Section 21a-267 - (Formerly Sec. 19-472a). Penalty for use, possession or delivery of drug paraphernalia associated with a controlled substance other than cannabis. Immunity(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 section 21a-240, other than cannabis. 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, other than cannabis. 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 (1) with intent to commit such violation at a specific location that the trier of fact determines is (A) in or on the real property comprising a public or private elementary or secondary school, or (B) within two hundred feet of the perimeter of the real property comprising a public or private elementary or secondary school, and (2) 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.(d) The provisions of subsection (a) of this section shall not apply to any person (1) who in good faith, seeks medical assistance for another person who such person reasonably believes is experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance, (2) for whom another person, in good faith, seeks medical assistance, reasonably believing such person is experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance, or (3) who reasonably believes he or she is experiencing an overdose from the ingestion, inhalation or injection of intoxicating liquor or any drug or substance and, in good faith, seeks medical assistance for himself or herself, if evidence of the use or possession of drug paraphernalia in violation of said subsection was obtained as a result of the seeking of such medical assistance. For the purposes of this subsection, "good faith" does not include seeking medical assistance during the course of the execution of an arrest warrant or search warrant or a lawful search.(e) For purposes of this section, "cannabis" has the same meaning as provided in section 21a-240.Conn. Gen. Stat. § 21a-267
(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 ; P.A. 11-71 , S. 3 ; 11-210 , S. 2 .)
Amended by P.A. 23-0079, S. 10 of the Connecticut Acts of the 2023 Regular Session, eff. 7/1/2023.Amended by P.A. 21-0102, S. 22 of the Connecticut Acts of the 2021 Regular Session, eff. 10/1/2021.Amended by P.A. 11-0210, S. 2 of the the 2011 Regular Session, eff. 10/1/2011.Amended by P.A. 11-0071, S. 3 of the the 2011 Regular Session, eff. 7/1/2011. Cited. 207 C. 35 ; 212 Conn. 223 ; 216 C. 185 ; 219 C. 557 ; 224 C. 494; 230 C. 372 ; 239 C. 235 . Holdings in 182 C. 142 and 221 Conn. 595 that Sec. 21a-278(b) creates exception for drug-dependent persons within meaning of section upheld; holding in 221 Conn. 595 that defendant must prove exception of drug dependency by a preponderance of the evidence upheld; requirement that defendant prove drug dependency by a preponderance of the evidence is not unconstitutional. 290 C. 24 ; judgment superseded, see Id., 602. Cited. 9 CA 667 ; 10 CA 347 ; Id., 532; 11 CA 47 ; 12 Conn.App. 225 ; 13 Conn.App. 288 ; 14 CA 356 ; 17 CA 556 ; Id., 635; 20 CA 183 ; Id., 321; 22 CA 40 ; judgment reversed, see 219 C. 577 ; Id., 431; 23 CA 123 ; 26 CA 553 ; 28 Conn.App. 575 ; 29 CA 694 ; 31 CA 443 ; 32 CA 267 ; 39 CA 369 ; 43 Conn.App. 339 . Subsec. (c): Testimony that conduct occurred within 1,500 feet of a "public school" was insufficient to support finding that conduct occurred within 1,500 feet of "an elementary or secondary school" because there are public schools that are neither elementary nor secondary schools. 113 CA 731 ; judgment reversed, see 303 C. 760 .
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.