§ 21a-408s — Prohibitions for cannabis testing laboratories and cannabis testing laboratory employees and when not subject to arrest or certain other penalties. Cannabis testing laboratories to be independent. Security and safeguard requirements.

Connecticut § 21a-408s

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

Text

(a) No cannabis testing laboratory or cannabis testing laboratory employee may (1) acquire marijuana from a person other than (A) a cannabis establishment or an organization engaged in a research program, or (B) a caregiver, a qualifying patient or a consumer, as defined in section 21a-420, providing a marijuana sample under regulations adopted by the Commissioner of Consumer Protection pursuant to subsection (d) of section 21a-408r, (2) deliver, transport or distribute marijuana to (A) a person who is not a cannabis establishment from which the marijuana was originally acquired by the cannabis testing laboratory or cannabis testing laboratory employee, or (B) an organization not engaged in a research program, or (3) obtain or transport marijuana outside of this state in violation of state or federal law. (b) (1) No cannabis testing laboratory employee acting within the scope of such cannabis testing laboratory employee's 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, delivering, transporting or distributing marijuana to a cannabis establishment or an organization engaged in an approved research program under the provisions of this chapter. (2) No cannabis testing laboratory shall be subject to prosecution, penalized in any manner, including, but not limited to, being subject to any civil penalty or denied any right or privilege, for acquiring, possessing, delivering, transporting or distributing marijuana to a cannabis establishment or an organization engaged in an approved research program under the provisions of this chapter. (c) A cannabis testing laboratory shall be independent from all other persons involved in the marijuana industry in Connecticut, which shall mean that no person with a direct or indirect financial, managerial or controlling interest in the cannabis testing laboratory shall have a direct or indirect financial, managerial or controlling interest in a cannabis establishment or any other entity that may benefit from the laboratory test results for a cannabis or marijuana sample or product. (d) (1) Except as provided in subdivision (2) of this subsection, a cannabis testing laboratory shall maintain all minimum security and safeguard requirements for the storage of handling of controlled substances as a laboratory that is licensed to provide analysis of controlled substances pursuant to section 21a-246 and any regulations adopted thereunder. (2) The department may waive any minimum security or safeguard requirement described in subdivision (1) of this subsection if (A) a cannabis testing laboratory submits to the department, in a form and manner prescribed by the department, a written request for such waiver that proposes an alternative requirement that provides public health and safety protections that are equal to or greater than the protections provided by such minimum security or safeguard requirement, and (B) the department (i) reviews such request to assess the potential for product diversion, theft and criminal activity under such proposed alternative requirement and the likely impact that waiving such minimum security or safeguard requirement will have on public health and safety, (ii) determines, in the department's discretion, that such proposed alternative requirement would provide equal or greater protection for public health and safety, and (iii) issues such waiver in writing.

Legislative History

(P.A. 16-23, S. 11; June Sp. Sess. P.A. 21-1, S. 80; P.A. 23-79, S. 17.) History: June Sp. Sess. P.A. 21-1 replaced references to licensed producer and licensed dispensary with “cannabis establishment” throughout, amended Subsec. (a) by adding “laboratory” and deleting former Subpara. (B) re licensed producer and redesignating existing Subpara. (C) as Subpara. (B) in Subdiv. (2), added Subsec. (c) re laboratories to be independent and added Subsec. (d) re security and safeguard requirements, effective July 1, 2021; P.A. 23-79 amended Subsec. (a) by substituting “cannabis testing laboratory” for “laboratory” and “cannabis testing laboratory employee” for “employee”, amended Subsec. (a)(1) by designating existing provisions re cannabis establishment or organization engaged in research program as Subpara. (A) and adding Subpara. (B) re caregiver, qualifying patient or consumer providing marijuana sample under regulations adopted by Commissioner of Consumer Protection, amended Subsec. (b) by substituting “cannabis testing laboratory employee” for “laboratory employee” and made a technical and conforming change, amended Subsecs. (c) and (d) by substituting “cannabis testing laboratory” for “laboratory”, and further amended Subsec. (d) by designating existing provisions as Subdiv. (1), adding reference to Subdiv. (2) in Subdiv. (1) and adding Subdiv. (2) re waiver of minimum security requirements described in Subdiv. (1), effective July 1, 2023.