Connecticut’s proposed legislation has been criticized for attempting to ban the gift of cannabis

The Connecticut General Assembly last month proposed Raised Bill No. 5329, which seeks to close the loophole of cannabis “gifting.” If passed, the new law would require $10,000 for public gift party violations. A general judicial committee held a public session on March 8 to discuss the bill, prompting supporters to voice their concerns on the matter.

Recreational cannabis was adopted with Governor Ned Lamont’s signature in June 2021, with plans to begin statewide sales by the end of 2022. However, some advocates in Connecticut claim the new law is an attempt to re-criminalize cannabis before the program even had a chance to fully launch. The text of the draft law states that “no one may gift, sell or transfer cannabis to another person” and that cannabis may not be exchanged as a donation, entry to an event, by way of a promotional gift and not in unlicensed cannabis dispensaries.

A cannabis business owner, Duncan Markovich, attended a public virtual hearing of the proposal before the General Law Committee and expressed concern about the bill. “Some of the wording in the bill … would actually criminalize this facility again and would be a huge step backwards for everyone,” Markovich said. “Citizens of the state of Connecticut and those of us specifically in the cannabis community, culture, advocacy and industry cannot understand such draconian language regarding this plant. Passing a law criminalizing the supply of this herbal medicine to our family members, friends, or even complete strangers is unethical, unfathomable, and borderline shameful.” He also argued that gifting cannabis should be the same as gifting product from a personal vegetable garden.

Another advocate, Justin Welch, who is a member of CT CannaWarriors and the New England Craft Cannabis Alliance, stated his faith in gifting and his opposition to the law. “I don’t deserve to be punished for this, and neither does anyone else,” he shared. “For too long, good people have been persecuted for their use of cannabis. The grassroots cannabis community that exists here in Connecticut will not cease to exist whether you pass this law or not. Going forward we need a sensible cannabis policy that looks more like a craft beer policy.”

However, there is a defined difference between gifting cannabis to a friend or loved one and gifting cannabis for free with the purchase of another item. An example of such gifts was events like the “High Bazaar,” previously held in Hamden, Connecticut, which drew up to 1,200 visitors each Saturday to enjoy live music and explore local vendors. According to the New Haven Register, the High Bazaar was stopped by an injunction because the event’s organizers did not have the necessary permits.

During the virtual meeting, Hamden Representative Michael D’Agostino explained that the newly proposed bill was created to prevent wholesale and non-personal donations. “The intent of the committee was to use that language to really prevent and curb those retail gifting events that have been happening in the state that are really retail events,” D’Agostino said. “They are just one end of the approval and transaction process that we have put in place through our cannabis laws.”

Connecticut Department of Consumer Protection Commissioner Michelle Seagull also reiterated this fact. “You can’t give it away as part of a larger commercial transaction,” Seagull said. “It has to be a lot more than just giving it to a friend.”

The General Law Committee has until March 22 to act on the proposed legislation.

Although there is still no confirmation as to where the High Bazaar will be holding its events in the future, the Hamden Mayor’s Office is hoping to find a new location to operate from soon. “The administration supports organizations and companies related to cannabis. We welcome you to Hamden and the only concern is the event in the [previous location] It was about safety,” said Sean Grace, Mayor Lauren Garret’s chief of staff. “The events are very successful and attract a lot of people, so you need the right venue for that.”