§ 21a-408h — Dispensaries and dispensary facilities. Licensure. Regulations.

(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) No person may act as a dispensary facility or represent that such person is a licensed dispensary facility unless such person has obtained a license from the Commissioner of Consumer Protection pursuant to this section. (c) The Commissioner of Consumer Protection shall determine the number of dispensary facilities appropriate to meet the needs of qualifying patients in this state and shall adopt regulations, in accordance with chapter 54, to provide for the licensure and standards for dispensary facilities in this state and specify the maximum number of dispensary facilities 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 the commissioner deems such applicant qualified to acquire, possess, distribute and dispense marijuana pursuant to sections 21a-408 to 21a-408m , inclusive. At a minimum, such regulations shall: (1) Indicate the maximum number of dispensary facilities that may be licensed in this state; (2) Provide that no marijuana may be dispensed from, obtained from or transferred to a location outside of this state; (3) Provide for renewal of dispensary facility licenses at least every two years; (4) Describe areas in this state where dispensary facilities 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 ; (5) Establish health, safety and security requirements for dispensary facilities, which may include, but need not be limited to: (A) The ability to maintain adequate control against the diversion, theft and loss of marijuana acquired or possessed by the dispensary facility, and (B) 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; (6) Establish standards and procedures for revocation, suspension, summary suspension and nonrenewal of dispensary facility licenses, provided such standards and procedures are consistent with the provisions of subsection (c) of section 4-182 ; and (7) Establish other licensing, renewal and operational standards deemed necessary by the commissioner.

Legislative History

(P.A. 12-55, S. 9; P.A. 15-244, S. 100; P.A. 16-23, S. 6; June Sp. Sess. P.A. 21-1, S. 72; P.A. 23-79, S. 13; 23-166, S. 5.) History: P.A. 12-55 effective May 31, 2012; P.A. 15-244 amended Subsec. (c) to substitute “General Fund” for “account established pursuant to section 21a-408q”, effective July 1, 2015; P.A. 16-23 added Subsec. (d) re report of data by licensed dispensaries to Department of Consumer Protection; June Sp. Sess. P.A. 21-1 added new Subsec. (b) re licensure of dispensary facilities, redesignated existing Subsecs. (b) to (d) as Subsecs. (c) to (e), replaced references to dispensaries with dispensary facilities and replaced references to Sec. 21a-408n with Sec. 21a-408m, amended redesignated Subsec. (c) by deleting former Subdivs. (2) and (3) re applicant being a licensed pharmacist and number of dispensary licenses issued and deleting Subdiv. designator (1), redesignating former Subpara. (A) as Subdiv. (1), deleting former Subpara. (B) re requiring only licensed pharmacist receiving a dispensary license, redesignating existing Subparas. (C) to (I) as Subdivs. (2) to (8) and made technical changes, effective July 1, 2021; P.A. 23-79 amended Subsec. (c) by deleting former Subdiv. (3) re establishment of licensing and renewal fees for dispensary facilities, redesignating former Subdivs. (4) to (8) as Subdivs. (3) to (7) and making a conforming change in redesignated Subdiv. (3), deleted former Subsec. (d) re deposit of fees collected by Department of Consumer Protection under section and redesignated existing Subsec. (e) as Subsec. (d), effective July 1, 2023; P.A. 23-166 deleted former Subsec. (e) re data report by dispensary facilities, effective July 1, 2023.