(a) For sufficient cause found pursuant to subsection (b) of this section, the commissioner may suspend or revoke a license or registration, issue fines of not more than twenty-five thousand dollars per violation, accept an offer in compromise or refuse to grant or renew a license or registration issued pursuant to RERACA, or place such licensee or registrant on probation, place conditions on such licensee or registrant or take other actions permitted by law. Information from inspections and investigations conducted by the department related to administrative complaints or cases shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200, except after the department has entered into a settlement agreement, or concluded its investigation or inspection as evidenced by case closure, provided that nothing in this section shall prevent the department from sharing information with other state and federal agencies and law enforcement as it relates to investigating violations of law.
(b) Any of the following shall constitute sufficient cause for such action by the commissioner, including, but not limited to:
(1) Furnishing of false or fraudulent information in any application or failure to comply with representations made in any application, including, but not limited to, medical preservation plans and security requirements;
(2) A civil judgment against or disqualifying conviction of a cannabis establishment licensee, backer, key employee or license applicant;
(3) Failure to maintain effective controls against diversion, theft or loss of cannabis, cannabis products or other controlled substances;
(4) Discipline by, or a pending disciplinary action or an unresolved complaint against a cannabis establishment licensee, registrant or applicant regarding any professional license or registration of any federal, state or local government;
(5) Failure to keep accurate records and to account for the cultivation, manufacture, packaging or sale of cannabis;
(6) Denial, suspension or revocation of a license or registration, or the denial of a renewal of a license or registration, by any federal, state or local government or a foreign jurisdiction;
(7) False, misleading or deceptive representations to the public or the department;
(8) Return to regular stock of any cannabis where:
(A) The package or container containing the cannabis has been opened, breached, tampered with or otherwise adulterated; or
(B) The cannabis has been previously sold to an end user or research program subject;
(9) Involvement in a fraudulent or deceitful practice or transaction;
(10) Performance of incompetent or negligent work;
(11) Failure to maintain the entire cannabis establishment premises or laboratory and contents in a secure, clean, orderly and sanitary condition;
(12) Permitting another person to use the licensee's license;
(13) Failure to properly register employees or license key employees, or failure to notify the department of a change in key employees or backers;
(14) An adverse administrative decision or delinquency assessment against the cannabis establishment from the Department of Revenue Services;
(15) Failure to cooperate or give information to the department, local law enforcement authorities or any other enforcement agency upon any matter arising out of conduct at the premises of a cannabis establishment or laboratory or in connection with a research program;
(16) Advertising in a manner prohibited by section 21a-421bb; or
(17) Failure to comply with any provision of RERACA, or any policies and procedures issued by the commissioner to implement, or regulations adopted pursuant to, RERACA.
(c) Upon refusal to issue or renew a license or registration, the commissioner shall notify the applicant of the denial and of the applicant's right to request a hearing within ten days from the date of receipt of the notice of denial. If the applicant requests a hearing within such ten-day period, the commissioner shall give notice of the grounds for the commissioner's refusal and shall conduct a hearing concerning such refusal in accordance with the provisions of chapter 54 concerning contested cases. If the commissioner's denial of a license or registration is sustained after such hearing, an applicant may not apply for a new cannabis establishment, backer or key employee license or employee registration for a period of one year after the date on which such denial was sustained.
(d) No person whose license or registration has been revoked may apply for a cannabis establishment, backer or key employee license or an employee registration for a period of one year after the date of such revocation.
(e) The voluntary surrender or failure to renew a license or registration shall not prevent the commissioner from suspending or revoking such license or registration or imposing other penalties permitted by RERACA.
(June Sp. Sess. P.A. 21-1, S. 58.)
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.