(a) A person is guilty of smoking, otherwise inhaling or ingesting cannabis, as defined in section 21a-420, while operating a motor vehicle when he or she smokes, otherwise inhales or ingests cannabis, as defined in section 21a-420, while operating a motor vehicle upon a public highway of this state or upon any road of any specially chartered municipal association or of any district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks, or in any parking area for ten cars or more, or upon any private road on which a speed limit has been established in accordance with the provisions of section 14-218a or upon any school property. No person shall be convicted of smoking or otherwise inhaling or ingesting cannabis while operating a motor vehicle and possessing or having under such person’s control a controlled substance upon the same transaction. A person may be charged and prosecuted for either or each such offense, a violation of operating a motor vehicle while under the influence of any drug and any other applicable offense upon the same information.

Attorney's Note

Under the Connecticut General Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C misdemeanorup to 3 monthsup to $500
For details, see Conn. Gen. Stat.53a-36

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Terms Used In Connecticut General Statutes 53a-213a

  • Peace officer: means a member of the Division of State Police within the Department of Emergency Services and Public Protection or an organized local police department, a chief inspector or inspector in the Division of Criminal Justice, a state marshal while exercising authority granted under any provision of the general statutes, a judicial marshal in the performance of the duties of a judicial marshal, a conservation officer or special conservation officer, as defined in section 26-5, a constable who performs criminal law enforcement duties, a special policeman appointed under section 29-18, 29-18a, 29-18b or 29-19, an adult probation officer, an official of the Department of Correction authorized by the Commissioner of Correction to make arrests in a correctional institution or facility, any investigator in the investigations unit of the office of the State Treasurer, an inspector of motor vehicles in the Department of Motor Vehicles, who is certified under the provisions of sections 7-294a to 7-294e, inclusive, a United States marshal or deputy marshal, any special agent of the federal government authorized to enforce the provisions of Title 21 of the United States Code, or a member of a law enforcement unit of the Mashantucket Pequot Tribe or the Mohegan Tribe of Indians of Connecticut created and governed by a memorandum of agreement under section 47-65c who is certified as a police officer by the Police Officer Standards and Training Council pursuant to sections 7-294a to 7-294e, inclusive. See Connecticut General Statutes 53a-3
  • Person: means a human being, and, where appropriate, a public or private corporation, a limited liability company, an unincorporated association, a partnership, a government or a governmental instrumentality. See Connecticut General Statutes 53a-3
  • Vehicle: means a "motor vehicle" as defined in section 14-1, a snowmobile, any aircraft, or any vessel equipped for propulsion by mechanical means or sail. See Connecticut General Statutes 53a-3

(b) Smoking, otherwise inhaling or ingesting cannabis while operating a motor vehicle is a class C misdemeanor.

(c) No peace officer shall stop a motor vehicle for a violation of this section if such violation is the sole reason for such stop.