OFFICE OF LEGISLATIVE RESEARCH

02/14/99 98-R-1003

FROM: Sandra Norman-Eady, Senior Attorney

RE: Penalties for Illegal Drug Sale and Possession Crimes

You asked how the penalties have increased for the sale and possession of illegal drugs over the past few years.

Within the past five years, the most significant change to the drug laws has been to impose an enhanced or stiffer penalty for selling or possessing drugs within 1,500 feet of a licensed day care center. This stiffer penalty was already in place for selling or possessing drugs within the same distance of a school or housing project.

Legislation is introduced almost every session affecting drug sale and possession crimes. For example, this year legislation was introduced to make drug dealers liable for damages to those they harm. Another bill sought to impose a mandatory minimum prison sentence on anyone convicted of selling or possessing illegal drugs at or near a youth or teen center. Neither of these bills became law.

During the past year, we have had the occasion to compare Connecticut’s statutes on illegal drug possession to the Maine, Massachusetts, New Hampshire, New York, Rhode Island, and Vermont statutes. We found that the statutorily authorized penalties for possession are more severe in Connecticut than in neighboring states. New York’s penalties are the most lenient.

It is illegal for any person to possess or have under his control any narcotic, hallucinogenic, or other controlled substance. The penalty for personal drug possession in Connecticut depends on a number of different factors, including the amount and type of drug, where the criminal act takes place, the offender’s age, and whether the criminal act was a first or repeat offense. The statutorily authorized sentences for drug possession range from up to one year imprisonment, a $1,000 fine, or both for a first offense of possession of less than four ounces of marijuana to up to 25 years imprisonment, a $250,000 fine, or both for three or more convictions for possession of narcotics. Penalties for all drug possession crimes are enhanced when they occur within 1,500 feet of a school or licensed day care center. Table 1 shows the drug possession crimes, the Connecticut General Statutes citation for each offense, and the authorized penalty.

It is illegal for anyone to manufacture, distribute, sell, prescribe, dispense, compound, transport with intent to sell or dispense, possess with intent to sell or dispense, offer, give, or administer to another any controlled substance. The penalty for violating the law ranges from up to seven years for a first time offense of selling any drug, other than a narcotic or hallucinogen, to life imprisonment for causing another person’s death by selling heroin, cocaine, or methadone. Table 2 shows the drug sale crimes, the Connecticut General Statutes citation for each offense, and the authorized penalty.