Possession of Illegal Drugs
Possession of Illegal Drugs is governed by Connecticut General Statutes S 21a-279 (a), which, in general terms, provides that any person who possesses or has under his/her control any quantity of any narcotic substance, except as authorized shall be punished.
This is a serious offense which carries heavy penalties and fines if convicted. Illegal drugs encompasses many different categories, including, but not limited to marijuana, hallucinogenic, narcotics and certain prescription drugs for which you do not have a prescription. The penalties imposed for possession of illegal drugs vary depending on the type of the drug and the amount of the drug in your possession (usually measured in grams or ounces). For example possession of marijuana generally carries lesser penalties than possession of narcotics. However, this scenario drastically changes depending on whether you have prior possession convictions as well as the amount of drugs found to be in your possession.
Penalties also depend on whether this is your first or subsequent possession offense. For example, a first offense of possession of marijuana carriers a penalty of up to one year in jail, while a second offense carriers a penalty of up to five years in jail. As previously stated, the penalties increase depending upon the amount of drugs found in your possession.
Penalties imposed under this offense also depend upon your location. Possession of illegal drugs within fifteen hundred feet of a school zone or daycare can increase both the fines and penalties you are facing. This fact holds true regardless of whether you are aware that you were at or near a school or daycare at the time you possessed the drug.
The circumstances surrounding the possession (i.e. amount of drugs, location) also determines the classification of the particular offense, i.e. a misdemeanor or felony as well the penalties imposed, including terms of imprisonment which cannot be reduced or suspended in any manner.
A skilled criminal attorney should be able to determine if the state can prove its case or if there are reasonable defenses. For those who are suffering from drug or alcohol addictions, there are treatment programs available that could reduce or eliminate jail time.
There are also programs available to persons charged with this offense, provided eligibility requirements are met; which, after completion would result in a dismissal of the charges.