Concerns
Concerns answered
Including the four objections the Department of Consumer Protection raised in 2025, quoted directly.
In February 2025 the Commissioner of Consumer Protection submitted testimony on a caregiver cultivation bill. He did not oppose it. He raised four concerns and closed by writing that the Department “welcomes conversations with the proponents of this bill.” Each concern is answered below, and each answer is written into the current draft.
“A secondary market … on a commercial scale”DCP, 2025
Five-patient cap. Written designation filed with the Department. No advertising. No sales. Single cultivation site. No holding any other cannabis license. Cost reimbursement only, with records retained two years and produced on request. Annual reporting to the General Law Committee.
“Product diversion due to oversupply”DCP, 2025
Plant allowances derive per patient, so every plant traces to a named, registered patient who filed a written designation. Total canopy capped at 500 square feet. Graduated civil penalties escalating to revocation.
“Growing cannabis in soil that may have heavy metals or other contaminants”DCP, 2025
Connecticut law already requires that any seedling sold to a home grower be tested for pesticides and heavy metals under § 21a-420p(f)(2)(B)(iii). The problem is that the legal channel is so narrow that most home growers cannot use it and buy untested genetics from out-of-state seed banks instead. The bill widens that channel. It also creates subsidized voluntary laboratory testing and requires a no-cost education module as a condition of licensure.
“Contamination of product due to improper curing, handling and storage”DCP, 2025
The same education module, required for licensure. Patients have been permitted to cultivate at home since 2021 and the Department has not proposed repealing that authority on this basis.
“Cultivation activities will occur at private residences, which are not inspected and DCP does not have authority to enter”DCP, 2025
Correct, and the bill requests no such authority. Enforcement runs through the license and the written designation, with hearings under the Uniform Administrative Procedure Act. The bill states expressly that nothing in it authorizes entry into a dwelling or its curtilage without a warrant issued on probable cause or a resident's voluntary written consent.
“The Department of Consumer Protection does not regulate the pricing of medicine”DCP, 2025
A fair objection to the 2025 bill's laboratory fee cap. That cap is gone. It is replaced with a subsidy funded from the Cannabis Regulatory and Investment Account — the same patient outcome by a different mechanism, and one that supports the state's laboratories rather than constraining them.
Will the Department need additional resources?
The fee schedule exists to answer this. Connecticut currently collects nothing from caregiver registration. The bill creates a fee-supported license using Maine's published tiers, deposited to the Cannabis Regulatory and Investment Account and available for administration and enforcement.
This expands cannabis access.
Plant counts do not change. Adults have been permitted to grow since July 2023 and registered patients since October 2021. The bill addresses where a lawful plant may stand and who may help a patient who cannot grow for themselves.
Odor will affect neighbors.
Outdoor cultivation must be inside a locked enclosure at least six feet high, not visible at ground level from any adjacent street, sidewalk, park or neighboring residential property. Odor mitigation is required. Municipal fence, setback and accessory structure ordinances are preserved.
Children could access the plants.
The enclosure must be locked against any person other than a resident of the primary residence. That is a higher standard than current law applies to an indoor closet.
Just let the agency handle it by regulation.
The Department can move patient plants outdoors under existing authority at § 21a-408m(4). It cannot create a license type, set fees, grant testing immunity, change who may sell seedlings, or change plant counts. Those all require legislation.
It's federally illegal.
A final order of the Acting Attorney General, signed April 22 and effective April 28, 2026, placed two categories in Schedule III of the Controlled Substances Act: drug products containing marijuana approved by the Food and Drug Administration, and marijuana subject to a state-issued license to manufacture, distribute or dispense it. Schedule III is the classification for substances with accepted medical use. 91 FR 22714 (Apr. 28, 2026); AG Order No. 6754-2026; issued under Executive Order 14370 via 21 U.S.C. § 811(d)(1). Adult-use cannabis remains Schedule I and this bill does not address it. Schedule III does not make Connecticut's program federally compliant, and the order is under challenge in the D.C. Circuit. Note that the order attaches to a state license — which is why this bill creates a cultivating caregiver license rather than a registration.