A person 18 years of age or older should not distribute controlled substances to a person under 18. This constitutes a criminal offense if the buyer was at least two years younger than the seller.
There are three separate elements of this section. Also, the state must prove them all beyond a reasonable doubt to convict a defendant.
Illegal Distribution of a Controlled Substance to a Minor – Elements
The defendant (distributed/sold/offered/gave) a controlled substance, to another person.
The defendant was eighteen years of age or older at the time of the alleged offense.
At the time of the alleged offense the person to whom the controlled substance was (distributed/sold/offered/given) was under eighteen years of age. Also, they must be at least two years younger than the defendant.
If you are convicted of the illegal distribution of a controlled substance to a minor, you face penalties. You face a minimum of two years in jail. This sentence must be served consecutive to any other sentence imposed.
SECITON CITED FROM: CT Criminal Jury Instructions 8.1-3 (http://www.jud.ct.gov/JI/criminal/part8/8.1-3.htm)
For more information, contact a Connecticut defense attorney.
Controlled Substance Near Prohibited Place
Conn. Gen. Stat. § 21a-278a(b)
Section (b) of §21a-278a imposes punishment on any person who sells or possesses with the intent to sell 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/a licensed child day care center that is identified as a child day care center by a sign posted in a conspicuous place.
To secure a conviction under this section the state must prove two elements beyond a reasonable doubt:
Possession of a Controlled Substance Near a Prohibited Place – Elements
The defendant sold or possessed with the intent to sell a controlled substance.
This occurred in or on, or within 1500 feet of the real property of a specific prohibited place.
The first element is that the defendant sold or possessed with the intent to sell to another person a controlled substance. “Sale” as used here constitutes any form of delivery, which includes barter, exchange or gift, or offer therefore, and each such transaction made by any person whether as principal, proprietor, agent, servant or employee.
“Possession” means either actual possession or constructive possession. Actual possession means actual physical possession, such as having the object on one’s person. Constructive possession means having the object in a place under one’s dominion and control. Possession also requires that the defendant knew that h ewas in possession of the controlled substance. That is, that he was aware that he was in possession of it and was aware of its nature.
The second element is that the defendant sold or possessed with the intent to sell the controlled substance in or on, or within 1500 feet of the real property of a specific prohibited place. For purposes of this statute “prohibited place” includes: (1) a public or private elementary or secondary school; (2) a public housing project; or (3) a licensed child day care center that is identified as a child day care center by a sign posted in a conspicuous place.
For purposes of this crime, an elementary school is a school for any combination of grades below grade seven. A secondary school is a school for any combination of grades seven through twelve, and may also include any separate combination of grades five and six or grade six with grades seven and eight. A 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. A child day care center means a center that offers or provides a program of supplementary care to more than twelve related or unrelated children outside their own homes on a regular basis.
If you are convicted of possession near a prohibited place, you are facing a mandatory minimum 3 years in jail. Also, you must serve this sentence in addition and consecutively to any imprisonment for the underlying violation of Conn. Gen. Stat. §§ 21a-277 or 21a-278.
SECTION CITED FROM: CT Criminal Jury Instructions 8.1-5