[HISTORY: Adopted by the Town of Ridgefield 9-7-2022. Amendments noted
where applicable.]
This chapter is adopted pursuant to Connecticut General Statutes § 7-148(c)(7)(A)(ii), § 7- 148(c)(7)(H)(ii), and § 7-148(c)(10)(A), as amended from time to time, which allow municipalities to regulate and/or prohibit buildings, trades, manufacture, businesses, professions, and activities that are deemed detrimental to the safety, health, morals, and general welfare of the inhabitants of the municipality. Furthermore, "[a]ny municipality may, by amendment to such municipality's zoning regulations or by local ordinance . . . prohibit the establishment of a cannabis establishment," as provided in Connecticut General Statutes § 21a-422f(b) and any regulation adopted thereunder, as amended from time to time. Under said provisions, the Town of Ridgefield may prohibit cannabis establishments and commercial cultivation, as defined in § 356-3 herein, by enacting this chapter.
The intent of this chapter is to prohibit the establishment,
installation, creation, operation, or use of cannabis establishments
in the Town of Ridgefield. It is also intended to prohibit commercial
cultivation, whether associated with recreational use, palliative
use, or any other use associated therewith, in the Town of Ridgefield.
The primary purpose of this chapter is to secure and promote the health,
safety, morals, and general welfare of the Town of Ridgefield by restricting
the adverse impacts of the cannabis industry and preserving the Town
of Ridgefield's quality of life.
As used in this chapter, the following terms shall have the
meanings indicated:
All parts of any plant, or species of the genus cannabis
or any infra specific taxon thereof, whether growing or not; the seeds
thereof; the resin extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture, or preparation of
such plant, its seeds or resin. This term shall not include the mature
stalks of such plant, fiber produced from such stalks, oil, or cake
made from the seeds of such plant, any other compound, manufacture,
salt, derivative, mixture or preparation of such mature stalks, except
the resin extracted therefrom, fiber, oil, or cake, the sterilized
seed of such plant which is incapable of germination, or hemp, as
defined in 7 U.S.C. § 1639o(1), as amended from time to
time. Included are cannabinon, cannabinol, or cannabidiol and chemical
compounds which are similar to cannabinon, cannabinol, or cannabidiol
in chemical structure or which are similar thereto in physiological
effect, and which show a like potential for abuse, which are controlled
substances under this chapter unless derived from hemp.
Any producer, dispensary facility, cultivator, micro-cultivator,
retailer, hybrid retailer, food and beverage manufacturer, product
manufacturer, product packager, delivery service, or transporter,
as defined herein.
An individual who is 21 years of age or older.
The planting, propagating, cultivating, growing, or harvesting
of cannabis.
A person that is licensed to engage in cultivation at a cannabis
establishment of not less than 15,000 square feet of grow space.
A person that is licensed to deliver cannabis from: i) micro-cultivators,
retailers, and hybrid retailers to consumers and research program
subjects; ii) hybrid retailers and dispensary facilities to qualifying
patients, caregivers and research program subjects, as defined in
§ 21a-408 of the Connecticut General Statutes and any regulations
adopted thereunder, as amended from time to time, or to hospices or
other inpatient care facilities licensed by the Department of Public
Health pursuant to Chapter 368v of the Connecticut General Statutes[1] that have a protocol for the handling and distribution
of cannabis that has been approved by the Department of Consumer Protection,
or a combination thereof.
A place of business where cannabis may be dispensed, sold,
or distributed in accordance with Connecticut General Statutes Chapter
420f[2] and any regulations adopted thereunder, as amended from
time to time, to qualifying patients and caregivers, and to which
the Department of Consumer Protection has issued a dispensary facility
license under Connecticut General Statutes Chapter 420f and any regulations
adopted thereunder, as amended from time to time.
A person that is licensed to own and operate a place of business
that acquires cannabis and creates food and beverages therefrom.
Shall have the same meaning as provided in 7 U.S.C. § 1639o(1),
as amended from time to time.
A person that is licensed to purchase cannabis and sell cannabis
and medical marijuana products for recreational use and palliative
use.
Cannabis that may be exclusively sold to qualifying patients
and caregivers by dispensary facilities and hybrid retailers and which
are designated by the Commissioner of Consumer Protection, or any
designee thereof, as reserved for sale to qualifying patients and
caregivers and published on the Department of Consumer Protection's
website.
A person licensed to engage in cultivation at a cannabis
establishment not containing less than 2,000 square feet and not more
than 10,000 square feet of grow space, prior to any expansion authorized
by the Commissioner of Consumer Protection.
The acquisition, distribution, transfer, possession, use
or transportation of cannabis or paraphernalia relating to cannabis,
including the transfer of cannabis and paraphernalia relating to cannabis
from the patient's primary caregiver to the qualifying patient,
to alleviate a qualifying patient's symptoms of a debilitating
medical condition or the effects of such symptoms, but does not include
any such use of cannabis by any person other than the qualifying patient.
A person that is licensed as a producer pursuant to Connecticut
General Statutes § 21a-408i and any regulations adopted
thereunder, as amended from time to time.
A person that is licensed to obtain cannabis, extract, and
manufacture products exclusive to such license types.
A person that is licensed to package and label cannabis.
Any use that is not palliative use.
A person, excluding a dispensary facility and hybrid retailer,
that is licensed to purchase cannabis from producers, cultivators,
micro-cultivators, product manufacturers, and food and beverage manufacturers
and to sell cannabis to consumers and research programs.
A person licensed to transport cannabis between cannabis
establishments, laboratories, and research programs.
It shall be unlawful for any building, structure, or land anywhere within the Town of Ridgefield to be established, installed, created, operated, or otherwise used as a cannabis establishment, unless expressly excepted in § 356-7 herein. This prohibition shall apply to all cannabis establishments, whether established, installed, created, operated, or otherwise used for recreational use, palliative use, or any other use associated therewith.
It shall be unlawful to commercially cultivate or dispense cannabis in any building, structure, or land anywhere within the Town of Ridgefield, unless expressly excepted in § 356-7 herein.
No application for any cannabis establishment shall be permitted in any zone within the Town of Ridgefield, unless expressly excepted in § 356-7 herein.
A.
Delivery. Pursuant to Connecticut General Statutes § 21a-422g(b)
and any regulations adopted thereunder, as amended from time to time,
the Town of Ridgefield shall not prohibit the delivery of cannabis
to a Consumer, qualifying patient, or caregiver when the delivery
is made by a retailer, hybrid retailer, dispensary facility, delivery
service, micro-cultivator, or any other person authorized to make
such delivery under the Connecticut General Statutes.
B.
Hemp. Nothing in this chapter shall prohibit any entirely lawful
cultivation, processing, manufacturing, or retail of hemp or products
thereof, by any 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, manufacturing, or retail must comply
with state law. Failure to comply with any state law concerning the
cultivation, processing, manufacturing, or retail of hemp or products
thereof shall void the application of this exception to such person
or entity in violation.
C.
Cultivation for personal use. Pursuant to Section 162 of Public Act
No. 21-1 (June 2021 Special Session), as amended from time to time,
any consumer may Cultivate up to three mature cannabis plants and
three immature cannabis plants in the consumer's primary residence,
provided such plants are secure from access by any individual other
than the consumer and no more than 12 cannabis plants may be grown
at any given time per household.
The First Selectman, Planning and Zoning Commission, and/or
the Zoning Enforcement Officer shall have authority to enforce this
chapter. This chapter may be enforced through injunction, action for
abatement, or any other appropriate civil remedy.
Any provision of this chapter held to be invalid for any reason
shall not serve to invalidate the remaining unaffected provisions
hereof. No provision of this chapter shall serve to validate any activity
otherwise prohibited by state or local law or lawfully enacted zoning
regulation.
This chapter shall become effective upon affirmative vote by
a Town Meeting.
