana or marijuana product in a manner that not is secure from unauthorized access or access by any person under twenty-one years of age, or (3) any such marijuana or marijuana product in an amount that exceeds his or her possession limit of one ounce of marijuana, of which no more than five grams may be concentrated marijuana. The possession limit provided by this section shall not apply to the possession of marijuana plants or usable marijuana harvested from such plants in the course of cultivation pursuant to section 7 of this act.
(b) Except as provided in chapter 420b or 420f of the general statutes, no person may purchase marijuana or marijuana products, except from a marijuana retailer or a marijuana lounge.
(c) No marijuana retailer or a marijuana lounge may sell any marijuana or marijuana product to any person under twenty-one years of age and shall ensure that any purchase pursuant to this section is conducted in accordance with section 30-86 of the general statutes, as amended by this act.
(d) Any sales transaction made pursuant to this section shall be subject to the tax under chapter 219 of the general statutes.
Sec. 3. (NEW) (Effective July 1, 2018) Notwithstanding any provision of the general statutes, no operator of a marijuana establishment, employee of any such establishment or consumer may 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 for the acquisition, distribution, possession, use or transportation of marijuana or paraphernalia related to marijuana in accordance with the provisions of sections 2 to 19, inclusive, of this act.
Sec. 4. (NEW) (Effective July 1, 2018) Any marijuana, paraphernalia relating to marijuana or other property seized by law enforcement officials from a consumer or marijuana establishment in connection with the claimed use of marijuana under sections 2 to 19, inclusive, of this act, shall be returned to the consumer or marijuana establishment immediately upon the determination by a court that the consumer or marijuana establishment is in compliance with the provisions of sections 2 to 19, inclusive, of this act, as evidenced by a decision not to prosecute, a dismissal of charges or an acquittal. The provisions of this section do not apply to any person that fails to comply with the provisions of sections 2 to 19, inclusive, of this act.
Sec. 5. (NEW) (Effective July 1, 2018) (a) Except as provided in chapter 420b or 420f of the general statutes and subsection (b) of this section, no person, other than a marijuana retailer or marijuana lounge, as provided in section 2 of this act, may distribute, sell, dispense, offer or give marijuana to a consumer.
(b) Any consumer who purchases marijuana from a marijuana retailer may offer or give marijuana to another consumer, provided such other consumer may possess such marijuana without exceeding the possession limit imposed under section 2 of this act.
Sec. 6. (NEW) (Effective July 1, 2018) Notwithstanding any provision of chapter 420b of the general statutes, a consumer may manufacture, possess or purchase paraphernalia related to marijuana or distribute or sell paraphernalia related to marijuana to another consumer.
Sec. 7. (NEW) (Effective July 1, 2018) (a) No person not licensed pursuant to section 9 of this act may cultivate more than five marijuana plants at any one time.
(b) No such person may cultivate marijuana plants, unless (1) such person is twenty-one years of age or older, (2) takes reasonable precautions to ensure that the plants are secure from unauthorized access or access by any person under twenty-one years of age, and (3) ensures that any such cultivation is in a location where the plants are not subject to public view, including to view from another property, without the use of binoculars, aircraft or other optical aids.
(c) No such person may cultivate a marijuana plant on any property not lawfully in the person's possession.
(d) Any person who violates any provision of this section shall be subject to a civil penalty of not more than seven hundred fifty dollars.
Sec. 8. (NEW) (Effective from passage) (a) On and after January 1, 2018, the Liquor and Marijuana Control Commission may issue or renew licenses for a person to be a marijuana retailer or marijuana lounge, provided any such person does not operate as a marijuana retailer or marijuana lounge prior to July 1, 2018. No person may act as a marijuana retailer or marijuana lounge or represent that such person is a licensed retailer or lounge, unless such person has obtained a license from the commission pursuant to this section.
(b) The commission shall determine the number of marijuana retailers and marijuana lounges appropriate to meet the needs of consumers and shall adopt regulations, in accordance with chapter 54 of the general statutes, to provide for the licensure and standards for marijuana retailers and marijuana lounges. On and after the effective date of such regulations, the commission may license any person that applies for a license in accordance with such regulations, provided the commission deems such applicant qualified to acquire, possess, distribute and dispense marijuana pursuant to sections 2 to 19, inclusive, of this act and the number of licenses issued does not exceed the number of marijuana retailers and marijuana lounges appropriate to meet the needs of consumers, as determined by the commission pursuant to this subsection. At a minimum, such regulations shall:
(A) Indicate the maximum number of marijuana retailers and marijuana lounges that may be licensed in this state;
(B) Provide that no marijuana may be dispensed from, obtained from or transferred to a location outside of this state;
(C) Establish a licensing fee and renewal fee for each licensed marijuana retailer or marijuana lounge, provided such fees shall not be less than the amount necessary to cover the direct and indirect cost of licensing and regulating marijuana retailers and marijuana lounges pursuant to sections 2 to 19, inclusive, of this act;
(D) Provide for renewal of such marijuana retailer or marijuana lounge licenses at least every two years;
(E) Describe areas in this state where licensed marijuana retailers or marijuana lounges may not be located, after considering the criteria for the location of retail liquor permit premises set forth in subsection (a) of section 30-46 of the general statutes;
(F) Establish health, safety and security requirements for licensed marijuana retailers and marijuana lounges, which may include, but need not be limited to: (i) The ability to maintain adequate control against the diversion, theft and loss of marijuana acquired or possessed by the licensed marijuana retailer or marijuana lounge, and (ii) the ability to maintain the knowledge, understanding, judgment, procedures, security controls and ethics to ensure optimal safety and accuracy in the distributing, dispensing and use of marijuana;
(G) Provide a scheme that gives priority to applicants licensed as dispensaries under section 21a-408h of the general statutes;
(H) Establish standards and procedures for revocation, suspension, summary suspension and nonrenewal of marijuana retailer or marijuana lounge licenses, provided such standards and procedures are consistent with the provisions of subsection (c) of section 4-182 of the general statutes; and
(I) Establish other licensing, renewal and operational standards deemed necessary by the commission.
(c) Any fees collected by the commission under this section shall be paid to the State Treasurer and credited to the General Fund.
Sec. 9. (NEW) (Effective from passage) (a) The Liquor and Marijuana Control Commission may issue or renew a license for a person to be a marijuana cultivation facility. No person may act as a marijuana cultivation facility or represent that such person is a licensed a marijuana cultivation facility unless such person has obtained a license from the commission pursuant to this section.
(b) The commission shall determine the number of marijuana cultivation facilities appropriate to meet the needs of consumers and shall adopt regulations, in accordance with chapter 54 of the general statutes, to provide for the licensure, standards and locations for a marijuana cultivation facility and specify the maximum number of such facilities that may be licensed in this state at any time. On and after the effective date of such regulations, the commissioner may license any person who applies for a license in accordance with such regulations, provided (1) such person is organized for the purpose of cultivating marijuana in this state, (2) the commissioner finds that such applicant has appropriate expertise in agriculture and that such applicant is qualified to cultivate marijuana and sell, deliver, transport or distribute marijuana solely within this state pursuant to sections 2 to 19, inclusive, of this act, and (3) the number of marijuana cultivation facility licenses issued does not exceed the number appropriate to meet the needs of consumers, as determined by the commission pursuant to this subsection. At a minimum, such regulations shall:
(A) Indicate the maximum number of a marijuana cultivation facility that may be licensed at any time;
(B) Provide that no marijuana may be sold, delivered, transported or distributed by a marijuana cultivation facility from or to a location outside of this state or to any consumer in this state;
(C) Establish a nonrefundable application fee of not less than twenty-five thousand dollars for each application submitted for a marijuana cultivation facility license;
(D) Establish a license fee and renewal fee for each licensed marijuana cultivation facility, provided the aggregate amount of such license and renewal fees shall not be less than the amount necessary to cover the direct and indirect cost of licensing and regulating marijuana cultivation facilities pursuant to sections 2 to 19, inclusive, of this act;
(E) Provide for renewal of such a marijuana cultivation facility licenses at least every five years;
(F) Provide that no marijuana cultivation facility may cultivate marijuana for use outside of this state and designate permissible locations for a licensed marijuana cultivation facility in this state;
(G) Establish financial requirements for marijuana cultivation facilities, under which (i) each applicant demonstrates the financial capacity to build and operate a marijuana production facility, and (ii) each licensed marijuana cultivation facility may be required to maintain an escrow account in a financial institution in this state in an amount of two million dollars;
(H) Establish health, safety and security requirements for licensed marijuana cultivation facilities, which shall include, but need not be limited to, a requirement that the applicant or licensed marijuana cultivation facility demonstrate: (i) The ability to maintain adequate control against the diversion, theft and loss of marijuana cultivated by the marijuana cultivation facility, and (ii) the ability to cultivate such marijuana in a secure manner;
(I) Provide a scheme that gives priority to applicants licensed as producers under section 21a-408i of the general statutes;
(J) Establish standards and procedures for revocation, suspension, summary suspension and nonrenewal of marijuana cultivation facility licenses, provided such standards and procedures are consistent with the provisions of subsection (c) of section 4-182; and
(K) Establish other licensing, renewal and operational standards deemed necessary by the commission.
(c) Any fees collected by the commission under this section shall be paid to the State Treasurer and credited to the General Fund.
Sec. 10. (NEW) (Effective from passage) (a) The Liquor and Marijuana Control Commission may issue or renew a license for a person to be a marijuana product manufacturing facility. No person may act as a marijuana product manufacturing facility or represent that such person is a licensed marijuana product manufacturing facility unless such person has obtained a license from the commission pursuant to this section.
(b) The commission shall adopt regulations, in accordance with chapter 54 of the general statutes, to provide for the licensure, standards and locations for marijuana product manufacturing facilities. On and after the effective date of such regulations, the commissioner may license any person who applies for a license in accordance with such regulations, provided (1) such person is organized for the purpose of manufacturing marijuana products in this state, (2) the commissioner finds that such applicant is qualified to manufacture marijuana products and sell, deliver, transport or distribute such products solely within this state pursuant to sections 2 to 19, inclusive, of this act. At a minimum, such regulations shall:
(A) Provide that no marijuana products may be sold, delivered, transported or distributed by a marijuana product manufacturing facility from or to a location outside of this state or to any consumer in this state;
(B) Establish a nonrefundable application fee for each application submitted for a marijuana product manufacturing facility license;
(C) Establish a license fee and renewal fee for each licensed marijuana product manufacturing facility, provided the aggregate amount of such license and renewal fees shall not be less than the amount necessary to cover the direct and indirect cost of licensing and regulating marijuana product manufacturing facility pursuant to sections 2 to 19, inclusive, of the general statutes;
(D) Provide for renewal of such a marijuana product manufacturing facility licenses at least every five years;
(E) Provide that no marijuana product manufacturing facility may manufacture products for distribution outside of this state and designate permissible locations for a licensed marijuana product manufacturing facility in this state;
(F) Establish financial requirements for marijuana product manufacturing facility, under which each applicant demonstrates the financial capacity to build and operate a marijuana product manufacturing facility;
(G) Establish health, safety and security requirements for a licensed marijuana product manufacturing facility, which shall include, but need not be limited to, a requirement that the applicant or licensed marijuana product manufacturing facility demonstrates the ability to maintain adequate control against the diversion, theft and loss of marijuana and marijuana products;
(H) Establish standards and procedures for revocation, suspension, summary suspension and nonrenewal of marijuana product manufacturing facility licenses, provided such standards and procedures are consistent with the provisions of subsection (c) of section 4-182 of the general statutes; and
(I) Establish other licensing, renewal and operational standards deemed necessary by the commission.
(c) Any fees collected by the commission under this section shall be paid to the State Treasurer and credited to the General Fund.
Sec. 11. (NEW) (Effective from passage) (a) Except as provided in subsection (b) of this section, no person may act as a laboratory or a laboratory employee or represent that such person is a licensed laboratory or laboratory employee unless such person has obtained a license from the Commissioner of Consumer Protection pursuant to this section or section 21a-408r or 21a-246 of the general statutes.
(b) Prior to the effective date of regulations adopted under this section, the Commissioner of Consumer Protection may issue a temporary license to a laboratory employee. The commissioner shall prescribe the standards, procedures and fees for obtaining a temporary license as a laboratory employee.
(c) The Commissioner of Consumer Protection shall adopt regulations, in accordance with chapter 54, to (1) provide for the licensure of laboratories and laboratory employees, (2) establish standards and procedures for the revocation, suspension, summary suspension and nonrenewal of laboratory and laboratory employee licenses, provided such standards and procedures are consistent with the provisions of subsection (c) of section 4-182 of the general statutes, (3) establish a license and renewal fee for each licensed laboratory and licensed laboratory employee, provided the aggregate amount of such license and renewal fees shall not be less than the amount necessary to cover the direct and indirect cost of licensing and regulating laboratories and laboratory employees in accordance with the provisions of this chapter, and (4) establish other licensing, renewal and operational standards deemed necessary by the commissioner.
(d) Any fees collected by the Department of Consumer Protection under this section shall be paid to the State Treasurer and credited to the General Fund.
Sec. 12. (NEW) (Effective from passage) (a) No laboratory employee may (1) acquire marijuana from a person other than a licensed marijuana establishment or laboratory or organization engaged in a research program, (2) deliver, transport or distribute marijuana to (A) a person who is not so licensed, or (B) an organization not engaged in a research program, or (3) obtain or transport marijuana outside of this state in violation of state or federal law.
(b) (1) Laboratory employees shall test samples of marijuana and marijuana products obtained from marijuana establishments for contaminants and potency. The Commissioner of Consumer Protection shall adopt regulations, in accordance with chapter 54 of the general statutes, to establish testing protocol and requirements for reporting results.
(2) No laboratory employee acting within the scope of his or her employment shall 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 acquiring, possessing, delivering, transporting or distributing marijuana to a licensed marijuana establishment or an organization engaged in an approved research program under the provisions of this chapter.
(3) No laboratory shall be subject to prosecution, penalized in any manner, including, but not limited to, being subject to any civil penalty or denied any right or privilege, for acquiring, possessing, delivering, transporting or distributing marijuana to a licensed dispensary, a licensed producer or an organization engaged in an approved research program under the provisions of this chapter.
Sec. 13. (NEW) (Effective from passage) The Liquor and Marijuana Control Commission may, in its discretion, suspend, revoke or refuse to grant or renew any license under sections 8 to 11, inclusive, of this act, for the same reasons and using the same procedures as the Department of Consumer Protection may use to suspend, revoke or refuse to grant a permit for the sale of alcoholic liquor pursuant to section 30-47 of the general statutes.
Sec. 14. (NEW) (Effective from passage) (a) Any town may, by town meeting or ordinance, prohibit or restrict in any manner the operation of a marijuana establishment within the limits of such town.
(b) Any town may, by town meeting or ordinance, allow for the operation of one or more marijuana lounges within the limits of such town.
(c) The Liquor and Marijuana Control Commission shall refuse licenses to marijuana establishments (1) for locations in towns that have opted not to host such an establishment pursuant to subsection (a) of this section, or (2) where prohibited by the zoning ordinance of any town.
(d) The Liquor and Marijuana Control Commission shall refuse a license to a marijuana lounge, unless such marijuana lounge will operate in a town that, pursuant to subsection (b) of this section, allows for such operation.
Sec. 15. (NEW) (Effective from passage) (a) Notwithstanding any provision of the general statutes, the following acts, when performed by a marijuana retailer or a marijuana lounge or a person twenty-one years of age or older who is acting in his or her capacity as an owner, employee, or agent of a retail marijuana store, are not unlawful and shall not be an offense or a basis for seizure or forfeiture of assets:
(1) Possessing, displaying, storing or transporting marijuana or marijuana products;
(2) Purchasing marijuana from a marijuana cultivation facility;
(3) Purchasing marijuana or marijuana products from a marijuana product manufacturing facility;
(4) Delivering or transferring marijuana or marijuana products to a laboratory; and
(5) Delivering, distributing or selling marijuana or marijuana products to consumers, marijuana retailers or marijuana lounges.
(b) Notwithstanding any provision of the general statutes, the following acts, when performed by a marijuana cultivation facility or a person twenty-one years of age or older who is acting in his or her capacity as an owner, employee or agent of a marijuana cultivation facility, are not unlawful and shall not be an offense or a basis for seizure or forfeiture of assets:
(1) Cultivating, harvesting, processing, packaging, transporting, displaying, storing or possessing marijuana;
(2) Delivering or transferring marijuana to a marijuana testing facility;
(3) Delivering, distributing or selling marijuana to a marijuana cultivation facility, a marijuana product manufacturing facility, a marijuana lounge or a marijuana retailer;
(4) Receiving or purchasing marijuana from a marijuana cultivation facility; and
(5) Receiving marijuana seeds or immature marijuana plants from a person twenty-one years of age or older.
(c) Notwithstanding any other provision of law, the following acts, when performed by a marijuana product manufacturing facility or a person twenty-one years of age or older who is acting in his or her capacity as an owner, employee or agent of a marijuana product manufacturing facility, are not unlawful and shall not be an offense or a basis for seizure or forfeiture of assets:
(1) Packaging, processing, transporting, manufacturing, displaying or possessing marijuana or marijuana products;
(2) Delivering or transferring marijuana or marijuana products to a marijuana testing facility;
(3) Delivering or selling marijuana or marijuana products to a retail marijuana store, marijuana lounge or a marijuana product manufacturing facility;
(4) Purchasing marijuana from a marijuana cultivation facility; and
(5) Purchasing marijuana or marijuana products from a marijuana product manufacturing facility.
(d) Notwithstanding any other provision of law, the following acts, when performed by a laboratory or a person twenty-one years of age or older who is acting in his or her capacity as an owner, employee or agent of a laboratory, are not unlawful and shall not be an offense or a basis for seizure or forfeiture of assets:
(1) Possessing, cultivating, processing, repackaging, storing, transporting or displaying marijuana or marijuana products;
(2) Receiving marijuana or marijuana products from a marijuana establishment or a person twenty-one years of age or older;
(3) Returning marijuana or marijuana products to a marijuana establishment or a person twenty-one years of age or older.
(e) No provision of this section prevents the imposition of penalties for violating sections 2 to 19, inclusive, of this act or regulations adopted to carry out the provisions of sections 2 to 19, inclusive, of this act.
Sec. 16. (NEW) (Effective July 1, 2018) (a) The Liquor and Marijuana Control Commission shall adopt regulations, in accordance with chapter 54 of the general statutes, to implement the provisions of this act. At a minimum, such regulations shall include:
(1) Requirements for fingerprint-based criminal history records checks for all owners, officers, managers, contractors, employees and other support staff of marijuana establishments;
(2) Qualifications for licensure that are directly and demonstrably related to the operation of a marijuana establishment;
(3) Security requirements including lighting, physical security, video and alarm requirements;
(4) Requirements for the transportation and storage of marijuana and marijuana products by marijuana establishments;
(5) Employment and training requirements, including requiring that each marijuana establishment create an identification badge for each employee or agent;
(6) Requirements designed to prevent the sale or diversion of marijuana and marijuana products to persons under twenty-one years of age;
(7) Standards for marijuana product manufacturing facilities to determine the amount of marijuana that marijuana products are considered the equivalent to;
(8) Requirements for marijuana and marijuana products sold or distributed by a marijuana establishment, including marijuana products' labels and packaging requirements, including, but not limited to, the following:
(A) A disclosure concerning length of time it typically takes for the marijuana product to affect a person;
(B) A notation of the amount of marijuana the marijuana product is considered the equivalent to;
(C) A list of ingredients and possible allergens for marijuana and marijuana products;
(D) A nutritional fact panel, if such marijuana product is edible;
(E) An opaque, child-resistant packaging, which is designed or constructed to be significantly difficult for children under five years of age to open and not difficult for adults to use properly as defined by 16 CFR 1700.20, as amended from time to time;
(F) Identification of edible marijuana products, when practicable, with a standard symbol indicating that it contains marijuana;
(G) The license number of the marijuana cultivation license;
(H) The license number of the marijuana retailer;
(I) The batch number of the marijuana or marijuana product;
(J) A net weight statement;
(K) Warning labels;
(L) A disclosure of any solvent used in the extraction process, if any; and
(M) A recommended use by or expiration date for marijuana or marijuana products;
(9) Health and safety regulations and standards for the manufacture of marijuana products and indoor and outdoor cultivation of marijuana by marijuana cultivation facilities;
(10) Restrictions on advertising, marketing and signage, including, but not limited to, a prohibition on mass-market campaigns that have a high likelihood of reaching minors;
(11) Restrictions on the display of marijuana and marijuana products, to ensure that marijuana and marijuana products may not be displayed in a manner that is visible to the general public from a public right-of-way;
(12) Restrictions or prohibitions on additives to marijuana and marijuana products, including, but not limited to, those that are toxic, designed to make the product more addictive, designed to make the product more appealing to children or misleading to consumers. The prohibition may not extend to common baking and cooking items;
(13) Protocols governing visits to marijuana cultivation facilities and marijuana product manufacturing facilities, including requiring the marijuana establishment to maintain a log of visitors;
(14) A definition of the amount of delta-9 tetrahydrocannabinol that constitutes a single serving in a marijuana product;
(15) Standards for the safe manufacture of marijuana concentrates;
(16) Requirements that educational materials be disseminated to consumers who purchase marijuana or marijuana products;
(17) Requirements for random sample testing to ensure quality control, including by ensuring that marijuana and marijuana products are accurately labeled for potency. Any such testing shall include testing for residual solvents, poisons, toxins, harmful chemicals, dangerous molds or mildew, filth, harmful microbials such as E. Coli or salmonella and pesticides;
(18) Standards for the operation of laboratories, including requirements for equipment and qualifications for personnel; and
(19) Civil penalties for the failure to comply with regulations made pursuant to sections 2 to 19, inclusive, of this act.
(b) No regulation enacted pursuant to sections 2 to 19, inclusive, of this act shall require a consumer to provide a marijuana retailer or marijuana lounge with personal information other than government issued identification to determine the consumer's age or a marijuana retailer or marijuana lounge to acquire and record personal information about consumers.
Sec. 17. (NEW) (Effective July 1, 2018) (a) No landlord may prohibit a tenant from possessing marijuana pursuant to section 2 of this act in any dwelling unit or on the premises of such dwelling unit that such landlord rents to the tenant. A landlord may, in accordance with section 47a-9 of the general statutes, prohibit smoking, open display or cultivation of marijuana in any dwelling or the premises of such dwelling.
(b) For the purposes of this section, "dwelling unit", "landlord" and "tenant" have the same meanings as provided in section 47a-1 of the general statutes.
Sec. 18. (NEW) (Effective July 1, 2018) (a) No person may smoke or consume marijuana or marijuana products in any place where such person is prohibited from smoking pursuant to section 19a-342 of the general statutes or on any public street or highway or any other public place.
(b) Any person found guilty of smoking or consuming marijuana or marijuana products in violation of this section shall have committed an infraction.
Sec. 19. (NEW) (Effective July 1, 2018) (a) No employer is required to make accommodations for an employee or allow an employee to (1) perform his or her duties while under the influence of marijuana, or (2) possess marijuana while performing such duties.
(b) For the purposes of this section, "employer" means a person engaged in business who has one or more employees, including the state and any political subdivision of the state.
Sec. 20. Subdivision (120) of section 12-412 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(120) On and after April 1, 2015, sales of the following nonprescription drugs or medicines available for purchase for use in or on the body: Vitamin or mineral concentrates; dietary supplements; natural or herbal drugs or medicines, including marijuana sold under the provisions of chapter 420f; products intended to be taken for coughs, cold, asthma or allergies, or antihistamines; laxatives; antidiarrheal medicines; analgesics; antibiotic, antibacterial, antiviral and antifungal medicines; antiseptics; astringents; anesthetics; steroidal medicines; anthelmintics; emetics and antiemetics; antacids; and any medication prepared to be used in the eyes, ears or nose. Nonprescription drugs or medicines shall not include cosmetics, dentrifrices, mouthwash, shaving and hair care products, soaps or deodorants.
Sec. 21. (NEW) (Effective July 1, 2018) (a) As used in this section: (1) "Marijuana retailer" means marijuana retailer, as defined in section 1 of this act, (2) "marijuana lounge" means marijuana lounge, as defined in section 1 of this act, (3) "marijuana" means marijuana, as defined in section 21a-240 of the general statutes, and (4) "marijuana product" means marijuana product, as defined in section 1 of this act.
(b) (1) There shall be paid to the Commissioner of Revenue Services by each marijuana retailer and marijuana lounge a surcharge of twenty-three and sixty-five hundredths of its gross receipts at retail of marijuana or marijuana products. Each marijuana retailer and marijuana lounge shall register with the Commissioner of Revenue Services on forms prescribed by the commissioner. Each marijuana retailer and marijuana lounge that is registered with the commissioner shall renew its registration with the commissioner on October 1, 2018, and annually thereafter, in such manner as the commissioner may prescribe. The commissioner shall send a nonrenewal notice by first class mail to each marijuana retailer and marijuana lounge that fails to renew its registration in accordance with the provisions of this subsection. No marijuana retailer or marijuana lounge may engage in or transact business as a marijuana retailer or marijuana lounge unless it is registered with the commissioner in accordance with the provisions of this subsection.
(2) (A) Any marijuana retailer or marijuana lounge that fails to register with the commissioner in accordance with the provisions of this subsection shall pay a penalty of one thousand dollars, which penalty shall not be subject to waiver.
(B) Any marijuana retailer or marijuana lounge that fails to renew its registration within forty-five days after a nonrenewal notice was sent pursuant to subdivision (1) of this subsection shall pay a penalty of two hundred dollars, which the commissioner may waive in the manner set forth in section 12-3a of the general statutes, when it is proven to the commissioner's satisfaction that the failure to register was due to reasonable cause and was not intentional or due to neglect. No penalty may be assessed under this subparagraph more than once during any registration period.
(3) Each marijuana retailer or marijuana lounge establishment shall submit a return quarterly to the Commissioner of Revenue Services, applicable with respect to the calendar quarter beginning January 1, 2018, and each calendar quarter thereafter, on or before the last day of the month immediately following the end of each such calendar quarter, on a form prescribed by the commissioner, together with payment of the quarterly surcharge determined and payable in accordance with the provisions of this section. Whenever such surcharge is not paid when due, a penalty of ten per cent of the amount due or fifty dollars, whichever is greater, shall be imposed, and such surcharge shall bear interest at the rate of one per cent per month or fraction thereof until the same is paid. The Commissioner of Revenue Services shall cause copies of a form prescribed for submitting returns as required under this section to be distributed to persons subject to the surcharge. Failure to receive such form shall not be construed to relieve anyone subject to the surcharge under this section from the obligations of submitting a return, together with payment of such surcharge within the time required. The provisions of sections 12-548 to 12-554 inclusive, of the general statutes, and sections 12-555a and 12-555b of the general statutes, shall apply to the provisions of this section in the same manner and with the same force and effect as if the language of said sections 12-548 to 12-554, inclusive, of the general statutes and sections 12-555a and 12-555b of the general statutes had been incorporated in full into this section and had expressly referred to the surcharge imposed under this section, except to the extent that any such provision is inconsistent with a provision of this section and except that the term "tax" shall be read as "marijuana and marijuana products surcharge".
(4) Any moneys received by the state pursuant to this section shall be deposited into the General Fund.
Sec. 22. Section 53a-213 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(a) A person is guilty of drinking alcoholic liquor or smoking or consuming marijuana or marijuana products while operating a motor vehicle when [he] such person drinks any alcoholic liquor or smokes or consumes marijuana or marijuana products while operating a motor vehicle upon a public highway of this state or upon any road of any specially chartered municipal association or of any district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks, or in any parking area for ten cars or more, or upon any private road on which a speed limit has been established in accordance with the provisions of section 14-218a or upon any school property. As used in this section, "alcoholic liquor" has the same meaning as provided in section 30-1 and "marijuana" has the same meaning as provided in section 21a-240 and "marijuana products" has the same meaning as provided in section 1 of this act.
(b) Drinking alcoholic liquor or smoking or consuming marijuana or marijuana products while operating a motor vehicle is a class C misdemeanor.
Sec. 23. Section 21a-277 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(a) Any person who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with the intent to sell or dispense, possesses with the intent to sell or dispense, offers, gives or administers to another person any controlled substance which is a hallucinogenic substance other than marijuana, or a narcotic substance, except as authorized in this chapter, chapter 420f or sections 2 to 19, inclusive, of this act, for a first offense, shall be imprisoned not more than fifteen years and may be fined not more than fifty thousand dollars or be both fined and imprisoned; and for a second offense shall be imprisoned not more than thirty years and may be fined not more than one hundred thousand dollars, or be both fined and imprisoned; and for each subsequent offense, shall be imprisoned not more than thirty years and may be fined not more than two hundred fifty thousand dollars, or be both fined and imprisoned.
(b) Any person who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with intent to sell or dispense, possesses with intent to sell or dispense, offers, gives or administers to another person any controlled substance, except a narcotic substance, or a hallucinogenic substance other than marijuana, except as authorized in this chapter, chapter 420f or sections 2 to 19, inclusive, of this act, may, for the first offense, be fined not more than twenty-five thousand dollars or be imprisoned not more than seven years or be both fined and imprisoned; and, for each subsequent offense, may be fined not more than one hundred thousand dollars or be imprisoned not more than fifteen years, or be both fined and imprisoned.
(c) No person shall knowingly possess drug paraphernalia in a drug factory situation as defined by subdivision (20) of section 21a-240 for the unlawful mixing, compounding or otherwise preparing any controlled substance for purposes of violation of this chapter, except as authorized in chapter 420f or sections 2 to 19, inclusive, of this act.
(d) As an alternative to the sentences specified in subsections (a) and (b) of this section, the court may sentence the person to the custody of the Commissioner of Correction for an indeterminate term not to exceed three years or the maximum term specified for the offense, whichever is the lesser, and, at any time within such indeterminate term and without regard to any other provision of law regarding minimum term of confinement, the Commissioner of Correction may release the convicted person so sentenced subject to such conditions as he may impose including, but not limited to, supervision by suitable authority. At any time during such indeterminate term, the Commissioner of Correction may revoke any such conditional release in his discretion for violation of the conditions imposed and return the convicted person to a correctional institution.
Sec. 24. Section 21a-278 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(a) Any person who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with the intent to sell or dispense, possesses with the intent to sell or dispense, offers, gives or administers to another person one or more preparations, compounds, mixtures or substances containing an aggregate weight of one ounce or more of heroin or methadone or an aggregate weight of one-half ounce or more of cocaine or one-half ounce or more of cocaine in a free-base form, or a substance containing five milligrams or more of lysergic acid diethylamide, except as authorized in this chapter, and who is not, at the time of such action, a drug-dependent person, shall be imprisoned for a minimum term of not less than five years or more than twenty years; and, a maximum term of life imprisonment. The execution of the mandatory minimum sentence imposed by the provisions of this subsection shall not be suspended, except the court may suspend the execution of such mandatory minimum sentence if at the time of the commission of the offense (1) such person was under the age of eighteen years, or (2) such person's mental capacity was significantly impaired, but not so impaired as to constitute a defense to prosecution.
(b) Any person who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with the intent to sell or dispense, possesses with the intent to sell or dispense, offers, gives or administers to another person any narcotic substance, hallucinogenic substance other than marijuana, amphetamine-type substance, or one kilogram or more of a cannabis-type substance, except as authorized in this chapter or chapter 420f or sections 2 to 19, inclusive, of this act, and who is not, at the time of such action, a drug-dependent person, for a first offense shall be imprisoned not less than five years or more than twenty years; and for each subsequent offense shall be imprisoned not less than ten years or more than twenty-five years. The execution of the mandatory minimum sentence imposed by the provisions of this subsection shall not be suspended, except the court may suspend the execution of such mandatory minimum sentence if at the time of the commission of the offense (1) such person was under the age of eighteen years, or (2) such person's mental capacity was significantly impaired, but not so impaired as to constitute a defense to prosecution.
Sec. 25. Section 21a-279 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(a) (1) Any person who possesses or has under such person's control any quantity of any controlled substance, except less than one-half ounce of a cannabis-type substance and except as authorized in this chapter or chapter 420f or sections 2 to 19, inclusive, of this act, shall be guilty of a class A misdemeanor.
(2) For a second offense of subdivision (1) of this subsection, the court shall evaluate such person and, if the court determines such person is a drug-dependent person, the court may suspend prosecution of such person and order such person to undergo a substance abuse treatment program.
(3) For any subsequent offense of subdivision (1) of this subsection, the court may find such person to be a persistent offender for possession of a controlled substance in accordance with section 53a-40.
(b) Any person who violates subsection (a) of this section in or on, or within one thousand five hundred feet of, the real property comprising a public or private elementary or secondary school and who is not enrolled as a student in such school or a licensed child care center, as defined in section 19a-77, that is identified as a child care center by a sign posted in a conspicuous place shall be guilty of a class A misdemeanor and shall be sentenced to a term of imprisonment and a period of probation during which such person shall perform community service as a condition of such probation, in a manner ordered by the court.
(c) To the extent that it is possible, medical treatment rather than criminal sanctions shall be afforded individuals who breathe, inhale, sniff or drink the volatile substances described in subdivision (49) of section 21a-240.
(d) The provisions of subsection (a) of this section shall not apply to any person (1) who in good faith, seeks medical assistance for another person who such person reasonably believes is experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance, (2) for whom another person, in good faith, seeks medical assistance, reasonably believing such person is experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance, or (3) who reasonably believes he or she is experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance and, in good faith, seeks medical assistance for himself or herself, if evidence of the possession or control of a controlled substance in violation of subsection (a) of this section was obtained as a result of the seeking of such medical assistance. For the purposes of this subsection, "good faith" does not include seeking medical assistance during the course of the execution of an arrest warrant or search warrant or a lawful search.
(e) No provision of this section shall be construed to alter or modify the meaning of the provisions of section 21a-278.
Sec. 26. Section 21a-279a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(a) Any person who possesses or has under his or her control less than one-half ounce of a cannabis-type substance, as defined in section 21a-240, except as authorized in this chapter, chapter 420f and sections 2 to 19, inclusive, of this act, shall (1) for a first offense, be fined one hundred fifty dollars, and (2) for a subsequent offense, be fined not less than two hundred dollars or more than five hundred dollars.
(b) The law enforcement officer issuing a complaint for a violation of subsection (a) of this section shall seize the cannabis-type substance and cause such substance to be destroyed as contraband in accordance with law.
(c) Any person who, at separate times, has twice entered a plea of nolo contendere to, or been found guilty after trial of, a violation of subsection (a) of this section shall, upon a subsequent plea of nolo contendere to, or finding of guilty of, a violation of said subsection, be referred for participation in a drug education program at such person's own expense.
Sec. 27. Subsection (d) of section 15-133 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(d) No person shall operate a vessel: (1) While under the influence of intoxicating liquor or any drug, or both, or (2) while such person has an elevated blood alcohol content or an elevated blood tetrahydrocannabinol content. For the purposes of this section and sections 15-140l and 15-140n, "elevated blood alcohol content" means: (A) A ratio of alcohol in the blood of such person that is eight-hundredths of one per cent or more of alcohol, by weight, or (B) if such person is under twenty-one years of age, a ratio of alcohol in the blood of such person that is two-hundredths of one per cent or more of alcohol, by weight and "elevated blood tetrahydrocannabinol content" means a tetrahydrocannabinol concentration of five point zero or higher in the blood. For the purposes of this section and sections 15-132a, 15-140l, 15-140n, 15-140o and 15-140q, "operate" means that the vessel is underway or aground and not moored, anchored or docked.
Sec. 28. Section 30-86 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(a) As used in this section:
(1) "Cardholder" means any person who presents a driver's license or an identity card to a permittee or permittee's agent or employee, to purchase or receive alcoholic liquor from such permittee or permittee's agent or employee;
(2) "Identity card" means an identification card issued in accordance with the provisions of section 1-1h;
(3) "Transaction scan" means the process by which a permittee or permittee's agent or employee checks, by means of a transaction scan device, the validity of a driver's license or an identity card; [and]
(4) "Transaction scan device" means any commercial device or combination of devices used at a point of sale that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver's license or an identity card;
(5) "Licensee" means a marijuana retailer or marijuana lounge, as defined in section 1 of this act;
(6) "Marijuana" means marijuana, as defined in section 21a-240; and
(7) "Marijuana product" means marijuana product, as defined in section 21a-240.
(b) (1) Any permittee or licensee or any servant or agent of a permittee or licensee who sells or delivers alcoholic liquor, marijuana or a marijuana product to any minor or any intoxicated person, or to any habitual drunkard, knowing the person to be such an habitual drunkard, shall be subject to the penalties of section 30-113.
(2) Any person who sells, ships, delivers or gives alcoholic liquor, marijuana or a marijuana product to a minor, by any means, including, but not limited to, the Internet or any other on-line computer network, except on the order of a practicing physician, shall be fined not more than three thousand five hundred dollars or imprisoned not more than eighteen months, or both.
(3) The provisions of this subsection shall not apply (A) to a sale, shipment or delivery made to a person over age eighteen who is an employee or permit holder under section 30-90a and where such sale, shipment or delivery is made in the course of such person's employment or business, (B) to a sale, shipment or delivery made in good faith to a minor who practices any deceit in the procurement of an identity card issued in accordance with the provisions of section 1-1h, who uses or exhibits any such identity card belonging to any other person or who uses or exhibits any such identity card that has been altered or tampered with in any way, or (C) to a shipment or delivery made to a minor by a parent, guardian or spouse of the minor, provided such parent, guardian or spouse has attained the age of twenty-one and provided such minor possesses such alcoholic liquor while accompanied by such parent, guardian or spouse.
(4) Nothing in this subsection shall be construed to burden a person's exercise of religion under section 3 of article first of the Constitution of the state in violation of subsection (a) of section 52-571b.
(c) (1) A permittee or licensee or permittee's or licensee's agent or employee may perform a transaction scan to check the validity of a driver's license or identity card presented by a cardholder as a condition for selling, giving away or otherwise distributing alcoholic liquor, marijuana or a marijuana product to the cardholder.
(2) If the information deciphered by the transaction scan performed under subdivision (1) of this subsection fails to match the information printed on the driver's license or identity card presented by the cardholder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the permittee or licensee nor any permittee's or licensee's agent or employee shall sell, give away or otherwise distribute any alcoholic liquor, marijuana or marijuana product to the cardholder.
(3) Subdivision (1) of this subsection does not preclude a permittee or licensee or permittee's or licensee's agent or employee from using a transaction scan device to check the validity of a document presented as identification other than a driver's license or an identity card, if the document includes a bar code or magnetic strip that may be scanned by the device, as a condition for selling, giving away or otherwise distributing alcoholic liquor, marijuana or a marijuana product to the person presenting the document.
(d) (1) No permittee or permittee's agent or employee shall electronically or mechanically record or maintain any information derived from a transaction scan, except the following: (A) The name and date of birth of the person listed on the driver's license or identity card presented by a cardholder; (B) the expiration date and identification number of the driver's license or identity card presented by a cardholder.
(2) No licensee or licensee's agent or employee shall (A) electronically or mechanically record or maintain any information derived from a transaction scan or otherwise obtained from the driver's license or identity card presented by a cardholder or use, or (B) use a transaction scan device for a purpose other than the purposes specified in subsection (c) of this section.
[(2)] (3) No permittee or permittee's agent or employee shall use a transaction scan device for a purpose other than the purposes specified in subsection (c) of this section, subsection (d) of section 53-344 or subsection (e) of section 53-344b.
[(3)] (4) No permittee or licensee or permittee's or licensee's agent or employee shall sell or otherwise disseminate the information derived from a transaction scan to any third party for any purpose, including, but not limited to, any marketing, advertising or promotional activities, except that a permittee or permittee's agent or employee may release that information pursuant to a court order.
[(4)] (5) Nothing in subsection (c) of this section or this subsection relieves a permittee or licensee or permittee's or licensee's agent or employee of any responsibility to comply with any other applicable state or federal laws or rules governing the sale, giving away or other distribution of alcoholic liquor, marijuana or marijuana products.
[(5)] (6) Any person who violates this subsection shall be subject to a civil penalty of not more than one thousand dollars.
(e) (1) In any prosecution of a permittee or licensee or permittee's or licensee's agent or employee for selling alcoholic liquor, marijuana or a marijuana product to a minor in violation of subsection (b) of this section, it shall be an affirmative defense that all of the following occurred: (A) A cardholder attempting to purchase or receive alcoholic liquor, marijuana or a marijuana product presented a driver's license or an identity card; (B) a transaction scan of the driver's license or identity card that the cardholder presented indicated that the license or card was valid; and (C) the alcoholic liquor, marijuana or marijuana product was sold, given away or otherwise distributed to the cardholder in reasonable reliance upon the identification presented and the completed transaction scan.
(2) In determining whether a permittee or licensee or permittee's or licensee's agent or employee has proven the affirmative defense provided by subdivision (1) of this subsection, the trier of fact in such prosecution shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a permittee or licensee or permittee's or licensee's agent or employee to exercise reasonable diligence and that the use of a transaction scan device does not excuse a permittee or licensee or permittee's or licensee's agent or employee from exercising such reasonable diligence to determine the following: (A) Whether a person to whom the permittee or permittee's agent or employee sells, gives away or otherwise distributes alcoholic liquor is twenty-one years of age or older; and (B) whether the description and picture appearing on the driver's license or identity card presented by a cardholder are those of the cardholder.
Sec. 29. Section 30-88a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
Each person who attains the age of twenty-one years and has a motor vehicle operator's license, containing a full-face photograph of such person, may use, and each permittee or licensee may accept, such license as legal proof of the age of the licensee for the purposes of this chapter and section 2 of this act. Any person who, for the purpose of procuring alcoholic liquor or marijuana or marijuana products, misrepresents his or her age or uses or exhibits an operator's license belonging to any other person shall be fined not less than two hundred dollars or more than five hundred dollars or imprisoned not more than thirty days, or both. For the purposes of this section, "licensee", "marijuana" and "marijuana product" have the same meanings as provided in section 30-86, as amended by this act.
Sec. 30. Subsection (d) of section 1-1h of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(d) The Commissioner of Motor Vehicles, in consultation with the Liquor and Marijuana Control Commission, shall adopt regulations in accordance with the provisions of chapter 54 to carry out the purposes of this section and section 30-86.
Sec. 31. Subsection (a) of section 2c-2h of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Not later than July 1, 2014, and not later than every ten years thereafter, the joint standing committee of the General Assembly having cognizance of any of the following governmental entities or programs shall conduct a review of the applicable entity or program in accordance with the provisions of section 2c-3:
(1) Connecticut Examining Board for Barbers and Hairdressers and Cosmeticians, established under section 20-235a;
(2) Board of Chiropractic Examiners, established under section 20-25;
(3) Board of Examiners of Electrologists, established under section 20-268;
(4) Liquor and Marijuana Control Commission, established under section 30-2;
(5) State Insurance and Risk Management Board, established under section 4a-19;
(6) State Milk Regulation Board, established under section 22-131; and
(7) State Codes and Standards Committee, established under section 29-251.
Sec. 32. Section 21a-6 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The following boards shall be within the Department of Consumer Protection:
(1) The Architectural Licensing Board established under chapter 390;
(2) Repealed by P.A. 93-151, S. 3, 4;
(3) The examining boards for electrical work; plumbing and piping work; heating, piping, cooling and sheet metal work; elevator installation, repair and maintenance work; fire protection sprinkler systems work and automotive glass work and flat glass work, established under chapter 393;
(4) Repealed by P.A. 99-73, S. 10;
(5) The Commission of Pharmacy established under chapter 400j;
(6) The State Board of Landscape Architects established under chapter 396;
(7) Deleted by P.A. 98-229;
(8) The State Board of Examiners for Professional Engineers and Land Surveyors established under chapter 391;
(9) Repealed by P.A. 80-484, S. 175, 176;
(10) The Connecticut Real Estate Commission established under chapter 392;
(11) The Connecticut Real Estate Appraisal Commission established under chapter 400g;
(12) The State Board of Examiners of Shorthand Reporters established under chapter 400l;
(13) The Liquor and Marijuana Control Commission established under chapter 545;
(14) Repealed by P.A. 06-187, S. 99;
(15) The Home Inspection Licensing Board established under section 20-490a; and
(16) The State Board of Accountancy established under section 20-280.
Sec. 33. Subdivision (10) of section 30-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(10) "Commission" means the Liquor and Marijuana Control Commission and "department" means the Department of Consumer Protection.
Sec. 34. Section 30-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
There shall be a Liquor and Marijuana Control Commission composed of three commissioners, one of whom shall be the Commissioner of Consumer Protection, appointed by the Governor in accordance with section 4-9a. The Commissioner of Consumer Protection shall be the chairman of the commission. The Governor shall fill any vacancy for the unexpired portion of the term. Not more than two commissioners shall be of the same political party. Each commissioner shall take the oath prescribed for executive officers. The Governor may remove any commissioner as provided in section 4-12.
Sec. 35. Section 30-4 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
No commissioner of the Liquor and Marijuana Control Commission and no employee of the Department of Consumer Protection who carries out the duties and responsibilities of sections 30-2 to 30-68m, inclusive, and the regulations enacted thereunder may, directly or indirectly, individually or as a member of a partnership or as a shareholder of a corporation, have any interest whatsoever in dealing in or in the manufacture of alcoholic liquor, nor receive any commission or profit whatsoever from nor have any interest whatsoever in the purchases or sales made by the persons authorized by this chapter to purchase or sell alcoholic liquor. No provision of this section shall prevent any such commissioner or employee from purchasing and keeping in his possession, for the personal use of himself or members of his family or guests, any alcoholic liquor which may be purchased or kept by any person by virtue of this chapter.
Sec. 36. Section 30-35b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
A ninety-day provisional permit shall allow the retail sale or manufacture of alcoholic liquor by any applicant and his backer, if any, who has made application for a liquor permit pursuant to section 30-39 and may be issued at the discretion of the Liquor and Marijuana Control Commission. If said applicant or his backer, if any, causes any delay in the investigation conducted by the Department of Consumer Protection pursuant to said section, the ninety-day provisional permit shall cease immediately. Only one such permit shall be issued to any applicant and his backer, if any, for each location of the club or place of business which is to be operated under such permit and such permit shall be nonrenewable but may be extended due to delays not caused by the applicant. The fee for such ninety-day permit shall be five hundred dollars.
Sec. 37. Section 14-227a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
No person shall operate a motor vehicle while under the influence of intoxicating liquor or any drug or both. A person commits the offense of operating a motor vehicle while under the influence of intoxicating liquor or any drug or both if such person operates a motor vehicle (1) while under the influence of intoxicating liquor or any drug or both, or (2) while such person has an elevated blood alcohol content or elevated blood tetrahydrocannabinol content. For the purposes of this section, (A) "elevated blood alcohol content" means a ratio of alcohol in the blood of such person that is eight-hundredths of one per cent or more of alcohol, by weight, except that if such person is operating a commercial motor vehicle, (B) "elevated blood alcohol content" means a ratio of alcohol in the blood of such person that is four-hundredths of one per cent or more of alcohol, by weight, [and] (C) "motor vehicle" includes a snowmobile and all-terrain vehicle, as those terms are defined in section 14-379, and (D) "elevated blood tetrahydrocannabinol content" means a tetrahydrocannabinol concentration of five point zero or higher in the blood.
(b) Except as provided in subsection (c) of this section, in any criminal prosecution for violation of subsection (a) of this section, evidence respecting the amount of alcohol or drug in the defendant's blood in the case of testing for an elevated blood tetrahydrocannabinol content or breath, blood or urine in the case of testing for elevated blood alcohol content at the time of the alleged offense, as shown by a chemical analysis of the defendant's breath, blood or urine, as applicable, shall be admissible and competent provided: (1) The defendant was afforded a reasonable opportunity to telephone an attorney prior to the performance of the test and consented to the taking of the test upon which such analysis is made; (2) a true copy of the report of the test result was mailed to or personally delivered to the defendant within twenty-four hours or by the end of the next regular business day, after such result was known, whichever is later; (3) the test was performed by or at the direction of a police officer according to methods and with equipment approved by the Department of Emergency Services and Public Protection and was performed in accordance with the regulations adopted under subsection (d) of this section; (4) the device used for such test was checked for accuracy in accordance with the regulations adopted under subsection (d) of this section; (5) an additional chemical test of the same type was performed at least ten minutes after the initial test was performed or, if requested by the police officer for reasonable cause, an additional chemical test of a different type was performed to detect the presence of a drug or drugs other than or in addition to alcohol, provided the results of the initial test shall not be inadmissible under this subsection if reasonable efforts were made to have such additional test performed in accordance with the conditions set forth in this subsection and such additional test was not performed or was not performed within a reasonable time, or the results of such additional test are not admissible for failure to meet a condition set forth in this subsection; and (6) evidence is presented that the test was commenced within two hours of operation. In any prosecution under this section it shall be a rebuttable presumption that the results of such chemical analysis establish the ratio of alcohol or tetrahydrocannabinol in the blood of the defendant at the time of the alleged offense, except that if the results of the additional test to establish the ratio of alcohol in the blood indicate that the ratio of alcohol in the blood of such defendant is ten-hundredths of one per cent or less of alcohol, by weight, and is higher than the results of the first test, evidence shall be presented that demonstrates that the test results and the analysis thereof accurately indicate the blood alcohol content at the time of the alleged offense. In the case of a blood test to determine the blood tetrahydrocannabinol content, it shall be an affirmative defense for which the defendant has the burden of establishing such defense by a preponderance of the evidence that the defendant consumed a sufficient quantity of marijuana after the time of driving and before the administration of an analysis of the person's blood to cause the defendant's elevated blood tetrahydrocannabinol concentration within two hours after driving. The court shall not admit evidence of this affirmative defense unless the defendant notifies the prosecution prior to the hearing in the case of the defendant's intent to assert the affirmative defense.
(c) In any prosecution for a violation of subdivision (1) of subsection (a) of this section, reliable evidence respecting the amount of alcohol or tetrahydrocannabinol in the defendant's blood or urine, as applicable, at the time of the alleged offense, as shown by a chemical analysis of the defendant's blood, breath or urine, as applicable, otherwise admissible under subsection (b) of this section, shall be admissible only at the request of the defendant.
(d) The Commissioner of Emergency Services and Public Protection shall ascertain the reliability of each method and type of device offered for chemical testing and analysis purposes of blood, of breath and of urine and certify those methods and types which said commissioner finds suitable for use in testing and analysis of blood, breath and urine, respectively, in this state. The Commissioner of Emergency Services and Public Protection shall adopt regulations, in accordance with chapter 54, governing the conduct of chemical tests, the operation and use of chemical test devices, the training and certification of operators of such devices and the drawing or obtaining of blood, breath or urine samples as said commissioner finds necessary to protect the health and safety of persons who submit to chemical tests and to insure reasonable accuracy in testing results. Such regulations shall not require recertification of a police officer solely because such officer terminates such officer's employment with the law enforcement agency for which certification was originally issued and commences employment with another such agency.
(e) In any criminal prosecution for a violation of subsection (a) of this section, evidence that the defendant refused to submit to a blood, breath or urine test requested in accordance with section 14-227b, as amended by this act, shall be admissible provided the requirements of subsection (b) of said section have been satisfied. If a case involving a violation of subsection (a) of this section is tried to a jury, the court shall instruct the jury as to any inference that may or may not be drawn from the defendant's refusal to submit to a blood, breath or urine test.
(f) If a person is charged with a violation of the provisions of subsection (a) of this section, the charge may not be reduced, nolled or dismissed unless the prosecuting authority states in open court such prosecutor's reasons for the reduction, nolle or dismissal.
(g) Any person who violates any provision of subsection (a) of this section shall: (1) For conviction of a first violation, (A) be fined not less than five hundred dollars or more than one thousand dollars, and (B) be (i) imprisoned not more than six months, forty-eight consecutive hours of which may not be suspended or reduced in any manner, or (ii) imprisoned not more than six months, with the execution of such sentence of imprisonment suspended entirely and a period of probation imposed requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) have such person's motor vehicle operator's license or nonresident operating privilege suspended for forty-five days and, as a condition for the restoration of such license, be required to install an ignition interlock device on each motor vehicle owned or operated by such person and, upon such restoration, be prohibited for the one-year period following such restoration from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j; (2) for conviction of a second violation within ten years after a prior conviction for the same offense, (A) be fined not less than one thousand dollars or more than four thousand dollars, (B) be imprisoned not more than two years, one hundred twenty consecutive days of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person: (i) Perform one hundred hours of community service, as defined in section 14-227e, (ii) submit to an assessment through the Court Support Services Division of the Judicial Branch of the degree of such person's alcohol or drug abuse, and (iii) undergo a treatment program if so ordered, and (C) have such person's motor vehicle operator's license or nonresident operating privilege suspended for forty-five days and, as a condition for the restoration of such license, be required to install an ignition interlock device on each motor vehicle owned or operated by such person and, upon such restoration, be prohibited for the three-year period following such restoration from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, except that for the first year of such three-year period, such person's operation of a motor vehicle shall be limited to such person's transportation to or from work or school, an alcohol or drug abuse treatment program, an ignition interlock device service center or an appointment with a probation officer; and (3) for conviction of a third and subsequent violation within ten years after a prior conviction for the same offense, (A) be fined not less than two thousand dollars or more than eight thousand dollars, (B) be imprisoned not more than three years, one year of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person: (i) Perform one hundred hours of community service, as defined in section 14-227e, (ii) submit to an assessment through the Court Support Services Division of the Judicial Branch of the degree of such person's alcohol or drug abuse, and (iii) undergo a treatment program if so ordered, and (C) have such person's motor vehicle operator's license or nonresident operating privilege permanently revoked upon such third offense, except that if such person's revocation is reversed or reduced pursuant to subsection (i) of section 14-111, such person shall be prohibited from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, for the time period prescribed in subdivision (2) of subsection (i) of section 14-111. For purposes of the imposition of penalties for a second or third and subsequent offense pursuant to this subsection, a conviction under the provisions of subsection (a) of this section in effect on October 1, 1981, or as amended thereafter, a conviction under the provisions of either subdivision (1) or (2) of subsection (a) of this section, a conviction under the provisions of section 14-227m, as amended by this act, a conviction under the provisions of subdivision (1) or (2) of subsection (a) of section 14-227n, as amended by this act, a conviction under the provisions of section 53a-56b or 53a-60d or a conviction in any other state of any offense the essential elements of which are determined by the court to be substantially the same as subdivision (1) or (2) of subsection (a) of this section, section 14-227m, as amended by this act, subdivision (1) or (2) of subsection (a) of section 14-227n, as amended by this act, or section 53a-56b or 53a-60d, shall constitute a prior conviction for the same offense.
(h) (1) Each court shall report each conviction under subsection (a) of this section to the Commissioner of Motor Vehicles, in accordance with the provisions of section 14-141. The commissioner shall suspend the motor vehicle operator's license or nonresident operating privilege of the person reported as convicted for the period of time required by subsection (g) of this section. The commissioner shall determine the period of time required by subsection (g) of this section based on the number of convictions such person has had within the specified time period according to such person's driving history record, notwithstanding the sentence imposed by the court for such conviction. (2) The motor vehicle operator's license or nonresident operating privilege of a person found guilty under subsection (a) of this section who, at the time of the offense, was operating a motor vehicle in accordance with a special operator's permit issued pursuant to section 14-37a shall be suspended by the commissioner for twice the period of time set forth in subsection (g) of this section. (3) If an appeal of any conviction under subsection (a) of this section is taken, the suspension of the motor vehicle operator's license or nonresident operating privilege by the commissioner, in accordance with this subsection, shall be stayed during the pendency of such appeal.
(i) (1) The Commissioner of Motor Vehicles shall permit a person whose license has been suspended in accordance with the provisions of subparagraph (C) of subdivision (1) or subparagraph (C) of subdivision (2) of subsection (g) of this section to operate a motor vehicle if (A) such person has served either the suspension required under said subparagraph (C) or the suspension required under subsection (i) of section 14-227b, as amended by this act, and (B) such person has installed an approved ignition interlock device in each motor vehicle owned or to be operated by such person, and verifies to the commissioner, in such manner as the commissioner prescribes, that such device has been installed. For a period of one year after the installation of an ignition interlock device by a person who is subject to subparagraph (C) of subdivision (2) of subsection (g) of this section, such person's operation of a motor vehicle shall be limited to such person's transportation to or from work or school, an alcohol or drug abuse treatment program, an ignition interlock device service center or an appointment with a probation officer. Except as provided in sections 53a-56b and 53a-60d, no person whose license is suspended by the commissioner for any other reason shall be eligible to operate a motor vehicle equipped with an approved ignition interlock device.
(2) All costs of installing and maintaining an ignition interlock device shall be borne by the person required to install such device. No court sentencing a person convicted of a violation of subsection (a) of this section may waive any fees or costs associated with the installation and maintenance of an ignition interlock device.
(3) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this subsection. The regulations shall establish procedures for the approval of ignition interlock devices, for the proper calibration and maintenance of such devices and for the installation of such devices by any firm approved and authorized by the commissioner and shall specify acts by persons required to install and use such devices that constitute a failure to comply with the requirements for the installation and use of such devices, the conditions under which such noncompliance will result in an extension of the period during which such persons are restricted to the operation of motor vehicles equipped with such devices and the duration of any such extension. The commissioner shall ensure that such firm provide notice to both the commissioner and the Court Support Services Division of the Judicial Branch whenever a person required to install such device commits a violation with respect to the installation, maintenance or use of such device.
(4) The provisions of this subsection shall not be construed to authorize the continued operation of a motor vehicle equipped with an ignition interlock device by any person whose operator's license or nonresident operating privilege is withdrawn, suspended or revoked for any other reason.
(5) The provisions of this subsection shall apply to any person whose license has been suspended in accordance with the provisions of subparagraph (C) of subdivision (1) or subparagraph (C) of subdivision (2) of subsection (g) of this section on or after January 1, 2012.
(6) Whenever a person is permitted by the commissioner under this subsection to operate a motor vehicle if such person has installed an approved ignition interlock device in each motor vehicle owned or to be operated by such person, the commissioner shall indicate in the electronic record maintained by the commissioner pertaining to such person's operator's license or driving history that such person is restricted to operating a motor vehicle that is equipped with an ignition interlock device and, if applicable, that such person's operation of a motor vehicle is limited to such person's transportation to or from work or school, an alcohol or drug abuse treatment program, an ignition interlock device service center or an appointment with a probation officer, and the duration of such restriction or limitation, and shall ensure that such electronic record is accessible by law enforcement officers. Any such person shall pay the commissioner a fee of one hundred dollars prior to the installation of such device.
(7) There is established the ignition interlock administration account which shall be a separate, nonlapsing account in the General Fund. The commissioner shall deposit all fees paid pursuant to subdivision (6) of this subsection in the account. Funds in the account may be used by the commissioner for the administration of this subsection.
(8) Notwithstanding any provision of the general statutes to the contrary, upon request of any person convicted of a violation of subsection (a) of this section whose operator's license is under suspension on January 1, 2012, the Commissioner of Motor Vehicles may reduce the term of suspension prescribed in subsection (g) of this section and place a restriction on the operator's license of such person that restricts the holder of such license to the operation of a motor vehicle that is equipped with an approved ignition interlock device, as defined in section 14-227j, for the remainder of such prescribed period of suspension.
(9) Any person required to install an ignition interlock device under this section shall be supervised by personnel of the Court Support Services Division of the Judicial Branch while such person is subject to probation supervision, or by personnel of the Department of Motor Vehicles if such person is not subject to probation supervision, and such person shall be subject to any other terms and conditions as the commissioner may prescribe and any provision of the general statutes or the regulations adopted pursuant to subdivision (3) of this subsection not inconsistent herewith.
(10) Notwithstanding the periods prescribed in subsection (g) of this section and subdivision (2) of subsection (i) of section 14-111 during which a person is prohibited from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, such periods may be extended in accordance with the regulations adopted pursuant to subdivision (3) of this subsection.
(j) In addition to any fine or sentence imposed pursuant to the provisions of subsection (g) of this section, the court may order such person to participate in an alcohol and drug education and treatment program.
(k) Notwithstanding the provisions of subsection (b) of this section, evidence respecting the amount of alcohol or drug in the blood or urine of an operator of a motor vehicle involved in an accident who has suffered or allegedly suffered physical injury in such accident, which evidence is derived from a chemical analysis of a blood sample taken from or a urine sample provided by such person after such accident at the scene of the accident, while en route to a hospital or at a hospital, shall be competent evidence to establish probable cause for the arrest by warrant of such person for a violation of subsection (a) of this section and shall be admissible and competent in any subsequent prosecution thereof if: (1) The blood sample was taken or the urine sample was provided for the diagnosis and treatment of such injury; (2) if a blood sample was taken, the blood sample was taken in accordance with the regulations adopted under subsection (d) of this section; (3) a police officer has demonstrated to the satisfaction of a judge of the Superior Court that such officer has reason to believe that such person was operating a motor vehicle while under the influence of intoxicating liquor or drug or both and that the chemical analysis of such blood or urine sample constitutes evidence of the commission of the offense of operating a motor vehicle while under the influence of intoxicating liquor or drug or both in violation of subsection (a) of this section; and (4) such judge has issued a search warrant in accordance with section 54-33a authorizing the seizure of the chemical analysis of such blood or urine sample. Such search warrant may also authorize the seizure of the medical records prepared by the hospital in connection with the diagnosis or treatment of such injury.
(l) If the court sentences a person convicted of a violation of subsection (a) of this section to a period of probation, the court may require as a condition of such probation that such person participate in a victim impact panel program approved by the Court Support Services Division of the Judicial Branch. Such victim impact panel program shall provide a nonconfrontational forum for the victims of alcohol-related or drug-related offenses and offenders to share experiences on the impact of alcohol-related or drug-related incidents in their lives. Such victim impact panel program shall be conducted by a nonprofit organization that advocates on behalf of victims of accidents caused by persons who operated a motor vehicle while under the influence of intoxicating liquor or any drug, or both. Such organization may assess a participation fee of not more than seventy-five dollars on any person required by the court to participate in such program.
Sec. 38. Section 14-227b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) Any person who operates a motor vehicle in this state shall be deemed to have given such person's consent to a chemical analysis of such person's blood, breath or urine and, if such person is a minor, such person's parent or parents or guardian shall also be deemed to have given their consent.
(b) If any such person, having been placed under arrest for a violation of section 14-227a, as amended by this act, or 14-227m, as amended by this act, or subdivision (1) or (2) of subsection (a) of section 14-227n, as amended by this act, and thereafter, after being apprised of such person's constitutional rights, having been requested to submit to a blood, breath or urine test at the option of the police officer, having been afforded a reasonable opportunity to telephone an attorney prior to the performance of such test and having been informed that such person's license or nonresident operating privilege may be suspended in accordance with the provisions of this section if such person refuses to submit to such test, or if such person submits to such test and the results of such test indicate that such person has an elevated blood alcohol content or elevated blood tetrahydrocannabinol content, and that evidence of any such refusal shall be admissible in accordance with subsection (e) of section 14-227a, as amended by this act, and may be used against such person in any criminal prosecution, refuses to submit to the designated test, the test shall not be given; provided, if the person refuses or is unable to submit to a blood test, the police officer shall designate the breath or urine test as the test to be taken. The police officer shall make a notation upon the records of the police department that such officer informed the person that such person's license or nonresident operating privilege may be suspended if such person refused to submit to such test or if such person submitted to such test and the results of such test indicated that such person had an elevated blood alcohol content or elevated blood tetrahydrocannabinol content.
(c) If the person arrested refuses to submit to such test or analysis or submits to such test or analysis, commenced within two hours of the time of operation, and the results of such test or analysis indicate that such person has an elevated blood alcohol content or elevated blood tetrahydrocannabinol content, the police officer, acting on behalf of the Commissioner of Motor Vehicles, shall immediately revoke and take possession of the motor vehicle operator's license or, if such person is a nonresident, suspend the nonresident operating privilege of such person, for a twenty-four-hour period. The police officer shall prepare a report of the incident and shall mail or otherwise transmit in accordance with this subsection the report and a copy of the results of any chemical test or analysis to the Department of Motor Vehicles within three business days. The report shall contain such information as prescribed by the Commissioner of Motor Vehicles and shall be subscribed and sworn to under penalty of false statement as provided in section 53a-157b by the arresting officer. If the person arrested refused to submit to such test or analysis, the report shall be endorsed by a third person who witnessed such refusal. The report shall set forth the grounds for the officer's belief that there was probable cause to arrest such person for a violation of section 14-227a, as amended by this act, or 14-227m, as amended by this act, or subdivision (1) or (2) of subsection (a) of section 14-227n, as amended by this act, and shall state that such person had refused to submit to such test or analysis when requested by such police officer to do so or that such person submitted to such test or analysis, commenced within two hours of the time of operation, and the results of such test or analysis indicated that such person had an elevated blood alcohol content or elevated blood tetrahydrocannabinol content. The Commissioner of Motor Vehicles may accept a police report under this subsection that is prepared and transmitted as an electronic record, including electronic signature or signatures, subject to such security procedures as the commissioner may specify and in accordance with the provisions of sections 1-266 to 1-286, inclusive. In any hearing conducted pursuant to the provisions of subsection (g) of this section, it shall not be a ground for objection to the admissibility of a police report that it is an electronic record prepared by electronic means.
(d) If the person arrested submits to a blood or urine test at the request of the police officer, and the specimen requires laboratory analysis in order to obtain the test results, the police officer shall not take possession of the motor vehicle operator's license of such person or, except as provided in this subsection, follow the procedures subsequent to taking possession of the operator's license as set forth in subsection (c) of this section. If the test results indicate that such person has an elevated blood alcohol content or elevated blood tetrahydrocannabinol content, the police officer, immediately upon receipt of the test results, shall notify the Commissioner of Motor Vehicles and submit to the commissioner the written report required pursuant to subsection (c) of this section.
(e) (1) Except as provided in subdivision (2) of this subsection, upon receipt of such report, the Commissioner of Motor Vehicles may suspend any operator's license or nonresident operating privilege of such person effective as of a date certain, which date shall be not later than thirty days after the date such person received notice of such person's arrest by the police officer. Any person whose operator's license or nonresident operating privilege has been suspended in accordance with this subdivision shall automatically be entitled to a hearing before the commissioner to be held in accordance with the provisions of chapter 54 and prior to the effective date of the suspension. The commissioner shall send a suspension notice to such person informing such person that such person's operator's license or nonresident operating privilege is suspended as of a date certain and that such person is entitled to a hearing prior to the effective date of the suspension and may schedule such hearing by contacting the Department of Motor Vehicles not later than seven days after the date of mailing of such suspension notice.
(2) If the person arrested (A) is involved in an accident resulting in a fatality, or (B) has previously had such person's operator's license or nonresident operating privilege suspended under the provisions of section 14-227a, as amended by this act, 14-227m, as amended by this act, or 14-227n, as amended by this act, during the ten-year period preceding the present arrest, upon receipt of such report, the Commissioner of Motor Vehicles may suspend any operator's license or nonresident operating privilege of such person effective as of the date specified in a notice of such suspension to such person. Any person whose operator's license or nonresident operating privilege has been suspended in accordance with this subdivision shall automatically be entitled to a hearing before the commissioner, to be held in accordance with the provisions of chapter 54. The commissioner shall send a suspension notice to such person informing such person that such person's operator's license or nonresident operating privilege is suspended as of the date specified in such suspension notice, and that such person is entitled to a hearing and may schedule such hearing by contacting the Department of Motor Vehicles not later than seven days after the date of mailing of such suspension notice. Any suspension issued under this subdivision shall remain in effect until such suspension is affirmed or such operator's license or nonresident operating privilege is reinstated in accordance with subsections (f) and (h) of this section.
(f) If such person does not contact the department to schedule a hearing, the commissioner shall affirm the suspension contained in the suspension notice for the appropriate period specified in subsection (i) of this section.
(g) If such person contacts the department to schedule a hearing, the department shall assign a date, time and place for the hearing, which date shall be prior to the effective date of the suspension, except that, with respect to a person whose operator's license or nonresident operating privilege is suspended in accordance with subdivision (2) of subsection (e) of this section, such hearing shall be scheduled not later than thirty days after such person contacts the department. At the request of such person, the hearing officer or the department and upon a showing of good cause, the commissioner may grant one or more continuances. The hearing shall be limited to a determination of the following issues: (1) Did the police officer have probable cause to arrest the person for operating a motor vehicle while under the influence of intoxicating liquor or any drug or both; (2) was such person placed under arrest; (3) did such person refuse to submit to such test or analysis or did such person submit to such test or analysis, commenced within two hours of the time of operation, and the results of such test or analysis indicated that such person had an elevated blood alcohol content or elevated blood tetrahydrocannabinol content; and (4) was such person operating the motor vehicle. In the hearing, the results of the test or analysis shall be sufficient to indicate the ratio of alcohol in the blood of such person at the time of operation, provided such test was commenced within two hours of the time of operation. The fees of any witness summoned to appear at the hearing shall be the same as provided by the general statutes for witnesses in criminal cases. Notwithstanding the provisions of subsection (a) of section 52-143, any subpoena summoning a police officer as a witness shall be served not less than seventy-two hours prior to the designated time of the hearing.
(h) If, after such hearing, the commissioner finds on any one of the said issues in the negative, the commissioner shall reinstate such license or operating privilege. If, after such hearing, the commissioner does not find on any one of the said issues in the negative or if such person fails to appear at such hearing, the commissioner shall affirm the suspension contained in the suspension notice for the appropriate period specified in subsection (i) of this section. The commissioner shall render a decision at the conclusion of such hearing and send a notice of the decision by bulk certified mail to such person. The notice of such decision sent by bulk certified mail to the address of such person as shown by the records of the commissioner shall be sufficient notice to such person that such person's operator's license or nonresident operating privilege is reinstated or suspended, as the case may be.
(i) (1) The commissioner shall suspend the operator's license or nonresident operating privilege of a person who did not contact the department to schedule a hearing, who failed to appear at a hearing, or against whom a decision was issued, after a hearing, pursuant to subsection (h) of this section, as of the effective date contained in the suspension notice, for a period of forty-five days. As a condition for the restoration of such operator's license or nonresident operating privilege, such person shall be required to install an ignition interlock device on each motor vehicle owned or operated by such person and, upon such restoration, be prohibited from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, for the longer of either (A) the period prescribed in subdivision (2) of this subsection for the present arrest and suspension, or (B) the period prescribed in subdivision (1), (2) or (3) of subsection (g) of section 14-227a, as amended by this act, or subdivision (1), (2) or (3) of subsection (c) of section 14-227m, as amended by this act, or subdivision (1) or (2) of subsection (c) of section 14-227n, as amended by this act, for the present arrest and conviction, if any.
(2) (A) A person twenty-one years of age or older at the time of the arrest who submitted to a test or analysis and the results of such test or analysis indicated that such person had an elevated blood alcohol content shall install and maintain an ignition interlock device for the following periods: (i) For a first suspension under this section, six months; (ii) for a second suspension under this section, one year; and (iii) for a third or subsequent suspension under this section, two years; (B) a person under twenty-one years of age at the time of the arrest who submitted to a test or analysis and the results of such test or analysis indicated that such person had an elevated blood alcohol content shall install and maintain an ignition interlock device for the following periods: (i) For a first suspension under this section, one year; (ii) for a second suspension under this section, two years; and (iii) for a third or subsequent suspension under this section, three years; and (C) a person, regardless of age, who refused to submit to a test or analysis shall install and maintain an ignition interlock device for the following periods: (i) For a first suspension under this section, one year; (ii) for a second suspension under this section, two years; and (iii) for a third or subsequent suspension, under this section, three years.
(3) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, a person whose motor vehicle operator's license or nonresident operating privilege has been permanently revoked upon a third offense pursuant to subsection (g) of section 14-227a, as amended by this act, or subsection (c) of section 14-227m, as amended by this act, shall be subject to the penalties prescribed in subdivision (2) of subsection (i) of section 14-111.
(j) Notwithstanding the provisions of subsections (b) to (i), inclusive, of this section, any police officer who obtains the results of a chemical analysis of a blood sample taken from or a urine sample provided by an operator of a motor vehicle who was involved in an accident and suffered or allegedly suffered physical injury in such accident, or who was otherwise deemed by a police officer to require treatment or observation at a hospital, shall notify the Commissioner of Motor Vehicles and submit to the commissioner a written report if such results indicate that such person had an elevated blood alcohol content or elevated blood tetrahydrocannabinol content, and if such person was arrested for violation of section 14-227a, as amended by this act, or 14-227m, as amended by this act, or subdivision (1) or (2) of subsection (a) of section 14-227n, as amended by this act. The report shall be made on a form approved by the commissioner containing such information as the commissioner prescribes, and shall be subscribed and sworn to under penalty of false statement, as provided in section 53a-157b, by the police officer. The commissioner may, after notice and an opportunity for hearing, which shall be conducted by a hearing officer on behalf of the commissioner in accordance with chapter 54, suspend the motor vehicle operator's license or nonresident operating privilege of such person for the appropriate period of time specified in subsection (i) of this section and require such person to install and maintain an ignition interlock device for the appropriate period of time prescribed in subsection (i) of this section. Each hearing conducted under this subsection shall be limited to a determination of the following issues: (1) Whether the police officer had probable cause to arrest the person for operating a motor vehicle while under the influence of intoxicating liquor or drug or both; (2) whether such person was placed under arrest; (3) whether such person was operating the motor vehicle; (4) whether the results of the analysis of the blood or urine of such person indicate that such person had an elevated blood alcohol content or elevated blood tetrahydrocannabinol content; and (5) in the event that a blood sample was taken, whether the blood sample was obtained in accordance with conditions for admissibility and competence as evidence as set forth in subsection (k) of section 14-227a, as amended by this act. If, after such hearing, the commissioner finds on any one of the said issues in the negative, the commissioner shall not impose a suspension. The fees of any witness summoned to appear at the hearing shall be the same as provided by the general statutes for witnesses in criminal cases, as provided in section 52-260.
(k) The provisions of this section shall apply with the same effect to the refusal by any person to submit to an additional chemical test as provided in subdivision (5) of subsection (b) of section 14-227a, as amended by this act.
(l) The provisions of this section shall not apply to any person whose physical condition is such that, according to competent medical advice, such test would be inadvisable.
(m) The state shall pay the reasonable charges of any physician who, at the request of a municipal police department, takes a blood sample for purposes of a test under the provisions of this section.
(n) For the purposes of this section, "elevated blood alcohol content" means (1) a ratio of alcohol in the blood of such person that is eight-hundredths of one per cent or more of alcohol, by weight, (2) if such person is operating a commercial motor vehicle, a ratio of alcohol in the blood of such person that is four-hundredths of one per cent or more of alcohol, by weight, or (3) if such person is less than twenty-one years of age, a ratio of alcohol in the blood of such person that is two-hundredths of one per cent or more of alcohol, by weight; and "elevated blood tetrahydrocannabinol content" means a tetrahydrocannabinol concentration of five point zero or higher in the blood.
(o) The Commissioner of Motor Vehicles shall adopt regulations, in accordance with chapter 54, to implement the provisions of this section.
Sec. 39. Subsection (a) of section 14-227m of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) No person shall operate a motor vehicle in which a child under eighteen years of age is a passenger while such person (1) is under the influence of intoxicating liquor or any drug or both, or (2) has an elevated blood alcohol content or elevated blood tetrahydrocannabinol content. For the purposes of this section, "elevated blood alcohol content" means a ratio of alcohol in the blood of such person that is eight-hundredths of one per cent or more of alcohol, by weight, except that if such person is operating a commercial motor vehicle, "elevated blood alcohol content" means a ratio of alcohol in the blood of such person that is four-hundredths of one per cent or more of alcohol, by weight, and if such person is under twenty-one years of age, "elevated blood alcohol content" means a ratio of alcohol in the blood of such person that is two-hundredths of one per cent or more of alcohol by weight; "elevated blood tetrahydrocannabinol content" means a tetrahydrocannabinol concentration of five point zero or higher in the blood; and "motor vehicle" includes a snowmobile and all-terrain vehicle, as those terms are defined in section 14-379.
Sec. 40. Subsection (a) of section 14-227n of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) (1) No person shall operate a school bus, student transportation vehicle or other motor vehicle specially designated for carrying children while such person (A) is under the influence of intoxicating liquor or any drug or both, or (B) has an elevated blood alcohol content or elevated blood tetrahydrocannabinol content.
(2) No person shall operate a school bus, student transportation vehicle or other motor vehicle specially designated for carrying children in which a child under eighteen years of age is a passenger while such person (A) is under the influence of intoxicating liquor or any drug or both, or (B) has an elevated blood alcohol content or elevated blood tetrahydrocannabinol content.
(3) For the purposes of this section, "motor vehicle specially designated for carrying children" means any motor vehicle, except for a registered school bus or student transportation vehicle as defined in section 14-212, that is designated or used by a person, firm or corporation for the transportation of children to or from any program or activity organized primarily for persons under the age of eighteen years, with or without charge to the individual being transported, but does not include a passenger motor vehicle normally used for personal, family or household purposes that is operated by a person without a public passenger endorsement; and "elevated blood alcohol content" means a ratio of alcohol in the blood of such person that is eight-hundredths of one per cent or more of alcohol, by weight, except that if such person is operating a commercial motor vehicle, "elevated blood alcohol content" means a ratio of alcohol in the blood of such person that is four-hundredths of one per cent or more of alcohol, by weight, and if such person is under twenty-one years of age, "elevated blood alcohol content" means a ratio of alcohol in the blood of such person that is two-hundredths of one per cent or more of alcohol, by weight and "elevated blood tetrahydrocannabinol content" means a tetrahydrocannabinol concentration of five point zero or higher in the blood.
This act shall take effect as follows and shall amend the following sections: | ||
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July 1, 2018 |
New section |
Sec. 22 |
July 1, 2018 |
53a-213 |
Sec. 23 |
July 1, 2018 |
21a-277 |
Sec. 24 |
July 1, 2018 |
21a-278 |
Sec. 25 |
July 1, 2018 |
21a-279 |
Sec. 26 |
July 1, 2018 |
21a-279a |
Sec. 27 |
July 1, 2018 |
15-133(d) |
Sec. 28 |
July 1, 2018 |
30-86 |
Sec. 29 |
July 1, 2018 |
30-88a |
Sec. 30 |
from passage |
1-1h(d) |
Sec. 31 |
from passage |
2c-2h(a) |
Sec. 32 |
from passage |
21a-6 |
Sec. 33 |
from passage |
30-1(10) |
Sec. 34 |
from passage |
30-2 |
Sec. 35 |
from passage |
30-4 |
Sec. 36 |
from passage |
30-35b |
Sec. 37 |
October 1, 2017 |
14-227a |
Sec. 38 |
October 1, 2017 |
14-227b |
Sec. 39 |
October 1, 2017 |
14-227m(a) |
Sec. 40 |
October 1, 2017 |
14-227n(a) |
Statement of Purpose:
To provide for and regulate the retail sale of marijuana to persons twenty-one years of age or older and taxation of any sales of such marijuana.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]