History: 1969 act deleted limiting phrase "to the extent permitted by the federal narcotic laws" in Subsec. (e) and deleted
reference to compliance with "any additional requirements of federal narcotic laws" in Subsec. (f); 1972 act referred to
"substances" rather than "drugs" and to "Schedule II" substances rather than to "Class A" narcotics, limited provisions of
Subsec. (e) by adding "to the extent permitted by the Federal Controlled Substances Act", restated Subsec. (f) to specify
compliance with "any additional requirements" of food and drug laws and to specify federal drug law and added Subsecs.
(g) to (i); P.A. 73-681 added Subdiv. (7) in Subsec. (a) and prohibited issuance of prescription to "inanimate object or
thing" in Subsec. (b); P.A. 77-165 referred to "federal registry" number rather than "BNDD" number in Subsec. (a)(7)
and required one prescription per prescription blank; P.A. 77-277 added exception re Sec. 19-451a in Subsecs. (d) and (g);
P.A. 78-310 added Subsec. (j); P.A. 82-419 amended section to allow more than one prescription on a blank except in case
of schedule II substance, repealing Subsec. (g) which had required that filled prescriptions for controlled substances be
filed separately, chronologically and consecutively; Sec. 19-457 transferred to Sec. 21a-249 in 1983; P.A. 83-156 added
Subsec. (k) requiring filing of filled prescriptions for controlled substances separately, chronologically and consecutively;
P.A. 85-613 made technical changes, deleting provision in Subsec. (j) which had required controlled substance prescriptions
to be filed chronologically and consecutively; P.A. 91-224 amended Subsec. (c) to prohibit the prescription of Schedule
II sympathomimetic amines as anorectics except as authorized by regulation; P.A. 93-381 replaced department of health
services with department of public health and addiction services, effective July 1, 1993; P.A. 95-72 amended Subsecs. (d)
and (h) to permit the use of electronically transmitted prescriptions; P.A. 95-257 replaced Commissioner and Department
of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A.
95-264 amended Subsec. (j) to change "licensed" practitioner to "prescribing" practitioner (Revisor's note: The reference
in Subsec. (j) to "prescribing practitioner, as defined in subdivision (21) of ..." was changed editorially by the Revisors to
"prescribing practitioner, as defined in subdivision (22) of ..."); P.A. 97-64 added new Subsec. (1) re transfer of prescriptions; P.A. 00-182 amended Subsec. (l) by replacing reference to 21 CFR 1306.26 with reference to 21 USC 801 et seq.
and regulations promulgated thereunder; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer
Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec.
146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection,
effective June 1, 2004; P.A. 05-73 added Subsec. (m) re the prescribing of anabolic steroids for the sole purpose of enhancing
a patient's athletic ability or performance, effective May 31, 2005.
Sec. 21a-262. (Formerly Sec. 19-469). Commissioner's authority and duties re
controlled substances. When seizing authority may destroy. Disposal by long-term
care facilities and outpatient surgical facilities. (a) The Commissioner of Consumer
Protection may receive, take into custody or destroy excess or undesired controlled
substances and may in his discretion deliver, upon application, to any hospital, laboratory, incorporated college, scientific institution or any state or municipal agency or
institution not operated for private gain, any controlled substances that have come into
his custody by authority of this section. In the case of a care-giving or correctional
or juvenile training institution having an institutional pharmacy, the Commissioner of
Consumer Protection shall deliver such controlled substances only to the licensed pharmacist in charge of such pharmacy. The Commissioner of Consumer Protection may
receive and take into custody excess or undesired controlled substances from pharmacists, manufacturers and wholesalers or any other registrant. Said commissioner shall
keep a full and complete record of all substances received and of all substances disposed
of, showing the exact kinds, quantities and forms of such substances, the persons from
whom received and to whom delivered, by whose authority received, delivered and
destroyed, and the dates of the receipt, disposal or destruction. Controlled substances
and preparations shall at all times be properly safeguarded and securely kept. Minimum
security and safeguard standards for the storage, manufacture, sale or distribution of all
controlled substances shall be established by regulations adopted hereunder. Controlled
substances seized or held as contraband or controlled substances, the title to which
cannot be resolved, which controlled substances are not held by law enforcement agencies or court officials as evidence in criminal proceedings, shall be, upon the order of the
court, destroyed by the seizing authority or delivered to the Commissioner of Consumer
Protection as soon as possible upon resolution of the case or upon ascertaining the status
of the unclaimed substance. The agent of the Commissioner of Consumer Protection
shall issue a receipt for all such substance obtained. Any loss, destruction or theft of
controlled substances shall be reported by a registrant within seventy-two hours to the
Commissioner of Consumer Protection as follows: (1) Where, through breakage of the
container or other accident, otherwise than in transit, controlled substances are lost or
destroyed, the person having title thereto shall make a signed statement as to the kinds
and quantities of controlled substances lost or destroyed and the circumstances involved,
and immediately forward the statement to the Commissioner of Consumer Protection.
A copy of such statement shall be retained by the registrant; (2) where controlled substances are lost by theft, or otherwise lost or destroyed in transit, the consignee shall,
immediately upon ascertainment of the occurrence, file with the Commissioner of Consumer Protection a signed statement of the facts, including a list of the controlled substances stolen, lost or destroyed and documentary evidence that the local authorities
were notified. A copy of the statement shall be retained by the registrant. As used in
this section, "care-giving institution", "correctional or juvenile training institution",
"institutional pharmacy" and "pharmacist" shall have the same meaning as used in section 20-571.
(b) For each long-term care facility, two or more of the following persons may
jointly dispose of excess stock of controlled substances: A nursing home administrator,
a pharmacist consultant, a director of nursing services or an assistant director of nursing
services. Such facility shall maintain documentation of any such destruction and disposal
for a period of three years and such documentation shall be maintained in a separate log
and on a form prescribed by the department.
(c) For each outpatient surgical facility, as defined in section 19a-493b, two or more
of the following persons may jointly dispose of excess stock of controlled substances:
An administrator, a clinical director or chief of staff, or a nursing supervisor. Such
facility shall maintain documentation of any such destruction and disposal for a period
of three years and such documentation shall be maintained in a separate log and on a
form prescribed by the department.
(1967, P.A. 555, S. 25; 1969, P.A. 593, S. 13; 1972, P.A. 278, S. 16; P.A. 73-681, S. 12, 29; P.A. 76-77, S. 6; P.A. 84-44, S. 2; P.A. 92-181, S. 1, 3; P.A. 95-264, S. 59; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; P.A. 05-212,
S. 4.)
History: 1969 act required that controlled drugs be delivered only to licensed pharmacist where pharmacy is in care-giving, correctional or juvenile training institution; 1972 act substituted "substances" for "drugs"; P.A. 73-681 transferred
powers of health commissioner to commissioner of consumer protection and added provisions re delivery of controlled
substances held by law enforcement or court officials, etc. and re reports of loss, destruction or theft of controlled substances;
P.A. 76-77 allowed destruction of controlled substances upon court order as alternative to delivery to commissioner of
consumer protection; Sec. 19-469 transferred to Sec. 21a-262 in 1983; P.A. 84-44 deleted reference to controlled substances
held by law enforcement agencies or court officials as evidence in criminal proceedings and added provision re controlled
substances which are not held by law enforcement agencies or court officials as evidence in court proceedings; P.A. 92-181 provided that the commissioner could deliver controlled substances to any state or municipal agency not operated for
private gain; P.A. 95-264 added definition of care-giving, correctional and juvenile training institutions, institutional
pharmacy and pharmacist; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner
of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A.
03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004;
P.A. 05-212 designated existing provisions as Subsec. (a) and added Subsecs. (b) and (c) re disposal by long-term care
facilities and by outpatient surgical facilities, respectively, effective July 6, 2005.
Sec. 21a-278. (Formerly Sec. 19-480a). Penalty for illegal manufacture, distribution, sale, prescription or administration by non-drug-dependent person. (a)
Any person who manufactures, distributes, sells, prescribes, dispenses, compounds,
transports with the intent to sell or dispense, possesses with the intent to sell or dispense,
offers, gives or administers to another person one or more preparations, compounds,
mixtures or substances containing an aggregate weight of one ounce or more of heroin
or methadone or an aggregate weight of one-half ounce or more of cocaine or one-half
ounce or more of cocaine in a free-base form, or a substance containing five milligrams
or more of lysergic acid diethylamide, except as authorized in this chapter, and who is
not, at the time of such action, a drug-dependent person, shall be imprisoned for a minimum term of not less than five years nor more than twenty years; and, a maximum term
of life imprisonment. The execution of the mandatory minimum sentence imposed by
the provisions of this subsection shall not be suspended except the court may suspend
the execution of such mandatory minimum sentence if at the time of the commission
of the offense (1) such person was under the age of eighteen years, or (2) such person's
mental capacity was significantly impaired but not so impaired as to constitute a defense
to prosecution.
(b) Any person who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with the intent to sell or dispense, possesses with the intent to sell
or dispense, offers, gives or administers to another person any narcotic substance, hallucinogenic substance other than marijuana, amphetamine-type substance, or one kilogram or more of a cannabis-type substance except as authorized in this chapter, and
who is not at the time of such action a drug-dependent person, for a first offense shall be
imprisoned not less than five years nor more than twenty years; and for each subsequent
offense shall be imprisoned not less than ten years nor more than twenty-five years.
The execution of the mandatory minimum sentence imposed by the provisions of this
subsection shall not be suspended except the court may suspend the execution of such
mandatory minimum sentence if at the time of the commission of the offense (1) such
person was under the age of eighteen years, or (2) such person's mental capacity was
significantly impaired but not so impaired as to constitute a defense to prosecution.
(1971, P.A. 812, S. 1; 1972, P.A. 278, S. 25; P.A. 73-137, S. 10; P.A. 74-332, S. 1, 6; P.A. 87-373, S. 2; P.A. 01-195,
S. 92, 181; P.A. 05-248, S. 8.)
History: 1972 act substituted "substance" for "drug" and made provisions applicable to distributors and to hallucinogenic
or amphetamine-type drugs; P.A. 73-137 substituted "such action" for "his arrest" and added proviso re life imprisonment
penalty; P.A. 74-332 applied Subsec. (a) to substances containing specified amounts of heroin, methadone, cocaine or
LSD, imposing minimum term of five to twenty years and maximum term of life imprisonment and added provisions re
suspension of minimum term and added Subsec. (b) applicable to hallucinogenic, narcotic, amphetamine- or cannabis-type substances formerly dealt with in Subsec. (a), reducing minimum term for first offense from ten to five years, replacing
fifteen-year minimum and thirty-year maximum for second offense and thirty-five-year sentence for third or more offenses
with ten-year minimum and twenty-five-year maximum sentence for all offenses beyond the first and added provisions re
suspension of minimum sentence; Sec. 19-480a transferred to Sec. 21a-278 in 1983; P.A. 87-373 amended Subsec. (a) to
make provisions applicable to an aggregate weight of one-half gram or more of cocaine in a free-base form; P.A. 01-195
made technical changes in Subsecs. (a) and (b), effective July 11, 2001; P.A. 05-248 amended Subsec. (a) to decrease from
one ounce to one-half ounce the minimum aggregate weight of cocaine and increase from one-half gram to one-half ounce
the minimum aggregate weight of cocaine in a free-base form that subjects a person to the penalties of said Subsec.
Subsec. (b):
Circumstantial evidence at trial provided adequate evidentiary basis for jury to find that substance at issue was LSD,
which evidence included court's definition and description of LSD, defendant's statement re substance and manner of
ingestion and effect of substance on person who ingested it. 85 CA 575.
Sec. 21a-278a. Penalty for illegal manufacture, distribution, sale, prescription
or administration.
Evidence that was sufficient to prove violation of Sec. 21a-278 was, in this case, sufficient to prove violation of this
section. 85 CA 575.