§ 21a-408a — Qualifying patient not subject to arrest, prosecution or certain other penalties. Requirements. Exceptions.

Connecticut § 21a-408a

• Jurisdiction: Connecticut
• Title 21a: Consumer Protection
• Ch. 420f: Palliative Use of Marijuana

Text

(a) A qualifying patient shall register with the Department of Consumer Protection pursuant to section 21a-408d 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 21a-408d and complies with the requirements of sections 21a-408 to 21a-408m, inclusive, 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, physician assistant or advanced practice registered nurse has issued a written certification to the qualifying patient for the palliative use of marijuana after the physician, physician assistant or advanced practice registered nurse 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 caregiver for palliative use does not exceed five ounces; (3) The qualifying patient has not more than one caregiver at any time; and (4) Any cannabis plants grown by the qualifying patient in his or home is in compliance with subsection (b) of section 21a-408d and any applicable regulations. (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 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, unless such college or university is participating in a research program and such use is pursuant to the terms of the research program, (D) in any public place, or (E) in the presence of a person under the age of eighteen, unless such person is a qualifying patient or research program subject. 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 ; (iv) “motor bus” means a motor bus, as defined in section 14-1 ; and (v) “school bus” means a school bus, as defined in section 14-1 .

Legislative History

(P.A. 12-55, S. 2; P.A. 16-23, S. 2; 16-39, S. 48; June Sp. Sess. P.A. 21-1, S. 67; P.A. 22-103, S. 12.) History: P.A. 16-23 amended Subsec. (b)(2) by adding provision re college or university participating in research program in Subpara. (C) and adding provision re qualifying patient or research program subject in Subpara. (E); P.A. 16-39 amended Subsec. (a)(1) by adding references to advanced practice registered nurse, effective January 1, 2017; June Sp. Sess. P.A. 21-1 amended Subsec. (a) by replacing reference to Sec. 21a-408n with Sec. 21a-408m, deleting “primary” before references to caregiver, replacing reference to amount determined by department with 5 ounces in Subdiv. (2), adding Subdiv. (4) re growing of cannabis plants and amended Subsec. (b) by deleting “primary” before reference to caregiver, effective July 1, 2021; P.A. 22-103 amended Subsec. (a)(1) by adding references to physician assistants, effective July 1, 2022.