CT Gen Stat § 22-61l (2020)
2020 Connecticut General Statutes|Title 22 - Agriculture. Domestic Animals|Chapter 424 - Seeds|Section 22-61l - Definitions. Hemp research. Pilot program. State plan. Licensure requirements. Fees. Violations. Penalties. Inspection and testing program. Records. Regulations. Indian tribe pilot program.

 (a) For the purpose of this section and section 22-61m:(1) “Cannabidiol” or “CBD” means the nonpsychotropic compound by the same name and with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 per cent on a dry weight basis derived from hemp, as defined in the federal act;(2) “Certificate of analysis” means a certificate from a laboratory describing the results of the laboratory's testing of a sample;(3) “Certified seed” means hemp seed for which a certificate or any other instrument has been issued by an agency authorized under the laws of a state, territory or possession of the United States to officially certify hemp seed and that has standards and procedures approved by the United States Secretary of Agriculture to assure the genetic purity and identity of the hemp seed certified;(4) “Commissioner” means the Commissioner of Agriculture, or the commissioner's designated agent;(5) “Consumable” means hemp products intended for human ingestion, inhalation, absorption or other internal consumption, that contains a THC concentration of not more than 0.3 per cent on a dry weight basis;(6) “Cultivate” means planting, growing and harvesting a plant or crop for commercial or research purposes;(7) “Federal act” means the United States Agricultural Marketing Act of 1946, 7 USC 1621 et seq., as amended from time to time;(8) “Department” means the Department of Agriculture;(9) “Grower” means a person in the state licensed by the commissioner to cultivate, grow, harvest, handle, store and market hemp pursuant to the federal act, the provisions of this section and the regulations adopted pursuant to this section;(10) “Handle” means possessing or storing hemp for any period of time on premises owned, operated or controlled by a person licensed to cultivate or process hemp, and includes possessing or transporting hemp;(11) “Hemp” has the same meaning as provided in the federal act;(12) “Hemp products” means products with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 per cent on a dry weight basis derived from, or made by, the processing of hemp plants or hemp plant parts;(13) “Independent testing laboratory” means a facility:(A) For which no person who has any direct or indirect financial or managerial interest in the laboratory and also has any direct or indirect interest in a facility that:(i) Processes, cultivates, distributes, manufactures or sells hemp or hemp products, or marijuana in any state or territory of the United States; or(ii) Cultivates, processes, distributes, dispenses or sells marijuana; and(B) That is accredited as a laboratory in compliance with section 21a-408-59 of the regulations of Connecticut state agencies;(14) “Laboratory” means a laboratory located in the state that is licensed by the Department of Consumer Protection to provide analysis of controlled substances pursuant to section 21a-246, The University of Connecticut, the Connecticut Agricultural Experiment Station, the Department of Public Health, the United States Food and Drug Administration, the United States Department of Agriculture or a facility that meets the following additional criteria that is accredited as a testing laboratory to International Organization for Standardization (ISO) 17025 by a third-party accrediting body such as the American Association for Laboratory Accreditation or the Assured Calibration and Laboratory Accreditation Select Services;(15) “Law enforcement agency” means the Connecticut State Police, United States Drug Enforcement Administration, Department of Consumer Protection Drug Control Division or other federal, state or local law enforcement agency or drug suppression unit;(16) “Licensee” means a person who possesses a license to cultivate, process or manufacture hemp or hemp products in this state;(17) “Manufacture” means the conversion of hemp for the purpose of creating a consumable;(18) “Manufacturer” means a person in the state licensed by the Commissioner of Consumer Protection to manufacture, handle, store and market hemp pursuant to the federal act, the provisions of section 22-61m and any regulation adopted pursuant to section 22-61m;(19) “Marijuana” has the same meaning as provided in section 21a-240;(20) “Market” or “marketing” means promoting, distributing or selling a product within the state, in another state or outside of the United States and includes efforts to advertise and gather information about the needs or preferences of potential consumers or suppliers;(21) “On-site manager” means the individual designated by the licensee responsible for on-site management and operations of a licensed grower or licensed processor;(22) “Pesticide” has the same meaning as “pesticide chemical” as provided in section 21a-92;(23) “Plot” means a contiguous area in a field, greenhouse or indoor growing structure containing the same variety or strain of hemp throughout the area;(24) “Post-harvest sample” means a representative sample of the form of hemp taken from the harvested hemp from a particular plot's harvest that is collected in accordance with the procedures established by the commissioner;(25) “Pre-harvest sample” means a composite, representative portion from plants in a hemp plot, that is collected in accordance with the procedures established by the commissioner;(26) “Process” means using or converting hemp for the purpose of creating a form of the commodity, that is not a consumable, for commercial or research purposes;(27) “Processor” means a person in the state licensed by the commissioner to process, handle, store and market hemp pursuant to the federal act, the provisions of this section and any regulation adopted pursuant to this section;(28) “State plan” means a state plan, as described in the federal act and as authorized pursuant to this section;(29) “Signing authority” means an officer or agent of the applicant with written authorization of such applicant to commit the applicant to a binding agreement;(30) “THC” means delta-9-tetrahydrocannabinol;(31) “Homogenize” means to blend hemp into a mixture that has a uniform quality and content throughout such mixture; and(32) “Business entity” means any corporation, limited liability company, association or partnership.(b) The Commissioner of Agriculture shall establish and operate an agricultural pilot program, as defined in 7 USC 5940, as amended from time to time, for hemp research to enable the department, and its licensees, to study methods of cultivating, processing and marketing hemp. All grower and processor licensees licensed pursuant to this section shall be participants in the state agricultural pilot program for hemp research. Until such time as said commissioner adopts regulations, in accordance with the provisions of chapter 54, the Department of Agriculture shall utilize procedures and guidance policies that the commissioner deems to be consistent with the provisions of 7 USC 5940, as amended from time to time, provided such procedures and guidance policies shall, at a minimum, require: (1) The commissioner to certify and register any site used to grow hemp, (2) any person who grows hemp to produce plants that meet the definition of hemp and verify such, (3) the maintenance of records by any person who grows hemp and the availability of inspection of such records by the commissioner, and (4) verification of compliance with the definition of hemp by a laboratory, at the expense of any licensee. The provisions of this section shall take precedence over any such procedure or guidance policy. Participants in the state agricultural pilot program for hemp research shall be licensed in accordance with the provisions of this section. Such pilot program shall operate until the earlier of the date of a fully approved state plan under the federal act, as described in this section, or the date of repeal of the federal law permitting the state's agricultural pilot program for hemp research.(c) The commissioner shall prepare a state plan in accordance with the federal act, for approval by the Governor and Attorney General, in consultation with the office of the Chief State's Attorney. The state plan, once approved by the Governor and the Attorney General, shall be submitted by the commissioner to the United States Secretary of Agriculture for his or her approval. The commissioner shall have the authority to amend the state plan, in consultation with the Governor and the Attorney General in consultation with the office of the Chief State's Attorney, as necessary to comply with the federal act.(d) The commissioner shall have the authority to enforce the federal act, as amended from time to time, the state plan, this section and any regulations adopted in accordance with the federal act and chapter 54 for hemp cultivation in the state. The commissioner shall have the authority to enforce the applicable processing standard for hemp products that are not consumables. The commissioner may consult, collaborate and enter into cooperative agreements with any federal or state agency, municipality or political subdivision of the state concerning application of the provisions of the federal act and the regulations adopted pursuant to the federal act, as may be necessary to carry out the provisions of this section.(e) Any person who cultivates or processes hemp shall: (1) Be licensed by the commissioner; (2) only acquire certified seeds; and (3) transport hemp and hemp samples in a manner and with such documentation as required by the commissioner.(f) Any person who sells hemp products shall not be required to be licensed provided such person only engages in: (1) The retail or wholesale sale of hemp or hemp products in which no further processing or manufacturing of the hemp products occurs and the hemp products are acquired from a person authorized under the laws of this state or another state, territory or possession of the United States or another sovereign entity; (2) the acquisition of hemp or hemp products for the sole purpose of product distribution for resale; or (3) the retail sale of hemp products that are otherwise authorized under federal or state law.(g) Any applicant for a license pursuant to this section shall meet each of the following requirements, as applicable:(1) Each applicant shall submit an application for a license that consists, at a minimum, of the following: (A) The name and address of the applicant; (B) the name and address of the plot for the hemp cultivation or processing location; (C) the global positioning system coordinates and legal description of the plot used for the hemp cultivation; (D) the acreage size of the plot where the hemp will be cultivated; (E) written consent allowing the commissioner to conduct both scheduled and random inspections of and around the premises on which the hemp is to be cultivated, harvested, stored and processed; and (F) any other information as may be required by the commissioner;(2) The applicant, on-site manager and signing authority for a grower license shall submit to state and national fingerprint-based criminal history records checks conducted in accordance with section 29-17a, at his or her own expense, and provide the results to the commissioner for review;(3) No person who has been convicted of any felony, as prescribed in the federal act, shall be eligible to obtain a grower license; and(4) Each applicant who obtains a grower or processor license shall pay for all costs of testing and resampling any hemp samples at a laboratory for the purpose of determining the THC concentration level.(h) Any grower or processor license issued by the commissioner shall expire on the second following December thirty-first and may be renewed during the preceding month of October. Such licenses shall not be transferable.(i) The following fees shall apply for each grower and processor license and inspection:(1) A nonrefundable license application fee of fifty dollars, provided any constituent unit of higher education, state agency or department shall be exempt from such application fee if such cultivation or processing is for research purposes;(2) A nonrefundable biennial grower license fee of fifty dollars per acre of planned hemp plantings, provided any constituent unit of higher education, state agency or department shall be exempt from such license fee if such cultivation is for research purposes;(3) A nonrefundable processor licensing fee of two hundred fifty dollars for a license to process hemp provided any constituent unit of higher education, state agency or department shall be exempt from such license fee if such processing is for research purposes; and(4) In the event that resampling by the commissioner is required due to a test result that shows a violation of any provision of this section or any regulation adopted pursuant to this section, the licensee shall pay an inspection fee of fifty dollars. Such fee shall be paid prior to the inspection and collection of the sample to be used for resampling.(j) After receipt and review of an application for grower or processor licensure, the commissioner may grant a biennial license upon a finding that the applicant meets the applicable requirements. While the pilot program is in effect, the commissioner may grant a conditional approval of a grower license, pending receipt of the criminal history records check required by this section.(k) Whenever an inspection or investigation conducted by the commissioner pursuant to this title reveals any violation of this section or any regulation adopted thereunder, the grower, processor, license applicant or respondent, as applicable, shall be notified, in writing, of such violation and any corrective action to be taken and the time period within which such corrective action shall be taken. Any such grower, processor, license applicant or respondent may request a hearing, conducted in accordance with chapter 54, on any such notification.(l) Nothing in this section shall be construed to limit the commissioner's authority to issue a cease and desist order pursuant to section 22-4d, or an emergency order, in order to respond to a condition that may present a public health hazard, or issue orders necessary to effectuate the purposes of this section, including, but not limited to, orders for the embargo, destruction and release of hemp or hemp products. Any cease and desist order or an emergency order shall become effective upon service of such order by the commissioner. Following service of any such order, subsequent proceedings shall proceed in accordance with the provisions of section 22-4d and the rules of practice for such agency.(m) Following a hearing conducted in accordance with chapter 54, the commissioner may impose an administrative civil penalty, not to exceed two thousand five hundred dollars per violation, and suspend, revoke or place conditions upon any grower or processor licensee who violates the provisions of this section or any regulation adopted pursuant to this section.(n) (1) Any individual who cultivates or processes hemp in this state without obtaining a license pursuant to this section, or who cultivates or processes hemp in this state after having a license suspended or revoked may be fined two hundred fifty dollars in accordance with the provisions of section 51-164n.(2) Any business entity that cultivates or processes hemp in this state without obtaining a license pursuant to this section, or cultivates or processes hemp in this state after having a license suspended or revoked shall be fined not more than two thousand five hundred dollars per violation, after a hearing conducted in accordance with chapter 54.(o) Any negligent violation, as described in the federal act, of this section or the state plan shall be subject to enforcement in accordance with the federal act.(p) Any person aggrieved by an order issued pursuant to this section may appeal to the commissioner in accordance with the provisions of chapter 54. Such appeal shall be made in writing to the commissioner and received not later than fifteen days after the date of the order. If no appeal is made pursuant to this subsection the order shall be final.(q) All documents included in an application for a grower or processor license submitted under this section shall be subject to disclosure in accordance with chapter 14, except any document describing, depicting or otherwise outlining a licensee's security schematics and the results of any criminal history records check.(r) The commissioner may inspect and shall have access to the buildings, equipment, supplies, vehicles, records, real property and other information that the commissioner deems necessary to carry out the commissioner's duties pursuant to this section from any person participating in the planting, cultivating, harvesting, processing, marketing or researching of hemp.(s) The commissioner shall establish an inspection and testing program to determine THC levels and ensure compliance with the limits on THC concentration in all hemp grown in the state by a grower licensee. The grower shall collect a pre-harvest sample no more than fifteen days before the intended harvest date, in accordance with the commissioner's pre-­harvest hemp sampling protocol adopted in accordance with chapter 54 and published on the Internet web site of the Department of Agriculture. The grower and processor licensees shall be responsible for all costs of disposal of hemp samples and any hemp produced by a licensee that violates the provisions of this section or any regulation adopted pursuant to this section. A hemp sample fails THC testing if the test report indicates that the sample contains an average THC concentration greater than 0.3 per cent on a dry weight basis. The commissioner may order and conduct post-harvest sample THC testing of a plot if the results of an initial THC test on the pre-harvest sample provided and collected by the licensee indicate a THC concentration in the pre-harvest sample in excess of such permitted levels, unless the licensee elects to destroy the crop prior to post-harvest sample THC testing.(t) Nothing in this section shall be construed to apply to any licensee of palliative marijuana authorized pursuant to chapter 420f.(u) All licensees pursuant to this section shall maintain records required by the federal act, this section and any regulation adopted pursuant to this section. Each licensee shall make such records available to the department immediately upon request of the commissioner and in electronic format, if available.(v) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section including, but not limited to, establishing sampling and testing procedures to ensure compliance with the federal act and to prescribe disposal procedures for plants grown in violation of the federal act.(w) Notwithstanding any provision of the general statutes: (1) Marijuana does not include hemp or hemp products; (2) THC that does not exceed 0.3 per cent by dry weight and that is found in hemp shall not be considered to be THC that constitutes a controlled substance; (3) hemp-derived cannabidiols, including CBD, shall not constitute controlled substances or adulterants solely on the basis of containing CBD; and (4) hemp products that contain one or more hemp-derived cannabidiols, such as CBD, intended for ingestion shall be considered foods, not controlled substances or adulterated products solely on the basis of the containing hemp-derived cannabidiols.(x) Whenever the commissioner believes or has reasonable cause to believe that the actions of a licensee or any employee of a grower or processor licensee will violate any state law concerning the growing, cultivation, handling, transporting or possession of marijuana, the commissioner shall notify the Department of Emergency Services and Public Protection and the State Police.(y) The Commissioner of Agriculture may enter an agreement with any state or federally recognized Indian tribe to assist such tribe in the development of a pilot program under the federal act or to have applicants from such tribe participate in the pilot program established pursuant to subsection (b) of this section.(P.A. 19-3, S. 1; 19-117, S. 152, 153.)History: P.A. 19-3 effective May 9, 2019; P.A. 19-117 amended Subsecs.(a)(1) and (a)(12) to change reference from “delta-a” to “delta-9”, effective June 26, 2019.