reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420b - Dependency-Producing Drugs › Section 21a-271. (Formerly Sec. 19-474b). - Severability of provisions concerning drug paraphernalia.

If any section, part, clause or phrase in subdivision (20) of section 21a-240, section 21a-263, 21a-267, 21a-270 or this section, is for any reason held to be invalid or unconstitutional, sections, parts, clauses and phrases in said sections not held to be invalid or unconstitutional shall not be affected and shall remain in full force and effect.
(P.A. 80-224, S. 5.)
History: Sec. 19-474b transferred to Sec. 21a-271 in 1983.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420b - Dependency-Producing Drugs › Section 21a-273. (Formerly Sec. 19-476). - Substances exempt under federal law.

(a) No prescription or written order shall be required for those controlled substances and preparations which are permitted by federal food and drug laws to be sold or dispensed without a prescription or written order to the extent that the person selling or dispensing such controlled substances and preparations is authorized by licensure of the state of Connecticut to so sell or dispense.
(b) If, after due notice and hearing, the Commissioner of Consumer Protection determines that any pharmaceutical preparation exempted from the oral or written prescription requirement under the provisions of subsection (a) of this section does possess a degree of liability for drug abuse or dependence that, in his opinion is likely to result in abuse, he shall, by regulation pursuant to section 21a-243, so state. The determination shall be final and, after the expiration of a period of six months from the date of publication of the regulation, the exempt status shall cease to apply to the particular pharmaceutical preparation.
(1967, P.A. 555, S. 32; 1972, P.A. 278, S. 21; P.A. 73-681, S. 15, 29; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: 1972 act substituted “substances” for “drugs”; P.A. 73-681 replaced public health council with commissioner of consumer protection in Subsec. (b); Sec. 19-476 transferred to Sec. 21a-273 in 1983; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420b - Dependency-Producing Drugs › Section 21a-274. (Formerly Sec. 19-477). - Cooperation in enforcement of law.

(a) The Commissioners of Public Health and Consumer Protection and their authorized agents, police officers within their respective jurisdictions and all state's attorneys and prosecuting attorneys shall cooperate with each other and with other agencies charged with the enforcement of the laws of the United States, of this state and all other jurisdictions relative to controlled substances.
(b) Notwithstanding the provisions of section 21a-265 and chapter 55 said commissioners and their authorized agents may, in carrying out their duties under subsection (a), (1) exchange information relating to the issuance, suspension or revocation of a license issued by their respective agencies, or (2) exchange investigative information relating to violations of this chapter with each other, with state's attorneys and with other agencies charged with the enforcement of the laws of the United States, and of this state and all other jurisdictions relative to controlled substances.
(1967, P.A. 555, S. 33; 1972, P.A. 278, S. 29; P.A. 77-614, S. 323, 610; P.A. 79-117, S. 1, 2; P.A. 82-355, S. 3; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: 1972 act substituted “substances” for “drugs”; P.A. 77-614 replaced commissioner of health with commissioner of health services, effective January 1, 1979; P.A. 79-117 added Subsec. (b); P.A. 82-355 amended Subsec. (b) to authorize exchange of investigative information; Sec. 19-477 transferred to Sec. 21a-274 in 1983; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420b - Dependency-Producing Drugs › Section 21a-275. (Formerly Sec. 19-478). - Revocation or suspension of licenses by commissioner.

(a) If the Commissioner of Consumer Protection has reasonable cause to believe that a person licensed by him under section 21a-246, or any licensed practitioner, is violating or has violated any provision of sections 21a-243 to 21a-282, inclusive, relative to controlled substances, he may hold a hearing as to such violation upon reasonable notice and give opportunity to be heard to such licensee or practitioner.
(b) The commissioner may subpoena witnesses and papers on his own behalf and, if requested by the practitioner or licensee, may subpoena witnesses and papers in his behalf, may administer oaths, may compel the testimony of witnesses, may examine witnesses and may issue commissions to take testimony and testimony so taken and sworn to shall be admissible at such hearing. At such hearing the practitioner or licensee shall be entitled to representation by counsel.
(c) If the commissioner after a hearing finds that a person is violating or has violated any provision of sections 21a-243 to 21a-282, inclusive, he may revoke or suspend any license issued by him and forward his findings and the record upon which they are based to any other authority licensing such person with a recommendation that disciplinary action be taken.
(1967, P.A. 555, S. 34; 1969, P.A. 753, S. 17; 1972, P.A. 278, S. 22; P.A. 73-681, S. 16, 29; P.A. 74-338, S. 19, 94; P.A. 87-129, S. 7; P.A. 88-364, S. 28, 123; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: 1969 act added reference to cannabis-type drugs in Subsec. (a); 1972 act substituted “substances” for “drugs” and replaced reference to repealed Sec. 19-450 with reference to Sec. 19-451; P.A. 73-681 substituted “any licensed practitioner” for “pharmacist”, deleted exclusion for violations relative to narcotic or cannabis-type substances, deleted reference to hearings held by commissioner of health and removed obsolete provision re cooperation between consumer protection and health commissioners to avoid duplication of hearings; P.A. 74-338 made technical correction in Subsec. (c); Sec. 19-478 transferred to Sec. 21a-275 in 1983; P.A. 87-129 substituted reference to Sec. 21a-243 for Sec. 21a-242, repealed by the same act; P.A. 88-364 made technical change in Subsec. (c); June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
Cited. 207 C. 698.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420b - Dependency-Producing Drugs › Section 21a-276. (Formerly Sec. 19-479). - Discretion of commissioner to issue warning.

Nothing in sections 20-50, 20-576, 20-577, subdivision (3) of section 21a-92, subsection (e) of section 21a-115, sections 21a-240, 21a-243 to 21a-279, inclusive, and 21a-283, shall be construed as requiring the Commissioner of Consumer Protection to institute criminal or administrative action pursuant to said sections for violations thereof. In lieu of instituting criminal or administrative action pursuant to said sections, said commissioner may protect the public interest by serving suitable written notice or warning to the offending party or parties.
(1967, P.A. 555, S. 35; 1972, P.A. 278, S. 23; P.A. 73-681, S. 17, 29; P.A. 79-379, S. 4; P.A. 86-403, S. 46, 132; P.A. 87-129, S. 8; P.A. 88-364, S. 29, 123; P.A. 95-264, S. 60; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: 1972 act replaced reference to repealed Sec. 19-450 with reference to Sec. 19-451; P.A. 73-681 removed references to actions instituted by commissioner of health; P.A. 79-379 replaced “subsection (b)” with “subdivision (3)” of Sec. 19-212; Sec. 19-479 transferred to Sec. 21a-276 in 1983; P.A. 86-403 made technical change; P.A. 87-129 substituted reference to Sec. 21a-243 for Sec. 21a-242, repealed by the same act; P.A. 88-364 made technical change in section; P.A. 95-264 made technical changes; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420b - Dependency-Producing Drugs › Section 21a-278b. - Penalty for illegal manufacture, distribution, sale, prescription administration or growing of cannabis or cannabis products.

(a) No person may manufacture, distribute, sell, prescribe, dispense, compound, transport with the intent to sell or dispense, possess with the intent to sell or dispense, offer, give or administer to another person cannabis or cannabis products, except as authorized in chapter 420b or 420f or sections 21a-420n, 21a-420p, 21a-420r to 21a-420t, inclusive, or 21a-420w to 21a-420z, inclusive.
(b) (1) Except as provided in subsection (c) or (d) of this section, any person eighteen years of age or older who violates subsection (a) of this section (A) for a first offense, shall be guilty of a class B misdemeanor, and (B) for any subsequent offense, shall be guilty of a class A misdemeanor.
(2) Any person under eighteen years of age who violates subsection (a) of this section shall be adjudicated delinquent pursuant to the provisions of section 46b-120.
(c) Any person eighteen years of age or older who violates subsection (a) of this section by manufacturing, distributing, selling, prescribing, compounding, transporting with the intent to sell or dispense, possessing with the intent to sell or dispense, offering, giving or administering to another person less than eight ounces of cannabis plant material, as defined in section 21a-279a, or an equivalent amount of cannabis products or a combination of cannabis and cannabis products, as provided in subsection (i) of section 21a-279a, (1) for a first offense, shall be fined not more than five hundred dollars, and (2) for any subsequent offense, shall be guilty of a class C misdemeanor.
(d) Any person eighteen years of age or older who before July 1, 2023, violates subsection (a) of this section by growing up to three mature cannabis plants and three immature cannabis plants in such person's own residence for personal use (1) for a first offense, shall be issued a written warning, (2) for a second offense, shall be fined not more than five hundred dollars, and (3) for any subsequent offense, shall be guilty of a class D misdemeanor. If evidence of a violation of this subsection is found in the course of any law enforcement activity other than investigation of a violation of this subsection or section 21a-278 or 21a-279a, such evidence shall not be admissible in any criminal proceeding.
(June Sp. Sess. P.A. 21-1, S. 13.)
History: June Sp. Sess. P.A. 21-1 effective July 1, 2021.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420b - Dependency-Producing Drugs › Section 21a-278c. - (Note: This section is effective July 1, 2023.) Cultivation of cannabis plants in consumer's primary residence.

Notwithstanding the provisions of section 21a-278b, any consumer may cultivate up to three mature cannabis plants and three immature cannabis plants in the consumer's primary residence, provided such plants are secure from access by any individual other than the consumer and no more than twelve cannabis plants may be grown at any given time per household.
(June Sp. Sess. P.A. 21-1, S. 162.)
History: June Sp. Sess. P.A. 21-1 effective July 1, 2023.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420b - Dependency-Producing Drugs › Section 21a-279b. - Construction of public act 15-2 of the June special session* re violations of section 21a-279.

The provisions of public act 15-2 of the June special session* concerning a person who is convicted of a violation of section 21a-279 shall not be construed in a manner that changes such person's eligibility to hold a certificate under sections 7-294d, 29-36f and 29-37p or a permit under section 29-28 or such person's ability to possess a firearm, ammunition or an electronic weapon under sections 53a-217 and 53a-217c.
(June Sp. Sess. P.A. 15-2, S. 21.)
*Note: Public act 15-2 of the June special session is entitled “An Act Implementing Provisions of the State Budget for the Biennium Ending June 30, 2017, Concerning General Government Provisions Relating to Criminal Justice”. (See Reference Table captioned “Public Acts of June, 2015” in Volume 16 which lists the sections amended, created or repealed by the act.)
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420b - Dependency-Producing Drugs › Section 21a-279c. - Exceptions for seeking medical assistance for medical distress from use of cannabis.

The provisions of subsections (b) to (e), inclusive, of section 21a-279a, and sections 21a-278b, 21a-421aaa, 21a-421ccc and 21a-421ddd shall not apply to any person (1) who, in good faith, seeks medical assistance for another person who such person reasonably believes is experiencing medical distress from the use of cannabis; (2) for whom another person, in good faith, seeks medical assistance, reasonably believing such person is experiencing medical distress from the use of cannabis; or (3) who reasonably believes he or she is experiencing medical distress from the use of cannabis and, in good faith, seeks medical assistance for himself or herself, if evidence of the possession or control of cannabis in violation of such provisions 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.
(June Sp. Sess. P.A. 21-1, S. 7.)
History: June Sp. Sess. P.A. 21-1 effective July 1, 2021.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420b - Dependency-Producing Drugs › Section 21a-279d. - Cannabis given by one consumer to another.

Any consumer may give cannabis to another consumer, without compensation or consideration, provided such consumer reasonably believes such other consumer may possess such cannabis without exceeding the possession limit pursuant to subsection (a) of section 21a-279a.
(June Sp. Sess. P.A. 21-1, S. 14.)
History: June Sp. Sess. P.A. 21-1 effective July 1, 2021.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420b - Dependency-Producing Drugs › Section 21a-280. (Formerly Sec. 19-481a). - Breathing of anesthesia not violation.

The breathing, inhalation, sniffing or drinking of anesthesia for medical or dental purposes under the direction of a physician or dentist, acting in the course of his professional practice, is determined to be a licit purpose and not in contravention of the provisions of this chapter.
(1969, P.A. 391, S. 3.)
History: Sec. 19-481a transferred to Sec. 21a-280 in 1983.
Annotations to former section 19-481a:
It was proper for jury to have before it evidence indicating defendant's own use of narcotics since there is nothing in statute to support claim that possession becomes legal when drug is for personal use. 159 C. 521. Cited. 160 C. 140.
Cited. 30 CS 211.
Cited. 6 Conn. Cir. Ct. 548.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420b - Dependency-Producing Drugs › Section 21a-281. (Formerly Sec. 19-481b). - Presumption of psychological dependence on volatile substances.

One who is found to have inhaled or to be under the influence of one or more of the volatile substances enumerated in subdivision (49) of section 21a-240 shall be presumed to be psychologically dependent upon such volatile substance or substances.
(1969, P.A. 391, S. 5; 1972, P.A. 278, S. 27; P.A. 85-613, S. 63, 154.)
History: 1972 act corrected reference to Sec. 19-443; Sec. 19-481b transferred to Sec. 21a-281 in 1983; P.A. 85-613 made technical change.
Annotations to former section 19-481b:
Cited. 30 CS 211.
Cited. 6 Conn. Cir. Ct. 548.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420b - Dependency-Producing Drugs › Section 21a-282. (Formerly Sec. 19-482). - No prosecution where federal action has been taken.

No person shall be prosecuted for a violation of any provision of sections 21a-243 to 21a-282, inclusive, if such person has been acquitted or convicted under the federal Controlled Substances Act or under the federal food and drug laws for the same act or omission which, it is alleged, constitutes a violation of said sections.
(1967, P.A. 555, S. 39; 1972, P.A. 278, S. 28; P.A. 87-129, S. 9.)
History: 1972 act replaced reference to repealed Sec. 19-450 with reference to Sec. 19-451 and replaced “federal narcotic laws” with “Federal Controlled Substances Act”; Sec. 19-482 transferred to Sec. 21a-282 in 1983; P.A. 87-129 substituted reference to Sec. 21a-243 for Sec. 21a-242, repealed by the same act.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420b - Dependency-Producing Drugs › Section 21a-283a. - Court authorized to depart from imposing mandatory minimum sentence.

Notwithstanding any provision of the general statutes, when sentencing a person convicted of a violation of any provision of this chapter, except a violation of subsection (a) or (c) of section 21a-278a, for which there is a mandatory minimum sentence, which did not involve the use, attempted use or threatened use of physical force against another person or result in the physical injury or serious physical injury of another person, and in the commission of which such person neither was armed with nor threatened the use of or displayed or represented by word or conduct that such person possessed any firearm, deadly weapon or dangerous instrument, as those terms are defined in section 53a-3, the court may, upon a showing of good cause by the defendant, depart from the prescribed mandatory minimum sentence, provided the provisions of this section have not previously been invoked on the defendant's behalf and the court, at the time of sentencing, states in open court the reasons for imposing the particular sentence and the specific reason for imposing a sentence that departs from the prescribed mandatory minimum sentence.
(P.A. 01-99, S. 1, 2; P.A. 04-234, S. 36; 04-257, S. 136.)
History: P.A. 01-99 effective July 1, 2001; P.A. 04-234, Sec. 36 repealed section, effective June 8, 2004; P.A. 04-257 subsequently preserved section by repealing Sec. 36 of P.A. 04-234, effective June 14, 2004.
The words “have not previously been invoked” are plain and unambiguous and are temporally related to the time of sentencing. 291 C. 373.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420b - Dependency-Producing Drugs › Section 21a-284 and 21a-285. (Formerly Secs. 19-484 and 19-485). - Suspension of prosecution for treatment for drug dependence; dismissal of charges. Order for treatment in addition to penalties on conviction; penalty for unauthorized departure from hospital.

Sections 21a-284 and 21a-285 are repealed.
(1967, P.A. 555, S. 40, 41; 1969, P.A. 753, S. 21–24; 1971, P.A. 871, S. 94; P.A. 79-585, S. 2, 3, 15; P.A. 86-371, S. 32, 33, 45; P.A. 89-390, S. 36, 37.)
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420b - Dependency-Producing Drugs › Section 21a-286. - Agreements for distribution and administration of opioid antagonists. Regulations.

(a) For purposes of this section:
(1) “Opioid antagonist” shall have the meaning set forth in section 17a-714a.
(2) “Prescribing practitioner” shall have the meaning set forth in section 20-14c.
(3) “Pharmacist” shall have the meaning set forth in section 20-609a.
(b) A prescribing practitioner or a pharmacist certified to prescribe naloxone pursuant to section 20-633c may enter into an agreement with a law enforcement agency, emergency medical service provider, government agency, community health organization or local or regional board of education related to the distribution and administration of an opioid antagonist for the reversal of an opioid overdose. The prescribing practitioner or pharmacist shall provide training to persons who will distribute or administer the opioid antagonist pursuant to the terms of the agreement. Persons other than the prescribing practitioner or pharmacist shall receive training in the distribution or administration of opioid antagonists prior to distributing or administering an opioid antagonist. The agreement shall address the storage, handling, labeling, recalls and recordkeeping of opioid antagonists by the law enforcement agency, emergency medical service provider, government agency, community health organization or local or regional board of education which is party to the agreement.
(c) A prescribing practitioner or pharmacist who enters into an agreement pursuant to subsection (b) of this section shall not be liable for damages in a civil action or subject to administrative or criminal prosecution for the administration or dispensing of an opioid antagonist by such law enforcement agency, emergency medical service provider, government agency, community health organization or local or regional board of education.
(d) The Commissioner of Consumer Protection may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.
(P.A. 18-166, S. 3; P.A. 22-80, S. 8.)
History: P.A. 18-166 effective July 1, 2018; P.A. 22-80 amended Subsecs. (b) and (c) by adding “or local or regional board of education” and making conforming changes, effective July 1, 2022.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420b - Dependency-Producing Drugs › Section 21a-301 to 21a-305. (Formerly Secs. 19-504a, 19-504c to 19-504e, - Definitions. Regulations. Inspections of: Institutional pharmacies, pharmacist's drug rooms and dispensing outpatient facilities; correctional and juvenile training institutions and care-giving institutions. Reports by care-giving, correctional and juvenile training institutions.

Sections 21a-301 to 21a-305, inclusive, are repealed.
(1969, P.A. 593, S. 1, 3–5, 7; P.A. 73-681, S. 19–21, 29; P.A. 77-614, S. 323, 587, 610; P.A. 78-303, S. 85, 136; P.A. 79-379, S. 5; P.A. 86-403, S. 47, 132; P.A. 93-381, S. 9, 39; P.A. 95-264, S. 70.)
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420b - Dependency-Producing Drugs › Section 21a-307. (Formerly Sec. 19-504i). - Definitions re dispensing of drugs.

Section 21a-307 is repealed.
(1969, P.A. 593, S. 17; P.A. 73-681, S. 22, 29; P.A. 75-176, S. 2; P.A. 81-200, S. 1; P.A. 82-472, S. 69, 183; P.A. 91-47, S. 1; P.A. 95-264, S. 70.)
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420c - Controlled Substance Registration › Section 21a-316. (Formerly Sec. 19-504k). - “Practitioner” defined.

As used in this chapter, “practitioner” means: (1) A physician, dentist, veterinarian, podiatrist, optometrist, physician assistant licensed pursuant to section 20-12b, advanced practice registered nurse as defined in subsection (b) of section 20-87a, nurse-midwife, 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; (2) a 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.
(P.A. 77-485, S. 1, 13; P.A. 89-389, S. 15, 22; P.A. 90-211, S. 15, 23; P.A. 96-70, S. 3; P.A. 99-102, S. 39.)
History: Sec. 19-504k transferred to Sec. 21a-316 in 1983 and alphabetic Subdiv. indicators replaced editorially by the Revisors with numeric indicators for consistency with general practice elsewhere in general statutes; P.A. 89-389 added advanced practice registered nurse and nurse-midwife to the definition of practitioner; P.A. 90-211 redefined “practitioner” to include physician assistants; P.A. 96-70 redefined “practitioner” to include optometrists; P.A. 99-102 deleted obsolete reference to osteopathy.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420c - Controlled Substance Registration › Section 21a-318. (Formerly Sec. 19-504m). - Application form. Fee. Exemptions.

An application for registration pursuant to this chapter shall be made upon a form provided by the Commissioner of Consumer Protection and shall be accompanied by a fee of twenty dollars for biennial registration, except that a practitioner who obtains such registration pursuant to the practitioner's employment with a municipality, this state or the federal government shall not be required to pay the fee.
(P.A. 77-485, S. 3, 13; P.A. 78-134, S. 1; P.A. 82-355, S. 4, 8; P.A. 89-251, S. 157, 203; P.A. 99-175, S. 50; P.A. 00-182, S. 6; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; P.A. 08-25, S. 1.)
History: P.A. 78-134 exempted certain persons and facilities from payment of fee; P.A. 82-355 amended section to provide for biennial licensure effective January 1, 1983, doubling fee accordingly; Sec. 19-504m transferred to Sec. 21a-318 in 1983; P.A. 89-251 increased the fee from $20 to $25; P.A. 99-175 limited exemption from payment of biennial licensure fee to practitioners who obtain registration pursuant to municipal, state or federal government employment; P.A. 00-182 replaced provisions re $25 biennial licensure fee with provisions re $10 annual registration fee; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 08-25 changed annual $10 registration fee to biennial $20 registration fee.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420c - Controlled Substance Registration › Section 21a-319. (Formerly Sec. 19-504n). - Professional or institutional approval to precede registration. Inactive status. Reinstatement.

(a) No certificate of registration shall be issued, maintained or renewed under this chapter unless or until the applicant has furnished proof satisfactory to the Commissioner of Consumer Protection that he or she is licensed or duly authorized to practice his or her profession by the appropriate state licensing board, commission or registration agency; or, in the case of a hospital or other institution, by the appropriate state agency having jurisdiction over the licensure, registration or approval of such establishment.
(b) The Commissioner of Consumer Protection may change the status of a controlled substance registration to inactive for any practitioner who fails to maintain a license, registration or approval of a license to practice his or her medical profession for a period longer than ninety days. Such change in license status shall not be considered disciplinary and the registration shall be reinstated without additional fee, if the practitioner restores his or her license, registration or approval to practice his or her profession with the Department of Public Health or associated board or commission, and the reinstatement occurs prior to the expiration of the controlled substance registration.
(P.A. 77-485, S. 4, 13; June 30 Sp. Sess. P.A. 03-6, S. 146; P.A. 04-189, S. 1; P.A. 11-121, S. 5; P.A. 21-37, S. 44.)
History: Sec. 19-504n transferred to Sec. 21a-319 in 1983; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 11-121 added “maintained or renewed” re certificate, effective January 1, 2012; P.A. 21-37 designated existing provisions as Subsec. (a) and added Subsec. (b) re inactive status of controlled substance registration for practitioners and reinstatement.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420c - Controlled Substance Registration › Section 21a-320. (Formerly Sec. 19-504o). - Public interest standard for registration.

The commissioner shall register an applicant unless he or she determines that the issuance of such registration is inconsistent with the public interest. In determining the public interest, the commissioner shall consider the following factors:
(1) Maintenance of effective controls against diversion of controlled substances into other than duly authorized legitimate medical, scientific, or commercial channels;
(2) Compliance with all applicable state and federal laws and regulations concerning controlled substances;
(3) Any conviction of the applicant under any state or federal law relating to controlled substances;
(4) Furnishing by the applicant of false or fraudulent information or material in any application filed under this chapter;
(5) Expiration, suspension, revocation, surrender or denial of the practitioner's federal controlled substance registration;
(6) Prescribing, distributing, administering or dispensing of controlled substances in schedules other than those specified in the practitioner's state or federal registration; and
(7) Suspension, revocation, expiration or surrender of, or other disciplinary action taken against, any professional license or registration held by the practitioner.
(P.A. 77-485, S. 6, 13; P.A. 11-121, S. 6.)
History: Sec. 19-504o transferred to Sec. 21a-320 in 1983 and alphabetic Subdiv. indicators replaced with numeric indicators for consistency with general practice throughout general statutes; P.A. 11-121 added Subdiv. (7) re disciplinary action taken against professional license or registration held by practitioner, effective January 1, 2012.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420c - Controlled Substance Registration › Section 21a-321. (Formerly Sec. 19-504p). - Renewal of registration. Fee.

Registration may be renewed by application to the Commissioner of Consumer Protection. Renewal applications shall be in such form as the commissioner shall prescribe and shall be accompanied by a biennial renewal fee of forty dollars. A separate fee shall be required for each place of business or professional practice where the practitioner stores, distributes or dispenses controlled substances.
(P.A. 77-485, S. 5, 13; P.A. 82-355, S. 5, 8; P.A. 94-36, S. 9, 42; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; P.A. 08-25, S. 2; June Sp. Sess. P.A. 09-3, S. 290.)
History: P.A. 82-355 provided for biennial licensure with phase-in during even-numbered months of 1983; Sec. 19-504p transferred to Sec. 21a-321 in 1983; P.A. 94-36 replaced biennial registration with annual registration, deleted alphabetical schedule of registration renewal and deleted provision concerning calendar year 1983, effective January 1, 1995; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 08-25 changed annual $10 registration fee to biennial $20 registration fee; June Sp. Sess. P.A. 09-3 increased biennial renewal fee from $20 to $40.
See Sec. 21a-10(b) re staggered schedule for license renewals.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420c - Controlled Substance Registration › Section 21a-323. (Formerly Sec. 19-504r). - Hearing re refusal to renew registration or re denial, suspension or revocation of registration.

Before denying, suspending, revoking or refusing to renew a registration, the commissioner shall afford the applicant an opportunity for hearing in accordance with the provisions of chapter 54. Notice of such hearing shall be given by certified mail. The commissioner may subpoena witnesses and require the production of records, papers and documents pertinent to such hearing.
(P.A. 77-485, S. 7, 13; P.A. 85-275, S. 2.)
History: Sec. 19-504r transferred to Sec. 21a-323 in 1983; P.A. 85-275 provided that an applicant for renewal of a registration shall have an opportunity for a hearing before the commissioner refuses such renewal and granted the commissioner subpoena power in connection with hearings.
Cited. 207 C. 698.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420c - Controlled Substance Registration › Section 21a-324. (Formerly Sec. 19-504s). - Voluntary surrender of certificate; effect upon registration.

A practitioner may at any time voluntarily surrender his or her state controlled substance certificate of registration for any or all schedules of controlled substances for any of the following reasons: (1) As an indication of his or her good faith in desiring to remedy any incorrect or unlawful practices or (2) as a voluntary act arising out of his or her desire to terminate prescribing or handling of controlled substances in any or all schedules. Any such voluntary surrender shall constitute authority for the Commissioner of Consumer Protection or his or her authorized agent to terminate and revoke any state controlled substance registration without a hearing or any other proceeding.
(P.A. 77-485, S. 10, 13; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: Sec. 19-504s transferred to Sec. 21a-324 in 1983 and alphabetic Subdiv. indicators replaced with numeric indicators for consistency with general practice throughout general statutes; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420c - Controlled Substance Registration › Section 21a-325. (Formerly Sec. 19-504t). - Disposal of controlled substances upon surrender of registration.

Upon the surrender of a controlled substance certificate of registration for any or all schedules of controlled substances, as defined in section 21a-243, the registrant shall dispose of stocks of controlled substances as provided in regulations adopted under section 21a-262 or by following the procedure for disposition of controlled substances as outlined in Section 1307.21 of the Code of Federal Regulations or any successor regulation.
(P.A. 77-485, S. 9, 13; P.A. 87-129, S. 11.)
History: Sec. 19-504t transferred to Sec. 21a-325 in 1983; P.A. 87-129 substituted reference to Sec. 21a-243 for Sec. 21a-242, repealed by the same act.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420c - Controlled Substance Registration › Section 21a-326. (Formerly Sec. 19-504u). - Regulations.

The Commissioner of Consumer Protection may adopt such regulations as may be necessary to administer and enforce the provisions of this chapter.
(P.A. 77-485, S. 11, 13; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: Sec. 19-504u transferred to Sec. 21a-326 in 1983; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420c - Controlled Substance Registration › Section 21a-327. (Formerly Sec. 19-504v). - Pharmacies, pharmacists and nurses exempt from chapter.

Nothing in this chapter shall be construed to include pharmacies or pharmacists licensed under chapter 400j or nurses licensed under chapter 378 who are not advanced practice registered nurses.
(P.A. 77-485, S. 12, 13; P.A. 86-76, S. 1, 2; P.A. 89-389, S. 16, 22; P.A. 90-211, S. 16, 23; P.A. 95-264, S. 61.)
History: Sec. 19-504v transferred to Sec. 21a-327 in 1983; P.A. 86-76 exempted physician assistants from provisions of chapter; P.A. 89-389 specified that the exemption for nurses only applied to nurses who are not advanced practice registered nurses; P.A. 90-211 removed reference to physician assistants; P.A. 95-264 made technical changes.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420c - Controlled Substance Registration › Section 21a-328. (Formerly Sec. 19-504w). - Penalty for failure to register.

Upon the failure of a practitioner, as defined in section 21a-316, to comply with the provisions of this chapter the Attorney General at the request of the Commissioner of Consumer Protection is authorized to apply in the name of the state of Connecticut to the Superior Court for an order temporarily or permanently restraining and enjoining any practitioner from distributing, administering, dispensing or prescribing any controlled substance.
(P.A. 78-134, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: Sec. 19-504w transferred to Sec. 21a-328 in 1983; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420d - State Child Protection Act › Section 21a-336. (Formerly Sec. 19-559). - Regulations. Lead content standard.

(a) Whenever in the judgment of the administrator such action will promote the objectives of sections 21a-335 to 21a-346, inclusive, by avoiding or resolving uncertainty as to application, the administrator may, by regulation, declare to be a hazardous substance, for the purposes of said sections, any substance or mixture of substances which he finds meets the requirements of subdivision (1) of subsection (e) of section 21a-335.
(b) The administrator may, in addition to regulations adopted under subsection (a) of this section, adopt regulations establishing safety requirements, safety standards, banned hazardous substances, labeling requirements and testing procedures for articles subject to sections 21a-335 to 21a-346, inclusive.
(c) If the administrator finds that the hazard of an article subject to sections 21a-335 to 21a-346, inclusive, is such that labeling adequate to protect the public health and safety cannot be devised, or the article presents an imminent danger to the public health and safety, the administrator may by regulation declare such article to be a banned hazardous substance and require its removal from commerce. The administrator shall compile, within available appropriations, and from time to time amend, a list of toys and other articles which are intended for use by children and which are classified as banned hazardous substances, and shall post such list in a conspicuous place on the department's web site. Such list shall be publicly accessible and searchable.
(d) On and after July 1, 2011, if the administrator determines that a standard stricter than one hundred parts per million total lead content by weight for any part of a children's product is feasible, the administrator may adopt regulations, in accordance with chapter 54 to establish such stricter standard pursuant to subparagraph (B) of subsection (p) of section 21a-335 that is as low as forty parts per million total lead content by weight for any part of such product.
(1971, P.A. 121, S. 2; P.A. 76-121, S. 2; P.A. 08-106, S. 3, 8; 08-122, S. 2.)
History: P.A. 76-121 replaced provisions of Subsec. (b) re administrator's discretionary power to vary or add label requirements with new provisions, deleted Subsec. (c) re exemptions from label requirements for cases where size or package or minor hazard is a factor, redesignated remaining Subsec. accordingly and made compilation of toy list optional rather than mandatory; Sec. 19-559 transferred to Sec. 21a-336 in 1983; P.A. 08-106 made a technical change in Subsec. (b), amended Subsec. (c) by changing “may” to “shall” re compilation of list and adding requirement re posting accessible and searchable list on web site and added Subsec. (d) re lead content standard; P.A. 08-122 amended Subsec. (c) to add “within available appropriations”.
See Sec. 21a-342 re adoption of regulations for enforcement of chapter.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420d - State Child Protection Act › Section 21a-338. (Formerly Sec. 19-561). - Penalty.

(a) Any person who violates any of the provisions of section 21a-337 shall be guilty of a class B misdemeanor but an offense committed with intent to defraud or mislead, or a second or subsequent offense, shall be an unclassified misdemeanor for which the penalty shall be imprisonment for not more than one year, or a fine of not more than five thousand dollars or both such imprisonment and fine.
(b) No person shall be subject to the penalties of subsection (a) of this section, (1) for having violated subdivision (4) of section 21a-337 if the receipt, delivery or proffered delivery of the hazardous substance was made in good faith, unless such person refuses to furnish, on request of an officer or employee duly designated by the administrator, the name and address of the individual or entity from whom such person purchased or received such hazardous substance, and copies of all documents, if any there be, pertaining to the delivery of the hazardous substance to such person; or (2) for having violated subdivision (1) of said section 21a-337, if such person establishes a guarantee or undertaking signed by, and containing the name and address of, the person residing in the United States from whom such person received in good faith the hazardous substance, to the effect that the hazardous substance is not a misbranded hazardous substance or a banned hazardous substance within the meaning of those terms in sections 21a-335 to 21a-346, inclusive.
(1971, P.A. 121, S. 4; P.A. 08-106, S. 7.)
History: Sec. 19-561 transferred to Sec. 21a-338 in 1983; P.A. 08-106 amended Subsec. (a) by changing violation from class C to class B misdemeanor and increasing fine from $3,000 to $5,000 and made technical changes in Subsec. (b).
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420d - State Child Protection Act › Section 21a-339. (Formerly Sec. 19-562). - Injunction.

In addition to the remedies hereinafter provided, the administrator is authorized to apply to the Superior Court for, and said court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of section 21a-337, irrespective of whether or not there exists an adequate remedy at law.
(1971, P.A. 121, S. 5.)
History: Sec. 19-562 transferred to Sec. 21a-339 in 1983.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420d - State Child Protection Act › Section 21a-341. (Formerly Sec. 19-564). - Institution of criminal proceedings.

Section 21a-341 is repealed.
(1971, P.A. 121, S. 7; P.A. 76-436, S. 597, 681; P.A. 85-242, S. 2.)
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420d - State Child Protection Act › Section 21a-342. (Formerly Sec. 19-565). - Regulations.

The administrator may promulgate such regulations as are required for the efficient enforcement of sections 21a-335 to 21a-346, inclusive, and shall cause such regulations to conform, insofar as is practicable, with the regulations established pursuant to the federal Hazardous Substances Act.
(1971, P.A. 121, S. 8.)
History: Sec. 19-565 transferred to Sec. 21a-342 in 1983.
See Sec. 21a-336 re adoption of regulations declaring substances to be hazardous, re safety requirements, safety standards, etc.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420d - State Child Protection Act › Section 21a-343. (Formerly Sec. 19-566). - Inspections. Obtaining of samples. Unfair or deceptive trade practice.

(a) For the purposes of enforcement of sections 21a-335 to 21a-346, inclusive, officers or employees duly designated by the administrator, upon presenting appropriate credentials to the owner, operator or agent in charge, are authorized (1) to enter, at reasonable times, any factory, warehouse or establishment in which hazardous substances are manufactured, processed, packed or held for introduction into commerce or are held after such introduction, or to enter any vehicle being used to transport or hold such hazardous substances in commerce; (2) to inspect, at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment or vehicle, and all pertinent equipment, finished and unfinished materials, and labeling therein; and (3) to obtain samples of such materials or packages thereof, or of such labeling.
(b) If the officer or employee obtains any sample, prior to leaving the premises, such officer or employee shall pay or offer to pay the owner, operator or agent in charge for such sample and give a receipt describing the samples obtained.
(c) Failure to permit entry or inspection as authorized by subsection (a) of this section shall be deemed an unfair or deceptive trade practice pursuant to section 42-110b.
(1971, P.A. 121, S. 9; P.A. 08-106, S. 11.)
History: Sec. 19-566 transferred to Sec. 21a-343 in 1983; P.A. 08-106 made a technical change in Subsec. (b) and added Subsec. (c) re unfair or deceptive trade practice.
2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420d - State Child Protection Act › Section 21a-344. (Formerly Sec. 19-567). - Access to records.

For the purpose of enforcing the provisions of sections 21a-335 to 21a-346, inclusive, carriers engaged in commerce and persons receiving hazardous substances in commerce or holding such hazardous substances so received shall, upon the request of an officer or employee duly designated by the administrator, permit such officer or employee, at reasonable times, to have access to and to copy all records showing the movement in commerce of any such hazardous substances, or the holding thereof during or after such movement, and the quantity, shipper and consignee thereof; and no such carrier or person shall fail to permit such access to and copying of any record so requested when such request is accompanied by a statement in writing specifying the nature or kind of such hazardous substance to which such request relates; provided evidence obtained under this section shall not be used in a criminal prosecution of the person from whom obtained and provided carriers shall not be subject to the other provisions of said sections by reason of their receipt, carriage, holding or delivery of hazardous substances in the usual course of business as carriers.
(1971, P.A. 121, S. 10.)
History: Sec. 19-567 transferred to Sec. 21a-344 in 1983.