Possession of drug paraphernalia in a drug factory situation is a more serious offense carrying harsher penalties. Also, Conn. Gen. Stat. § 21a-277(c) prohibits anyone from knowingly possessing drug accessories in a drug factory situation to make or prepare a controlled substance in violation of the law on dependency producing drugs. The text of this section reads:
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.
Conn. Gen. Stat. § 21a-277(c)
So, in order to be convicted of this crime, the state must prove three elements beyond a reasonable doubt:
Possession of Drug Paraphernalia in a Drug Factory Situation – Elements
The defendant knowingly possessed drug paraphernalia.
The possession took place in a drug factory situation.
It was for the purpose of preparing a specific controlled substance.
The first element is that the defendant knowingly possessed drug paraphernalia.”Possession” means either actual possession or constructive possession. Possession also requires that the defendant knew that they were in possession of the drug paraphernalia. That is, that they were aware that they were in possession of it and were aware of its nature. Also, the state must prove beyond a reasonable doubt that the defendant knew that they were in possession of the drug accessories.
The second element is that the defendant possessed the drug paraphernalia in a drug factory situation. “Drug Factory”, as defined by Conn. Gen. Stat. § 21a-240(20)(B), means:
“Factory” means any place used for the manufacturing, mixing, compounding, refining, processing, packaging, distributing, storing, keeping, holding, administering or assembling illegal substances contrary to the provisions of this chapter, or any building, rooms or location which contains equipment or paraphernalia used for this purpose.
Conn. Gen. Stat. § 21a-240(20)(B)
The third element is that the defendant possessed drug paraphernalia for the knowingly unlawful mixing, compounding or otherwise preparing of any controlled substance. In addition, the state must prove that the defendant’s purpose in possessing the drug paraphernalia was to prepare a specific controlled substance.
If you are convicted of possession of drug paraphernalia in a drug factory situation, you are facing up to two years in jail and a fine up to $1,000. Also, for a second or subsequent conviction, you are facing up to 10 years in jail and fine up to $10,000.
SECTION CITED FROM: CT Criminal Jury Instructions 8.1-8