Description of the Drugs
Not all controlled substances fit neatly into the categories of narcotic substance; amphetamine type substance; hallucinogenic substance; and cannabis type substance. For this reason the legislature has created the catchall category of “other controlled substances.” This regulates those drugs that are not easily classifiable. The category “other controlled substances” primarily consists of prescription drugs that do not fall into the other categories. For example, the prescription drugs Prozac (Fluoxetine) and Viagra (Sildenafil) get classified as “other controlled substances.” Also, these drugs face prosecution as such. Prescription painkillers like Oxycontin (Oxycodone) and Vicodin (Hydrocodone) constitute narcotics. Also, the common ADD medication Adderall constitutes an Amphetamine. As such, these drugs face prosecution under the “other controlled substances” category.
Common “other controlled substances” also include:
- Antianxiety drugs.
- Drugs for the treatment of erectile dysfunction.
- Birth control drugs.
- Other hormone treatments.
Definition of the Drugs
The term “other controlled substance” does not explicitly have a definition in Connecticut Statutes. But, it means any controlled substance not mentioned in the statutes. The drug statutes reference narcotics, amphetamine-type substances, hallucinogenic substances, and a cannabis-type substances. And anything that does not fall into one of these categories and is a controlled substance constitutes 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 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.
Please see our pages on possession for a detailed discussion on what act or acts constitute 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. Also, a person with a misdemeanor crime on their 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 get charged with misdemeanor or “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.
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 has treatment 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. Also, in many jurisdictions, felons cannot serve on juries. Oftentimes they lose their right to vote or to practice certain professions, such as lawyer or teacher. Finally, felons may not own guns or serve in the military.
Also, second offenders of simple possession, or persons in possession of four ounces or more of marijuana, will face charges of felony possession.
Penalties for Felony Possession
For a second or (subsequent) conviction of possession of any quantity of any controlled substance, you are facing up to five years in jail and up to a $3,000.00 fine.
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 their 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 their 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.
Possession with Intent to Sell
Please see our pages on possession with intent to sell for a detailed discussion on what act or acts constitute this crime.
For a first conviction of possession of any controlled substance with intent to sell, you are facing up to seven 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.
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.
Penalties for Possession Near a Prohibited Place
You face up to three years in prison, which you will serve consecutively in addition to any prison time for the underlying offense.
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.