Drug offenses

Drug offenses under Connecticut law can be found in Title 21a of the Connecticut General Statutes, Consumer Protection. There are two ways to view a drug or narcotics case. They are possessory offenses or sale offenses. In cases involving possessory offenses the state must prove that the defendant was in possession of an illegal drug. There are two types of possessory offenses, simple possession and possession with intent to sell.

The most common and consistently prosecuted drug offense is simple possession of less than four ounces of marijuana in violation of Connecticut General Statute Sec. 21a-279(c). First offenders can be punished up to one year in prison and/or fined up to one thousand dollars. Subsequent offenders can be imprisoned up to five years in prison and/or fined up to three thousand dollars.

Sec. 21a-279(b) governs individuals charged with possession of more than four ounces of marijuana or any hallucinogenic substance. As a first offense you may be imprisoned up to five years in prison and/or fined up to two thousand dollars and for a subsequent offense you may be imprisoned up to ten years and/or fined up to five thousand dollars.

Sec. 21a-279(a) governs individuals charged with possession of any narcotic substance for a first offense may be imprisoned up to seven years and/or fined up to fifty thousand dollars. For a second offense a person may be imprisoned up to fifteen years and/or be fined up to one hundred thousand dollars. For any subsequent offense, may be imprisoned up to twenty five years in prison and/or fined up to two hundred fifty thousand dollars.

Any person who violates any of the above statutes in or on, or within one thousand five hundred feet of, a school or housing project shall be imprisoned for a term of two years, which shall not be suspended and shall be in addition and consecutive to any term of imprisonment for a violation of the above subsections.

Possession with intent to sell is the second type of possesory offense, but it carries with it a more significant penalty. The state must prove that the defendant possessed drugs with the intent to sell. The intent to sell can be proven by a number of ways, such as the quantity of drugs involved, the method of packaging, large amounts of cash in the defendanta^s possession, and the location of the arrest.

Sec. 21a-277(a) governs individuals charged with possession with intent to sell and sale of any controlled substance with is a hallucinogenic substance other than marijuana, or a narcotic substance, for a first offense shall be imprisoned not more than fifteen years and may be fined not more than fifty thousand dollars or be both fined and imprisoned; and for a second offense shall be imprisoned not more than thirty years and may be fined not more than one hundred thousand dollars, or be both fined and imprisoned, and for each subsequent offense, shall be imprisoned not more than thirty years and may be fined not more than two hundred fifty thousand dollars, or be both fined and imprisoned.

Sec. 21a-277(b) governs any person who sells or possesses with the intent to sell any controlled substance, except a narcotic substance, or a hallucinogenic substance other than marijuana may for a first offense be fined not more than twenty five thousand dollars or be imprisoned not more than seven years or be both fined and imprisoned; and for each subsequent offense, may be fined not more than one hundred thousand dollars or be imprisoned not more than fifteen years, or be both fined and imprisoned.

Sec. 21a-278(a) governs any person who sells or possesses with the intent to sell substances with an aggregate weight of one ounce or more of heroin, methadone or cocaine or an aggregate weight of one half gram of cocaine in a fee-base form or a substance containing five milligrams or more of lysergic acid diethylamide, except as authorized in this chapter who is not, at the time of such action, a drug dependent person, shall be imprisoned for a minimum term of not less than five years nor more than twenty years; and a maximum term of life imprisonment. The execution of the mandatory minimum sentence imposed by the provisions of this subsection shall not be suspended except the court may suspend the execution of such mandatory minimum sentence if at the time of the commission of the offense (1) such person was under the age of eighteen years or , (2) such persona^s mental capacity was significantly impaired but not so impaired as to constitute a defense to prosecution.

Sec. 21a-278(b) governs any person who sells or possesses with the intent to sell any narcotic substance, hallucinogenic substance other than marijuana, amphetamine-type substance, or one kilogram or more of a cannabis type substance except as authorized in this chapter and who is not at the time of such action a drug-dependent person, for a first offense shall be imprisoned not less than five years nor more than twenty years; and for each subsequent offense shall be imprisoned not less than ten years nor more than twenty five years. The execution of the mandatory minimum sentence imposed by the provisions of this subsection shall not be suspended except the court may suspend the execution of such mandatory minimum sentence if at the time of the commission of the offense (1) such person was under the age of eighteen years or , (2) such persona^s mental capacity was significantly impaired but not so impaired as to constitute a defense to prosecution

Sec. 21a-278a (b) governs any person who violates section 21a-277 or 21a-278 in or on, or within one thousand five hundred feet of a school. A public housing project, or a licensed child day care center. If convicted of this subsection the defendant shall be imprisoned for a term of three years, which shall not be suspended and shall be in addition and consecutive to any term of imprisonment imposed for violation of section 21a-277 or 21a-278.

There are pretrial diversionary programs available for some of these offenses.