Can You Still Be Arrested for Cannabis Crimes in CT?

 Posted on April 18, 2024 in Marijuana Possession

Cannabis use and possession have been legal in the state of Connecticut since July 1, 2021. Even so, if you exceed the allowed quantities or you attempt to sell, distribute, or manufacture marijuana as an individual, you can still be arrested.

If you are facing a charge for any cannabis offense, our Stamford drug charge defense attorney is ready to provide you with effective representation.

Possession and Use

The Nutmeg State permits residents to have up to 1.5 ounces of marijuana in their possession. Residents are allowed to have as much as five ounces in a locked container at home or in public.

Possession may consist of cannabis flower or concentrate. Residents 21 years of age and older and medical marijuana patients 18 years of age and older are allowed to grow three fully mature and three less-than-mature plants. A maximum of 12 marijuana plants is permitted for a household. 

Certain restrictions apply:

• The plants must not be visible from the street

• The plants must be grown in the person’s primary residence

• The plants cannot be in the same vicinity as someone under the age of 21 

Sale, Manufacturing, and Distribution

According to Connecticut law, a license is required for the sale or distribution of marijuana. This applies to distribution for recreational and medicinal purposes. 

Possession Penalties

While certain quantities are legal for recreational use, a person who possesses more than five ounces of cannabis will be guilty of a civil infraction and fined $500 for a first offense. A second offense is a misdemeanor, carrying a $500 fine and three months in prison. If an individual decides to carry more than 1.5 ounces open in public, this is a misdemeanor offense, punishable by one year in prison and a fine of $2,000.

Sale, Manufacturing, & Distribution Penalties

An individual found in possession of at least one kilogram of cannabis will be in violation of Connecticut General Statutes §21a-278(b). A first offense will earn you five years in prison, with a maximum of 20 years. A subsequent offense carries a mandatory minimum of 10 years in prison, with a maximum of 25 years.

Fighting Marijuana Charges

Certain defenses may be available in your situation. In most drug cases, the manner in which the police found the marijuana will be examined. Having a skilled Fairfield County drug charge defense attorney can mean the difference between a conviction and freedom. 

Common procedural violations for cannabis charges include:

The Cannabis Was Not in Plain Sight

A police officer can search your residence without a warrant if the drugs are in plain sight, like if you are growing a marijuana plant and have placed it on your windowsill. 

Police are well aware of the law and may state that the cannabis plant was visible from the street when, in fact, it was not. If you can prove that your rights were violated, any evidence collected from the illegal search will be thrown out. 

You Did Not Give the Police Consent to Search Your Home

Although there are situations in which a police officer can search your vehicle without your consent, the same does not apply to your home. If a police officer does not have probable cause or a warrant, you are allowed to refuse entry.

Accused of a Cannabis Crime? Contact our Stamford, CT Drug Charge Defense Attorney Immediately

Although widely available in the state, it is still possible to be arrested for a cannabis offense. If you have been recently arrested for a cannabis crime, our Fairfield County, CT drug charge defense attorney wants to hear from you. To schedule your free consultation, contact the Law Offices of Daniel P. Weiner online or by calling 203-348-5846.