Conn. Crim. Jury Instr. 8.1

Drug Transactions

The statutes in Title 21, Chapter 420b, Dependency-Producing Drugs, define the entire

regulatory scheme for controlled substances, encompassing a broad range of prohibited acts from

illegal street sales to improper dispensing of such substances by doctors or pharmacists. The

statutes criminalizing the distribution of controlled substances (§§ 21a-277, 21a-278a, and 21a-

278a) include numerous verbs that describe the variety of transactions that may be punishable.

They are:

• manufactures

• distributes

• sells

• prescribes

• dispenses

• compounds

• transports with the intent to sell or dispense

• possesses with the intent to sell or dispense

• offers

• gives

• administers to another person

Note that § 21a-278a incorporates § 21a-277 and § 21a-278 but specifies a limited subset

of applicable transactions.

Of these, “administer,” “prescribe,” and “dispense” are defined in § 21a-240 in a very

specialized manner that applies to practitioners, which includes doctors, pharmacists, scientific

investigators, etc. See § 21a-240 (43). In State v. Jackson, 13 Conn. App. 288, 297 (1988), the

information charged the defendant with “possession with the intent to sell or dispense.” As the

statutory definition of “dispense” makes reference to practitioners, which was not applicable to

the defendant, the trial court instructed on the ordinary meaning of the word “dispense.” The

Appellate Court said that this was improper when there was an applicable statutory definition.

These verbs should, therefore, only be used in a case involving a practitioner.

Because the trial court is primarily faced with illegal street sales, the instructions in this

section are limited to “sells” and “possesses with the intent to sell.”

The definition of “sale” in § 21a-240 (5) encompasses a broad range of transactions. See

State v. Webster, 308 Conn. 43, 54-55 (2013) (sales includes offers to sell and attempts to

transfer narcotics; there is no requirement that a drug transaction be completed before liability

may be imposed); State v. Wassil, 233 Conn. 174, 193 (1995) (a gift of narcotics comes within

the meaning of the statutory definition of sale).

Defining the Controlled Substance

“Controlled substance” is defined as any “drug, substance, or immediate precursor in

schedules I to V, inclusive, of the Connecticut controlled substance scheduling regulations

adopted pursuant to section 21a-243.” There are numerous controlled substances within these

schedules. The trial court should ascertain which controlled substance is alleged. If the

substance is within such schedules, the court may instruct that if the jury finds it proved that the

substance is what it is alleged to be, it is included within the definition of a controlled substance.

State v. Nieves, 186 Conn. 26, 31 (1982); State v. Vessichio, 197 Conn. 644, 650 (1985), cert.

denied, 475 U.S. 1122, 106 S. Ct. 1642, 90 L. Ed. 2d 187 (1986); State v. Kiser, 43 Conn. App.

339, 359-60, cert. denied, 239 Conn. 945 (1996), cert. denied, 520 U.S. 1190, 117 S. Ct. 1478,

137 L. Ed. 2d 690 (1997).

In some cases, the parties may stipulate to the nature of the substance. See Stipulations,

Instruction 2.6-10.

There are statutory definitions for the following substances, which the court may

incorporate into the instructions as appropriate, depending on the nature of the substances alleged

in the information:

• Amphetamine-type substances

• Barbiturate-type drugs

• Cannabis-type substances

• Cocaine in a free-base form

• Hallucinogenic substances

• Marijuana

• Narcotic substance

• Opiate

• Opium poppy

• Other stimulant and depressant drugs

• Poppy straw

In some cases, the quantity of the substance determines the punishment. In these cases

the jury will have to make a determination that a certain amount of a given substance was

involved. Note that effective July 1, 2011, the possession of less than one-half ounce of a

cannabis-type substance is an infraction.

Lesser included offenses

Distribution of any controlled substance other than marijuana (§ 21a-277) is a lesser

included offense of distribution of certain quantities of specified controlled substances (§ 21a-

278). State v. Bradley, 60 Conn. App. 534, 546, cert. denied, 255 Conn. 921 (2000).

Possession (§ 21a-279) is a lesser included offense of possession with intent to sell (§

21a-277) as long as the substances are the same. State v. Johnson, 137 Conn. App. 733, 753

(2012), rev’d on other grounds, 316 Conn. 34 (2015).

Possession of narcotics (§ 21a-279) and possession of narcotics within 1500 feet of a

school (§ 21a-279 (d)) are separate offenses. State v. Otto, 50 Conn. App. 1, 20, cert. denied,

247 Conn. 927 (1998). But possession of cocaine under § 21a-279 (a) is a lesser included

offense of possession of cocaine with intent to sell under § 21a-278 (b) and possession with

intent to sell within 1500 feet of a school under § 21a-279 (d). State v. Barnes, 47 Conn. App.

590, 592 (1998).

Multiple offenses

Possession of two narcotic substances at the same time does not constitute two separate

offenses under § 21a-279 (a). State v. Rawls, 198 Conn. 111 (1985).

Distribution