CGS § 21a-277a — Sale / Possession With Intent to Sell a Narcotic or Hallucinogenic Substance

§ 21a-277a covers selling, giving, or possessing with intent to sell a narcotic or hallucinogenic substance (not cannabis). It also reaches offers to sell and transporting drugs with intent to sell. Prosecutors often use it when quantity, packaging, cash, or messages suggest more than personal use.

To convict under § 21a-277a, the State generally must show:

• You sold, gave, offered, transported with intent to sell, or possessed with intent to sell a controlled substance;
• The substance was a narcotic or a hallucinogen (not cannabis); and
• You acted knowingly (you knew the substance was there and what it was).

“Intent to sell” can be inferred from facts like multiple baggies, scales, ledgers, cash, coordinated texts/DMs, or observed hand-to-hand activity.

Penalties depend on the drug type and your record. Judges can also order probation, treatment, fines, and restitution where applicable.

Narcotic or hallucinogenic substances (treated under § 21a-277(a))

• First offense: Up to 15 years in prison and up to $50,000 in fines.
• Second offense: Up to 30 years in prison and up to $100,000 in fines.
• Third or subsequent: Up to 30 years in prison and up to $250,000 in fines.

Other controlled substances (non-narcotic, non-hallucinogen) under § 21a-277(b)

• First offense: Up to 7 years in prison and up to $25,000 in fines.
• Subsequent offense: Up to 15 years in prison and up to $100,000 in fines.

Alternative indeterminate option

• In some cases, the court may impose an indeterminate term up to 3 years, with the Commissioner of Correction having authority to conditionally release during that term.

Enhancers & related exposure

• Separate statutes can increase exposure, including alleged sales near schools/daycares/public housing or to minors, and “non–drug-dependent” sale/intent charges under § 21a-278 carry much harsher penalties if charged.

Bottom line: exposure can be severe, but sentencing is fact-specific. Early defense work aims to reduce the charge level, remove enhancers, and pursue treatment-based outcomes where possible.

• Illegal stop/search: Suppress evidence if police lacked a lawful basis for the stop, frisk, search, or warrant.
• No intent to sell / personal use: Attack inferences from packaging, cash, or messages; reframe as simple possession.
• No possession: Dispute actual or constructive possession (who controlled the item/location).
• Lab and chain issues: Demand strict proof of drug identity, purity, and weight; challenge chain of custody.
• Statements suppressed: Exclude unwarned, coerced, or scope-violating interviews.
• Treatment mitigation: Document substance-use disorder and engagement in treatment.
• Diversion/alternatives (where eligible): Explore Accelerated Rehabilitation (AR) or other treatment-based paths for first-time or lower-level cases.

Convictions can affect immigration, professional licenses, financial aid, employment and housing, and can trigger probation/parole or driver’s license consequences in related matters.

• Multiple baggies & scale in a backpack: A traffic stop leads to a backpack with 20 baggies of heroin, a digital scale, and $1,140 in small bills; texts read “2 for 80?” The State charges § 21a-277a, citing packaging, scale, cash, and messages as intent to sell.
• Observed hand-to-hand, no drugs on buyer: Officers watch a quick street exchange; the buyer ditches two wax folds. The seller has matching folds and tally notes. Even without recovering the buyer’s folds in hand, the State proceeds on observations and matching packaging.
• Apartment search after controlled buy: A controlled purchase is followed by a warrant; police find bulk cocaine, a press, empty vials, and bands. § 21a-277a is filed with a companion “drug factory” count.
• Innocent scenario — roommate’s locked closet: Police find packaged narcotics and a scale in a roommate’s locked closet. No fingerprints/DNA/texts/cash tie the tenant to the box, and the tenant lacked access. Defense attacks possession and access, seeking dismissal or acquittal.

• § 21a-277(a)/(b): Other sale/intent-to-sell subsections (by drug type)
• § 21a-278: Sale/intent with non–drug-dependent enhancements
• § 21a-278a: School/daycare/public housing zone & sale to minors enhancements
• § 21a-277(c): “Drug factory” (packaging/processing paraphernalia)
• § 21a-279: Simple possession
• § 21a-267: Drug paraphernalia

1) Do they have to prove an actual sale took place?
No. Offers to sell and possession with intent are enough. Intent can be inferred from packaging, quantity, cash, scales, ledgers, or coordinated messages.

2) What’s the difference between § 21a-277a and simple possession (§ 21a-279)?
§ 21a-279 targets personal use. § 21a-277a requires sale, offer, or intent to sell. Showing the facts fit personal use can drive a reduction.

3) Can texts or DMs alone prove intent to sell?
They can be powerful when paired with context (cash, baggies, surveillance). We scrutinize authorship, timing, edits, and missing context.

4) What if the drugs weren’t on me but in a car or apartment?
The State may argue constructive possession (dominion/control). We challenge access, ownership, and who actually controlled the space or container.

5) Do police need a warrant to search my phone?
Generally yes, absent a valid exception or consent. We challenge warrant scope, forensic extraction, and over-collection.

6) Is lab testing required to prove the substance?
Yes. The State must prove a narcotic or hallucinogen. We examine methods, chain of custody, purity/weight, and analyst credentials.

7) How do school-zone or “sale to a minor” factors affect my case?
They can increase exposure under related statutes. We verify distance measurements, maps, age proof, and whether the enhancement truly applies.

8) Am I eligible for Accelerated Rehabilitation (AR)?
Eligibility is case-specific and discretionary. Some first-time, lower-level cases may qualify; others with aggravators or priors may not. A strong mitigation package helps.

9) What if I’m drug-dependent—does that help or hurt?
It can avoid “non–drug-dependent” enhancements and support treatment-based resolutions. We document treatment to aid negotiations.

10) I’m not a U.S. citizen—what should I know?
Sale/intent offenses can be deportable/inadmissible. We tailor defense to seek immigration-safe outcomes where possible.

• Fast evidence demands (bodycam, lab packets, warrants, digital extractions)
• Motions to suppress unlawful searches and statements
• Independent lab review; challenge identity, purity, and weight
• Negotiations aimed at reductions to non-sale counts or AR (when eligible) and treatment-based outcomes
• Trial-ready defense when proof of possession or intent is thin

• Say nothing about facts to police or anyone else.
• Do not consent to searches.
• Preserve your phone and messages; keep receipts, videos, and witness info.
• Call (203) 357-5555 or fill out my contact form for a confidential consultation so we can protect your rights and start building leverage.