CGS § 21a-420n. Cultivator license.

(a) On and after July 1, 2021, the department may issue or renew a license for a person to be a cultivator. No person may act as a cultivator or represent that such person is a licensed cultivator unless such person has obtained a license from the department pursuant to this section.

(b) (1) A cultivator is authorized to cultivate, grow and propagate cannabis at an establishment containing not less than fifteen thousand square feet of grow space, provided such cultivator complies with the provisions of any regulations adopted under section 21a-420q concerning grow space. A cultivator establishment shall meet physical security controls and protocols set forth and required by the commissioner.

(2) (A) Notwithstanding the provisions of subdivision (1) of this subsection, during the period beginning on June 6, 2024, through December 31, 2025, the department may grant a final cultivator license to the holder of a provisional cultivator license issued under section 21a-420o who has not developed the capability to cultivate, grow and propagate cannabis at an establishment containing at least fifteen thousand square feet of grow space, and such holder may carry out the functions of a cultivator, if such holder submits to the department, in a form and manner prescribed by the commissioner:

(i) A completed application for a final cultivator license; and

(ii) Evidence that (I) such holder's licensed cultivation facility contains at least five thousand square feet of grow space, (II) such holder, and such holder's licensed cultivation facility, are in compliance with the provisions of this chapter and the regulations adopted, and policies and procedures issued, under this chapter, (III) such holder has a detailed business plan and buildout schedule to cultivate, grow and propagate cannabis at a licensed establishment containing at least fifteen thousand square feet of grow space on or before December 31, 2025, and (IV) such holder has paid the three-million-dollar fee required under subdivision (3) of subsection (a) of section 21a-420o.

(B) If the department issues a final cultivator license under this subdivision, and the licensee fails to cultivate, grow and propagate cannabis at a licensed establishment containing at least fifteen thousand square feet of grow space on or before December 31, 2025, such licensee shall pay to the department, in a form and manner prescribed by the commissioner, an extension fee in the amount of five hundred dollars for each day that such licensee's licensed establishment fails to satisfy such minimum grow space requirement. The department may, in addition to imposing such extension fee, exercise the department's enforcement authority under section 21a-421p if the licensee fails to satisfy such minimum grow space requirement on or before December 31, 2025.

(c) A cultivator may label, manufacture, package and perform extractions on any cannabis cultivated, grown or propagated at its licensed establishment, including food and beverage products incorporating cannabis and cannabis concentrates, provided the cultivator meets all licensure and application requirements for a food and beverage manufacturer and a product manufacturer.

(d) A cultivator may sell, transfer or transport its cannabis to a cannabis establishment, research program or cannabis testing laboratory utilizing its own employees or a transporter. A cultivator shall not sell, transfer or deliver to consumers, qualifying patients or caregivers, directly or through a delivery service.

Short History

(June Sp. Sess. P.A. 21-1, S. 48; P.A. 23-79, S. 29; P.A. 24-115, S. 4; 24-151, S. 138.)

Long History

History: June Sp. Sess. P.A. 21-1 effective July 1, 2021; P.A. 23-79 amended Subsec. (d) by substituting “cannabis testing laboratory” for “laboratory”, effective July 1, 2023; P.A. 24-115 amended Subsec. (d) by substituting reference to cannabis establishment for reference to dispensary facility, hybrid retailer, retailer, food and beverage manufacturer, product manufacturer or product packager, and made conforming changes therein, effective June 4, 2024; P.A. 24-151 amended Subsec. (b) by designating existing provisions as Subdiv. (1) and adding Subdiv. (2) re granting final cultivator license to holder of provisional cultivator license issued under Sec. 21a-420o who has not developed capability to cultivate, grow and propagate cannabis at establishment containing at least 15,000 feet of grow space, effective June 6, 2024.