Connecticut Seal

General Assembly



February Session, 2012

LCO No. 4821



Offered by:


SEN. BOUCHER, 26th Dist.


To: House Bill No. 5389

File No. 597

Cal. No. 430

In lines 61, 110, and 147, after "arrest or prosecution" insert "under state law"

Strike lines 168 to 187, inclusive, in their entirety and substitute the following in lieu thereof:

"Sec. 5. (NEW) (Effective October 1, 2012) (a) Each qualifying patient who is issued a written certification for the palliative use of marijuana under subdivision (1) of subsection (a) of section 2 of this act, and the primary 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. The qualifying patient and the primary caregiver shall provide sufficient identifying information, as determined by the department, to establish the personal identity of the qualifying patient and the primary caregiver. The qualifying patient or the primary caregiver shall report any change in such 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 primary caregiver and may charge a reasonable fee, not to exceed twenty-five dollars, for each registration certificate issued under this subsection. The department shall include on such certificate of registration a statement, in not less than ten point boldface type, that the issuance of such certificate of registration does not limit the power of a federal law enforcement agency to arrest or prosecute the qualifying patient or primary caregiver pursuant to federal law. Any registration fees collected by the department under this subsection shall be paid to the State Treasurer and credited to the account established pursuant to section 19 of this act. "

In lines 207, 360, 373, 500 and 507, after "prosecution" insert "under state law"

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. (NEW) (Effective October 1, 2012) Nothing in sections 1 to 17, inclusive, of this act, section 19 of this act, or subsection (e) of section 21a-243 of the general statutes, as amended by this act, shall be construed to supersede any federal law concerning the criminalization, acquisition, cultivation, distribution, dispensing, possession, sale, transportation and use of marijuana and of paraphernalia related to marijuana. "

This act shall take effect as follows and shall amend the following sections:

Sec. 5

October 1, 2012

New section

Sec. 501

October 1, 2012

New section