The crime of delivery of drug paraphernalia comes from Conn. Gen. Stat. § 21a-267(b), it reads as follows:

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 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.

To face conviction of the delivery of drug paraphernalia, the state must prove three elements. They must prove these elements beyond a reasonable doubt.

Delivery of Drug Paraphernalia – Elements:

Element One:

The defendant delivered, possessed or manufactured with the intent to deliver alleged drug paraphernalia.

Element Two:

The objects fit the definition of drug paraphernalia.

Element Three:

The defendant knew or had reason to know that such paraphernalia would 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 a controlled substance.

Element One

The first element of the crime is that the defendant delivered, possessed, or manufactured with the intent to deliver the object

[s] alleged to be drug paraphernalia. “Deliver” means the actual, constructive or attempted transfer from one person to another of drug paraphernalia, whether or not there is an agency relationship. If possession constitutes alleged, “possession” means either actual possession or constructive possession. Possession also requires that the defendant knew that he was in possession of the drug paraphernalia. That is, that he was aware that he was in possession of it and was aware of its nature. Also, the state must prove beyond a reasonable doubt that the defendant knew that he was in possession of the drug paraphernalia.

Element Two

The second element of the crime is that the objects were in fact drug paraphernalia. Conn. Gen. Stat. 21a-240(20) defines drug paraphernalia.

Element Three

The third element is that the defendant delivered, possessed, or manufactured with intent to deliver the object(s) knowing, or under circumstances where one reasonably should know, that it would 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 a controlled substance.

A person acts “knowingly” with respect to conduct or to a circumstance described by a statute defining an offense when he knows that their conduct is of such nature or that such circumstance exists.

If convicted of the delivery of drug paraphernalia, you face a conviction of a Class A misdemeanor, up to one year in jail and a fine up to $2,000.00.

SECTION CITED FROM: CT Criminal Jury Instructions 8.1-10