2011 Connecticut Code
Title 21a Consumer Protection
Chapter 420b Dependency-Producing Drugs
Sec. 21a-277. (Formerly Sec. 19-480). Penalty for illegal manufacture, distribution, sale, prescription, dispensing.

      Sec. 21a-277. (Formerly Sec. 19-480). Penalty for illegal manufacture, distribution, sale, prescription, dispensing. (a) Any person who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with the intent to sell or dispense, possesses with the intent to sell or dispense, offers, gives or administers to another person any controlled substance which is a hallucinogenic substance other than marijuana, or a narcotic substance, except as authorized in this chapter, for a first offense, shall be imprisoned not more than fifteen years and may be fined not more than fifty thousand dollars or be both fined and imprisoned; and for a second offense shall be imprisoned not more than thirty years and may be fined not more than one hundred thousand dollars, or be both fined and imprisoned; and for each subsequent offense, shall be imprisoned not more than thirty years and may be fined not more than two hundred fifty thousand dollars, or be both fined and imprisoned.

      (b) Any person who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with intent to sell or dispense, possesses with intent to sell or dispense, offers, gives or administers to another person any controlled substance, except a narcotic substance, or a hallucinogenic substance other than marijuana, except as authorized in this chapter, may, for the first offense, be fined not more than twenty-five thousand dollars or be imprisoned not more than seven years or be both fined and imprisoned; and, for each subsequent offense, may be fined not more than one hundred thousand dollars or be imprisoned not more than fifteen years, or be both fined and imprisoned.

      (c) No person shall knowingly possess drug paraphernalia in a drug factory situation as defined by subdivision (20) of section 21a-240 for the unlawful mixing, compounding or otherwise preparing any controlled substance for purposes of violation of this chapter.

      (d) As an alternative to the sentences specified in subsections (a) and (b) 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.

      (1967, P.A. 555, S. 36; 1969, P.A. 753, S. 18; 1972, P.A. 278, S. 24; P.A. 73-681, S. 26, 29; P.A. 74-332, S. 2, 6; P.A. 75-567, S. 65, 80; P.A. 84-170; P.A. 85-613, S. 61, 154; P.A. 87-373, S. 4.)

      History: 1969 act made provision applicable to persons possessing drugs with intent to sell or dispense and included cannabis-type drugs, made penalty optional rather than mandatory and allowed fine and/or imprisonment for subsequent offenses, previously wording required imposition of both, and added Subsec. (c) re indeterminate sentence; 1972 act substituted "substance" for "drug", made provisions applicable to persons distributing controlled substances, made Subsec. (a) specifically applicable to hallucinogenic or amphetamine-type substances as well as to narcotic and cannabis-type substances, made Subsec. (b) applicable to controlled substances other than those in Subsec. (a) and allowed indeterminate sentencing for violations of Subsec. (a) as well as of Subsec. (b); P.A. 73-681 inserted new Subsec. (c) re possession of drug paraphernalia and relettered former Subsec. (c) as Subsec. (d); P.A. 74-332 specified hallucinogenic substances "other than marijuana" and deleted references to "amphetamine- and cannabis-type substances" in Subsecs. (a) and (b), deleted minimum imprisonment terms of 5 years for first offense and 10 years for subsequent offenses in Subsec. (a), increased maximum terms from 10 to 15 years for first offense and from 15 (second offense) or 25 (third or more offense) years to 30 years for all offenses beyond the first and allowed imposition of both fine and imprisonment and increased maximum terms in Subsec. (b) from 2 to 7 years for first offense and from 10 to 15 years for subsequent offenses; P.A. 75-567 made slight change to wording of Subsec. (b) for clarity, substituting "except" for "other than"; Sec. 19-480 transferred to Sec. 21a-277 in 1983; P.A. 84-170 amended Subsec. (a) by increasing fine for sale of controlled substance which is a hallucinogenic substance other than marijuana, or a narcotic substance from $3,000 to $50,000 for the first offense and $5,000 to $100,000 for each subsequent offense; and amended Subsec. (b) by increasing fine for sale of controlled substance except a narcotic substance or a hallucinogenic substance, other than marijuana from $1,000 to $25,000 for the first offense and from $5,000 to $100,000 for each subsequent offense; P.A. 85-613 made technical change; P.A. 87-373 amended Subsec. (a) by adding a penalty for a second offense and increased the fine for a subsequent offense from $100,000 to $250,000.

      Annotations to former section 19-480:

      Drug possession not lesser included offense, when. 163 C. 62. Cited. Id., 105, 242. Cited. 204 C. 585.

      Cited. 3 CA 339.

      Section's intention was to prohibit the sale of marijuana. 31 CS 130. Classification of marijuana with dangerous psychoactive drugs, amphetamines and barbiturates, is irrational, unreasonable and in violation of equal protection clauses of state and federal constitutions. 32 CS 324.

      Subsec. (a):

      Conclusions reached by trial court as to impartiality of jurors are tested by the findings. Defendant must raise a contention of bias from the realm of speculation to the realm of fact "to rebut the finding". 161 C. 526. Venireman who was former police officer properly not excused for cause. 164 C. 224. Cited. 165 C. 83; Id., 599. Cited. 166 C. 268; Id., 569. Cited. 168 C. 395; Id., 520. Cited. 169 C. 322. Cited. 172 C. 18; Id., 593. Cited. 169 C. 692. Cited. 170 C. 12; Id., 206; Id., 469. Cited. 171 C. 18; Id., 600. Cited. 172 C. 223; Id., 385. Cited. 173 C. 197; Id., 344; Id., 431. Cited. 174 C. 405. Cited. 176 C. 170. Cited. 177 C. 391. Cited. 178 C. 422; Id., 704. Cited. 179 C. 121; Id., 239. Cited. 182 C. 335. Cited. 186 C. 437. Cited. 187 C. 335; Id., 469. Cited. 192 C. 388; Id., 488. Cited. 194 C. 1; Id., 331. Cited. 195 C. 70. Cited. 197 C. 67. Cited. 199 C. 591. Cited. 200 C. 82; Id., 412. Cited. 201 C. 505. Cited. 202 C. 541.

      Cited. 3 CA 400. Cited. 5 CA 207. Cited. 6 CA 546. Cited. 7 CA 354; Id., 403. Cited. 8 CA 63; judgment reversed, see 204 C. 585; Id., 248.

      Cited. 29 CS 134; Id., 333. Cited. 30 CS 211. Narcotic substance includes cocaine. Id., 267.

      Cited. 6 Conn. Cir. Ct. 574.

      Subsec. (b):

      Cited. 166 C. 126. Cross-examination of defendant on his knowledge of the drug he was charged with selling is proper when the matter was opened by questions on direct examination. 167 C. 379. Cited. 169 C. 416. Classification of marijuana, for penalty purposes, with substances generally considered more harmful is not so irrational and unreasonable as to violate equal protection clauses of U.S. and Connecticut constitutions. 171 C. 600. Cited. 179 C. 522. Factual basis for defendant's guilty plea insufficient since it did not reveal either the element of possession or the element of intent to sell or dispense. 180 C. 702. Cited. 181 C. 562. Cited. 186 C. 437. Cited. 194 C. 18. Cited. 202 C. 541.

      Cited. 5 CA 207. Cited. 6 CA 546.

      Evidence must show a relation between the amount of drugs and the prohibition of the statute. 6 Conn. Cir. Ct. 565, 571.

      Subsec. (c):

      Cited. 7 CA 477.

      Annotations to present section:

      Cited. 206 C. 90. Cited. 211 C. 258. Cited. 212 C. 195. Cited. 220 C. 6. Cited. 224 C. 253; Id., 322. Cited. 225 C. 650. Cited. 227 C. 32. Cited. 229 C. 385. Cited. 233 C. 174. Cited. 235 C. 477. Cited. 238 C. 692.

      Cited. 7 CA 660. Cited. 22 CA 567. Cited. 23 CA 571. Cited. 25 CA 21; Id., 318. Cited. 26 CA 779. Cited. 27 CA 596. Cited. 28 CA 34; Id., 126. Cited. 32 CA 724. Cited. 33 CA 432. Cited. 34 CA 166; Id., 595. Cited. 38 CA 815. Cited. 42 CA 640. Cited. 45 CA 282. Cited. 46 CA 321.

      Subsec. (a):

      Cited. 197 C. 644. Cited. 199 C. 354. Cited. 204 C. 156. Cited. 206 C. 81. Cited. 207 C. 35. Cited. 209 C. 1; Id., 98; Id., 423. Cited. 210 C. 480. Cited. 212 C. 485. Cited. 216 C. 185; Id., 402. Cited. 218 C. 239. Cited. 220 C. 38. Cited. 221 C. 595. Cited. 224 C. 347; Id., 593; Id., 627. Cited. 227 C. 456. Cited. 228 C. 59; Id., 281. Cited. 235 C. 405; Id., 539. Cited. 236 C. 216. Cited. 237 C. 81. Cited. 238 C. 380. Cited. 240 C. 799. Violation of Sec. 21a-279(a) is a lesser included offense in section 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. 7 CA 265. Cited. 8 CA 317; Id., 330; Id., 361. Cited. 9 CA 667. Cited. 10 CA 7; Id., 532. Cited. 11 CA 11; Id., 47; Id., 540; judgment reversed, see 209 C. 1. Cited. 12 CA 225; Id., 274; Id., 313. Cited. 13 CA 288. Cited. 14 CA 134; Id., 356; Id., 536; Id., 574; Id., 605. Cited. 15 CA 328; Id., 589. Cited. 16 CA 89; Id., 142; Id., 148; Id., 245; Id., 272; Id., 518. Cited. 17 CA 108; Id., 142; Id., 257; Id., 273; Id., 677. Cited. 18 CA 32; Id., 820. Cited. 19 CA 640; Id., 668. Cited. 20 CA 137; Id., 190; Id., 395. Cited. 21 CA 48; Id., 162; Id., 519; Id., 622. Cited. 22 CA 458; Id., 557; Id., 601. Cited. 23 CA 495; Id., 532; Id., 592; Id., 602; Id., 667; Id., 746; judgment reversed, see 221 C. 595; Id., 823. Cited. 24 CA 543; Id., 811. Cited. 25 CA 3; Id., 99; Id., 354. Cited. 26 CA 94; Id., 103; Id., 259. Cited. 27 CA 128; Id., 248. Cited. 28 CA 508; Id., 638. Cited. 29 CA 359; Id., 584; Id., 843. Cited. 30 CA 9; Id., 783. Cited. 31 CA 548. Cited. 33 CA 253; Id., 409. Cited. 34 CA 236; Id., 411; Id., 717; see 37 CA 509. Cited. 35 CA 107; Id., 360. Cited. 36 CA 161; Id., 488; Id., 546. Cited. 37 CA 205; Id., 509; Id., 561; judgment reversed, see 236 C. 216. Cited. 38 CA 588; Id., 621. Cited. 39 CA 110; Id., 369; Id., 550. Cited. 40 CA 288. Cited. 41 CA 180; Id., 604. Cited. 43 CA 448; Id., 555. Cited. 45 CA 110. Cited. 46 CA 791. Time not an essential element of the crime but may become material if defendant raises an alibi defense. 49 CA 323. Conviction for both possession and sale of narcotics does not violate prohibition against double jeopardy. 53 CA 661. Section is a lesser included offense of Sec. 21a-278(b), and where two convictions arose out of same act or transaction and were substantially identical, multiple punishments were improper. 60 CA 534. Defendant's conviction for sale of narcotic substance vacated where there was no evidence presented to support finding that the substance transferred was crack cocaine. 64 CA 596. There was sufficient evidence to prove beyond a reasonable doubt that defendant knowingly entered into conspiracy to possess a narcotic substance with intent to sell. 75 CA 223. Conviction of both possession of at least one-half gram of crack cocaine with intent to sell under Sec. 21a-278 and possession of powder cocaine with intent to sell under this section does not constitute double jeopardy. Id. The quantity of drugs is not sole dispositive factor in determining whether defendant had intent to sell; rather, intent is determined from the cumulative weight of circumstantial evidence and reasonable and logical inferences derived therefrom. 78 CA 659. Defendant was in constructive possession of cocaine when it was found in plain view on the floor of backseat of vehicle where defendant's feet had been when police officer first approached vehicle, and there was sufficient evidence of defendant's intent to sell narcotics where he had in his constructive possession forty-three individually packaged bags of various forms of cocaine, he was arrested in an area known for drug activity, he did not have any drug paraphernalia on his person to indicate personal use of drugs, and cash in small denominations and a cellular telephone were present in the vehicle. 110 CA 778. There was insufficient evidence that it was defendant who had hidden narcotics and insufficient evidence to buttress an inference of dominion and control by defendant; evidence was insufficient to show that defendant had requisite intent to sell narcotics. 123 CA 690.

      Subsec. (b):

      Cited. 205 C. 560. Cited. 230 C. 372; Id., 385; see also 37 CA 801. Cited. 236 C. 561. Cited. 239 C. 427.

      Cited. 6 CA 505. Cited. 8 CA 158. Cited. 10 CA 7. Cited. 11 CA 251; Id., 632. Cited. 12 CA 274. Cited. 14 CA 388. Cited. 17 CA 257. Cited. 18 CA 406. Cited. 19 CA 195. Cited. 20 CA 386. Cited. 27 CA 171. Cited. 30 CA 340; Id., 550; Id., 783. Cited. 31 CA 278; judgment reversed, see 230 C. 385; see also 37 CA 801; Id., 443. Cited. 32 CA 267. Cited. 34 CA 411. Cited. 37 CA 156; Id., 801. Cited. 38 CA 29. Cited. 42 CA 17.

      Subsec. (c):

      Cited. 214 C. 692. Cited. 227 C. 456. Cited. 228 C. 281.

      Cited. 8 CA 111. Cited. 10 CA 7; Id., 561. Cited. 20 CA 321. Cited. 21 CA 162. Cited. 22 CA 10. Cited. 33 CA 253.

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