Connecticut Administrative Code › Title 21a - Consumer Protection › 408 - Palliative Use of Marijuana › Section 21a-408-1 - Definitions

Current through July 10, 2024
As used in sections 21a-408-1 to 21a-408-72, inclusive, of the
				Regulations of Connecticut State Agencies:
(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) "Act" means
			 chapter 420f of the Connecticut General Statutes;
(3) "Administer" means the direct application
			 of marijuana to the body of a qualifying patient by inhalation, ingestion or
			 any other means;
(4) "Adulterated"
			 has the same meaning as described in section 21a-105 of the Connecticut General
			 Statutes;
(5) "Advanced practice
			 registered nurse" (APRN) has the same meaning as provided in chapter 378 of the
			 Connecticut General Statutes;
(6)
			 "Advertisement" means all representations disseminated in any manner or by any
			 means, other than by labeling, for the purpose of inducing, or which are likely
			 to induce, directly or indirectly, the purchase of marijuana by qualifying
			 patients or primary caregivers;
(7)
			 "Agent" means an authorized person who acts on behalf of or at the direction of
			 another person. It does not include a common or contract carrier, public
			 warehouseman, or employee of the carrier or warehouseman;
(8) "Approved safe" has the same meaning as
			 described in section
			 21a-262-1 of the Regulations of
			 Connecticut State Agencies;
(9)
			 "Approved vault" has the same meaning as described in section
			 21a-262-1 of the Regulations of
			 Connecticut State Agencies;
(10)
			 "Batch" means a specific harvest of marijuana or marijuana products that are
			 identifiable by a batch number, every portion or package of which is uniform
			 within recognized tolerances for the factors that were subject to a laboratory
			 test and that appear in the labeling;
(11) "Board" means the Board of Physicians
			 appointed under the provisions of section 21a-408l of the Connecticut General
			 Statutes;
(12) "Bona fide
			 healthcare professional-patient relationship" means a relationship in which the
			 physician or APRN has ongoing responsibility for the assessment, care and
			 treatment of a patient's debilitating medical condition, or a symptom of the
			 patient's debilitating medical condition, for which the physician or APRN has
			 certified to the department that the patient would benefit from the palliative
			 use of marijuana;
(13)
			 "Commissioner" means the Commissioner of Consumer Protection or the
			 commissioner's designee;
(14)
			 "Compounding" means to combine, mix or put together two or more ingredients and
			 includes the preparation of a marijuana product in anticipation of a qualifying
			 patient, primary caregiver or physician request;
(15) "Controlled substance" means a drug,
			 substance, or immediate precursor listed in sections
			 21a-243-7 through
			 21a-243-11, inclusive, of the
			 Regulations of Connecticut State Agencies;
(16) "Cultivation" has the same meaning as
			 provided in section 21a-408 of the Connecticut General Statutes;
(17) "Debilitating" means a chronic medical
			 condition that causes weakness or impairs the strength or ability of an
			 individual and has progressed to such an extent that it substantially limits
			 one or more major life activities of such individual. An assessment of whether
			 a major life activity has been substantially limited shall be guided by
			 interpretations of the term "disability" as set forth in
			 42 USC
			 12102(1)(A);
(18) "Debilitating medical condition" has the
			 same meaning as provided in section 21a-408 of the Connecticut General
			 Statutes;
(19) "Deliver" or
			 "delivery" means the actual, constructive or attempted transfer from one person
			 to another of marijuana, whether or not there is an agency
			 relationship;
(20) "Department"
			 means the Department of Consumer Protection;
(21) "Dietary supplement" has the same
			 meaning as provided in 21
			 U.S.C. 321;
(22) "Dispensary" has the same meaning as
			 provided in section 21a-408 of the Connecticut General Statutes;
(23) "Dilute" or "dilution" means to make
			 thinner or weaker by adding water or another solvent to the product;
(24) "Dispensary department" means that area
			 within a dispensary facility where marijuana is stored, dispensed and sold. If
			 a dispensary facility does not offer any products or services other than
			 marijuana and paraphernalia, the entire dispensary facility is a dispensary
			 department for purposes of sections 21a-408-1 to
			 21a-408-70, inclusive, of the
			 Regulations of Connecticut State Agencies;
(25) "Dispensary facility" means a place of
			 business where marijuana may be dispensed, sold or distributed in accordance
			 with Section
			 21a-408-35 of the Regulations of
			 Connecticut State Agencies to qualifying patients and primary caregivers and
			 for which the department has issued a dispensary facility license to an
			 applicant under the Act and section
			 21a-408-14 of the Regulations of
			 Connecticut State Agencies;
(26)
			 "Dispensary facility backer" means, except in cases where the dispensary is the
			 sole proprietor of a dispensary facility, any person with a direct or indirect
			 financial interest in a dispensary facility, except "dispensary facility
			 backer" does not include a person with an investment interest in a dispensary
			 facility provided the interest held by such person and such person's coworkers,
			 employees, spouse, parent or child, in the aggregate, do not exceed five per
			 cent of the total ownership or interest rights in such dispensary facility and
			 such person does not participate directly or indirectly in the control,
			 management or operation of the dispensary facility;
(27) "Dispensary facility manager" means the
			 dispensary who has complete control and management over the dispensary
			 facility;
(28) "Dispensary facility
			 employee" means a dispensary, dispensary technician, dispensary facility staff,
			 a person who does not have a personal ownership interest in a dispensary
			 facility, but sits on a board of a company with such an ownership interest, and
			 all other persons employed by a dispensary facility or who otherwise have
			 access to the dispensary facility including independent contractors who are
			 routinely on the facility premises;
(29) "Dispensary technician" means an
			 individual who has had an active pharmacy technician registration in
			 Connecticut within the past five years, is affiliated with a licensed
			 dispensary and is registered with the department in accordance with sections
			 21a-408-24 and
			 21a-408-25 of the Regulations of
			 Connecticut State Agencies;
(30)
			 "Dispense" or "dispensing" means those acts of processing marijuana for
			 delivery or for administration for a qualifying patient pursuant to a written
			 certification consisting of:
(A) Comparing the
			 directions on the label with the instructions on the written certification, if
			 any, to determine accuracy;
(B) the
			 selection of the appropriate marijuana product from stock;
(C) the affixing of a label to the container;
			 and
(D) the provision of any
			 instructions regarding the use of the marijuana;