Use of Drug Paraphernalia 2017-05-02T14:31:14+00:00

Use or possession with intent to use drug paraphernalia is illegal in the state of Connecticut. Conn. Gen. Stat. §21a-267(a) defines the offense:

No person shall use or possess with intent to use drug paraphernalia. This gets defined in subdivision (20) of section 21a-240. It means 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.

Conn. Gen. Stat. § 21a-267(a)

There are two possible crimes in this statute: the use of drug paraphernalia, or possession of the paraphernalia with the intent to use it. For the first option, the state must prove that the drug paraphernalia must got used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal or introduce, ingest, inhale, introduce into the human body any controlled substance.

If the state alleges possession with the intent to use, the state must prove possession. So, this 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 was aware of its nature.  The state must prove beyond a reasonable doubt that the defendant knew that they were in possession of the drug paraphernalia.

If you get convicted of using or possessing with the intent to use drug paraphernalia, you face a conviction of a Class C misdemeanor, which carries penalties of up to three months in jail and a fine up to $500.

SECTION CITED FROM: CT Criminal Jury Instructions 8.1-9