Sec. 21a-240. (Formerly Sec. 19-443). Definitions.
Sec. 21a-249. (Formerly Sec. 19-457). Prescription requirements.
Sec. 21a-240. (Formerly Sec. 19-443). Definitions. The following words and phrases, as used in this chapter, shall have the following meanings, unless the context otherwise requires:
(1) “Abuse of drugs” means the use of controlled substances solely for their stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and not as a therapeutic agent prescribed in the course of medical treatment or in a program of research operated under the direction of a physician or pharmacologist.
(2) “Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by: (A) A practitioner, or, in the practitioner's presence, by the practitioner's authorized agent, or (B) the patient or research subject at the direction and in the presence of the practitioner, or (C) a nurse or intern under the direction and supervision of a practitioner.
(3) “Agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, dispenser or prescribing practitioner, but does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman.
(4) “Amphetamine-type substances” include amphetamine, optical isomers thereof, salts of amphetamine and its isomers, and chemical compounds which are similar thereto in chemical structure or which are similar thereto in physiological effect, and which show a like potential for abuse, which are controlled substances under this chapter unless modified.
(5) “Barbiturate-type drugs” include barbituric acid and its salts, derivatives thereof and chemical compounds which are similar thereto in chemical structure or which are similar thereto in physiological effect, and which show a like potential for abuse, which are controlled substances under this chapter unless modified.
(6) “Bureau” means the Bureau of Narcotics and Dangerous Drugs, United States Department of Justice, or its successor agency.
(7) “Cannabis-type substances” include all parts of any plant, or species of the genus cannabis or any infra specific taxon thereof whether growing or not; the seeds thereof; the resin extracted from any part of such a plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil or cake, the sterilized seed of such plant which is incapable of germination, or hemp, as defined in 7 USC 1639o, as amended from time to time. Included are cannabinon, cannabinol, cannabidiol and chemical compounds which are similar to cannabinon, cannabinol or cannabidiol in chemical structure or which are similar thereto in physiological effect, and which show a like potential for abuse, which are controlled substances under this chapter unless derived from hemp, as defined in section 22-61l.
(8) “Controlled drugs” are those drugs which contain any quantity of a substance which has been designated as subject to the federal Controlled Substances Act, or which has been designated as a depressant or stimulant drug pursuant to federal food and drug laws, or which has been designated by the Commissioner of Consumer Protection pursuant to section 21a-243, as having a stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and as having a tendency to promote abuse or psychological or physiological dependence, or both. Such controlled drugs are classifiable as amphetamine-type, barbiturate-type, cannabis-type, cocaine-type, hallucinogenic, morphine-type and other stimulant and depressant drugs. Specifically excluded from controlled drugs and controlled substances are alcohol, nicotine and caffeine.
(9) “Controlled substance” means a drug, substance, or immediate precursor in schedules I to V, inclusive, of the Connecticut controlled substance scheduling regulations adopted pursuant to section 21a-243.
(10) “Counterfeit substance” means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed the substance.
(11) “Deliver or delivery” means the actual, constructive or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.
(12) “Dentist” means a person authorized by law to practice dentistry in this state.
(13) “Dispense” means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling or compounding necessary to prepare the substance for the delivery.
(14) “Dispenser” means a practitioner who dispenses.
(15) “Distribute” means to deliver other than by administering or dispensing a controlled substance.
(16) “Distributor” means a person who distributes and includes a wholesaler who is a person supplying or distributing controlled drugs which the person personally has not produced or prepared to hospitals, clinics, practitioners, pharmacies, other wholesalers, manufacturers and federal, state and municipal agencies.
(17) “Drug” means (A) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; (B) substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals; (C) substances, other than food, intended to affect the structure or any function of the body of man or animals; and (D) substances intended for use as a component of any article specified in subparagraph (A), (B) or (C) of this subdivision. It does not include devices or their components, parts or accessories.
(18) “Drug dependence” means a psychoactive substance dependence on drugs as that condition is defined in the most recent edition of the “Diagnostic and Statistical Manual of Mental Disorders” of the American Psychiatric Association.
(19) “Drug-dependent person” means a person who has a psychoactive substance dependence on drugs as that condition is defined in the most recent edition of the “Diagnostic and Statistical Manual of Mental Disorders” of the American Psychiatric Association.
(20) (A) “Drug paraphernalia” means equipment, products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing or concealing, or ingesting, inhaling or otherwise introducing into the human body, any controlled substance contrary to the provisions of this chapter, including, but not limited to: (i) Kits intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant that is a controlled substance or from which a controlled substance can be derived; (ii) kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances; (iii) isomerization devices used or intended for use in increasing the potency of any species of plant that is a controlled substance; (iv) testing equipment used, intended for use or designed for use in identifying or analyzing the strength, effectiveness or purity of controlled substances; (v) dilutents and adulterants, including, but not limited to, quinine hydrochloride, mannitol, mannite, dextrose and lactose used, intended for use or designed for use in cutting controlled substances; (vi) separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana; (vii) capsules and other containers used, intended for use or designed for use in packaging small quantities of controlled substances; (viii) containers and other objects used, intended for use or designed for use in storing or concealing controlled substances; and (ix) objects used, intended for use or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, including, but not limited to, wooden, acrylic, glass, stone, plastic or ceramic pipes with screens, permanent screens, hashish heads or punctured metal bowls; water pipes; carburetion tubes and devices; smoking and carburetion masks; roach clips; miniature cocaine spoons and cocaine vials; chamber pipes; carburetor pipes; electric pipes; air-driven pipes; chillums; bongs; ice pipes and chillers. “Drug paraphernalia” does not include a product used by a manufacturer licensed pursuant to this chapter for the activities permitted under the license or by an individual to test any substance prior to injection, inhalation or ingestion of the substance to prevent accidental overdose by injection, inhalation or ingestion of the substance, provided the licensed manufacturer or individual is not using the product to engage in the unlicensed manufacturing or distribution of controlled substances. As used in this subdivision, “roach clip” means an object used to hold burning material, including, but not limited to, a marijuana cigarette, that has become too small or too short to be held between the fingers.
(B) “Factory” means any place used for the manufacturing, mixing, compounding, refining, processing, packaging, distributing, storing, keeping, holding, administering or assembling illegal substances contrary to the provisions of this chapter, or any building, rooms or location which contains equipment or paraphernalia used for this purpose.
(21) “Federal Controlled Substances Act, 21 USC 801 et seq.” means Public Law 91-513, the Comprehensive Drug Abuse Prevention and Control Act of 1970.
(22) “Federal food and drug laws” means the federal Food, Drug and Cosmetic Act, as amended, Title 21 USC 301 et seq.
(23) “Hallucinogenic substances” are psychodysleptic substances, other than cannabis-type substances, which assert a confusional or disorganizing effect upon mental processes or behavior and mimic acute psychotic disturbances. Exemplary of such drugs are mescaline, peyote, psilocyn and d-lysergic acid diethylamide, which are controlled substances under this chapter unless modified.
(24) “Hospital”, as used in sections 21a-243 to 21a-283, inclusive, means an institution for the care and treatment of the sick and injured, approved by the Department of Public Health or the Department of Mental Health and Addiction Services as proper to be entrusted with the custody of controlled drugs and substances and professional use of controlled drugs and substances under the direction of a licensed practitioner.
(25) “Intern” means a person who holds a degree of doctor of medicine or doctor of dental surgery or medicine and whose period of service has been recorded with the Department of Public Health and who has been accepted and is participating in training by a hospital or institution in this state. Doctors meeting the foregoing requirements and commonly designated as “residents” and “fellows” shall be regarded as interns for purposes of this chapter.
(26) “Immediate precursor” means a substance which the Commissioner of Consumer Protection has found to be, and by regulation designates as being, the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used, in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail or limit manufacture.
(27) “Laboratory” means a laboratory approved by the Department of Consumer Protection as proper to be entrusted with the custody of controlled substances and the use of controlled substances for scientific and medical purposes and for purposes of instruction, research or analysis.
(28) “Manufacture” means the production, preparation, cultivation, growing, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance by an individual for the individual's own use or the preparation, compounding, packaging or labeling of a controlled substance: (A) By a practitioner as an incident to the practitioner administering or dispensing of a controlled substance in the course of such practitioner's professional practice, or (B) by a practitioner, or by the practitioner's authorized agent under such practitioner's supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale.
(29) “Marijuana” means all parts of any plant, or species of the genus cannabis or any infra specific taxon thereof, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, any high-THC hemp product; manufactured cannabinoids, synthetic cannabinoids, except as provided in subparagraph (E) of this subdivision; or cannabinon, cannabinol or cannabidiol and chemical compounds which are similar to cannabinon, cannabinol or cannabidiol in chemical structure or which are similar thereto in physiological effect, which are controlled substances under this chapter, except cannabidiol derived from hemp, as defined in section 22-61l, that is not a high-THC hemp product. “Marijuana” does not include: (A) The mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks, except the resin extracted from such mature stalks or fiber, oil or cake; (B) the sterilized seed of such plant which is incapable of germination; (C) hemp, as defined in section 22-61l, (i) with a total THC concentration of not more than three-tenths per cent on a dry-weight basis, and (ii) that is not a high-THC hemp product; (D) any substance approved by the federal Food and Drug Administration or successor agency as a drug and reclassified in any schedule of controlled substances or unscheduled by the federal Drug Enforcement Administration or successor agency which is included in the same schedule designated by the federal Drug Enforcement Administration or successor agency; or (E) synthetic cannabinoids which are controlled substances that are designated by the Commissioner of Consumer Protection, by whatever official, common, usual, chemical or trade name designation, as controlled substances and are classified in the appropriate schedule in accordance with subsections (i) and (j) of section 21a-243.
(30) “Narcotic substance” means any of the following, whether produced directly or indirectly by extraction from a substance of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (A) Morphine-type: (i) Opium or opiate, or any salt, compound, derivative, or preparation of opium or opiate which is similar to any such substance in chemical structure or which is similar to any such substance in physiological effect and which shows a like potential for abuse, which is a controlled substance under this chapter unless modified; (ii) any salt, compound, isomer, derivative, or preparation of any such substance which is chemically equivalent or identical to any substance referred to in clause (i) of this subdivision, but not including the isoquinoline alkaloids of opium; (iii) opium poppy or poppy straw; or (iv) (I) fentanyl or any salt, compound, derivative or preparation of fentanyl which is similar to any such substance in chemical structure or which is similar to any such substance in physiological effect and which shows a like potential for abuse, which is a controlled substance under this chapter unless modified, or (II) any salt, compound, isomer, derivative or preparation of any such substance which is chemically equivalent or identical to any substance referred to in subclause (I) of this clause; or (B) cocaine-type; coca leaves or any salt, compound, derivative or preparation of coca leaves, or any salt, compound, isomer, derivatives or preparation of any such substance which is chemically equivalent or identical to any such substance or which is similar to any such substance in physiological effect and which shows a like potential for abuse, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine.
(31) “Nurse” means a person performing nursing as defined in section 20-87a.
(32) “Official written order” means an order for controlled substances written on a form provided by the bureau for that purpose under the federal Controlled Substances Act.
(33) “Opiate” means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability; it does not include, unless specifically designated as controlled under this chapter, the dextrorotatory isomer of 3-methoxy-n-methylmorthinan and its salts (dextro-methorphan) but shall include its racemic and levorotatory forms.
(34) “Opium poppy” means the plant of the species papaver somniferum l., except its seed.
(35) Repealed by P.A. 99-102, S. 51.
(36) “Other stimulant and depressant drugs” means controlled substances other than amphetamine-type, barbiturate-type, cannabis-type, cocaine-type, hallucinogenics and morphine-type which are found to exert a stimulant and depressant effect upon the higher functions of the central nervous system and which are found to have a potential for abuse and are controlled substances under this chapter.
(37) “Person” includes any corporation, limited liability company, association or partnership, or one or more individuals, government or governmental subdivisions or agency, business trust, estate, trust, or any other legal entity. Words importing the plural number may include the singular; words importing the masculine gender may be applied to females.
(38) “Pharmacist” means a person authorized by law to practice pharmacy pursuant to section 20-590, 20-591, 20-592 or 20-593.
(39) “Pharmacy” means an establishment licensed pursuant to section 20-594.
(40) “Physician” means a person authorized by law to practice medicine in this state pursuant to section 20-9.
(41) “Podiatrist” means a person authorized by law to practice podiatry in this state.
(42) “Poppy straw” means all parts, except the seeds, of the opium poppy, after mowing.
(43) “Practitioner” means: (A) A physician, dentist, veterinarian, podiatrist, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state; (B) a pharmacy, hospital or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.
(44) “Prescribe” means order or designate a remedy or any preparation containing controlled substances.
(45) “Prescription” means a written, oral or electronic order for any controlled substance or preparation from a licensed practitioner to a pharmacist for a patient.
(46) “Production” includes the manufacture, planting, cultivation, growing or harvesting of a controlled substance.
(47) “Registrant” means any person licensed by this state and assigned a current federal Bureau of Narcotics and Dangerous Drug Registry Number as provided under the federal Controlled Substances Act.
(48) “Registry number” means the alphabetical or numerical designation of identification assigned to a person by the federal Drug Enforcement Administration, or other federal agency, which is commonly known as the federal registry number.
(49) “Restricted drugs or substances” are the following substances without limitation and for all purposes: Datura stramonium; hyoscyamus niger; atropa belladonna, or the alkaloids atropine; hyoscyamine; belladonnine; apatropine; or any mixture of these alkaloids such as daturine, or the synthetic homatropine or any salts of these alkaloids, except that any drug or preparation containing any of the above-mentioned substances which is permitted by federal food and drug laws to be sold or dispensed without a prescription or written order shall not be a controlled substance; amyl nitrite; the following volatile substances to the extent that said chemical substances or compounds containing said chemical substances are sold, prescribed, dispensed, compounded, possessed or controlled or delivered or administered to another person with the purpose that said chemical substances shall be breathed, inhaled, sniffed or drunk to induce a stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system: Acetone; benzene; butyl alcohol; butyl nitrate and its salts, isomers, esters, ethers or their salts; cyclohexanone; dichlorodifluoromethane; ether; ethyl acetate; formaldehyde; hexane; isopropanol; methanol; methyl cellosolve acetate; methyl ethyl ketone; methyl isobutyl ketone; nitrous oxide; pentochlorophenol; toluene; toluol; trichloroethane; trichloroethylene; 1,4 butanediol.
(50) “Sale” is any form of delivery which includes barter, exchange or gift, or offer therefor, and each such transaction made by any person whether as principal, proprietor, agent, servant or employee.
(51) “State”, when applied to a part of the United States, includes any state, district, commonwealth, territory or insular possession thereof, and any area subject to the legal authority of the United States of America.
(52) “State food, drug and cosmetic laws” means the Uniform Food, Drug and Cosmetic Act, section 21a-91 et seq.
(53) “Ultimate user” means a person who lawfully possesses a controlled substance for the person's own use or for the use of a member of such person's household or for administering to an animal owned by such person or by a member of such person's household.
(54) “Veterinarian” means a person authorized by law to practice veterinary medicine in this state.
(55) “Wholesaler” means a distributor or a person who supplies controlled substances that the person personally has not produced or prepared to registrants.
(56) “Reasonable times” means the time or times any office, care-giving institution, pharmacy, clinic, wholesaler, manufacturer, laboratory, warehouse, establishment, store or place of business, vehicle or other place is open for the normal affairs or business or the practice activities usually conducted by the registrant.
(57) “Unit dose drug distribution system” means a drug distribution system used in a hospital or chronic and convalescent nursing home in which drugs are supplied in individually labeled unit of use packages, each patient's supply of drugs is exchanged between the hospital pharmacy and the drug administration area or, in the case of a chronic and convalescent nursing home between a pharmacy and the drug administration area, at least once each twenty-four hours and each patient's medication supply for this period is stored within a patient-specific container, all of which is conducted under the direction of a pharmacist licensed in Connecticut and, in the case of a hospital, directly involved in the provision and supervision of pharmaceutical services at such hospital at least thirty-five hours each week.
(58) “Cocaine in a free-base form” means any substance which contains cocaine, or any compound, isomer, derivative or preparation thereof, in a nonsalt form.
(59) “THC” means tetrahydrocannabinol, including, but not limited to, delta-7, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol and delta-10-tetrahydrocannabinol, and any material, compound, mixture or preparation which contain their salts, isomers and salts of isomers, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation, regardless of the source, except: (A) Dronabinol substituted in sesame oil and encapsulated in a soft gelatin capsule in a federal Food and Drug Administration or successor agency approved product, or (B) any tetrahydrocannabinol product that has been approved by the federal Food and Drug Administration or successor agency to have a medical use and reclassified in any schedule of controlled substances or unscheduled by the federal Drug Enforcement Administration or successor agency.
(60) “Total THC” means the sum of the percentage by weight of tetrahydrocannabinolic acid, multiplied by eight hundred seventy-seven-thousandths, plus the percentage of weight of THC.
(61) “Manufactured cannabinoid” means cannabinoids naturally occurring from a source other than marijuana that are similar in chemical structure or physiological effect to cannabinoids derived from marijuana, as defined in section 21a-243, but are derived by a chemical or biological process.
(62) “Synthetic cannabinoid” means any material, compound, mixture or preparation which contains any quantity of a substance having a psychotropic response primarily by agonist activity at cannabinoid-specific receptors affecting the central nervous system that is produced artificially and not derived from an organic source naturally containing cannabinoids, unless listed in another schedule pursuant to section 21a-243.
(63) “High-THC hemp product” means a manufacturer hemp product, as defined in section 22-61l, that has, or is advertised, labeled or offered for sale as having, total THC that exceeds (A) for a hemp edible, hemp topical or hemp transdermal patch (i) one milligram on a per-serving basis, or (ii) five milligrams on a per-container basis, (B) for a hemp tincture, including, but not limited to, oil intended for ingestion by swallowing, buccal administration or sublingual absorption (i) one milligram on a per-serving basis, or (ii) twenty-five milligrams on a per-container basis, (C) for a hemp concentrate or extract, including, but not limited to, a vape oil, wax or shatter, twenty-five milligrams on a per-container basis, or (D) for a manufacturer hemp product not described in subparagraph (A), (B) or (C) of this subdivision, (i) one milligram on a per-serving basis, (ii) five milligrams on a per-container basis, or (iii) three-tenths per cent on a dry-weight basis for cannabis flower or cannabis trim.
(1967, P.A. 555, S. 1; 1969, P.A. 391, S. 1; 578, S. 1; 753, S. 1, 2, 38; 1972, P.A. 278, S. 1; 294, S. 42; P.A. 73-137, S. 11–14; 73-291, S. 3; 73-616, S. 61; 73-681, S. 1, 29; P.A. 74-332, S. 4–6; 74-338, S. 36, 94; P.A. 75-176, S. 1; P.A. 77-101, S. 1; 77-614, S. 323, 610; P.A. 80-224, S. 1; P.A. 81-363, S. 1; 81-472, S. 53, 159; P.A. 82-355, S. 1; P.A. 85-613, S. 81, 154; P.A. 87-129, S. 2; 87-373, S. 1; P.A. 90-209, S. 26; P.A. 92-185, S. 2, 6; May Sp. Sess. P.A. 92-11, S. 66, 70; P.A. 93-381, S. 9, 39; P.A. 95-72, S. 2; 95-79, S. 79, 189; 95-257, S. 11, 12, 21, 58; 95-264, S. 57; P.A. 97-248, S. 5, 12; P.A. 99-102, S. 32, 51; June Sp. Sess. P.A. 99-2, S. 5, 72; P.A. 00-182, S. 1; P.A. 03-278, S. 78, 79; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 06-195, S. 15; P.A. 09-22, S. 3; P.A. 10-32, S. 80; P.A. 15-202, S. 1, 2; P.A. 16-43, S. 8; P.A. 17-17, S. 4; P.A. 19-3, S. 3, 4; 19-38, S. 1; Sept. Sp. Sess. P.A. 20-2, S. 3, 4; June Sp. Sess. P.A. 21-1, S. 141, 142; P.A. 22-108, S. 2; P.A. 23-79, S. 1.)
History: 1969 acts divided former Subdiv. (6) into Subparas. (a) and (e), inserting new Subparas. (b) to (d), included doctors designated as residents or fellows as interns in Subdiv. (14), redefined “narcotic drugs” to specifically exclude cannabis-type drugs which had previously been included in Subdiv. (18), included cannabis-type drugs as “restricted drugs” in Subdiv. (32) and added Subdiv. (37) defining “podiatrist”; 1972 acts substituted “substances” or “controlled substances” for “drugs” throughout section and specific Federal Controlled Substances Act for federal narcotics laws, redefined “controlled drugs” to delete drugs specifically named in former Subparas. (b) to (d), redefined “dispense”, “narcotic drugs”, “official written order”, “person”, “practitioner”, “registrant”, “registry number”, “restricted drugs or substances” and “sale” for greater clarity and detail, deleted definitions of “federal narcotics laws”, “manufacturer”, and “wholesaler” and defined “administer”, “agent”, “bureau”, “controlled substance”, “counterfeit substance”, “deliver or delivery”, “dispenser”, “distribute”, “distributor”, “drug”, “drug paraphernalia”, “Federal Controlled Substances Act”, “hospital”, “immediate precursor”, “manufacture”, “marijuana”, “opiate”, “opium poppy”, “poppy straw”, “production”, “state” and “ultimate user”, rearranging and renumbering Subdivs. accordingly; P.A. 73-137 replaced “drugs” with “substances” in terms defined in Subdivs. (4), (7), (23) and (30); P.A. 73-291 deleted repealed Sec. 17-155a as section for which definitions apply; P.A. 73-616 deleted reference to osteopaths' practice of medicine which initially came into being in 1972 but was removed by later 1972 act before enacted; P.A. 73-681 deleted reference to public health council in Subdivs. (8) and (26) and to commissioner of health in Subdiv. (26), replaced department of health with department of consumer protection in Subdiv. (27), defined “factory”, “wholesaler” and “reasonable times” and redefined “opiate” to exclude certain drugs; P.A. 74-332 redefined “cannabis-type drugs” and “marijuana” to include any plant of the genus or infraspecific taxon rather than the single plant Cannabis sativa L. and included “cannabidiol” in Subdiv. (7) and “cannabinon, cannabinol or cannabidiol” in Subdiv. (29) plus other compounds similar in structure or effect; P.A. 74-338 made technical changes; P.A. 75-176 redefined “registry number”; P.A. 77-101 defined “unit dose drug distribution system”; P.A. 77-614 replaced department of health with department of health services in Subdivs. (24) and (25), effective January 1, 1979; P.A. 80-224 redefined “drug paraphernalia”; P.A. 81-363 amended Subsec. (57) to authorize chronic and convalescent nursing homes to utilize a unit dose drug distribution system; P.A. 81-472 made technical changes; P.A. 82-355 amended Subdiv. (49) by revising the list of volatile substances included; Sec. 19-443 transferred to Sec. 21a-240 in 1983; P.A. 85-613 made technical change; P.A. 87-129 redefined “controlled substance” and substituted reference to Sec. 21a-243 for Sec. 21a-242, repealed by the same act; P.A. 87-373 added Subdiv. (58) defining “cocaine in a free-base form”; P.A. 90-209 deleted references to Secs. 17-176, 17-179, 17-183, 17-190, 17-198, 17-199 and 17-201 as sections in which the definitions apply; P.A. 92-185 amended Subdiv. (20) (A) to make technical changes in the numbering and to provide in (ix) that only hypodermic needles, syringes and other objects used to inject controlled substances, “in a quantity greater than eight”, are included in the definition of “drug paraphernalia”; May Sp. Sess. P.A. 92-11 amended Subdiv. (20)(A)(ix) to increase the quantity of syringes, needles or other objects used to inject controlled substances that constitute “drug paraphernalia” from “greater than eight” to “greater than ten”; (Revisor's note: In 1993 an obsolete reference in Subdiv. (24) to Sec. 21a-285 was replaced editorially by the Revisors with Sec. 21a-283 to reflect the repeal of Secs. 21a-284 and 21a-285); P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-72 amended Subdiv. (49) to include formaldehyde in the list of restricted substances; P.A. 95-79 redefined “person” to include a limited liability company, effective May 31, 1995; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health and replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995; P.A. 95-264 amended Subdiv. (38) to make technical change; P.A. 97-248 redefined “drug dependence” in Subdiv. (18) and “drug-dependent person” in Subdiv. (19), effective July 1, 1997; P.A. 99-102 repealed Subdiv. (35) which had defined “osteopath” and amended Subdivs. (40) and (43) by deleting obsolete reference to osteopathy and to Sec. 20-21; June Sp. Sess. P.A. 99-2 amended Subdiv. (20)(A)(ix) by replacing “ten” with “thirty” hypodermic syringes; P.A. 00-182 redefined “restricted drugs or substances” in Subdiv. (49) to include 1,4 butanediol; P.A. 03-278 made technical changes in Subdivs. (24) and (27), effective July 9, 2003; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Commissioner and Department of Consumer Protection with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 06-195 redefined “drug paraphernalia” in Subdiv. (20)(A) to exclude equipment, products and material used, intended for use or designed for use in injecting controlled substances into the human body, deleted former Subdiv. (20)(A)(ix) re number of hypodermic syringes, needles and other injecting objects considered drug paraphernalia and redesignated existing Subdiv. (20)(A)(x) as Subdiv. (20)(A)(ix), effective June 7, 2006; P.A. 09-22 redefined “prescription” in Subdiv. (45), effective July 1, 2009; P.A. 10-32 made a technical change in Subdiv. (55), effective May 10, 2010; P.A. 15-202 amended Subdivs. (7) and (29) by adding “, or industrial hemp, as defined in 7 USC 5940, as amended from time to time” and making technical changes, effective July 1, 2015; P.A. 16-43 amended Subdiv. (3) by adding reference to prescribing practitioner; P.A. 17-17 amended Subdiv. (23) by redefining “hallucinogenic substances” to exclude cannabis-type substances; P.A. 19-3 amended Subdivs. (7) and (29) by changing “industrial hemp, as defined in 7 USC 5940” to “hemp, as defined in 7 USC 1639o”, effective May 9, 2019; P.A. 19-38 amended Subdiv. (30) by redefining “narcotic substance”; Sept. Sp. Sess. P.A. 20-2 amended Subdivs. (7) and (29) to replace “modified” with “derived from hemp, as defined in section 22-61l”, effective October 2, 2020; June Sp. Sess. P.A. 21-1 amended Subdiv. (29) by redefining “marijuana” and added Subdiv.(59) defining “THC”, Subdiv. (60) defining “total THC”, Subdiv. (61) defining “manufactured cannabinoid” and Subdiv. (62) defining “synthetic cannabinoid”, effective July 1, 2021; P.A. 22-108 amended Subdiv. (20) by making technical changes and exempting products used to test a substance prior to injection, inhalation or ingestion from the definition of “drug paraphernalia”, effective July 1, 2022; P.A. 23-79 amended Subdiv. (29) by redefining “marijuana”, added Subdiv. (63) defining “high-THC hemp product”, and made technical and conforming changes throughout, effective July 1, 2023.
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Sec. 21a-248. (Formerly Sec. 19-456). Sale or dispensing of controlled drugs by licensed manufacturer or wholesaler. Records; orders. Scope of uses limited. (a) A licensed manufacturer or wholesaler may sell and dispense controlled drugs to any of the following-named persons, but in the case of schedule II drugs only on an official written order or electronically through the Drug Enforcement Agency's Controlled Substance Ordering System: (1) To a manufacturer, wholesaler or pharmacist; (2) to a physician, dentist or veterinarian; (3) to a person in charge of a hospital, incorporated college or scientific institution, but only for use by or in that hospital, incorporated college or scientific institution for medical or scientific purposes; (4) to a person in charge of a laboratory, but only for use in that laboratory for scientific and medical purposes; and (5) to any registrant as defined in section 21a-240.
(b) A licensed manufacturer or wholesaler may sell controlled drugs only to registrants when permitted under federal and state laws and regulations.
(c) An official order for any schedule I or II drug shall be signed by the person giving such order or by such person's authorized agent and such order shall be presented to the person who sells or dispenses the drug or drugs named therein as provided by federal law. If such order is accepted by such person, each party to the transaction shall preserve such party's copy of such order for a period of three years in such a way so as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this chapter.
(d) The manufacturer or wholesaler shall keep records of all sales and dispensing of controlled drugs and shall comply fully with applicable provisions of the federal controlled drug laws and the federal food and drug laws, and the state food, drug and cosmetic laws in such sale or dispensing of controlled drugs.
(e) Possession or control of controlled drugs obtained as authorized by this section shall be lawful only if obtained in the regular course of the business, occupation, profession, employment or duty of the possessor.
(f) A person in charge of a hospital, incorporated college or scientific institution, or of a laboratory, or in the employ of this state or of any other state, or of any political subdivision thereof, and a master or other proper officer of a ship or aircraft, who obtains controlled drugs under the provisions of this section or otherwise, shall not administer, or dispense, or otherwise use such drugs within this state, except within the scope of such person's, master's or officer's employment or official duty, and then only for scientific or medicinal purposes or for the purposes of research or analysis and subject to the provisions of this chapter.
(1967, P.A. 555, S. 12; 1969, P.A. 753, S. 8, 9; P.A. 73-681, S. 5, 29; P.A. 85-613, S. 59, 154; P.A. 22-104, S. 32; P.A. 23-79, S. 9.)
History: 1969 act required official order for sale of cannabis-type drugs in Subsecs. (a) and (c) and changed required period of preservation for order copies from two to three years in Subsec. (c); P.A. 73-681 replaced narcotic and cannabis-type drugs with “Schedule II” drugs and added Subsec. (a)(5), replaced detailed provisions for sale of drugs to government personnel, ship masters, persons in charge of aircraft or persons in foreign countries with statement that sale may be made “only to registrants when permitted under federal and state laws and regulations”, replaced “narcotic or cannabis-type” drugs with “Schedule I or II” drugs in Subsec. (c) and referred to “federal laws” or “federal controlled drug laws” in Subsecs. (c) and (d) rather than to “federal narcotic laws”; Sec. 19-456 transferred to Sec. 21a-248 in 1983; P.A. 85-613 made technical change; P.A. 22-104 amended Subsec. (a) by adding provision re orders submitted electronically through Drug Enforcement Agency's Controlled Substance Ordering System, and made technical and conforming changes in Subsecs. (a), (c) and (f), effective May 24, 2022; P.A. 23-79 made a technical change in Subsec. (a)(5), effective July 1, 2023.
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Sec. 21a-249. (Formerly Sec. 19-457). Prescription requirements. (a) All prescriptions for controlled drugs shall include (1) the name and address of the patient, or the name and address of the owner of an animal and the species of the animal, (2) whether the patient is an adult or a child, or his specific age, (3) the compound or preparation prescribed and the amount thereof, (4) directions for use of the medication, (5) the name and address of the prescribing practitioner, (6) the date of issuance, and (7) the Federal Registry number of the practitioner. No prescription blank containing a prescription for a schedule II substance shall contain more than one prescription. No prescription or order for a controlled substance issued by a practitioner to an inanimate object or thing shall be considered a valid prescription within the meaning of this chapter.
(b) Each prescribing practitioner, as defined in section 20-14c, who the Department of Consumer Protection authorizes to prescribe controlled substances, within the scope of practice of his or her license, shall electronically transmit the controlled substance prescription to a pharmacy. Electronically transmitted prescriptions shall be promptly printed out in hardcopy or created as an electronic record and filed by the prescriber. Electronically transmitted prescriptions shall be consistent with the requirements of the federal Controlled Substances Act, 21 USC 801, as amended from time to time. All records shall be kept on file for three years at the premises of the licensed practitioner and maintained in such form as to be readily available for inspection by the commissioner, his or her authorized agent or other persons, as authorized in section 21a-265, at reasonable times. For purposes of this subsection and subsections (c), (d) and (e) of this section, the term “electronically transmit” means to transmit by computer modem or other similar electronic device.
(c) A licensed practitioner shall not be required to electronically transmit a prescription when:
(1) Electronic transmission is not available due to a temporary technological or electrical failure. In the event of a temporary technological or electrical failure, the practitioner shall, without undue delay, reasonably attempt to correct any cause for the failure that is within his or her control. A practitioner who issues a prescription, but fails to electronically transmit the prescription, as permitted by this subsection, shall document the reason for the practitioner's failure to electronically transmit the prescription in the patient's medical record as soon as practicable, but in no instance more than seventy-two hours following the end of the temporary technological or electrical failure that prevented the electronic transmittal of the prescription. For purposes of this subdivision, “temporary technological or electrical failure” means failure of a computer system, application or device or the loss of electrical power to such system, application or device, or any other service interruption to such system, application or device that reasonably prevents the practitioner from utilizing his or her certified application to electronically transmit the prescription in accordance with subsection (b) of this section;
(2) The practitioner reasonably determines that it would be impractical for the patient to obtain substances prescribed by an electronically transmitted prescription in a timely manner and that such delay would adversely impact the patient's medical condition, provided if such prescription is for a controlled substance, the quantity of such controlled substance does not exceed a five-day supply for the patient, if the controlled substance was used in accordance with the directions for use. A practitioner who issues a prescription, but fails to electronically transmit the prescription, as permitted by this subsection, shall document the reason for the practitioner's failure to electronically transmit the prescription in the patient's medical record;
(3) The prescription is to be dispensed by a pharmacy located outside this state. A practitioner who issues a prescription, but fails to electronically transmit the prescription, as permitted by this subsection, shall document the reason for the practitioner's failure to electronically transmit the prescription in the patient's medical record;
(4) Use of an electronically transmitted prescription may negatively impact patient care, such as a prescription containing two or more products to be compounded by a pharmacist, a prescription for direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous or intraspinal infusion, a prescription that contains long or complicated directions, a prescription that requires certain elements to be included by the federal Food and Drug and Administration, or an oral prescription communicated to a pharmacist by a health care practitioner for a patient in a chronic and convalescent nursing home, licensed pursuant to chapter 368v; or
(5) The practitioner demonstrates, in a form and manner prescribed by the commissioner, that such practitioner does not have the technological capacity to issue an electronically transmitted prescription. For the purposes of this subsection, “technological capacity” means possession of a computer system, hardware or device that can be used to electronically transmit controlled substance prescriptions consistent with the requirements of the federal Controlled Substances Act, 21 USC 801, as amended from time to time. The provisions of this subdivision shall not apply to a practitioner when such practitioner is prescribing as a telehealth provider, as defined in section 19a-906, section 1 of public act 20-2 of the July special session* or section 1 of public act 21-9*, as applicable, pursuant to subsection (c) of section 19a-906, subsection (c) of section 1 of public act 20-2 of the July special session* or subsection (c) of section 1 of public act 21-9*, as applicable.
(d) Any prescription issued in a form other than an electronically transmitted prescription pursuant to subsection (c) of this section may be issued as a written order or, to the extent permitted by the federal Controlled Substance Act, 21 USC 801, as from time to time amended, as an oral order or transmitted by facsimile machine. Such oral order or order transmitted by facsimile machine shall be promptly reduced to writing on a prescription blank or a hardcopy printout or created as an electronic record and filed by the pharmacist filling it. No duplicate, carbon or photographic copies and no printed or rubber-stamped orders shall be considered valid prescriptions within the meaning of this chapter.
(e) Prescriptions for schedule II substances shall be electronically transmitted by the prescribing practitioner at the time of issuance and previously signed orders for such schedule II substances shall not be considered valid prescriptions within the meaning of this chapter. No practitioner shall prescribe, dispense or administer schedule II sympathomimetic amines as anorectics, except as may be authorized by regulations adopted by the Departments of Public Health and Consumer Protection acting jointly. To the extent permitted by the federal Controlled Substances Act, 21 USC 801, as from time to time amended, in an emergency, the dispensing of schedule II substances may be made upon the oral order of a prescribing registrant known to or confirmed by the filling pharmacist. The filling pharmacist shall promptly reduce such oral order to writing on a prescription blank, provided such oral order shall be confirmed by the proper completion and mailing or delivery of a prescription prepared by the prescribing registrant to the pharmacist filling such oral order within seventy-two hours after the oral order has been given. Such prescription of the registrant shall be affixed to the temporary prescription prepared by the pharmacist and both prescriptions shall be maintained on file as required in this chapter. The Department of Public Health and the Department of Consumer Protection, acting jointly, may adopt regulations, in accordance with chapter 54, allowing practitioners to prescribe, dispense or administer schedule II sympathomimetic amines as anorectics under certain specific circumstances. Nothing in this subsection shall be construed to require a licensed pharmacist to determine the diagnosis of a patient prior to dispensing a prescription for such substances to a patient.
(f) All prescriptions for controlled substances shall comply fully with any additional requirements of the federal food and drug laws, the federal Controlled Substances Act, and state laws and regulations adopted under this chapter.
(g) Repealed by P.A. 82-419, S. 46, 47.
(h) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in schedule III or IV, which is a prescription drug as determined under federal food and drug laws, shall not be dispensed without a written, electronically transmitted or oral prescription of a practitioner. The prescription shall not be filled or refilled more than six months after the date thereof or be refilled more than five times, unless renewed by the practitioner.
(i) A controlled substance included in schedule V shall not be distributed or dispensed other than for a medical purpose.
(j) A pharmacy may sell and dispense controlled substances upon the prescription of a prescribing practitioner, as defined in section 20-571.
(k) Pharmacies shall file filled prescriptions for controlled substances separately from other prescriptions. All schedule II prescriptions shall be filed in a separate file or in an electronic file. All schedule III, IV and V prescriptions shall be filed in another separate file or in an electronic file, except as otherwise provided for in regulations adopted pursuant to section 21a-243, 21a-244 or 21a-244a. All written controlled substance prescriptions shall, immediately upon filling, be filed chronologically and consecutively.
(l) (1) Any pharmacy may transfer:
(A) A prescription for a controlled substance included in schedule III, IV or V to any other pharmacy in accordance with the requirements set forth in the federal Controlled Substances Act 21 USC 801 et seq. and the regulations promulgated thereunder, as from time to time amended; and
(B) An unfilled prescription for a controlled substance included in schedule II, III, IV or V that was electronically transmitted in accordance with the requirements set forth in the federal Controlled Substances Act 21 USC 801 et seq. and the regulations promulgated thereunder, as from time to time amended. The pharmacy may transfer the unfilled electronic prescription by telephone or other electronic transmission if:
(i) Such transfer is consistent with the federal Controlled Substances Act 21 USC 801 et seq. and the regulations promulgated thereunder, as from time to time amended, and policies established by the federal Drug Enforcement Administration;
(ii) The pharmacy that first receives such prescription:
(I) Takes measures to prevent such prescription from being filled at any pharmacy other than the pharmacy to which the such pharmacy is transferring such prescription; and
(II) Records the name, telephone number and address of the pharmacy to which such pharmacy is transferring such prescription, and the name and license number of the pharmacist who receives such transferred prescription; and
(iii) The pharmacy that receives such transferred prescription records:
(I) All of the information required under subsection (a) of this section;
(II) That such prescription has been transferred;
(III) The name of the pharmacy that first received such prescription;
(IV) The date on which such prescription was issued;
(V) The date on which such prescription was transferred; and
(VI) Any refills issued for such prescription if such prescription is for a controlled substance included in schedule III, IV or V of the federal Controlled Substances Act 21 USC 801 et seq.
(2) The pharmacy that first receives an electronically transmitted prescription described in subparagraph (B) of subdivision (1) of this subsection may send a facsimile containing the prescription information for such prescription if such pharmacy is transferring such prescription pursuant to said subparagraph by telephone.
(m) A practitioner authorized to prescribe controlled substances shall not prescribe anabolic steroids for the sole purpose of enhancing a patient's athletic ability or performance.
(n) Each pharmacy, as defined in section 20-571, shall accept an electronically transmitted prescription for a controlled substance from a practitioner, as defined in section 21a-316. All records shall be kept on file for three years at the premises of the pharmacy and maintained current and separate from other business records in such form as to be readily available at the pharmacy for inspection by the Commissioner of Consumer Protection, his or her authorized agent or other persons, as authorized in section 21a-265, at reasonable times. Prescription records received from the practitioner electronically may be stored electronically, provided the files are maintained in the pharmacy computer system for not less than three years. If the electronically transmitted prescription is printed, it shall be filed as required in subsection (k) of this section.
(1967, P.A. 555, S. 13; 1969, P.A. 161, S. 1, 2; 1972, P.A. 278, S. 5; P.A. 73-681, S. 6, 29; P.A. 77-165, S. 1; 77-277, S. 3; P.A. 78-310, S. 2, 4; P.A. 82-419, S. 37, 46, 47; P.A. 83-156; P.A. 85-613, S. 60, 154; P.A. 91-224, S. 1; P.A. 93-381, S. 9, 39; P.A. 95-72, S. 1; 95-257, S. 12, 21, 58; 95-264, S. 58; P.A. 97-64, S. 2; P.A. 00-182, S. 4; June 30 Sp. Sess. P.A. 03-6, S. 146; P.A. 04-169, S. 17; 04-189, S. 1; P.A. 05-73, S. 2; P.A. 09-22, S. 5; P.A. 17-131, S. 3; P.A. 18-148, S. 2; July Sp. Sess. P.A. 20-4, S. 8; P.A. 21-9, S. 2; 21-192, S. 9; P.A. 22-81, S. 34; P.A. 23-19, S. 13.)
*Note: Section 1 of public act 20-2 of the July special session and section 1 of public act 21-9 are special in nature and therefore have not been codified but remain in full force and effect according to their terms.
History: 1969 act deleted limiting phrase “to the extent permitted by the federal narcotic laws” in Subsec. (e) and deleted reference to compliance with “any additional requirements of federal narcotic laws” in Subsec. (f); 1972 act referred to “substances” rather than “drugs” and to “Schedule II” substances rather than to “Class A” narcotics, limited provisions of Subsec. (e) by adding “to the extent permitted by the Federal Controlled Substances Act”, restated Subsec. (f) to specify compliance with “any additional requirements” of food and drug laws and to specify federal drug law and added Subsecs. (g) to (i); P.A. 73-681 added Subsec. (a)(7) and prohibited issuance of prescription to “inanimate object or thing” in Subsec. (b); P.A. 77-165 referred to “federal registry” number rather than “BNDD” number in Subsec. (a)(7) and required one prescription per prescription blank; P.A. 77-277 added exception re Sec. 19-451a in Subsecs. (d) and (g); P.A. 78-310 added Subsec. (j); P.A. 82-419 amended section to allow more than one prescription on a blank except in case of schedule II substance, repealing Subsec. (g) which had required that filled prescriptions for controlled substances be filed separately, chronologically and consecutively; Sec. 19-457 transferred to Sec. 21a-249 in 1983; P.A. 83-156 added Subsec. (k) requiring filing of filled prescriptions for controlled substances separately, chronologically and consecutively; P.A. 85-613 made technical changes, deleting provision in Subsec. (j) which had required controlled substance prescriptions to be filed chronologically and consecutively; P.A. 91-224 amended Subsec. (c) to prohibit the prescription of Schedule II sympathomimetic amines as anorectics except as authorized by regulation; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-72 amended Subsecs. (d) and (h) to permit the use of electronically transmitted prescriptions; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 95-264 amended Subsec. (j) to change “licensed” practitioner to “prescribing” practitioner (Revisor's note: The reference in Subsec. (j) to “prescribing practitioner, as defined in subdivision (21) of …” was changed editorially by the Revisors to “prescribing practitioner, as defined in subdivision (22) of …”); P.A. 97-64 added new Subsec. (1) re transfer of prescriptions; P.A. 00-182 amended Subsec. (l) by replacing reference to 21 CFR 1306.26 with reference to 21 USC 801 et seq. and regulations promulgated thereunder; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 05-73 added Subsec. (m) re the prescribing of anabolic steroids for the sole purpose of enhancing a patient's athletic ability or performance, effective May 31, 2005; P.A. 09-22 made technical changes in Subsecs. (a) and (b), added reference re schedule II prescriptions in writing in Subsec. (c), added references to Sec. 21a-244a and electronic record in Subsec. (d), replaced reference to federal laws and regulations with reference to the federal Controlled Substances Act in Subsec. (f) and added electronic file requirements and references to Secs. 21a-243 and 21a-244a in Subsec. (k), effective July 1, 2009; P.A. 17-131 amended Subsec. (a) by adding provision re prescription or order for controlled substance to an inanimate object or thing, amended Subsec. (b) by deleting provisions re written prescriptions and adding provisions re electronic transmission to pharmacy of prescription for controlled substance, added new Subsec. (c) re exceptions to electronic transmission requirement, added new Subsec. (d) re written order, oral order or order transmitted by facsimile machine, redesignated existing Subsec. (c) as Subsec. (e) and amended same by replacing “signed” with “electronically submitted” and adding provisions re dispensing of schedule II substances upon oral order in an emergency, deleted existing Subsec. (d) re oral order or electronically transmitted prescription order, deleted Subsec. (e) re dispensing of schedule II substances upon oral order in an emergency, and added Subsec. (n) re acceptance of electronically transmitted prescription for controlled substance, effective January 1, 2018; P.A. 18-148 amended Subsec. (c)(5) by adding exception re practitioners prescribing as telehealth provider pursuant to Sec. 19a-906(c)(2), effective July 1, 2018; July Sp. Sess. P.A. 20-2 amended Subsec. (c) by adding references to section 1 of public act 20-2 of the July special session in Subdiv. (5), amended Subsec. (l) by redesignating existing provision as Subdiv. (1)(A), adding Subdiv. (1)(B) re transfer of an unfilled prescription that was electronically transmitted and adding Subdiv. (2) re requirements of pharmacy that first received an unfilled electronically transmitted prescription, effective July 31, 2020; July Sp. Sess. P.A. 20-4 amended Subsec. (j) by substituting reference to Sec. 20-571(24) for reference to Sec. 20-571(22), effective January 1, 2021; P.A. 21-9 amended Subsec. (c)(5) by adding references to section 1 of public act 21-9, effective May 10, 2021; P.A. 21-192 amended Subsec. (j) by substituting reference to Sec. 20-571(28) for reference to Sec. 20-571(24), effective July 13, 2021; P.A. 22-81 amended Subsec. (c)(5) by substituting “an electronically transmitted prescription” for “electronically transmitted prescriptions”, effective May 24, 2022; P.A. 23-19 made a conforming change in Subsec. (j), effective July 1, 2023.
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Sec. 21a-267. (Formerly Sec. 19-472a). Penalty for use, possession or delivery of drug paraphernalia associated with a controlled substance other than cannabis. Immunity. (a) No person shall use or possess with intent to use drug paraphernalia, as defined in subdivision (20) of section 21a-240, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal, or to ingest, inhale or otherwise introduce into the human body, any controlled substance, as defined in section 21a-240, other than cannabis. Any person who violates any provision of this subsection shall be guilty of a class C misdemeanor.
(b) No person shall deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal, or to ingest, inhale or otherwise introduce into the human body, any controlled substance, other than cannabis. Any person who violates any provision of this subsection shall be guilty of a class A misdemeanor.
(c) Any person who violates subsection (a) or (b) of this section (1) with intent to commit such violation at a specific location that the trier of fact determines is (A) in or on the real property comprising a public or private elementary or secondary school, or (B) within two hundred feet of the perimeter of the real property comprising a public or private elementary or secondary school, and (2) who is not enrolled as a student in such school shall be imprisoned for a term of one year which shall not be suspended and shall be in addition and consecutive to any term of imprisonment imposed for violation of subsection (a) or (b) of this section.
(d) The provisions of subsection (a) of this section shall not apply to any person (1) who in good faith, seeks medical assistance for another person who such person reasonably believes is experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance, (2) for whom another person, in good faith, seeks medical assistance, reasonably believing such person is experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance, or (3) who reasonably believes he or she is experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance and, in good faith, seeks medical assistance for himself or herself, if evidence of the use or possession of drug paraphernalia in violation of said subsection was obtained as a result of the seeking of such medical assistance. For the purposes of this subsection, “good faith” does not include seeking medical assistance during the course of the execution of an arrest warrant or search warrant or a lawful search.
(e) For purposes of this section, “cannabis” has the same meaning as provided in section 21a-240.
(P.A. 80-224, S. 3; P.A. 89-256, S. 3; P.A. 90-214, S. 2, 5; P.A. 92-185, S. 3, 6; June Sp. Sess. P.A. 92-1, S. 3; P.A. 06-195, S. 16; P.A. 11-71, S. 3; 11-210, S. 2; P.A. 21-102, S. 22; June Sp. Sess. P.A. 21-1, S. 4; P.A. 23-79, S. 10.)
History: Sec. 19-472a transferred to Sec. 21a-267 in 1983; P.A. 89-256 amended Subsec. (b) to increase the penalty from a class C to a class A misdemeanor and added Subsec. (c) re an additional nonsuspendable term of imprisonment of one year for any person who violates Subsec. (a) or (b) near a school and is not enrolled as a student in such school; P.A. 90-214 added Subsec. (d) re needle and syringe exchange program; P.A. 92-185 deleted Subsec. (d) re applicability of Subsecs. (a) and (b) to the needle and syringe exchange program; June Sp. Sess. P.A. 92-1 amended Subsec. (c) to increase the proximity distance to school property from 1,000 to 1,500 feet; P.A. 06-195 amended Subsecs. (a) and (b) by deleting “inject” in conformity with redefinition of “drug paraphernalia” in Sec. 21a-240, effective June 7, 2006; P.A. 11-71 amended Subsecs. (a) and (b) to exclude from each offense drug paraphernalia used in connection with less than one-half ounce of a cannabis-type substance and added Subsec. (d) re prohibited acts with drug paraphernalia used in connection with less than one-half ounce of a cannabis-type substance and the penalty therefor, effective July 1, 2011; P.A. 11-210 added provisions, codified by the Revisors as Subsec. (e), re inapplicability of Subsec. (a) when medical assistance is sought in good faith for person reasonably believed to be experiencing an overdose from ingestion, inhalation or injection of intoxicating liquor or any drug or substance and evidence of use or possession of drug paraphernalia was obtained as result of the seeking of such medical assistance; P.A. 21-102 amended Subsec. (c) by replacing “in or on, or within one thousand five hundred feet of” with “(1) with intent to commit such violation at a specific location that the trier of fact determines is (A) in or on”, adding Subsec. (c)(1)(B) re language within 200 feet of perimeter of a school and designating existing qualifying language re person not enrolled a student as Subsec. (c)(2); June Sp. Sess. P.A. 21-1 amended Subsecs. (a) and (b) by replacing exception for less than one-half ounce of a cannabis-type substance with exception for cannabis, deleted Subsec. (d) re paraphernalia related to cannabis, redesignated existing Subsec. (e) as Subsec. (d) and added new Subsec. (e) defining “cannabis”, effective July 1, 2021; P.A. 23-79 made a technical change in Subsec. (a), effective July 1, 2023.
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Sec. 21a-279a. Limits for legal possession of cannabis. Penalty for illegal possession. Calculation of amount and equivalencies. Immunity. (a) Any person twenty-one years of age or older may possess, use and otherwise consume cannabis, provided the amount of all such cannabis does not exceed such person's possession limit of (1) one and one-half ounces of cannabis plant material and five ounces of cannabis plant material in a locked container at such person's residence or a locked glove box or trunk of such person's motor vehicle, (2) an equivalent amount of cannabis products, as provided in subsection (i) of this section, or (3) an equivalent amount of a combination of cannabis and cannabis products, as provided in subsection (i) of this section. On and after July 1, 2023, a person's personal possession limit does not include any live plant or cannabis plant material derived from any live plant cultivated by such person in accordance with the provisions of section 21a-278c.
(b) (1) Any person under eighteen years of age who possesses or has under such person's control less than (A) five ounces of cannabis plant material, (B) an equivalent amount of cannabis products, as provided in subsection (i) of this section, or (C) an equivalent amount of a combination of cannabis and cannabis products, as provided in subsection (i) of this section, except as authorized in this chapter or chapter 420f, shall for a (i) first offense, be issued a written warning, and such person may be referred to a youth services bureau established under section 10-19m or to any other appropriate services, (ii) second offense, be referred to a youth services bureau established under section 10-19m or to any other appropriate services, and (iii) any subsequent offense, be adjudicated delinquent pursuant to the provisions of section 46b-120.
(2) Any person under eighteen years of age who possesses or has under such person's control (A) five ounces or more of cannabis plant material, (B) an equivalent amount of cannabis products, as provided in subsection (i) of this section, or (C) an equivalent amount of a combination of cannabis and cannabis products, as provided in subsection (i) of this section, except as authorized in this chapter or chapter 420f, shall be adjudicated delinquent pursuant to the provisions of section 46b-120.
(3) No person may be arrested for a violation of this subsection.
(c) (1) Any person eighteen years of age or older but under twenty-one years of age, who possesses or has under such person's control less than (A) five ounces of cannabis plant material, (B) an equivalent amount of cannabis products, as provided in subsection (h) of this section, or (C) an equivalent amount of a combination of cannabis and cannabis products, as provided in subsection (i) of this section, except as authorized in this chapter or chapter 420f, shall be required to view and sign a statement acknowledging the health effects of cannabis on young people and shall (i) for a first offense, be fined fifty dollars, and (ii) for any subsequent offense, be fined one hundred fifty dollars.
(2) Any person eighteen years of age or older but under twenty-one years of age, who possesses or has under such person's control (A) five ounces or more of cannabis plant material, (B) an equivalent amount of cannabis products, as provided in subsection (i) of this section, or (C) an equivalent amount of a combination of cannabis and cannabis products, as provided in subsection (i) of this section, except as authorized in this chapter or chapter 420f, shall be required to view and sign a statement acknowledging the health effects of cannabis on young people and shall (i) for a first offense, be fined five hundred dollars, and (ii) for any subsequent offense, be guilty of a class D misdemeanor.
(d) Any person twenty-one years of age or older, except as authorized in this chapter, chapter 420f or RERACA, who possesses or has under such person's control more than the possession limit pursuant to subsection (a) of this section, but less than (1) five ounces of cannabis plant material and eight ounces of cannabis plant material in a locked container at such person's residence or a locked glove box or trunk of such person's motor vehicle, (2) an equivalent amount of cannabis products, as provided in subsection (i) of this section, or (3) an equivalent amount of a combination of cannabis and cannabis products, as provided in subsection (i) of this section, shall for a (A) first offense, be fined one hundred dollars, and (B) subsequent offense, be fined two hundred fifty dollars.
(e) (1) Any person twenty-one years of age or older, except as authorized in this chapter, chapter 420f or RERACA, who possesses or has under such person's control (A) five ounces or more of cannabis plant material or eight ounces or more of cannabis plant material in a locked container at such person's residence or a locked glove box or trunk of such person's motor vehicle, (B) an equivalent amount of cannabis products, as provided in subsection (i) of this section, or (C) an equivalent amount of a combination of cannabis and cannabis products, as provided in subsection (i) of this section, shall for a (i) first offense, be fined five hundred dollars, and (ii) subsequent offense, be guilty of a class C misdemeanor.
(2) For an offense under subdivision (1) of this subsection, the court shall evaluate such person and, if the court determines such person is a drug-dependent person, the court may suspend prosecution of such person and order such person to undergo a substance abuse treatment program.
(f) The law enforcement officer issuing a complaint for a violation of subsection (b), (c), (d) or (e) of this section shall seize all cannabis and cause such substance to be destroyed as contraband in accordance with law.
(g) Any person who, at separate times, has twice entered a plea of nolo contendere to, or been found guilty after trial of, a violation of subsection (e) of this section shall, upon a subsequent plea of nolo contendere to, or finding of guilty of, a violation of said subsection, be referred for participation in a drug education program at such person's own expense.
(h) Any person subject to a fine under the provisions of this section may attest to his or her indigency, and, in lieu of paying such fine, complete community service with a private nonprofit charity or other nonprofit organization. The number of hours of community service required shall be equivalent to one hour of such service for each twenty-five dollars of the fine that would otherwise apply. Upon completion of the community service, such person shall attest, and present documentation from such private nonprofit charity or other nonprofit organization confirming that such community service was performed.
(i) (1) For purposes of determining any amount or limit specified in this section and RERACA, one ounce of cannabis plant material shall be considered equivalent to (A) five grams of cannabis concentrate, or (B) any other cannabis products with up to five hundred milligrams of THC.
(2) For purposes of subsection (a) of this section, one and one-half ounces of cannabis plant material shall be considered equivalent to (A) seven and one-half grams of cannabis concentrate, or (B) any other cannabis products with up to seven hundred fifty milligrams of THC.
(3) For purposes of subsections (b) to (e), inclusive, of this section, five ounces of cannabis plant material shall be considered equivalent to (i) twenty-five grams of cannabis concentrate, or (ii) any other cannabis products with up to two thousand five hundred milligrams of THC.
(4) For purposes of determining any amount or limit specified in this section and RERACA, the amount possessed shall be calculated by converting any quantity of cannabis products to its equivalent quantity of cannabis plant material, and then taking the sum of any such quantities.
(j) (1) As used in this section, “cannabis”, “cannabis flower”, “cannabis trim”, “cannabis concentrate” and “cannabis product” have the same meanings as provided in section 21a-420.
(2) As used in this section, “cannabis plant material” means cannabis flower, cannabis trim and all parts of any plant or species of the genus cannabis, or any infra specific taxon thereof, excluding a growing plant, and the seeds thereof. “Cannabis plant material” does not include hemp, as defined in section 22-61l.
(3) As used in this section, “motor vehicle” has the same meaning as provided in section 14-1.
(4) As used in this section, “trunk” means (A) the fully enclosed and locked main storage or luggage compartment of a motor vehicle that is not accessible from the passenger compartment, or (B) a locked toolbox or utility box attached to the bed of a pickup truck, as defined in section 14-1. “Trunk” does not include the rear of a pickup truck, except as otherwise provided, or of a hatchback, station-wagon-type automobile or sport utility vehicle or any compartment that has a window.
(k) The provisions of subsections (b) to (e), inclusive, of this section shall not apply to any person (1) who, in good faith, seeks medical assistance for another person who such person reasonably believes is experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance, (2) for whom another person, in good faith, seeks medical assistance, reasonably believing such person is experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance, or (3) who reasonably believes he or she is experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance and, in good faith, seeks medical assistance for himself or herself, if evidence of the possession of cannabis plant material or cannabis product in violation of said subsections was obtained as a result of the seeking of such medical assistance. For the purposes of this subsection, “good faith” does not include seeking medical assistance during the course of the execution of an arrest warrant or search warrant or a lawful search.
(P.A. 11-71, S. 1, 11; June Sp. Sess. P.A. 21-1, S. 3; P.A. 23-47, S. 4.)
History: P.A. 11-71 effective July 1, 2011; June Sp. Sess. P.A. 21-1 amended Subsec. (a) by replacing language re possession by any person of less than one-half ounce of a cannabis-type substance and associated penalties in Subsecs. (a)(1) and (a)(2) with a new limit for any person 21 years of age or older in new Subsecs. (a)(1) to (a)(3), added new Subsec. (b) re any person under 18 years of age, added new Subsec. (c) re any person 18 years of age or older but under 21 years of age, added new Subsec. (d) re any person 21 years of age or older possessing more than the possession limit but less than 5 ounces of cannabis plant material and 8 ounces of cannabis plant material in a locked container or glove box or trunk, an equivalent amount of cannabis products or an equivalent amount of a combination of cannabis plant material and cannabis products, added new Subsec. (e) re any person 21 years of age or older who possesses 5 ounces or more of cannabis plant material or 8 ounces or more of cannabis plant material in a locked container or glove box or trunk, an equivalent amount of cannabis products or an equivalent amount of a combination of cannabis plant material and cannabis products, redesignated existing Subsec. (b) as Subsec. (f) and replaced reference to Subsec. (a) with references to Subsecs. (b) to (e) and “cannabis-type substance” with “cannabis” in same, redesignated existing Subsec. (c) as Subsec. (g) and replaced reference to Subsec. (a) with reference to Subsec. (e) in same, added Subsec. (h) re indigent person completing community service instead of paying a fine, added Subsec. (i) re calculation of amount or limit and equivalencies and added Subsec. (j) re definitions, effective July 1, 2021; P.A. 23-47 added Subsec. (k) re inapplicability of section when medical assistance is sought in good faith for person reasonably believed to be experiencing an overdose.
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Sec. 21a-286. Agreements for distribution and administration of opioid antagonists. Secure boxes, vending machines and secured machines. Test strips. Regulations. (a) For the purposes of this section:
(1) “Commissioner” means the Commissioner of Consumer Protection;
(2) “Department” means the Department of Consumer Protection;
(3) “Host agency” means a community health organization, emergency medical service provider, government agency, law enforcement agency or local or regional board of education;
(4) “Opioid antagonist” has the same meaning set forth in section 17a-714a;
(5) “Prescribing practitioner” has the same meaning set forth in section 20-14c;
(6) “Pharmacist” has the same meaning set forth in section 20-609a;
(7) “Secure box” means a container that (A) is securely affixed in a public location, (B) can be accessed by individuals for public use, (C) is temperature controlled or stored in an environment with temperature controls, (D) is tamper-resistant, (E) is equipped with an alarm capable of detecting and transmitting a signal when accessed by individuals, and (F) is equipped with an alarm capable of alerting first responders when accessed by individuals, unless equipping the container with such an alarm is commercially impracticable;
(8) “Secured machine” means a device that (A) restricts access to individuals participating in a syringe services program by utilizing a designated access number, personalized magnetic strip card or any other technology to identify such individuals for the purpose of providing access, and (B) is registered with the department in a form and manner prescribed by the commissioner; and
(9) “Syringe services program” means a program that is (A) established or authorized pursuant to section 19a-124, and (B) approved by the department under section 21a-65.
(b) A prescribing practitioner, or a pharmacist who is certified to prescribe an opioid antagonist pursuant to section 20-633c, may enter into an agreement with a host agency related to the distribution and administration of an opioid antagonist for the reversal of an opioid overdose. The prescribing practitioner or pharmacist shall provide training to persons who will distribute or administer the opioid antagonist pursuant to the terms of the agreement. Persons other than the prescribing practitioner or pharmacist shall receive training in the distribution or administration of opioid antagonists prior to distributing or administering an opioid antagonist. The agreement shall address the storage, handling, labeling, recalls and recordkeeping of opioid antagonists by the host agency that is party to the agreement.
(c) (1) A prescribing practitioner, or a pharmacist who is certified to prescribe an opioid antagonist pursuant to section 20-633c, may enter into an agreement with a host agency to provide an intranasally or orally administered opioid antagonist, or permit a host agency to install on the host agency's premises a secure box containing an intranasally or orally administered opioid antagonist. The agreement shall address the environmental controls necessary to store such opioid antagonist, establish procedures for replenishment of such opioid antagonist, establish a process for monitoring the expiration dates of such opioid antagonist and disposing of any expired opioid antagonist, and require that signs be posted disclosing the presence of such opioid antagonist, and usage directions for such opioid antagonist, in the language or languages spoken in the community in which the secure box is installed. The secure box shall not contain an amount of the opioid antagonist that is greater than the amount necessary to serve the community in which such secure box is installed. If the host agency is unable to maintain the secure box, or the supplies necessary to maintain the secure box are unavailable, such host agency shall remove such secure box, and all signs required under this subdivision concerning such secure box, as soon as practicable but in no event later than five days after such host agency discovers that such host agency is unable to maintain such secure box or the supplies necessary to maintain such secure box.
(2) A prescribing practitioner, or a pharmacist who is certified to prescribe an opioid antagonist pursuant to section 20-633c, may enter into an agreement with a host agency to operate a vending machine for the purpose of distributing an opioid antagonist for nasal administration. The vending machine shall be in a location that maintains a temperature that is at all times consistent with the manufacturer's package insert for the opioid antagonist, or have the ability to maintain an environment, independent of the external environment, that is appropriate for the opioid antagonist based on such package insert. The following shall be clearly and conspicuously displayed on the outside of the vending machine, adjacent to the vending machine or upon distribution of an opioid antagonist contained in such vending machine: (A) Information concerning the signs and symptoms of an overdose; (B) instructions for the use of the opioid antagonist; (C) information about the services that are offered in this state to treat opioid use disorder; and (D) an Internet web site address that contains, or a quick response code that directs an individual to an Internet web site that contains, information concerning the signs and symptoms of an overdose, overdose response and instructions for the use of the opioid antagonist.
(3) Nothing in subdivision (1) or (2) of this subsection shall be construed to prohibit placement of an opioid antagonist in a container that also includes an automated external defibrillator or any other product used to treat a medical emergency.
(d) A prescribing practitioner, or a pharmacist who is certified to prescribe an opioid antagonist pursuant to section 20-633c, may enter into an agreement with a syringe services program to permit the syringe services program to include an opioid antagonist in such syringe services program's secured machine. The agreement shall address the environmental controls necessary to store such opioid antagonist, establish procedures for replenishment of such opioid antagonist, establish a process for monitoring the expiration dates of such opioid antagonist and disposing of any expired opioid antagonist, and require that signs be posted disclosing the presence of such opioid antagonist, and usage directions for such opioid antagonist, in the language or languages spoken in the community in which such secured machine is installed.
(e) Nothing in this section shall be construed to prevent a secured machine from distributing a test strip intended for use by an individual prior to injection, inhalation or ingestion of a particular substance to prevent accidental overdose by injection, inhalation or ingestion of such substance.
(f) A prescribing practitioner or pharmacist who enters into an agreement pursuant to subsection (b), (c) or (d) of this section shall not be liable for damages in a civil action or subject to administrative or criminal prosecution for the administration or dispensing of an opioid antagonist by the host agency who is a party to such agreement.
(g) The Commissioner of Consumer Protection may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.
(P.A. 18-166, S. 3; P.A. 22-80, S. 8; P.A. 23-52, S. 12.)
History: P.A. 18-166 effective July 1, 2018; P.A. 22-80 amended Subsecs. (b) and (c) by adding “or local or regional board of education” and making conforming changes, effective July 1, 2022; P.A. 23-52 amended Subsec. (a) by adding Subdivs. (1) to (3) defining “commissioner”, “department” and “host agency”, respectively, redesignating existing Subdivs. (1) to (3) defining “opioid antagonist”, “prescribing practitioner” and “pharmacist”, respectively, as Subdivs. (4) to (6), and adding Subdivs. (7) to (9) defining “secure box”, “secured machine” and “syringe services program”, respectively, amended Subsec. (b) by substituting “opioid antagonist” for “naloxone” and “host agency” for “law enforcement agency, emergency medical service provider, government agency, community health organization or local or regional board of education”, added new Subsec. (c) re agreement with host agency to provide opioid antagonists, install a secure box or operate a vending machine, added new Subsec. (d) re agreement with syringe services program to include opioid antagonist in program's secured machine, added Subsec. (e) re distribution of test strips, redesignated existing Subsec. (c) as Subsec. (f) and amended same by adding references to new Subsecs. (c) and (d) and substituting “the host agency who is a party to such agreement” for “such law enforcement agency, emergency medical service provider, government agency, community health organization or local or regional board of education”, redesignated existing Subsec. (d) as Subsec. (g), and made technical and conforming changes throughout, effective June 13, 2023.
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