State v. Anonymous

30 Conn. Supp. 267
Connecticut Superior Court·Decided July 1, 1972·Published·Cited by 1 cases

Opinion

Mignone, J.

The defendant has filed a “Demurrer and/or Motion to Quash” attacking a three-count information charging him with violations of 19-480 (a) and 19-481 (a) of the General Statutes, chapter 359, the Dependency-Producing Drugs Act.

I

The main thrust of the defendant’s challenge to this information is the claim that these sections, proscribing the sale, possession or control of a “narcotic substance,” are void for vagueness and that, therefore, the defendant has been arrested and [268] charged in violation of the fourth, fifth and fourteenth amendments to the United States constitution as well as article first, §§ 8 and 9, of the constitution of Connecticut.

Section 19-480 (a) prohibits, inter alia,, the sale to .another person of any controlled substance which is a hallucinogenic substance, amphetamine-type substance, narcotic substance or cannabis-type substance, except as authorized in the act. Section 19-481 (a) makes it a crime for any person to possess or have under his control any quantity of a narcotic substance, except as authorized in the act.

The state’s information and its bill of particulars addressed thereto specifically allege that the defendant sold and possessed a narcotic substance, namely, cocaine. The defendant pinions his attack on the claim that cocaine cannot properly be classified as a “narcotic substance” and therefore the information filed is invalid.

Sections 19-480 (a) and 19-481 (a) are part of Public Acts 1972, No. 278, entitled “An Act concerning Revision of the Laws Relating to Controlled Drugs.” Section 1 of that act, now set out as § 19-443 of the General Statutes, contains fifty-four subdivisions of definitions applicable to its various provisions. With pregnant significance, in subsection (1) it defines “Abuse of drugs” to mean “the use of controlled substances solely for their stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and not as a therapeutic agent prescribed in the course of medical treatment or in a program of research operated under the direction of a physician or pharmacologist.” Other relevant subsections with definitions are (4), “Amphetamine-type drugs”; (5), “Barbiturate-type drugs”; and (7), “Cannabis-type drugs.” Subsection (8) is of particular importance because it defines “Controlled drugs” as “those [269] drugs which contain any quantity of a substance which has been designated as subject to the federal controlled substances act, or which has been designated as a depressant or stimulant drug pursuant to federal food and drug laws, or which has been designated by the public health council and commissioner of consumer protection pursuant to section 19-451, as amended, as having a stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and as having a tendency to promote abuse or psychological or physiological dependence, or both. Such controlled drugs are classifiable as amphetamine-type, barbiturate-type, cannabis-type, cocaine-type, hallucinogenic, morphine-type and other stimulant and depressant drugs. Specifically excluded from controlled drugs and controlled substances are alcohol, nicotine and caffeine. . . .” (Italics supplied.) Subsection (9) defines a “Controlled substance” to mean “a drug, substance, or immediate precursor in schedule I to Y, inclusive of section 19-450a.”

Subsection (17) of § 19-443 defines what is included in the term “Drug” as applicable to the act; (18) defines “Drug dependence,” and (19), “Drug-dependent person”; (21) refers to the “Federal controlled substances act, 21 USC 801 et seq.”; (23) defines “Hallucinogenic drugs,” and (29), “Marihuana.” Subsection (30) bears special noting since it defines a “Narcotic drug.” Part (A) of (30) classifies the “morphine type” drugs — opium and opiate and their derivatives. But it is part (B) of subsection (30) which acquires decisive importance in the instant case because it includes as a “Narcotic drug” “cocaine type” drugs. Subsection (33) defines “Opiate”; (34), “Opium poppy”; (36), “Other stimulant and depressant drugs”; (49), “Restricted drugs or substances”; and (50), “Sale,” as applicable to the act.

[270] . Part II of chapter 359 of the General Statutes deals with control of dependency-producing drugs. Section 19-450a sets forth five schedules of controlled substances. Subsection (a) contains schedule I. Part (A) , of schedule I lists 42 different opiates, including their isomers, esters, ethers, salts and salts of isomers, esters and ethers. Part (B) of schedule I lists 22 opium derivatives, including, inter alia, heroin and morphine. Part (C) of schedule I names 17 controlled substances placed in the category of hallucinogenic substances. It must be noted that “Marihuana” is included in this schedule.

Subsection (b) of § 19-450a contains schedule II, listing numerous “controlled substances.” Part (A) of schedule II includes “(1) Opium and opiate, .and . . . [their salts and derivatives]; . . . “(4) coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with .any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or eegonine.” Part (B) of schedule II sets forth another group of “opiates” which includes “methadone” and “methadone-intermediate.” Part (C) of schedule II lists various substances which have a “potential for abuse associated with a stimulant effect on the central nervous system.” Subdivision (1) of this list includes “Amphetamine” and its derivatives.

Section 19-450a of the General Statutes contains other lists of controlled substances, namely, schedule III, in subsection (e); schedule IV in subsection (d); and finally a short list of certain controlled substances in schedule V, in subsection (e). Section 19-452 prohibits, inter alia, the sale of any restricted substance as listed in the various schedules referred to, except as authorized.

[271] It may be belpfnl to note that Connecticut’s Dependency-Producing Drugs Act was originally enacted as Public Acts 1967, No. 555, and various amendments to it were made by the 1969 and 1971 legislatures. But the present sections of chapter 359, dealing with control of drug sale and possession, are based on and followed the enactment of the federal Controlled Substances Act, 21 U.S.C. §§ 801-901 (1970), a subchapter of the Comprehensive Drug Abuse Prevention and Control Act of 1970, of which part D — -“Offenses and Penalties”— became effective May 1,1971.

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State v. Anonymous, 30 Conn. Supp. 267 (Colo. Ct. App. 1972).

30 Conn. Supp. 267 (State v. Anonymous) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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