§ 21a-279 — (Formerly Sec. 19-481). Penalty for illegal possession of a controlled substance other than cannabis. Alternative sentences. Immunity.

Connecticut § 21a-279

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

Text

(a)(1) Any person who possesses or has under such person's control any quantity of any controlled substance, except any quantity of cannabis, as defined in section 21a-420, and except as authorized in this chapter or chapter 420f, shall be guilty of a class A misdemeanor. (2) For a second offense of subdivision (1) of this subsection, the court shall evaluate such person and, if the court determines such person is a drug-dependent person, the court may suspend prosecution of such person and order such person to undergo a substance abuse treatment program. (3) For any subsequent offense of subdivision (1) of this subsection, the court may find such person to be a persistent offender for possession of a controlled substance in accordance with section 53a-40 . (b) Any person who violates subsection (a) of this section with intent to commit such violation at a specific location that the trier of fact determines is in or on, or within two hundred feet of the perimeter of the real property comprising a (1) public or private elementary or secondary school and who is not enrolled as a student in such school, or (2) licensed child care center, as defined in section 19a-77 , that is identified as a child care center by a sign posted in a conspicuous place, shall be guilty of a class A misdemeanor and shall be sentenced to a term of imprisonment and a period of probation during which such person shall perform community service as a condition of such probation, in a manner ordered by the court. (c) To the extent that it is possible, medical treatment rather than criminal sanctions shall be afforded individuals who breathe, inhale, sniff or drink the volatile substances described in subdivision (49) of section 21a-240 . (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 possession or control of a controlled substance in violation of subsection (a) of this section 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) No provision of this section shall be construed to alter or modify the meaning of the provisions of section 21a-278 . See Sec. 21a-283a re authority of court to depart from prescribed mandatory minimum sentence. See Sec. 53a-39c re eligibility for community service labor program.

Legislative History

(1967, P.A. 555, S. 37; 1969, P.A. 391, S. 4; 753, S. 19; 1972, P.A. 278, S. 26; P.A. 74-332, S. 3, 6; P.A. 83-141; P.A. 85-613, S. 62, 154; P.A. 89-256, S. 2; June Sp. Sess. P.A. 92-1, S. 4; P.A. 94-233, S. 2; P.A. 11-71, S. 2; 11-210, S. 1; P.A. 13-258, S. 88; P.A. 15-227, S. 25; June Sp. Sess. P.A. 15-2, S. 1; P.A. 21-102, S. 24; June Sp. Sess. P.A. 21-1, S. 2.) History: 1969 acts made imposition of imprisonment optional rather than mandatory, added $10,000 fine for third or more offense thus allowing imposition of fine and/or imprisonment and added Subsecs. (c) and (d) re indeterminate terms and medical treatment; 1972 act substituted “substance” for “drug” and corrected reference to Sec. 19-443 in Subsec. (d); P.A. 74-332 increased maximum term for first offense in Subsec. (a) from five to seven years, inserted new Subsec. (b) re hallucinogenic substances other than marijuana and cannabis-type substances, relettering remaining Subsecs. and revising them to reflect new Subsec. provisions, and imposed fine and imprisonment for subsequent offenses in Subsec. (c), formerly (b); Sec. 19-481 transferred to Sec. 21a-279 in 1983; P.A. 83-141 amended Subsec. (a) by increasing the maximum fine from $3,000 to $50,000 for a first offense, from $5,000 to $100,000 for a second offense and from $10,000 to $250,000 for a subsequent offense; P.A. 85-613 made technical change; P.A. 89-256 inserted a new Subsec. (d) re an additional, nonsuspendable term of imprisonment of two years for any person who violates Subsecs. (a), (b) or (c) near a school and is not enrolled as a student in such school, relettered the remaining Subsecs. accordingly and made technical changes to Subsecs. (c) and (e); June Sp. Sess. P.A. 92-1 amended Subsec. (d) to increase the proximity distance to school property from 1,000 to 1,500 feet; P.A. 94-233 amended Subsec. (d) to make enhanced penalty applicable to a person who possesses controlled substances in or near a licensed child day care center that is identified as a child day care center by a sign posted in a conspicuous place; P.A. 11-71 amended Subsec. (c) to make provisions applicable to possession or control of “one-half ounce or more but less than four ounces” of a cannabis-type substance, rather than “less than four ounces”, and insert Subdiv. designators, effective July 1, 2011; P.A. 11-210 added Subsec. (g) re inapplicability of Subsecs. (a) to (c) when medical assistance is sought in good faith for person reasonably believed to be experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance and evidence of possession or control of a controlled substance was obtained as result of the seeking of such medical assistance; P.A. 13-258 amended Subsec. (b) to change penalty for first offense from fine of not more than $2,000 or imprisonment of not more than 5 years to a class D felony, and for a subsequent offense from fine of not more than $5,000 or imprisonment of not more than 10 years to a class C felony, and amended Subsec. (c)(2) to change penalty for a subsequent offense from fine of not more than $3,000 or imprisonment of not more than 5 years to a class D felony; pursuant to P.A. 15-227, “child day care center” was changed editorially by the Revisors to “child care center” in Subsec. (d), effective July 1, 2015; June Sp. Sess. P.A. 15-2 amended Subsec. (a) to designate existing provisions re person who possesses or controls substance as Subdiv. (1) and amend same to add exception for less than one-half ounce of cannabis-type substance and replace provisions re penalties for first, second and subsequent offense with provision re penalty of class A misdemeanor, add Subdiv. (2) re substance abuse treatment program and add Subdiv. (3) re persistent offender, deleted former Subsecs. (b) and (c) re possession or control of certain substances, redesignated existing Subsec. (d) as Subsec. (b) and amended same to replace provision re imprisonment for term of 2 years with provision re class A misdemeanor and sentence, deleted former Subsec. (e) re alternative sentence, redesignated existing Subsecs. (f) and (g) as Subsecs. (c) and (d), added new Subsec. (e) re prohibition against construing, altering or modifying meaning of Sec. 21a-278, and made technical and conforming changes; P.A. 21-102 amended Subsec. (b) by adding “with intent to commit such violation at a specific location that the trier of fact determines is”, replacing 1500 feet with 200 feet from the perimeter and designating existing language re schools as Subsec. (b)(1) and existing language re licensed child care centers as Subsec. (b)(2); June Sp. Sess. P.A. 21-1 amended Subsec. (a)(1) by replacing exception for less than one-half ounce of a cannabis-type substance with exception for any quantity of cannabis and adding reference to chapter 420f, effective July 1, 2021. Annotations to former section 19-481: Cited. 162 C. 216; Id., 309; 163 C. 104; 165 C. 83; 166 C. 126; 167 C. 379; 168 C. 623; 169 C. 322; 179 C. 522; 182 C. 142; Id., 335; 185 C. 104; 188 C. 183; 194 C. 612; 195 C. 624; 197 C. 50; 199 C. 591; 205 C. 437. Cited. 5 CA 496; Id., 552; 6 CA 247; 7 CA 477. Cited. 28 CS 21; 29 CS 87. Narcotic substance includes cocaine. 30 CS 267. Cited. 33 CS 129; 38 CS 374. Motion to quash denied where bill of particulars and information sufficiently alleged crimes charged under statute. 5 Conn. Cir. Ct. 134. Subsec. (a): Cited. 170 C. 469; 171 C. 293; 172 C. 172; Id., 223; Id., 414. Possession requires that defendant had exercised dominion and control over substance and had knowledge of its presence and narcotic character; but since defendant made no request to charge and took no exception, no error found in instruction to jury that defendant must have “knowledge of the fact that these items were there.” Id., 593. Cited. 173 C. 431; 174 C. 153; 178 C. 422; Id., 704; 179 C. 239; 182 C. 335; 185 C. 104; 186 C. 26; 187 C. 292; 189 C. 35; 194 C. 331; Id., 589; Id., 612; 195 C. 70; Id., 624; 196 C. 471; 197 C. 67; Id., 219, but see 219 C. 529. Legislature did not intend to authorize dual convictions for simultaneous possession of cocaine and heroin; multiple convictions under statute and double jeopardy clause discussed. 198 C. 111. Cited. 200 C. 82; 201 C. 505. Cited. 2 CA 605; 7 CA 367. Court declined to review claim that statute was unconstitutionally vague. Id., 403. Cited. Id., 477. Sentence under Subsec. must be in accordance with Ch. 952. 31 CS 350. Annotations to present section: Cited. 197 C. 644; 206 C. 90; 212 C. 223; 219 C. 529; 229 C. 285; 242 C. 296. Amendments to section in public act 15-2 of the June special session do not apply retroactively to criminal cases pending at the time the amendment became effective. 337 C. 739. Cited. 1 CA 275; 13 CA 69; Id., 175; Id., 708; 17 CA 102; 22 CA 118; 26 CA 779; 33 CA 409; 41 CA 694; 45 CA 207; Id., 282. Defendant could not be convicted on one set of facts of both possession of narcotics by a person who is not drug-dependent and simple possession of narcotics and court ordered one sentence vacated. 60 CA 436. Phrase “any quantity of any narcotic substance” not unconstitutionally void for vagueness and does not give rise to arbitrary and discriminatory enforcement. 154 CA 727. Subsec. (a): Cited. 197 C. 620. Legislature did not intend to authorize dual convictions for simultaneous possession of cocaine and heroin; multiple convictions under statute and double jeopardy clause discussed. 198 C. 111. Cited. 199 C. 354; 204 C. 654; 207 C. 35; 209 C. 1; Id., 23; 212 C. 485; 219 C. 557; 220 C. 628; 224 C. 163; Id., 494; 226 C. 514; 236 C. 216; 237 C. 81. Violation of section is a lesser included offense in Sec. 21a-277(a) since no element in possession charge is not included in charge of possession with intent to sell, where information alleges crimes committed on same date, at same location and with same narcotic. 288 C. 345. Cited. 2 CA 605; 7 CA 588; 8 CA 111; 9 CA 185; Id., 667; 10 CA 7; Id., 532; Id., 561; Id., 667; 11 CA 11; Id., 47; Id., 540; judgment reversed, see 209 C. 1; 12 CA 225; Id., 274; 14 CA 536; 16 CA 245; Id., 518; 17 CA 556; 18 CA 32; Id., 104; 20 CA 241; Id., 321; Id., 336; 21 CA 568; 22 CA 40; judgment reversed, see 219 C. 577; Id., 303; Id., 431; Id., 601; 23 CA 50; Id., 123; Id., 602; Id., 667; Id., 746; judgment reversed, see 221 C. 595; 24 CA 158; Id., 543; Id., 697; 25 CA 354; Id., 472. Court declined to require any minimum amount or usability requirement before conviction may be had. Id., 624. Cited. 26 CA 553; Id., 667; Id., 698; 27 CA 741; 29 CA 675; Id., 694; Id., 801; judgment reversed, see 229 C. 285; Id., 843; 30 CA 712; 31 CA 178; 32 CA 811; 33 CA 432; 34 CA 191; Id., 629; 37 CA 355; 38 CA 85; Id., 536; 39 CA 110; 40 CA 762; 41 CA 604; Id., 746; 42 CA 687; 43 CA 801; 46 CA 791. Conviction for both possession and sale of narcotics does not violate prohibition against double jeopardy. 53 CA 661. Conviction of possession of narcotics and possession of narcotics with intent to sell violated defendant's right against double jeopardy. 78 CA 659. Conviction reversed because court failed to instruct jury on nonexclusive possession after jury explicitly requested instruction, and evidence was insufficient to prove element of control necessary for conviction. 116 CA 710. Subsec. requires only that defendant knew of narcotic character of substance, and does not require that defendant knew of illegal character of substance; conviction of conspiracy to possess narcotics under Subsec. and conspiracy to possess narcotics with intent to sell under Sec. 21a-277(a) constitutes double jeopardy. 137 CA 733. Cited. 41 CS 454. Subsec. (b): Cited. 224 C. 593; 240 C. 365. Cited. 7 CA 588; 10 CA 7; 14 CA 445; 20 CA 808; 22 CA 62; judgment reversed, see 219 C. 529; 38 CA 29. Subsec. (c): Cited. 207 C. 35; 216 C. 185; 220 C. 38; 221 C. 518; 230 C. 385; 236 C. 561; 240 C. 489. Cited. 2 CA 605; 5 CA 441; 6 CA 394; 8 CA 158; 9 CA 15; Id., 667; 10 CA 532; Id., 561; 12 CA 225; Id., 274; 14 CA 356; Id., 388; 15 CA 251; 17 CA 108; Id., 142; Id., 635; 18 CA 819; 19 CA 296; 20 CA 183; Id., 321; 22 CA 10; 24 CA 678; 26 CA 667; 28 CA 575; 29 CA 843; 30 CA 550; 31 CA 278; judgment reversed, see 230 C. 385; 32 CA 811; 33 CA 432; 37 CA 801; 39 CA 175; Id., 526; 42 CA 640; 45 CA 679. Possession of illegal substance requires accused to have had knowledge of the character of the drug and its presence, and to have exercised dominion and control over it. 63 CA 284. Subsec. (d): Cited. 45 CA 679. Legislature intended for Subsec. to impose cumulative punishment. 50 CA 1.