Connecticut Administrative Code › Title 21a - Consumer Protection › 408 - Palliative Use of Marijuana › Section 21a-408-12 - Establishment of additional debilitating medical conditions, medical treatments or diseases

Current through July 10, 2024
(a) The
			 commissioner shall not add a medical condition, medical treatment or disease to
			 the list of debilitating medical conditions under the Act unless the
			 appropriateness of adding the condition, treatment or disease has been
			 considered by the board, the board has submitted a written recommendation to
			 the commissioner in accordance with this section and the commissioner has
			 adopted a regulation in accordance with subsection (i) of this
			 section.
(b) Persons seeking to add
			 a medical condition, medical treatment or disease to the list of debilitating
			 medical conditions under the Act shall submit a written petition on a form
			 prescribed by the commissioner and request that the commissioner present the
			 petition to the board.
(c) The
			 commissioner may deny a request to present a petition to the board if it does
			 not include all of the information required on the form prescribed by the
			 commissioner.
(d) If a medical
			 condition, medical treatment or disease in a petition has been previously
			 considered and rejected by the commissioner, or is determined by the
			 commissioner to be substantially similar to such a rejected condition,
			 treatment or disease, the commissioner may deny the petition without first
			 submitting it to the board unless new scientific research supporting the
			 request is included in the petition.
(e) If a written petition meets the
			 requirements of this section, the commissioner shall refer the written petition
			 to the board for a public hearing at the next board meeting that is at least
			 sixty days after the date the petition was submitted and at which the board
			 will be considering petitions.
(f)
			 At least twice per year, a quorum of the board shall conduct a public hearing
			 to evaluate any petitions referred to it by the commissioner and to consider
			 any other medical conditions, medical treatments or diseases that the board, on
			 its own initiative, believes should be reviewed for possible inclusion on the
			 list of debilitating medical conditions under the Act.
(g) In addition to information provided in a
			 petition, the board may examine scientific, medical or other evidence and
			 research pertaining to the petition, and may gather information, in person or
			 in writing, from other persons knowledgeable about the medical condition,
			 medical treatment or disease being considered.
(h) Following the public hearing, the board
			 shall consider the public comments and any additional information or expertise
			 made available to the board for each proposed debilitating medical condition
			 considered at the hearing. The board shall issue a written recommendation to
			 the commissioner as to whether the medical condition, medical treatment or
			 disease should be added to the list of debilitating medical conditions that
			 qualify for the palliative use of marijuana. The board shall include in its
			 recommendation the following:
(1) Whether the
			 medical condition, medical treatment or disease is debilitating;
(2) Whether marijuana is more likely than not
			 to have the potential to be beneficial to treat or alleviate the debilitation
			 associated with the medical condition, medical treatment or disease;
			 and
(3) Other matters that the
			 board considers relevant to the approval or the denial of the
			 petition.