§ 21a-408v — Research program subjects not subject to arrest, prosecution or certain other penalties. Registration. Exceptions. Confidentiality of information.

(a) Any person seeking to participate as a research program subject shall register with the Department of Consumer Protection prior to participating in an approved research program. The Commissioner of Consumer Protection shall prescribe the standards and procedures for obtaining a certificate of registration as a research program subject. (b) A research program subject who has a valid registration certificate from the Department of Consumer Protection and is acting within the scope of his or her involvement in an approved research program 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 use of marijuana. (c) The provisions of subsection (b) of this section do not apply to: (1) Any use of marijuana that endangers the health or well-being of a person other than the research program subject or a research program employee; 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 eighteen years of age unless such person is a qualifying patient or research program subject. For 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 . (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 and pharmacists for the purpose of providing patient care and drug therapy management and monitoring controlled substances obtained by the research program subject, (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, or (5) a research program subject, but only with respect to information related to such research program subject.

Legislative History

(P.A. 16-23, S. 14; June Sp. Sess. P.A. 21-1, S. 139.) History: June Sp. Sess. P.A. 21-1 amended Subsec. (d) to change a reference from Sec. 21a-408n to Sec. 21a-408m, effective July 1, 2021.