February Session, 2016
LCO No. 4348
REP. CANDELARIA, 95th Dist.
REP. WALKER, 93rd Dist.
REP. CURREY, 11th Dist.
REP. LEMAR, 96th Dist.
REP. PORTER, 94th Dist.
REP. JOHNSON, 49th Dist.
REP. ALBIS, 99th Dist.
REP. HADDAD, 54th Dist.
REP. URBAN, 43rd Dist.
REP. LESSER, 100th Dist.
REP. VARGAS, 6th Dist.
REP. ARCE, 4th Dist.
REP. SANCHEZ, 25th Dist.
REP. LOPES, 24th Dist.
REP. MEGNA, 97th Dist.
REP. GONZALEZ, 3rd Dist.
REP. RITTER M. , 1st Dist.
"AN ACT CONCERNING THE PALLIATIVE USE OF MARIJUANA. "
After the last section, add the following and renumber sections and internal references accordingly:
"Sec. 501. (NEW) (Effective from passage) Not later than January 1, 2017, the Commissioner of Consumer Protection, in consultation with the Commissioners of Revenue Services, Public Health, Motor Vehicles and Emergency Services and Public Protection, and the Judicial Department, shall adopt regulations in accordance with chapter 54 of the general statutes to carry out the following provisions:
(1) Permit the production, processing and retail sale of marijuana;
(2) (A) Require a separate license for each location of production, processing and retail sale of marijuana, and (B) establish (i) an application fee for a production, processing or retailer license in the amount of three thousand dollars for each location, and (ii) an initial fee for the issuance of such license and an annual fee for the renewal of such license in the amount of one thousand five hundred dollars for each location;
(3) Prohibit licensed marijuana producers and licensed marijuana processors from having a direct or indirect financial interest in a licensed marijuana retailer;
(4) (A) Impose and collect an excise tax on the wholesale sale of useable marijuana and marijuana-infused products in the state by a licensed marijuana producer to another licensed marijuana producer or a licensed marijuana processor and by a licensed marijuana processor to a licensed marijuana retailer at the rate of twenty-five per cent of the wholesale sales price of such marijuana or marijuana-infused products, (B) impose and collect a sales tax in accordance with the provisions of section 12-408 of the general statutes on the retail sale of useable marijuana and marijuana-infused products in the state by a licensed retailer, (C) impose and collect a use tax in accordance with the provisions of section 12-411 of the general statutes on (i) the storage, acceptance, consumption or any other use in the state of useable marijuana or marijuana-infused products purchased from a licensed retailer for storage, acceptance, consumption or any other use in the state, and (ii) the acceptance or receipt of any services in the state constituting a sale of marijuana or marijuana-infused products in accordance with the provisions of subdivision (2) of subsection (a) of section 12-407 of the general statutes, purchased from a licensed retailer for consumption or use, and (D) impose and collect an excise tax on the retail sale in the state of useable marijuana and marijuana-infused products by a licensed retailer at the rate of twenty-five per cent of the retail sales price of such marijuana or marijuana-infused products;
(5) Provide that revenue generated from taxation under subdivision (4) of this section go to the General Fund, except that some shall go to (A) drug awareness education and efforts to curb abuse of opiates, alcohol and other harmful substances, (B) ensure the marijuana is tested for illicit substances and potency, and (C) study the impact of marijuana legalization and consumption;
(6) Require all marijuana of a certain potency be labeled as such and that such marijuana be packaged in a child-safe manner;
(7) Provide that medical marijuana dispensaries have initial access to recreational licensing;
(8) Require (A) roadside testing for impaired drivers, and (B) that driving under the influence laws apply when marijuana has been consumed in the two hours preceding a person driving;
(9) Ensure current legal status concerning growth for personal use;
(10) Ensure that medical marijuana not be subject to a retail sales tax;
(11) Require that consumers transport marijuana in a sealed container; and
(12) Ban public consumption of marijuana. "
This act shall take effect as follows and shall amend the following sections: