§ 21a-408d — Qualifying patient and caregiver to register with Department of Consumer Protection. Change in information. Cultivation of cannabis plants. Prohibition re dispensing marijuana in smokable, inhalable or vaporizable form. Confidentiality of registry information.

(a) Each qualifying patient who is issued a written certification for the palliative use of marijuana under subdivision (1) of subsection (a) of section 21a-408a, and the 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, physician assistant or advanced practice registered nurse. The qualifying patient and the caregiver shall provide sufficient identifying information, as determined by the department, to establish the personal identity of the qualifying patient and the caregiver. If the qualifying patient is under eighteen years of age and not an emancipated minor, the custodial parent, guardian or other person having legal custody of the qualifying patient shall also provide a letter from both the qualifying patient's care provider and a physician who is board certified in an area of medicine involved in the treatment of the debilitating condition for which the qualifying patient was certified that confirms that the palliative use of marijuana is in the best interest of the qualifying patient. A physician may issue a written certification for the palliative use of marijuana by a qualifying patient who is under eighteen years of age, provided such written certification shall not be for marijuana in a dosage form that requires that the marijuana be smoked, inhaled or vaporized. The qualifying patient or the caregiver shall report any change in the identifying 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 caregiver. (b) Any qualifying patient who is eighteen years of age or older may cultivate up to three mature cannabis plants and three immature cannabis plants in the patient's primary residence at any given time, provided such plants are secure from access by any individual other than the patient or patient's caregiver and no more than twelve cannabis plants may be grown per household. (c) A dispensary shall not dispense any marijuana products in a smokable, inhalable or vaporizable form to a qualifying patient who is under eighteen years of age or such qualifying patient's caregiver. (d) 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 , except that reasonable access to registry information obtained under this section 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, physician assistants, advanced practice registered nurses 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 21a-408 to 21a-408m , inclusive; (5) a qualifying patient, but only with respect to information related to such qualifying patient or such qualifying patient's caregiver; or (6) a caregiver, but only with respect to information related to such caregiver's qualifying patient.

Legislative History

(P.A. 12-55, S. 5; P.A. 15-244, S. 99; P.A. 16-23, S. 5; 16-39, S. 50; June Sp. Sess. P.A. 21-1, S. 70; P.A. 22-103, S. 14, 15.) History: P.A. 15-244 amended Subsec. (a) to substitute “General Fund” for “account established pursuant to section 21a-408q”, effective July 1, 2015; P.A. 16-23 amended Subsec. (a) by adding provisions re palliative use of marijuana by a qualifying patient under 18 years of age and making a technical change, added new Subsec. (b) re selection of dispensary, added Subsec. (c) re dispensing marijuana products in smokable, inhalable or vaporizable form, and redesignated existing Subsec. (b) re information obtained as Subsec. (d); P.A. 16-39 amended Subsecs. (a) and (b)(2) by adding references to advanced practice registered nurse, effective January 1, 2017; June Sp. Sess. P.A. 21-1 replaced references to primary caregiver with caregiver, deleted former Subsec. (b) re selection of licensed dispensary, added new Subsec. (b) re cultivation of cannabis plants, amended Subsec. (c) by adding reference to caregiver and amended Subsec. (d) by deleting reference to temporary registration information under Sec. 21a-408n and replacing reference to Sec. 21a-408n with Sec. 21a-408m; P.A. 22-103 amended Subsecs. (a) and (d)(2) by adding references to physician assistants, effective July 1, 2022, and further amended Subsec. (a) to delete provisions re registration fee, effective July 1, 2023.