Connecticut General Statutes 21a-278b – Penalty for illegal manufacture, distribution, sale, prescription administration or growing of cannabis or cannabis products
(a) No person may manufacture, distribute, sell, prescribe, dispense, compound, transport with the intent to sell or dispense, possess with the intent to sell or dispense, offer, give or administer to another person cannabis or cannabis products, except as authorized in chapter 420b or 420f or sections 21a-420n, 21a-420p, 21a-420r to 21a-420t, inclusive, or 21a-420w to 21a-420z, inclusive.
Attorney's Note
Under the Connecticut General Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $2,000 |
| Class B misdemeanor | up to 6 months | up to $1,000 |
| Class C misdemeanor | up to 3 months | up to $500 |
| Class D misdemeanor | up to 30 days | up to $250 |
Terms Used In Connecticut General Statutes 21a-278b
- Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by: (A) A practitioner, or, in the practitioner's presence, by the practitioner's authorized agent, or (B) the patient or research subject at the direction and in the presence of the practitioner, or (C) a nurse or intern under the direction and supervision of a practitioner. See Connecticut General Statutes 21a-240
- another: may extend and be applied to communities, companies, corporations, public or private, limited liability companies, societies and associations. See Connecticut General Statutes 1-1
- Dispense: means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling or compounding necessary to prepare the substance for the delivery. See Connecticut General Statutes 21a-240
- Distribute: means to deliver other than by administering or dispensing a controlled substance. See Connecticut General Statutes 21a-240
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Manufacture: means the production, preparation, cultivation, growing, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance by an individual for the individual's own use or the preparation, compounding, packaging or labeling of a controlled substance: (A) By a practitioner as an incident to the practitioner administering or dispensing of a controlled substance in the course of such practitioner's professional practice, or (B) by a practitioner, or by the practitioner's authorized agent under such practitioner's supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale. See Connecticut General Statutes 21a-240
- Person: includes any corporation, limited liability company, association or partnership, or one or more individuals, government or governmental subdivisions or agency, business trust, estate, trust, or any other legal entity. See Connecticut General Statutes 21a-240
- Prescribe: means order or designate a remedy or any preparation containing controlled substances. See Connecticut General Statutes 21a-240
(b) (1) Except as provided in subsection (c) or (d) of this section, any person eighteen years of age or older who violates subsection (a) of this section (A) for a first offense, shall be guilty of a class B misdemeanor, and (B) for any subsequent offense, shall be guilty of a class A misdemeanor.
(2) Any person under eighteen years of age who violates subsection (a) of this section shall be adjudicated delinquent pursuant to the provisions of section 46b-120.
(c) Any person eighteen years of age or older who violates subsection (a) of this section by manufacturing, distributing, selling, prescribing, compounding, transporting with the intent to sell or dispense, possessing with the intent to sell or dispense, offering, giving or administering to another person less than eight ounces of cannabis plant material, as defined in section 21a-279a, or an equivalent amount of cannabis products or a combination of cannabis and cannabis products, as provided in subsection (i) of section 21a-279a, (1) for a first offense, shall be fined not more than five hundred dollars, and (2) for any subsequent offense, shall be guilty of a class C misdemeanor.
(d) Any person eighteen years of age or older who before July 1, 2023, violates subsection (a) of this section by growing up to three mature cannabis plants and three immature cannabis plants in such person’s own residence for personal use (1) for a first offense, shall be issued a written warning, (2) for a second offense, shall be fined not more than five hundred dollars, and (3) for any subsequent offense, shall be guilty of a class D misdemeanor. If evidence of a violation of this subsection is found in the course of any law enforcement activity other than investigation of a violation of this subsection or section 21a-278 or 21a-279a, such evidence shall not be admissible in any criminal proceeding.