R.C.S.A. § 21a-408-31
Refusal to renew or issue a license or registration of a dispensary facility, dispensary facility employee, producer, production facility employee, laboratory employee or research program employee
Cite as Conn. Agencies Regs. § 21a-408-31
or production facility employee
(a) For sufficient cause found in accordance with subsection (b) of this section, the
commissioner may, in the commissioner’s discretion, suspend, revoke or refuse to grant
or renew a license or registration issued pursuant to sections 21a-408-13 to 21a-408-24,
inclusive, of the Regulations of Connecticut State Agencies, or place such license
or registration on probation, place conditions on such license or registration, or
take other actions permitted by statute or regulation. For purposes of this section,
each instance of qualifying patient or primary caregiver contact or consultation that
is in violation of any provision of sections 21a-408-1 to 21a-408-70, inclusive, of
the Regulations of Connecticut State Agencies, shall be deemed a separate offense.
Failure to renew any license or registration in a timely manner is not a violation
for purposes of this section.
(b) Any of the following shall be sufficient cause for such action by the commissioner:
(1) Furnishing of false or fraudulent information in any application;
(2) Any criminal conviction under federal or state statutes, or regulations or local ordinances,
unless the act subject to the conviction occurred when the person held a valid license
or registration certificate issued pursuant to the Act and sections 21a-408-1 to 21a-408-70,
inclusive, of the Regulations of Connecticut State Agencies and the conviction was
based on a federal statute or regulation related to the possession, purchase or sale
of marijuana that is authorized under the Act and sections 21a-408-1 to 21a-408-70,
inclusive, of the Regulations of Connecticut State Agencies;
(3) Any civil action under any federal or state statute, or regulation or local ordinance
relating to the applicant's, licensee’s or registrant’s profession, or involving drugs,
medical devices or fraudulent practices, including, but not limited to, fraudulent
billing practices;
(4) Failure to maintain effective controls against diversion, theft or loss of marijuana
or other controlled substances;
(5) Discipline by, or a pending disciplinary action or unresolved complaint, with regard
to any professional license or registration of any federal, state or local government;
(6) Abuse or excessive use of drugs or alcohol;
(7) Possession, use, prescription for use or distribution of controlled substances or
legend drugs, except for therapeutic or other proper medical or scientific purpose;
(8) Failure to account for the disposition of marijuana;
(9) Failure to keep accurate records of all marijuana dispensed, administered or sold
to qualifying patients or primary caregivers;
(10) Failure to keep accurate records of all marijuana produced, manufactured, packaged
or sold to a dispensary or dispensary facility;
(11) 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;
(12) False, misleading or deceptive representations to the public or the commissioner or
the commissioner’s authorized representative;
(13) Return to regular stock of any marijuana where:
(A) The package or container containing the marijuana has been opened, breached or tampered
with; or
(B) The marijuana has been sold to a patient or caregiver;
(14) Involvement in a fraudulent or deceitful practice or transaction;
(15) Performance of incompetent or negligent work;
(16) Failure to maintain the entire dispensary facility or production facility and contents
in a clean, orderly and sanitary condition;
(17) Intentionally, or through negligence, obscuring, damaging, or defacing a license or
registration card;
(18) A determination by the commissioner that the applicant or holder of the license or
registration has a condition, including, but not limited to, physical illness or loss
of skill or deterioration due to the aging process, emotional disorder or mental illness,
abuse or excessive use of drugs or alcohol that would interfere with the practice
of dispensing, operation of a dispensary facility or activities as a dispensary, dispensary
technician, dispensary facility employee, producer or production facility employee,
provided the department shall not, in taking action against a license or registration
holder on the basis of such a condition, violate the provisions of section 46a-73
of the Connecticut General Statutes, or 42 USC 12132 of the federal Americans with
Disabilities Act;
(19) Permitting another person to use the licensee’s or registrant’s license or registration;
(20) 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 a dispensary facility or production facility;
(21) Discontinuance of business for more than sixty days, unless the commissioner approves
an extension of such period for good cause shown, upon a written request from a dispensary
facility or producer. Good cause includes exigent circumstances that necessitate the
closing of the facility. Good cause shall not include a voluntary closing of the dispensary
facility or production facility;
(22) A violation of any provision of the Connecticut General Statutes, or any regulation
established thereunder, related to the person’s profession or occupation; or
(23) Failure to comply with any provision of sections 21a-408-1 to 21a-408-70, inclusive,
of the Regulations of Connecticut State Agencies.
(c) No person whose application for a license or registration has been denied due to the
applicant’s character and fitness may make another application for a license or registration
under sections 21a-408-13 to 21a-408-24, inclusive, of the Regulations of Connecticut
State Agencies for at least one year from the date of denial.
(d) No person whose license or registration has been revoked may make an application for
a license or registration under sections 21a-408-13 to 21a-408-24, inclusive, of the
Regulations of Connecticut State Agencies for at least one year from the date of such
revocation.
(e) If a license or registration is voluntarily surrendered or is not renewed, the commissioner
shall not be prohibited from suspending, revoking or imposing other penalties permitted
by the Act and sections 21a-408-1 to 21a-408-70, inclusive, of the Regulations of
Connecticut State Agencies, on any such license or registration.