§ 21a-267 — (Formerly Sec. 19-472a). Penalty for use, possession or delivery of drug paraphernalia associated with a controlled substance other than cannabis. Immunity.

Connecticut § 21a-267

• Jurisdiction: Connecticut
• Title 21a: Consumer Protection
• Ch. 420b: Dependency-Producing Drugs

Text

(a) No person shall use or possess with intent to use drug paraphernalia, as defined in subdivision (20) of section 21a-240, 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 section 21a-240, other than cannabis. Any person who violates any provision of this subsection shall be guilty of a class C misdemeanor. (b) 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 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, any controlled substance, other than cannabis. Any person who violates any provision of this subsection shall be guilty of a class A misdemeanor. (c) Any person who violates subsection (a) or (b) of this section (1) with intent to commit such violation at a specific location that the trier of fact determines is (A) in or on the real property comprising a public or private elementary or secondary school, or (B) within two hundred feet of the perimeter of the real property comprising a public or private elementary or secondary school, and (2) who is not enrolled as a student in such school shall be imprisoned for a term of one year which shall not be suspended and shall be in addition and consecutive to any term of imprisonment imposed for violation of subsection (a) or (b) of this section. (d) The provisions of subsection (a) of this section shall not apply to any person (1) who in good faith, seeks medical assistance for another person who such person reasonably believes is experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance, (2) for whom another person, in good faith, seeks medical assistance, reasonably believing such person is experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance, or (3) who reasonably believes he or she is experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance and, in good faith, seeks medical assistance for himself or herself, if evidence of the use or possession of drug paraphernalia in violation of said subsection was obtained as a result of the seeking of such medical assistance. For the purposes of this subsection, “good faith” does not include seeking medical assistance during the course of the execution of an arrest warrant or search warrant or a lawful search. (e) For purposes of this section, “cannabis” has the same meaning as provided in section 21a-240 . See Sec. 21a-270 re factors considered in considering materials to be drug paraphernalia. See Sec. 21a-283a re authority of court to depart from prescribed mandatory minimum sentence.

Legislative History

(P.A. 80-224, S. 3; P.A. 89-256, S. 3; P.A. 90-214, S. 2, 5; P.A. 92-185, S. 3, 6; June Sp. Sess. P.A. 92-1, S. 3; P.A. 06-195, S. 16; P.A. 11-71, S. 3; 11-210, S. 2; P.A. 21-102, S. 22; June Sp. Sess. P.A. 21-1, S. 4; P.A. 23-79, S. 10.) History: Sec. 19-472a transferred to Sec. 21a-267 in 1983; P.A. 89-256 amended Subsec. (b) to increase the penalty from a class C to a class A misdemeanor and added Subsec. (c) re an additional nonsuspendable term of imprisonment of one year for any person who violates Subsec. (a) or (b) near a school and is not enrolled as a student in such school; P.A. 90-214 added Subsec. (d) re needle and syringe exchange program; P.A. 92-185 deleted Subsec. (d) re applicability of Subsecs. (a) and (b) to the needle and syringe exchange program; June Sp. Sess. P.A. 92-1 amended Subsec. (c) to increase the proximity distance to school property from 1,000 to 1,500 feet; P.A. 06-195 amended Subsecs. (a) and (b) by deleting “inject” in conformity with redefinition of “drug paraphernalia” in Sec. 21a-240, effective June 7, 2006; P.A. 11-71 amended Subsecs. (a) and (b) to exclude from each offense drug paraphernalia used in connection with less than one-half ounce of a cannabis-type substance and added Subsec. (d) re prohibited acts with drug paraphernalia used in connection with less than one-half ounce of a cannabis-type substance and the penalty therefor, effective July 1, 2011; P.A. 11-210 added provisions, codified by the Revisors as Subsec. (e), re inapplicability of Subsec. (a) when medical assistance is sought in good faith for person reasonably believed to be experiencing an overdose from ingestion, inhalation or injection of intoxicating liquor or any drug or substance and evidence of use or possession of drug paraphernalia was obtained as result of the seeking of such medical assistance; P.A. 21-102 amended Subsec. (c) by replacing “in or on, or within one thousand five hundred feet of” with “(1) with intent to commit such violation at a specific location that the trier of fact determines is (A) in or on”, adding Subsec. (c)(1)(B) re language within 200 feet of perimeter of a school and designating existing qualifying language re person not enrolled a student as Subsec. (c)(2); June Sp. Sess. P.A. 21-1 amended Subsecs. (a) and (b) by replacing exception for less than one-half ounce of a cannabis-type substance with exception for cannabis, deleted Subsec. (d) re paraphernalia related to cannabis, redesignated existing Subsec. (e) as Subsec. (d) and added new Subsec. (e) defining “cannabis”, effective July 1, 2021; P.A. 23-79 made a technical change in Subsec. (a), effective July 1, 2023. Cited. 207 C. 35; 212 C. 223; 216 C. 185; 219 C. 557; 224 C. 494; 230 C. 372; 239 C. 235. Holdings in 182 C. 142 and 221 C. 595 that Sec. 21a-278(b) creates exception for drug-dependent persons within meaning of section upheld; holding in 221 C. 595 that defendant must prove exception of drug dependency by a preponderance of the evidence upheld; requirement that defendant prove drug dependency by a preponderance of the evidence is not unconstitutional. 290 C. 24; judgment superseded, see Id., 602. Cited. 9 CA 667; 10 CA 347; Id., 532; 11 CA 47; 12 CA 225; 13 CA 288; 14 CA 356; 17 CA 556; Id., 635; 20 CA 183; Id., 321; 22 CA 40; judgment reversed, see 219 C. 577; Id., 431; 23 CA 123; 26 CA 553; 28 CA 575; 29 CA 694; 31 CA 443; 32 CA 267; 39 CA 369; 43 CA 339. Subsec. (c): Testimony that conduct occurred within 1,500 feet of a “public school” was insufficient to support finding that conduct occurred within 1,500 feet of “an elementary or secondary school” because there are public schools that are neither elementary nor secondary schools. 113 CA 731; judgment reversed, see 303 C. 760.