Insights & Resources

Governor Ned Lamont has signed into law “An Act Concerning Responsible and Equitable Regulation of Adult-Use Cannabis” (SB-1201). The law covers a wide-range of issues related to the legalization of marijuana. Some major parts of the legislation include:

PERSONAL USE
 

• Effective July 1, 2021, individuals who are at least 21 years old may possess up to 1.5 ounces of marijuana on their person and up to 5 ounces secured in their home or vehicle.
• You can share with your friends (as long as you know they are of age and there is no payment or in-kind remuneration).
• Growing at Home
• Effective October 1, 2021, medical marijuana patients who are at least 18 years old can grow cannabis plants in their primary residence (up to 3 mature and 3 immature plants per patient, with a maximum of 12 plants per household) for their own medical use.
• Effective July 1, 2023, individuals who are at least 21 years old can grow cannabis plants in their primary residence (up to 3 mature and 3 immature plants per individual, with a maximum of 12 plants per household) for their recreational use.

LICENSURE
 

• There are nine types of licenses for recreational marijuana: (i) retailer, (ii) hybrid retailer, (iii) cultivator, (iv) micro-cultivator, (v) product manufacturer, (vi) food and beverage manufacturer, (vii) product packager, (viii) delivery service, and (ix) transporter.
• Half of the licenses will be issued to social equity applicants, which include people from communities who have been disadvantaged by previous marijuana laws. If more applications are received than licenses available, there will be a lottery to select the applications to be reviewed.
• The Department of Consumer Protection (“DCP”) can begin accepting applications for licensure 30 days after a Social Equity Council is formed and identifies the criteria and documentation that will be required for social equity applications. DCP may begin accepting applications for the conversion of medical marijuana dispensaries to hybrid-retailers on July 1, 2021.
• There are restrictions on how many licenses individuals and business may hold within the state’s marijuana industry. We expect these restrictions to be more fully described as DCP promulgates regulations in the coming months.

GUIDANCE FOR EMPLOYERS
 

• Garfunkel Wild’s recent webinar discussed the ever-shifting marijuana landscape for employers. CLICK HERE to view the webinar “Legalized Medical and Recreational Marijuana: Navigating the Ever-Shifting Landscape for Employers.”

ADDITIONAL POINTS OF INTEREST
 

• The law provides tax credits for “angel investors” in businesses owned by social equity applicants.
• The law allows for some local control. If 10% of residents petition for it, a town must hold a public referendum to decide whether marijuana sales will be allowed in the locality.
• The law includes pathways to expunge marijuana-related convictions and decreases the consequences for individuals who possess marijuana without meeting age requirements or in amounts that exceed allowable limits.

Should you have any questions regarding the above, please contact the Garfunkel Wild attorney with whom you regularly work, or contact us at info@garfunkelwild.com.