Conn. Gen. Stat. § 21a-106 — Connecticut Code / Title 21a / Chapter 418 / Section 21a-106
Sec. 21a-106. (Formerly Sec. 19-226). Misbranded drugs and devices.
Status: in_force

(a) If its labeling is false or misleading in any particular. Any statement on the label or labeling either directly or indirectly implying that the product is recommended or endorsed by any agency of the federal or state government shall be considered misleading, unless the agency concerned has approved the statement prior to its use, or unless such statement is authorized by Section 357(c) of the federal act;

(b) If in package form, unless it bears a label containing (1) the name and place of business of the manufacturer, packer or distributor, except that the label of a prescription drug packaged after October 1, 1976, shall contain the name and place of business of the manufacturer of the final dosage form of the drug and, if different, the name and place of business of the packer or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure or numerical count, provided reasonable variations shall be permitted and exemptions as to small packages shall be established by regulations promulgated by the commissioner and director, acting jointly, or by regulations issued under the federal act;

(c) If any information or other word or statement, required by or under authority of this chapter to appear on the label or labeling, is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or devices in the labeling, and in such terms, as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

(d) If it is for use by man and contains any quantity of the narcotic or hypnotic substance alpha-eucaine, beta-eucaine, bromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, marijuana, morphine, opium, paraldehyde, peyote or sulphonmethane, or any chemical derivative of any such substance, which derivative has been designated as habit-forming by regulations promulgated under Section 352(d) of the federal act; unless its label bears the name and quantity or proportion of such substance or derivative and in juxtaposition therewith the statement “Warning–may be habit-forming”;

(e) (1) If it is a drug, unless (A) its label bears, to the exclusion of any other nonproprietary name, except the applicable systematic chemical name or the chemical formula, (i) the established name, as defined in subdivision (2) of this subsection, of the drug, if such there be, and (ii), in case it is fabricated from two or more ingredients, the established name and quantity of each active ingredient, including the kind and quantity or proportion of any alcohol, and also including, whether active or not, the established name and quantity or proportion of any bromides, ether, chloroform, acetanilid, acetophenetidin, amidopyrine, antipyrine, atropine, hyoscine, hyoscyamine, arsenic, digitalis, digitalis glucosides, mercury, ouabain, strophanthin, strychnine, thyroid, or any derivative or preparation of any such substances, contained therein: Provided the requirement for stating the quantity of the active ingredients, other than those specifically named in this paragraph, shall apply only to prescription drugs packaged prior to July 1, 1980, and provided further, the requirement for stating the quantity or proportion of the active ingredients, other than those specifically named in this paragraph, shall apply to all drugs packaged on or after July 1, 1980, except nonprescription drugs which are also cosmetics; and (B) if it is a prescription drug, unless the established name of such drug or ingredient, as the case may be, on such label (and on any labeling on which a name for such drug or ingredient is used) is printed prominently and in type at least half as large as that used thereon for any proprietary name or designation for such drug or ingredient. To the extent that compliance with the requirements of clause (A) (ii) or clause (B) is impracticable, exemptions shall be established by regulations promulgated by the commissioner and director, acting jointly, or by regulations issued under the federal act. (2) As used in this subsection (e), the term, “established name”, with respect to a drug or ingredient thereof, means (A) the applicable official name designated pursuant to Section 358 of the federal act, or (B), if there is no such name and such drug, or such ingredient, is an article recognized in an official compendium, then the official title thereof in such compendium, or (C) if neither clause (A) nor clause (B) applies, then the common or usual name, if any, of such ingredient. Where clause (B) applies to an article recognized in the United States Pharmacopoeia and in the Homeopathic Pharmacopoeia under different official titles, the official title used in the United States Pharmacopoeia shall apply unless it is labeled and offered for sale as a homeopathic drug, in which case the official title used in the Homeopathic Pharmacopoeia shall apply;

(f) Unless its labeling bears (1) adequate directions for use and (2) such adequate warnings against use in those pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or application, in such manner and form as are necessary for the protection of users; provided, when any requirement of subdivision (1) of this subsection, as applied to any drug or device, is not necessary for the protection of the public health, the commissioner and director, acting jointly, shall promulgate regulations exempting such drug or device from such requirement; provided further, articles exempted under regulations issued under Section 352(f) of the federal act shall also be exempt from the requirements of this subsection;

(g) If it purports to be a drug the name of which is recognized in an official compendium, unless it is packaged and labeled as prescribed therein; provided the method of packing may be modified with the consent of the commissioner and director, acting jointly, and provided whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States, it shall be subject to the requirements of the United States Pharmacopoeia with respect to packaging and labeling unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the Homeopathic Pharmacopoeia of the United States, and not to those of the United States Pharmacopoeia; provided further, in the event of inconsistency between the requirements of this subsection and those of subsection (e) as to the name by which the drug or its ingredients shall be designated, the requirements of subsection (e) shall prevail;

(h) If it has been found by the commissioner to be a drug liable to deterioration, unless it is packaged in such form and manner, and its label bears a statement of such precautions, as the commissioner and director, acting jointly, by regulations, require as necessary for the protection of public health; provided no such regulations shall be established for any drug recognized in an official compendium until the commissioner has informed the appropriate body charged with the revision of such compendium of the need for such packaging or labeling requirements and such body has failed within a reasonable time to prescribe such requirements;

(i) (1) If it is a drug and its container is so made, formed or filled as to be misleading or (2) if it is an imitation of another drug or (3) if it is offered for sale under the name of another drug;

(j) If it is dangerous to health when used in the dosage, or with the frequency or duration, prescribed, recommended or suggested in the labeling thereof;

(k) If it is a legend drug, as defined in section 20-571 , that is not administered, dispensed, prescribed or otherwise possessed or distributed in accordance with federal and state laws and regulations;

(l) If it is a color additive, the intended use of which in or on drugs is for the purpose of coloring only, unless its packaging and labeling are in conformity with such packaging and labeling requirements contained in regulations issued under the federal act;

(m) In the case of any prescription drug distributed or offered for sale in any state, unless the manufacturer, packer or distributor thereof includes in all advertisements and other descriptive printed matter issued or caused to be issued by the manufacturer, packer or distributor with respect to that drug a true statement of (1) the established name, as defined in subsection (e) (2) of this section, printed prominently and in type at least half as large as that used for any trade or brand name thereof, (2) the formula showing quantitatively each ingredient of such drug to the extent required for labels under subsection (e) of this section, and (3) such other information in brief summary relating to side effects, contraindications and effectiveness as required in regulations issued under the federal act unless it is a drug which has been exempted from the labeling provisions of the federal act, as effective on April 26, 1974, or is permitted to be sold without a prescription under the federal act, as effective on said date;

(n) If it is a drug and was manufactured, prepared, propagated, compounded or processed in an establishment in this state not duly registered under section 21a-70 ;

(o) If it is, or purports to be, or is represented as a drug composed wholly or partly of any kind of penicillin, streptomycin, chlortetracycline, chloramphenicol, bacitracin or any other antibiotic drug, or any derivative thereof, unless (1) it is from a batch with respect to which a certificate or release has been issued pursuant to Section 357 of the federal act, and (2) such certificate or release is in effect with respect to such drug; provided that this subsection shall not apply to any drug or class of drugs exempted by regulations promulgated under Section 357 (c) or (d) of the federal act. For the purpose of this subsection, “antibiotic drug” means any drug intended for use by man containing any quantity of any chemical substance which is produced by a microorganism and which has the capacity to inhibit or destroy microorganisms in dilute solution, and the chemically synthesized equivalent of any such substance.

Annotation to former section 19-226:

Cited. 29 CS 333.
Conn. Gen. Stat. § 21-35m — Connecticut Code / Title 21 / Chapter 407a / Section 21-35m
Sec. 21-35m. Promoters must register with commissioner. Applications for registration. Fee. Renewal. Agreement between promoter and closing-out sale licensee. Suspension or revocation of registration. Civil penalty.
Status: in_force

(b) Each agreement between a promoter and a closing-out sale licensee shall: (1) Be in writing; (2) contain the date of the agreement; (3) contain the entire agreement between the promoter and licensee; (4) contain the name and address of the promoter; and (5) be signed by both parties.

(c) The commissioner, after providing notice and conducting a hearing in accordance with the provisions of chapter 54, may revoke or suspend the registration of any person as a promoter for (1) conduct of a character likely to mislead, deceive or defraud the public or the commissioner; (2) engaging in any untruthful or misleading advertising; or (3) violating any provision of this chapter relating to closing-out sales or any regulation established pursuant to section 21-35i or 42-110b . In addition, the commissioner, after providing notice and conducting a hearing in accordance with the provisions of chapter 54 may impose a civil penalty of not more than five hundred dollars for each offense. Each violation with respect to each separate item of merchandise shall be deemed a separate offense.

See Sec. 21a-10(b) re staggered schedule for registration renewals.
Conn. Gen. Stat. § 21a-279a — Connecticut Code / Title 21a / Chapter 420b / Section 21a-279a
Sec. 21a-279a. Limits for legal possession of cannabis. Penalty for illegal possession. Calculation of amount and equivalencies. Immunity.
Status: in_force

(b) (1) Any person under eighteen years of age who possesses or has under such person's control less than (A) five ounces of cannabis plant material, (B) an equivalent amount of cannabis products, as provided in subsection (i) of this section, or (C) an equivalent amount of a combination of cannabis and cannabis products, as provided in subsection (i) of this section, except as authorized in this chapter or chapter 420f, shall for a (i) first offense, be issued a written warning, and such person may be referred to a youth services bureau established under section 10-19m or to any other appropriate services, (ii) second offense, be referred to a youth services bureau established under section 10-19m or to any other appropriate services, and (iii) any subsequent offense, be adjudicated delinquent pursuant to the provisions of section 46b-120 .

(2) Any person under eighteen years of age who possesses or has under such person's control (A) five ounces or more of cannabis plant material, (B) an equivalent amount of cannabis products, as provided in subsection (i) of this section, or (C) an equivalent amount of a combination of cannabis and cannabis products, as provided in subsection (i) of this section, except as authorized in this chapter or chapter 420f, shall be adjudicated delinquent pursuant to the provisions of section 46b-120 .

(3) No person may be arrested for a violation of this subsection.

(c) (1) Any person eighteen years of age or older but under twenty-one years of age, who possesses or has under such person's control less than (A) five ounces of cannabis plant material, (B) an equivalent amount of cannabis products, as provided in subsection (h) of this section, or (C) an equivalent amount of a combination of cannabis and cannabis products, as provided in subsection (i) of this section, except as authorized in this chapter or chapter 420f, shall be required to view and sign a statement acknowledging the health effects of cannabis on young people and shall (i) for a first offense, be fined fifty dollars, and (ii) for any subsequent offense, be fined one hundred fifty dollars.

(2) Any person eighteen years of age or older but under twenty-one years of age, who possesses or has under such person's control (A) five ounces or more of cannabis plant material, (B) an equivalent amount of cannabis products, as provided in subsection (i) of this section, or (C) an equivalent amount of a combination of cannabis and cannabis products, as provided in subsection (i) of this section, except as authorized in this chapter or chapter 420f, shall be required to view and sign a statement acknowledging the health effects of cannabis on young people and shall (i) for a first offense, be fined five hundred dollars, and (ii) for any subsequent offense, be guilty of a class D misdemeanor.

(d) Any person twenty-one years of age or older, except as authorized in this chapter, chapter 420f or RERACA, who possesses or has under such person's control more than the possession limit pursuant to subsection (a) of this section, but less than (1) five ounces of cannabis plant material and eight ounces of cannabis plant material in a locked container at such person's residence or a locked glove box or trunk of such person's motor vehicle, (2) an equivalent amount of cannabis products, as provided in subsection (i) of this section, or (3) an equivalent amount of a combination of cannabis and cannabis products, as provided in subsection (i) of this section, shall for a (A) first offense, be fined one hundred dollars, and (B) subsequent offense, be fined two hundred fifty dollars.

(e) (1) Any person twenty-one years of age or older, except as authorized in this chapter, chapter 420f or RERACA, who possesses or has under such person's control (A) five ounces or more of cannabis plant material or eight ounces or more of cannabis plant material in a locked container at such person's residence or a locked glove box or trunk of such person's motor vehicle, (B) an equivalent amount of cannabis products, as provided in subsection (i) of this section, or (C) an equivalent amount of a combination of cannabis and cannabis products, as provided in subsection (i) of this section, shall for a (i) first offense, be fined five hundred dollars, and (ii) subsequent offense, be guilty of a class C misdemeanor.

(2) For an offense under 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.

(f) The law enforcement officer issuing a complaint for a violation of subsection (b), (c), (d) or (e) of this section shall seize all cannabis and cause such substance to be destroyed as contraband in accordance with law.

(g) 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 (e) 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.

(h) Any person subject to a fine under the provisions of this section may attest to his or her indigency, and, in lieu of paying such fine, complete community service with a private nonprofit charity or other nonprofit organization. The number of hours of community service required shall be equivalent to one hour of such service for each twenty-five dollars of the fine that would otherwise apply. Upon completion of the community service, such person shall attest, and present documentation from such private nonprofit charity or other nonprofit organization confirming that such community service was performed.

(i) (1) For purposes of determining any amount or limit specified in this section and RERACA, one ounce of cannabis plant material shall be considered equivalent to (A) five grams of cannabis concentrate, or (B) any other cannabis products with up to five hundred milligrams of THC.

(2) For purposes of subsection (a) of this section, one and one-half ounces of cannabis plant material shall be considered equivalent to (A) seven and one-half grams of cannabis concentrate, or (B) any other cannabis products with up to seven hundred fifty milligrams of THC.

(3) For purposes of subsections (b) to (e), inclusive, of this section, five ounces of cannabis plant material shall be considered equivalent to (i) twenty-five grams of cannabis concentrate, or (ii) any other cannabis products with up to two thousand five hundred milligrams of THC.

(4) For purposes of determining any amount or limit specified in this section and RERACA, the amount possessed shall be calculated by converting any quantity of cannabis products to its equivalent quantity of cannabis plant material, and then taking the sum of any such quantities.

(j) (1) As used in this section, “cannabis”, “cannabis flower”, “cannabis trim”, “cannabis concentrate” and “cannabis product” have the same meanings as provided in section 21a-420 .

(2) As used in this section, “cannabis plant material” means cannabis flower, cannabis trim and all parts of any plant or species of the genus cannabis, or any infra specific taxon thereof, excluding a growing plant, and the seeds thereof. “Cannabis plant material” does not include hemp, as defined in section 22-61 l .

(3) As used in this section, “motor vehicle” has the same meaning as provided in section 14-1 .

(4) As used in this section, “trunk” means (A) the fully enclosed and locked main storage or luggage compartment of a motor vehicle that is not accessible from the passenger compartment, or (B) a locked toolbox or utility box attached to the bed of a pickup truck, as defined in section 14-1 . “Trunk” does not include the rear of a pickup truck, except as otherwise provided, or of a hatchback, station-wagon-type automobile or sport utility vehicle or any compartment that has a window.

(k) The provisions of subsections (b) to (e), inclusive, 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 of cannabis plant material or cannabis product in violation of said subsections 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.

Section changed penalty for possessing less than one-half ounce of marijuana from potential term of imprisonment and large fine to merely a fine for first and subsequent offenses and decriminalized said possession for purposes of the erasure provisions in Sec. 54-142d. 315 C. 861.
Conn. Gen. Stat. § 21a-279 — Connecticut Code / Title 21a / Chapter 420b / Section 21a-279
Sec. 21a-279. (Formerly Sec. 19-481). Penalty for illegal possession of a controlled substance other than cannabis. Alternative sentences. Immunity.
Status: in_force

(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 with intent to commit such violation at a specific location that the trier of fact determines is in or on, or within two hundred feet of the perimeter of the real property comprising a (1) public or private elementary or secondary school and who is not enrolled as a student in such school, or (2) 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 .

See Sec. 21a-283a re authority of court to depart from prescribed mandatory minimum sentence.

See Sec. 53a-39c re eligibility for community service labor program.

Annotations to former section 19-481:

Cited. 162 C. 216; Id., 309; 163 C. 104; 165 C. 83; 166 C. 126; 167 C. 379; 168 C. 623; 169 C. 322; 179 C. 522; 182 C. 142; Id., 335; 185 C. 104; 188 C. 183; 194 C. 612; 195 C. 624; 197 C. 50; 199 C. 591; 205 C. 437.

Cited. 5 CA 496; Id., 552; 6 CA 247; 7 CA 477.

Cited. 28 CS 21; 29 CS 87. Narcotic substance includes cocaine. 30 CS 267. Cited. 33 CS 129; 38 CS 374.

Motion to quash denied where bill of particulars and information sufficiently alleged crimes charged under statute. 5 Conn. Cir. Ct. 134.

Subsec. (a):

Cited. 170 C. 469; 171 C. 293; 172 C. 172; Id., 223; Id., 414. Possession requires that defendant had exercised dominion and control over substance and had knowledge of its presence and narcotic character; but since defendant made no request to charge and took no exception, no error found in instruction to jury that defendant must have “knowledge of the fact that these items were there.” Id., 593. Cited. 173 C. 431; 174 C. 153; 178 C. 422; Id., 704; 179 C. 239; 182 C. 335; 185 C. 104; 186 C. 26; 187 C. 292; 189 C. 35; 194 C. 331; Id., 589; Id., 612; 195 C. 70; Id., 624; 196 C. 471; 197 C. 67; Id., 219, but see 219 C. 529. Legislature did not intend to authorize dual convictions for simultaneous possession of cocaine and heroin; multiple convictions under statute and double jeopardy clause discussed. 198 C. 111. Cited. 200 C. 82; 201 C. 505.

Cited. 2 CA 605; 7 CA 367. Court declined to review claim that statute was unconstitutionally vague. Id., 403. Cited. Id., 477.

Sentence under Subsec. must be in accordance with Ch. 952. 31 CS 350.

Annotations to present section:

Cited. 197 C. 644; 206 C. 90; 212 C. 223; 219 C. 529; 229 C. 285; 242 C. 296. Amendments to section in public act 15-2 of the June special session do not apply retroactively to criminal cases pending at the time the amendment became effective. 337 C. 739.

Cited. 1 CA 275; 13 CA 69; Id., 175; Id., 708; 17 CA 102; 22 CA 118; 26 CA 779; 33 CA 409; 41 CA 694; 45 CA 207; Id., 282. Defendant could not be convicted on one set of facts of both possession of narcotics by a person who is not drug-dependent and simple possession of narcotics and court ordered one sentence vacated. 60 CA 436. Phrase “any quantity of any narcotic substance” not unconstitutionally void for vagueness and does not give rise to arbitrary and discriminatory enforcement. 154 CA 727.

Subsec. (a):

Cited. 197 C. 620. Legislature did not intend to authorize dual convictions for simultaneous possession of cocaine and heroin; multiple convictions under statute and double jeopardy clause discussed. 198 C. 111. Cited. 199 C. 354; 204 C. 654; 207 C. 35; 209 C. 1; Id., 23; 212 C. 485; 219 C. 557; 220 C. 628; 224 C. 163; Id., 494; 226 C. 514; 236 C. 216; 237 C. 81. Violation of section is a lesser included offense in Sec. 21a-277(a) since no element in possession charge is not included in charge of possession with intent to sell, where information alleges crimes committed on same date, at same location and with same narcotic. 288 C. 345.

Cited. 2 CA 605; 7 CA 588; 8 CA 111; 9 CA 185; Id., 667; 10 CA 7; Id., 532; Id., 561; Id., 667; 11 CA 11; Id., 47; Id., 540; judgment reversed, see 209 C. 1; 12 CA 225; Id., 274; 14 CA 536; 16 CA 245; Id., 518; 17 CA 556; 18 CA 32; Id., 104; 20 CA 241; Id., 321; Id., 336; 21 CA 568; 22 CA 40; judgment reversed, see 219 C. 577; Id., 303; Id., 431; Id., 601; 23 CA 50; Id., 123; Id., 602; Id., 667; Id., 746; judgment reversed, see 221 C. 595; 24 CA 158; Id., 543; Id., 697; 25 CA 354; Id., 472. Court declined to require any minimum amount or usability requirement before conviction may be had. Id., 624. Cited. 26 CA 553; Id., 667; Id., 698; 27 CA 741; 29 CA 675; Id., 694; Id., 801; judgment reversed, see 229 C. 285; Id., 843; 30 CA 712; 31 CA 178; 32 CA 811; 33 CA 432; 34 CA 191; Id., 629; 37 CA 355; 38 CA 85; Id., 536; 39 CA 110; 40 CA 762; 41 CA 604; Id., 746; 42 CA 687; 43 CA 801; 46 CA 791. Conviction for both possession and sale of narcotics does not violate prohibition against double jeopardy. 53 CA 661. Conviction of possession of narcotics and possession of narcotics with intent to sell violated defendant's right against double jeopardy. 78 CA 659. Conviction reversed because court failed to instruct jury on nonexclusive possession after jury explicitly requested instruction, and evidence was insufficient to prove element of control necessary for conviction. 116 CA 710. Subsec. requires only that defendant knew of narcotic character of substance, and does not require that defendant knew of illegal character of substance; conviction of conspiracy to possess narcotics under Subsec. and conspiracy to possess narcotics with intent to sell under Sec. 21a-277(a) constitutes double jeopardy. 137 CA 733.

Cited. 41 CS 454.

Subsec. (b):

Cited. 224 C. 593; 240 C. 365.

Cited. 7 CA 588; 10 CA 7; 14 CA 445; 20 CA 808; 22 CA 62; judgment reversed, see 219 C. 529; 38 CA 29.

Subsec. (c):

Cited. 207 C. 35; 216 C. 185; 220 C. 38; 221 C. 518; 230 C. 385; 236 C. 561; 240 C. 489.

Cited. 2 CA 605; 5 CA 441; 6 CA 394; 8 CA 158; 9 CA 15; Id., 667; 10 CA 532; Id., 561; 12 CA 225; Id., 274; 14 CA 356; Id., 388; 15 CA 251; 17 CA 108; Id., 142; Id., 635; 18 CA 819; 19 CA 296; 20 CA 183; Id., 321; 22 CA 10; 24 CA 678; 26 CA 667; 28 CA 575; 29 CA 843; 30 CA 550; 31 CA 278; judgment reversed, see 230 C. 385; 32 CA 811; 33 CA 432; 37 CA 801; 39 CA 175; Id., 526; 42 CA 640; 45 CA 679. Possession of illegal substance requires accused to have had knowledge of the character of the drug and its presence, and to have exercised dominion and control over it. 63 CA 284.

Subsec. (d):

Cited. 45 CA 679. Legislature intended for Subsec. to impose cumulative punishment. 50 CA 1.
Conn. Gen. Stat. § 21a-226 — Connecticut Code / Title 21a / Chapter 420 / Section 21a-226
Sec. 21a-226. Connecticut Health Club Guaranty Fund.
Status: in_force

(b) Any health club which receives a license pursuant to section 21a-223 shall pay a fee of five hundred dollars annually to the guaranty fund except that a health club operated primarily for the purpose of teaching particular forms of self-defense or martial arts that has annual gross revenues of less than one hundred thousand dollars shall pay one hundred dollars annually to the guaranty fund.

(c) Payments received under subsection (b) of this section shall be credited to the guaranty fund whenever the fund balance is less than three hundred fifty thousand dollars. Money in the fund may be invested or reinvested in the same manner as funds of the state employees retirement system, and the interest derived from such investments shall be credited to the guaranty fund whenever the fund balance is less than three hundred fifty thousand dollars. Any such payments or interest not deposited in the guaranty fund shall be credited to the General Fund.

(d) If a health club is no longer in operation at the location where the buyer entered into the contract, the buyer having a claim against said health club may apply to the commissioner for payment of such claim from the guaranty fund, if the claim arises from (1) failure to provide services, (2) failure to comply with its contract obligations, (3) failure to remain open for the duration of its contracts, or (4) failure to comply with any provision of this chapter. Such claim may be filed if the health club fails to make payment of such claim.

(e) The commissioner shall provide forms for applications by buyers for payment from the guaranty fund. The application shall include the name and address of the health club, the beginning and ending date of the contract, the price of the contract, the date of the closing of the health club, the amount and the basis of the claim and a copy of the contract or other proof of membership deemed suitable by the commissioner. No application for a payment from the guaranty fund shall be accepted by the commissioner more than six months after the date of the closing of the location of the health club where the buyer entered into the contract.

(f) (1) Before the commissioner may issue any order directing payment out of the guaranty fund to a buyer pursuant to this section, the commissioner shall first notify the health club of the buyer's application for an order directing payment out of the guaranty fund and of the health club's right to a hearing to contest the disbursement in the event that the health club (A) has already paid the buyer, or (B) is complying with a payment schedule in accordance with (i) a written agreement with the buyer, or (ii) a court judgment, order or decree.

(2) If a health club described in subdivision (1) of this subsection requests a hearing, the commissioner shall grant such request and conduct the hearing in accordance with the provisions of chapter 54 if the health club submits such request (A) in writing, and (B) not later than fifteen days after the health club receives the notice issued by the commissioner pursuant to subdivision (1) of this subsection.

(3) If the commissioner does not receive a request from a health club for a hearing within the fifteen-day period set forth in subdivision (2) of this subsection, the commissioner shall (A) determine that the buyer has not been paid, and (B) issue an order directing payment out of the guaranty fund for the amount due.

(4) If multiple buyers submit claims against any health club, the commissioner may hear such buyers' applications in one proceeding.

(g) After hearing, the commissioner shall issue an order requiring payment from the guaranty fund of any sum the commissioner finds to be payable upon such application. The total compensation payable from the guaranty fund on the closing of any one health club location shall not exceed seventy-five thousand dollars.

(h) If the commissioner pays any amount as a result of a claim against a health club pursuant to an order under subsection (g) of this section, the health club shall not be eligible to receive a new or renewed license until the health club has repaid such amount in full, plus interest at a rate to be determined by the commissioner.

(i) If the commissioner pays any amount as a result of a claim against a health club pursuant to an order under subsection (g) of this section, the commissioner shall determine if the health club is possessed of real or personal property or other assets, liable to be sold or applied in satisfaction of the claim on such fund. If the commissioner discovers any such assets, the commissioner may request that the Attorney General take any action necessary for the realization thereof for the reimbursement of the guaranty fund.

(j) The commissioner may, in order to preserve the integrity of the guaranty fund, order payments to be made out of said fund for amounts less than the actual loss incurred by any buyer of a health club contract.

(k) When the commissioner has caused any sum to be paid from the guaranty fund to a buyer who has entered into a health club contract, the commissioner shall be subrogated to all of the rights of the buyer up to the amount paid, and the buyer shall assign all of the buyer's right, title, and interest in the claim up to such amount to the commissioner, and any amount and interest recovered by the commissioner on the claim shall be deposited to the guaranty fund, except as provided in subsection (c) of this section.

(l) Notwithstanding any provision of the general statutes to the contrary, the commissioner may prohibit a health club from making payments to the Connecticut Health Club Guaranty Fund if, in the opinion of the commissioner, the health club within the past five years has engaged in any unfair or deceptive trade practices under subsection (a) of section 42-110b , has engaged in any conduct of a character likely to mislead, deceive or defraud the buyer, the public or the commissioner, or has violated any of the provisions this chapter. If the commissioner determines that a health club should be prohibited from making payments to the Connecticut Health Club Guaranty Fund, the department shall provide notice to the health club, which notice shall state the grounds for the contemplated action. Not later than fourteen days after the health club receives such notice, the health club may file a written request for a hearing. If a hearing is requested such hearing shall be conducted in accordance with the provisions of chapter 54.

(m) Each health club which has been prohibited from making payments to the Connecticut Health Club Guaranty Fund shall furnish the commissioner with a guaranty bond satisfactory to the commissioner in a sum equal to one hundred twenty-five thousand dollars and shall obtain a certificate from the department that the requirements of this subsection have been met. If a health club is no longer in operation at the location where the buyer entered into the contract, the buyer having a claim against the health club may apply to the commissioner for payment of such claim from the guaranty bond, if the claim arises from (1) failure to provide services, (2) failure to comply with its contract obligations, (3) failure to remain open for the duration of its contracts, or (4) failure to comply with any provision of this chapter. Such claim may be filed if, within thirty days after the buyer gives notice of the claim to the health club, the health club fails to make payment of such claim.

(n) The commissioner may adopt regulations in accordance with chapter 54 to carry out the purposes of this section.
Conn. Gen. Stat. § 21a-420n — Connecticut Code / Title 21a / Chapter 420h / Section 21a-420n
Sec. 21a-420n. Cultivator license.
Status: in_force

(b) (1) A cultivator is authorized to cultivate, grow and propagate cannabis at an establishment containing not less than fifteen thousand square feet of grow space, provided such cultivator complies with the provisions of any regulations adopted under section 21a-420q concerning grow space. A cultivator establishment shall meet physical security controls and protocols set forth and required by the commissioner.

(2) (A) Notwithstanding the provisions of subdivision (1) of this subsection, during the period beginning on June 6, 2024, through December 31, 2025, the department may grant a final cultivator license to the holder of a provisional cultivator license issued under section 21a-420o who has not developed the capability to cultivate, grow and propagate cannabis at an establishment containing at least fifteen thousand square feet of grow space, and such holder may carry out the functions of a cultivator, if such holder submits to the department, in a form and manner prescribed by the commissioner:

(i) A completed application for a final cultivator license; and

(ii) Evidence that (I) such holder's licensed cultivation facility contains at least five thousand square feet of grow space, (II) such holder, and such holder's licensed cultivation facility, are in compliance with the provisions of this chapter and the regulations adopted, and policies and procedures issued, under this chapter, (III) such holder has a detailed business plan and buildout schedule to cultivate, grow and propagate cannabis at a licensed establishment containing at least fifteen thousand square feet of grow space on or before December 31, 2025, and (IV) such holder has paid the three-million-dollar fee required under subdivision (3) of subsection (a) of section 21a-420o .

(B) If the department issues a final cultivator license under this subdivision, and the licensee fails to cultivate, grow and propagate cannabis at a licensed establishment containing at least fifteen thousand square feet of grow space on or before December 31, 2025, such licensee shall pay to the department, in a form and manner prescribed by the commissioner, an extension fee in the amount of five hundred dollars for each day that such licensee's licensed establishment fails to satisfy such minimum grow space requirement. The department may, in addition to imposing such extension fee, exercise the department's enforcement authority under section 21a-421p if the licensee fails to satisfy such minimum grow space requirement on or before December 31, 2025.

(c) A cultivator may label, manufacture, package and perform extractions on any cannabis cultivated, grown or propagated at its licensed establishment, including food and beverage products incorporating cannabis and cannabis concentrates, provided the cultivator meets all licensure and application requirements for a food and beverage manufacturer and a product manufacturer.

(d) A cultivator may sell, transfer or transport its cannabis to a cannabis establishment, research program or cannabis testing laboratory utilizing its own employees or a transporter. A cultivator shall not sell, transfer or deliver to consumers, qualifying patients or caregivers, directly or through a delivery service.
Conn. Gen. Stat. § 21a-24a — Connecticut Code / Title 21a / Chapter 417 / Section 21a-24a
Sec. 21a-24a. Sale of acidified food products, jams, jellies and preserves.
Status: in_force

(1) “Acidified food product” means a food item, with a pH value of 4.6 or less upon completion of the recipe for such product, including, but not limited to, pickles, salsa and hot sauce, produced on the premises of a residential farm. “Acidified food product” does not include food consisting in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacean ingredients or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.

(2) “Jam” means a food, with a pH value of 4.6 or less, made by cooking fruit or vegetables with sugar to a thick mixture.

(3) “Jelly” means a food, with a pH value of 4.6 or less, made by cooking fruit or vegetable juice that has been boiled with sugar.

(4) “Preserves” means a food, with a pH value of 4.6 or less, consisting of fruit or vegetables preserved whole by cooking with sugar.

(5) “Residential farm” means property (A) being utilized as a farm, as defined in subsection (q) of section 1-1 , and (B) serving as the primary residence of the owner of such property.

(b) Notwithstanding the provisions of sections 21a-91 to 21a-120 , inclusive, and section 19-13-B40 of the regulations of Connecticut state agencies, the preparation and sale of acidified food products, jams, jellies or preserves on a residential farm shall be allowed in a room used as living quarters and exempt from inspection by any state or local agency, provided such acidified food products, jams, jellies or preserves are prepared with fruit or vegetables grown on such farm and in the case of acidified food products, provided (1) the water supply of such residential farm comes from a public water supply system or, if from a private well, is tested and tests negative for coliform bacteria, (2) a pH test of such acidified food products is performed by a laboratory after completion of the recipe for such acidified food products, (3) use of the kitchen where such acidified food products are prepared is restricted from nonprocessing individuals, pets, children or any other potential contaminants during such preparation, and (4) the preparer of such acidified food products (A) possesses documentation of such preparer's successful completion of an examination concerning safe food handling techniques administered by an organization approved by the Department of Public Health for qualified food operators, or possesses documentation indicating successful completion of an approved course concerning safe food processing techniques administered by an organization approved by the Department of Consumer Protection, and (B) such documentation is made available to the local health department or the Department of Consumer Protection upon request. If the local health department or the Department of Public Health has reason to believe that a private well used pursuant to subdivision (1) of this subsection may be contaminated with coliform bacteria, such department may require such private well to be retested for the presence of coliform bacteria. Each container of acidified food products, jam, jelly or preserves offered for sale on such farm shall have on its label, in ten-point type: “Not prepared in a government inspected kitchen”.
Conn. Gen. Stat. § 21-70a — Connecticut Code / Title 21 / Chapter 412 / Section 21-70a
Sec. 21-70a. Displacement of residents due to change in land use. Relocation expenses and compensatory payments. Notice of closing of park, requirements.
Status: in_force

(b) Notwithstanding the provisions of subsection (a) of this section, in any case in which a mobile manufactured home park containing two hundred or more units in which a majority of residents have been given written notice, prior to June 23, 1999, pursuant to subdivision (3) of subsection (a) of section 21-80 or subparagraph (E) of subdivision (1) of subsection (b) of section 21-80 , regardless of whether one or more of such notices or the service of such notices is subsequently deemed invalid or ineffective, the amount of the relocation or compensatory payments required to be paid to such resident under the provisions of this section shall not exceed seven thousand dollars, regardless of whether a subsequent valid notice or notices are properly served subsequent to June 23, 1999, and such subsequent notice or notices expire on or after October 1, 2000.

(c) The owner of a mobile manufactured home park, who intends to close the park, shall notify, in writing, the Commissioner of Consumer Protection, the Commissioner of Housing and the chief elected official in the town in which the park is located at least ninety days prior to refusing to renew any leases because of the impending closing, or on any earlier date the owner gives any notice of the closing of the park as may be required by the general statutes.
Conn. Gen. Stat. § 21a-425b — Connecticut Code / Title 21a / Chapter 420i / Section 21a-425b
Sec. 21a-425b. Infused beverage sales. Requirements. Prohibitions. Waiver re legacy infused beverages. Penalty.
Status: in_force

(A) The infused beverage is sold or offered for sale (i) on premises operating under a package store permit issued pursuant to subsection (b) of section 30-20 , or (ii) at a dispensary facility, hybrid retailer or retailer;

(B) If the infused beverage is sold at a dispensary facility, hybrid retailer or retailer, the infused beverage is stored and displayed separately from any cannabis, in the same manner provided for manufacturer hemp products, in accordance with section 21a-409 , 21a-420s or 21a-420r , respectively; and

(C) The infused beverage meets the standards set forth for manufacturer hemp products in subsections (v) and (x) of section 22-61m .

(2) Beginning on July 1, 2024, no infused beverage shall be sold, or offered for sale, at retail to any individual in this state by way of any indirect means, including, but not limited to, by way of mail or any telephonic or other electronic means.

(b) No infused beverage shall be sold to any individual who is younger than twenty-one years of age. No owner, agent or employee of a package store permitted under subsection (b) of section 30-20 , or of a dispensary facility, hybrid retailer or retailer, shall sell any infused beverage to an individual without first verifying the individual's age with a valid government-issued driver's license or identity card to establish that such individual is twenty-one years of age or older.

(c) Beginning on October 1, 2024, no person shall sell, or offer for sale, any infused beverage in any container containing less than twelve fluid ounces, or any packaging comprised of more than four containers.

(d) Notwithstanding the provisions of subsections (a) to (c), inclusive, of this section, a dispensary facility, hybrid retailer, retailer or package store that has received a waiver from the Commissioner of Consumer Protection under section 21a-425d may, during the period beginning on July 1, 2024, and ending on September 30, 2024, sell legacy infused beverages in accordance with such waiver and the requirements set forth in section 21a-425d .

(e) Any violation of the provisions of this section shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b .
Conn. Gen. Stat. § 21a-35 — Connecticut Code / Title 21a / Chapter 417 / Section 21a-35
Sec. 21a-35. (Formerly Sec. 19-193b). Vending machine operator's license.
Status: in_force

(b) Any person desiring to obtain a vending machine operator's license shall apply to the commissioner, on forms which the commissioner shall provide, stating (1) the applicant's name and address or the name and address of each partner, in case of a partnership, or of each principal officer and director, in case of a corporation; (2) the address of the applicant's principal place of business; (3) the location of each commissary and other establishment, if any, where supplies are kept and where food or beverages are prepared; (4) the identity and form of the food or beverage to be sold or offered for sale in or supplied for vending machines; (5) the number and type of each vending machine which the applicant operates, replenishes or services; (6) a description of each motor vehicle in which the applicant transports food, beverages or supplies from a commissary to vending machines; and (7) such other information as the commissioner may require.

(c) Upon receipt of an application for a vending machine operator's license, the commissioner shall cause an investigation to be made of the applicant's commissary, servicing and transport facilities. Upon determining that the provisions of sections 21a-34 to 21a-45 , inclusive, and the regulations adopted thereunder and all applicable municipal health ordinances and state and federal laws and regulations have been complied with, the commissioner shall issue an operator's license.
Conn. Gen. Stat. § 21a-432 — Connecticut Code / Title 21a / Chapter 420l / Section 21a-432
Sec. 21a-432. Operators of youth athletic activities to make available statement re concussions. Comprehensive background checks for certain employees and volunteers.
Status: in_force

(1) “Youth athletic activity” means an organized athletic activity involving participants of not less than seven years of age, except as provided in subsections (d) to (f), inclusive, of this section, and not more than nineteen years of age, who (A) (i) engage in an organized athletic game or competition against another team, club or entity or in practice or preparation for an organized game or competition against another team, club or entity, or (ii) attend an organized athletic camp or clinic the purpose of which is to train, instruct or prepare such participants to engage in an organized athletic game or competition, and (B) (i) pay a fee to participate in such organized athletic game or competition or attend such camp or clinic, or (ii) whose cost to participate in such athletic game or competition or attend such camp or clinic is sponsored by a municipality, business or nonprofit organization. “Youth athletic activity” does not include any college or university athletic activity, or an athletic activity that is incidental to a nonathletic program or lesson; and

(2) “Operator” means any municipality, business or nonprofit organization that conducts, coordinates, organizes or otherwise oversees any youth athletic activity but shall not include any municipality, business or nonprofit organization solely providing access to, or use of, any field, court or other recreational area, whether for compensation or not.

(b) Not later than January 1, 2016, and annually thereafter, each operator of a youth athletic activity shall make available a written or electronic statement regarding concussions to each youth athlete and a parent or legal guardian of each youth athlete participating in the youth athletic activity. Such written or electronic statement shall be made available upon registration of each youth athlete and shall be consistent with the most recent information provided by the National Centers for Disease Control and Prevention regarding concussions. Such written or electronic statement shall include educational content addressing, at a minimum: (1) The recognition of signs or symptoms of a concussion, (2) the means of obtaining proper medical treatment for a person suspected of sustaining a concussion, (3) the nature and risks of concussions, including the danger of continuing to engage in youth athletic activity after sustaining a concussion, and (4) the proper procedures for allowing a youth athlete who has sustained a concussion to return to athletic activity.

(c) No operator, or designee of such operator, shall be subject to civil liability for failing to make available the written or electronic statement regarding concussions pursuant to subsection (b) of this section.

(d) Notwithstanding the provisions of subsection (a) of this section, for purposes of this subsection and subsections (e) and (f) of this section, youth athletic activity also includes an organized athletic activity involving participants less than seven years of age. On and after October 1, 2022, an operator shall require any prospective employee or volunteer, except as provided in subsection (f) of this section, who is eighteen years of age or older and applying for a position as a coach or instructor of a youth athletic activity or as an athletic trainer, licensed under chapter 375a, to submit to a comprehensive background check. The background check shall include, but not be limited to, a (1) (A) criminal history records check conducted (i) in accordance with section 29-17a , or (ii) by searching the electronic criminal record system maintained on the Internet web site of the Judicial Department for convictions matching the prospective employee's name and date of birth, (B) check of the state child abuse registry established pursuant to section 17a-101k , (C) check of the registry established and maintained pursuant to section 54-257 , and (D) search of the National Sex Offender Registry Public Website maintained by the United States Department of Justice, or (2) check by a third-party provider of national criminal history record checks that is conducted in accordance with the national industry background check standards established by the United States Olympic and Paralympic Committee. For each check of the state child abuse registry conducted pursuant to this subsection, an operator shall submit to the Department of Children and Families an authorization for the release of personal information signed by the prospective employee or volunteer. The provisions of this subsection shall not apply to an athletic coach of intramural or interscholastic athletics who is employed by a local or regional board of education, provided such board satisfies the requirements relating to state and national criminal history records checks applicable to employees of such board pursuant to section 10-221d . Pending completion of all background check components described in this subsection, a prospective employee or volunteer may begin work on a provisional basis, provided such prospective employee or volunteer is supervised at all times by an employee or volunteer who was subjected to a background check described in this subsection within the previous five years.

(e) The comprehensive background checks required pursuant to subsection (d) of this section shall be conducted at least once every five years for each coach, instructor or athletic trainer employed by or volunteering for an operator.

(f) A person who is eighteen years of age or older and applies for a position as a coach, instructor or athletic trainer for a youth athletic activity in the state shall not be required to submit to such comprehensive background checks if such person (1) is an employee or volunteer of an operator of a youth athletic activity in the state, or has not been separated from employment or volunteer position as a coach, instructor or athletic trainer for a youth athletic activity in the state for a period of more than one hundred eighty days, and (2) has successfully completed such comprehensive background checks in the previous five years. Nothing in this section prohibits an operator from requiring that a person applying for a position as a coach, instructor or athletic trainer submit to comprehensive background checks more than once during a five-year period.

(g) If the comprehensive background check conducted pursuant to subsection (d) of this section results in a finding that a person who applied for a position as a coach, instructor or athletic trainer for a youth athletic activity has been convicted in this state or any other state of a felony as defined in section 53a-25 involving the use, attempted use or threatened use of physical force against another person, of cruelty to persons under section 53-20 , injury or risk of injury to or impairing morals of children under section 53-21 , abandonment of children under the age of six years under section 53-23 , or any felony where the victim of the felony is a child under eighteen years of age, or of a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or section 53a-70 , 53a-70a , 53a-71 , 53a-72a , 53a-72b or 53a-73a , or has a criminal record in this state or any other state that the operator reasonably believes may render the person unsuitable for a position as a coach, instructor or athletic trainer for a youth athletic activity, the operator to whom the person has applied shall not employ the person or accept the person as a volunteer if, after considering (1) the nature of the crime and its relationship to the position for which the person has applied; (2) information pertaining to the degree of rehabilitation of the convicted person; and (3) the time elapsed since the conviction or release, the operator determines that such person is not suitable for the position for which such person has applied.
Conn. Gen. Stat. § 21a-243 — Connecticut Code / Title 21a / Chapter 420b / Section 21a-243
Sec. 21a-243. (Formerly Sec. 19-451). Regulations. Schedules of controlled substances.
Status: in_force

(b) The Commissioner of Consumer Protection may, so far as may be consistent with sections 21a-244 to 21a-282 , inclusive, adopt the regulations existing under the federal Controlled Substances Act and pertinent regulations existing under the federal food and drug laws and conform regulations adopted hereunder with those existing under the federal Controlled Substances Act and federal food and drug laws.

(c) The Commissioner of Consumer Protection, acting upon the advice of the Commission of Pharmacy, may by regulation designate, after investigation, as a controlled substance, a substance or chemical composition containing any quantity of a substance which has been found to have a stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and having a tendency to promote abuse or physiological or psychological dependence or both. Such substances are classifiable as amphetamine-type, barbiturate-type, cannabis-type, cocaine-type, hallucinogenic, morphine-type and other stimulant and depressant substances, and specifically exclude alcohol, caffeine and nicotine. Substances which are designated as controlled substances shall be classified in schedules I to V by regulations adopted pursuant to subsection (a) of this section.

(d) The Commissioner of Consumer Protection may by regulation change the schedule in which a substance classified as a controlled substance in schedules I to V of the controlled substance scheduling regulations is placed. On or before December 15, 1986, and annually thereafter, the commissioner shall submit a list of all such schedule changes to the chairmen and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to public health.

(e) Notwithstanding the provisions of subsections (a) to (d), inclusive, of this section, not later than January 1, 2013, the Commissioner of Consumer Protection shall submit amendments to sections 21a-243-7 and 21a-243-8 of the regulations of Connecticut state agencies to the standing legislative regulation review committee to reclassify marijuana as a controlled substance in schedule II under the Connecticut controlled substance scheduling regulations, except that for any marijuana product that has been approved by the federal Food and Drug Administration or successor agency to have a medical use and that is reclassified in any schedule of controlled substances or unscheduled by the federal Drug Enforcement Administration or successor agency, the commissioner shall adopt the schedule designated by the Drug Enforcement Administration or successor agency.

(f) A new or amended regulation under this chapter shall be adopted in accordance with the provisions of chapter 54.

(g) In the event of any inconsistency between the contents of schedules I, II, III, IV and V of the controlled substance scheduling regulations and schedules I, II, III, IV and V of the federal Controlled Substances Act, as amended, the provisions of the federal act shall prevail, except (1) when the provisions of the Connecticut controlled substance scheduling regulations place a controlled substance in a schedule with a higher numerical designation, schedule I being the highest designation, or (2) as provided in subsection (e) of this section.

(h) When a drug that is not a controlled substance in schedule I, II, III, IV or V, as designated in the Connecticut controlled substance scheduling regulations, is designated to be a controlled substance under the federal Controlled Substances Act, such drug shall be considered to be controlled at the state level in the same numerical schedule from the effective date of the federal classification. Nothing in this section shall prevent the Commissioner of Consumer Protection from designating a controlled substance differently in the Connecticut controlled substance scheduling regulations than such controlled substance is designated in the federal Controlled Substances Act, as amended from time to time.

(i) The Commissioner of Consumer Protection shall, by regulation adopted pursuant to this section, designate the following substances, by whatever official, common, usual, chemical or trade name designation, as controlled substances and classify each such substance in the appropriate schedule:

(1) 1-pentyl-3-(1-naphthoyl)indole (JWH-018);

(2) 1-butyl-3-(1-naphthoyl)indole (JWH-073);

(3) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);

(4) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497);

(5) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol; CP-47,497 C8 homologue);

(6) Salvia divinorum; and

(7) Salvinorum A.

(j) Notwithstanding the provisions of subsection (c) of this section, the Commissioner of Consumer Protection shall designate the following substances, by whatever official, common, usual, chemical or trade name designation, as controlled substances in schedule I of the controlled substances scheduling regulations:

(1) Mephedrone (4-methylmethcathinone);

(2) Synthetic cannabinoids; and

(3) MDPV (3,4-methyenedioxypyrovalerone).

Annotations to former section 19-451:

Robinson v. California , 370 U.S. 660, does not mean that states may not control use of drugs by suitable penal provisions. 28 CS 153. Cited. 30 CS 367.

Cited. 6 Conn. Cir. Ct. 567.

Annotation to present section:

Cited. 43 CA 339.
Conn. Gen. Stat. § 21a-421l — Connecticut Code / Title 21a / Chapter 420h / Section 21a-421l
Sec. 21a-421l. Policies and procedures re cultivation, processing, manufacture, security, storage, inventory and distribution of cannabis required of cannabis establishments.
Status: in_force

(1) Handling mandatory and voluntary recalls of cannabis. Such process shall be adequate to deal with recalls due to any order of the commissioner and any voluntary action by the cannabis establishment to remove defective or potentially defective cannabis from the market or any action undertaken to promote public health and safety by replacing existing cannabis with improved products or packaging;

(2) Preparing for, protecting against and handling any crisis that affects the security or operation of any facility used in the operation of a cannabis establishment in the event of a strike, fire, flood or other natural disaster, or other situations of local, state or national emergency;

(3) Ensuring that any outdated, damaged, deteriorated, misbranded or adulterated cannabis is segregated from all other inventory and destroyed. Such procedure shall provide for written documentation of the cannabis disposition; and

(4) Ensuring the oldest stock of a cannabis is sold, delivered or dispensed first. Such procedure may permit deviation from this requirement, if such deviation is temporary and approved by the commissioner.

(b) A cannabis establishment shall (1) store all cannabis in such a manner as to prevent diversion, theft or loss, (2) make cannabis accessible only to the minimum number of specifically authorized employees essential for efficient operation, and (3) return any cannabis to a secure location at the end of the scheduled business day. For the purposes of this subsection, a location shall be deemed to be secure if the location satisfies the requirements imposed in subsection (b) of section 21a-262-4 of the regulations of Connecticut state agencies for controlled substances listed in schedules III, IV and V of the Connecticut controlled substance scheduling regulations adopted pursuant to section 21a-243 .
Conn. Gen. Stat. § 21a-439 — Connecticut Code / Title 21a / Chapter 420l / Section 21a-439
Sec. 21a-439. Online dating operator. Fines, investigations and hearings. Powers of the Department and Commissioner of Consumer Protection.
Status: in_force

(b) The Commissioner of Consumer Protection, or the commissioner's designee, may conduct investigations and hold hearings on any matter under the provisions of this section, sections 21a-435 to 21a-438 , inclusive, and section 21a-440 . The commissioner, or the commissioner's designee, may issue subpoenas, administer oaths, compel testimony and order the production of books, records and documents. If any person refuses to appear, to testify or to produce any book, record or document when so ordered, upon application of the commissioner or the commissioner's designee, a judge of the Superior Court may make such order as may be appropriate to aid in the enforcement of this section.

(c) The Attorney General, at the request of the commissioner or the commissioner's designee, may apply in the name of the state to the Superior Court for an order temporarily or permanently restraining and enjoining any person from violating any provision of this section, sections 21a-435 to 21a-438 , inclusive, and section 21a-440 .
Conn. Gen. Stat. § 21a-376 — Connecticut Code / Title 21a / Chapter 420d / Section 21a-376
Sec. 21a-376. Child restraint systems. Requirements.
Status: in_force

(b) The Commissioner of Consumer Protection may (1) detain or embargo any child restraint system which does not conform to the requirements of 49 CFR Part 571.213 and (2) order repurchase of any child restraint system which does not conform to such requirements.

(c) In addition to any other remedies at law, the commissioner may apply to the Superior Court for, and the court shall have jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction restraining any person from violating subsection (a) of this section.
Conn. Gen. Stat. § 21a-79b — Connecticut Code / Title 21a / Chapter 417 / Section 21a-79b
Sec. 21a-79b. Consumer commodity. Price at point of sale higher than posted or advertised price. Sign. Coupon. Warning citation or civil penalty. Exemptions.
Status: in_force

(b) (1) Notwithstanding the provisions of section 21a-79 , and except as provided in subdivision (2) of this subsection, if a retailer offers to a consumer a consumer commodity, including, but not limited to, any fruit or vegetable weighed at the point of sale, and the price of the consumer commodity to the consumer at the point of sale is greater than the advertised or posted retail price for such consumer commodity, such retailer shall give such consumer commodity to such consumer, at no cost to such consumer, if the value of such consumer commodity is not more than twenty dollars. Retailers shall post a sign, in a conspicuous location, which adequately discloses to consumers that in the event the retail price of a consumer commodity is greater than the advertised or posted retail price for the consumer commodity, the retailer shall give such consumer commodity to the consumer at no cost to the consumer.

(2) The provisions of subdivision (1) of this subsection shall not apply to a retailer if the retailer (A) improperly fails to redeem a digital or paper coupon which, if properly redeemed, would reduce the price of a consumer commodity, or (B) fails to remove a sign adjoining a consumer commodity and disclosing a time-limited reduced price for the consumer commodity after the time period specified for such reduced price has expired.

(c) Notwithstanding the provisions of section 21-79 and except as provided in subsection (b) of this section, if a consumer presents a digital or paper coupon which, if properly redeemed, would reduce the price of a consumer commodity, including, but not limited to, any fruit or vegetable weighed at the point of sale, and the retailer fails to properly redeem such coupon, such retailer shall provide to the consumer a refund in an amount that is equal to the value of such coupon. If a retailer offers a consumer commodity, including, but not limited to, any fruit or vegetable weighed at the point of sale, for sale at a reduced price for a specified time period, and a sign disclosing such reduced price remains adjacent to the consumer commodity after expiration of such time period, the retailer shall only require a consumer to pay the reduced price disclosed in such sign for such consumer commodity.

(d) The Commissioner of Consumer Protection, after providing notice and conducting a hearing in accordance with the provisions of chapter 54, may issue a warning citation to, or impose a civil penalty of not more than one hundred dollars for the first offense and not more than five hundred dollars for each subsequent offense on, any person who, or association, corporation, firm or partnership that, violates any provision of subsection (b) or (c) of this section. Each violation with respect to all units of a particular consumer commodity on any single day shall be deemed a single offense.

(e) The provisions of this section do not apply to any person, association, corporation, firm or partnership operating in a retail sales area of not more than one thousand five hundred square feet.
Conn. Gen. Stat. § 21a-70b — Connecticut Code / Title 21a / Chapter 417 / Section 21a-70b
Sec. 21a-70b. Regulation of sales of drugs at flea markets.
Status: in_force

(1) “Flea market” means any location other than a permanent retail store at which space is rented or otherwise made available to others for the conduct of business as transient or itinerant vendors, but does not include the location of (A) any sale by sample, catalog or brochure for future delivery, or (B) any sale or sales presentation pursuant to a prior invitation issued by the owner or legal occupant of the premises; and

(2) “Manufacturer's or distributor's representative” means any person authorized by a manufacturer or distributor of any drug, as defined in section 21a-92 , to offer or sell any such product to the public at retail.

(b) No person, except a manufacturer's or distributor's representative, shall sell, offer for sale or knowingly permit the sale of any drug, as defined in section 21a-92 , at any flea market.

(c) Any manufacturer's or distributor's representative, when selling or offering for sale any drug, as defined in section 21a-92 , at any flea market shall carry on such representative's person written credentials indicating that such manufacturer's or distributor's representative is authorized by the manufacturer or distributor of such drug to engage in the retail sale of such drug to the public. Such credentials shall be made available for inspection by any interested person upon the request of such person. Such credentials shall include the name of the manufacturer's or distributor's representative and may include the date, if any, on which such credentials expire.

(d) No person shall present credentials required under subsection (c) of this section that are false, misleading or fraudulently obtained.

(e) The Commissioner of Consumer Protection may adopt regulations, in accordance with the provisions of chapter 54, to carry out the provisions of this section.

(f) Any person who violates any provision of this section, or any regulation adopted under this section, shall be fined not more than one hundred dollars.
Conn. Gen. Stat. § 21-67a — Connecticut Code / Title 21 / Chapter 412 / Section 21-67a
Sec. 21-67a. Filing of documents re mobile manufactured homes and mobile manufactured home parks.
Status: in_force

(b) Evidence of ownership. Any person owning a mobile manufactured home on or after October 1, 1986, shall file with the town clerk of the municipality in which the mobile manufactured home is located a certificate of title, bill of sale or other document evidencing the person's ownership of the mobile manufactured home. On or after October 1, 1986, any person holding a security interest in any such mobile manufactured home may file the security interest for recording in the land records of the municipality in which the mobile manufactured home is located.

(c) Conveyance requirements. On or after October 1, 1986, conveyances of title of mobile manufactured homes in mobile manufactured home parks licensed under this chapter or located on single-family lots owned by a person other than the homeowner shall comply with the following requirements: (1) The document conveying the title shall contain (A) a description of the mobile manufactured home, setting forth the name of the manufacturer, the model number, the serial number and all encumbrances on the home, (B) the name and address of the mobile manufactured home park in which the home is located, including lot number, if any, within the park, or for those homes not situated in mobile manufactured home parks, the name and address of the individual owning the lot on which the home is located and the address of the lot, and (C) the amount due and owing, if any, for property taxes to the municipality in which the mobile manufactured home is located; (2) the document conveying title shall be filed in the town clerk's office of the municipality in which the home is located for recording on the land records; and (3) any taxes imposed as provided in subsection (b) of section 12-412c which have become due shall have been paid in full. No purchaser of a mobile manufactured home shall be entitled to assume the tenancy or rental agreement of the seller in a mobile manufactured home park until such purchaser has complied with subdivisions (2) and (3) of this subsection.

(d) Document transferring title. Any document transferring title to a mobile manufactured home located in a mobile manufactured home park or on a single-family lot, when duly executed and recorded in accordance with subsection (c) of this section, shall have the force and effect of the equivalent statutory form deed as provided for in section 47-36c .

(e) Document creating encumbrance. On or after October 1, 1986, any public documents purporting to create an encumbrance upon a mobile manufactured home, including, but not limited to, a mortgage, a security interest, a chattel mortgage or an attachment, shall be recorded in the town clerk's office of the municipality in which the home is located. The filing of any document on said land records evidencing the encumbrance and used to perfect the encumbrance under Connecticut's Uniform Commercial Code, shall be deemed compliance with subsection (b) of this section. Failure to comply with this section shall not in any way affect any security rights of the secured party in the mobile manufactured home, except that any document creating an encumbrance upon a mobile manufactured home after October 1, 1993, shall not be perfected under Connecticut's Uniform Commercial Code until the document has been recorded in the town clerk's office of the municipality in which the home was located.

(f) Removal statement. Any owner of a mobile manufactured home located in a mobile manufactured home park or on a single-family lot who desires to remove such home from the park or lot in or on which it has been situated shall file for recording with the town clerk of said municipality a certificate substantially in the following form:

MOBILE MANUFACTURED HOME REMOVAL STATEMENT

.... of ...., owner of (description of mobile manufactured housing being removed, containing name of manufacturer, model and serial number) which has the following encumbrances, .... and which mobile manufactured home has been situated at (name of park, if any, street address, town/city) hereby intends to remove said mobile manufactured home from (address) .... to the following location: ....
Conn. Gen. Stat. § 21a-267 — Connecticut Code / Title 21a / Chapter 420b / Section 21a-267
Sec. 21a-267. (Formerly Sec. 19-472a). Penalty for use, possession or delivery of drug paraphernalia associated with a controlled substance other than cannabis. Immunity.
Status: in_force

(b) No person shall deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal, or to ingest, inhale or otherwise introduce into the human body, any controlled substance, other than cannabis. Any person who violates any provision of this subsection shall be guilty of a class A misdemeanor.

(c) Any person who violates subsection (a) or (b) of this section (1) with intent to commit such violation at a specific location that the trier of fact determines is (A) in or on the real property comprising a public or private elementary or secondary school, or (B) within two hundred feet of the perimeter of the real property comprising a public or private elementary or secondary school, and (2) who is not enrolled as a student in such school shall be imprisoned for a term of one year which shall not be suspended and shall be in addition and consecutive to any term of imprisonment imposed for violation of subsection (a) or (b) of this section.

(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 use or possession of drug paraphernalia in violation of said subsection 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) For purposes of this section, “cannabis” has the same meaning as provided in section 21a-240 .

See Sec. 21a-270 re factors considered in considering materials to be drug paraphernalia.

See Sec. 21a-283a re authority of court to depart from prescribed mandatory minimum sentence.

Cited. 207 C. 35; 212 C. 223; 216 C. 185; 219 C. 557; 224 C. 494; 230 C. 372; 239 C. 235. Holdings in 182 C. 142 and 221 C. 595 that Sec. 21a-278(b) creates exception for drug-dependent persons within meaning of section upheld; holding in 221 C. 595 that defendant must prove exception of drug dependency by a preponderance of the evidence upheld; requirement that defendant prove drug dependency by a preponderance of the evidence is not unconstitutional. 290 C. 24; judgment superseded, see Id., 602.

Cited. 9 CA 667; 10 CA 347; Id., 532; 11 CA 47; 12 CA 225; 13 CA 288; 14 CA 356; 17 CA 556; Id., 635; 20 CA 183; Id., 321; 22 CA 40; judgment reversed, see 219 C. 577; Id., 431; 23 CA 123; 26 CA 553; 28 CA 575; 29 CA 694; 31 CA 443; 32 CA 267; 39 CA 369; 43 CA 339.

Subsec. (c):

Testimony that conduct occurred within 1,500 feet of a “public school” was insufficient to support finding that conduct occurred within 1,500 feet of “an elementary or secondary school” because there are public schools that are neither elementary nor secondary schools. 113 CA 731; judgment reversed, see 303 C. 760.
Conn. Gen. Stat. § 21a-240 — Connecticut Code / Title 21a / Chapter 420b / Section 21a-240
Sec. 21a-240. (Formerly Sec. 19-443). Definitions.
Status: repealed

(1) “Abuse of drugs” means the use of controlled substances solely for their stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and not as a therapeutic agent prescribed in the course of medical treatment or in a program of research operated under the direction of a physician or pharmacologist.

(2) “Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by: (A) A practitioner, or, in the practitioner's presence, by the practitioner's authorized agent; (B) the patient or research subject at the direction and in the presence of the practitioner; or (C) a nurse or intern under the direction and supervision of a practitioner.

(3) “Agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, dispenser or prescribing practitioner, but does not include a common or contract carrier, public warehouseman or employee of the carrier or warehouseman.

(4) “Amphetamine-type substances” include amphetamine, optical isomers thereof, salts of amphetamine and its isomers, and chemical compounds which are similar thereto in chemical structure or which are similar thereto in physiological effect, and which show a like potential for abuse, which are controlled substances under this chapter unless modified.

(5) “Barbiturate-type drugs” include barbituric acid and its salts, derivatives thereof and chemical compounds which are similar thereto in chemical structure or which are similar thereto in physiological effect, and which show a like potential for abuse, which are controlled substances under this chapter unless modified.

(6) “Bureau” means the Bureau of Narcotics and Dangerous Drugs, United States Department of Justice, or its successor agency.

(7) “Cannabis-type substances” include all parts of any plant, or species of the genus cannabis or any infra specific taxon thereof whether growing or not; the resin extracted from any part of such a plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, or its resin; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil or cake, the seed of such plant, or hemp, as defined in 7 USC 1639o, as amended from time to time. Included are cannabinon, cannabinol, cannabidiol and chemical compounds which are similar to cannabinon, cannabinol or cannabidiol in chemical structure or which are similar thereto in physiological effect, and which show a like potential for abuse, which are controlled substances under this chapter unless derived from hemp, as defined in section 22-61 l .

(8) “Controlled drugs” are those drugs which contain any quantity of a substance which has been designated as subject to the federal Controlled Substances Act, or which has been designated as a depressant or stimulant drug pursuant to federal food and drug laws, or which has been designated by the Commissioner of Consumer Protection pursuant to section 21a-243 , as having a stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and as having a tendency to promote abuse or psychological or physiological dependence, or both. Such controlled drugs are classifiable as amphetamine-type, barbiturate-type, cannabis-type, cocaine-type, hallucinogenic, morphine-type and other stimulant and depressant drugs. Specifically excluded from controlled drugs and controlled substances are alcohol, nicotine and caffeine.

(9) “Controlled substance” means a drug, substance or immediate precursor in schedules I to V, inclusive, of the Connecticut controlled substance scheduling regulations adopted pursuant to section 21a-243 .

(10) “Counterfeit substance” means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed the substance.

(11) “Deliver or delivery” means the actual, constructive or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.

(12) “Dentist” means a person authorized by law to practice dentistry in this state.

(13) “Dispense” means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling or compounding necessary to prepare the substance for the delivery.

(14) “Dispenser” means a practitioner who dispenses.

(15) “Distribute” means to deliver other than by administering or dispensing a controlled substance.

(16) “Distributor” means a person who distributes and includes a wholesaler who is a person supplying or distributing controlled drugs which the person personally has not produced or prepared to hospitals, clinics, practitioners, pharmacies, other wholesalers, manufacturers and federal, state and municipal agencies.

(17) “Drug” means: (A) Substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; (B) substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals; (C) substances, other than food, intended to affect the structure or any function of the body of man or animals; and (D) substances intended for use as a component of any article specified in subparagraph (A), (B) or (C) of this subdivision. “Drug” does not include devices or their components, parts or accessories.

(18) “Drug dependence” means a psychoactive substance dependence on drugs as that condition is defined in the most recent edition of the “Diagnostic and Statistical Manual of Mental Disorders” of the American Psychiatric Association.

(19) “Drug-dependent person” means a person who has a psychoactive substance dependence on drugs as that condition is defined in the most recent edition of the “Diagnostic and Statistical Manual of Mental Disorders” of the American Psychiatric Association.

(20) (A) “Drug paraphernalia” means equipment, products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing or concealing, or ingesting, inhaling or otherwise introducing into the human body, any controlled substance contrary to the provisions of this chapter, including, but not limited to: (i) Kits intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant that is a controlled substance or from which a controlled substance can be derived; (ii) kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances; (iii) isomerization devices used or intended for use in increasing the potency of any species of plant that is a controlled substance; (iv) testing equipment used, intended for use or designed for use in identifying or analyzing the strength, effectiveness or purity of controlled substances; (v) dilutents and adulterants, including, but not limited to, quinine hydrochloride, mannitol, mannite, dextrose and lactose used, intended for use or designed for use in cutting controlled substances; (vi) separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana; (vii) capsules and other containers used, intended for use or designed for use in packaging small quantities of controlled substances; (viii) containers and other objects used, intended for use or designed for use in storing or concealing controlled substances; and (ix) objects used, intended for use or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, including, but not limited to, wooden, acrylic, glass, stone, plastic or ceramic pipes with screens, permanent screens, hashish heads or punctured metal bowls; water pipes; carburetion tubes and devices; smoking and carburetion masks; roach clips; miniature cocaine spoons and cocaine vials; chamber pipes; carburetor pipes; electric pipes; air-driven pipes; chillums; bongs; ice pipes and chillers. “Drug paraphernalia” does not include a product used by a manufacturer licensed pursuant to this chapter for the activities permitted under the license or by an individual to test any substance prior to injection, inhalation or ingestion of the substance to prevent accidental overdose by injection, inhalation or ingestion of the substance, provided the licensed manufacturer or individual is not using the product to engage in the unlicensed manufacturing or distribution of controlled substances. As used in this subdivision, “roach clip” means an object used to hold burning material, including, but not limited to, a marijuana cigarette, that has become too small or too short to be held between the fingers.

(B) “Factory” means any place used for the manufacturing, mixing, compounding, refining, processing, packaging, distributing, storing, keeping, holding, administering or assembling illegal substances contrary to the provisions of this chapter, or any building, rooms or location which contains equipment or paraphernalia used for this purpose.

(21) “Federal Controlled Substances Act, 21 USC 801 et seq.” means Public Law 91-513, the Comprehensive Drug Abuse Prevention and Control Act of 1970.

(22) “Federal food and drug laws” means the federal Food, Drug and Cosmetic Act, as amended, Title 21 USC 301 et seq.

(23) “Hallucinogenic substances” are psychodysleptic substances, other than cannabis-type substances, which assert a confusional or disorganizing effect upon mental processes or behavior and mimic acute psychotic disturbances. Exemplary of such drugs are mescaline, peyote, psilocyn and d-lysergic acid diethylamide, which are controlled substances under this chapter unless modified.

(24) “Hospital”, as used in sections 21a-243 to 21a-283 , inclusive, means an institution for the care and treatment of the sick and injured, approved by the Department of Public Health or the Department of Mental Health and Addiction Services as proper to be entrusted with the custody of controlled drugs and substances and professional use of controlled drugs and substances under the direction of a licensed practitioner.

(25) “Intern” means a person who holds a degree of doctor of medicine or doctor of dental surgery or medicine and whose period of service has been recorded with the Department of Public Health and who has been accepted and is participating in training by a hospital or institution in this state. Doctors meeting the foregoing requirements and commonly designated as “residents” and “fellows” shall be regarded as interns for purposes of this chapter.

(26) “Immediate precursor” means a substance which the Commissioner of Consumer Protection has found to be, and by regulation designates as being, the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used, in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail or limit manufacture.

(27) “Laboratory” means a laboratory approved by the Department of Consumer Protection as proper to be entrusted with the custody of controlled substances and the use of controlled substances for scientific and medical purposes and for purposes of instruction, research or analysis.

(28) “Manufacture” means the production, preparation, cultivation, growing, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance by an individual for the individual's own use or the preparation, compounding, packaging or labeling of a controlled substance: (A) By a practitioner as an incident to the practitioner administering or dispensing of a controlled substance in the course of such practitioner's professional practice; or (B) by a practitioner, or by the practitioner's authorized agent under such practitioner's supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale.

(29) “Marijuana” means all parts of any plant, or species of the genus cannabis or any infra specific taxon thereof, whether growing or not; the resin extracted from any part of the plant; every compound, manufacture, salt, derivative, mixture or preparation of such plant, or its resin; any high-THC hemp product; manufactured cannabinoids; or cannabinon, cannabinol or cannabidiol and chemical compounds which are similar to cannabinon, cannabinol or cannabidiol in chemical structure or which are similar thereto in physiological effect, which are controlled substances under this chapter, except cannabidiol derived from hemp, as defined in section 22-61 l , that is not a high-THC hemp product. “Marijuana” does not include: (A) The mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks, except the resin extracted from such mature stalks or fiber, oil or cake; (B) the seed of such plant; (C) hemp, as defined in section 22-61 l , (i) with a total THC concentration of not more than three-tenths per cent on a dry-weight basis, and (ii) that is not a high-THC hemp product; (D) any substance approved by the federal Food and Drug Administration or successor agency as a drug and reclassified in any schedule of controlled substances or unscheduled by the federal Drug Enforcement Administration or successor agency which is included in the same schedule designated by the federal Drug Enforcement Administration or successor agency; or (E) infused beverages, as defined in section 21a-425 .

(30) “Narcotic substance” means any of the following, whether produced directly or indirectly by extraction from a substance of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (A) Morphine-type: (i) Opium or opiate, or any salt, compound, derivative, or preparation of opium or opiate which is similar to any such substance in chemical structure or which is similar to any such substance in physiological effect and which shows a like potential for abuse, which is a controlled substance under this chapter unless modified; (ii) any salt, compound, isomer, derivative, or preparation of any such substance which is chemically equivalent or identical to any substance referred to in clause (i) of this subparagraph, but not including the isoquinoline alkaloids of opium; (iii) opium poppy or poppy straw; or (iv) (I) fentanyl or any salt, compound, derivative or preparation of fentanyl which is similar to any such substance in chemical structure or which is similar to any such substance in physiological effect and which shows a like potential for abuse, which is a controlled substance under this chapter unless modified, or (II) any salt, compound, isomer, derivative or preparation of any such substance which is chemically equivalent or identical to any substance referred to in subclause (I) of this clause; or (B) cocaine-type; coca leaves or any salt, compound, derivative or preparation of coca leaves, or any salt, compound, isomer, derivatives or preparation of any such substance which is chemically equivalent or identical to any such substance or which is similar to any such substance in physiological effect and which shows a like potential for abuse, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine.

(31) “Nurse” means a person performing nursing as defined in section 20-87a .

(32) “Official written order” means an order for controlled substances written on a form provided by the bureau for that purpose under the federal Controlled Substances Act.

(33) “Opiate” means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability; it does not include, unless specifically designated as controlled under this chapter, the dextrorotatory isomer of 3-methoxy-n-methylmorthinan and its salts (dextro-methorphan) but shall include its racemic and levorotatory forms.

(34) “Opium poppy” means the plant of the species papaver somniferum l., except its seed.

(35) Repealed by P.A. 99-102, S. 51.

(36) “Other stimulant and depressant drugs” means controlled substances other than amphetamine-type, barbiturate-type, cannabis-type, cocaine-type, hallucinogenics and morphine-type which are found to exert a stimulant and depressant effect upon the higher functions of the central nervous system and which are found to have a potential for abuse and are controlled substances under this chapter.

(37) “Person” includes any corporation, limited liability company, association or partnership, or one or more individuals, government or governmental subdivisions or agency, business trust, estate, trust, or any other legal entity. Words importing the plural number may include the singular; words importing the masculine gender may be applied to females.

(38) “Pharmacist” means a person authorized by law to practice pharmacy pursuant to section 20-590 , 20-591 , 20-592 or 20-593 .

(39) “Pharmacy” means an establishment licensed pursuant to section 20-594 .

(40) “Physician” means a person authorized by law to practice medicine in this state pursuant to section 20-9 .

(41) “Podiatrist” means a person authorized by law to practice podiatry in this state.

(42) “Poppy straw” means all parts, except the seeds, of the opium poppy, after mowing.

(43) “Practitioner” means: (A) A physician, dentist, veterinarian, podiatrist, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state; and (B) a pharmacy, hospital or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.

(44) “Prescribe” means order or designate a remedy or any preparation containing controlled substances.

(45) “Prescription” means a written, oral or electronic order for any controlled substance or preparation from a licensed practitioner to a pharmacist for a patient.

(46) “Production” includes the manufacture, planting, cultivation, growing or harvesting of a controlled substance.

(47) “Registrant” means any person licensed by this state and assigned a current federal Bureau of Narcotics and Dangerous Drug Registry Number as provided under the federal Controlled Substances Act.

(48) “Registry number” means the alphabetical or numerical designation of identification assigned to a person by the federal Drug Enforcement Administration, or other federal agency, which is commonly known as the federal registry number.

(49) “Restricted drugs or substances” are the following substances without limitation and for all purposes: Datura stramonium; hyoscyamus niger; atropa belladonna, or the alkaloids atropine; hyoscyamine; belladonnine; apatropine; or any mixture of these alkaloids such as daturine, or the synthetic homatropine or any salts of these alkaloids, except that any drug or preparation containing any of the above-mentioned substances which is permitted by federal food and drug laws to be sold or dispensed without a prescription or written order shall not be a controlled substance; amyl nitrite; the following volatile substances to the extent that said chemical substances or compounds containing said chemical substances are sold, prescribed, dispensed, compounded, possessed or controlled or delivered or administered to another person with the purpose that said chemical substances shall be breathed, inhaled, sniffed or drunk to induce a stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system: Acetone; benzene; butyl alcohol; butyl nitrate and its salts, isomers, esters, ethers or their salts; cyclohexanone; dichlorodifluoromethane; ether; ethyl acetate; formaldehyde; hexane; isopropanol; methanol; methyl cellosolve acetate; methyl ethyl ketone; methyl isobutyl ketone; nitrous oxide; pentochlorophenol; toluene; toluol; trichloroethane; trichloroethylene; 1,4 butanediol.

(50) “Sale” is any form of delivery which includes barter, exchange or gift, or offer therefor, and each such transaction made by any person whether as principal, proprietor, agent, servant or employee.

(51) “State”, when applied to a part of the United States, includes any state, district, commonwealth, territory or insular possession thereof, and any area subject to the legal authority of the United States of America.

(52) “State food, drug and cosmetic laws” means the Uniform Food, Drug and Cosmetic Act, section 21a-91 et seq.

(53) “Ultimate user” means a person who lawfully possesses a controlled substance for the person's own use or for the use of a member of such person's household or for administering to an animal owned by such person or by a member of such person's household.

(54) “Veterinarian” means a person authorized by law to practice veterinary medicine in this state.

(55) “Wholesaler” means a distributor or a person who supplies controlled substances that the person personally has not produced or prepared to registrants.

(56) “Reasonable times” means the time or times any office, care-giving institution, pharmacy, clinic, wholesaler, manufacturer, laboratory, warehouse, establishment, store or place of business, vehicle or other place is open for the normal affairs or business or the practice activities usually conducted by the registrant.

(57) “Unit dose drug distribution system” means a drug distribution system used in a hospital or chronic and convalescent nursing home in which drugs are supplied in individually labeled unit of use packages, each patient's supply of drugs is exchanged between the hospital pharmacy and the drug administration area or, in the case of a chronic and convalescent nursing home between a pharmacy and the drug administration area, at least once each twenty-four hours and each patient's medication supply for this period is stored within a patient-specific container, all of which is conducted under the direction of a pharmacist licensed in Connecticut and, in the case of a hospital, directly involved in the provision and supervision of pharmaceutical services at such hospital at least thirty-five hours each week.

(58) “Cocaine in a free-base form” means any substance which contains cocaine, or any compound, isomer, derivative or preparation thereof, in a nonsalt form.

(59) “THC” means tetrahydrocannabinol, including, but not limited to, delta-7, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol and delta-10-tetrahydrocannabinol, and any material, compound, mixture or preparation which contain their salts, isomers and salts of isomers, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation, regardless of the source, except: (A) Dronabinol substituted in sesame oil and encapsulated in a soft gelatin capsule in a federal Food and Drug Administration or successor agency approved product; or (B) any tetrahydrocannabinol product that has been approved by the federal Food and Drug Administration or successor agency to have a medical use and reclassified in any schedule of controlled substances or unscheduled by the federal Drug Enforcement Administration or successor agency.

(60) “Total THC” means the sum of the percentage by weight of tetrahydrocannabinolic acid, multiplied by eight hundred seventy-seven-thousandths, plus the percentage of weight of THC.

(61) “Manufactured cannabinoid” means cannabinoids created by directly converting one cannabinoid to a different cannabinoid through: (A) Application of light or heat; (B) decarboxylation of naturally occurring acidic forms of cannabinoids; or (C) an alternate extraction or conversion process approved by the Department of Consumer Protection and published on the department's Internet web site.

(62) “Synthetic cannabinoid” (A) means any substance converted, by a chemical process, to create a cannabinoid or cannabinoid-like substance that (i) has structural features which allow interaction with at least one of the known cannabinoid-specific receptors, or (ii) has any physiological or psychotropic response on at least one cannabinoid-specific receptor, (B) includes, but is not limited to, hexahydrocannabinol (HHC and HXC) and hydrox4phc (PHC), and (C) does not include any manufactured cannabinoid.

(63) “High-THC hemp product” (A) prior to October 1, 2024, means a manufacturer hemp product, as defined in section 22-61 l , that has, or is advertised, labeled or offered for sale as having, total THC that exceeds: (i) For a hemp edible, hemp topical or hemp transdermal patch (I) one milligram on a per-serving basis, or (II) five milligrams on a per-container basis; (ii) for a hemp tincture, including, but not limited to, oil intended for ingestion by swallowing, buccal administration or sublingual absorption, (I) one milligram on a per-serving basis, or (II) twenty-five milligrams on a per-container basis; (iii) for a hemp concentrate or extract, including, but not limited to, a vape oil, wax or shatter, twenty-five milligrams on a per-container basis; or (iv) for a manufacturer hemp product not described in subparagraph (A)(i), (A)(ii) or (A)(iii) of this subdivision, (I) one milligram on a per-serving basis, (II) five milligrams on a per-container basis, or (III) three-tenths per cent on a dry-weight basis for cannabis flower or cannabis trim, (B) on and after October 1, 2024, means a manufacturer hemp product, as defined in section 22-61 l , that has, or is advertised, labeled or offered for sale as having, total THC that exceeds (i) one milligram per serving with up to five milligrams per-container, or (ii) three-tenths per cent on a dry-weight basis for cannabis flower or cannabis trim, and (C) does not include an infused beverage, as defined in section 21a-425 . As used in this subdivision, “container” means an object that is offered, intended for sale or sold to a consumer and directly contains a high-THC hemp product, and does not include an object or packaging that indirectly contains, or contains in bulk for transportation purposes, a high-THC hemp product.

Annotations to former section 19-443:

Cited. 163 C. 62. Subdiv. (50): Applied to prosecution under Sec. 19-480(a). 166 C. 569. Cited. 169 C. 416; 172 C. 593; 178 C. 704; 181 C. 562; 197 C. 67.

Cited. 30 CS 267; 31 CS 130; 32 CS 324; 33 CS 186.

Marijuana is a cannabis-type drug within the prohibition of chapter; marijuana is within the definition of controlled drugs in section; “narcotics” as used in state and federal legislation is a legal not scientific term. 5 Conn. Cir. Ct. 134.

Annotations to present section:

Cited. 197 C. 644; 198 C. 111; 203 C. 641; 212 C. 223; 221 C. 595; 226 C. 514; 227 C. 456; 228 C. 281; 233 C. 174.

Cited. 12 CA 225; Id., 274; 13 CA 288; Id., 299; 28 CA 575; 38 CA 815; 43 CA 339.

Subdiv. (19):

Legislature, in redefining “drug-dependent person”, did not intend to classify all individuals who are medically dependent on prescribed narcotics as drug dependent persons. 77 CA 393.

Subdiv. (20):

Language in Subpara. (A) clearly not intended as an exhaustive or exclusive list. 51 CA 126.

Subdiv. (50):

Plain meaning of definition encompasses every instance in which defendant offers to, or does in fact, “barter, exchange or gift” narcotics to another. 308 C. 43.

Cited. 3 CA 339; 8 CA 469; 23 CA 667; 24 CA 543; Id., 642; 37 CA 156; 38 CA 621; 39 CA 110. Although statutory definition of “sale” is substantially broader than common dictionary definition, court concluded that term was being used, in specific instance in the case, in its ordinary meaning. 87 CA 24.
Conn. Gen. Stat. § 21-44 — Connecticut Code / Title 21 / Chapter 409 / Section 21-44
Sec. 21-44. Rates of interest.
Status: in_force

Pawnbroker does not violate section until he actually receives the unlawful interest. 63 C. 385. Discrimination in rate of interest allowed pawnbrokers is proper. 82 C. 234; 83 C. 1; 218 U.S. 5; Id., 563. Cited. 120 C. 664; 123 C. 95. Applies to repurchase transactions. 201 C. 89. Section governs rates of interest and not rates pawnbrokers may charge in connection with repurchase agreements; the latter rates are subject to limits imposed by Sec. 37-4; holding in 201 C. 89 legislatively overruled by enactment of P.A. 97-164. 313 C. 535.
Conn. Gen. Stat. § 21a-422a — Connecticut Code / Title 21a / Chapter 420h / Section 21a-422a
Sec. 21a-422a. Cannabinoid metabolites in bodily fluids: Denial of medical care; actions or proceedings by the Department of Children and Families.
Status: in_force

(1) With respect to a patient, shall not constitute the use of an illicit substance resulting in denial of medical care, including organ transplantation, and a patient's use of cannabis products may only be considered with respect to evidence-based clinical criteria; and

(2) With respect to a parent or legal guardian of a child or newborn infant, or a pregnant woman, shall not form the sole or primary basis for any action or proceeding by the Department of Children and Families, or any successor agencies provided, nothing in this subdivision shall preclude any action or proceeding by such department based on harm or risk of harm to a child or the use of information on the presence of cannabinoid metabolites in the bodily fluids of any person in any action or proceeding.
Conn. Gen. Stat. § 21a-421j — Connecticut Code / Title 21a / Chapter 420h / Section 21a-421j
Sec. 21a-421j. Regulations required to implement RERACA. Policies and procedures.
Status: in_force

(b) The commissioner shall adopt regulations in accordance with chapter 54 to implement the provisions of RERACA. Notwithstanding the requirements of sections 4-168 to 4-172 , inclusive, in order to effectuate the purposes of RERACA and protect public health and safety, prior to adopting such regulations the commissioner shall issue policies and procedures to implement the provisions of RERACA that shall have the force and effect of law. The commissioner shall post all policies and procedures on the department's Internet web site and submit such policies and procedures to the Secretary of the State for posting on the eRegulations System, at least fifteen days prior to the effective date of any policy or procedure. The commissioner shall also provide such policies and procedures, in a manner prescribed by the commissioner, to each licensee. Any such policy or procedure shall no longer be effective upon the earlier of either the adoption of the policy or procedure as a final regulation under section 4-172 or forty-eight months from June 22, 2021, if such regulations have not been submitted to the legislative regulation review committee for consideration under section 4-170 . The commissioner shall issue policies and procedures and thereafter final regulations that include, but are not limited to, the following:

(1) Setting appropriate dosage, potency, concentration and serving size limits and delineation requirements for cannabis, provided a standardized serving of edible cannabis product or beverage, other than a medical marijuana product, shall contain not more than five milligrams of THC.

(2) Requiring that each single standardized serving of cannabis product in a multiple-serving edible product or beverage is physically demarked in a way that enables a reasonable person to determine how much of the product constitutes a single serving and a maximum amount of THC per multiple-serving edible cannabis product or beverage.

(3) Requiring that, if it is impracticable to clearly demark every standardized serving of cannabis product or to make each standardized serving easily separable in an edible cannabis product or beverage, the product, other than cannabis concentrate or medical marijuana product, shall contain not more than five milligrams of THC per unit of sale.

(4) Establishing, in consultation with the Department of Mental Health and Addiction Services, consumer health materials that shall be posted or distributed, as specified by the commissioner, by cannabis establishments to maximize dissemination to cannabis consumers. Consumer health materials may include pamphlets, packaging inserts, signage, online and printed advertisements and advisories and printed health materials.

(5) Imposing labeling and packaging requirements for cannabis sold by a cannabis establishment that include, but are not limited to, the following:

(A) Inclusion of universal symbols to indicate that cannabis, or a cannabis product, contains THC and is not legal or safe for individuals younger than twenty-one years of age, and prescribe how such product and product packaging shall utilize and exhibit such symbols.

(B) A disclosure concerning the length of time it typically takes for the cannabis to affect an individual, including that certain forms of cannabis take longer to have an effect.

(C) A notation of the amount of cannabis the cannabis product is considered the equivalent to.

(D) A list of ingredients and all additives for cannabis.

(E) Except as provided in subdivision (3) of subsection (f) of section 21a-420p , child-resistant, tamper-resistant and light-resistant packaging. For the purposes of this subparagraph, packaging shall be deemed to be (i) child-resistant if the packaging satisfies the standard for special packaging established in 16 CFR 1700.1(b)(4), as amended from time to time, (ii) tamper-resistant if the packaging has at least one barrier to, or indicator of, entry that would preclude the contents of such packaging from being accessed or adulterated without indicating to a reasonable person that such packaging has been breached, and (iii) light-resistant if the packaging is entirely and uniformly opaque and protects the entirety of the contents of such packaging from the effects of light.

(F) Except as provided in subdivision (3) of subsection (f) of section 21a-420p , (i) packaging for cannabis intended for multiple servings to be resealable in such a manner so as to render such packaging continuously child-resistant, as described in subparagraph (E)(i) of this subdivision, and preserve the integrity of the contents of such packaging, and (ii) if packaging for cannabis intended for multiple servings contains any edible cannabis product, for each single standardized serving to be easily discernible and (I) individually wrapped, or (II) physically demarked and delineated as required under this subsection.

(G) Impervious packaging that protects the contents of such packaging from contamination and exposure to any toxic or harmful substance, including, but not limited to, any glue or other adhesive or substance that is incorporated in such packaging.

(H) Product tracking information sufficient to determine where and when the cannabis was grown and manufactured such that a product recall could be effectuated.

(I) A net weight statement.

(J) A recommended use by or expiration date.

(K) Standard and uniform packaging and labeling, including, but not limited to, requirements (i) regarding branding or logos, (ii) that all packaging be opaque, and (iii) that amounts and concentrations of THC and cannabidiol, per serving and per package, be clearly marked on the packaging or label of any cannabis product sold.

(L) For any cannabis concentrate cannabis product that contains a total THC percentage greater than thirty per cent, a warning that such cannabis product is a high-potency product and may increase the risk of psychosis.

(M) Chemotypes, which shall be displayed as (i) “High THC, Low CBD” where the ratio of THC to CBD is greater than five to one and the total THC percentage is at least fifteen per cent, (ii) “Moderate THC, Moderate CBD” where the ratio of THC to CBD is at least one to five but not greater than five to one and the total THC percentage is greater than five per cent but less than fifteen per cent, (iii) “Low THC, High CBD” where the ratio of THC to CBD is less than one to five and the total THC percentage is not greater than five per cent, or (iv) the chemotype described in clause (i), (ii) or (iii) of this subparagraph that most closely fits the cannabis or cannabis product, as determined by mathematical analysis of the ratio of THC to CBD, where such cannabis or cannabis product does not fit a chemotype described in clause (i), (ii) or (iii) of this subparagraph.

(N) A requirement that, prior to being sold and transferred to a consumer, qualifying patient or caregiver, cannabis packaging be clearly labeled, whether printed directly on such packaging or affixed by way of a separate label, other than an extended content label, with:

(i) A unique identifier generated by a cannabis analytic tracking system maintained by the department and used to track cannabis under the policies and procedures issued, and final regulations adopted, by the commissioner pursuant to this section; and

(ii) The following information concerning the cannabis contained in such packaging, which shall be in legible English, black lettering, Times New Roman font, flat regular typeface, on a contrasting background and in uniform size of not less than one-tenth of one inch, based on a capital letter “K”, which information shall also be available on the Internet web site of the cannabis establishment that sells and transfers such cannabis:

(I) The name of such cannabis, as registered with the department under the policies and procedures issued, and final regulations adopted, by the commissioner pursuant to this section.

(II) The expiration date, which shall not account for any refrigeration after such cannabis is sold and transferred to the consumer, qualifying patient or caregiver.

(III) The net weight or volume, expressed in metric and imperial units.

(IV) The standardized serving size, expressed in customary units, and the number of servings included in such packaging, if applicable.

(V) Directions for use and storage.

(VI) Each active ingredient comprising at least one per cent of such cannabis, including cannabinoids, isomers, esters, ethers and salts and salts of isomers, esters and ethers, and all quantities thereof expressed in metric units and as a percentage of volume.

(VII) A list of all known allergens, as identified by the federal Food and Drug Administration, contained in such cannabis, or the denotation “no known FDA identified allergens” if such cannabis does not contain any allergen identified by the federal Food and Drug Administration.

(VIII) The following warning statement within, and outlined by, a red box:

“This product is not FDA-approved, may be intoxicating, cause long-term physical and mental health problems, and have delayed side effects. It is illegal to operate a vehicle or machinery under the influence of cannabis. Keep away from children.”

(IX) At least one of the following warning statements, rotated quarterly on an alternating basis:

“Warning: Frequent and prolonged use of cannabis can contribute to mental health problems over time, including anxiety, depression, stunted brain development and impaired memory.”

“Warning: Consumption while pregnant or breastfeeding may be harmful.”

“Warning: Cannabis has intoxicating effects and may be habit-forming and addictive.”

“Warning: Consuming more than the recommended amount may result in adverse effects requiring medical attention.”.

(X) All information necessary to comply with labeling requirements imposed under the laws of this state and federal law, including, but not limited to, sections 21a-91 to 21a-120 , inclusive, and 21a-151 to 21a-159 , inclusive, the Federal Food, Drug and Cosmetic Act, 21 USC 301 et seq., as amended from time to time, and the federal Fair Packaging and Labeling Act, 15 USC 1451 et seq., as amended from time to time, for similar products that do not contain cannabis.

(XI) Such additional warning labels for certain cannabis products as the commissioner may require and post on the department's Internet web site.

(6) Establishing laboratory testing standards, consumer disclosures concerning mold and yeast in cannabis and permitted remediation practices.

(7) Restricting forms of cannabis products and cannabis product delivery systems to ensure consumer safety and deter public health concerns.

(8) Prohibiting certain manufacturing methods, or inclusion of additives to cannabis products, including, but not limited to, (A) added flavoring, terpenes or other additives unless approved by the department, or (B) any form of nicotine or other additive containing nicotine.

(9) Prohibiting cannabis product types that appeal to children.

(10) Establishing physical and cyber security requirements related to build out, monitoring and protocols for cannabis establishments as a requirement for licensure.

(11) Placing temporary limits on the sale of cannabis in the adult-use market, if deemed appropriate and necessary by the commissioner, in response to a shortage of cannabis for qualifying patients.

(12) Requiring retailers and hybrid retailers to make best efforts to provide access to (A) low-dose THC products, including products that have one milligram and two and a half milligrams of THC per dose, and (B) high-dose CBD products.

(13) Requiring producers, cultivators, micro-cultivators, product manufacturers and food and beverage manufacturers to register brand names for cannabis, in accordance with the policies and procedures and subject to the fee set forth in, regulations adopted under chapter 420f.

(14) Prohibiting a cannabis establishment from selling, other than the sale of medical marijuana products between cannabis establishments and the sale of cannabis to qualified patients and caregivers, (A) cannabis flower or other cannabis plant material with a total THC concentration greater than thirty per cent on a dry-weight basis, and (B) any cannabis product other than cannabis flower and cannabis plant material with a total THC concentration greater than sixty per cent on a dry-weight basis, except that the provisions of subparagraph (B) of this subdivision shall not apply to the sale of prefilled cartridges for use in an electronic cannabis delivery system, as defined in section 19a-342a and the department may adjust the percentages set forth in subparagraph (A) or (B) of this subdivision in regulations adopted pursuant to this section for purposes of public health or to address market access or shortage. As used in this subdivision, “cannabis plant material” means material from the cannabis plant, as defined in section 21a-279a .

(15) Permitting the outdoor cultivation of cannabis.

(16) Prohibiting packaging that is (A) visually similar to any commercially similar product that does not contain cannabis, or (B) used for any good that is marketed to individuals reasonably expected to be younger than twenty-one years of age.

(17) Allowing packaging to include a picture of the cannabis product and contain a logo of one cannabis establishment, which logo may be comprised of not more than three colors and provided neither black nor white shall be considered one of such three colors.

(18) Requiring packaging to (A) be entirely and uniformly one color, and (B) not incorporate any information, print, embossing, debossing, graphic or hidden feature, other than any permitted or required label.

(19) Requiring that packaging and labeling for an edible cannabis product, excluding the warning labels required under this subsection and a picture of the cannabis product described in subdivision (17) of this subsection but including, but not limited to, the logo of the cannabis establishment, shall only be comprised of black and white or a combination thereof.

(20) (A) Except as provided in subparagraph (B) of this subdivision, requiring that delivery device cartridges be labeled, in a clearly legible manner and in as large a font as the size of the device reasonably allows, with only the following information (i) the name of the cannabis establishment where the cannabis is grown or manufactured, (ii) the cannabis brand, (iii) the total THC and total CBD content contained within the delivery device cartridge, (iv) the expiration date, and (v) the unique identifier generated by a cannabis analytic tracking system maintained by the department and used to track cannabis under the policies and procedures issued, and final regulations adopted, by the commissioner pursuant to this section.

(B) A cannabis establishment may emboss, deboss or similarly print the name of the cannabis establishment's business entity, and one logo with not more than three colors, on a delivery device cartridge.

(21) Prescribing signage to be prominently displayed at dispensary facilities, retailers and hybrid retailers disclosing (A) possible health risks related to mold, and (B) the use and possible health risks related to the use of mold remediation techniques.
Conn. Gen. Stat. § 21a-340 — Connecticut Code / Title 21a / Chapter 420d / Section 21a-340
Sec. 21a-340. (Formerly Sec. 19-563). Detained or embargoed articles. Condemnation. Civil penalties.
Status: in_force

(b) When an article detained or embargoed under subsection (a) has been found by such agent to be misbranded or a banned hazardous substance, such agent shall petition the superior court in whose jurisdiction the article is detained or embargoed or any judge thereof for a libel of condemnation of such article. When such agent has found that an article so detained or embargoed is not misbranded or a banned hazardous substance, such agent shall remove the tag or other marking.

(c) If the court finds that a detained or embargoed article is misbranded or a banned hazardous substance, such article shall, after entry of the decree, be destroyed at the expense of the claimant thereof, under supervision of such agent, and all court costs and fees, and storage and other proper expenses, shall be taxed against the claimant of such article or his agent; except that, if the misbranding can be corrected by proper labeling of the article, the court, after entry of the decree and after such costs, fees and expenses have been paid and a good and sufficient bond, conditioned that such article shall be so labeled, has been executed, may by order direct that such article be delivered to the claimant thereof for such labeling under the supervision of an agent of the administrator. The expense of such supervision shall be paid by the claimant. The article shall be returned to the claimant on the representation to the court by the administrator that the article is no longer in violation of sections 21a-335 to 21a-346 , inclusive, and that the expenses of such supervision have been paid.

Cited. 224 C. 29.
Conn. Gen. Stat. § 21a-420f — Connecticut Code / Title 21a / Chapter 420h / Section 21a-420f
Sec. 21a-420f. Accounts and funds. Deposits. Transfers. Estimates and adjustments of expenditure requirements.
Status: in_force

(2) Notwithstanding the provisions of section 21a-420e , for the fiscal years ending June 30, 2022, and June 30, 2023, the following shall be deposited in the cannabis regulatory and investment account: (A) All fees received by the state pursuant to section 21a-421b and subdivisions (1) to (11), inclusive, of subsection (c) of section 21a-420e ; (B) the tax received by the state under section 12-330 ll ; and (C) the tax received by the state under chapter 219 from a cannabis retailer, hybrid retailer or micro-cultivator, as those terms are defined in section 12-330 ll .

(3) At the end of the fiscal year ending June 30, 2023, all moneys remaining in the cannabis regulatory and investment account shall be transferred to the General Fund.

(b) (1) There is established an account to be known as the “social equity and innovation account” which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account.

(A) During the fiscal years ending June 30, 2022, and June 30, 2023, moneys in the account shall be allocated by the Secretary of the Office of Policy and Management, in consultation with the Social Equity Council, to state agencies for the purpose of (i) paying costs incurred by the Social Equity Council, (ii) administering programs under RERACA to provide (I) access to capital for businesses, (II) technical assistance for the start-up and operation of a business, (III) funding for workforce education, and (IV) funding for community investments, and (iii) paying costs incurred to implement the activities authorized under RERACA.

(B) During the fiscal year ending June 30, 2024, moneys in the account shall be allocated by the Secretary of the Office of Policy and Management for purposes that the Social Equity Council determines, in the Social Equity Council's sole discretion, further the principles of equity, as defined in section 21a-420 , which purposes may include, but need not be limited to, providing (i) access to capital for businesses in any industry, (ii) technical assistance for the start-up and operation of a business in any industry, (iii) funding for workforce education in any industry, (iv) funding for community investments, and (v) funding for investments in disproportionately impacted areas.

(2) Notwithstanding the provisions of sections 21a-420e and 21a-420o , for the fiscal years ending June 30, 2022, and June 30, 2023, the following shall be deposited in the social equity and innovation account: All fees received by the state pursuant to sections 21a-420 l , 21a-420o and 21a-420u and subdivisions (12) and (13) of subsection (c) of section 21a-420e .

(3) At the end of the fiscal year ending June 30, 2023, five million dollars shall be transferred from the social equity and innovation account to the General Fund, or, if the account contains less than five million dollars, all remaining moneys in the account. At the end of the fiscal year ending June 30, 2024, all remaining moneys in the account shall be transferred to the Social Equity and Innovation Fund established under subsection (c) of this section.

(c) (1) On and after July 1, 2022, there is established a fund to be known as the “Cannabis Social Equity and Innovation Fund”. The fund shall contain any moneys required by law to be deposited in the fund and shall be held by the Treasurer separate and apart from all other moneys, funds and accounts. Amounts in the fund may be expended only pursuant to appropriation by the General Assembly. Any balance remaining in the fund at the end of any fiscal year shall be carried forward in the fund for the fiscal year next succeeding. Moneys in the fund shall be appropriated for the purposes of providing the following: Access to capital for businesses in any industry; technical assistance for the start-up and operation of a business in any industry; funding for workforce education in any industry; funding for community investments; and paying costs incurred to implement the activities authorized under RERACA. All such appropriations shall be dedicated to expenditures that further the principles of equity, as defined in section 21a-420 .

(2) (A) For the purposes of subdivision (1) of this subsection, for the fiscal year ending June 30, 2023, and for each fiscal year thereafter, the Social Equity Council shall transmit, for even-numbered years, estimates of expenditure requirements and for odd-numbered years, recommended adjustments and revisions, if any, of such estimates, to the Secretary of the Office of Policy and Management, in the manner prescribed for a budgeted agency under subsection (a) of section 4-77 .

(B) The Office of Policy and Management may not make adjustments to any such estimates or adjustments and revisions of such estimates transmitted by the council. Notwithstanding any provision of the general statutes or any special act, the Governor shall not reduce the allotment requisitions or allotments in force pursuant to section 4-85 or make reductions in allotments in order to achieve budget savings in the General Fund, concerning any appropriations made by the General Assembly for the purposes of subdivision (1) of this subsection.

(C) The estimates of expenditure requirements transmitted by the Social Equity Council to the Secretary of the Office of Policy and Management pursuant to subparagraph (A) of this subdivision shall, consistent with the requirements established in subsection (a) of section 4-77 , include an estimate of the amount of funds required to be distributed among the permissible purposes for appropriations made from the Cannabis Social Equity and Innovation Fund as set forth in subdivision (1) of this subsection.

(d) On and after July 1, 2022, there is established a fund to be known as the “Cannabis Prevention and Recovery Services Fund”. The fund shall contain any moneys required by law to be deposited in the fund and shall be held by the Treasurer separate and apart from all other moneys, funds and accounts. Amounts in the fund may be expended only pursuant to appropriation by the General Assembly. Any balance remaining in the fund at the end of any fiscal year shall be carried forward in the fund for the fiscal year next succeeding. Moneys in the fund shall be appropriated for the purposes of (1) substance abuse prevention, treatment and recovery services, which may include, but need not be limited to, the (A) provision of youth cannabis use prevention services by the local advisory councils on drug use and prevention established by municipalities pursuant to subsection (a) of Section 4126 of the Drug Free Schools and Communities Act of 1986, as amended from time to time, regional behavioral health action organizations described in section 17a-484f , or youth service bureaus established pursuant to section 10-19m , and (B) development of a public awareness campaign to raise awareness of the mental and physical health risks of youth cannabis use and cannabis use by pregnant persons, and (2) collection and analysis of data regarding substance use. The Social Equity Council may make recommendations to any relevant state agency regarding expenditures to be made for the purposes set forth in this subsection.

(e) On and after July 1, 2023, there is established a fund to be known as the “Cannabis Regulatory Fund” which shall be a separate, nonlapsing fund. The fund shall contain any moneys required by law to be deposited in the fund and shall be held by the Treasurer separate and apart from all other moneys, funds and accounts. Moneys in the fund shall be appropriated to state agencies for the purposes of paying costs incurred to implement the activities authorized under RERACA, as defined in section 21a-420 .
Conn. Gen. Stat. § 21a-249 — Connecticut Code / Title 21a / Chapter 420b / Section 21a-249
Sec. 21a-249. (Formerly Sec. 19-457). Prescription requirements.
Status: repealed

(b) Each prescribing practitioner, as defined in section 20-14c , who the Department of Consumer Protection authorizes to prescribe controlled substances, within the scope of practice of his or her license, shall electronically transmit the controlled substance prescription to a pharmacy. Electronically transmitted prescriptions shall be promptly printed out in hardcopy or created as an electronic record and filed by the prescriber. Electronically transmitted prescriptions shall be consistent with the requirements of the federal Controlled Substances Act, 21 USC 801, as amended from time to time. All records shall be kept on file for three years at the premises of the licensed practitioner and maintained in such form as to be readily available for inspection by the commissioner, his or her authorized agent or other persons, as authorized in section 21a-265 , at reasonable times. For purposes of this subsection and subsections (c), (d) and (e) of this section, the term “electronically transmit” means to transmit by computer modem or other similar electronic device.

(c) A licensed practitioner shall not be required to electronically transmit a prescription when:

(1) Electronic transmission is not available due to a temporary technological or electrical failure. In the event of a temporary technological or electrical failure, the practitioner shall, without undue delay, reasonably attempt to correct any cause for the failure that is within his or her control. A practitioner who issues a prescription, but fails to electronically transmit the prescription, as permitted by this subsection, shall document the reason for the practitioner's failure to electronically transmit the prescription in the patient's medical record as soon as practicable, but in no instance more than seventy-two hours following the end of the temporary technological or electrical failure that prevented the electronic transmittal of the prescription. For purposes of this subdivision, “temporary technological or electrical failure” means failure of a computer system, application or device or the loss of electrical power to such system, application or device, or any other service interruption to such system, application or device that reasonably prevents the practitioner from utilizing his or her certified application to electronically transmit the prescription in accordance with subsection (b) of this section;

(2) The practitioner reasonably determines that it would be impractical for the patient to obtain substances prescribed by an electronically transmitted prescription in a timely manner and that such delay would adversely impact the patient's medical condition, provided if such prescription is for a controlled substance, the quantity of such controlled substance does not exceed a five-day supply for the patient, if the controlled substance was used in accordance with the directions for use. A practitioner who issues a prescription, but fails to electronically transmit the prescription, as permitted by this subsection, shall document the reason for the practitioner's failure to electronically transmit the prescription in the patient's medical record;

(3) The prescription is to be dispensed by a pharmacy located outside this state. A practitioner who issues a prescription, but fails to electronically transmit the prescription, as permitted by this subsection, shall document the reason for the practitioner's failure to electronically transmit the prescription in the patient's medical record;

(4) Use of an electronically transmitted prescription may negatively impact patient care, such as a prescription containing two or more products to be compounded by a pharmacist, a prescription for direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous or intraspinal infusion, a prescription that contains long or complicated directions, a prescription that requires certain elements to be included by the federal Food and Drug and Administration, or an oral prescription communicated to a pharmacist by a health care practitioner for a patient in a chronic and convalescent nursing home, licensed pursuant to chapter 368v; or

(5) The practitioner demonstrates, in a form and manner prescribed by the commissioner, that such practitioner does not have the technological capacity to issue an electronically transmitted prescription. For the purposes of this subsection, “technological capacity” means possession of a computer system, hardware or device that can be used to electronically transmit controlled substance prescriptions consistent with the requirements of the federal Controlled Substances Act, 21 USC 801, as amended from time to time. The provisions of this subdivision shall not apply to a practitioner when such practitioner is prescribing as a telehealth provider, as defined in section 19a-906 , pursuant to subsection (c) of said section.

(d) Any prescription issued in a form other than an electronically transmitted prescription pursuant to subsection (c) of this section may be issued as a written order or, to the extent permitted by the federal Controlled Substance Act, 21 USC 801, as from time to time amended, as an oral order or transmitted by facsimile machine. Such oral order or order transmitted by facsimile machine shall be promptly reduced to writing on a prescription blank or a hardcopy printout or created as an electronic record and filed by the pharmacist filling it. No duplicate, carbon or photographic copies and no printed or rubber-stamped orders shall be considered valid prescriptions within the meaning of this chapter.

(e) Prescriptions for schedule II substances shall be electronically transmitted by the prescribing practitioner at the time of issuance and previously signed orders for such schedule II substances shall not be considered valid prescriptions within the meaning of this chapter. No practitioner shall prescribe, dispense or administer schedule II sympathomimetic amines as anorectics, except as may be authorized by regulations adopted by the Departments of Public Health and Consumer Protection acting jointly. To the extent permitted by the federal Controlled Substances Act, 21 USC 801, as from time to time amended, in an emergency, the dispensing of schedule II substances may be made upon the oral order of a prescribing registrant known to or confirmed by the filling pharmacist. The filling pharmacist shall promptly reduce such oral order to writing on a prescription blank, provided such oral order shall be confirmed by the proper completion and mailing or delivery of a prescription prepared by the prescribing registrant to the pharmacist filling such oral order within seventy-two hours after the oral order has been given. Such prescription of the registrant shall be affixed to the temporary prescription prepared by the pharmacist and both prescriptions shall be maintained on file as required in this chapter. The Department of Public Health and the Department of Consumer Protection, acting jointly, may adopt regulations, in accordance with chapter 54, allowing practitioners to prescribe, dispense or administer schedule II sympathomimetic amines as anorectics under certain specific circumstances. Nothing in this subsection shall be construed to require a licensed pharmacist to determine the diagnosis of a patient prior to dispensing a prescription for such substances to a patient.

(f) All prescriptions for controlled substances shall comply fully with any additional requirements of the federal food and drug laws, the federal Controlled Substances Act, and state laws and regulations adopted under this chapter.

(g) Repealed by P.A. 82-419, S. 46, 47.

(h) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in schedule III or IV, which is a prescription drug as determined under federal food and drug laws, shall not be dispensed without a written, electronically transmitted or oral prescription of a practitioner. The prescription shall not be filled or refilled more than six months after the date thereof or be refilled more than five times, unless renewed by the practitioner.

(i) A controlled substance included in schedule V shall not be distributed or dispensed other than for a medical purpose.

(j) A pharmacy may sell and dispense controlled substances upon the prescription of a prescribing practitioner, as defined in section 20-571 .

(k) Pharmacies shall file filled prescriptions for controlled substances separately from other prescriptions. All schedule II prescriptions shall be filed in a separate file or in an electronic file. All schedule III, IV and V prescriptions shall be filed in another separate file or in an electronic file, except as otherwise provided for in regulations adopted pursuant to section 21a-243 , 21a-244 or 21a-244a . All written controlled substance prescriptions shall, immediately upon filling, be filed chronologically and consecutively.

(l) (1) Any pharmacy may transfer:

(A) A prescription for a controlled substance included in schedule III, IV or V to any other pharmacy in accordance with the requirements set forth in the federal Controlled Substances Act 21 USC 801 et seq. and the regulations promulgated thereunder, as from time to time amended; and

(B) An unfilled prescription for a controlled substance included in schedule II, III, IV or V that was electronically transmitted in accordance with the requirements set forth in the federal Controlled Substances Act 21 USC 801 et seq. and the regulations promulgated thereunder, as from time to time amended. The pharmacy may transfer the unfilled electronic prescription by telephone or other electronic transmission if:

(i) Such transfer is consistent with the federal Controlled Substances Act 21 USC 801 et seq. and the regulations promulgated thereunder, as from time to time amended, and policies established by the federal Drug Enforcement Administration;

(ii) The pharmacy that first receives such prescription:

(I) Takes measures to prevent such prescription from being filled at any pharmacy other than the pharmacy to which the such pharmacy is transferring such prescription; and

(II) Records the name, telephone number and address of the pharmacy to which such pharmacy is transferring such prescription, and the name and license number of the pharmacist who receives such transferred prescription; and

(iii) The pharmacy that receives such transferred prescription records:

(I) All of the information required under subsection (a) of this section;

(II) That such prescription has been transferred;

(III) The name of the pharmacy that first received such prescription;

(IV) The date on which such prescription was issued;

(V) The date on which such prescription was transferred; and

(VI) Any refills issued for such prescription if such prescription is for a controlled substance included in schedule III, IV or V of the federal Controlled Substances Act 21 USC 801 et seq.

(2) The pharmacy that first receives an electronically transmitted prescription described in subparagraph (B) of subdivision (1) of this subsection may send a facsimile containing the prescription information for such prescription if such pharmacy is transferring such prescription pursuant to said subparagraph by telephone.

(m) A practitioner authorized to prescribe controlled substances shall not prescribe anabolic steroids for the sole purpose of enhancing a patient's athletic ability or performance.

(n) Each pharmacy, as defined in section 20-571 , shall accept an electronically transmitted prescription for a controlled substance from a practitioner, as defined in section 21a-316 . All records shall be kept on file for three years at the premises of the pharmacy and maintained current and separate from other business records in such form as to be readily available at the pharmacy for inspection by the Commissioner of Consumer Protection, his or her authorized agent or other persons, as authorized in section 21a-265 , at reasonable times. Prescription records received from the practitioner electronically may be stored electronically, provided the files are maintained in the pharmacy computer system for not less than three years. If the electronically transmitted prescription is printed, it shall be filed as required in subsection (k) of this section.

See Sec. 17a-714a re legal protections for licensed health care professionals who prescribe opioid antagonists to drug users.

See Sec. 20-14a re use of generic drug names in prescriptions.

Annotation to former section 19-457:

Cited. 33 CS 66.

Annotation to present section:

Cited. 207 C. 698.
Conn. Gen. Stat. § 21a-254 — Connecticut Code / Title 21a / Chapter 420b / Section 21a-254
Sec. 21a-254. (Formerly Sec. 19-461). Designation of restricted drugs or substances by regulations. Records required by chapter. Electronic prescription drug monitoring program. Information reporting of diabetes drugs and devices.
Status: in_force

(b) Each physician, dentist, veterinarian or other person who is authorized to administer or professionally use schedule I substances shall keep a record of such schedule I substances received by him and a record of all such schedule I substances administered, dispensed or professionally used by him. The record of schedule I substances received shall in each case show the date of receipt, the name and address of the person from whom received and the kind and quantity of schedule I substances received. The record of all schedule I substances administered, dispensed or otherwise disposed of shall show the date of administering or dispensing, the name and address of the person to whom, or for whose use, or the owner and species of animal for which, the substances were administered or dispensed and the kind and quantity of substances.

(c) Practitioners obtaining and dispensing controlled substances shall keep a record of all such controlled substances, received and dispensed by them in accordance with the provisions of subsections (f) and (h) of this section.

(d) Manufacturers and wholesalers shall keep records of all controlled substances, compounded, mixed, cultivated or grown, or by any other process produced or prepared, and of all controlled substances received and disposed of by them in accordance with the provisions of subsections (f) and (h) of this section.

(e) Pharmacies, hospitals, chronic and convalescent nursing homes, rest homes with nursing supervision, clinics, infirmaries, freestanding ambulatory surgical centers and laboratories shall keep records of all controlled substances, received and disposed of by them in accordance with the provisions of subsections (f) and (h) of this section, except that hospitals and chronic and convalescent nursing homes using a unit dose drug distribution system may instead keep such records in accordance with the provisions of subsections (g) and (h) of this section, and except that hospitals and freestanding ambulatory surgical centers shall not be required to maintain separate disposition records for schedule V controlled substances or records of administering of individual doses for ultra-short-acting depressants, including but not limited to, Methohexital, Thiamylal and Thiopental.

(f) The form of record to be kept under subsection (c), (d) or (e) of this section shall in each case show the date of receipt, the name and address of the person from whom received, and the kind and quantity of controlled substances received, or, when applicable, the kind and quantity of controlled substances produced or removed from process of manufacture and the date of such production or removal from process of manufacture; and the record shall in each case show the proportion of controlled substances. The record of all controlled substances sold, administered, dispensed or otherwise disposed of shall show the date of selling, administering or dispensing, the name of the person to whom or for whose use, or the owner and species of animal for which, the substances were sold, administered or dispensed, the address of such person or owner in the instance of records of other than hospitals, chronic and convalescent nursing homes, rest homes with nursing supervision and infirmaries, and the kind and quantity of substances. In addition, hospital and infirmary records shall show the time of administering or dispensing, the prescribing physician and the nurse administering or dispensing the substance. Each such record of controlled substances shall be separately maintained apart from other drug records and kept for a period of three years from the date of the transaction recorded.

(g) Hospitals using a unit dose drug distribution system shall maintain a record noting all dispositions of controlled substances from any area of the hospital to other hospital locations. Such record shall include, but need not be limited to, the name, form, strength and quantity of the drug dispensed, the date dispensed and the location within the hospital to which the drug was dispensed. Such dispensing record shall be separately maintained, apart from other drug or business records, for a period of three years. Such hospital shall, in addition, maintain for each patient a record which includes, but need not be limited to, the full name of the patient and a complete description of each dose of medication administered, including the name, form, strength and quantity of the drug administered, the date and time administered and identification of the nurse or practitioner administering each drug dose. Entries for controlled substances shall be specially marked in a manner which allows for ready identification. Such records shall be filed in chronological order and kept for a period of three years.

(h) A complete and accurate record of all stocks of controlled substances on hand shall, on and after July 1, 1981, be prepared annually within four days of the first day of May of the calendar year, except that a registrant may change this date provided the general physical inventory date of such registrant is not more than six months from the annual inventory date, and kept on file for three years; and shall be made available to the commissioner or his authorized agents. All records required by this chapter shall be kept on the premises of the registrant and maintained current and separate from other business records in such form as to be readily available for inspection by the authorized agent at reasonable times. The use of a foreign language, codes or symbols to designate controlled substances or persons in the keeping of any required record is not deemed to be a compliance with this chapter.

(i) Whenever any record is removed by a person authorized to enforce the provisions of this chapter or the provisions of the state food, drug and cosmetic laws for the purpose of investigation or as evidence, such person shall tender a receipt in lieu thereof and the receipt shall be kept for a period of three years.

(j) (1) The commissioner shall, within available appropriations, establish an electronic prescription drug monitoring program to collect, by electronic means, prescription information for schedules II, III, IV and V controlled substances that are dispensed by pharmacies, nonresident pharmacies, as defined in section 20-627 , outpatient pharmacies in hospitals or institutions or by any other dispenser, including, but not limited to, the federal Substance Abuse and Mental Health Services Administration certified substance use disorder clinics licensed under section 19a-495 in accordance with 42 CFR 2. The program shall be designed to provide information regarding the prescription of controlled substances in order to prevent the improper or illegal use of the controlled substances and shall not infringe on the legitimate prescribing of a controlled substance by a prescribing practitioner acting in good faith and in the course of professional practice.

(2) The commissioner may identify other products or substances to be included in the electronic prescription drug monitoring program established pursuant to subdivision (1) of this subsection.

(3) Prior to July 1, 2016, each pharmacy, nonresident pharmacy, as defined in section 20-627 , outpatient pharmacy in a hospital or institution and dispenser shall report to the commissioner, at least weekly, by electronic means or, if a pharmacy or outpatient pharmacy does not maintain records electronically, in a format approved by the commissioner, the following information for all controlled substance prescriptions dispensed by such pharmacy or outpatient pharmacy: (A) Dispenser identification number; (B) the date the prescription for the controlled substance was filled; (C) the prescription number; (D) whether the prescription for the controlled substance is new or a refill; (E) the national drug code number for the drug dispensed; (F) the amount of the controlled substance dispensed and the number of days' supply of the controlled substance; (G) a patient identification number; (H) the patient's first name, last name and street address, including postal code; (I) the date of birth of the patient; (J) the date the prescription for the controlled substance was issued by the prescribing practitioner and the prescribing practitioner's Drug Enforcement Agency's identification number; and (K) the type of payment.

(4) (A) Except as provided in this subdivision, on and after July 1, 2016, each pharmacy, nonresident pharmacy, as defined in section 20-627 , outpatient pharmacy in a hospital or institution, and dispenser shall report to the commissioner by electronic means, in a format approved by the commissioner, the following information for all controlled substance prescriptions dispensed by such pharmacy or outpatient pharmacy immediately upon, but in no event later than the next business day after, dispensing such prescriptions: (i) Dispenser identification number; (ii) the date the prescription for the controlled substance was filled; (iii) the prescription number; (iv) whether the prescription for the controlled substance is new or a refill; (v) the national drug code number for the drug dispensed; (vi) the amount of the controlled substance dispensed and the number of days' supply of the controlled substance; (vii) a patient identification number; (viii) the patient's first name, last name and street address, including postal code; (ix) the date of birth of the patient; (x) the date the prescription for the controlled substance was issued by the prescribing practitioner and the prescribing practitioner's Drug Enforcement Agency's identification number; and (xi) the type of payment.

(B) If the electronic prescription drug monitoring program is not operational, such pharmacy or dispenser shall report the information described in this subdivision not later than the next business day after regaining access to such program. For purposes of this subdivision, “business day” means any day during which the pharmacy is open to the public.

(C) Each veterinarian, licensed pursuant to chapter 384, who dispenses a controlled substance prescription shall report to the commissioner the information described in subparagraph (A) of this subdivision, at least weekly, by electronic means or, if the veterinarian does not maintain records electronically, in a format approved by the commissioner.

(5) The commissioner may contract with a vendor for purposes of electronically collecting such controlled substance prescription information. The commissioner and any such vendor shall maintain the information in accordance with the provisions of chapter 400j.

(6) The commissioner and any such vendor shall not disclose controlled substance prescription information reported pursuant to subdivisions (3) and (4) of this subsection, except as authorized pursuant to the provisions of sections 21a-240 to 21a-283 , inclusive. Any person who knowingly violates any provision of this subdivision or subdivision (5) of this subsection shall be guilty of a class D felony.

(7) The commissioner shall provide, upon request, controlled substance prescription information obtained in accordance with subdivisions (3) and (4) of this subsection to the following: (A) The prescribing practitioner or such practitioner's authorized agent, who is treating or has treated a specific patient, provided the information is obtained for purposes related to the treatment of the patient, including the monitoring of controlled substances obtained by the patient; (B) the prescribing practitioner with whom a patient has made contact for the purpose of seeking medical treatment or such practitioner's authorized agent, provided the request is accompanied by a written consent, signed by the prospective patient, for the release of controlled substance prescription information; or (C) the pharmacist who is dispensing controlled substances for a patient, or such pharmacist's authorized pharmacy technician, provided the information is obtained for purposes related to the scope of the pharmacist's practice and management of the patient's drug therapy, including the monitoring of controlled substances obtained by the patient. The prescribing practitioner, such practitioner's authorized agent, the pharmacist or such pharmacist's authorized pharmacy technician shall submit a written and signed request to the commissioner for controlled substance prescription information. Such prescribing practitioner, pharmacist or pharmacist's authorized pharmacy technician shall not disclose any such request except as authorized pursuant to sections 20-570 to 20-630 , inclusive, or sections 21a-240 to 21a-283 , inclusive.

(8) No person or employer shall prohibit, discourage or impede a prescribing practitioner, pharmacist or pharmacist's authorized pharmacy technician from requesting controlled substance prescription information pursuant to this subsection.

(9) Prior to prescribing greater than a seventy-two-hour supply of any controlled substance to any patient, the prescribing practitioner or such practitioner's authorized agent shall review the patient's records in the electronic prescription drug monitoring program established pursuant to this subsection. Whenever a prescribing practitioner prescribes a controlled substance, other than a schedule V nonnarcotic controlled substance, for the continuous or prolonged treatment of any patient, such prescriber, or such prescriber's authorized agent, shall review, not less than once every ninety days, the patient's records in such prescription drug monitoring program. Whenever a prescribing practitioner prescribes a schedule V nonnarcotic controlled substance, for the continuous or prolonged treatment of any patient, such prescribing practitioner, or such prescribing practitioner's authorized agent, shall review, not less than annually, the patient's records in such prescription drug monitoring program. If such electronic prescription drug monitoring program is not operational, such prescribing practitioner may prescribe greater than a seventy-two-hour supply of a controlled substance to a patient during the time of such program's inoperability, provided such prescribing practitioner or such authorized agent reviews the records of such patient in such program not more than twenty-four hours after regaining access to such program.

(10) (A) A prescribing practitioner may designate an authorized agent to review the electronic prescription drug monitoring program and patient controlled substance prescription information on behalf of the prescribing practitioner. The prescribing practitioner shall ensure that any authorized agent's access to such program and patient controlled substance prescription information is limited to the purposes described in this section and occurs in a manner that protects the confidentiality of information that is accessed through such program. The prescribing practitioner and any authorized agent shall be subject to the provisions of 45 CFR 164.308, as amended from time to time, concerning administrative safeguards for the protection of electronic protected health information. A prescribing practitioner may be subject to disciplinary action for acts of the authorized agent as provided in subsection (a) of section 21a-322 .

(B) Notwithstanding the provisions of subparagraph (A) of this subdivision, a prescribing practitioner who is employed by or provides professional services to a hospital shall, prior to designating an authorized agent to review the electronic prescription drug monitoring program and patient controlled substance prescription information on behalf of the prescribing practitioner, (i) submit a request to designate one or more authorized agents for such purposes and a written protocol for oversight of the authorized agent or agents to the commissioner, in the form and manner prescribed by the commissioner, and (ii) receive the commissioner's approval to designate such authorized agent or agents and of such written protocol. Such written protocol shall designate either the hospital's medical director, a hospital department head, who is a prescribing practitioner, or another prescribing practitioner as the person responsible for ensuring that the authorized agent's or agents' access to such program and patient controlled substance prescription information is limited to the purposes described in this section and occurs in a manner that protects the confidentiality of information that is accessed through such program. A hospital medical director, a hospital department head, who is a prescribing practitioner, or another prescribing practitioner designated as the person responsible for overseeing an authorized agent's or agents' access to such program and information in the written protocol approved by the commissioner may be subject to disciplinary action for acts of the authorized agent or agents as provided in subsection (a) of section 21a-322 . The commissioner may inspect hospital records to determine compliance with written protocols approved in accordance with this section.

(C) A pharmacist may designate a pharmacy technician to access the electronic prescription drug monitoring program and patient controlled substance prescription information on behalf of the pharmacist only for the purposes of facilitating the pharmacist's review of such patient information. The pharmacist shall ensure that any such pharmacy technician's access to such program and patient controlled substance prescription information is limited to the purposes described in this section and occurs in a manner that protects the confidentiality of information that is accessed through such program. The pharmacist and any authorized pharmacy technician shall be subject to the provisions of 45 CFR 164.308, as amended from time to time, concerning administrative safeguards for the protection of electronic protected health information. A pharmacist may be subject to disciplinary action for acts of the authorized pharmacy technician.

(D) Prior to designating a pharmacy technician to access the electronic prescription drug monitoring program and patient controlled substance prescription information on behalf of the pharmacist, the supervising pharmacist shall provide training for the authorized pharmacy technicians. Such training shall designate a pharmacist as the person responsible for ensuring that the authorized pharmacy technician's access to such program and patient controlled substance prescription information is limited to the purposes described in this section and occurs in a manner that protects the confidentiality of information that is accessed through such program. A pharmacist designated as the person responsible for overseeing the pharmacy technician's access to such program may be subject to disciplinary action for acts of the authorized pharmacy technician. The commissioner may inspect records to document pharmacy technician training, that pharmacy technicians have access to the program and that patient controlled substance prescription information has been limited in accordance with the provisions of this section.

(11) The commissioner shall adopt regulations, in accordance with chapter 54, concerning the reporting, evaluation, management and storage of electronic controlled substance prescription information.

(12) The provisions of this section shall not apply to (A) samples of controlled substances dispensed by a physician to a patient, or (B) any controlled substances dispensed to hospital inpatients.

(13) The provisions of this section shall not apply to any institutional pharmacy or pharmacist's drug room operated by a facility, licensed under section 19a-495 and regulations adopted pursuant to said section 19a-495 , that dispenses or administers directly to a patient an opioid agonist for treatment of a substance use disorder, unless the patient has signed a consent to disclose the patient's records to a prescription drug monitoring program that is compliant with 42 CFR 2 Subpart B. Each signed consent form shall be made available for review by the commissioner upon request. If consent is withdrawn by the patient, the institutional pharmacy or pharmacist's drug room operated by a facility shall immediately discontinue disclosing information about the specific patient who withdrew consent.

(14) The commissioner may provide controlled substance prescription information obtained in accordance with subdivisions (3) and (4) of this subsection to other state agencies, pursuant to an agreement between the commissioner and the head of such agency, provided the information is obtained for a study of disease prevention and control related to opioid abuse or the study of morbidity and mortality caused by overdoses of controlled substances. The provision of such information shall be in accordance with all applicable state and federal confidentiality requirements.

(15) Nothing in this section shall prohibit a prescribing practitioner or such prescribing practitioner's authorized agent from disclosing controlled substance prescription information submitted pursuant to subdivisions (3) and (4) of this subsection to the Department of Social Services for the purposes of administering any of said department's medical assistance programs.

(16) Each pharmacy, nonresident pharmacy, as defined in section 20-627 , outpatient pharmacy in a hospital or institution, and dispenser shall report to the commissioner, at least daily, by electronic means or, if a pharmacy or outpatient pharmacy does not maintain records electronically, in a format approved by the commissioner information for all insulin drugs, glucagon drugs, diabetes devices and diabetic ketoacidosis devices prescribed and dispensed by such pharmacy or outpatient pharmacy, except such reporting requirement shall not apply to any veterinarian, licensed under chapter 384, who dispenses insulin drugs, glucagon drugs, diabetes devices and diabetic ketoacidosis devices for animal patients. Such pharmacy or outpatient pharmacy shall report such information to the commissioner in a manner that is consistent with the manner in which such pharmacy or outpatient pharmacy reports information for controlled substance prescriptions pursuant to subdivision (4) of this subsection. For the purposes of this subdivision, “insulin drug”, “glucagon drug”, “diabetes devices” and “diabetic ketoacidosis device” have the same meanings as provided in section 20-616 .

Annotation to former section 19-461:

Cited. 7 CA 403.

Annotation to present section:

Cited. 207 C. 698.
Conn. Gen. Stat. § 21a-278a — Connecticut Code / Title 21a / Chapter 420b / Section 21a-278a
Sec. 21a-278a. Penalty for illegal manufacture, distribution, sale, prescription or administration.
Status: in_force

(b) Any person who violates section 21a-277 or 21a-278 by manufacturing, distributing, selling, prescribing, dispensing, compounding, transporting with the intent to sell or dispense, possessing with the intent to sell or dispense, offering, giving or administering to another person any controlled substance with intent to commit such violation at a specific location that the trier of fact determines is (1) in or on the real property comprising a (A) public or private elementary or secondary school, (B) public housing project, or (C) 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, or (2) within two hundred feet of the perimeter of the real property comprising such (A) public or private elementary or secondary school, (B) public housing project, or (C) licensed child care center, shall be imprisoned for a term of three years, which shall not be suspended and shall be in addition and consecutive to any term of imprisonment imposed for violation of section 21a-277 or 21a-278 . To constitute a violation of this subsection, an act of transporting or possessing a controlled substance shall be with intent to sell or dispense in or on, or within two hundred feet of the perimeter of, the real property comprising a public or private elementary or secondary school, a public housing project 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. For the purposes of this subsection, “public housing project” means dwelling accommodations operated as a state or federally subsidized multifamily housing project by a housing authority, nonprofit corporation or municipal developer, as defined in section 8-39 , pursuant to chapter 128 or by the Connecticut Housing Authority pursuant to chapter 129.

(c) Any person who employs, hires, uses, persuades, induces, entices or coerces a person under eighteen years of age to violate section 21a-277 or 21a-278 shall be imprisoned for a term of three years, which shall not be suspended and shall be in addition and consecutive to any term of imprisonment imposed for violation of section 21a-277 or 21a-278 .

See Sec. 21a-283a re authority of court to depart from prescribed mandatory minimum sentence.

Cited. 20 CA 694; 25 CA 21; 32 CA 724; Id., 831; 35 CA 609. Evidence that was sufficient to prove violation of Sec. 21a-278 was, in this case, sufficient to prove violation of section. 85 CA 575.

Subsec. (b):

Cited. 231 C. 941; 235 C. 477; 239 C. 427; 241 C. 650. The state, through the testimony of police officers that the sale of narcotics took place within 1,500 feet of a high school, satisfied its burden of proof that the school was an operating secondary school within the meaning of section. 289 C. 496. Evidence that included large quantity of drugs found in defendant's vehicle, money strewn on passenger seat and fact that officers stopped defendant within 1,500 feet of a public housing project which is known for heavy drug trafficking was insufficient to establish defendant had requisite intent to sell drugs within 1,500 feet of the public housing project. 297 C. 621. Sentence suspending execution of 10-year sentence for violating Sec. 21a-277(a) without imposing a period of probation and adding mandatory 3-year sentence for violating this section for a total effective sentence of 13 years imprisonment, execution suspended after 7 years, with 3 years of probation was not illegal because this section mandates a 3-year nonsuspendable and consecutive sentence and the trial court's only option was to impose the probationary period in conjunction with its decision to partially suspend the execution of the sentence for violating Sec. 21a-277(a) after 4 years of imprisonment. 301 C. 716. A person may be convicted of sale of narcotics once he engages in any conduct set forth in Sec. 21a-240(50), including offering to sell narcotics, and the state is not required to prove that the actual physical transfer of narcotics occurred within 1,500 feet of a school, since it is sufficient to show that an offer to sell occurred within 1,500 feet of a school. 308 C. 43. Cumulative force of the evidence was not sufficient to prove intent to sell drugs within prohibited zone of housing project, and evidence was equally supportive of an inference that defendant intended to sell the drugs outside the prohibited zone or anywhere that the opportunity presented itself. 316 C. 514.

Cited. 38 CA 621; 42 CA 500; Id., 537; judgment reversed, see 241 C. 650; Id., 640; 43 CA 339. Is a separate substantive offense from Sec. 21a-278(b). 58 CA 592. Legislature intended possession with intent to sell within 1,500 feet of school and sale within 1,500 feet of school to be separate crimes. 66 CA 118. Evidence presented, i.e. testimony of expert witness that distance between school and boundary line of property on which the sale of narcotics took place was 1,430 feet and a photograph of the property with the point of sale indicated, was sufficient to support jury's finding that sale of narcotics was within 1,500 feet of property on which a public elementary school was located. 67 CA 643. Does not require use of certain language to meet requirement of being “identified as a child day care center by a sign posted in a conspicuous place”; whether a posted sign satisfies statute is a question of fact. 70 CA 255. Conviction for conspiracy to sell a controlled substance within 1,500 feet of a public housing project reversed where trial court instructed that jury must find that conspiracy occurred within 1,500 feet of public housing project; the law is not concerned with where the plan was hatched, but with where the conspirators proposed to carry out its unlawful purpose. 73 CA 386. Trial court properly determined that defendant possessed narcotics with intent to sell within 1,500 feet of a school where defendant, upon being confronted by police, transferred drugs to a passenger in a motor vehicle; defendant's actual transfer of drugs to the passenger was in and of itself evidence of intent to sell. 101 CA 167. In enacting Subsec., the legislature intended to create a separate substantive offense and not merely a penalty enhancement provision. 112 CA 349. Section is not impermissibly vague because it provides adequate notice that the act of agreeing to distribute drugs while in the protected area, even though the drugs might be distributed outside the protected area, is enough for a conviction for either conspiring or attempting to distribute drugs under section. 124 CA 9. Evidence showing that defendant delivered crack cocaine to purchaser during ride in defendant's automobile, which traveled within and in excess of 1,500 feet of a school, was insufficient to fulfill state's burden of proof that the delivery of drugs occurred within the 1,500 foot zone. 127 CA 264; judgment reversed, see 308 C. 43. Definition of “public housing project” not void for vagueness. Id., 654. Mere speculation about the precise location or locations where defendant intended to sell marijuana is insufficient to support a conviction for possession of a controlled substance with intent to sell within 1,500 feet of a public school. 134 CA 232.
Conn. Gen. Stat. § 21a-62e — Connecticut Code / Title 21a / Chapter 417 / Section 21a-62e
Sec. 21a-62e. Inspection of cottage food operation.
Status: in_force

(b) Nothing in this section, section 21a-62c or 21a-62d or sections 21a-62f to 21a-62h , inclusive, shall be construed to prohibit the local director of health or duly authorized agents of the director from investigating the permitted area of a cottage food operation in response to a foodborne illness outbreak, consumer complaint or other public health emergency.
Conn. Gen. Stat. § 21-63 — Connecticut Code / Title 21 / Chapter 411 / Section 21-63
Sec. 21-63. Penalty.
Status: in_force

Cited. 212 C. 176.

Cited. 41 CS 66.
Conn. Gen. Stat. § 21a-408v — Connecticut Code / Title 21a / Chapter 420f / Section 21a-408v
Sec. 21a-408v. Research program subjects not subject to arrest, prosecution or certain other penalties. Registration. Exceptions. Confidentiality of information.
Status: in_force

(b) A research program subject who has a valid registration certificate from the Department of Consumer Protection and is acting within the scope of his or her involvement in an approved research program shall not be subject to arrest or prosecution, penalized in any manner, including, but not limited to, being subject to any civil penalty or denied any right or privilege, including, but not limited to, being subject to any disciplinary action by a professional licensing board, for the use of marijuana.

(c) The provisions of subsection (b) of this section do not apply to:

(1) Any use of marijuana that endangers the health or well-being of a person other than the research program subject or a research program employee; or

(2) The ingestion of marijuana (A) in a motor bus or a school bus or in any other moving vehicle, (B) in the workplace, (C) on any school grounds or any public or private school, dormitory, college or university property unless such college or university is participating in a research program and such use is pursuant to the terms of the research program, (D) in any public place, or (E) in the presence of a person under eighteen years of age unless such person is a qualifying patient or research program subject. For purposes of this subdivision, (i) “presence” means within the direct line of sight of the palliative use of marijuana or exposure to second-hand marijuana smoke, or both; (ii) “public place” means any area that is used or held out for use by the public, whether owned or operated by public or private interests; (iii) “vehicle” means a vehicle, as defined in section 14-1 ; (iv) “motor bus” means a motor bus, as defined in section 14-1 ; and (v) “school bus” means a school bus, as defined in section 14-1 .

(d) Information obtained under this section shall be confidential and shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200 , except that reasonable access to registry information obtained under this section shall be provided to (1) state agencies, federal agencies and local law enforcement agencies for the purpose of investigating or prosecuting a violation of law, (2) physicians and pharmacists for the purpose of providing patient care and drug therapy management and monitoring controlled substances obtained by the research program subject, (3) public or private entities for research or educational purposes, provided no individually identifiable health information may be disclosed, (4) a licensed dispensary for the purpose of complying with sections 21a-408 to 21a-408m , inclusive, or (5) a research program subject, but only with respect to information related to such research program subject.
Conn. Gen. Stat. § 21-82 — Connecticut Code / Title 21 / Chapter 412 / Section 21-82
Sec. 21-82. Owner's responsibilities. Resident's responsibilities. Payment of rent. Terms and conditions of rental agreement. Remedy for unlawful entry. Mitigation of damages. Acceptance of overdue rent.
Status: in_force

(1) Comply with the requirements of the State Building Code, the Fire Safety Code, and all applicable state laws and regulations, local ordinances and planning and zoning regulations materially affecting health and safety;

(2) Maintain the premises and regrade them when necessary to prevent the accumulation of stagnant water and to prevent the detrimental effects of moving water;

(3) Maintain the ground at such a level that the mobile manufactured home will not tilt from its original position;

(4) Keep each mobile manufactured home space or lot marked in such a way that each resident will be certain of his area of responsibility;

(5) Keep any exterior area of the park not the responsibility of each resident free from any species of weed or plant growth which are noxious or detrimental to the health of the residents;

(6) Make all repairs and do whatever is necessary to put and keep the portion of the mobile manufactured home park that is not the responsibility of each resident in a fit and habitable condition, except where such premises are intentionally rendered unfit or uninhabitable by the resident, a member of his family or other person on the premises with his consent, in which case such duty shall be the responsibility of the resident;

(7) Keep all common areas of the premises in a clean and safe condition;

(8) Be responsible for the extermination of any insect, rodent, vermin or other pest dangerous to the health of the residents whenever infestation exists in the area of the park not the responsibility of the resident or in the area for which the resident is responsible including the mobile manufactured home if such infestation is not the fault of the resident and particularly if such infestation existed prior to the occupancy of the resident claiming relief;

(9) Maintain all mobile manufactured homes rented by the owner in a condition which is structurally sound and capable of withstanding adverse effects of weather conditions;

(10) Maintain all electrical, plumbing, gas or other utilities provided by him in good working condition except during any emergency after which any repair shall be completed within seventy-two hours unless good cause is shown as to why such repair has not been completed;

(11) Maintain all water and sewage lines and connections in good working order, and in the event of any emergency, make necessary arrangements for the provision of such service on a temporary basis;

(12) Arrange for the removal from waste receptacles of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit;

(13) Maintain any road within the park in good condition, provide adequate space for parking of two cars for each lot except that any park which provided only one space for each lot on January 1, 1985, and which provided only one space for each lot on October 1, 1972, shall be exempt from such requirement, and be responsible for damage to any vehicle which is the direct result of any unrepaired or poorly maintained access road within the park;

(14) Respect the privacy of the resident and if only the space or lot is rented, agree to enter the mobile manufactured home only with the permission of the resident;

(15) Allow all residents freedom of choice in the purchase of all services pursuant to section 21-78 ;

(16) Allow a resident to terminate a rental agreement whenever a change in the location of such resident's employment requires a change in the location of his residence if such resident gives thirty days' notice; provided, a resident who is a member of the armed forces of the United States may terminate his rental agreement with less than notice of thirty days if he receives reassignment orders which do not allow such prior notification.

(b) At all times during the tenancy the resident shall:

(1) Comply with all obligations primarily imposed upon residents by applicable provisions of any building, housing or fire code materially affecting health and safety;

(2) Keep the unit and his area of responsibility as marked by the owner in a clean and sanitary condition, free of garbage and rubbish;

(3) Keep the supplied basic facilities including any plumbing fixture, cooking and refrigeration equipment and electrical fixtures in a rented mobile manufactured home unit in a clean and sanitary condition and exercise reasonable care in their proper use and operation;

(4) Dispose of any rubbish, garbage and other waste material in a clean and sanitary manner;

(5) Not wilfully or negligently destroy, deface, damage, impair or remove any part of the premises or permit any other person to do so;

(6) Observe all reasonable rules of the owner concerning the use, occupation and maintenance of the premises, provided such reasonable rules are brought to his attention at the time he signs a rental agreement;

(7) Unless otherwise agreed, occupy the dwelling unit only as a dwelling unit;

(8) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of the premises or constitute a nuisance, as defined in section 47a-32 , or a serious nuisance, as defined in section 21-80 ;

(9) If judgment has entered against a member of the resident's household pursuant to subsection (c) of section 47a-26h for serious nuisance by using the premises for the illegal sale of drugs, not permit such person to resume occupancy of the dwelling unit, except with the consent of the owner.

(c) Rent is payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, (1) rent is payable at the premises and (2) periodic rent is payable at the beginning of any term of one month or less and for terms of more than one month in equal monthly installments at the beginning of each month. In the absence of agreement, the resident shall pay the fair rental value for the use and occupancy of the premises.

(d) The terms for the payment of rent shall be clearly set forth and any charge for services, space or lot rent, unit rent or any other charge shall be specifically itemized in the rental agreement and in any billing to the resident by the owner. The total rent for the term of the rental agreement shall be stated therein.

(e) Reasonable rules for guest parking shall be clearly stated and unless violation thereof occurs, no fee shall be charged a resident or a guest.

(f) Any action on the part of the resident which may be grounds for eviction from the park or termination of the rental agreement shall be clearly and specifically stated therein.

(g) The right of the resident to sell his mobile manufactured home pursuant to section 21-79 shall be clearly stated in the rental agreement.

(h) If the owner makes an entry prohibited by subdivision (14) of subsection (a) of this section, or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the resident, the resident may recover actual damages not less than an amount equal to one month's rent and reasonable attorney's fees. The resident may also obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement.

(i) If, during the term of a rental agreement, the resident removes his mobile manufactured home from a space or lot which he is renting, the owner shall make reasonable efforts to rent the space or lot at a fair rental in mitigation of damages. If the owner fails to use reasonable efforts to rent the space or lot at a fair rental, the rental agreement is deemed to be terminated by the owner as of the date the owner has notice of the abandonment.

(j) Acceptance of rent with the knowledge that such rent is overdue constitutes a waiver of the owner's right to terminate the rental agreement for the resident's failure to pay such rent when it was due.

Cited. 178 C. 586.

Cited. 31 CA 575.