Possession of a Controlled Substance in Connecticut

All states regulate and monitor the possession for personal use of controlled dangerous substances (CDS), though each state classifies CDS differently. In Connecticut, well-known drugs like marijuana, heroin and cocaine, as well as the materials used to manufacture them, are classified as controlled substances.

Some CDS such as codeine, a common pain medication, may be possessed legally so long as the holder has a valid prescription.

How Connecticut Classifies CDS

Connecticut divides its CDS into five “schedules.”

• Schedule I CDS includes opiates, opium derivatives and their isomers, esters, ethers, salts and salts of isomers.
• Schedule II CDS includes opium poppy, opium straw, coca leaves, and amphetamines
• Schedule III CDS includes barbiturates, ketamine, and LSD.  
• Schedule IV CDS includes diazepam and zolpidem.
• Schedule V CDS includes substances that contain specific amounts of CDS and non-controlled medicinal ingredients.  

To understand the charges you face if you have been arrested for possession of CDS, you should consult the Connecticut Codes to see what drugs fit into each group.

(Connecticut Consumer Protection Code Sections 21a-243-7 through 21a-243-11.)

This article concerns possession for personal use only. Separate punishments apply to possession for sale or for manufacture of controlled substances. For information about possession of controlled substances for sale, see Sale of a Controlled Substance in Connecticut.

Possession and Criminal Penalties

In Connecticut, the criminal penalties depend on whether the CDS is a narcotic, non-narcotic, hallucinogen, or marijuana; and whether the defendant has any prior convictions. Unlawful possession of narcotics receives the highest penalty.

Narcotics

The unlawful possession of narcotics is punishable by incarceration, a fine, or both. Repeat offenders face harsher penalties.

• First offense. A first conviction for the possession of any narcotic substance is punishable by up to seven years of incarceration, a fine of up to $50,000, or both.
• Second offense. A second conviction for possession of any narcotic substance is punishable by up to 15 years of incarceration, a fine of up to $100,000, or both.
• Subsequent offenses. Subsequent convictions for possession of any narcotics are punishable by up to 25 years of incarceration, a fine of up to $250,000, or both. 

(Connecticut Consumer Protection Code Section 21a-279.)

Hallucinogens, cannabis, and non-narcotic CDS

The punishment for posessing hallucinogens, cannabis and non-narcotic CDS depends on the amount of the substance involved and whether the defendant has prior CDS convictions. The unlawful possession of hallucinogens, cannabis, and non-narcotic CDS is punishable by a period of incarceration, a fine, or both.

• A first conviction for the possession of any amount of hallucinogens, or more than four ounces of a cannabis-type substance, is punishable by incarceration of up to five years, a fine of up to $5,000, or both.
• Subsequent convictions for the possession of any amount of hallucinogens, or more than four ounces of a cannabis-type substance, is punishable by incarceration of up to five years, a fine of up to $5,000, or both.
• A first conviction for the possession of any CDS that is not a narcotic or a hallucinogen is punishable by up to one year of incarceration, a fine of up to $1,000, or both.
• A subsequent conviction for the possession of any CDS that is not a narcotics or a hallucinogen is punishable by up to five years of incarceration, a fine of up to $3,000, or both.
• A first conviction for the possession of less than four ounces of marijuana is punishable by up to one year of incarceration, a fine of up to $1,000, or both.
• A subsequent conviction for the possession of less than four ounces of marijuana is punishable by up to five years of incarceration, a fine of up to $1,000, or both.

(Connecticut Consumer Protection Code Section 21a-279.)

For more information on how Connecticut regulates marijuana, see Connecticut Possession of Marijuana Laws  and Driving Under the Influence of Marijuana in Connecticut.

Medical Marijuana

Under limited circumstances a patient diagnosed with a debilitating medical condition may be prescribed medical marijuana to treat or alleviate the patient’s symptoms.

For more information on medical marijuana laws in Connecticut, see Connecticut Medical Marijuana Laws..

(Connecticut Consumer Protection Code Section 21a-253.)

Enhanced Penalties for Possession Near a School

Possession of any CDS within 500 feet of a school or daycare center is punishable by an additional two years of incarceration.

Talk to an Attorney

If you are charged with possession of CDS, you face a lengthy incarceration and steep fines. You should meet with an experienced criminal defense attorney who regularly practices in your geographic area to discuss the facts of your case, any possible defenses, whether you should go to trial, and your rights regarding plea agreements.