February 25, 2004		2004-R-0264
DECRIMINALIZATION OF MARIJUANA
By: Sandra Norman-Eady, Chief Attorney

You asked if legislation has been introduced in recent years to decriminalize the use or possession of marijuana.

LEGISLATION TO DECRIMINALIZE MARIJUANA POSSESSION

Two bills were proposed in 2003 that would have totally decriminalized possession of less than four ounces of marijuana. PB 5260 would have made possession punishable by a fine of $ 150 for a first offense and an additional $ 100 for each subsequent violation. PB 356 would have made possession an infraction, instead of a crime. Infractions are punishable by fines, usually set by Superior Court judges, of between $ 35 and $ 90, plus an additional fee based on the amount of the fine and a $ 20 or $ 35 surcharge. Neither bill was raised.

Additionally, bills have been raised during the last three sessions that would have allowed for the medical use of marijuana. HB 5100, raised in 2003, and HB 5055, raised in 2002, would have allowed patients and their primary caregivers to acquire and grow, and the patient to use, marijuana for treatment if the patient’s doctor certified that he had a debilitating condition that would be helped more than harmed by its use. SB 173 raised in 2001 would have required a study of ways to distribute prescription marijuana to patients. HB 5100 died in the House, HB 5055 died in the Judiciary Committee, and SB 173 died in the Education Committee. The Judiciary Committee has raised a bill (HB 5355) this session that is very similar to the ones raised in 2003 and 2002.

Lastly, a bill (HB 6687) to reduce prison overcrowding was raised last year that would have allowed courts to depart from mandatory minimum penalties in cases, including certain crimes involving marijuana use or possession, that did not involve use, or attempted or threatened use of harm. The bill died on the House calendar. The Judiciary Committee has raised a similar bill (SB 297) this session.

PENALTIES FOR MARIJUANA POSSESSION

Table 1 shows the penalties for simple possession. Possession with intent to distribute is a separate offense and carries a stiffer penalty.

Table 1: Simple Possession Crimes And Penalties

Description of Offense	Authorized Penalties
Possession of at least 4 oz. of marijuana Cite: CGS § 21a-279(b)	First offense: up to 5-year jail term, up to a $ 2,000 fine Subsequent offenses: up to 10-year jail term, up to a $ 5,000 fine *Alternative sentence: up to 3-year indeterminate jail term with conditional release by correction commissioner
Possession of less than 4 oz. of marijuana Cite: CGS § 21a-279(c)	First offense: up to 1-year jail term, up to a $ 1,000 fine Subsequent offenses: up to 5-year jail term, up to a $ 3,000 fine
Possession of marijuana within 1,500 feet of (1) an elementary or secondary school by someone who is not attending the school or (2) a licensed day care center Cite: CGS § 21a-279(d)	Mandatory 2-year jail sentence running consecutively to jail term imposed for violating other drug possession laws

MEDICAL MARIJUANA LAW

Currently, Connecticut law allows physicians to possess and supply marijuana to treat patients who have glaucoma or who are experiencing side effects from chemotherapy. But they may do so only if they have first received a license from the Department of Consumer Protection. The law explicitly allows people suffering from glaucoma or the side effects of chemotherapy to possess marijuana prescribed and supplied by a physician for that purpose. But they may only possess an amount equal to or less than the amount supplied to them by their physician (CGS §§ 21a-246 and 21a-253). The law does not allow a patient to grow his own marijuana.

The law was enacted in 1981 (PA 81-440). But no physician has ever asked to be licensed under this statute; thus, marijuana has never been prescribed for a patient under this law.

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