2015

Connecticut ’s Marijuana LawsPresented by:

Francis J. Carino, Supervisory Assistant State’s Attorney

Laws Impacting Juveniles Decriminalizing Marijuana

Why we have the new law

The Office of Fiscal Analysis also estimates Connecticut would save $885,000 annually in prosecutor and public defender salaries as well as court costs. These savings reflect salaries associated with four State's Attorneys, two Public Defenders, four probation officers, court staff and associated fringe benefits.

Purpose: to reduce the number of people incarcerated for possessing small amounts of marijuana.

“As of February 2011 there were 21 individuals incarcerated with CGS 21a-279(c) as their primary charge. Although a case history is not currently available on these individuals, it is likely that their offenses do not fall into the category of possession of less than half an ounce of marijuana.” - Legislature’s nonpartisan Office of Fiscal Analysis http://www.cga.ct.gov/2011/FN/2011SB-01014-R01-FN.htm

Didn’t happen!

What the new law says

PA 11-71 AAC THE PENALTY FOR CERTAIN NONVIOLENT DRUG OFFENSES !Created two new offenses: 1. §21a-279a Possession of <½ ounce of marijuana and

classified it as a violation; 2. §21a-267(d) Possession of drug paraphernalia for use with

<½ ounce of marijuana and classified it as an infraction;

PA 11-71 AAC THE PENALTY FOR CERTAIN NONVIOLENT DRUG OFFENSES !Penalties: 1. §21a-279a Possession of <½ ounce of marijuana

➢ Penalty for (adults)18 year olds and older: ➢ 1st offense - $150 fine; ➢ 2nd and subsequent offenses - $200-$500 fine; ➢ 3rd offense - also drug education class;

!!!2. §21a-267(d) Possession of drug paraphernalia for use with

<½ ounce of marijuana ➢ Penalty for (adults)18 year olds and older is a fine between $35 and $90.

Possession of <½ ounce of marijuana is not “legal,” it just won’t get you incarcerated.

PA 11-71 AAC THE PENALTY FOR CERTAIN NONVIOLENT DRUG OFFENSES

Although(all(other(offenses(classified(as(violations(or(

infractions(committed(by(16(and(17(year(olds(are(

adult(matters,(these(two(are(“delinquent(acts”(for(

juveniles;(

!➢Maximum(penalty(for(any(nonCserious(“delinquent(

acts”(for(juveniles(17(and(under(is(a(commitment(to(

DCF((and(placement(outside(of(the(juvenile’s(home)(

for(up(to(18(months(with(possible(18(month(

extension.

!➢ license suspension for 60 days; or ➢ 150 day delay to obtain license.

PA 11-71� AAC THE PENALTY FOR CERTAIN NONVIOLENT DRUG OFFENSES

Persons under 21 convicted of possession of <½ ounce of marijuana or drug paraphernalia for use with <½ ounce of marijuana also face DMV consequences:

In recent surveys: 46% of adults ages 18 to 24 said they would prefer having internet access over a car;

15% of adults from the1950’s and 1960’s answered the same. Source: Gartner Research

50% of 16 year olds had acquired their license in 1978; in 2008, the number dropped to 30%;

Source: US DOT

85% of high school seniors had their license in 1996; in 2012, the number dropped to 73%;

Source: Centers for Disease Control

From 2006 to 2012, number of insured drivers 14 -19 dropped 12%; while the population in that age group dropped only 3%;

Source: Highway Loss Data Institute

PA#11%73## AA#REGULATING#THE#SALE#AND## # # # POSSESSION#OF#SYNTHETIC##MARIJUANA## # # # &#SALVIA#DIVINORUM#

Requires(the(Commissioner(of(Consumer(Protection(to(

add(synthetic(marijuana((KC2,(Spice)(and(salvia(

divinorum(to(the(list(of(controlled(substances.

PA#11%210# AAC#THE#DESIGNATION#OF#CERTAIN## # ## # # # SYNTHETIC#STIMULANTS#AS#CONTROLLED### # # # SUBSTANCES#

Same(for(Mephedrone(and(MDPV

Update:(these(substances(have(been(added(to(the(federal(&(state(Controlled(Substance(Schedule(1(making(the(retail(sale(or(possession(illegal(in(Connecticut.

Police say packages of synthetic marijuana packaged as Scooby Snax and Mad Hatter were meant to attract children. Police seized more than 2,000 bags of synthetic marijuana, worth around $30,000, Tuesday in Willimantic. (Garett Allison, Fox CT / September 25, 2012)

Courant.com!More Than 70 Bags Of Synthetic Marijuana Seized From Groton Store!By CHRISTINE DEMPSEY, cdempsey@courant.com!

The Hartford Courant!

6:46 AM EST, January 9, 2013!

GROTON!

Investigators seized more than 70 bags of synthetic marijuana during a raid on a convenience store Tuesday, town police said.!

The synthetic marijuana was packaged for sale, police said. Police also seized other synthetic drugs and drug paraphernalia, they said.!

Local officers joined the Naval Criminal Investigative Service to serve the search warrant at Cory's Food Mart, 208 Route 12. The warrant was part of a joint investigation of illicit drug trafficking in the town of Groton, including the sale and use of synthetic drugs — such as "spice" — and other hallucinogens.!

State revenue agents and members of the state Department of Consumer Protection's drug control division helped with the investigation, police said.!

No arrests were reported. The investigation continues, police said.!

!Copyright © 2013, The Hartford Courant!

courant.com/community/groton/hc-groton-synthetic-marijuana-0110-20130109,0,2001559.story

State police seize synthetic marijuana in Killingly By(Denise(Coffey(C(Staff(Writer(ReminderNews(C(Apr.(9,(2013

Connecticut(State(Police(seized(22(pounds(of(synthetic(marijuana((

during(a(traffic(stop(in(Killingly(on(March(30.(The(illegal(substance(was((

packaged(in(1,300(brightly(colored(bags.(Police(estimated(the(street((

value(to(be(approximately($20,000.(It(was(the(second(seizure(of((

synthetic(marijuana(in(a(month.(TwentyCone(pounds(of(the(substance((

were(found(during(a(traffic(stop(on(March(2,(in(Brooklyn.(!Sold(as(incense(or(herbal(smoking(blends(in(tin(foil(baggies,(what(looked(like(harmless(

dried(leaves(was(sprayed(with(a(combination(of(chemicals(that(would(mimic(the(effects(of((

getting(high.(The(attraction(was(threefold:(it(was(cheap(to(buy,(legal(and(it(didn't(show(up(on(

drug(screening(tests.(But(hidden(behind(colorful(packaging(and((snappy(names(like(K2,((Mad(

Hatter,(Scooby(Snacks(and(Bombay(Blue,(were(combinations(of(chemicals(that(are(sending(users(to(

emergency(rooms.(!The(drugs(have(been(linked(to(kidney(failure(and(heart(attacks(in(teens.(In(2011,(they(were((

responsible(for(more(than(11,000(ER(visits(and(almost(6,000(calls(to(poison(control(centers((

nationwide.(A(report(from(the(Michigan(Department(of(Public(Health(claims(that(11(percent(of(high(

school(seniors(have(tried(synthetic(marijuana.(!The(director(of(Day(Kimball(Hospital's(Emergency(Department(said(“What(we've(seen(in((

terms(of(reaction(to(this(drug(has(been(profound.”(Patients(have(come(in(with(hypertension,((

rapid(heart(beats,(nausea,(vomiting,(difficulty(breathing(and(chest(pains.(Their(vital(signs(can(be(off(the(

charts.(Patients(can(be(completely(confused(or(violent.((!“But(someone(using(marijuana(is(typically(more(sedate,”(said(Miro.(“With(synthetics,(it's(the((

complete(opposite.(They're(violent.(They're(thrashing(about.(They're(frightened.(They(don't(

know(what's(happening(to(them.(It's(awful(to(see.”

State Police Seize $610,000 Worth Of Synthetic Marijuana In Manchester

By KELLY GLISTA, Kglista@courant.com The Hartford Courant June 1, 2013 !MANCHESTER— More than 30,500 bags of synthetic marijuana were seized from a storage facility on Friday night, state police said. The marijuana has a street value of more than $610,000, according to state police. Troopers executed a search-and-seizure warrant on the location around 6:30 p.m. !The investigation was continuing on Saturday, and state police said they expect to make arrests.

Why the new law is difficult to enforce

Juvenile matters are confidential and information may only be released as provided by law. !The Legislature failed to enact a provision that mandates the juvenile court to notify DMV of conviction for purposes of DMV license sanctions;

How does DMV know a juvenile was convicted?

Possession of drug paraphernalia for use with <½ ounce of marijuana;

How do the police know?

Juvenile or Adult?

For 16 & 17 year olds, court jurisdiction is determined by three factors: ➢ the specific offense charged, ➢ the person’s age on the date of the offense, and ➢ the law in effect on the date of the offense.

For delinquency cases:

Age on date of offense

18

Juvenile Court Adult Court

➢ Generally, crimes committed prior to turning 18 are now handled in the Juvenile Court.

other than: ➢ a title 14 MV offense, ➢ a violation, ➢ an infraction, Except#the#new#marijuana#law!

Effective 7/1/12, a 16 or 17 year old will be handled as a juvenile if they violate a state law

Delinquency Cases

‣§53-344 Possession of tobacco by a person under age 18 is a violation; A 16 or 17 year old is handled as an adult. Penalty: fine up to $50 for 1st offense and a fine of $50 - $100 for each subsequent offense. ‣§30-89(b) Possession of alcohol by a person under age 21 is an infraction; A 16 or 17 year old is handled as an adult. Penalty: fine up to $99 for 1st offense and fine of $250 - $500 for each subsequent offense.

✓ There(is(one(set(of(rules(for(interviewing(adults,((

(((((another(set(of(rules(for(interviewing(16(&(17((((

(((((year(olds(and(yet(another(for(interviewing(kids((

(((((under(16.

Why is this difficult for the police?

✓ There(are(different(rules(for(the(secure(holding((

(((((of(adults(and(juveniles(at(the(police(station.

✓ The(release(options(available(to(the(police(are((

(((((different(for(adults(and(juveniles.

✓ The(court(that(will(hears(the(case(is(different(for((

(((((adults(and(juveniles.A(16(or(17(year(old(stopped(for(a(motor(vehicle(offense((adult(charge)(and(found(to(be(in(possession(of(a(small(

amount(of(marijuana((juvenile(charge)(is(both(a(juvenile(and(an(adult(at(the(same(time,(in(the(same(case.

Sec. 21a-279a. Penalty for illegal possession of small amount of cannabis-type substance.

(b) The law enforcement officer issuing a complaint for a violation of subsection (a) of this section shall seize the cannabis-type substance and cause such substance to be destroyed as contraband in accordance with law.

What do the police do with the evidence?

Juvenile cases must still be proven beyond a reasonable doubt.

§51-164n(h) & (i) In any trial for the alleged commission of an infraction or violation, the practice, procedure, rules of evidence and burden of proof applicable in criminal proceedings shall apply, except that in any trial for the alleged commission of an infraction under subsection (d) of section 21a-267 or a violation under subsection (a) of section 21a-279a, the burden of proof shall be by the preponderance of the evidence.

What do the police do with the evidence?

Medical Marijuana Sec. 21a-408

➢ Patient must be at least 18 years old; ➢ Requires written certification (not a prescription)

by a physician after the physician has: ➢ diagnosed the patient as having a debilitating

medical condition; and ➢ has prescribed, or determined that it is not in

the best interest of the patient to prescribe, prescription drugs to address the symptoms or effects for which the certification is being issued; and

➢ has explained the potential risks and benefits; ➢ Maximum of one-month’s supply (2.5 ounces) may

be possessed;

Medical Marijuana Sec. 21a-408

(2)(“Debilitating(medical(condition”(means:(((

✓(((cancer,(✓(((glaucoma,((

✓(((positive(status(for(HIV(or(AIDS,((✓( Parkinson’s(disease,((✓( multiple(sclerosis,((

✓(( damage(to(the(nervous(tissue(of(the(spinal(cord(with((

objective(neurological(indication(of(intractable(spasticity,((

✓( epilepsy,((✓( cachexia,((✓( wasting(syndrome,((

✓( Crohn’s(disease,((✓( posttraumatic(stress(disorder,(or(

✓(((any(medical(condition,(medical(treatment(or(disease(((

((((((approved(by(the(Department(of(Consumer(Protection(

Medical Marijuana Sec. 21a-408

UPDATE: sickle cell disease, arthritic psoriasis and a type of failed back surgery were voted to be added on 2/14/15, but Tourette's Disorder was rejected. To date, 3,648 patients have registered.

In#2015,#Bill###5892#would#“allow#children#access#to#palliative#use#of#marijuana#when#necessary#and#medically#appropriate.”

➢ May not be ingested: ➢ In any moving vehicle ➢ In a workplace ➢ On school grounds ➢ In a public place; ➢ In the presence of persons under 18; (direct

line of sight or exposed to second hand smoke)

➢ Producers must be licensed; ➢ Dispensaries must be licensed;

Medical Marijuana Sec. 21a-408

Kids’ Issues with Marijuana➢ Kids hear “decriminalization” and they think “legalization.”

➢ Kids think that because you can’t go to jail for possessing small amounts of marijuana, it must be okay.

➢ Kids hear that marijuana is now “medicine” and wonder how can it hurt them?

➢ Kids hear that their pop culture idols, celebrities, including the President, have smoked marijuana.

➢ Kids see their friends, parents, and even Grandma, smoke marijuana.

➢ Kids hear that recreational use of marijuana is permitted in other states.➢ Substance abuse treatment providers see a decrease in alcohol abuse but an increase in marijuana abuse.

199720052007200920122013

Alcohol(Use(by(Teens(1997(A(2013

Source:#CDC#Youth#Risk#Behavior#Survey

Drank#alcohol#before#age#13

Currently##drink#alcohol

Had#five#or#more#drinks#in#a#row

199720052007200920122013

Marijuana(Use(by(Teens(1997(A(2013

Source:#CDC#Youth#Risk#Behavior#Survey

Ever#used#marijuana

Tried#marijuana#before#age#13

Currently#use#marijuana

Girl(charged(with(bringing(marijuana(laced(cookies(to(school.(Other(student(hospitalized.(

Teen(charged(with(selling(marijuana(laced(cookies(on(school(bus.(

Student(charged(with(bringing(marijuana(laced(muffins(to(school.(Mother(also(arrested.(

What are we seeing?

‘Dabbing’ The method of inhaling butane hash oil (BHO) for a stronger, faster high. ‣BHO also goes by “ear wax,” “honey oil,” “shatter,”

“budda,” and “dabs” among other names. ‣Process: marijuana is placed into a tube and a

solvent, typically butane, is forced through it. ‣When the solvent evaporates off, it leaves just the

marijuana plant’s resins with THC levels reaching about 80 percent. ‣Users heat up a piece of metal, often a titanium

nail heated with a blowtorch, place a ‘dab’ of BHO on the end, and inhale the smoke created when the BHO evaporates.

Where(do(we(go(from(here?

Start(by(getting(the(facts.

Talk(to(your(kids.

Set(the(right(example.

Prepared(by:Francis J. Carino Supervisory Assistant State’s AttorneyOffice of the Chief State’s Attorney 300 Corporate PlaceRocky Hill, CT 06067Tel.: (860) 258-5826Fax: (860) 258-5858E-mail: francis.carino@ct.gov Juvenile law website: www.francis.carino.com