(a) No person may act as a dispensary or represent that such person is a licensed dispensary unless such person has obtained a license from the Commissioner of Consumer Protection pursuant to this section.
(b) The Commissioner of Consumer Protection shall determine the number of dispensaries appropriate to meet the needs of qualifying patients in this state and shall adopt regulations, in accordance with chapter 54, to provide for the licensure and standards for dispensaries in this state and specify the maximum number of dispensaries that may be licensed in this state. On and after the effective date of such regulations, the commissioner may license any person who applies for a license in accordance with such regulations, provided (1) the commissioner deems such applicant qualified to acquire, possess, distribute and dispense marijuana pursuant to sections 21a-408 to 21a-408n, inclusive, (2) the applicant is a pharmacist licensed under chapter 400j, and (3) the number of dispensary licenses issued does not exceed the number appropriate to meet the needs of qualifying patients in this state, as determined by the commissioner pursuant to this subsection. At a minimum, such regulations shall:
(A) Indicate the maximum number of dispensaries that may be licensed in this state;
(B) Provide that only a pharmacist licensed under chapter 400j may apply for and receive a dispensary license;
(C) Provide that no marijuana may be dispensed from, obtained from or transferred to a location outside of this state;
(D) Establish a licensing fee and renewal fee for each licensed dispensary, provided such fees shall not be less than the amount necessary to cover the direct and indirect cost of licensing and regulating dispensaries pursuant to sections 21a-408 to 21a-408n, inclusive;
(E) Provide for renewal of such dispensary licenses at least every two years;
(F) Describe areas in this state where licensed dispensaries may not be located, after considering the criteria for the location of retail liquor permit premises set forth in subsection (a) of section 30-46;
(G) Establish health, safety and security requirements for licensed dispensaries, which may include, but need not be limited to: (i) The ability to maintain adequate control against the diversion, theft and loss of marijuana acquired or possessed by the licensed dispensary, and (ii) the ability to maintain the knowledge, understanding, judgment, procedures, security controls and ethics to ensure optimal safety and accuracy in the distributing, dispensing and use of palliative marijuana;
(H) Establish standards and procedures for revocation, suspension, summary suspension and nonrenewal of dispensary licenses, provided such standards and procedures are consistent with the provisions of subsection (c) of section 4-182; and
(I) Establish other licensing, renewal and operational standards deemed necessary by the commissioner.
(c) Any fees collected by the Department of Consumer Protection under this section shall be paid to the State Treasurer and credited to the General Fund.
(d) On or before January 1, 2017, and annually thereafter, each licensed dispensary shall report data to the Department of Consumer Protection relating to the types, mixtures and dosages of palliative marijuana dispensed by such dispensary. A report prepared pursuant to this subsection shall be in such form as may be prescribed by the Commissioner of Consumer Protection.
(P.A. 12-55, S. 9; P.A. 15-244, S. 100; P.A. 16-23, S. 6.)
History: P.A. 12-55 effective May 31, 2012; P.A. 15-244 amended Subsec. (c) to substitute “General Fund” for “account established pursuant to section 21a-408q”, effective July 1, 2015; P.A. 16-23 added Subsec. (d) re report of data by licensed dispensaries to Department of Consumer Protection.