Sec. 21a-278. (Formerly Sec. 19-480a). Penalty for illegal manufacture, distribution, sale, prescription or administration by non-drug-dependent person.
Sec. 21a-278. (Formerly Sec. 19-480a). Penalty for illegal manufacture, distribution, sale, prescription or administration by non-drug-dependent person. (a)
Any person who manufactures, distributes, sells, prescribes, dispenses, compounds,
transports with the intent to sell or dispense, possesses with the intent to sell or dispense,
offers, gives or administers to another person one or more preparations, compounds,
mixtures or substances containing an aggregate weight of one ounce or more of heroin
or methadone or an aggregate weight of one-half ounce or more of cocaine or one-half
ounce or more of cocaine in a free-base form, or a substance containing five milligrams
or more of lysergic acid diethylamide, except as authorized in this chapter, and who is
not, at the time of such action, a drug-dependent person, shall be imprisoned for a minimum term of not less than five years or more than twenty years; and, a maximum term
of life imprisonment. The execution of the mandatory minimum sentence imposed by
the provisions of this subsection shall not be suspended, except the court may suspend
the execution of such mandatory minimum sentence if at the time of the commission
of the offense (1) such person was under the age of eighteen years, or (2) such person's
mental capacity was significantly impaired, but not so impaired as to constitute a defense
to prosecution.
(b) Any person who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with the intent to sell or dispense, possesses with the intent to sell
or dispense, offers, gives or administers to another person any narcotic substance, hallucinogenic substance other than marijuana, amphetamine-type substance, or one kilogram or more of a cannabis-type substance, except as authorized in this chapter, and
who is not, at the time of such action, a drug-dependent person, for a first offense shall
be imprisoned not less than five years or more than twenty years; and for each subsequent
offense shall be imprisoned not less than ten years or more than twenty-five years.
The execution of the mandatory minimum sentence imposed by the provisions of this
subsection shall not be suspended, except the court may suspend the execution of such
mandatory minimum sentence if at the time of the commission of the offense (1) such
person was under the age of eighteen years, or (2) such person's mental capacity was
significantly impaired, but not so impaired as to constitute a defense to prosecution.
(1971, P.A. 812, S. 1; 1972, P.A. 278, S. 25; P.A. 73-137, S. 10; P.A. 74-332, S. 1, 6; P.A. 87-373, S. 2; P.A. 01-195,
S. 92, 181; P.A. 05-248, S. 8; P.A. 06-196, S. 254; P.A. 07-217, S. 97.)
History: 1972 act substituted "substance" for "drug" and made provisions applicable to distributors and to hallucinogenic
or amphetamine-type drugs; P.A. 73-137 substituted "such action" for "his arrest" and added proviso re life imprisonment
penalty; P.A. 74-332 applied Subsec. (a) to substances containing specified amounts of heroin, methadone, cocaine or
LSD, imposing minimum term of 5 to 20 years and maximum term of life imprisonment and added provisions re suspension
of minimum term and added Subsec. (b) applicable to hallucinogenic, narcotic, amphetamine- or cannabis-type substances
formerly dealt with in Subsec. (a), reducing minimum term for first offense from 10 to 5 years, replacing 15-year minimum
and 30-year maximum for second offense and 35-year sentence for third or more offenses with 10-year minimum and 25-year maximum sentence for all offenses beyond the first and added provisions re suspension of minimum sentence; Sec.
19-480a transferred to Sec. 21a-278 in 1983; P.A. 87-373 amended Subsec. (a) to make provisions applicable to an aggregate
weight of one-half gram or more of cocaine in a free-base form; P.A. 01-195 made technical changes in Subsecs. (a) and
(b), effective July 11, 2001; P.A. 05-248 amended Subsec. (a) to decrease from one ounce to one-half ounce the minimum
aggregate weight of cocaine and increase from one-half gram to one-half ounce the minimum aggregate weight of cocaine
in a free-base form that subjects a person to the penalties of said Subsec.; P.A. 06-196 made technical changes in Subsec.
(a), effective June 7, 2006; P.A. 07-217 made technical changes in Subsec. (b), effective July 12, 2007.
See Sec. 21a-283a re authority of court to depart from prescribed mandatory minimum sentence.
Annotations to former section 19-480a:
Cited. 166 C. 439; Id., 620. This statute on its face does not violate the constitutional prohibition against cruel and
unusual punishment. 167 C. 328. Cited. 172 C. 16. Cited. 182 C. 142. Cited. 186 C. 26. Cited. 191 C. 360. Cited. 192 C.
383. Cited. 194 C. 589. Cited. 199 C. 359. Cited. 201 C. 605. Cited. 204 C. 377.
Subsec. (a):
Order directing defendant to submit to drug dependency examination is interlocutory and not appealable until conviction
and final judgment. 180 C. 290. Cited. 194 C. 612. Cited. 197 C. 67. Cited. 200 C. 412.
Subsec. (b):
Cited. 179 C. 239; Id., 522. Question of burden of drug dependency is one of first impression; held: That proof of drug
dependency constitutes an exemption under Sec. 19-474 and that burden of producing some substantial evidence of drug
dependency rests initially on defendant. 182 C. 142. Cited. 187 C. 469. Cited. 188 C. 183. Cited. 197 C. 67.
Annotations to present section:
Cited. 191 C. 360. Cited. 192 C. 383. Cited. 194 C. 589. Cited. 204 C. 377. Cited. 212 C. 195. Cited. 221 C. 595. Cited.
224 C. 322. Cited. 227 C. 32. Cited. 231 C. 514; Id., 941. Cited. 235 C. 477; Id., 487.
Cited. 9 CA 686. Cited. 13 CA 69. Cited. 19 CA 195. Cited. 26 CA 779. Cited. 27 CA 713. Cited. 32 CA 724. Cited.
35 CA 609. Cited. 36 CA 488; Id., 631. Cited. 41 CA 604. Cited. 42 CA 640. Defendant could not be convicted on one
set of facts of both possession of narcotics by a person who is not drug-dependent and simple possession of narcotics and
court ordered one sentence vacated. 60 CA 436.
Subsec. (a):
Cited. 200 C. 412. Cited. 211 C. 258. Institution of definite sentencing scheme for any felony under Sec. 53a-35a
implicitly repealed indeterminate sentencing aspect of this section. 214 C. 378. Cited in error as Sec. 21-278(a). 227 C.
32. Cited. 237 C. 81. Cited. 239 C. 427.
Cited. 10 CA 561. Cited. 11 CA 47. Cited. 15 CA 161. Cited. 16 CA 518. Cited. 18 CA 104. Cited. 30 CA 783. Cited.
45 CA 110. Design and effect of statute discussed, conviction for both possession and sale of narcotics does not violate
prohibition against double jeopardy. 53 CA 661. Conviction of both possession of at least one-half gram of crack cocaine
with intent to sell under this section and possession of powder cocaine with intent to sell under Sec. 21a-277 does not
constitute double jeopardy. 75 CA 223. Evidence was sufficient to support conviction of possession with intent to sell. Id.
Subsec. (b):
Cited. 205 C. 560. Cited. 211 C. 258. Cited. 214 C. 378; Id., 692. Cited. 215 C. 667. Cited. 216 C. 150, see also 26 CA
423., 27 CA 291., 223 C. 902, and 225 C. 10, reversing judgment. Cited. 217 C. 811. Cited. 218 C. 458. Cited. 219 C. 529;
Id., 752. Cited. 220 C. 6; Id., 628. Cited. 221 C. 518. Defendant bears burden of proving by preponderance of evidence
that she was drug-dependent. Id., 595. Cited. Id., 925. Cited. 223 C. 283; Id., 461; Id., 703. Cited. 224 C. 253. Cited. 225
C. 650. Cited. 226 C. 514. Cited. 229 C. 60. Cited. 236 C. 176. Cited. 238 C. 380. Cited. 239 C. 629. Cited. 241 C. 322;
Id., 650.
Cited. 7 CA 588. Cited. 8 CA 469. Cited. 10 CA 347. Cited. 11 CA 140. Cited. 13 CA 40. Cited. 14 CA 146; Id., 807.
Cited. 15 CA 519, see also 27 CA 291., 223 C. 902, and 225 C. 10., reversing judgment. Cited. 16 CA 18. Cited. 17 CA
104; Id., 114; Id., 556; Id., 635. Cited. 18 CA 175; Id., 184; Id., 716. Cited. 19 CA 265; Id., 277; Id., 478; judgment reversed,
see 216 C. 150., see also 27 CA 291. and 225 C. 10., reversing judgment, 223 C. 902, and 225; Id., 626; Id., 640; 668.
Cited. 20 CA 168; judgment reversed, see 215 C. 667; Id., 183; Id., 290; Id., 386; Id., 824. Cited. 21 CA 235; Id., 474; Id.,
506; Id., 519. Cited. 22 CA 1; Id., 62; judgment reversed, see 219 C. 529; Id., 303; Id., 567; Id., 665. Cited. 23 CA 358;
Id., 392; Id., 426; Id., 543; Id., 559; Id., 571; Id., 592; Id., 667; Id., 746; judgment reversed, see 221 C. 595. Cited. 24 CA
158; Id., 347; Id., 642; Id., 670; Id., 678. Cited. 25 CA 3; Id., 318; Id., 575. Cited. 26 CA 86; Id., 94; Id., 259; Id., 423, see
also 27 CA 291., 223 C. 902 and 225 C. 10 et seq., reversing judgment; Id., 472; Id., 667. Cited. 27 C. 171; Id., 307; Id.,
558; Id., 596. Cited. 28 CA 126; Id., 575. Cited. 29 CA 304; Id., 359; Id., 584; Id., 675; Id., 694. Cited. 30 CA 9; Id., 470;
Id., 654; Id., 712; Id., 783. Cited. 31 CA 548. Cited. 32 CA 84; Id., 505; Id., 811; Id., 831; Id., 842. Cited. 33 CA 253; Id.,
409; Id., 509; Id., 647. Cited. 34 CA 141; Id., 191; Id., 492; Id., 501; Id., 629. Cited. 35 CA 360. Cited. 36 CA 672. Cited.
37 CA 355; Id., 360; Id., 456; judgment reversed, see 236 C. 176; Id., 491. Cited. 38 CA 29; Id., 536. Cited. 39 CA 526;
Id., 550. Cited. 41 CA 47; Id., 772. Cited. 42 CA 1; Id., 264; Id., 500; Id., 537; judgment reversed, see 241 C. 650; Id.,
687; Id., 751. Cited. 43 CA 339. Cited. 45 CA 207; Id., 679. Court declines to distinguish prior case on due process challenge
to unitary adjudication of sale of narcotics and drug dependency. 47 CA 86. Cited re admission of, and sufficiency of,
evidence re conviction. 51 CA 824. Defendant's claim of drug dependency discussed and rejected. 62 CA 102. Trial court
improperly failed to provide definition of "drug dependency" in accordance with the term's statutory definition or otherwise
in its instructions to jury. 69 CA 505. Circumstantial evidence at trial provided adequate evidentiary basis for jury to find
that substance at issue was LSD, which evidence included court's definition and description of LSD, defendant's statement
re substance and manner of ingestion and effect of substance on person who ingested it. 85 CA 575. Defendant failed to
demonstrate that his two convictions under section, resulting from searches on the same day, constituted double jeopardy
because defendant was found with one stash of cocaine in his pocket, and a later search of his home found another stash
of different purity, reflecting different purposes related to the cocaine. Defendant did not demonstrate a due process violation
regarding jury instruction on nonexclusive possession of premises where narcotics were found. 93 CA 548. Circumstantial
evidence that defendant picked up package and was engaged in illicit activity was insufficient to support conviction of
possession of marijuana and possession with the intent to sell marijuana when essential element of offense, knowledge of
the character of the illegal substance, was lacking. 98 CA 458. Evidence sufficient to show defendant possessed requisite
knowledge for conviction under the statute. 110 CA 245.