(a) As used in this section:
(1) “Bona fide labor organization” means a labor union that (A) represents employees in this state with regard to wages, hours and working conditions, (B) whose officers have been elected by a secret ballot or otherwise in a manner consistent with federal law, (C) is free of domination or interference by any employer and has received no improper assistance or support from any employer, and (D) is actively seeking to represent cannabis workers in the state;
(2) “Labor peace agreement” means an agreement between a cannabis establishment and a bona fide labor organization under this section pursuant to which the owners and management of the cannabis establishment agree not to lock out employees and that prohibits the bona fide labor organization from engaging in picketing, work stoppages or boycotts against the cannabis establishment;
(3) “Cannabis establishment”, “dispensary facility” and “producer” have the same meanings as provided in section 21a-420; and
(4) “Licensee” means a cannabis establishment licensee, dispensary facility or producer.
(b) Any provisional cannabis establishment licensee, dispensary facility or producer shall, as a condition of its final license approval, license conversion or approval for expanded authorization, respectively, enter into a labor peace agreement with a bona fide labor organization. Any such labor peace agreement shall contain a clause that the parties agree that final and binding arbitration by a neutral arbitrator will be the exclusive remedy for any violation of such agreement.
(c) Notwithstanding the provisions of chapter 54, if an arbitrator finds that a licensee failed to comply with an order issued by the arbitrator to correct a failure to abide by such agreement, upon receipt of a written copy of such finding, the department shall suspend the licensee's license without further administrative proceedings or formal hearing.
(d) A licensee or bona fide labor organization may commence a civil action in the Superior Court in the judicial district where the facility used in the operation of a cannabis establishment is located to enforce the arbitration award or to lift the license suspension. The license shall remain suspended until such time that (1) the arbitrator notifies, or both of the parties to the arbitration notify, the department that the licensee is in compliance with the arbitration award; (2) both of the parties to the arbitration notify the department that they have satisfactorily resolved their dispute; (3) the court, after hearing, lifts the suspension; or (4) the court, after hearing, orders alternative remedies, which may include, but need not be limited to, ordering the department to revoke the license or ordering the appointment of a receiver to properly dispose of any cannabis inventory. Except as provided in subsection (e) of this section, during such time that a license is suspended pursuant to this section, the licensee may engage in conduct necessary to maintain and secure the cannabis inventory, but may not sell, transport or transfer cannabis to another cannabis establishment, consumer or laboratory, unless such sale or transfer is associated with a voluntary surrender of license and a cannabis disposition plan approved by the commissioner.
(e) A producer, cultivator or micro-cultivator may sell, transport or transfer cannabis to a product packager, food or beverage manufacturer, product manufacturer, dispensary facility or hybrid retailer for the sale of products to qualified patients or caregivers, which products shall be labeled “For Medical Use Only”.
(June Sp. Sess. P.A. 21-1, S. 102.)
History: June Sp. Sess. P.A. 21-1 effective July 1, 2021.
Structure Connecticut General Statutes
Title 21a - Consumer Protection
Chapter 420h - Regulation of Adult-Use Cannabis
Section 21a-420. - Definitions.
Section 21a-420a. - Purchase, possession, display, sale or transportation of cannabis legal.
Section 21a-420b. - Enforcement of violations of federal law related to cannabis.
Section 21a-420c. - License required for sale, offering or delivery of cannabis.
Section 21a-420e. - Timeline for initial applications for licensure. Fees for licenses.
Section 21a-420l. - Authorization for expanded activity of producer. Social equity partnership.
Section 21a-420m. - Creation of equity joint ventures by producer. Requirements. Fee.
Section 21a-420n. - Cultivator license.
Section 21a-420p. - Micro-cultivator license.
Section 21a-420q. - Regulations re maximum grow space. Policies and procedures.
Section 21a-420r. - Retailer license.
Section 21a-420s. - Hybrid retailer license.
Section 21a-420w. - Food and beverage manufacturer license.
Section 21a-420x. - Product manufacturer license.
Section 21a-420y. - Product packager license.
Section 21a-421b. - Criminal history records checks required for licensure. Fees.
Section 21a-421c. - Third-party background checks for backer or key employee license applications.
Section 21a-421e. - Project labor agreement required. Civil action for enforcement. Penalty.
Section 21a-421f. - Cannabis business accelerator program.
Section 21a-421g. - Workforce training program for cannabis industry.
Section 21a-421h. - Bond authorization.
Section 21a-421i. - Revolving loan program.
Section 21a-421j. - Regulations required to implement RERACA. Policies and procedures.
Section 21a-421q. - Purchase of cannabis by qualifying patients and caregivers.
Section 21a-421bbb. - Inducement of person under twenty-one to procure cannabis.
Section 21a-421eee. - Loitering on cannabis retailer or hybrid retailer premises.
Section 21a-421hhh. - Certain gifts, sales and transfers of cannabis prohibited. Penalties.
Section 21a-422b. - Positive drug test of student and enrollment in educational institution.
Section 21a-422e. - Program re collection of public health information on cannabis. Report.
Section 21a-422m. - Use of cannabis in hospitals.
Section 21a-422n. - Possession of cannabis in Department of Correction facilities or halfway houses.
Section 21a-422t. - Sign re storage and disposal of cannabis and cannabis products.