Section 21a-408-54 - Operation of production facility(a) Only a producer shall own and operate a production facility(b) A producer shall not: (1) Produce or manufacture marijuana in any place except its approved production facility;(2) Sell, deliver, transport or distribute marijuana from any place except its approved production facility;(3) Produce or manufacture marijuana for use outside of Connecticut;(4) Sell, deliver, transport or distribute marijuana to any place except a dispensary facility, laboratory or approved research program located in Connecticut;(5) Enter into an exclusive agreement with any dispensary facility;(6) Refuse to deal with any dispensary facility that is willing to deal with such producer on the same terms and conditions as other dispensary facilities with whom the producer is dealing; or(7) Either directly or indirectly discriminate in price between different dispensary facilities that are purchasing a like, grade, strain, brand, and quality of marijuana or marijuana product, provided nothing in this subdivision shall prevent differentials which only make due allowance for differences in the cost of manufacture, sale or delivery resulting from the differing methods or quantities in which such marijuana or marijuana products are sold or delivered to such dispensary facilities.(c) A producer license shall permit the licensee to operate at a single production facility location. Prior to operating a production facility at a different location, a producer shall obtain an additional producer license in accordance with the producer license selection and application process set forth in sections 21a-408-20 and 21a-408-21 of the Regulations of Connecticut State Agencies, except that if the maximum number of producer licenses allowed under the Act have been issued, the commissioner may permit additional production facilities to be operated by a currently licensed producer.(d) A producer shall establish and maintain an escrow account in a financial institution in Connecticut, obtain a letter of credit from a financial institution in Connecticut, or obtain a surety bond issued by a surety company licensed by the state of Connecticut Department of Insurance and of a capacity and rating acceptable to the commissioner, upon terms approved by the commissioner, in the amount of two million dollars. The money secured by the escrow account, letter of credit or surety bond shall be payable to the state of Connecticut in the event the producer fails to timely and successfully complete the construction of a production facility or to continue to operate such facility in a manner that provides an uninterrupted supply of marijuana or marijuana products to its usual dispensary facility customers during the term of the license. The commissioner may reduce or eliminate the escrow account, letter of credit or surety bond in accordance with the terms set forth in section 21a-408-30 of the Regulations of Connecticut State Agencies.Conn. Agencies Regs. § 21a-408-54
Effective September 6, 2013; amended 8/28/2018