Drug Defense

If you’ve been arrested for a drug offense in Connecticut, a conviction can have lasting consequences on your quality of life. In addition to the possibility of jail or prison, you could have anything linked to the drug crime – such as your car or house – taken away. That’s why an experienced criminal defense lawyer is critical to the success of your drug case.

The experienced criminal defense attorneys at law office of Paoletti and Gusmano are skilled at defending all drug-related crimes. We have assisted many clients arrested for charges such as

• Possession of marijuana
• Sale of marijuana
• Possession cocaine
• Sale of cocaine
• Possession of narcotic
• Sale of narcotics
• Possession of steroids
• Sale of steroids
• Possession of prescription drugs
• Sale prescription drugs

If you are charged or under investigation for a drug offense, please contact us immediately so we can provide you with an effective defense and legal counsel. What you do next can have serious consequences on the defense of your case.

Sec. 21a-266. (Formerly Sec. 19-472). Prohibited acts. (a) No person shall obtain or attempt to obtain a controlled substance or procure or attempt to procure the administration of a controlled substance (1) by fraud, deceit, misrepresentation or subterfuge, or (2) by the forgery or alteration of a prescription or of any written order, or (3) by the concealment of a material fact, or (4) by the use of a false name or the giving of a false address.

(b) Information communicated to a practitioner in an effort unlawfully to procure a controlled substance, or unlawfully to procure the administration of any such substance, shall not be deemed a privileged communication. (c) No person shall wilfully make a false statement in any prescription, order, report or record required by this part.

(d) No person shall, for the purpose of obtaining a controlled substance, falsely assume the title of, or claim to be, a manufacturer, wholesaler, pharmacist, physician, dentist, veterinarian, podiatrist or other authorized person. (e) No person shall make or utter any false or forged prescription or false or forged written order.

(f) No person shall affix any false or forged label to a package or receptacle containing controlled substances. (g) No person shall alter an otherwise valid written order or prescription except upon express authorization of the issuing practitioner.

(h) No person who, in the course of treatment, is supplied with controlled substances or a prescription therefor by one practitioner shall, knowingly, without disclosing such fact, accept during such treatment controlled substances or a prescription therefor from another practitioner with intent to obtain a quantity of controlled substances for abuse of such substances. (i) The provisions of subsections (a), (d) and (e) shall not apply to manufacturers of controlled substances, or their agents or employees, when such manufacturers or their authorized agents or employees are actually engaged in investigative activities directed toward safeguarding of the manufacturer's trademark, provided prior written approval for such investigative activities is obtained from the Commissioner of Consumer Protection.

(1967, P.A. 555, S. 28; 1972, P.A. 278, S. 18; P.A. 73-681, S. 13, 29; P.A. 99-102, S. 38; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

Sec. 21a-267. (Formerly Sec. 19-472a). Prohibited acts re drug paraphernalia (a) No person shall use or possess with intent to use drug paraphernalia, as defined in subdivision (20) of section 21a-240, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal, or to ingest, inhale or otherwise introduce into the human body, any controlled substance as defined in subdivision (9) of section 21a-240. Any person who violates any provision of this subsection shall be guilty of a class C misdemeanor.

(b) No person shall 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 to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal, or to ingest, inhale or otherwise introduce into the human body, any controlled substance. Any person who violates any provision of this subsection shall be guilty of a class A misdemeanor.

(c) Any person who violates subsection (a) or (b) of this section in or on, or within one thousand five hundred feet of, the real property comprising a public or private elementary or secondary school and who is not enrolled as a student in such school shall be imprisoned for a term of one year which shall not be suspended and shall be in addition and consecutive to any term of imprisonment imposed for violation of subsection (a) or (b) of this section.

(P.A. 80-224, S. 3; P.A. 89-256, S. 3; P.A. 90-214, S. 2, 5; P.A. 92-185, S. 3, 6; June Sp. Sess. P.A. 92-1, S. 3; P.A. 06-195, S. 16.)



Sec. 21a-268. (Formerly Sec. 19-473). Misrepresentation of substance as controlled substance. Exemption. (a) Any person who knowingly delivers or attempts to deliver a noncontrolled substance (1) upon the express representation that such substance is a controlled substance or (2) under circumstances which would lead a reasonable person to believe that such substance is a controlled substance, shall be guilty of a class D felony.

(b) The provisions of subsection (a) of this section shall not apply to any transaction in the ordinary course of business by any licensed practitioner or licensed pharmacist.

(1967, P.A. 109, S. 2; 555, S. 29; 1972, P.A. 278, S. 19; P.A. 81-199; P.A. 82-472, S. 68, 183.)



Sec. 21a-270. (Formerly Sec. 19-474a). Drug paraphernalia: Factors to be considered by court or other authority in determination. In determining whether any object or material listed in subdivision (20) of section 21a-240 shall be deemed "drug paraphernalia", a court or other authority shall, in addition to all other logically relevant factors, consider the following:

(1) Statements by an owner or by anyone in control of the object concerning its use; (2) The proximity of the object to any controlled substances; (3) The existence of any residue of controlled substances on the object; (4) Evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this section, subdivision (20) of section 21a-240, and sections 21a-263, 21a-267 and 21a-271;

(5) Instructions, oral or written, provided with the object concerning its use with a controlled substance; (6) Descriptive materials accompanying the object which explain or depict its use with a controlled substance; (7) National and local advertising concerning its use; (8) The manner in which the object is displayed for sale; (9) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; (10) Evidence of the ratio of sales of the object to the total sales of the business enterprise;

(11) The existence and scope of legitimate uses for the object in the community; (12) Expert testimony concerning its use.

(P.A. 80-224, S. 2; P.A. 84-233.)

Sec. 21a-277. (Formerly Sec. 19-480). Penalty for illegal manufacture, distribution, sale, prescription, dispensing. (a) Any person who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with the intent to sell or dispense, possesses with the intent to sell or dispense, offers, gives or administers to another person any controlled substance which is a hallucinogenic substance other than marijuana, or a narcotic substance, except as authorized in this chapter, 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.

(b) Any person who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with intent to sell or dispense, possesses with intent to sell or dispense, offers, gives or administers to another person any controlled substance, except a narcotic substance, or a hallucinogenic substance other than marijuana, except as authorized in this chapter, may, for the 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.

(c) No person shall knowingly possess drug paraphernalia in a drug factory situation as defined by subdivision (20) of section 21a-240 for the unlawful mixing, compounding or otherwise preparing any controlled substance for purposes of violation of this chapter. (d) As an alternative to the sentences specified in subsections (a) and (b) of this section, the court may sentence the person to the custody of the Commissioner of Correction for an indeterminate term not to exceed three years or the maximum term specified for the offense, whichever is the lesser, and, at any time within such indeterminate term and without regard to any other provision of law regarding minimum term of confinement, the Commissioner of Correction may release the convicted person so sentenced subject to such conditions as he may impose including, but not limited to, supervision by suitable authority. At any time during such indeterminate term, the Commissioner of Correction may revoke any such conditional release in his discretion for violation of the conditions imposed and return the convicted person to a correctional institution.

(1967, P.A. 555, S. 36; 1969, P.A. 753, S. 18; 1972, P.A. 278, S. 24; P.A. 73-681, S. 26, 29; P.A. 74-332, S. 2, 6; P.A. 75-567, S. 65, 80; P.A. 84-170; P.A. 85-613, S. 61, 154; P.A. 87-373, S. 4.)



Annotations to former section 19-265:
Conviction prior to effective date of section may be treated as previous offense. Statute does not operate ex post facto. 144 C. 295. Where part A of an indictment charged the defendant with a violation of this chapter and part B that he was a third offender, jury hearing part A could not know of part B. 147 C. 22. Statute is ambiguous as to whether the imposition of both a fine and imprisonment is mandatory, but held that defendant is not in a position to complain since the penalty imposed upon him was imprisonment alone. 148 C. 57. A person who has the drug in his possession or under his control for any purpose other than a lawful one as described in the uniform act is guilty of a crime and subject to punishment under this section. Self-administration and crime and subject to punishment under this section. Self-administration and addiction are violations which are separate and distinct from possession and control, although one could hardly administer to himself without having control. Dissent, under majority's interpretation every case of self-administration could be prosecuted as one of possession and receive the heavier penalty. This was not the intent of the legislature. Jury should have been instructed to indicate in their verdict whether possession was for self-administration or possession for sale. 150 C. 1.

Cited. 22 CS 9, 268, 269. Cited. 23 CS 19, 81, 480. Cited. 24 CS 145. Minimum sentence of less than five years cannot be ordered under this statute. 27 CS 380.

Annotations to former section 19-246:
Search of vehicle and person of defendant without warrant permissible when he was arrested on speedy information that he was carrying narcotics and was armed. 157 C. 114. Entrapment is question of fact for jury and, where defendant was for many years engaged in selling narcotics, had sold some shortly before selling to narcotics agent that evening and was a ten-year narcotics user, jury verdict should not be set aside. Id., 133. Where defendant driver of a stolen car had been arrested and the car seized as fruit of a crime, drugs found on a warrantless custodial search of the car were properly received in evidence. 159 C. 201. Motion to set aside verdict properly denied where trial judge had properly instructed jury on issue of entrapment and evidence was sufficient to support the jury's verdict. Id., 296.

Cited. 6 Conn. Cir. Ct. 166.

Annotations to former section 19-480:
Drug possession not lesser included offense, when. 163 C. 62. Cited. Id., 105, 242. Cited. 204 C. 585.

Cited. 3 CA 339.

Section's intention was to prohibit the sale of marijuana. 31 CS 130. Classification of marijuana with dangerous psychoactive drugs, amphetamines and barbiturates, is irrational, unreasonable and in violation of equal protection clauses of state and federal constitutions. 32 CS 324.

Subsec. (a):
Conclusions reached by trial court as to impartiality of jurors are tested by the findings. Defendant must raise a contention of bias from the realm of speculation to the realm of fact "to rebut the finding". 161 C. 526. Venireman who was former police officer properly not excused for cause. 164 C. 224. Cited. 165 C. 83; Id., 599. Cited. 166 C. 268; Id., 569. Cited. 168 C. 395; Id., 520. Cited. 169 C. 322. Cited. 172 C. 18; Id., 593. Cited. 169 C. 692. Cited. 170 C. 12; Id., 206; Id., 469. Cited. 171 C. 18; Id., 600. Cited. 172 C. 223; Id., 385. Cited. 173 C. 197; Id., 344; Id., 431. Cited. 174 C. 405. Cited. 176 C. 170. Cited. 177 C. 391. Cited. 178 C. 422; Id., 704. Cited. 179 C. 121; Id., 239. Cited. 182 C. 335. Cited. 186 C. 437. Cited. 187 C. 335; Id., 469. Cited. 192 C. 388; Id., 488. Cited. 194 C. 1; Id., 331. Cited. 195 C. 70. Cited. 197 C. 67. Cited. 199 C. 591. Cited. 200 C. 82; Id., 412. Cited. 201 C. 505. Cited. 202 C. 541.

Cited. 3 CA 400. Cited. 5 CA 207. Cited. 6 CA 546. Cited. 7 CA 354; Id., 403. Cited. 8 CA 63; judgment reversed, see 204 C. 585; Id., 248.

Cited. 29 CS 134; Id., 333. Cited. 30 CS 211. Narcotic substance includes cocaine. Id., 267.

Cited. 6 Conn. Cir. Ct. 574.

Subsec. (b):
Cited. 166 C. 126. Cross-examination of defendant on his knowledge of the drug he was charged with selling is proper when the matter was opened by questions on direct examination. 167 C. 379. Cited. 169 C. 416. Classification of marijuana, for penalty purposes, with substances generally considered more harmful is not so irrational and unreasonable as to violate equal protection clauses of U.S. and Connecticut constitutions. 171 C. 600. Cited. 179 C. 522. Factual basis for defendant's guilty plea insufficient since it did not reveal either the element of possession or the element of intent to sell or dispense. 180 C. 702. Cited. 181 C. 562. Cited. 186 C. 437. Cited. 194 C. 18. Cited. 202 C. 541.

Cited. 5 CA 207. Cited. 6 CA 546.

Evidence must show a relation between the amount of drugs and the prohibition of the statute. 6 Conn. Cir. Ct. 565, 571.

Subsec. (c):
Cited. 7 CA 477.

Annotations to present section:
Cited. 206 C. 90. Cited. 211 C. 258. Cited. 212 C. 195. Cited. 220 C. 6. Cited. 224 C. 253; Id., 322. Cited. 225 C. 650. Cited. 227 C. 32. Cited. 229 C. 385. Cited. 233 C. 174. Cited. 235 C. 477. Cited. 238 C. 692.

Cited. 7 CA 660. Cited. 22 CA 567. Cited. 23 CA 571. Cited. 25 CA 21; Id., 318. Cited. 26 CA 779. Cited. 27 CA 596. Cited. 28 CA 34; Id., 126. Cited. 32 CA 724. Cited. 33 CA 432. Cited. 34 CA 166; Id., 595. Cited. 38 CA 815. Cited. 42 CA 640. Cited. 45 CA 282. Cited. 46 CA 321.

Subsec. (a):
Cited. 197 C. 644. Cited. 199 C. 354. Cited. 204 C. 156. Cited. 206 C. 81. Cited. 207 C. 35. Cited. 209 C. 1; Id., 98; Id., 423. Cited. 210 C. 480. Cited. 212 C. 485. Cited. 216 C. 185; Id., 402. Cited. 218 C. 239. Cited. 220 C. 38. Cited. 221 C. 595. Cited. 224 C. 347; Id., 593; Id., 627. Cited. 227 C. 456. Cited. 228 C. 59; Id., 281. Cited. 235 C. 405; Id., 539. Cited. 236 C. 216. Cited. 237 C. 81. Cited. 238 C. 380. Cited. 240 C. 799.

Cited. 7 CA 265. Cited. 8 CA 317; Id., 330; Id., 361. Cited. 9 CA 667. Cited. 10 CA 7; Id., 532. Cited. 11 CA 11; Id., 47; Id., 540; judgment reversed, see 209 C. 1. Cited. 12 CA 225; Id., 274; Id., 313. Cited. 13 CA 288. Cited. 14 CA 134; Id., 356; Id., 536; Id., 574; Id., 605. Cited. 15 CA 328; Id., 589. Cited. 16 CA 89; Id., 142; Id., 148; Id., 245; Id., 272; Id., 518. Cited. 17 CA 108; Id., 142; Id., 257; Id., 273; Id., 677. Cited. 18 CA 32; Id., 820. Cited. 19 CA 640; Id., 668. Cited. 20 CA 137; Id., 190; Id., 395. Cited. 21 CA 48; Id., 162; Id., 519; Id., 622. Cited. 22 CA 458; Id., 557; Id., 601. Cited. 23 CA 495; Id., 532; Id., 592; Id., 602; Id., 667; Id., 746; judgment reversed, see 221 C. 595; Id., 823. Cited. 24 CA 543; Id., 811. Cited. 25 CA 3; Id., 99; Id., 354. Cited. 26 CA 94; Id., 103; Id., 259. Cited. 27 CA 128; Id., 248. Cited. 28 CA 508; Id., 638. Cited. 29 CA 359; Id., 584; Id., 843. Cited. 30 CA 9; Id., 783. Cited. 31 CA 548. Cited. 33 CA 253; Id., 409. Cited. 34 CA 236; Id., 411; Id., 717; see 37 CA 509. Cited. 35 CA 107; Id., 360. Cited. 36 CA 161; Id., 488; Id., 546. Cited. 37 CA 205; Id., 509; Id., 561; judgment reversed, see 236 C. 216. Cited. 38 CA 588; Id., 621. Cited. 39 CA 110; Id., 369; Id., 550. Cited. 40 CA 288. Cited. 41 CA 180; Id., 604. Cited. 43 CA 448; Id., 555. Cited. 45 CA 110. Cited. 46 CA 791. Time not an essential element of the crime but may become material if defendant raises an alibi defense. 49 CA 323. Conviction for both possession and sale of narcotics does not violate prohibition against double jeopardy. 53 CA 661. Section is a lesser included offense of Sec. 21a-278(b), and where two convictions arose out of same act or transaction and were substantially identical, multiple punishments were improper. 60 CA 534. Defendant's conviction for sale of narcotic substance vacated where there was no evidence presented to support finding that the substance transferred was crack cocaine. 64 CA 596. There was sufficient evidence to prove beyond a reasonable doubt that defendant knowingly entered into conspiracy to possess a narcotic substance with intent to sell. 75 CA 223. Conviction of both possession of at least one-half gram of crack cocaine with intent to sell under Sec. 21a-278 and possession of powder cocaine with intent to sell under this section does not constitute double jeopardy. Id. The quantity of drugs is not sole dispositive factor in determining whether defendant had intent to sell; rather, intent is determined from the cumulative weight of circumstantial evidence and reasonable and logical inferences derived therefrom. 78 CA 659.

Sec. 21a-278. (Formerly Sec. 19-480a). Penalty for illegal manufacture, distribution, sale, prescription or administration by non-drug-dependent person. (a) Any person who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with the intent to sell or dispense, possesses with the intent to sell or dispense, offers, gives or administers to another person one or more preparations, compounds, mixtures or substances containing an aggregate weight of one ounce or more of heroin or methadone or an aggregate weight of one-half ounce or more of cocaine or one-half ounce or more of cocaine in a free-base form, or a substance containing five milligrams or more of lysergic acid diethylamide, except as authorized in this chapter, and 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 or 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 person's mental capacity was significantly impaired, but not so impaired as to constitute a defense to prosecution.

(b) Any person who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with the intent to sell or dispense, possesses with the intent to sell or dispense, offers, gives or administers to another person 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 person's mental capacity was significantly impaired but not so impaired as to constitute a defense to prosecution.

(1971, P.A. 812, S. 1; 1972, P.A. 278, S. 25; P.A. 73-137, S. 10; P.A. 74-332, S. 1, 6; P.A. 87-373, S. 2; P.A. 01-195, S. 92, 181; P.A. 05-248, S. 8; P.A. 06-196, S. 254.)



See Sec. 21a-283a re authority of court to depart from prescribed mandatory minimum sentence.

Annotations to former section 19-480a:
Cited. 166 C. 439; Id., 620. This statute on its face does not violate the constitutional prohibition against cruel and unusual punishment. 167 C. 328. Cited. 172 C. 16. Cited. 182 C. 142. Cited. 186 C. 26. Cited. 191 C. 360. Cited. 192 C. 383. Cited. 194 C. 589. Cited. 199 C. 359. Cited. 201 C. 605. Cited. 204 C. 377.

Subsec. (a):
Order directing defendant to submit to drug dependency examination is interlocutory and not appealable until conviction and final judgment. 180 C. 290. Cited. 194 C. 612. Cited. 197 C. 67. Cited. 200 C. 412.

Subsec. (b):
Cited. 179 C. 239; Id., 522. Question of burden of drug dependency is one of first impression; held: That proof of drug dependency constitutes an exemption under Sec. 19-474 and that burden of producing some substantial evidence of drug dependency rests initially on defendant. 182 C. 142. Cited. 187 C. 469. Cited. 188 C. 183. Cited. 197 C. 67.

Annotations to present section:
Cited. 191 C. 360. Cited. 192 C. 383. Cited. 194 C. 589. Cited. 204 C. 377. Cited. 212 C. 195. Cited. 221 C. 595. Cited. 224 C. 322. Cited. 227 C. 32. Cited. 231 C. 514; Id., 941. Cited. 235 C. 477; Id., 487.

Cited. 9 CA 686. Cited. 13 CA 69. Cited. 19 CA 195. Cited. 26 CA 779. Cited. 27 CA 713. Cited. 32 CA 724. Cited. 35 CA 609. Cited. 36 CA 488; Id., 631. Cited. 41 CA 604. Cited. 42 CA 640. Defendant could not be convicted on one set of facts of both possession of narcotics by a person who is not drug-dependent and simple possession of narcotics and court ordered one sentence vacated. 60 CA 436.

Subsec. (a):
Cited. 200 C. 412. Cited. 211 C. 258. Institution of definite sentencing scheme for any felony under Sec. 53a-35a implicitly repealed indeterminate sentencing aspect of this section. 214 C. 378. Cited in error as Sec. 21-278(a). 227 C. 32. Cited. 237 C. 81. Cited. 239 C. 427.

Cited. 10 CA 561. Cited. 11 CA 47. Cited. 15 CA 161. Cited. 16 CA 518. Cited. 18 CA 104. Cited. 30 CA 783. Cited. 45 CA 110. Design and effect of statute discussed, conviction for both possession and sale of narcotics does not violate prohibition against double jeopardy. 53 CA 661. Conviction of both possession of at least one-half gram of crack cocaine with intent to sell under this section and possession of powder cocaine with intent to sell under Sec. 21a-277 does not constitute double jeopardy. 75 CA 223. Evidence was sufficient to support conviction of possession with intent to sell. Id.

Sec. 21a-278a. Penalty for illegal manufacture, distribution, sale, prescription or administration. (a) Any person eighteen years of age or older who violates section 21a-277 or 21a-278, and who is not, at the time of such action, a drug-dependent person, by distributing, selling, prescribing, dispensing, offering, giving or administering any controlled substance to another person who is under eighteen years of age and is at least two years younger than such person who is in violation of section 21a-277 or 21a-278, 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 imposed for violation of section 21a-277 or 21a-278.

(b) Any person who violates section 21a-277 or 21a-278 by manufacturing, distributing, selling, prescribing, dispensing, compounding, transporting with the intent to sell or dispense, possessing with the intent to sell or dispense, offering, giving or administering to another person any controlled substance in or on, or within one thousand five hundred feet of, the real property comprising a public or private elementary or secondary school, a public housing project or a licensed child day care center, as defined in section 19a-77, that is identified as a child day care center by a sign posted in a conspicuous place 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. To constitute a violation of this subsection, an act of transporting or possessing a controlled substance shall be with intent to sell or dispense in or on, or within one thousand five hundred feet of, the real property comprising a public or private elementary or secondary school, a public housing project or a licensed child day care center, as defined in section 19a-77, that is identified as a child day care center by a sign posted in a conspicuous place. For the purposes of this subsection, "public housing project" means dwelling accommodations operated as a state or federally subsidized multifamily housing project by a housing authority, nonprofit corporation or municipal developer, as defined in section 8-39, pursuant to chapter 128 or by the Connecticut Housing Authority pursuant to chapter 129.

(c) Any person who employs, hires, uses, persuades, induces, entices or coerces a person under eighteen years of age to violate section 21a-277 or 21a-278 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.

(P.A. 87-373, S. 3; P.A. 89-256, S. 1; P.A. 92-82; P.A. 94-233, S. 1.)



See Sec. 21a-283a re authority of court to depart from prescribed mandatory minimum sentence.

Cited. 32 CA 724. Cited. 35 CA 609. Evidence that was sufficient to prove violation of Sec. 21a-278 was, in this case, sufficient to prove violation of this section. 85 CA 575.

Subsec. (a):
Cited. 20 CA 694.

Subsec. (b):
Cited. 231 C. 941. Cited. 235 C. 477. Cited. 239 C. 427. Cited. 241 C. 650.

Cited. 38 CA 621. Cited. 42 CA 500; Id., 537; judgment reversed, see 241 C. 650; Id., 640. Cited. 43 CA 339. Is a separate substantive offense from Sec. 21a-278(b). 58 CA 592. Legislature intended possession with intent to sell within 1500 feet of school and sale within 1500 feet of school to be separate crimes. 66 CA 118. Evidence presented, i.e. testimony of expert witness that distance between school and boundary line of property on which the sale of narcotics took place was 1430 feet and a photograph of the property with the point of sale indicated, was sufficient to support jury's finding that sale of narcotics was within 1500 feet of property on which a public elementary school was located. 67 CA 643. Does not require use of certain language to meet requirement of being "identified as a child day care center by a sign posted in a conspicuous place"; whether a posted sign satisfies statute is a question of fact. 70 CA 255. Conviction for conspiracy to sell a controlled substance to within one thousand five hundred feet of a public housing project reversed where trial court instructed that jury must find that conspiracy occurred within one thousand five hundred feet of public housing project. The law is not concerned with where the plan was hatched, but with where the conspirators proposed to carry out its unlawful purpose. 73 CA 386.

Sec. 21a-279. (Formerly Sec. 19-481). Penalty for illegal possession. Alternative sentences. (a) Any person who possesses or has under his control any quantity of any narcotic substance, except as authorized in this chapter, for a first offense, may be imprisoned not more than seven years or be fined not more than fifty thousand dollars, or be both fined and imprisoned; and for a second offense, may be imprisoned not more than fifteen years or be fined not more than one hundred thousand dollars, or be both fined and imprisoned; and for any subsequent offense, may be imprisoned not more than twenty-five years or be fined not more than two hundred fifty thousand dollars, or be both fined and imprisoned.

(b) Any person who possesses or has under his control any quantity of a hallucinogenic substance other than marijuana or four ounces or more of a cannabis-type substance, except as authorized in this chapter, for a first offense, may be imprisoned not more than five years or be fined not more than two thousand dollars or be both fined and imprisoned, and for a subsequent offense may be imprisoned not more than ten years or be fined not more than five thousand dollars or be both fined and imprisoned.

(c) Any person who possesses or has under his control any quantity of any controlled substance other than a narcotic substance, or a hallucinogenic substance other than marijuana or who possesses or has under his control less than four ounces of a cannabis-type substance, except as authorized in this chapter, for a first offense, may be fined not more than one thousand dollars or be imprisoned not more than one year, or be both fined and imprisoned; and for a subsequent offense, may be fined not more than three thousand dollars or be imprisoned not more than five years, or be both fined and imprisoned.

(d) Any person who violates subsection (a), (b) or (c) of this section in or on, or within one thousand five hundred feet of, the real property comprising a public or private elementary or secondary school and who is not enrolled as a student in such school or a licensed child day care center, as defined in section 19a-77, that is identified as a child day care center by a sign posted in a conspicuous place 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 imposed for violation of subsection (a), (b) or (c) of this section.

(e) As an alternative to the sentences specified in subsections (a) and (b) and specified for a subsequent offense under subsection (c) of this section, the court may sentence the person to the custody of the Commissioner of Correction for an indeterminate term not to exceed three years or the maximum term specified for the offense, whichever is the lesser, and at any time within such indeterminate term and without regard to any other provision of law regarding minimum term of confinement, the Commissioner of Correction may release the convicted person so sentenced subject to such conditions as he may impose including, but not limited to, supervision by suitable authority. At any time during such indeterminate term, the Commissioner of Correction may revoke any such conditional release in his discretion for violation of the conditions imposed and return the convicted person to a correctional institution.(f) To the extent that it is possible, medical treatment rather than criminal sanctions shall be afforded individuals who breathe, inhale, sniff or drink the volatile substances defined in subdivision (49) of section 21a-240.

(1967, P.A. 555, S. 37; 1969, P.A. 391, S. 4; 753, S. 19; 1972, P.A. 278, S. 26; P.A. 74-332, S. 3, 6; P.A. 83-141; P.A. 85-613, S. 62, 154; P.A. 89-256, S. 2; June Sp. Sess. P.A. 92-1, S. 4; P.A. 94-233, S. 2.)