2012 Connecticut General Statutes
Title 21a - Consumer Protection
Chapter 420b - Dependency-Producing Drugs
Section 21a-279 - (Formerly Sec. 19-481). Penalty for illegal possession. Alternative sentences. Immunity.

(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 one-half ounce or more but less than four ounces of a cannabis-type substance, except as authorized in this chapter, (1) 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 (2) 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.

(g) The provisions of subsections (a) to (c), inclusive, 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), (b) or (c) 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.

(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.)

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.

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.

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. 2 CA 605; 5 CA 496; Id., 552; 6 CA 247; 7 CA 477; Id., 588.

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. 1 CA 275; 2 CA 605; 7 CA 367. Court declined to review claim that statute was unconstitutionally vague. Id., 403. Cited. Id., 477; Id., 588.

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.

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.

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.