Connecticut Administrative Code › Title 21a - Consumer Protection › 408 - Palliative Use of Marijuana › Section 21a-408-32 - Disciplinary action against dispensary facility, dispensary facility employee, producer, production facility employee, laboratory, laboratory employee, research program or research program employee

Current through July 10, 2024
(a) For
			 sufficient cause found in accordance with subsection (b) of this section, the
			 commissioner may, in the commissioner's discretion, suspend, revoke or refuse
			 to grant or renew a license or registration issued pursuant to sections
			 21a-408-13 to
			 21a-408-25, inclusive, of the
			 Regulations of Connecticut State Agencies, or place such license or
			 registration on probation, place conditions on such license or registration, or
			 take other actions permitted by statute or regulation. For purposes of this
			 section, each instance of qualifying patient, primary caregiver or research
			 program subject contact or consultation that is in violation of any provision
			 of sections
			 21a-408-1 to 21a-408-72,
			 inclusive, of the Regulations of Connecticut State Agencies, shall be deemed a
			 separate offense. Failure to renew any license or registration in a timely
			 manner is not a violation for purposes of this section.
(b) Any of the following shall be sufficient
			 cause for such action by the commissioner:
(1) Furnishing of false or fraudulent
			 information in any application;
(2)
			 Any criminal conviction under federal or state statutes, or regulations or
			 local ordinances, unless the act subject to the conviction occurred when the
			 person held a valid license or registration certificate issued pursuant to the
			 Act and sections
			 21a-408-1 to 21a-408-72,
			 inclusive, of the Regulations of Connecticut State Agencies and the conviction
			 was based on a federal statute or regulation related to the possession,
			 purchase or sale of marijuana that is authorized under the Act and sections
			 21a-408-1 to 21a-408-72,
			 inclusive, of the Regulations of Connecticut State Agencies;
(3) Any civil action under any federal or
			 state statute, or regulation or local ordinance relating to the applicant's,
			 licensee's or registrant's profession, or involving drugs, medical devices or
			 fraudulent practices, including, but not limited to, fraudulent billing
			 practices;
(4) Failure to maintain
			 effective controls against diversion, theft or loss of marijuana or other
			 controlled substances;
(5)
			 Discipline by, or a pending disciplinary action or unresolved complaint, with
			 regard to any professional license or registration of any federal, state or
			 local government;
(6) Abuse or
			 excessive use of drugs or alcohol;
(7) Possession, use, prescription for use or
			 distribution of controlled substances or legend drugs, except for therapeutic
			 or other proper medical or scientific purpose;
(8) Failure to account for the disposition of
			 marijuana;
(9) Failure to keep
			 accurate records of all marijuana dispensed, administered or sold to qualifying
			 patients, primary caregivers or research program subjects;
(10) Failure to keep accurate records of all
			 marijuana produced, manufactured, packaged or sold to a dispensary, dispensary
			 facility or research program;
(11)
			 Denial, suspension or revocation of a license or registration, or the denial of
			 a renewal of a license or registration, by any federal, state or local
			 government or a foreign jurisdiction;
(12) False, misleading or deceptive
			 representations to the public or the department;
(13) Return to regular stock of any marijuana
			 where:
(A) The package or container containing
			 the marijuana has been opened, breached or tampered with; or
(B) The marijuana has been sold or dispensed
			 to a patient, caregiver or research program subject;
(14) Involvement in a fraudulent or deceitful
			 practice or transaction;
(15)
			 Performance of incompetent or negligent work;
(16) Failure to maintain the entire
			 dispensary facility, production facility or laboratory and contents in a clean,
			 orderly and sanitary condition;
(17) Intentionally, or through negligence,
			 obscuring, damaging, or defacing a license or registration card;
(18) A determination by the commissioner that
			 the applicant or holder of the license or registration has a condition,
			 including, but not limited to, physical illness or loss of skill or
			 deterioration due to the aging process, emotional disorder or mental illness,
			 or abuse or excessive use of drugs or alcohol that would interfere with the
			 practice of dispensing, operation of a dispensary facility or activities as a
			 dispensary, dispensary technician, dispensary facility employee, producer,
			 production facility employee, research program employee or laboratory employee,
			 provided the department shall not, in taking action against a license or
			 registration holder on the basis of such a condition, violate the provisions of
			 section 46a-73 of the Connecticut General Statutes, or
			 42 USC
			 12132 of the federal Americans with
			 Disabilities Act;
(19) Permitting
			 another person to use the licensee's or registrant's license or
			 registration;
(20) Failure to
			 cooperate or give information to the department, local law enforcement
			 authorities or any other enforcement agency upon any matter arising out of
			 conduct at a dispensary facility, production facility, laboratory or in
			 connection with a research program;
(21) Discontinuance of business for more than
			 sixty days, unless the commissioner approves an extension of such period for
			 good cause shown, upon a written request from a dispensary facility or
			 producer. Good cause includes exigent circumstances that necessitate the
			 closing of the facility. Good cause shall not include a voluntary closing of
			 the dispensary facility or production facility;
(22) A violation of any provision of the
			 Connecticut General Statutes, or any regulation established thereunder, related
			 to the person's profession or occupation; or
(23) Failure to comply with any provision of
			 sections 21a-408-1 to 21a-408-72,
			 inclusive, of the Regulations of Connecticut State Agencies.