2011 Connecticut Code
Title 21a Consumer Protection
Chapter 420b Dependency-Producing Drugs
Sec. 21a-267. (Formerly Sec. 19-472a). Prohibited acts re drug paraphernalia.

      Sec. 21a-267. (Formerly Sec. 19-472a). Prohibited acts re drug paraphernalia. (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 subdivision (9) of section 21a-240. 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. 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 in or on, or within one thousand five hundred feet of, the real property comprising a public or private elementary or secondary school and 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.

      (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.)

      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.

      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.

      Cited. 212 C. 223. Cited. 224 C. 494. Cited. 239 C. 235. Holdings in State v. Januszewski, 182 C. 142, and State v. Hart, 221 C. 595, that Sec. 21a-278(b) creates an exception for drug-dependent persons within meaning of section, upheld; holding in State v. Hart, 221 C. 595, that defendant must prove the 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.

      Subsec. (a):

      Cited. 207 C. 35. Cited. 216 C. 185. Cited. 219 C. 557. Cited. 230 C. 372.

      Cited. 9 CA 667. Cited. 10 CA 347. Cited. 11 CA 47. Cited. 12 CA 225. Cited. 13 CA 288. Cited. 14 CA 356. Cited. 17 CA 556; Id., 635. Cited. 20 CA 183; Id., 321. Cited. 22 CA 40; judgment reversed and case remanded to appellate court for consideration of defendant's remaining claims, see 219 C. 577; Id., 431. Cited. 23 CA 123. Cited. 26 CA 553. Cited. 28 CA 575. Cited. 29 CA 694. Cited. 31 CA 443. Cited. 32 CA 267. Cited. 39 CA 369. Cited. 43 CA 339.

      Subsec. (b):

      Cited. 10 CA 532.

      Subsec. (c):

      Testimony that conduct occurred within 1500 feet of a "public school" was insufficient to support finding that conduct occurred within 1500 feet of "an elementary or secondary school" because there are public schools that are neither elementary nor secondary schools. 113 CA 731.