August 22, 1996 96-R-1132

You wanted to know what the sentences are for state drug sale and possession offenses. You also wanted a summary of any changes in these sentences within the past four years.

The penalties for drug crimes vary depending on the amount and type of drug, where the criminal act takes place, the age of the perpetrator, and whether it is a first or repeat offense. For example, the penalties for heroin or cocaine possession or sales are greater than those for selling or possessing marijuana. And the penalties for all drug sale and possession crimes are enhanced when they occur within 1,500 feet of a school. Also important is whether the crime was simple possession or possession with intent to sell. The latter carries a much stiffer penalty.

Table 1 shows the drug sale crimes, the Connecticut General Statutes citation for each offense, and the authorized penalties. Table 2 shows the same information for drug possession crimes.

Despite the statutorily authorized sentences and fines for drug sale or possession violations, courts have the authority, in some cases, to order a defendant convicted of a drug sale or possession crime to participate in an alternative sanctions program in lieu of paying a fine or incarceration. These programs include probation, accelerated rehabilitation, youthful offender, drug treatment, and alternative incarceration.

The General Assembly, during the past four year, has passed only one act concerning drug crime penalties—PA 94-233 (An Act Concerning Prison Sentences For Selling Or Possessing Controlled Substances In The Vicinity Of Day Care Centers).

This act (later codified as CGS §§ 21a-278a (b) and 21a-279) imposes a three-year mandatory minimum prison sentence on anyone convicted of manufacturing, distributing, selling, prescribing, dispensing, compounding, offering, giving, administering, or transporting or possessing with intent to sell or dispense illegal drugs in, on, or within 1,500 feet of a licensed day care center. It imposes a two-year mandatory minimum prison sentence on anyone possessing illegal drugs in, on, or within 1,500 feet of a child day care center. These penalties are in addition to and run consecutively with any time imposed for violating other drug laws.

In order for the mandatory penalties to apply, the child day care center must be identified by a sign posted in a conspicuous place and be licensed by the state to care for more than 12 children.

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