Conn. Gen. Stat. § 21a-277

Current through the 2019 Regular and Special Sessions
Section 21a-277 - (Formerly Sec. 19-480). Penalty for illegal manufacture, distribution, sale, prescription, dispensing
(a)
(1) No person may manufacture, distribute, sell, prescribe, dispense, compound, transport with the intent to sell or dispense, possess with the intent to sell or dispense, offer, give or administer to another person, except as authorized in this chapter, any controlled substance that is a (A) narcotic substance, or (B) hallucinogenic substance.
(2) Any person who violates subdivision (1) of this subsection (A) 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, (B) 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 (C) for any 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)
(1) No person may manufacture, distribute, sell, prescribe, dispense, compound, transport with the intent to sell or dispense, possess with the intent to sell or dispense, offer, give or administer to another person, except as authorized in this chapter or chapter 420f, any controlled substance other than a (A) narcotic substance, or (B) hallucinogenic substance.
(2) Any person who violates subdivision (1) of this subsection (A) for a first offense, may be fined not more than twenty-five thousand dollars or imprisoned not more than seven years, or be both fined and imprisoned, and (B) for any subsequent offense, may be fined not more than one hundred thousand dollars or imprisoned not more than fifteen years, or be both fined and imprisoned.
(c) No person may 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 less, 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 the commissioner 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 the commissioner's discretion for violation of the conditions imposed and return the convicted person to a correctional institution.

Conn. Gen. Stat. § 21a-277

(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; P.A. 17-17, S. 1.)

Amended by P.A. 17-0017, S. 1 of the Connecticut Acts of the 2017 Regular Session, eff. 10/1/2017.

Annotations to former section 19-480: When drug possession not a lesser included offense. 163 Conn. 62. Cited. Id., 105, 242; 186 C. 437; 202 C. 541; 204 C. 585. Cited. 3 CA 339; 5 CA 207; 6 CA 546; 7 CA 477. Section's intention was to prohibit the sale of marijuana. 31 Conn.Supp. 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 Conn.Supp. 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 Conn. 224. Cited. 165 Conn. 83; Id., 599; 166 C. 268; Id., 569; 168 C. 395; Id., 520; 169 C. 322; Id., 692; 170 C. 12; Id., 206; Id., 469; 171 C. 18; Id., 600; 172 C. 18; Id., 223; Id., 385; Id., 593; 173 C. 197; Id., 344; Id., 431; 174 C. 405; 176 Conn. 170; 177 C. 391; 178 C. 422; Id., 704; 179 C. 121; Id., 239; 182 C. 335; 187 C. 335; Id., 469; 192 C. 388; Id., 488; 194 C. 1; Id., 331; 195 C. 70; 197 Conn. 67; 199 C. 591; 200 C. 82; Id., 412; 201 C. 505. Cited. 3 CA 400; 7 CA 354; Id., 403; 8 CA 63; judgment reversed, see 204 Conn. 585; Id., 248. Cited. 29 Conn.Supp. 134; Id., 333; 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 Conn. 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 Conn. 562; 194 Conn. 18. Evidence must show a relation between the amount of drugs and the prohibition of statute. 6 Conn. Cir. Ct. 565, 571. Annotations to present section: Cited. 206 C. 90; 211 C. 258; 212 C. 195; 220 C. 6; 224 C. 253; Id., 322; 225 C. 650; 227 C. 32; 229 C. 385; 233 Conn. 174; 235 C. 477; 238 C. 692. Cited. 7 CA 660; 22 CA 567; 23 CA 571; 25 CA 21; Id., 318; 26 CA 779; 27 Conn.App. 596; 28 CA 34; Id., 126; 32 Conn.App. 724; 33 CA 432; 34 CA 166; Id., 595; 38 Conn.App. 815; 42 CA 640; 45 CA 282; 46 CA 321. Subsec. (a): Cited. 197 Conn. 644; 199 C. 354; 204 Conn. 156; 206 C. 81; 207 Conn. 35; 209 C. 1; Id., 98; Id., 423; 210 C. 480; 212 C. 485; 216 Conn. 185; Id., 402; 218 C. 239; 220 C. 38; 221 Conn. 595; 224 C. 347; Id., 593; Id., 627; 227 Conn. 456; 228 C. 59; Id., 281; 235 C. 405; Id., 539; 236 C. 216; 237 C. 81; 238 C. 380; 240 Conn. 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. Defendant's conviction of possession of a narcotic substance with intent to sell under Subsec. must be vacated as a lesser included offense re his conviction of possession of a narcotic substance with intent to sell by a person who is not drug-dependent in violation of Sec. 21a-278(b); merger of convictions approach in 216 C. 699 overruled. 308 C. 242. Cited. 7 CA 265; 8 CA 317; Id., 330; Id., 361; 9 Conn.App. 667; 10 CA 7; Id., 532; 11 CA 11; Id., 47; Id., 540; judgment reversed, see 209 Conn. 1; 12 Conn.App. 225; Id., 274; Id., 313; 13 Conn.App. 288; 14 CA 134; Id., 356; Id., 536; Id., 574; Id., 605; 15 CA 328; Id., 589; 16 CA 89; Id., 142; Id., 148; Id., 245; Id., 272; Id., 518; 17 CA 108; Id., 142; Id., 257; Id., 273; Id., 677; 18 CA 32; Id., 820; 19 CA 640; Id., 668; 20 CA 137; Id., 190; Id., 395; 21 CA 48; Id., 162; Id., 519; Id., 622; 22 CA 458; Id., 557; Id., 601; 23 CA 495; Id., 532; Id., 592; Id., 602; Id., 667; Id., 746; judgment reversed, see 221 Conn. 595; Id., 823; 24 Conn.App. 543; Id., 811; 25 CA 3; Id., 99; Id., 354; 26 CA 94; Id., 103; Id., 259; 27 CA 128; Id., 248; 28 CA 508; Id., 638; 29 CA 359; Id., 584; Id., 843; 30 CA 9; Id., 783; 31 CA 548; 33 CA 253; Id., 409; 34 CA 236; Id., 411; Id., 717; 35 CA 107; Id., 360; 36 CA 161; Id., 488; Id., 546; 37 CA 205; Id., 509; Id., 561; judgment reversed, see 236 Conn. 216; 38 CA 588; Id., 621; 39 Conn.App. 110; Id., 369; Id., 550; 40 CA 288; 41 CA 180; Id., 604; 43 CA 448; Id., 555; 45 CA 110; 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; 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. 75 CA 223. The quantity of drugs is not sole dispositive factor in determining whether defendant had intent to sell; 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 43 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 Conn.App. 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. Defendant's conviction of possession of a narcotic substance with intent to sell in violation of Subsec. must be merged with his conviction of possession of a narcotic substance with intent to sell by a person who is not drug-dependent in violation of Sec. 21a-278(b), and his sentence for possession of narcotics with intent to sell must be vacated. 126 CA 323; judgment reversed in part re merger of convictions, see 308 Conn. 242. Conviction of conspiracy to possess narcotics under Sec. 21a-279(a) and conspiracy to possess narcotics with intent to sell under Subsec. constitutes double jeopardy and court must vacate conviction for lesser included offense of conspiracy to possess narcotics. 137 CA 733; judgment reversed in part re requirement that court vacate conviction, see 316 C. 34. Subsec. (b): Cited. 205 C. 560; 230 Conn. 372; Id., 385; 236 C. 561; 239 C. 427. Cited. 6 CA 505; 8 CA 158; 10 Conn.App. 7; 11 CA 251; Id., 632; 12 CA 274; 14 CA 388; 17 Conn.App. 257; 18 CA 406; 19 CA 195; 20 Conn.App. 386; 27 CA 171; 30 CA 340; Id., 550; Id., 783; 31 CA 278; judgment reversed, see 230 C. 385; Id., 443; 32 Conn.App. 267; 34 CA 411; 37 Conn.App. 156; Id., 801; 38 CA 29; 42 CA 17. Subsec. (c): Cited. 214 C. 692; 227 Conn. 456; 228 Conn. 281. Cited. 8 CA 111; 10 Conn.App. 7; Id., 561; 20 CA 321; 21 CA 162; 22 CA 10; 33 Conn.App. 253.