Conn. Gen. Stat. § 21a-420z: Delivery service and transporter licenses. Expansion of authorized activities. Regulations and policies and procedures. Registration of delivery service employees.

(a) The department may issue or renew a license for a person to be a delivery service or a transporter. No person may act as a delivery service or transporter or represent that such person is a licensed delivery service or transporter unless such person has obtained a license from the department pursuant to this section.

(b) Upon application for a delivery service or transporter license, the applicant shall indicate whether the applicant is applying to transport cannabis (1) between cannabis establishments, in which case the applicant shall apply for a transporter license, or (2) from certain cannabis establishments to consumers or qualifying patients and caregivers, or a combination thereof, in which case the applicant shall apply for a delivery service license.

(c) A delivery service may (1) deliver cannabis from a micro-cultivator, retailer, or hybrid retailer directly to a consumer, and (2) deliver cannabis and medical marijuana products from a hybrid retailer or dispensary facility directly to a qualifying patient, caregiver, or hospice or other inpatient care facility licensed by the Department of Public Health pursuant to chapter 368v that has protocols for the handling and distribution of cannabis that have been approved by the Department of Consumer Protection. A delivery service may not store or maintain control of cannabis or medical marijuana products for more than twenty-four hours between the point when a consumer, qualifying patient, caregiver or facility places an order, until the time that the cannabis or medical marijuana product is delivered to such consumer, qualifying patient, caregiver or facility.

(d) (1) Except as provided in subdivision (2) of this subsection, a transporter may deliver cannabis between cannabis establishments, research programs and cannabis testing laboratories and shall not store or maintain control of cannabis for more than twenty-four hours from the time the transporter obtains the cannabis from a cannabis establishment, research program or cannabis testing laboratory until the time such cannabis is delivered to the destination.

(2) (A) A transporter may expand the transporter's authorized activities to store, maintain and handle cannabis in accordance with the provisions of this subsection, provided such transporter:

(i) Possesses each unit of cannabis for a period not to exceed thirty days beginning on the date on which the transporter receives such cannabis;

(ii) Complies with all security requirements established pursuant to section 21a-421l and the policies, procedures and regulations adopted pursuant to section 21a-421j;

(iii) Attests that such transporter shall not open or remove any cannabis from individual child-resistant packaging, provided nothing in this subdivision shall be construed to prohibit a transporter from consolidating or separating bulk packaged cannabis for the purposes of commercial distribution;

(iv) Attests that such transporter shall comply with all requirements set forth in section 21a-421n, and all policies, procedures and regulations adopted pursuant to section 21a-421j, for the electronic tracking system concerning the receipt, storage, repackaging and distribution of cannabis;

(v) Pays to the department, in a form and manner prescribed by the commissioner, a one-time expansion authorization payment of five thousand dollars, to be deposited in the consumer protection enforcement account established in section 21a-8a;

(vi) Notifies the department, in a form and manner prescribed by the commissioner, at least thirty days before the date on which the transporter intends to commence the storage of cannabis for a period exceeding twenty-four hours; and

(vii) Receives written confirmation from the department that the transporter meets the security requirements described in subparagraph (A)(ii) of this subdivision.

(B) The department shall take all reasonable efforts to schedule an inspection of the cannabis establishment facility not later than sixty days after the department receives an application for transporter expansion pursuant to this subdivision. Upon completion of such inspection, the department shall promptly provide to the transporter (i) written confirmation of compliance with the security requirements set forth in subparagraph (A)(ii) of this subdivision, or (ii) notice of noncompliance with the security requirements set forth in subparagraph (A)(ii) of this subdivision.

(C) A transporter that expands the transporter's authorized activities under subparagraph (A) of this subdivision shall (i) comply with all provisions of this chapter, and all regulations, policies and procedures prescribed pursuant to this chapter, concerning product packagers, and (ii) not open or remove any cannabis from individual child-resistant packaging, provided nothing in this subdivision shall be construed to prohibit a transporter from consolidating or separating bulk packaged cannabis for the purposes of commercial distribution on a scale that is greater than commercial distribution on an individual and final packaging basis.

(D) In the event of a conflict between any provision of this chapter, or any regulation, policy or procedure prescribed pursuant to this chapter, concerning transporters and any such provision, regulation, policy or procedure concerning product packagers, the provision, regulation, policy or procedure imposing the more stringent public health and safety standard shall prevail.

(e) The commissioner shall adopt regulations, in accordance with chapter 54, to implement the provisions of RERACA. Notwithstanding the requirements of sections 4-168 to 4-172, inclusive, in order to effectuate the purposes of RERACA and protect public health and safety, prior to adopting such regulations the commissioner shall issue policies and procedures to implement the provisions of this section that shall have the force and effect of law. The commissioner shall post all policies and procedures on the department's Internet web site, and submit such policies and procedures to the Secretary of the State for posting on the eRegulations System, at least fifteen days prior to the effective date of any policy or procedure. Any such policy or procedure shall no longer be effective upon the earlier of either adoption of such policy or procedure as a final regulation under section 4-172 or sixty-three months from July 1, 2021. The commissioner shall issue policies and procedures, and thereafter adopt final regulations, requiring that: (1) The delivery service and transporter meet certain security requirements related to the storage, handling and transport of cannabis, the vehicles employed, the conduct of employees and agents, and the documentation that shall be maintained by the delivery service, transporter and its drivers; (2) a delivery service that delivers cannabis to consumers maintain an online interface that verifies the age of consumers ordering cannabis for delivery and meets certain specifications and data security standards; and (3) a delivery service that delivers cannabis to consumers, qualifying patients or caregivers, and all employees and agents of such licensee, to verify the identity of the qualifying patient, caregiver or consumer and the age of the consumer upon delivery of cannabis to the end consumer, qualifying patient or caregiver, in a manner acceptable to the commissioner. The individual placing the cannabis order shall be the individual accepting delivery of the cannabis except, in the case of a qualifying patient, the individual accepting the delivery may be the caregiver of such qualifying patient.

(f) A delivery service shall not gift or transfer cannabis at no cost to a consumer or qualifying patient or caregiver as part of a commercial transaction.

(g) A delivery service that employs twelve or more individuals to deliver cannabis pursuant to subsection (c) of this section may only use individuals employed on a full-time basis, not less than thirty-five hours per week, to deliver cannabis pursuant to subsection (c) of this section. Any delivery service employees who deliver cannabis shall be registered with the department, and a delivery service shall not employ more than twenty-five such delivery employees at any given time.

(h) No provision of this section shall be construed to excuse any delivery service from the requirement that such delivery service enter into a labor peace agreement with a bona fide labor organization under section 21a-421d.