2012 Act No. 55
Palliative use of marijuana
EFFECTIVE DATE: October 1, 2012
2016 Act No. 23
Palliative use of marijuana
EFFECTIVE DATE: October 1, 2016
2016 Act No. 39
Advanced Practice Registered Nurses
EFFECTIVE DATE: October 1, 2016
Connecticut does not have any limit on the number of plants a cultivator can grow. The cultivation facility license fee is $75,000, so that is obviously going to be a large scale operation. The Question and Answer document on their website (scroll down to the bottom) says each producer will decide how many plants to grow (“It is up to the licensed producer to determine the quantity of medical marijuana products it will produce to meet the needs of its dispensary facility customers.”).
Just for reference, here is the federal penalty for 1,000 or more marijuana plants
$10/50 million — 10 years to life in prison — 21 U.S.C. § 841(b)(1)(A)(vii) (2016)
21 U.S.C. § 841(b)(1)(A)(vii)
1000 kilograms (2204.62 pounds / 1.10231 tons) or more of a mixture or substance containing a detectable amount of marihuana, or 1,000 or more marihuana plants regardless of weight
$10/50 million — 10 years to life in prison
21 U.S.C. § 841(b)(1)(B)(vii)
100 kilograms (220.462 pounds / 0.110231 tons) or more of a mixture or substance containing a detectable amount of marihuana, or 100 or more marihuana plants regardless of weight
$5/25 million — 5 to 40 years in prison
21 U.S.C. § 841(b)(1)(C)
50 to 99 kilograms or 50 to 99 plants
$1/5 million — up to 20 years in prison
21 U.S.C. § 841(b)(1)(D)
less than 50 kilograms of marihuana, except in the case of 50 or more marihuana plants regardless of weight, 10 kilograms of hashish, or one kilogram of hashish oil,
$250,000/$1 million — up to 5 years in prison
21 U.S.C. § 844
Any person who violates this subsection may be sentenced to a term of imprisonment of not more than 1 year, and shall be fined a minimum of $1,000, or both,
except that if he commits such offense after a prior conviction under this subchapter or subchapter II of this chapter, or a prior conviction for any drug, narcotic, or chemical offense chargeable under the law of any State, has become final, he shall be sentenced to a term of imprisonment for not less than 15 days but not more than 2 years, and shall be fined a minimum of $2,500,L
except, further, that if he commits such offense after two or more prior convictions under this subchapter or subchapter II of this chapter, or two or more prior convictions for any drug, narcotic, or chemical offense chargeable under the law of any State, or a combination of two or more such offenses have become final, he shall be sentenced to a term of imprisonment for not less than 90 days but not more than 3 years, and shall be fined a minimum of $5,000.
21 U.S.C. § 844a
(a) In general Any individual who knowingly possesses a controlled substance that is listed in section 841(b)(1)(A) of this title in violation of section 844 of this title in an amount that, as specified by regulation of the Attorney General, is a personal use amount shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation.
(b) Income and net assets The income and net assets of an individual shall not be relevant to the determination whether to assess a civil penalty under this section or to prosecute the individual criminally. However, in determining the amount of a penalty under this section, the income and net assets of an individual shall be considered.
(c) Prior conviction A civil penalty may not be assessed under this section if the individual previously was convicted of a Federal or State offense relating to a controlled substance.
(d) Limitation on number of assessments A civil penalty may not be assessed on an individual under this section on more than two separate occasions.
(e) Assessment A civil penalty under this section may be assessed by the Attorney General only by an order made on the record after opportunity for a hearing in accordance with section 554 of title 5. The Attorney General shall provide written notice to the individual who is the subject of the proposed order informing the individual of the opportunity to receive such a hearing with respect to the proposed order. The hearing may be held only if the individual makes a request for the hearing before the expiration of the 30-day period beginning on the date such notice is issued.
2015 Act No. 202
EFFECTIVE DATE: July 2, 2015
2014 Act No. 191
EFFECTIVE DATE: June 12, 2014
|Does Connecticut have scheduling criteria?||No|
|Are Connecticut and federal criteria the same?||Yes|
|Code citation of the schedules||(see below)|
|21 U.S.C. § 812(b) (2017)|
|Is marijuana listed in a schedule?||Yes|
|Is scheduling by statute or administrative rule?||Legislative|
|Is there an administrative process?||Yes|
|Code citation of the process||(see below)|
|Conn. Gen. Stat. § 21a-243(d) (2017)|
|How many schedules are there?||5|
|What schedule is marijuana in?||Schedule 2|
|Last method used to schedule marijuana?||Legislative|
|When was marijuana included in this schedule?||January 1, 2013|
On May 31, 2012, the state of Connecticut enacted Public Act No. 12-55, Section 18(e), directing the Connecticut Commissioner of Consumer Protection to remove marijuana from Schedule I by January 1, 2013 (http://www.cga.ct.gov/2012/ACT/PA/2012PA-00055-R00HB-05389-PA.htm). Here is a PDF copy in case the link above is changed: (ct-2012PA-00055-R00HB-05389-PA.pdf), HB5389.
Sec. 21a-243. (Formerly Sec. 19-451). Regulations. Schedules of controlled substances.
(e) Notwithstanding the provisions of subsections (a) to (d), inclusive, of this section, not later than January 1, 2013, the Commissioner of Consumer Protection shall submit amendments to sections 21a-243-7 and 21a-243-8 of the regulations of Connecticut state agencies to the standing legislative regulation review committee to reclassify marijuana as a controlled substance in schedule II under the Connecticut controlled substance scheduling regulations.
(g) In the event of any inconsistency between the contents of schedules I, II, III, IV and V of the controlled substance scheduling regulations and schedules I, II, III, IV and V of the federal Controlled Substances Act, as amended, the provisions of the federal act shall prevail, except (1) when the provisions of the Connecticut controlled substance scheduling regulations place a controlled substance in a schedule with a higher numerical designation, schedule I being the highest designation, or (2) as provided in subsection (e) of this section.
(h) When a drug that is not a controlled substance in schedule I, II, III, IV or V, as designated in the Connecticut controlled substance scheduling regulations, is designated to be a controlled substance under the federal Controlled Substances Act, such drug shall be considered to be controlled at the state level in the same numerical schedule for a period of two hundred forty days from the effective date of the federal classification.
1967 Act No. 555
Dependency Producing Drugs and Treatment of Drug Dependent Persons
EFFECTIVE DATE: June 21, 1967
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Page last updated on December 30, 2017