ISSUE

This report describes the penalties for the possession or sale of illegal drugs under Connecticut law. It also describes the penalties for the use of drug paraphernalia and related offenses. The report does not discuss collateral consequences associated with certain convictions, such as restrictions on some types of employment.

This report updates OLR Report 2013-R-0342.

CONNECTICUT DRUG POSSESSION CRIMES AND OFFENSES

It is illegal for anyone to possess or have under his or her control any controlled substance unless otherwise authorized by law (e.g., controlled substances obtained pursuant to a prescription).

PA 15-2, June Special Session replaced the prior penalty structure for drug possession crimes, which punished possession of most types of illegal drugs as felonies. The act created a new structure that punishes possession of ½ ounce or more of a cannabis-type substance (i.e., marijuana) or any amount of another illegal drug as a class A misdemeanor. A judge may suspend prosecution for a second-time offender who needs drug treatment. Subsequent offenders may still be subject to felony penalties. The act also reduced the enhanced penalty for drug possession near schools or day care centers from a two-year mandatory prison sentence to a class A misdemeanor with a required (1) prison term and (2) period of probation that includes community service.

By law, the possession of less than ½ ounce of marijuana is not a crime, but is punishable by fines (and other penalties in certain circumstances). Also, under specified conditions, the law provides protections from prosecution or other penalties related to marijuana for medical marijuana patients, their primary

caregivers, and their doctors (CGS § 21a-408 et seq.). For more information on Connecticut's medical marijuana program, see the Department of Consumer Protection's website: http://www.ct.gov/dcp/mmp.

The law generally prohibits prosecuting a person for possessing drugs solely on discovery of evidence arising from efforts to seek medical assistance for a drug overdose (see CGS § 21a-279(d), as redesignated by PA 15-2, JSS).

Table 1 shows the drug possession crimes and offenses, the authorized penalties, and the related Connecticut General Statutes citations.

Table 1: Drug Possession Crimes and Offenses

CONNECTICUT DRUG SALE CRIMES

It is illegal to manufacture, distribute, sell, prescribe, dispense, compound, transport or possess with intent to sell or dispense, offer, give, or administer to another any controlled substance, except as otherwise authorized by law. The penalty for these actions depends on a number of different factors, including the amount and type of drug, where the criminal act takes place, whether the offender is addicted to drugs, the offender's age, the buyer's age, and whether the criminal act was a first or repeat offense.

There are mandatory minimum prison terms for several crimes involving drug sales or related actions, although a judge can depart from the mandatory minimum for some such crimes under certain circumstances. The penalties are generally enhanced when the crimes occur within 1,500 feet of a school, licensed day care center, or public housing project.

Table 2 shows the drug sale crimes, authorized penalties, and related Connecticut General Statutes citations.

Table 2: Drug Sale Crimes

* Judges may impose less than the mandatory minimum sentence when no one was hurt during the crime and the defendant (1) did not use or attempt or threaten to use physical force; (2) was unarmed; and (3) did not threaten to use or suggest that he or she had a firearm, other deadly weapon (e.g., a switchblade knife), or other instrument that could cause death or serious injury. Defendants must show good cause and can invoke these provisions only once. Judges must state at sentencing hearings their reasons for (1) imposing the sentence and (2) departing from the mandatory minimum (CGS § 21a-283a).

CONNECTICUT DRUG PARAPHERNALIA CRIMES AND OFFENSES

It is illegal for anyone to use or possess with intent to use drug paraphernalia for various drug-related purposes (e.g., growing, preparing, ingesting, or inhaling controlled substances). It is also illegal to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used for the same purposes. These actions are generally subject to criminal misdemeanor penalties, with enhanced penalties if the crimes occur near a school by someone who is not a student there. If these actions are done in connection with less than ½ ounce of marijuana, they are punishable as infractions, not crimes.

As with drug possession, the law generally prohibits prosecuting a person for using or possessing drug paraphernalia solely on discovery of evidence arising from efforts to seek medical assistance for a drug overdose (see CGS § 21a-267(e)).

The law also prohibits the knowing possession of drug paraphernalia in a drug factory situation for the unlawful mixing, compounding, or otherwise preparing of any amount of a controlled substance for purposes of violating drug laws. This is a felony, and there is a mandatory minimum prison term if a minor is hired or otherwise used to commit the offense.

The law's definition of “drug paraphernalia” lists several specific examples (see CGS § 21a-240(20)(A)). The law also sets out factors courts or other authorities must consider when determining whether an object or material is drug paraphernalia (see CGS § 21a-270).

Table 3 shows the drug paraphernalia crimes and offenses, the authorized penalties, and the related Connecticut General Statutes citations.

Table 3: Drug Paraphernalia Crimes and Offenses

* Judges may impose less than the mandatory minimum sentence under the same circumstances as described above for certain drug sale offenses (see the footnote under Table 2).

JO:bs