In recent years, attitudes about drugs have drastically changed. Marijuana is legal in nearly half of states, and doctors are exploring the benefits of microdosing psychedelic drugs. Yet drug possession is still a criminal charge in Connecticut – and could lead to time in jail and other consequences.
Connecticut has harsh drug laws, particularly for what seems to be more serious illegal drugs. If you are charged with a drug crime, you may be sentenced from anywhere from 1 year in jail to 5 years or more in prison. Our experienced Connecticut drug possession attorneys can help you achieve the best possible outcome, whether that means a favorable plea deal, entering into a diversionary program, or even getting the charges dismissed entirely.
The Sills Law Firm represents clients throughout Connecticut who have been charged with all types of drug offenses. We offer free initial consultations to help you understand your rights and options. Reach out today to talk to a member of our legal team about your case.
Connecticut Drug Possession Laws
In Connecticut, it is against the law to possess controlled substances. More specifically, Connecticut law provides that any person who possesses or has under their control any quantity of any controlled substance (except cannabis/marijuana), may be charged with a criminal offense. Simple possession is a Class A misdemeanor.
The state maintains a schedule of controlled substances. Drug charges are based in part on the type of controlled substance involved. There are five schedules, which range from more serious drugs (Schedule I) to less serious drugs (Schedule V):
- Schedule I Substances: the drugs in this category have no accepted medical use and a high potential for abuse. Examples of Schedule I drugs include heroin, LSD, peyote, psilocybin, and nicocodeine. Many of these drugs are a type of hallucinogen (such as mushrooms).
- Schedule II Substances: the drugs in this grouping have an accepted medical use, but a high potential for abuse. Examples of Schedule II drugs include morphine, methadone, cocaine, oxycodone, amphetamine, methamphetamine, and codeine.
- Schedule III Substances: drugs in this schedule have accepted medical use and a lower potential for abuse than Schedule I and II drugs. They include derivatives of barbituric acid, sulfondiethylmethane, sulfomethane, nalorphine, benzphetamine, and chlorphentermine.
- Schedule IV Substances: drugs in this category have a lower potential for abuse. It includes medications such as phentermine, diazepam (Valium, lorazepam (Ativan), and dextropropoxyphene (Darvon).
- Schedule V Substances: these drugs have a lower potential for abuse. It includes medications that contain some quantity of narcotics for anti-cough and antidiarrheal uses.
Previously, marijuana was a Schedule I drug in Connecticut. Today, it is legal in Connecticut for l for adults aged 21 or possess or consume up to half of an ounce of marijuana. However, marijuana is still considered a controlled substance under federal law, and it is possible to be charged with a federal drug crime for marijuana possession.
Importantly, drug possession charges aren’t limited to the possession of illegal drugs. It is possible to be charged with the crime if you are caught with prescription drugs if you do not have a valid, legal prescription for them. For example, while Xanax is a prescription medication, if you bought a few pills from a friend, you could be charged with a crime because you don’t have a prescription. A Connecticut drug possession lawyer can help you understand your rights when it comes to these types of charges.
Penalties for Drug Possession in Connecticut
The penalty for a drug possession conviction depends on the type of substance involved, the quantity, and where you had the drugs. Generally, if you have a large quantity of drugs, then the police will likely charge you with possession with intent to sell, or drug trafficking. If you have a small amount of a controlled substance that is more clearly for personal use, then you will be charged with simple drug possession.
The potential sentence for a drug possession conviction in Connecticut may be:
- Possession of a hallucinogenic drug (such as LSD, ecstasy, or PCP): up to 5 years in jail and a fine of up to $2,000.
- Possession of narcotics (such as heroin, cocaine, or crack cocaine): up to 5 years in jail and a fine of up to $2,000.
- Possession of other controlled substances: up to 1 year in jail and a fine of up to $1,000.
- Possession of drugs in a school zone: a mandatory 2 years sentence on top of the underlying sentence if you possess illegal drugs within 1500 feet of a school or daycare.
- Possession of marijuana: if you are over the age of 21 and possess more than 1,5 ounces of marijuana in public, then you could be sentenced to up to 1 year in jail and a fine of up to $2,000. If you are under the age of 21 and possess any quantity of marijuana, you could be subject to the same penalties.
These penalties are all for first offenses. If you are convicted of a second or greater drug crime, then you could be facing an even lengthier jail or prison term, plus a much steeper fine.
Along with a drug possession charge, if you are caught with any drug paraphernalia – such as pipes, bongs, spoons, or needles – you could also be charged with possession of drug paraphernalia. This is a Class C misdemeanor, punishable by up to 3 months in jail.
In addition to court-imposed consequences, you may also face collateral consequences if you have a drug conviction. Having a criminal record, particularly related to drugs, can affect your ability to secure housing, a job, student loans, and public benefits. If you are facing any type of drug charge in Connecticut, reach out to one of our seasoned criminal defense lawyers as soon as possible for a free consultation.
Potential Defenses for a Drug Possession Charge
Being charged with a crime can be incredibly scary. You may be tempted to take any sort of plea deal offered by the DA to make it go away. Before doing so, you should talk to a lawyer. There are a variety of ways to fight a drug possession case in Connecticut.
One of the most common defenses in these cases involves a challenge to the constitutionality of the search and seizure of drugs. Americans have the right to be free from warrantless searches and seizures. If the police illegally searched you, your car, or your home, then your criminal defense attorney can file a motion to dismiss. If successful, then the judge may throw out the results of the search and may even dismiss the charges against you.
Depending on the facts of the case, your lawyer may be able to make other factual or legal arguments to defend you. For example, if the illegal drugs were found in the backseat of your vehicle, your attorney may argue that you did not possess or control the drugs – that perhaps a passenger dropped them.
For first offenses, it may be possible to resolve the case without going to trial or even filing motions. In cases involving relatively minor amounts of a drug, the prosecutor may agree to “nolle” the charge, which means that they won’t prosecute it. The state will drop the case, and as long as you don’t get charged with another crime in the next 13 months, then the charge will be dismissed.
You may also be eligible for a diversionary program for a first offense. This may include programs like Drug Education/Community Service labor or Accelerated Rehabilitation (AR). Essentially, if you enter into one of these programs, then your charges will be dismissed if you comply with the program terms and finish it successfully.
Having a criminal record can affect your life negatively for years. While it may not always be possible to have the charges against you dismissed, you may still be able to get them reduced or to participate in alternative programs like Accelerated Rehabilitation. The best way to achieve a more favorable outcome is to work with a skilled Connecticut drug possession lawyer.
Charged with Drug Possession in Connecticut? Give Us a Call.
Many people struggle with substance abuse issues in Connecticut, which can often lead to criminal charges. If you are facing drug charges, you don’t simply have to plead guilty and go to jail. There are many potential defenses to drug crimes.
The Sills Law Firm fights to protect the rights of people who have been charged with all types of drug crimes, including possession, trafficking, and related offenses. We work hard to help our clients achieve the best possible outcome based on the specific facts of their case and their circumstances. To learn more or to schedule a free initial consultation with a Connecticut criminal defense lawyer, in our Hartford or Waterbury offices, call us at 866-971-8410 or fill out our online contact form.
