Vote Smart's Synopsis:

Vote to pass a bill that establishes the Cannabis Control Commission to regulate all aspects of cannabis production and distribution.

Highlights:

• Establishes a cannabis control commission responsible for awarding and revoking cannabis distribution licenses, as well as overseeing the operations of licensed cannabis distributors and allocating civil penalties for failure to comply with regulations on the production, sale, and use of cannabis (Sec. 21-28.11-5).

• Requires that the cannabis control commission adopt rules and regulations consistent with current legislation to administer, clarify, and enforce provisions regulating and licensing cannabis establishments (Sec. 21-28.11-5).

• Specifies that the commission should promote full participation in the regulated cannabis industry by farmers and businesses of all sizes (Sec. 21-28.11-5).

• Prohibits deceptive advertising, most television advertisements, and the use of cartoon characters in advertisements by licensed cannabis establishments (Sec. 21-28.11-5).

• Requires that the websites of cannabis establishments verify that users are over 21 years old (Sec. 21-28.11-5).

• Prohibits the establishment of regulations that would make the operation of a cannabis establishment unreasonable or impractical, require customer identification besides a proof of age, prevent a medical marijuana treatment center and a cannabis establishment from operating from a shared location, prevent cannabis establishments from acquiring seeds from other cannabis establishments, or prevent cannabis establishments from using inorganic cultivation methods (Sec. 21-28.11-5).

• Authorizes the commission to make recommendations to the legislature for changes to tax laws to further the intent of the legislation (Sec. 21-28.11-5).

• Establishes a cannabis advisory board to make recommendations to the cannabis commission on the regulation and taxation of cannabis (Sec. 21-28.11-6).

• Prohibits the authorization of new cannabis cultivation licenses prior to July 1, 2023 (Sec. 21-28.11-7).

• Requires that the commission establish regulations governing the amount of cannabis a cannabis cultivator may possess (Sec. 21-28.11-7).

• Prohibits the direct sale of cannabis to consumers by cannabis cultivators (Sec. 21-28.11-8).

• Prohibits the direct sale of cannabis to consumers by cannabis product manufacturers or wholesalers (Sec. 21-28.11-9)

• Authorizes a holder of a cannabis retail license to purchase cannabis from cannabis product manufacturers and cultivators for direct sale to consumers (Sec. 21-28.11-10).

• Requires the commission to develop licenses for independent cannabis testing laboratories (Sec. 21-28.11-11).

• Specifies that applicants for cannabis retail sales licenses must provide proof of having entered into a labor agreement with a labor organization (Sec. 21-28.11-12.2).

• Establishes a sales tax, a state cannabis excise tax of 10%, and a local cannabis excise tax of 3 percent on retail sales of cannabis to be paid to the city or town where the cannabis is sold (Sec. 21-28.11-13).

• Authorizes municipalities to vote on whether to permit the issuing of recreational cannabis licenses within the municipality’s limits (Sec. 21-28.11-15).

• Prohibits the issuing of multiple licenses to a single individual (Sec. 21-28.11-19).

• Prohibits the arrest, prosecution, or penalization of individuals 21 years old and older for possession, purchase, and manufacture of cannabis assets, or for the sale of those assets to persons 21 and over (Sec. 21-28.11-23).

• Prohibits the cultivation of cannabis plants in areas that can be seen from a distance without the use of optical aids, as well as the processing of cannabis plants in areas not secured by a lock or other security device (Sec. 21-28.11-27).

• Establishes penalties for the possession of more than one ounce, but not more than two ounces, of cannabis outside one’s residence (Sec. 21-28.11-27).

• Prohibits the possession of more than ten ounces, but less than twenty ounces, of cannabis within one’s residence (Sec. 21-28.11-27).

• Establishes penalties for the possession of more than six, but fewer than 12, cannabis plants within one’s residence (Sec. 21-28.11-27).

• Prohibits the consumption of cannabis in public places or places where the consumption of tobacco is prohibited (Sec. 21-28.11-27).

• Prohibits the possession of an open contained or cannabis or cannabis products in public spaces, including the passenger section of a car (Sec. 21-28.11-27).

• Specifies that provision of cannabis or cannabis products to an individual younger than 21 but older than 18 is a punishable offense (Sec. 21-28.11-27).

• Prohibits the possession, purchase, cultivation, and processing of cannabis and cannabis products by individuals younger than 18 years old (Sec. 21-28.11.27.1).

• Requires that the department of behavioral healthcare, developmental disabilities and hospitals (BHDDH) develop substance abuse prevention programs and student assistance programs for youth, to include four hours of classroom instruction or group discussion and ten hours of community service (Sec. 21-28.11-27.2).

• Authorizes any person convicted of possession of two ounces or less of marijuana to file a petition for expedited expungement of the marijuana possession record (Sec. 12-1.3-5).

• Authorizes any person deemed a civil violator for possession of one ounce of marijuana to file for expedited expungement of the civil violation (Sec. 12-1.3-5).

Full Bill Text