The Connecticut General Assembly
OFFICE OF LEGISLATIVE RESEARCH
.ISTARTMIS-------------------------
.I NAME: 1132.RPT
.I COMP: 8/22/96
.I REVW: FUR000
.I PAGES: 4
.I TITLE: SENTENCES FOR SELLING OR POSSESSING ILLEGAL DRUGS
.I NOTES: LC
.I REPLACE:
August 22, 1996 96-R-1132
TO:
FROM: Sandra Norman-Eady, Senior Attorney
RE: Sentences for Selling or Possessing Illegal Drugs
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.
PENALTIES FOR DRUG OFFENSES
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.
Table 1: Drug Sale Crimes
| Description of Offense |
Authorized Penalties |
|
Sale of heroin, cocaine, or methadone directly causing the user's death: capital felony Cite CGS § 53a-54b(6)7 |
Life imprisonment without possible early release or death sentence if jury finds that certain statutory factors exist and there no mitigating factors |
|
Sale by nonaddict of at least: 1 oz. of heroin, cocaine, or methadone; 5 mg. of LSD; or .5 mg. of crack Cite: CGS § 21a-278(a) |
Mandatory minimum 5- to 20-year jail term, possible maximum term of life imprisonment |
|
Sale by nonaddict of at least 1kg. of marijuana, or any amount of narcotics, amphetamines, or other hallucinogens Youth or mental impairment; sentence can be reduced below mandatory minimum Cite: CGS § 21a-278(b) |
Minimum 5-year jail term up to a 20-year maximum Subsequent offenses: mandatory minimum 10-year jail term up to a 25-year maximum |
|
Sale of illegal drug within 1,500 feet of an elementary or secondary school, a licensed day care center, or a public housing project Cite: CGS § 21a-278a(b) |
Mandatory 2-year jail term running consecutively to jail term imposed for violating other drug sale law |
|
Sale of illegal drug to minor by nonaddict adult at least 2 years older than minor Cite CGS § 21a-278a(a) |
Mandatory 2-year jail term running consecutively to jail term imposed for violating other drug sale law |
|
Hiring minor to sell illegal drug in violation of 21a-277 or 21a-278 (described above) Cite: CGS § 21a-278(c) |
Mandatory 2-year jail term running consecutively to jail term imposed for violating other drug sale law |
|
Sale of any narcotics or hallucinogens other than marijuana Cite CGS § 21a-277(a) |
First offense: up to 15-year jail term, up to a $50,000 fine Second Offense: up to 30-year jail term, up to a $100,000 fine Subsequent offenses: up to 30-year jail term, up to a $250,000 fine *Alternative sentence: up to 3-year indeterminate jail term with conditional release by correction commissioner |
|
Sale of any other illegal drug Cite: CGS § 21a-277(b) |
First offense: up to 7-year jail term, up to a $25,000 fine Subsequent offenses: up to 15-year jail term, up to a $100,000 fine *Alternative sentence: up to 3-year indeterminate jail term with conditional release by correction commissioner |
Table 2: Drug Possession Crimes
| Description of Offense |
Possession |
|
Narcotics (i.e., heroin, cocaine, crack) Cite: CGS § 21a-279(a) |
First offense: up to 7-year jail term, up to a $50,000 fine Second offense: up to 15-year jail term, up to a $100,000 fine Subsequent offenses: up to 25-year jail term, up to a $250,000 fine *Alternative sentence: up to 3-year indeterminate jail term with conditional release by correction commissioner |
|
Dangerous hallucinogens or at least 4 oz.. of marijuana Cite: CGS § § 21a-279(b) |
First offense: up to 5-year jail term, up to a $2,000 fine Subsequent offenses: up to 10-year jail term, p to a $5,000 fine *Alternative sentence: up to 3-year indeterminate jail term with conditional release by correction commissioner |
|
Any other illegal drug or less than 4oz. of marijuana Cite: CGS § 21a-279(c) |
First offense: up to 1-year jail term, up to a $1,000 fine Subsequent offenses: up to 5-year jail term, up to a $3,000 fine |
|
Possession of illegal drugs within 1,500 feet of an elementary or secondary school or a licensed day care center Cite: CGS § 21a-279(d) |
Mandatory 2-year jail sentence running consecutively to jail term imposed for violating other drug possession laws |
PENALTIES ENACTED DURING PAST FOUR YEARS
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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