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After two failed makes an attempt, Governor Ned Lamont signed into legislation Senate Invoice 1201 legalizing using hashish in Connecticut for adults over the age of 21. This legislation institutes a complete regulatory scheme to manage the sale and use of hashish inside Connecticut and leaves native officers with the flexibility to restrict the quantity and areas of hashish retailers by zoning ordinances. Beneath are a few of the highlights of Senate Invoice 1201.
Possession: Starting July 1, 2021, adults over the age of 21 in Connecticut will be capable of possess as much as 1.5 ounces of hashish on their individual and as much as 5 ounces of their houses or car glove field.
Retail Gross sales: The sale, manufacture, and cultivation of hashish (other than residence develop) would require a license from the State of Connecticut. Non-licensed people might present hashish to others, however are prohibited from promoting it. Non-licensees might not present hashish to retailers who purchase non-cannabis merchandise or make donations. Merchandise that comprise delta-8-THC, delta-9-THC, or delta-10-THC are thought of hashish and should solely be offered by licensed retailers.
Residence-grow: Starting on October 1, 2021, individuals in Connecticut’s medical marijuana program will probably be permitted to develop as much as six hashish vegetation indoors and inside their houses. After July 1, 2023, all different adults over the age of 21 can even be capable of develop the identical variety of vegetation inside their residences.
Prior Penalties: Convictions of a choose variety of marijuana associated offenses that occurred between January 1, 2000 and October 1, 2015 will probably be mechanically erased or expunged. Convictions for these offenses that occurred outdoors of the prescribed date vary could also be erased after petitioning.
Group Reinvestment: Senate Invoice 1201 reserves a minimum of half of all preliminary licenses for social fairness candidates, particularly focusing on candidates from communities which were disproportionately impacted by the Warfare on Medicine. Moreover, the invoice creates the Social Fairness Council, a bunch that may launch packages and assist for social fairness candidates within the hashish market. The invoice additionally supplies for the creation of a Social Fairness and Innovation Fund, which can reallocate parts of the income obtained from retail gross sales of hashish to communities negatively impacted by harsh marijuana insurance policies. The Social Fairness Council will use this fund to supply enterprise capital, workforce schooling, and technical help for enterprise start-ups and operations, as properly make investments inside native communities. The invoice additionally creates the Prevention and Restoration Providers Fund, which can use parts of retail hashish income to assist substance misuse prevention, remedy, and restoration providers. Connecticut’s well being companies can even launch new packages to stop and deal with these hashish misuse.
Taxes: The invoice’s tax price construction features a 3% municipal gross sales tax to be directed to the city or metropolis the place the retail sale occurred, a 6.35% state gross sales tax, and a tax primarily based on the THC content material of the product: 2.75 cents per milligram of THC for hashish edibles; 0.625 cents per milligram of THC for hashish flower; and 0.9 cents per milligram of THC for all different product varieties.
Employment: This invoice doesn’t prohibit an employer’s capability to implement a drug-free office and permits employers to proceed instituting insurance policies prohibiting off-work use of hashish. Nonetheless, an employer might not take opposed motion towards an worker or potential worker for utilizing hashish previous to making use of for or working at such an employer, or if no employment insurance policies prohibit its use. The invoice does exempt employers in sure industries, reminiscent of manufacturing and healthcare, from provisions of this legislation.
Product Security and Promoting: Hashish merchandise should be lab examined and offered in child-safe packaging. Edible hashish merchandise should be restricted to five milligrams or much less of THC per serving, and different merchandise will probably be certain to a efficiency cap. Moreover, product varieties that enchantment to kids are prohibited. Promoting of hashish merchandise usually are not permitted by tv, radio, web, print, and billboards except the advertiser has dependable proof that greater than 90% of customers reached by the commercial are a minimum of 21 years of age or older. Promoting inside 500 ft of a faculty is strictly prohibited.
Public Security: The invoice criminalizes the sale of hashish merchandise to individuals below the age of 21 and prohibits hashish use in state parks, state seashores, and on state waters.
Whereas possession of hashish will develop into authorized for adults in Connecticut starting on July 1, 2021, retail gross sales of hashish is not going to start till the tip of 2022. Companies can use this time to start securing licenses to promote, manufacture, and domesticate hashish inside Connecticut. Bressler attorneys have intensive expertise in helping hashish companies in regulatory and different authorized compliance issues. We look ahead to working with purchasers in Connecticut throughout this historic change. For extra data or help, please contact us.
[1] The creator thanks legislation clerk Jeffrey Meehan for his help in making ready this consumer alert.
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