Questions on marijuana law answered

Possession becomes legal in the state on July 1. Here’s what you need to know.

After years of debate, Connecticut lawmakers last week gave final approval to a bill that would legalize the sale and cultivation of marijuana for adults over the age of 21, joining 19 states and the District of Columbia that allow recreational cannabis use.

The legislation, which spans nearly 300 pages, establishes framework for a recreational marijuana market (with those most impacted by the war on drugs getting preference for licenses in the industry), erases criminal convictions for certain marijuana offenses and includes provisions to step up enforcement of drugged drivers.

“The states surrounding us already, or soon will, have legal adult-use markets,” said Gov. Ned Lamont, who is expected to sign the bill in coming days. “By allowing adults to possess cannabis, regulating its sale and content, training police officers in the latest techniques of detecting and preventing impaired driving, and expunging the criminal records of people with certain cannabis crimes, we’re not only effectively modernizing our laws and addressing inequities, we’re keeping Connecticut economically competitive with our neighboring states.”

Here’s what you need to know about the new law:

When does marijuana become legal?:

Marijuana possession becomes legal for adults 21 and older on July 1.

How much cannabis will you be allowed to have?:

Individuals are allowed to have up to 1.5 ounces of cannabis on their person and up to 5 ounces in a locked container in their home or in their car’s glove box or trunk.

Where will you not be allowed to use marijuana?:

Smoking marijuana would generally not be allowed in places where cigarette smoke is already prohibited. That includes restaurants, health care facilities, state or municipal buildings and most workplaces. The use of any cannabis would be banned in state parks, with $250 fines for offenders. Hotels would be required to prohibit guests from smoking marijuana, but they could not ban possession and use of other forms of the drug in nonpublic areas. Marijuana use would be illegal in motor vehicles by both drivers and passengers.

When will retail marijuana stores open?:

The bill doesn’t include a specific date, but lawmakers say they are targeting May 2022 for when the first retail marijuana businesses would open. This may be delayed because the legislation was approved so late in the session.

How will marijuana business licenses be awarded?:

With intense interest in the new industry expected, licenses will be awarded by lottery. Fees to enter the lottery for a license range from $250 for a food and beverage manufacturer or delivery license to $1,000 for a cultivator license. If an applicant is picked in the lottery, additional licensing fees must be paid. Half of the licenses would be reserved for “social equity applicants” that come from economically disadvantaged areas that have been most harmed by the war on drugs. Those applicants would pay reduced licensing fees. Businesses involved in the state’s existing medical marijuana program could pay to enter the recreational market, with fees ranging between $1 million and $3 million.

Will towns have to allow marijuana businesses?:

No. The bill says cities and towns can opt through local zoning ordinances to prohibit marijuana businesses from operating within their borders. They can also restrict how close marijuana businesses can be to schools, churches and hospitals. Until June 30, 2024, towns can have no more than one marijuana retailer for every 25,000 residents. Towns that allow marijuana businesses will receive a 3% local tax on all sales. If at least 10% of a city or town’s voters registered voters sign a petition, the municipality must hold a referendum on whether or not to allow cannabis sales.

How much tax revenue is the state expecting to collect?:

In the first full year of legal marijuana sales (the budget year stretching from July 1, 2022, to June 30, 2023) a total of $26.3 million in new tax revenue is expected. That includes the 6.35% state sales tax, a state cannabis tax and the municipal cannabis tax. That number is expected to grow to $73.4 million in the 2025-2026 budget year.

How will marijuana tax revenue be spent?:

Funds will be used for a variety of purposes, including covering the administrative startup costs of the new recreational cannabis market and providing substance abuse prevention and treatment programs. A large portion of money will also be set aside in a special account that will provide access to capital and other assistance for social equity applicants for marijuana licenses. That process will be aided by a 15-member Social Equity Council that will “promote and encourage full participation in the cannabis industry by people from communities disproportionately harmed by cannabis prohibition.”

Will people be allowed to grow marijuana in their homes?:

Yes, but not right away. The bill says anyone 21 and older can grow up to six plants in their home (three mature and three immature plants) as of July 1, 2023. Households can grow no more than 12 cannabis plants at any given time.

What will be done to address drugged driving?:

The legislation calls on the Police Officer Standards and Training Council and the state Department of Transportation to determine how many trained drug recognition officers are needed to respond to a potential increase in impaired driving and tasks the agency with making sure there are enough such officers available. It also requires increased access to drug recognition training for officers to help meet the demand.

How does the bill seek to limit cannabis use by youths?:

There are several provisions in the legislation aimed at preventing marijuana use by those younger than 21. Spokespersons or celebrities who appeal to underage individuals would be prohibited in marijuana advertising and the advertising could not show cartoon characters, for example. The businesses could also not be sponsors of events where more than 10% of the attendees or audience is expected to be younger than 21.

What will happen to people with prior convictions for marijuana-related offenses?:

It will depend on the specific charge and when the person was convicted. People charged with possession of 4 ounces or less of cannabis before Jan. 1, 2000, or from Oct. 1, 2015 through June 30, 2021, can petition a court beginning July 1, 2022, to have their criminal record erased. Those charged with that same offense from Jan. 1, 2000, through Sept. 30, 2015, will have their records automatically erased on Jan. 1, 2023. More serious marijuana charges would not be eligible for erasure.