AN ACT CONCERNING NONVIOLENT DRUG POSSESSION OFFENSES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (a) of section 21a-267 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):

(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 subdivision (9) of section 21a-240. Any person who violates any provision of this subsection shall [be guilty of a class C misdemeanor] have committed an infraction.

Sec. 2. (NEW) (Effective October 1, 2010) Any person who possesses or has under his control less than one ounce of a cannabis-type substance, except as authorized in chapter 420b of the general statutes, shall have committed an infraction.

Sec. 3. Subsection (c) of section 21a-279 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):

(c) Any person who possesses or has under his control any quantity of any controlled substance other than a narcotic substance, or a hallucinogenic substance other than marijuana or who possesses or has under his control one ounce or more but less than four ounces of a cannabis-type substance, except as authorized in this chapter, for a first offense, may be fined not more than one thousand dollars or be imprisoned not more than one year, or be both fined and imprisoned; and for a subsequent offense, may be fined not more than three thousand dollars or be imprisoned not more than five years, or be both fined and imprisoned.

Statement of Purpose:

To reduce costs to the state by reclassifying the use or possession of drug paraphernalia and the possession of a small amount of a cannabis-type substance as infractions rather than misdemeanors.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]