No, weed can no longer be given away

Earlier this year, Connecticut drafted a bill to ban the gift giving of cannabis and fine offenders up to $10,000. But immediately after the proposal hit the news, it was met with many critics, with supporters hoping the bill would not pass.

Unfortunately, in the last week of May, Connecticut Governor Gov. Ned Lamont signed into law reform legislation banning gift giving of cannabis. Not only that, another law was signed to regulate cannabis advertising within the state.

The genesis of the bill

Earlier this year, in February to be precise, the Connecticut General Assembly introduced Bill No. 5329. The bill was proposed to eliminate loopholes in gifting cannabis. New York recently decided to ban gift-giving cannabis.

On March 8, 2022, the General Law Committee held a meeting on the bill that would fine felons $10,000 for using cannabis. At the meeting, cannabis advocates voiced their concerns about why the law should not be passed. Cannabis gift giving in California has been an issue since the 2016 election that legalized recreational marijuana in the state.

Connecticut is one of the other recent states to legalize recreational cannabis use, with Governor Ned Lamont passing the law in 2021. According to the roadmap, recreational cannabis sales are expected to begin in the state towards the end of the year.

But with the proposed bill, cannabis advocates claim it’s an attempt to re-criminalize marijuana before its legalization even begins. According to the law, no person may sell, transfer, or give away marijuana to another person. The bill also states that marijuana may not be exchanged as a donation, via giveaway, or as access to an event or anywhere outside of a licensed marijuana dispensary.

Duncan Markovich, a cannabis business owner who was present at the meeting, expressed skepticism about the bill. He reiterated that some of the terms used in the bill would actually re-criminalize cannabis and set back the progress of the industry. He continued that Connecticut citizens and active members of the cannabis culture and community, advocates and the entire industry could not use such language in connection with cannabis.

Legislation enacted a law that Douglas the gift of cannabis and cannabis products, whether medicinal, to friends and family members or strangers is unethical, unimaginable and shameful. Duncan also claimed that gifting cannabis should be on the same pedestal as gifting produce from your garden.

Justin Welch, another advocate present at the meeting and a member of the New England Craft Cannabis Alliance, expressed his opposition to the law. He claimed that good people have been prosecuted for possession and use of cannabis for a very long time. He commended that the local Connecticut marijuana community will continue to grow stronger once the law is passed. He concluded that practical cannabis guidelines need to be advanced in order to regulate the cannabis community.

Regardless, there is a distinct difference between gifting marijuana to a loved one or friend and gifting it with an item purchased otherwise. For example, the donation implied in the bill can be seen at the High Bazaar event held in Hamden, Connecticut. Around 1,200 visitors came to the event to experience live music and try out local providers. Reports from the New Haven Register suggested that a referendum put an end to the High Bazaar event due to insufficient permits.

Michael D’Agostino, a Hamden representative at the meeting, took the time to explain the concept of gift giving to which the bill refers. The bill does not target the personal gifting of cannabis, but seeks to discourage large-scale gifting. Using such language, the committee intended to address retail events that have become popular in the state. In his claims, D’Agostino claims that the bill is just an end to the transaction process and approvals established by cannabis laws.

By the looks of it, the law passed after a signature from Governor Ned Lamont, although some effective changes were made.

Whether the High Bazaar will continue its events in the near future has not been confirmed. However, the mayor’s office in Hamden would soon be looking for a new location. Mayor Lauren Garret’s chief of staff, Sean Grace, said the current administration supports cannabis-related businesses and organizations. Hamden opens arms to High Baazaar but the problem with hosting an event like this is the safety concerns. She believes the events are profitable and successful, so they attract a lot of people, so the venue has to be right.

Entry into force of the draft law

On May 24, 2022, Governor Ned Lamon signed Law #5329 outlawing the gifting of cannabis in return for indirect payments or donations. However, unlike the originally proposed $10,000 fine against offenders, it was eventually revised to a maximum of $1,000 for offenders. The law specifically defines that individuals can share cannabis with friends, family and strangers provided the exchange is non-transactional.

The governor also signed another bill into law regulating cannabis marketing and advertising in the state. The bill restricts cannabis advertising within 1,500 yards of churches and schools, and also bans billboard advertising by unlicensed cannabis companies in the state. Legislation only allows cannabis-related advertising between 11 p.m. and 6 a.m. to limit children’s exposure to cannabis.

Conclusion

It’s fair to say that the Connecticut government took due diligence in trying to navigate various cannabis laws to be at this point. While the state permits adult and medicinal use of cannabis, it also strives to protect minors from exposure to cannabis while carefully marketing the cannabis industry to adults.

Adults in Connecticut may possess a maximum of 5 ounces of cannabis privately and 1.5 ounces of cannabis in public. As things stand, medical cannabis dispensaries will be the first licensed to sell cannabis to adults without a prescription. Although recreational cannabis sales are also expected to start later this year.

Meanwhile, patients with a doctor’s prescription will be able to grow their cannabis in their home gardens from October 1, 2021.

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