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illegal weed seeds

TITLE 3

(1) “Person” includes any individual, partnership, corporation, company, society or association.

(2) “Agricultural seed” includes the seeds of grass, forage, cereal, and fiber crops and other kinds of seeds commonly recognized within this State as agricultural seeds, lawn seeds and mixes of such seeds, and may include noxious weed seeds when the Department determines that such seed is being used as agricultural seed.

(3) “Vegetable seeds” includes the seeds of those crops which are grown in gardens or truck farms and are generally known and sold under the name of vegetable seeds in this State.

(4) “Flower seeds” includes seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts, and commonly known and sold under the name of flower seeds in this State.

(5) “Tree and shrub seeds” includes seeds of woody plants commonly known and sold as tree and shrub seeds in this State.

(6) “Weed seeds” includes the seeds of all plants generally recognized as weeds within this State and includes noxious weed seeds.

(7) “Noxious weed seeds” are divided into two classes, “prohibited noxious weed seeds” and “restricted noxious weed seeds” as defined in sub-subdivisions a. and b. of this subdivision:

a. “Prohibited noxious weed seeds” are the seeds of perennial weeds that not only reproduce by seed but also spread underground roots, stems and other reproductive parts, and which when well established, are highly destructive and difficult to control in this State by ordinary good cultural practice. Prohibited noxious weed seeds in this State are the seeds of:

1. Cirsium arvense, Canada thistle;

2. Agropyron repens, Quackgrass;

3. Sorghum specie, Johnson grass, Perennial Sweet Sudan Grass, Sorghum Almum and hybrids derived therefrom; and such other seeds or bulblets as the Department from time to time may designate as prohibited noxious seeds in the public interest.

b. “Restricted noxious weed seeds” are the seeds of such weeds as are very objectionable in fields, lawns and gardens of this State, but can be controlled by good cultural practices. Restricted noxious weed seeds in this State are the seeds of:

1. Cuscuta spp., Dodder;

2. Convolvulus arvensis, Bindweed;

3. Allium spp., Wild onion, Wild garlic;

4. Agrostemma githago, Corn Cockle;

5. Solanum Carolinense, Horse nettle;

6. Bromus secalinus, Cheat or Chess;

7. Poa Annua, Annual Bluegrass;

8. Setari faberi, Giant Foxtail;

and such other seeds or bulblets as the Department from time to time may designate as restricted noxious seeds in the public interest.

(8) “Labeling” includes all labels, and other written, printed or graphic representations, in any form whatsoever, accompanying or pertaining to any seed whether in bulk or in containers, and includes representations on invoices.

(9) “Advertisement” means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this chapter.

(10) “Record” includes all information relating to the shipment or shipments involved and a file sample of each lot of seed. For tree and shrub seed, the record will also include all documents supporting the statement of origin and elevation of the seed.

(11) “Stop sale” means an administrative order provided by law, restraining the sale, use, disposition and movement of a definite amount of seed.

(12) “Seizure” means a legal process carried out by court order against a definite amount of seed.

(13) “Kind” means 1 or more related species or subspecies which singly or collectively is known by 1 common name, for example, corn, oats, alfalfa and timothy.

(14) “Variety” means a subdivision of a kind characterized by growth, yield, plant, fruit, seed, or other characteristics, by which it can be differentiated from other plants of the same kind.

(15) “Lot” means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling.

(16) “Hybrid” first means the first generation seed of a cross produced by controlling the pollination and by combining:

a. 2 or more inbred lines;

b. 1 inbred or a single cross with an open pollinated variety; or

c. 2 varieties or species, except open pollinated varieties of corn (Zea mays). The second generation or subsequent generations from such crosses shall not be regarded as hybrids. Hybrid designations shall be treated as variety means.

(17) “Pure seed,” “germination,” and other seed labeling and testing terms in common usage shall be defined as in the Rules for Testing Seeds published by the Association of Official Seed Analysts, effective July 1, 1955, and as subsequently amended.

(18) “Type” means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions.

(19) “Treated” means that the seed has received an application of a substance, or that it has been subjected to a process for which a claim is made.

(20) A “private hearing” may consist of a discussion of facts between the person charged and the enforcement officer.

(21) “Certifying agency” means:

a. an agency authorized under the laws of a state, territory, or possession to officially certify seed; or

b. an agency of a foreign country determined by the United States Secretary of Agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by seed certifying agencies under sub-subdivision a. of this subdivision.

(22) “Certified seed,” “registered seed” or “foundation seed” means seed that has been produced and labeled in accordance with the procedures and in compliance with the requirements of an official certifying agency.

(23) “List by Predominance” shall have the same meaning as defined in the rules and regulations under this chapter.

(24) “Tree seed collector’s declaration” is a statement signed by a grower or person having knowledge of the place of collection for a lot of seed, giving the lot number, common or scientific name of the species (and subspecies, if appropriate), origin, elevation and quantity of tree and shrub seed.

(25) “Origin” for an indigenous stand of trees is the area on which the trees are growing; for a nonindigenous stand, it is the place from which the seeds as plants were originally introduced.

Each container of agricultural, vegetable and flower seeds which is sold, offered for sale or exposed for sale, or transported within this State for sowing purposes shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language, giving the following information, which statement shall not be modified or denied in the labeling or on another label attached to the container:

(1) For all agricultural, vegetable and flower seeds treated as defined in this chapter (for which a separate label may be used):

a. A word or statement indicating that the seed has been treated;

b. The commonly accepted coined, chemical or abbreviated chemical (generic) name of the applied substance or description of the process used;

c. If the substance in the amount present with the seed is harmful to human or other vertebrate animals, a caution statement such as “Do not use for food, feed or oil purposes.” The caution for mercurials and similarly toxic substances shall be a poison statement or symbol;

d. If the seed is treated with an inoculant, the date beyond which the inoculant is not to be considered effective (date of expiration).

(2) For agricultural seeds, except for grass seed mixtures as provided in subdivision (3) of this section:

a. The name of the kind, or kind and variety for each agricultural seed component present in excess of 5% of the whole and the percentage by weight of each in the order of its predominance; provided, that if the variety of those kinds generally labeled as to variety as designated in the regulations is not stated, the label shall show the name of the kind and the words, “Variety Not Stated.” Hybrids shall be labeled as hybrids. Where more than 1 component is required to be named, the word “mixture” or the word “mixed” shall be shown conspicuously on the label;

b. Lot number or other lot identification;

c. Origin (state or foreign country), if known, of alfalfa, red clover and field corn (except hybrid corn). If the origin is unknown, the fact shall be stated;

d. Percentage by weight of all weed seeds;

e. The name and rate of occurrence per pound of each kind of restricted noxious weed seed present singly or collectively in any amount whatsoever; provided, however, that the amount does not exceed 160 per pound in Group 1 and 10 per pound in Group 2. Except in lawn or turf seed, Poa Annua shall not exceed 256 per pound.

Group 1: Agropyron spp., Agrostis spp., alfalfa, Bermuda grass, Brassica spp., orchard grass, alsike and white clover, crimson clover, Dallis grass, fescues, flax, foxtail millet, lespedezas, poa spp., red clover, reed canary grass, Rhodes grass, rye-grass, sweet clover, smooth brome, timothy, and other agricultural seeds of similar size and weight, or mixtures within this group.

Group 2: Barley, buckwheat, oats, proso, rye, sorghums, Sudan grass, vetches, wheat and other agricultural seeds of a size and weight similar to or greater than those within this group, or any mixtures within this group.

f. Percentage by weight of agricultural seed (which may be designated as “crop seeds”) other than those required to be named on the label;

g. Percentage by weight of inert matter;

h. For each named agricultural seed:

1. Percentage of germination, exclusive of hard seed;

2. Percentage of hard seed, if present;

3. The calendar month and year the test was completed to determine the percentages.

Following subparagraphs 1. and 2. of this paragraph the “total germination and hard seed” may be stated as such, if desired.

i. Name and address of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this State;

(3) For seed mixtures for lawn and/or turf purposes in containers of 50 pounds or less.

a. The word “mixed” or “mixture.”

b. List as follows:

1. Common accepted name, in order of its predominance, of the kind, or kind and variety of each agricultural seed present in excess of 5% of the whole;

2. Percentage by weight of pure seed of each agricultural seed named;

3. For each agricultural seed named under clause 1. of this sub-subdivision:

A. Percentage of germination, exclusive of hard seed;

B. Percentage of hard seed, if present;

C. Calendar month and year the test was completed to determine the percentages.

c. The heading “other ingredients” and thereunder in type no larger than the heading;

1. Percentage by weight of all weed seeds;

2. Percentage by weight of all agricultural seeds other than those stated under subparagraph 1. of this paragraph;

3. Percentage by weight of inert matter;

d. Lot number or other lot identification;

e. Name and rate of occurrence per pound of each kind of restricted noxious weed seed present;

f. Name and address of the person who labeled the seed or who sells, offers or exposes the seed for sale within this State;

(4) For vegetable seeds in containers of 1 pound or less:

a. Name of kind and variety of seed;

b. For seeds which germinate less than the standard last established by the Department under this chapter:

1. Percentage of germination, exclusive of hard seed;

2. Percentage of hard seed, if present;

3. The calendar month and year the test was completed to determine the percentages;

4. The words “below standard” in not less than 8-point type; and

c. Name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this State;

(5) For vegetable seeds in containers of more than 1 pound:

a. The name of each kind and variety present in excess of 5% and the percentages by weight of each in order of its predominance;

b. Lot number or other lot identification;

c. For each named vegetable seed:

1. The percentage germination, exclusive of hard seed;

2. The percentage of hard seed, if present;

3. The calendar month and year the test was completed to determine the percentages.

Following subparagraphs 1. and 2. of this paragraph the “total germination and hard seed” may be stated as such if desired.

d. Name and address of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this State;

e. The labeling requirements for vegetable seeds in containers of more than 1 pound shall be deemed to have been met if the seed is weighed from a properly labeled container in the presence of the purchaser;

(6) For flower seeds in packets prepared for use in home gardens or household plantings or flower seeds in preplanted containers, mats, tapes or other planting devices:

a. For all kinds of flower seeds:

1. The name of the kind and variety or a statement of type and performance characteristics as prescribed in the rules and regulations promulgated under this chapter;

2. The calendar month and year the seed was tested or the year for which the seed was packaged; and

3. The name and address of the person who labeled the seed, or who sells, offers, or exposes the seed for sale within this State.

b. For seeds of those kinds for which standard testing procedures are prescribed and which germinate less than the germination standard last established under this chapter:

1. The percentage of germination, exclusive of hard seed, and

2. The words “below standard” in not less than 8-point type.

c. For seeds placed in a germination medium, mat, tape, diluent or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape, diluent or device, a statement to indicate the minimum number of viable seeds in the container;

(7) For flower seeds in containers other than packets prepared for use in home flower gardens or household planting and other than preplanted containers, mats, tapes, or other planting devices:

a. The name of the kind and variety or a statement of type and performance characteristics as prescribed in rules and regulations promulgated under this chapter;

b. The lot number or other lot identification;

c. The calendar month and year that the seed was tested or the year for which the seed was packaged;

d. The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this State; and

e. For those kinds of seeds for which standard testing procedures are prescribed:

1. The percentage germinated, exclusive of hard seed; and

2. The percentage of hard seed, if present.

Each container of tree and shrub seed which is sold, offered for sale, or exposed for sale, or transplanted within this State for sowing purposes shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language giving the following information which statement shall not be modified or denied in the labeling or on another label attached to the container — except that labeling of seed supplied under a contractual agreement may be by invoice accompanying the shipment or by an analysis tag attached to the invoice if each bag or other container is clearly identified by a lot number stenciled on the container or if the seed is in bulk. Each bag or container that is not so identified must carry complete labeling.

(1) For all tree and shrub seeds treated as defined in this chapter (for which a separate label may be used):

a. A word or statement indicating that the seed has been treated;

b. The commonly accepted coined, chemical or abbreviated chemical (generic) name of the applied substance or description of the process used;

c. If the substance in the amount present with the seed is harmful to human or other vertebrate animals a caution statement such as “Do not use for food or feed or oil purposes.” The caution for mercurials and similarly toxic substances shall be a poison statement and symbol;

d. If the seed has been treated with an inoculant, the date beyond which the inoculant is not to be considered effective (date of expiration).

(2) For all tree and shrub seeds subject to this chapter:

a. Common name of the species of seed (and subspecies, if appropriate);

b. The scientific name of the genus and species (and subspecies if appropriate);

c. Lot number or other lot identification;

1. For seed collected from a predominantly indigenous stand, the area of collection given by latitude and longitude, or geographic description, or political subdivision such as state or county;

2. For seed collected from other than a predominantly indigenous stand, identify the area of collection and the origin of the stand or state “Origin not Indigenous”;

e. The elevation or the upper and lower limits of elevation within which the seed was collected;

f. Purity as a percentage of pure seed by weight;

g. For those species for which standard germination testing procedures are prescribed by the department the following:

1. Percentage germination exclusive of hard seed;

2. Percentage of hard seed, if present;

3. Calendar month and year test was completed to determine the percentages.

h. In lieu of subparagraphs 1., 2. and 3. of paragraph g., the seed may be labeled “Test is in process, results will be supplied upon request”;

i. For those species for which standard germination testing procedures have not been prescribed by the Department the calendar year in which the seed was collected;

j. The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this State.

(a) No person shall sell, offer for sale, expose for sale, or transport for sale any agricultural, vegetable, flower or tree and shrub seeds within this State:

(1) If subject to the germination requirements of § 1502 of this title, unless the test to determine the percentage of germination required by § 1502 of this title shall have been completed within a 9-month period exclusive of the calendar month in which the test was completed, immediately prior to sale, exposure for sale, or offering for sale or transportation;

(2) Not labeled in accordance with this chapter or having false or misleading labeling;

(3) Pertaining to which there has been false or misleading advertisement;

(4) Consisting of or containing prohibited noxious weed seeds, subject to recognized tolerances;

(5) Consisting of or containing restricted noxious weed seeds per pound in excess of the number prescribed under this chapter, or in excess of the number declared on the label attached to the container of the seed or associated with the seed subject to recognized tolerances;

(6) Containing more than 1½% by weight of all weed seeds;

(7) Containing more than 20% by weight of inert matter in lawn and turf seed;

(8) To which there is affixed the names or terms that create a misleading impression as to the kind, kind and variety, history, productivity, quality, or origin of the seed;

(9) If any labeling, advertising or other representation subject to this chapter represents the seed to be certified or registered seed unless:

a. It has been determined by a seed certifying agency that the seed was produced, processed, and packaged, and conforms to the standards of purity as to kind, species (and subspecies, if appropriate), or variety, and also that tree seed was found to be of the origin and elevation claimed, in compliance with the rules and regulations of the agency; and

b. That the seed bears an official label issued by a seed certifying agency stating that the seed is certified or registered.

(b) It is unlawful for any person within this State to:

(1) Detach, alter, deface, or destroy any label provided for in this chapter or the rules and regulations made and promulgated thereunder, or to alter or substitute seed in a manner that may defeat the purposes of this chapter;

(2) Disseminate any false or misleading advertisements concerning seeds subject to this chapter in any manner or by any means;

(3) Hinder or obstruct in any way, any authorized person in the performance of his duties under this chapter;

(4) Fail to comply with a “stop sale” order or to move or otherwise handle or dispose of any lot of seed held under a “stop sale” order or tags attached thereto, except with express permission of the enforcing officer, and for the purpose specified;

(5) Use the word “trace” as a substitute for any statement which is required;

(6) Use the word “type” in any labeling in connection with the name of any agricultural seed variety.

Each person whose name appears on the label as handling agricultural or vegetable seeds subject to this chapter shall keep for a period of 2 years complete records of each lot handled; and keep for 1 year a file sample of each lot of seed after final disposition of the lot. All such records and samples pertaining to the shipment or shipments involved shall be accessible for inspection by the Department or its agent during customary business hours.

(a) The provisions of §§ 1502, 1503 and 1504 of this title do not apply:

(1) To seed or grain not intended for sowing purposes;

(2) To seed in storage in, or being transported, or consigned to a cleaning or processing establishment for cleaning or processing; provided, that the invoice or labeling accompanying any shipment of the seed bears the statement “seed for processing,” and provided that any labeling or other representation which may be made with respect to the uncleaned or unprocessed seed shall be subject to this chapter;

(3) To any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier; provided, that the carrier is not engaged in producing, processing or marketing seeds subject to this chapter;

(4) To seed sold by 1 farmer to another if the seed has neither been advertised for sale nor delivered through a carrier;

(5) To grain sold by farmers for cover crop purposes and not delivered through a common carrier.

(b) No person shall be subject to the penalties of this chapter for having sold or offered for sale seeds subject to this chapter which were incorrectly labeled or represented as to kind, species (and subspecies, if appropriate), variety, type or origin, elevation and year of collection (if required) which seeds cannot be identified by examination, unless he has failed to obtain an invoice, genuine grower’s or tree seed collector’s declaration or other labeling information and to take such other precautions as may be reasonable to insure the identity to be that stated.

(c) The provisions of §§ 1503 and 1505 of this title do not apply to tree seed produced by the consumer.

(a) The duty of enforcing this chapter and carrying out its provisions and requirements is vested in the Department, who may act through its authorized agents:

(1) To sample, inspect, make analysis of, and test seeds subject to this chapter that are transported, sold or offered or exposed for sale within the State for sowing purposes, at such time and place and to such extent as it may deem necessary to determine whether the seeds are in compliance with this chapter, and to notify promptly the person who sold, offered or exposed the seed for sale and, if appropriate, the person who labeled or transported the seed of any violation, stop sale order, or seizure;

(2) To prescribe, amend, adopt and publish after public hearing following due public notice:

a. Rules and regulations governing the method of sampling, inspecting, analyzing, testing and examining seeds subject to this chapter and the tolerances to be used and such other rules and regulations necessary to secure efficient enforcement of this chapter;

b. Prohibited and restricted noxious weed seed deletions or additions;

c. Rules and regulations establishing reasonable standards on germination for vegetable seeds and flower seeds;

d. Rules and regulations for labeling flower seeds in respect to kind and variety or type and performance characteristics as required by § 1502 of this title;

e. A list of the kinds of flower seeds subject to the flower seed germination labeling requirements of § 1502 of this title;

f. A list of the tree and shrub seed species subject to germination labeling requirements of § 1503(2)g. of this title.

(b) Further, for the purpose of carrying out this chapter, the Department, through its authorized agents, is authorized:

(1) To enter upon any public or private premises during regular business hours in order to have access to seeds and the records connected subject to this chapter and rules and regulations thereunder, and any truck or other conveyor by land, water or air at any time when the conveyor is accessible, for the same purpose;

(2) To issue and enforce a written or printed “stop sale” order to the owner or custodian of any lot of seed subject to the provisions of this chapter which the Department finds is in violation of this chapter or rules and regulations promulgated thereunder, which order shall prohibit further sale, processing and movement of such seed, except on approval of the enforcing officer, until such officer has evidence that the law has been complied with, and he has issued a release from the “stop sale” order, provided that in respect to seed which has been denied sale, processing and movement as provided in this paragraph, the owner or custodian shall have the right to appeal from the order to a court of competent jurisdiction in the locality in which the seeds are found, praying for a judgment as to the justification of the order and for the discharge of the seeds from the order prohibiting the sale, processing and movement in accordance with the findings of the court; and provided further, that this paragraph shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other sections of this chapter;

(3) To establish and maintain or make provisions for seed testing facilities, to employ qualified persons, and to incur such expenses as may be necessary to comply with the provisions;

(4) To make or provide for making purity and germination tests of seed for farmers and dealers on request; to prescribe rules and regulations governing such testing; and to fix and collect charges for the tests made. Any fees shall be transferred to the State Treasurer and paid into the General Fund of the State;

(5) To cooperate with the United States Department of Agriculture and other agencies in seed law enforcement;

(6) To publish the results of analysis, tests and examinations made under this chapter, together with any other information deemed advisable;

(7) To conduct the seed certification program for the State; to prescribe rules and regulations governing seed certification; to fix and collect fees for inspection, grading and certification. Any fees collected shall be transferred to the State Treasurer and credited to the special fund entitled “Department of Agriculture Inspection Fund” to aid in defraying the expenses of the seed certification program; and

(8) To collect royalty fees on patented varieties where a royalty agreement is in force.

Any lot of seed not in compliance with this chapter shall be subject to seizure on complaint of the Department to a court of competent jurisdiction in the locality in which the seed is located. In the event the court finds the seed to be in violation of this chapter and orders the condemnation of the seed, it shall be denatured, processed, destroyed, relabeled or otherwise disposed of in compliance with the laws of this State; provided, that in no instance shall the court order such disposition of the seed without first having given the claimant an opportunity to apply to the court for the release of the seed or permission to process or relabel it into compliance with this chapter.

No bond shall be required of the Department for the issuance of any injunction to restrain any violation of this chapter or any rule or regulation promulgated hereunder.

(a) Every violation of this chapter shall be punishable by a fine not exceeding $100 for the first offense and not exceeding $250 for each subsequent similar offense.

(b) When the Department shall find that any person has violated this chapter, it or its duly authorized agent or agents may institute proceedings against such person in a court of competent jurisdiction in the locality in which the violation occurred; or the Department may offer evidence of such violation to the Attorney General with a view of prosecution; provided, however, that no prosecution under this chapter shall be instituted without the accused violator first having been given an opportunity to appear before the Department or its duly authorized agent to introduce evidence either in person or by agent or attorney at a private hearing. If, after the hearing, or without such hearing, the accused violator, or his agent or attorney fails or refuses to appear, the Department is of the opinion that the evidence warrants prosecution, it shall proceed as provided in this section.

(c) The Attorney General shall institute proceedings at once against any person charged with a violation of this chapter, if, in his judgment, the information submitted warrants such action.

(d) After judgment by the court in any case arising under this chapter the Department shall publish any information pertinent to the issuance of the judgment by the court in such media as it may designate from time to time.

(a) This chapter shall be administered by the Department of Agriculture of this State, referred to as the “Department.”

(b) Jurisdiction in all matters pertaining to seed under this chapter is vested exclusively in the Department, and all acts and parts of acts inconsistent with this chapter are hereby expressly repealed.

All authority vested in the Department of Agriculture by virtue of this chapter may with like force and effect be executed by the employees of the Department of Agriculture as may be designated for the purpose.

Illegal weed seeds

An Act Concerning the Palliative Use of Marijuana.

Section 1. (NEW) (Effective from passage) As used in sections 1 to 16, inclusive, of this act, unless the context otherwise requires:

(1) “Cultivation” includes planting, propagating, cultivating, growing and harvesting;

(2) “Debilitating medical condition” means (A) cancer, glaucoma, positive status for human immunodeficiency virus or acquired immune deficiency syndrome, Parkinson’s disease, multiple sclerosis, damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity, epilepsy, cachexia, wasting syndrome, Crohn’s disease, posttraumatic stress disorder, or (B) any medical condition, medical treatment or disease approved by the Department of Consumer Protection pursuant to regulations adopted under section 14 of this act;

(3) “Licensed dispensary” or “dispensary” means a person licensed as a dispensary pursuant to section 9 of this act;

(4) “Licensed producer” or “producer” means a person licensed as a producer pursuant to section 10 of this act;

(5) “Marijuana” means marijuana, as defined in section 21a-240 of the general statutes;

(6) “Palliative use” means the acquisition, distribution, transfer, possession, use or transportation of marijuana or paraphernalia relating to marijuana, including the transfer of marijuana and paraphernalia relating to marijuana from the patient’s primary caregiver to the qualifying patient, to alleviate a qualifying patient’s symptoms of a debilitating medical condition or the effects of such symptoms, but does not include any such use of marijuana by any person other than the qualifying patient;

(7) “Paraphernalia” means drug paraphernalia, as defined in section 21a-240 of the general statutes;

(8) “Physician” means a person who is licensed under chapter 370 of the general statutes, but does not include a physician assistant, as defined in section 20-12a of the general statutes;

(9) “Primary caregiver” means a person, other than the qualifying patient and the qualifying patient’s physician, who is eighteen years of age or older and has agreed to undertake responsibility for managing the well-being of the qualifying patient with respect to the palliative use of marijuana, provided (A) in the case of a qualifying patient lacking legal capacity, such person shall be a parent, guardian or person having legal custody of such qualifying patient, and (B) the need for such person shall be evaluated by the qualifying patient’s physician and such need shall be documented in the written certification;

(10) “Qualifying patient” means a person who is eighteen years of age or older, is a resident of Connecticut and has been diagnosed by a physician as having a debilitating medical condition. “Qualifying patient” does not include an inmate confined in a correctional institution or facility under the supervision of the Department of Correction;

(11) “Usable marijuana” means the dried leaves and flowers of the marijuana plant, and any mixtures or preparations of such leaves and flowers, that are appropriate for the palliative use of marijuana, but does not include the seeds, stalks and roots of the marijuana plant; and

(12) “Written certification” means a written certification issued by a physician pursuant to section 4 of this act.

Sec. 2. (NEW) (Effective October 1, 2012) (a) A qualifying patient shall register with the Department of Consumer Protection pursuant to section 5 of this act prior to engaging in the palliative use of marijuana. A qualifying patient who has a valid registration certificate from the Department of Consumer Protection pursuant to subsection (a) of section 5 of this act and complies with the requirements of sections 1 to 15, inclusive, of this act shall not be subject to arrest or prosecution, penalized in any manner, including, but not limited to, being subject to any civil penalty, or denied any right or privilege, including, but not limited to, being subject to any disciplinary action by a professional licensing board, for the palliative use of marijuana if:

(1) The qualifying patient’s physician has issued a written certification to the qualifying patient for the palliative use of marijuana after the physician has prescribed, or determined it is not in the best interest of the patient to prescribe, prescription drugs to address the symptoms or effects for which the certification is being issued;

(2) The combined amount of marijuana possessed by the qualifying patient and the primary caregiver for palliative use does not exceed an amount of usable marijuana reasonably necessary to ensure uninterrupted availability for a period of one month, as determined by the Department of Consumer Protection pursuant to regulations adopted under section 14 of this act; and

(3) The qualifying patient has not more than one primary caregiver at any time.

(b) The provisions of subsection (a) of this section do not apply to:

(1) Any palliative use of marijuana that endangers the health or well-being of a person other than the qualifying patient or the primary caregiver; or

(2) The ingestion of marijuana (A) in a motor bus or a school bus or in any other moving vehicle, (B) in the workplace, (C) on any school grounds or any public or private school, dormitory, college or university property, (D) in any public place, or (E) in the presence of a person under the age of eighteen. For the purposes of this subdivision, (i) “presence” means within the direct line of sight of the palliative use of marijuana or exposure to second-hand marijuana smoke, or both; (ii) “public place” means any area that is used or held out for use by the public whether owned or operated by public or private interests; (iii) “vehicle” means a vehicle, as defined in section 14-1 of the general statutes; (iv) “motor bus” means a motor bus, as defined in section 14-1 of the general statutes; and (v) “school bus” means a school bus, as defined in section 14-1 of the general statutes.

Sec. 3. (NEW) (Effective October 1, 2012) (a) No person may serve as a primary caregiver for a qualifying patient (1) unless such qualifying patient has a valid registration certificate from the Department of Consumer Protection pursuant to subsection (a) of section 5 of this act, and (2) if such person has been convicted of a violation of any law pertaining to the illegal manufacture, sale or distribution of a controlled substance. A primary caregiver may not be responsible for the care of more than one qualifying patient at any time, except that a primary caregiver may be responsible for the care of more than one qualifying patient if the primary caregiver and each qualifying patient have a parental, guardianship, conservatorship or sibling relationship.

(b) A primary caregiver who has a valid registration certificate from the Department of Consumer Protection pursuant to subsection (a) of section 5 of this act and complies with the requirements of sections 1 to 15, inclusive, of this act shall not be subject to arrest or prosecution, penalized in any manner, including, but not limited to, being subject to any civil penalty, or denied any right or privilege, including, but not limited to, being subject to any disciplinary action by a professional licensing board, for the acquisition, distribution, possession or transportation of marijuana or paraphernalia related to marijuana on behalf of such primary caregiver’s qualifying patient, provided (1) the amount of any marijuana so acquired, distributed, possessed or transported, together with the combined amount of usable marijuana possessed by the qualifying patient and the primary caregiver, does not exceed an amount reasonably necessary to ensure uninterrupted availability for a period of one month, as determined by the Department of Consumer Protection pursuant to regulations adopted under section 14 of this act, and (2) such amount is obtained solely within this state from a licensed dispensary. For the purposes of this subsection, “distribution” or “distributed” means the transfer of marijuana and paraphernalia related to marijuana from the primary caregiver to the qualifying patient.

Sec. 4. (NEW) (Effective October 1, 2012) (a) A physician may issue a written certification to a qualifying patient that authorizes the palliative use of marijuana by the qualifying patient. Such written certification shall be in the form prescribed by the Department of Consumer Protection and shall include a statement signed and dated by the qualifying patient’s physician stating that, in such physician’s professional opinion, the qualifying patient has a debilitating medical condition and the potential benefits of the palliative use of marijuana would likely outweigh the health risks of such use to the qualifying patient.

(b) Any written certification for the palliative use of marijuana issued by a physician under subsection (a) of this section shall be valid for a period not to exceed one year from the date such written certification is signed and dated by the physician. Not later than ten calendar days after the expiration of such period, or at any time before the expiration of such period should the qualifying patient no longer wish to possess marijuana for palliative use, the qualifying patient or the primary caregiver shall destroy all usable marijuana possessed by the qualifying patient and the primary caregiver for palliative use.

(c) A physician shall not be subject to arrest or prosecution, penalized in any manner, including, but not limited to, being subject to any civil penalty, or denied any right or privilege, including, but not limited to, being subject to any disciplinary action by the Connecticut Medical Examining Board or other professional licensing board, for providing a written certification for the palliative use of marijuana under subdivision (1) of subsection (a) of section 2 of this act if:

(1) The physician has diagnosed the qualifying patient as having a debilitating medical condition;

(2) The physician has explained the potential risks and benefits of the palliative use of marijuana to the qualifying patient and, if the qualifying patient lacks legal capacity, to a parent, guardian or person having legal custody of the qualifying patient;

(3) The written certification issued by the physician is based upon the physician’s professional opinion after having completed a medically reasonable assessment of the qualifying patient’s medical history and current medical condition made in the course of a bona fide physician-patient relationship; and

(4) The physician has no financial interest in a dispensary licensed under section 9 of this act or a producer licensed under section 10 of this act.

Sec. 5. (NEW) (Effective October 1, 2012) (a) Each qualifying patient who is issued a written certification for the palliative use of marijuana under subdivision (1) of subsection (a) of section 2 of this act, and the primary caregiver of such qualifying patient, shall register with the Department of Consumer Protection. Such registration shall be effective from the date the Department of Consumer Protection issues a certificate of registration until the expiration of the written certification issued by the physician. The qualifying patient and the primary caregiver shall provide sufficient identifying information, as determined by the department, to establish the personal identity of the qualifying patient and the primary caregiver. The qualifying patient or the primary caregiver shall report any change in such information to the department not later than five business days after such change. The department shall issue a registration certificate to the qualifying patient and to the primary caregiver and may charge a reasonable fee, not to exceed twenty-five dollars, for each registration certificate issued under this subsection. Any registration fees collected by the department under this subsection shall be paid to the State Treasurer and credited to the account established pursuant to section 19 of this act.

(b) Information obtained under this section shall be confidential and shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200 of the general statutes, except that reasonable access to registry information obtained under this section and temporary registration information obtained under section 15 of this act shall be provided to: (1) State agencies, federal agencies and local law enforcement agencies for the purpose of investigating or prosecuting a violation of law; (2) physicians and pharmacists for the purpose of providing patient care and drug therapy management and monitoring controlled substances obtained by the qualifying patient; (3) public or private entities for research or educational purposes, provided no individually identifiable health information may be disclosed; (4) a licensed dispensary for the purpose of complying with sections 1 to 15, inclusive, of this act; (5) a qualifying patient, but only with respect to information related to such qualifying patient or such qualifying patient’s primary caregiver; or (6) a primary caregiver, but only with respect to information related to such primary caregiver’s qualifying patient.

Sec. 6. (NEW) (Effective October 1, 2012) No person shall be subject to arrest or prosecution solely for being in the presence or vicinity of the palliative use of marijuana as permitted under sections 1 to 15, inclusive, of this act.

Sec. 7. (NEW) (Effective October 1, 2012) Any marijuana, paraphernalia relating to marijuana, or other property seized by law enforcement officials from a qualifying patient or a primary caregiver in connection with the claimed palliative use of marijuana under sections 1 to 15, inclusive, of this act shall be returned to the qualifying patient or the primary caregiver immediately upon the determination by a court that the qualifying patient or the primary caregiver is entitled to the palliative use of marijuana under sections 1 to 15, inclusive, of this act, as evidenced by a decision not to prosecute, a dismissal of charges or an acquittal. The provisions of this section do not apply to any qualifying patient or primary caregiver who fails to comply with the requirements for the palliative use of marijuana under sections 1 to 15, inclusive, of this act.

Sec. 8. (NEW) (Effective October 1, 2012) (a) Any person who makes a fraudulent representation to a law enforcement official of any fact or circumstance relating to the palliative use of marijuana in order to avoid arrest or prosecution under chapter 420b of the general statutes or any other provision of the general statutes shall be guilty of a class C misdemeanor.

(b) Any person who makes a fraudulent representation to a law enforcement official of any fact or circumstance relating to the issuance, contents or validity of a written certification for the palliative use of marijuana, or a document purporting to be such a written certification, shall be guilty of a class A misdemeanor.

Sec. 9. (NEW) (Effective from passage) (a) No person may act as a dispensary or represent that such person is a licensed dispensary unless such person has obtained a license from the Commissioner of Consumer Protection pursuant to this section.

(b) The Commissioner of Consumer Protection shall determine the number of dispensaries appropriate to meet the needs of qualifying patients in this state and shall adopt regulations, in accordance with chapter 54 of the general statutes, to provide for the licensure and standards for dispensaries in this state and specify the maximum number of dispensaries that may be licensed in this state. On and after the effective date of such regulations, the commissioner may license any person who applies for a license in accordance with such regulations, provided (1) the commissioner deems such applicant qualified to acquire, possess, distribute and dispense marijuana pursuant to sections 1 to 15, inclusive, of this act, (2) the applicant is a pharmacist licensed under chapter 400j of the general statutes, and (3) the number of dispensary licenses issued does not exceed the number appropriate to meet the needs of qualifying patients in this state, as determined by the commissioner pursuant to this subsection. At a minimum, such regulations shall:

(A) Indicate the maximum number of dispensaries that may be licensed in this state;

(B) Provide that only a pharmacist licensed under chapter 400j of the general statutes may apply for and receive a dispensary license;

(C) Provide that no marijuana may be dispensed from, obtained from or transferred to a location outside of this state;

(D) Establish a licensing fee and renewal fee for each licensed dispensary, provided such fees shall not be less than the amount necessary to cover the direct and indirect cost of licensing and regulating dispensaries pursuant to sections 1 to 15, inclusive, of this act;

(E) Provide for renewal of such dispensary licenses at least every two years;

(F) Describe areas in this state where licensed dispensaries may not be located, after considering the criteria for the location of retail liquor permit premises set forth in subsection (a) of section 30-46 of the general statutes;

(G) Establish health, safety and security requirements for licensed dispensaries, which may include, but need not be limited to: (i) The ability to maintain adequate control against the diversion, theft and loss of marijuana acquired or possessed by the licensed dispensary, and (ii) the ability to maintain the knowledge, understanding, judgment, procedures, security controls and ethics to ensure optimal safety and accuracy in the distributing, dispensing and use of palliative marijuana;

(H) Establish standards and procedures for revocation, suspension, summary suspension and nonrenewal of dispensary licenses, provided such standards and procedures are consistent with the provisions of subsection (c) of section 4-182 of the general statutes; and

(I) Establish other licensing, renewal and operational standards deemed necessary by the commissioner.

(c) Any fees collected by the Department of Consumer Protection under this section shall be paid to the State Treasurer and credited to the account established pursuant to section 19 of this act.

Sec. 10. (NEW) (Effective from passage) (a) No person may act as a producer or represent that such person is a licensed producer unless such person has obtained a license from the Commissioner of Consumer Protection pursuant to this section.

(b) The Commissioner of Consumer Protection shall determine the number of producers appropriate to meet the needs of qualifying patients in this state and shall adopt regulations, in accordance with chapter 54 of the general statutes, to provide for the licensure, standards and locations for producers in this state and specify the maximum number of producers that may be licensed in this state at any time. On and after the effective date of such regulations, the commissioner may license any person who applies for a license in accordance with such regulations, provided (1) such person is organized for the purpose of cultivating marijuana for palliative use in this state, (2) the commissioner finds that such applicant has appropriate expertise in agriculture and that such applicant is qualified to cultivate marijuana and sell, deliver, transport or distribute marijuana solely within this state pursuant to sections 1 to 15, inclusive, of this act, and (3) the number of producer licenses issued does not exceed the number appropriate to meet the needs of qualifying patients in this state, as determined by the commissioner pursuant to this subsection. At a minimum, such regulations shall:

(A) Indicate the maximum number of producers that may be licensed in this state at any time, which number shall not be less than three nor more than ten producers;

(B) Provide that no marijuana may be sold, delivered, transported or distributed by a producer from or to a location outside of this state;

(C) Establish a nonrefundable application fee of not less than twenty-five thousand dollars for each application submitted for a producer license;

(D) Establish a license fee and renewal fee for each licensed producer, provided the aggregate amount of such license and renewal fees shall not be less than the amount necessary to cover the direct and indirect cost of licensing and regulating producers pursuant to sections 1 to 15, inclusive, of this act;

(E) Provide for renewal of such producer licenses at least every five years;

(F) Provide that no producer may cultivate marijuana for palliative use outside of this state and designate permissible locations for licensed producers in this state;

(G) Establish financial requirements for producers, under which (i) each applicant demonstrates the financial capacity to build and operate a marijuana production facility, and (ii) each licensed producer may be required to maintain an escrow account in a financial institution in this state in an amount of two million dollars;

(H) Establish health, safety and security requirements for licensed producers, which shall include, but need not be limited to, a requirement that the applicant or licensed producer demonstrate: (i) The ability to maintain adequate control against the diversion, theft and loss of marijuana cultivated by the producer, and (ii) the ability to cultivate pharmaceutical grade marijuana for palliative use in a secure indoor facility;

(I) Define “pharmaceutical grade marijuana for palliative use” for the purposes of this section;

(J) Establish standards and procedures for revocation, suspension, summary suspension and nonrenewal of producer licenses, provided such standards and procedures are consistent with the provisions of subsection (c) of section 4-182 of the general statutes; and

(K) Establish other licensing, renewal and operational standards deemed necessary by the commissioner.

(c) Any fees collected by the Department of Consumer Protection under this section shall be paid to the State Treasurer and credited to the account established pursuant to section 19 of this act.

Sec. 11. (NEW) (Effective October 1, 2012) (a) No licensed dispensary or employee of the dispensary may: (1) Acquire marijuana from a person other than a licensed producer; (2) distribute or dispense marijuana to a person who is not (A) a qualifying patient registered under section 5 or 15 of this act, or (B) a primary caregiver of such qualifying patient; or (3) obtain or transport marijuana outside of this state in violation of state or federal law.

(b) No licensed dispensary or employee of the dispensary acting within the scope of his or her employment shall be subject to arrest or prosecution, penalized in any manner, including, but not limited to, being subject to any civil penalty, or denied any right or privilege, including, but not limited to, being subject to any disciplinary action by a professional licensing board, for acquiring, possessing, distributing or dispensing marijuana pursuant to sections 1 to 15, inclusive, of this act.

Sec. 12. (NEW) (Effective October 1, 2012) (a) No licensed producer or employee of the producer may: (1) Sell, deliver, transport or distribute marijuana to a person who is not a licensed dispensary, or (2) obtain or transport marijuana outside of this state in violation of state or federal law.

(b) No licensed producer or employee of the producer acting within the scope of his or her employment shall be subject to arrest or prosecution, penalized in any manner, including, but not limited to, being subject to any civil penalty, or denied any right or privilege, including, but not limited to, being subject to any disciplinary action by a professional licensing board, for cultivating marijuana or selling, delivering, transporting or distributing marijuana to licensed dispensaries under sections 1 to 15, inclusive, of this act.

Sec. 13. (NEW) (Effective from passage) (a) The Commissioner of Consumer Protection shall establish a Board of Physicians consisting of eight physicians or surgeons who are knowledgeable about the palliative use of marijuana and certified by the appropriate American board in one of the following specialties: Neurology, pain medicine, pain management, medical oncology, psychiatry, infectious disease, family medicine or gynecology. Four of the members of the board first appointed shall serve for a term of three years and four of the members of the board first appointed shall serve for a term of four years. Thereafter, members of the board shall serve for a term of four years and shall be eligible for reappointment. Any member of the board may serve until a successor is appointed. The Commissioner of Consumer Protection shall serve as an ex-officio member of the board, and shall select a chairperson from among the members of the board.

(b) A quorum of the Board of Physicians shall consist of three members.

(c) The Board of Physicians shall:

(1) Review and recommend to the Department of Consumer Protection for approval the debilitating medical conditions, medical treatments or diseases to be added to the list of debilitating medical conditions that qualify for the palliative use of marijuana;

(2) Accept and review petitions to add medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the palliative use of marijuana;

(3) Convene at least twice per year to conduct public hearings and to evaluate petitions, which shall be maintained as confidential pursuant to subsection (d) of this section, for the purpose of adding medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the palliative use of marijuana;

(4) Review and recommend to the Department of Consumer Protection protocols for determining the amounts of marijuana that may be reasonably necessary to ensure uninterrupted availability for a period of one month for qualifying patients, including amounts for topical treatments; and

(5) Perform other duties related to the palliative use of marijuana upon the request of the Commissioner of Consumer Protection.

(d) Any individually identifiable health information contained in a petition received under this section shall be confidential and shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200 of the general statutes.

Sec. 14. (NEW) (Effective from passage) (a) The Commissioner of Consumer Protection may adopt regulations, in accordance with chapter 54 of the general statutes, to establish (1) a standard form for written certifications for the palliative use of marijuana issued by physicians under subdivision (1) of subsection (a) of section 2 of this act, and (2) procedures for registrations under section 5 of this act. Such regulations, if any, shall be adopted after consultation with the Board of Physicians established in section 13 of this act.

(b) The Commissioner of Consumer Protection shall adopt regulations, in accordance with chapter 54 of the general statutes, to establish a reasonable fee to be collected from each qualifying patient to whom a written certification for the palliative use of marijuana is issued under subdivision (1) of subsection (a) of section 2 of this act, for the purpose of offsetting the direct and indirect costs of administering the provisions of sections 1 to 15, inclusive, of this act. The commissioner shall collect such fee at the time the qualifying patient registers with the Department of Consumer Protection under subsection (a) of section 5 of this act. Such fee shall be in addition to any registration fee that may be charged under said subsection. The fees required to be collected by the commissioner from qualifying patients under this subsection shall be paid to the State Treasurer and credited to the account established pursuant to section 19 of this act.

(c) The Commissioner of Consumer Protection shall adopt regulations, in accordance with chapter 54 of the general statutes, to implement the provisions of sections 1 to 8, inclusive, and section 13 of this act. At a minimum, such regulations shall:

(1) Govern the manner in which the department considers applications for the issuance and renewal of registration certificates for qualifying patients and primary caregivers, and establish any additional information to be contained in such registration certificates;

(2) Define the protocols for determining the amount of usable marijuana that is necessary to constitute an adequate supply to ensure uninterrupted availability for a period of one month, including amounts for topical treatments;

(3) Establish criteria for adding medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the palliative use of marijuana;

(4) Establish a petition process under which members of the public may submit petitions, in such manner and in such form as prescribed in the regulations, regarding the addition of medical conditions, medical treatments or diseases to the list of debilitating medical conditions;

(5) Establish a process for public comment and public hearings before the board regarding the addition of medical conditions, medical treatments or diseases to the list of debilitating medical conditions, medical treatments or diseases;

(6) Add additional medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the palliative use of marijuana as recommended by the board; and

(7) Develop a distribution system for marijuana for palliative use that provides for:

(A) Marijuana production facilities within this state that are housed on secured grounds and operated by licensed producers; and

(B) Distribution of marijuana for palliative use to qualifying patients or their primary caregivers by licensed dispensaries.

(d) The commissioner shall submit regulations pursuant to subsections (b) and (c) of this section to the standing legislative regulation review committee not later than July 1, 2013.

Sec. 15. (NEW) (Effective October 1, 2012) (a) During the period beginning on October 1, 2012, and ending thirty calendar days after the effective date of regulations adopted pursuant to section 14 of this act, a qualifying patient who would be determined to be eligible for a registration certificate pursuant to subsection (a) of section 5 of this act, except for the lack of effective regulations concerning licensed dispensaries, licensed producers, distribution systems and amounts of marijuana, may obtain a written certification from a physician and upon presenting the written certification to the Department of Consumer Protection, the department shall issue a temporary registration certificate for the palliative use of marijuana. The department shall indicate on such temporary registration certificate the amount of usable marijuana that constitutes a one month supply which may be possessed pursuant to such temporary registration certificate. The department shall maintain a list of all temporary registration certificates issued pursuant to this section and the information on such list shall be confidential and shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200 of the general statutes, except that such information may be disclosed in the manner set forth in subsection (b) of section 5 of this act.

(b) A qualifying patient possessing a temporary registration certificate and the qualifying patient’s primary caregiver shall not be subject to arrest or prosecution, penalized in any manner, including, but not limited to, being subject to any civil penalty, or denied any right or privilege, including, but not limited to, being subject to any disciplinary action by a professional licensing board, for possessing marijuana if the amount of usable marijuana possessed by the qualifying patient and the primary caregiver is not more than the amount specified in the temporary registration certificate.

(c) A physician shall not be subject to arrest or prosecution, penalized in any manner, including, but not limited to, being subject to any civil penalty, or denied any right or privilege, including, but not limited to, being subject to any disciplinary action by the Connecticut Medical Examining Board or other professional licensing board, for providing a written certification for the palliative use of marijuana pursuant to this section.

Sec. 16. (NEW) (Effective October 1, 2012) Nothing in sections 1 to 15, inclusive, of this act, or section 21a-243 of the general statutes, as amended by this act, shall be construed to require health insurance coverage for the palliative use of marijuana.

Sec. 17. (NEW) (Effective October 1, 2012) (a) For the purposes of this section:

(1) “Action” has the meaning provided in section 47a-1 of the general statutes;

(2) “Dwelling unit” has the meaning provided in section 47a-1 of the general statutes;

(3) “Employer” means a person engaged in business who has one or more employees, including the state and any political subdivision of the state;

(4) “Landlord” has the meaning provided in section 47a-1 of the general statutes;

(5) “Palliative use” has the meaning provided in section 1 of this act;

(6) “Primary caregiver” has the meaning provided in section 1 of this act;

(7) “Qualifying patient” has the meaning provided in section 1 of this act;

(8) “School” means a public or private elementary or secondary school in this state or a public or private institution of higher education in this state; and

(9) “Tenant” has the meaning provided in section 47a-1 of the general statutes.

(b) Unless required by federal law or required to obtain federal funding:

(1) No school may refuse to enroll any person or discriminate against any student solely on the basis of such person’s or student’s status as a qualifying patient or primary caregiver under sections 1 to 15, inclusive, of this act;

(2) No landlord may refuse to rent a dwelling unit to a person or take action against a tenant solely on the basis of such person’s or tenant’s status as a qualifying patient or primary caregiver under sections 1 to 15, inclusive, of this act; and

(3) No employer may refuse to hire a person or may discharge, penalize or threaten an employee solely on the basis of such person’s or employee’s status as a qualifying patient or primary caregiver under sections 1 to 15, inclusive, of this act. Nothing in this subdivision shall restrict an employer’s ability to prohibit the use of intoxicating substances during work hours or restrict an employer’s ability to discipline an employee for being under the influence of intoxicating substances during work hours.

(c) Nothing in this section shall be construed to permit the palliative use of marijuana in violation of subsection (b) of section 2 of this act.

Sec. 18. Section 21a-243 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) The Commissioner of Consumer Protection shall adopt regulations for the efficient enforcement and operation of sections 21a-244 to 21a-282, inclusive.

(b) The Commissioner of Consumer Protection may, so far as may be consistent with sections 21a-244 to 21a-282, inclusive, adopt the regulations existing under the federal Controlled Substances Act and pertinent regulations existing under the federal food and drug laws and conform regulations adopted hereunder with those existing under the federal Controlled Substances Act and federal food and drug laws.

(c) The Commissioner of Consumer Protection, acting upon the advice of the Commission of Pharmacy, may by regulation designate, after investigation, as a controlled substance, a substance or chemical composition containing any quantity of a substance which has been found to have a stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and having a tendency to promote abuse or physiological or psychological dependence or both. Such substances are classifiable as amphetamine-type, barbiturate-type, cannabis-type, cocaine-type, hallucinogenic, morphine-type and other stimulant and depressant substances, and specifically exclude alcohol, caffeine and nicotine. Substances which are designated as controlled substances shall be classified in schedules I to V by regulations adopted pursuant to subsection (a) of this section.

(d) The Commissioner of Consumer Protection may by regulation change the schedule in which a substance classified as a controlled substance in schedules I to V of the controlled substance scheduling regulations is placed. On or before December 15, 1986, and annually thereafter, the commissioner shall submit a list of all such schedule changes to the chairmen and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to public health.

(e) Notwithstanding the provisions of subsections (a) to (d), inclusive, of this section, not later than January 1, 2013, the Commissioner of Consumer Protection shall submit amendments to sections 21a-243-7 and 21a-243-8 of the regulations of Connecticut state agencies to the standing legislative regulation review committee to reclassify marijuana as a controlled substance in schedule II under the Connecticut controlled substance scheduling regulations.

[ (e) ] (f) A new or amended regulation under this chapter shall be adopted in accordance with the provisions of chapter 54.

[ (f) ] (g) In the event of any inconsistency between the contents of schedules I, II, III, IV and V of the controlled substance scheduling regulations and schedules I, II, III, IV and V of the federal Controlled Substances Act, as amended, the provisions of the federal act shall prevail, except (1) when the provisions of the Connecticut controlled substance scheduling regulations place a controlled substance in a schedule with a higher numerical designation, schedule I being the highest designation, or (2) as provided in subsection (e) of this section.

[ (g) ] (h) When a drug that is not a controlled substance in schedule I, II, III, IV or V, as designated in the Connecticut controlled substance scheduling regulations, is designated to be a controlled substance under the federal Controlled Substances Act, such drug shall be considered to be controlled at the state level in the same numerical schedule for a period of two hundred forty days from the effective date of the federal classification.

[ (h) ] (i) The Commissioner of Consumer Protection shall, by regulation adopted pursuant to this section, designate the following substances, by whatever official, common, usual, chemical or trade name designation, as controlled substances and classify each such substance in the appropriate schedule:

(1) 1-pentyl-3-(1-naphthoyl)indole (JWH-018);

(2) 1-butyl-3-(1-naphthoyl)indole (JWH-073);

(3) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);

(4) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497);

(5) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol; CP-47,497 C8 homologue);

(6) Salvia divinorum; and

[ (i) ] (j) Notwithstanding the provisions of subsection (c) of this section, the Commissioner of Consumer Protection shall designate the following substances, by whatever official, common, usual, chemical or trade name designation, as controlled substances in schedule I of the controlled substances scheduling regulations:

(1) Mephedrone (4-methylmethcathinone); and

(2) MDPV (3,4-methyenedioxypyrovalerone).

Sec. 19. (NEW) (Effective from passage) There is established a palliative marijuana administration account which shall be a separate, nonlapsing account within the General Fund. The account shall contain any fees collected pursuant to subsection (a) of section 5 of this act, any fees collected pursuant to sections 9 and 10 of this act, any fees collected pursuant to subsection (b) of section 14 of this act, and any other moneys required by law to be deposited in the account, and shall be held in trust separate and apart from all other moneys, funds and accounts. Any balance remaining in the account at the end of any fiscal year shall be carried forward in the account for the fiscal year next succeeding. Investment earnings credited to the account shall become part of the account. Amounts in the account shall be expended only for the purpose of providing funds to the Department of Consumer Protection for administering the provisions of sections 1 to 16, inclusive, of this act.