2005 Connecticut Code - Sec. 21a-279. (Formerly Sec. 19-481). Penalty for illegal possession. Alternative sentences.

      Sec. 21a-279. (Formerly Sec. 19-481). Penalty for illegal possession. Alternative sentences. (a) Any person who possesses or has under his control any quantity of any narcotic substance, except as authorized in this chapter, for a first offense, may be imprisoned not more than seven years or be fined not more than fifty thousand dollars, or be both fined and imprisoned; and for a second offense, may be imprisoned not more than fifteen years or be fined not more than one hundred thousand dollars, or be both fined and imprisoned; and for any subsequent offense, may be imprisoned not more than twenty-five years or be fined not more than two hundred fifty thousand dollars, or be both fined and imprisoned.

      (b) Any person who possesses or has under his control any quantity of a hallucinogenic substance other than marijuana or four ounces or more of a cannabis-type substance, except as authorized in this chapter, for a first offense, may be imprisoned not more than five years or be fined not more than two thousand dollars or be both fined and imprisoned, and for a subsequent offense may be imprisoned not more than ten years or be fined not more than five thousand dollars or be both fined and imprisoned.

      (c) Any person who possesses or has under his 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 his 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.

      (d) Any person who violates subsection (a), (b) or (c) 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 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 two years, which shall not be suspended and shall be in addition and consecutive to any term of imprisonment imposed for violation of subsection (a), (b) or (c) of this section.

      (e) As an alternative to the sentences specified in subsections (a) and (b) and specified for a subsequent offense under subsection (c) of this section, the court may sentence the person to the custody of the Commissioner of Correction for an indeterminate term not to exceed three years or the maximum term specified for the offense, whichever is the lesser, and at any time within such indeterminate term and without regard to any other provision of law regarding minimum term of confinement, the Commissioner of Correction may release the convicted person so sentenced subject to such conditions as he may impose including, but not limited to, supervision by suitable authority. At any time during such indeterminate term, the Commissioner of Correction may revoke any such conditional release in his discretion for violation of the conditions imposed and return the convicted person to a correctional institution.

      (f) 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 defined in subdivision (49) of section 21a-240.

      (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.)

      History: 1969 acts made imposition of imprisonment optional rather than mandatory, added ten thousand dollar 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 three thousand to fifty thousand dollars for a first offense, from five thousand to one hundred thousand dollars for a second offense and from ten thousand to two hundred fifty thousand dollars 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 one thousand to one thousand five hundred feet; P.A. 94-233 amended Subsec. (d) to add 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.

      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.

      Annotations to former section 19-481:

      Cited. 162 C. 216, 309; 163 C. 104. Cited. 165 C. 83. Cited. 166 C. 126. Cited. 168 C. 623. Cited. 169 C. 322, 324.

      Cited. 28 CS 21; 29 CS 87. Narcotic substance includes cocaine. 30 CS 267.

      Motion to quash denied where bill of particulars and information sufficiently alleged crimes charged hereunder. 5 Conn. Cir. Ct. 134.

      Subsec. (a):

      Cited. 170 C. 469, 470; 171 C. 293, 294; 172 C. 172; id., 223, 224; 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." 172 C. 593. Cited. 173 C. 431, 432; 174 C. 153, 154. Cited. 178 C. 422; id., 704, 705; 179 C. 239, 241. Cited. 182 C. 335. Cited. 185 C. 104-106. Cited. 186 C. 26, 28. Cited. 187 C. 292, 293. Cited. 189 C. 35, 36. Cited. 194 C. 331, 333. Cited. Id., 589, 591-593. Cited. Id., 612, 613. Cited. 195 C. 70, 71, 75. Cited. Id., 624-626. Cited. 196 C. 471, 483. Cited. 197 C. 67, 69. Cited. Id., 219, 220; to the extent that [ital]State v. Kimbro stands for proposition that exercise of discretion by magistrate is reviewable only according to fixed analytical standards, overruled, see 219 C. 529 et. seq. Court determined that 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, 112, 119, 121, 122. Cited. 200 C. 82, 83. Cited. 201 C. 505, 515.

      Cited. 1 CA 275, 276. Cited. 2 CA 605, 607. Cited. 7 CA 367, 369, 370. Court declined to review claim that statute was unconstitutionally vague. 7 CA 403-409, 417. Cited. Id., 477, 478. Cited. Id., 588, 589.

      Sentence under this subsection must be in accordance with chapter 952. 31 CS 350.

      Subsec. (b):

      Cited. 167 C. 379. Cited. 179 C. 522, 539. Cited. 182 C. 142, 143; Id., 335, 336. Cited. 185 C. 104-106.

      Cited. 5 CA 496. Cited. 7 CA 477, 478. Cited. Id., 588, 589.

      Subsec. (c):

      Cited. 188 C. 183, 184. Cited. 194 C. 612, 614. Cited. 195 C. 624, 626. Cited. 197 C. 50, 52. Cited. 199 C. 591, 592. Cited. 205 C. 437, 439.

      Cited. 2 CA 605, 607. Cited. 5 CA 552, 553. Cited. 6 CA 247, 250. Cited. 7 CA 477, 478.

      Cited. 33 CS 129, 133. Cited. 38 CS 374, 375.

      Annotations to present section:

      Cited. 197 C. 644, 652. Cited. 206 C. 90, 91. Cited. 212 C. 223, 257. Cited. 219 C. 529, 551. Cited. 229 C. 285, 287. Cited. 242 C. 296.

      Cited. 1 CA 275. Cited. 13 CA 69, 74. Cited. Id., 175, 176. Cited. Id., 708, 709. Cited. 17 CA 102, 103. Cited. 22 CA 118. Cited. 26 CA 779, 782. Cited. 33 CA 409, 415. Cited. 41 CA 694, 695. Cited. 45 CA 207. Cited. 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.

      Subsec. (a):

      Cited. 197 C. 620, 621. Court determined that 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, 112, 119, 121, 122. Cited. 199 C. 354, 355. Cited. 204 C. 654, 655. Cited. 207 C. 35, 36. Cited. 209 C. 1, 5. Cited. Id., 23, 27. Cited. 212 C. 485, 488. Cited. 219 C. 557, 559. Cited. 220 C. 628, 629. Cited. 224 C. 163, 164. Cited. Id., 494, 496. Cited. 226 C. 514, 517. Cited. 236 C. 216, 241. Cited. 237 C. 81, 103.

      Cited. 2 CA 605, 607. Cited. 7 CA 588, 589. Cited. 8 CA 111, 112. Cited. 9 CA 185. Cited. Id., 667, 668. Cited. 10 CA 7, 9. Cited. Id., 532, 533, 545. Cited. Id., 561, 562. Cited. Id., 667, 668. Cited. 11 CA 11, 12, 15. Cited. Id., 47, 48. Cited. Id., 540, 541; judgment reversed, see 209 C. 1 et seq. Cited. 12 CA 225, 226, 228, 230, 234, 239. Cited. Id., 274, 275, 282, 287. Cited. 13 CA 69, 70. Cited. 14 CA 536, 537. Cited. 16 CA 245, 248. Cited. Id., 518, 520. Cited. 17 CA 556, 558. Cited 18 CA 32, 33. Cited. Id., 104, 106. Cited. 20 CA 241, 242. Cited. Id., 321, 323. Cited. Id., 336, 338, 339. Cited. 21 CA 568, 569. Cited. 22 CA 40, 41; judgment reversed and case remanded to appellate court for consideration of defendant's remaining claims. Cited. Id., 303, 304. Cited. Id., 431, 432, 435. Cited. Id., 601, 602, 606. Cited. 23 CA 50. Cited. Id., 123, 125. Cited. Id. 602, 604. Cited. Id., 667, 669. Cited. Id., 746, 747, 756, 758; judgment reversed, see 221 C. 595 et seq. Cited. 24 CA 158, 159. Cited. Id., 543, 545, 554. Cited. Id., 697, 698. Cited. 25 CA 354, 355. Cited. Id., 472, 473. Court declined to require any minimum amount or usability requirement before conviction may be had. Id., 624- 627, 629, 630. Cited. 26 CA 553, 555, 560, 563. Cited. Id., 667, 668. Cited. Id., 698, 699. Cited. Id., 779, 782. Cited. 27 CA 741, 742. Cited. 29 CA 675, 679. Cited. Id., 694, 698. Cited. Id., 801, 803; judgment reversed, see 229 C. 285 et seq. Cited. Id., 843-845, 856, 861-863. Cited. 30 CA 712, 713. Cited. 31 CA 178, 179. Cited. 32 CA 811, 813. Cited. 33 CA 432, 434. Cited. 34 CA 191-193. Cited. Id., 629, 630. Cited. 37 CA 355, 356. Cited. 38 CA 85, 86. Cited. Id., 536, 538. Cited. 39 CA 110-112, 121. Cited. 40 CA 762, 763. Cited. 41 CA 604, 605. Cited. Id., 746. Cited. 42 CA 687. Cited. 43 CA 801. Cited. 45 CA 207. Cited. 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.

      Cited. 41 CS 454, 455.

      Subsec. (b):

      Cited. 219 C. 529, 531. Cited. 224 C. 593, 595, 596. Cited. 240 C. 365.

      Cited. 7 CA 588, 589. Cited. 10 CA 7, 9. Cited. 14 CA 445, 446. Cited. 20 CA 808. Cited. 22 CA 62, 63; judgment reversed and case remanded to appellate court with direction to reverse judgment of trial court and to remand case to trial court for further proceedings, see 219 C. 529 et seq. Cited. 38 CA 29, 31.

      Subsec. (c):

      Cited. 207 C. 35, 36. Cited. 216 C. 185, 186. Cited. 220 C. 38, 40. Cited. 221 C. 518, 519. Cited. 230 C. 385, 386; see also 37 CA 801 et seq. Cited. 236 C. 561, 564. Cited. 240 C. 489.

      Cited. 2 CA 605, 607. Cited. 5 CA 441, 442. Cited. 6 CA 394. Cited. 8 CA 158, 159. Cited. 9 CA 15, 16. Cited. Id., 667, 668. Cited. 10 CA 532, 533. Cited. Id., 561, 562. Cited. 12 CA 225, 227, 228, 235. Cited. Id., 274, 276, 282, 287. Cited. 14 CA 356, 357. Cited. Id., 388, 389. Cited. 15 CA 251, 253. Cited. 17 CA 108, 109. Cited. Id., 142, 144. Cited. Id., 635, 636. Cited. 18 CA 819. Cited. 19 CA 296. Cited. 20 CA 183, 187, 188. Cited. Id., 321, 323. Cited. 22 CA 10, 11. Cited. 24 CA 678, 679. Cited. 26 CA 667, 668. Cited. 28 CA 575. Cited. 29 CA 843-845, 856, 861-863. Cited. 30 CA 550, 551. Cited. 31 CA 278, 280; judgment reversed, see 230 C. 385 et seq.; see also 37 CA 801 et seq. Cited. 32 CA 811, 813. Cited. 33 CA 432, 434. Cited. 37 CA 801, 803. Cited. 39 CA 175, 177. Cited. Id., 526, 528. Cited. 42 CA 640. Cited. 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 this subsec. to impose cumulative punishment. 50 CA 1.