Sec. 21a-267. (Formerly Sec. 19-472a). Prohibited acts re drug paraphernalia.
Sec. 21a-267. (Formerly Sec. 19-472a). Prohibited acts re drug paraphernalia.
(a) No person shall use or possess with intent to use drug paraphernalia, as defined
in subdivision (20) of section 21a-240, to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack,
store, contain or conceal, or to ingest, inhale or otherwise introduce into the human
body, any controlled substance as defined in subdivision (9) of section 21a-240. Any
person who violates any provision of this subsection shall be guilty of a class C misdemeanor.
(b) No person shall deliver, possess with intent to deliver or manufacture with intent
to deliver drug paraphernalia knowing, or under circumstances where one reasonably
should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store,
contain or conceal, or to ingest, inhale or otherwise introduce into the human body, any
controlled substance. Any person who violates any provision of this subsection shall
be guilty of a class A misdemeanor.
(c) Any person who violates subsection (a) or (b) of this section in or on, or within
one thousand five hundred feet of, the real property comprising a public or private
elementary or secondary school and who is not enrolled as a student in such school shall
be imprisoned for a term of one year which shall not be suspended and shall be in addition
and consecutive to any term of imprisonment imposed for violation of subsection (a)
or (b) of this section.
(P.A. 80-224, S. 3; P.A. 89-256, S. 3; P.A. 90-214, S. 2, 5; P.A. 92-185, S. 3, 6; June Sp. Sess. P.A. 92-1, S. 3; P.A.
06-195, S. 16.)
History: Sec. 19-472a transferred to Sec. 21a-267 in 1983; P.A. 89-256 amended Subsec. (b) to increase the penalty
from a class C to a class A misdemeanor and added Subsec. (c) re an additional nonsuspendable term of imprisonment of
one year for any person who violates Subsec. (a) or (b) near a school and is not enrolled as a student in such school; P.A.
90-214 added Subsec. (d) re needle and syringe exchange program; P.A. 92-185 deleted Subsec. (d) re applicability of
Subsecs. (a) and (b) to the needle and syringe exchange program; June Sp. Sess. P.A. 92-1 amended Subsec. (c) to increase
the proximity distance to school property from 1,000 to 1,500 feet; P.A. 06-195 amended Subsecs. (a) and (b) by deleting
"inject" in conformity with redefinition of "drug paraphernalia" in Sec. 21a-240, effective June 7, 2006.
See Sec. 21a-270 re factors considered in considering materials to be drug paraphernalia.
See Sec. 21a-283a re authority of court to depart from prescribed mandatory minimum sentence.
Cited. 212 C. 223. Cited. 224 C. 494. Cited. 239 C. 235.
Subsec. (a):
Cited. 207 C. 35. Cited. 216 C. 185. Cited. 219 C. 557. Cited. 230 C. 372.
Cited. 9 CA 667. Cited. 10 CA 347. Cited. 11 CA 47. Cited. 12 CA 225. Cited. 13 CA 288. Cited. 14 CA 356. Cited.
17 CA 556; Id., 635. Cited. 20 CA 183; Id., 321. Cited. 22 CA 40; judgment reversed and case remanded to appellate court
for consideration of defendant's remaining claims, see 219 C. 577; Id., 431. Cited. 23 CA 123. Cited. 26 CA 553. Cited.
28 CA 575. Cited. 29 CA 694. Cited. 31 CA 443. Cited. 32 CA 267. Cited. 39 CA 369. Cited. 43 CA 339.
Subsec. (b):
Cited. 10 CA 532.