Other Controlled Substance Laws in Connecticut

            1. Definition of the Drugs

            The term “other controlled substance” is not explicitly defined in Connecticut Statutes, but should be considered to mean any controlled substance that is not mentioned in the statutes. The drug statutes reference narcotics, amphetamine-type substances, hallucinogenic substances and a cannabis-type substances. Anything that does not fall into one of these categories and is a controlled substance will be considered as “other controlled substances. As for what defines a controlled substance, Conn. Gen. Stat. § 21a-243 states that the Commissioner of Consumer Protection shall adopt regulations defining controlled substances that are in line with the federal schedule of drugs. In other words, the Connecticut standard for what constitutes a controlled substance is nearly identical to the federal schedule of drugs.

            2. Possession Generally

            Please see our pages on possession for a detailed discussion on what act or acts
           constitute possession.

            3. Simple Possession
           
            Misdemeanors are less-serious crimes. The consequences for misdemeanor convictions are generally less severe than for felony convictions. They are generally punishable by a fine or incarceration in the county jail for less than one year.  A person with a misdemeanor crime on his record may still be able to serve on a jury, practice the professions, and vote.
            First offenders possessing any quantity of any controlled substance will be charged with misdemeanor or “simple” possession.
                                         
            4. Penalties for Simple Possession

            For a first conviction of simple possession, you are facing up to one year in jail and up to a $1,000.00 fine.
                                                     
            5. Felony Possession
           
            Felonies are the most serious crimes in any system of criminal law. A standard definition of a felony is any crime punishable by more than one year in prison or by death.
            Often the offense itself is not labeled as a felony, but the punishment tells the public that the offense is a felony. Additionally, statutes may label a crime a "gross" or "aggravated" misdemeanor but provide for a sentence of more than one year in the state penitentiary system, ensuring that the offense is treated as felony in many respects.
            A person convicted of a felony may have more restrictions on their rights than a person convicted of a lesser crime. In many jurisdictions, felons cannot serve on juries. Often times they lose their right to vote or to practice certain professions, such as lawyer or teacher. Felons may be prohibited from owning guns or serving in the military.
            Second offenders of simple possession, or persons in possession of four ounces or more of marijuana, will be charged with felony possession.
                                         
            6.  Penalties for Felony Possession

            For a second or (subsequent) conviction of possession of any quantity of any controlled substance, you are facing up to 5 years in jail and up to a $3000.00 fine.

            7.  Penalties for Misdemeanor and Felony Possession: Relevant Statutes

Conn. Gen. Stat. § 21a-279(c). Penalty for illegal possession.

(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.

            8. Possession with Intent to Sell
            Please see our pages on possession with intent to see for a detailed discussion on what act or acts constitute this crime.           
            9. Penalties for Possession of Any Controlled Substance with Intent to             Sell

            For a first conviction of possession of any controlled substance with intent to sell, you are facing up to 7 years in jail and a fine of $25,000.
            For a second (or subsequent) conviction, you are facing up to 15 years in jail and a fine up to $100,000.

            10. Penalties for Possession of Any Controlled Substance with Intent to             Sell: Relevant Statutes

Conn. Gen. Stat. § 21a-277(b). Penalty for illegal manufacture, distribution, sale, prescription, dispensing

(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.

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            11. Possession Near a Prohibited Place

            Please see our pages on possession near a prohibited for a detailed discussion on what act or acts constitute this crime.           

            12. Penalties for Possession Near a Prohibited Place

            You are facing up to 3 years in prison, to be served consecutively in addition to any prison time for the underlying offense. 

            13. Possession Near a Prohibited Place: Relevant Statutes

Conn. Gen. Stat. § 21a-278a(b). Penalty for illegal manufacture, distribution, sale, prescription or administration.

(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.

            14. Conspiracy
           
            Please see our pages on the drug dependant person for a detailed discussion.



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