Sec. 21a-243. (Formerly Sec. 19-451). Regulations. Schedules of controlled substances.
Sec. 21a-243. (Formerly Sec. 19-451). Regulations. Schedules of controlled substances. (a) The Commissioner of Consumer Protection shall adopt regulations for the efficient enforcement and operation of sections 21a-244 to 21a-282, inclusive.
(b) The Commissioner of Consumer Protection may, so far as may be consistent with sections 21a-244 to 21a-282, inclusive, adopt the regulations existing under the federal Controlled Substances Act and pertinent regulations existing under the federal food and drug laws and conform regulations adopted hereunder with those existing under the federal Controlled Substances Act and federal food and drug laws.
(c) The Commissioner of Consumer Protection, acting upon the advice of the Commission of Pharmacy, may by regulation designate, after investigation, as a controlled substance, a substance or chemical composition containing any quantity of a substance which has been found to have a stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and having a tendency to promote abuse or physiological or psychological dependence or both. Such substances are classifiable as amphetamine-type, barbiturate-type, cannabis-type, cocaine-type, hallucinogenic, morphine-type and other stimulant and depressant substances, and specifically exclude alcohol, caffeine and nicotine. Substances which are designated as controlled substances shall be classified in schedules I to V by regulations adopted pursuant to subsection (a) of this section.
(d) The Commissioner of Consumer Protection may by regulation change the schedule in which a substance classified as a controlled substance in schedules I to V of the controlled substance scheduling regulations is placed. On or before December 15, 1986, and annually thereafter, the commissioner shall submit a list of all such schedule changes to the chairmen and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to public health.
(e) The Commissioner of Consumer Protection shall classify marijuana as a controlled substance in schedule II under the Connecticut controlled substance scheduling regulations, except that for any marijuana product that has been approved by the federal Food and Drug Administration or successor agency to have a medical use and that is reclassified in any schedule of controlled substances or unscheduled by the federal Drug Enforcement Administration or successor agency, the commissioner shall adopt the schedule designated by the Drug Enforcement Administration or successor agency. In the event that marijuana is reclassified as a controlled substance in schedule III, IV or V of the federal Controlled Substances Act, or is unscheduled by the federal Drug Enforcement Administration or successor agency, the commissioner shall adopt the schedule designated by the federal Drug Enforcement Administration or successor agency.
(f) A new or amended regulation under this chapter shall be adopted in accordance with the provisions of chapter 54.
(g) In the event of any inconsistency between the contents of schedules I, II, III, IV and V of the controlled substance scheduling regulations and schedules I, II, III, IV and V of the federal Controlled Substances Act, as amended, the provisions of the federal act shall prevail, except (1) when the provisions of the Connecticut controlled substance scheduling regulations place a controlled substance in a schedule with a higher numerical designation, schedule I being the highest designation, or (2) as provided in subsection (e) of this section.
(h) When a drug that is not a controlled substance in schedule I, II, III, IV or V, as designated in the Connecticut controlled substance scheduling regulations, is designated to be a controlled substance under the federal Controlled Substances Act, such drug shall be considered to be controlled at the state level in the same numerical schedule from the effective date of the federal classification. Nothing in this section shall prevent the Commissioner of Consumer Protection from designating a controlled substance differently in the Connecticut controlled substance scheduling regulations than such controlled substance is designated in the federal Controlled Substances Act, as amended from time to time.
(i) (1) The Commissioner of Consumer Protection shall, by regulation adopted pursuant to this section, designate the following substances, by whatever official, common, usual, chemical or trade name designation, as controlled substances and classify each such substance in the appropriate schedule:
(A) 1-pentyl-3-(1-naphthoyl)indole (JWH-018);
(B) 1-butyl-3-(1-naphthoyl)indole (JWH-073);
(C) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
(D) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497);
(E) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol; CP-47,497 C8 homologue);
(F) Salvia divinorum; and
(G) Salvinorum A.
(2) Notwithstanding the provisions of subsection (c) of this section, the commissioner shall, in accordance with the provisions of chapter 54, amend the regulations adopted pursuant to subdivision (1) of this subsection to designate the following substances, by whatever official, common, usual, chemical or trade name designation, as controlled substances and classify each such substance in the appropriate schedule:
(A) 7-hydroxymitragynine;
(B) Bromazolam;
(C) Flubromazolam;
(D) Mitragyna speciosa (kratom), including its leaves, stem and any extracts;
(E) Nitazenes, including, but not limited to, isotonitazene;
(F) Tianeptine; and
(G) Phenibut.
(j) Notwithstanding the provisions of subsection (c) of this section, the Commissioner of Consumer Protection shall designate the following substances, by whatever official, common, usual, chemical or trade name designation, as controlled substances in schedule I of the controlled substances scheduling regulations:
(1) Mephedrone (4-methylmethcathinone);
(2) Synthetic cannabinoids; and
(3) MDPV (3,4-methyenedioxypyrovalerone).
(1967, P.A. 555, S. 7; 737; 1969, P.A. 753, S. 4; 1972, P.A. 278, S. 2; P.A. 73-681, S. 3, 29; P.A. 86-96, S. 6, 7; P.A. 87-129, S. 3; P.A. 99-175, S. 49; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; P.A. 11-73, S. 1; 11-210, S. 3; P.A. 12-55, S. 18; P.A. 19-177, S. 30, 31; P.A. 24-115, S. 2; P.A. 25-101, S. 4.)
History: 1969 act placed regulation of cannabis-type drugs under consumer protection commissioner's and public health council's joint jurisdiction in Subsec. (a); 1972 act substituted “substance(s)” for “drug(s)” and “Federal Controlled Substances Act” for “federal narcotic laws” and replaced detailed provisions re adoption of regulations with statement that adoption shall be pursuant to Secs. 4-166 to 4-185; P.A. 73-681 placed all regulations under jurisdiction of consumer protection commissioner, deleting reference to public health council; Sec. 19-451 transferred to Sec. 21a-243 in 1983; P.A. 86-96 made numerous technical changes, inserted new Subsec. (d) which allows the commissioner to make schedule changes by regulations, and relettered former Subsec. (d) as (e); P.A. 87-129 substituted reference to Sec. 21a-244 for Sec. 21a-242, repealed by the same act, provided that controlled substances shall be classified in schedules by regulations, and added Subsecs. (f) and (g); P.A. 99-175 made a technical change and increased number of days noncontrolled substances are considered controlled at state level from 120 to 240 days from effective date of federal classification; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 11-73 amended Subsec. (b) to make a technical change and added Subsec. (h) requiring commissioner by regulation to designate 7 specified substances as controlled substances and classify each such substance in appropriate schedule, effective July 1, 2011; P.A. 11-210 added provisions, codified by the Revisors as Subsec. (i), requiring commissioner to designate the substances mephedrone and MDPV as schedule I controlled substances, effective July 1, 2011; P.A. 12-55 added new Subsec. (e) to require commissioner to submit amendments to regulations to reclassify marijuana as a controlled substance in schedule II, redesignated existing Subsecs. (e) to (i) as Subsecs. (f) to (j) and amended redesignated Subsec. (g) to insert Subdiv. designators (1) and (2) and add exception as provided in Subsec. (e); P.A. 19-177 amended Subsec. (e) by adding provision re commissioner to adopt schedule designated by Drug Enforcement Administration and amended Subsec. (h) by deleting reference to 240 days and adding provision re Commissioner designating controlled substance differently from federal Controlled Substances Act, effective July 9, 2019; P.A. 24-115 amended Subsec. (j) by adding new Subdiv. (2) re synthetic cannabinoids, redesignating existing Subdiv. (2) as Subdiv. (3) and making conforming changes, effective June 4, 2024; P.A. 25-101 substantially amended Subsec. (e) by deleting obsolete provision re submission to standing legislative regulation review committee of amendments to reclassify marijuana, requiring commissioner to classify marijuana in schedule II and adding provision re Drug Enforcement Administration reclassification of marijuana in schedule III, IV or V or unscheduling of marijuana, and amended Subsec. (i) by designating existing provisions as Subdiv. (1) and existing Subdivs. (1) to (7) as Subdiv. (1)(A) to (G) and adding new Subdiv. (2) re classification of 7-hydroxymitragynine, bromazolam, flubromazolam, mitragyna speciosa (kratom), its leaves, stem and extracts, nitazenes including isotonitazene, tianeptine and phenibut, effective June 24, 2025.
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Sec. 21a-286. Agreements for distribution and administration of opioid antagonists. Secure boxes, vending machines and secured machines. Test strips. Signage. Regulations. (a) For the purposes of this section:
(1) “Commissioner” means the Commissioner of Consumer Protection;
(2) “Department” means the Department of Consumer Protection;
(3) “Host agency” means a community health organization, emergency medical service provider, government agency, law enforcement agency or local or regional board of education;
(4) “Opioid antagonist” has the same meaning set forth in section 17a-714a;
(5) “Prescribing practitioner” has the same meaning set forth in section 20-14c;
(6) “Pharmacist” has the same meaning set forth in section 20-609a;
(7) “Secure box” means a container that (A) is securely affixed in a public location, (B) can be accessed by individuals for public use, and (C) displays any signage required by the department pursuant to subsection (g) of this section;
(8) “Secured machine” means a device that (A) restricts access to individuals participating in a syringe services program by utilizing a designated access number, personalized magnetic strip card or any other technology to identify such individuals for the purpose of providing access, and (B) is registered with the department in a form and manner prescribed by the commissioner; and
(9) “Syringe services program” means a program that is (A) established or authorized pursuant to section 19a-124, and (B) approved by the department under section 21a-65.
(b) A prescribing practitioner, or a pharmacist who is certified to prescribe an opioid antagonist pursuant to section 20-633c, may enter into an agreement with a host agency related to the distribution and administration of an opioid antagonist for the reversal of an opioid overdose. The prescribing practitioner or pharmacist shall provide training to persons who will distribute or administer the opioid antagonist pursuant to the terms of the agreement. Persons other than the prescribing practitioner or pharmacist shall receive training in the distribution or administration of opioid antagonists prior to distributing or administering an opioid antagonist. The agreement shall address the storage, handling, labeling, recalls and recordkeeping of opioid antagonists by the host agency that is party to the agreement.
(c) (1) A prescribing practitioner, or a pharmacist who is certified to prescribe an opioid antagonist pursuant to section 20-633c, may enter into an agreement with a host agency to provide an intranasally or orally administered opioid antagonist, or permit a host agency to install on the host agency's premises a secure box containing an intranasally or orally administered opioid antagonist. The agreement shall address the environmental controls necessary to store such opioid antagonist, establish procedures for replenishment of such opioid antagonist, establish a process for monitoring the expiration dates of such opioid antagonist and disposing of any expired opioid antagonist, and require that signs be posted disclosing the presence of such opioid antagonist, and usage directions for such opioid antagonist, in the language or languages spoken in the community in which the secure box is installed. The secure box shall not contain an amount of the opioid antagonist that is greater than the amount necessary to serve the community in which such secure box is installed. If the host agency is unable to maintain the secure box, or the supplies necessary to maintain the secure box are unavailable, such host agency shall remove such secure box, and all signs required under this subdivision concerning such secure box, as soon as practicable but in no event later than five days after such host agency discovers that such host agency is unable to maintain such secure box or the supplies necessary to maintain such secure box.
(2) A prescribing practitioner, or a pharmacist who is certified to prescribe an opioid antagonist pursuant to section 20-633c, may enter into an agreement with a host agency to operate a vending machine for the purpose of distributing an opioid antagonist for nasal administration. The vending machine shall be in a location that maintains a temperature that is at all times consistent with the manufacturer's package insert for the opioid antagonist, or have the ability to maintain an environment, independent of the external environment, that is appropriate for the opioid antagonist based on such package insert. The following shall be clearly and conspicuously displayed on the outside of the vending machine, adjacent to the vending machine or upon distribution of an opioid antagonist contained in such vending machine: (A) Information concerning the signs and symptoms of an overdose; (B) instructions for the use of the opioid antagonist; (C) information about the services that are offered in this state to treat opioid use disorder; and (D) an Internet web site address that contains, or a quick response code that directs an individual to an Internet web site that contains, information concerning the signs and symptoms of an overdose, overdose response and instructions for the use of the opioid antagonist.
(3) Nothing in subdivision (1) or (2) of this subsection shall be construed to prohibit placement of an opioid antagonist in a container that also includes an automated external defibrillator or any other product used to treat a medical emergency.
(d) A prescribing practitioner, or a pharmacist who is certified to prescribe an opioid antagonist pursuant to section 20-633c, may enter into an agreement with a syringe services program to permit the syringe services program to include an opioid antagonist in such syringe services program's secured machine. The agreement shall address the environmental controls necessary to store such opioid antagonist, establish procedures for replenishment of such opioid antagonist, establish a process for monitoring the expiration dates of such opioid antagonist and disposing of any expired opioid antagonist, and require that signs be posted disclosing the presence of such opioid antagonist, and usage directions for such opioid antagonist, in the language or languages spoken in the community in which such secured machine is installed.
(e) Nothing in this section shall be construed to prevent a secured machine from distributing a test strip intended for use by an individual prior to injection, inhalation or ingestion of a particular substance to prevent accidental overdose by injection, inhalation or ingestion of such substance.
(f) A prescribing practitioner or pharmacist who enters into an agreement pursuant to subsection (b), (c) or (d) of this section shall not be liable for damages in a civil action or subject to administrative or criminal prosecution for the administration or dispensing of an opioid antagonist by the host agency who is a party to such agreement.
(g) Each secure box shall display such signage as the department, in the department's discretion, deems necessary or appropriate for the purposes of this section and posts on the department's Internet web site.
(h) The Commissioner of Consumer Protection may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.
(P.A. 18-166, S. 3; P.A. 22-80, S. 8; P.A. 23-52, S. 12; P.A. 25-171, S. 5.)
History: P.A. 18-166 effective July 1, 2018; P.A. 22-80 amended Subsecs. (b) and (c) by adding “or local or regional board of education” and making conforming changes, effective July 1, 2022; P.A. 23-52 amended Subsec. (a) by adding Subdivs. (1) to (3) defining “commissioner”, “department” and “host agency”, respectively, redesignating existing Subdivs. (1) to (3) defining “opioid antagonist”, “prescribing practitioner” and “pharmacist”, respectively, as Subdivs. (4) to (6), and adding Subdivs. (7) to (9) defining “secure box”, “secured machine” and “syringe services program”, respectively, amended Subsec. (b) by substituting “opioid antagonist” for “naloxone” and “host agency” for “law enforcement agency, emergency medical service provider, government agency, community health organization or local or regional board of education”, added new Subsec. (c) re agreement with host agency to provide opioid antagonists, install a secure box or operate a vending machine, added new Subsec. (d) re agreement with syringe services program to include opioid antagonist in program's secured machine, added Subsec. (e) re distribution of test strips, redesignated existing Subsec. (c) as Subsec. (f) and amended same by adding references to new Subsecs. (c) and (d) and substituting “the host agency who is a party to such agreement” for “such law enforcement agency, emergency medical service provider, government agency, community health organization or local or regional board of education”, redesignated existing Subsec. (d) as Subsec. (g), and made technical and conforming changes throughout, effective June 13, 2023; P.A. 25-171 amended Subsec. (a)(7) by redefining “secure box”, added new Subsec. (g) re secure box signage and redesignated existing Subsec. (g) as Subsec. (h), effective July 8, 2025.
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