[HISTORY: Adopted by the Board of Selectmen of the Town of
Simsbury as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-27-2023]
This article is adopted pursuant to Connecticut General Statutes
Sections 7-148(c)(7)(A)(ii), 7-148(c)(7)(H), and 7-148 (c)(10)(A),
as amended by Public Act No. 21-1, Section 148 (June 2021 Special
Session), which allows municipalities to regulate activities deemed
harmful to public health. Said law permits municipalities to prohibit
cannabis establishments within their jurisdictions by identifying
such uses as a prohibited use in their respective local zoning regulations
or land use ordinances. Section 148(b) of such law provides, in relevant
part, "[a]ny municipality may, by amendment to such municipality's
zoning regulations or by local ordinance, prohibit the establishment
of a cannabis establishment."
The following definitions shall apply to this article:
Any employees or designees of the Town as designated by the
Town Manager to enforce this article.
Any number of companies or individuals that are involved
in the distribution of cannabis by way of delivery. This could be
either mail-order delivery, or hand delivery.
Regulated locations in which a person can purchase cannabis
and cannabis-related items for medical or recreational use.
A producer, dispensary facility, cultivator, micro-cultivator,
retailer, hybrid retailer (i.e., licensed to sell both recreational
cannabis and medical marijuana) of products containing cannabis; or
a manufacturer, packager, delivery service, or transporter of products
containing cannabis, including cannabis-infused food and beverage
products.
An individual or business that produces cannabis-infused
foods and beverages.
An individual or business that sells, supplies, or offers
cannabis recreational and medical products for sale directly to consumers.
An individual or business that produces cannabis flowers
in a limited-sized grow space.
An individual or business that possesses a state or municipal
license to grow, harvest, dry, trim, cure and package cannabis.
An individual or business that participates in any aspect
of the cannabis extraction and infusion processes, including processing,
preparing, holding, storing, packaging, or labeling of cannabis products.
Cannabis manufacturing also includes any processing, preparing, holding,
or storing of components and ingredients.
An individual or business that focuses on assisting the proper
and accurate packaging of cannabis products into pre-weighed containers
and pre-rolled joints.
An individual or business that sells, supplies, or offers
recreational cannabis products for sale directly to consumers.
A.
It shall
be unlawful for any building, structure, or land anywhere within the
Town of Simsbury to be used as a cannabis retailer or cannabis hybrid
retailer. Violation of this section shall be punishable by a fine
of $250 per offense. Each day in operation or each sale, whichever
is greater, shall constitute a separate offense.
B.
The prohibition and fine in Subsection A shall not apply to any fully lawful cultivation, processing, manufacturing, or sale of hemp and hemp products by an individual or entity, including, as applicable, licensure and authorization to engage in such activity by the Connecticut Department of Agriculture or the Connecticut Department of Consumer Protection. Such cultivation, processing, or manufacturing must comply with state law. Failure to comply with any state law regulating the cultivation, processing, and manufacturing of hemp or hemp products shall void the application of this exception to such person or entity in violation.
A.
Whenever
the authorized enforcement agency determines that a person has violated
this article, the authorized enforcement agency is authorized to issue
a fine to the violator in the amount of $250 for each offense. Any
violation continued more than one day shall constitute a separate
offense for each day such violation continues.
B.
After two
or more violations of this article have been cited to any person,
the Town may initiate a civil action in Superior Court for injunctive
relief to prohibit and prevent such violation or violations and the
court may proceed in the action in a summary matter.
Any person receiving a fine may appeal the determination of
the authorized enforcement agency. The notice of appeal must be received
in writing and filed with the Town Clerk's Office within 10 business
days from receipt of the notice of the fine. The appeal shall be deemed
received by the Town on the first business day following the day it
is filed with and received by the Town Clerk's Office. Hearing on
the appeal before the Hearing Officer shall take place within 30 business
days from the date of receipt of the notice of appeal. The decision
of the Hearing Officer may be appealed to Superior Court.
Should any provision of this article be declared invalid for
any reason, such declaration shall not affect the validity of other
provisions of this article as a whole, it being the legislative intent
that the provisions of this article shall be severable and that the
remainder shall be valid.
This article shall expire 18 months from its adoption, unless
extended by action of the Board of Selectmen.
Pursuant to Section 148 of Public Act No. 21-1 (June 2021 Special
Session), the Town Manager shall report the land use changes made
by this article, in writing, to the Secretary of the Office of Policy
and Management and to the Connecticut Department of Consumer Protection
not later than 14 days after the adoption of this article.
[Adopted 11-13-2023]
The purpose of this article is to protect the health and safety
of all individuals who use public property. This article prohibits
the use of cannabis products on all public property owned and/or controlled
by the Town of Simsbury, including sidewalks, trails, parks, playgrounds,
and government buildings.
This article applies to all public property owned or operated
by the Town of Simsbury. This includes all property that is open to
the public such as sidewalks, trails, parks, playgrounds, and government
buildings.
As used in this article, the following terms shall have the
meanings indicated:
The Simsbury Chief of Police and/or any sworn officer of
the Simsbury Police Department.
Any product that contains cannabis, as defined in Connecticut
General Statutes Section 21a-420(3).
It shall be unlawful for any person within the Town of Simsbury
to consume cannabis products of any kind, or to use a cannabis delivery
system or cannabis vaping product of any kind or any other form or
manner of ingestion of cannabis products on any property owned or
controlled by the Town of Simsbury.
Whenever the authorized enforcement agency determines that a
person has violated this article, the authorized enforcement agency
is authorized to issue a fine to the violator in the amount of $100
for each offense.
Any person receiving a fine may appeal the determination of
the authorized enforcement agency. The notice of appeal must be received,
in writing, and filed with the Town Clerk's office within 10
business days from receipt of the notice of the fine. The appeal shall
be deemed received by the Town on the first business day following
the day it is filed with and received by the Town Clerk's office.
Hearing on the appeal before the Hearing Officer shall take place
within 30 business days from the date of receipt of the notice of
appeal. The decision of the Hearing Officer may be appealed to Superior
Court.
Should any provision of this article be declared invalid for
any reason, such declaration shall not affect the validity of other
provisions of this chapter as a whole, it being the legislative intent
that the provisions of this article shall be severable and that the
remainder shall be valid.
