Connecticut General Statutes § 21a-278: Sale of Narcotics by a Non-Drug-Dependent Person

Connecticut General Statutes § 21a-278 criminalizes the sale, distribution, or possession with intent to sell narcotics by a person who is not drug-dependent. This statute is one of the harshest in Connecticut’s drug laws, carrying severe mandatory minimum prison sentences. The term “non-drug-dependent” means the accused does not suffer from a substance use disorder at the time of the offense. Prosecutors often use this statute to target alleged “dealers,” even in cases where the amount of drugs involved is small.

While lawmakers intended § 21a-278 to punish major narcotics traffickers, police and prosecutors frequently apply it to ordinary individuals caught with moderate amounts of drugs—particularly heroin, fentanyl, and cocaine.

To convict someone under C.G.S. § 21a-278, the state must prove beyond a reasonable doubt that:

1. The substance was a narcotic.
   – Narcotics include heroin, cocaine, crack cocaine, fentanyl, and other opioids classified as Schedule I or II controlled substances.
2. The defendant knowingly possessed the narcotic.
   – Knowledge can be actual (direct possession) or constructive (control over where the drugs were located).
3. The defendant sold, delivered, or intended to sell the narcotic.
   – “Sale” is broadly defined and includes giving drugs to another person, even without money exchanged.
4. The defendant was not drug-dependent at the time of the offense.
   – The state must prove non-dependence. Defense attorneys can challenge this element by presenting medical or treatment evidence.

• Street-Level Sale: An undercover officer arranges to purchase heroin. The accused delivers a small amount for cash. Despite the small quantity, prosecutors charge § 21a-278 due to alleged non-drug-dependence.
• Possession with Intent: A driver is stopped for speeding. Police find several baggies of cocaine and cash in the car. Even without proof of an actual sale, prosecutors may file § 21a-278 charges.
• Overcharged Case: A user with 20 bags of heroin for personal use is charged under § 21a-278 based solely on packaging, despite being a long-term addict.

• C.G.S. § 21a-277 – Sale of Narcotics (no non-dependence requirement, lesser penalties).
• C.G.S. § 21a-279 – Possession of Narcotics.
• C.G.S. § 21a-267 – Possession of Drug Paraphernalia.
• C.G.S. § 21a-278a – Sale of Narcotics Near a School, Daycare, or Public Housing (additional mandatory penalties).

Fighting a charge under § 21a-278 requires an aggressive, multi-pronged defense:

Many drug cases stem from car stops, searches of homes, or wiretaps. If police lacked probable cause, violated your Fourth Amendment rights, or exceeded the scope of a warrant, evidence may be suppressed.

Possession of multiple baggies or cash is often misinterpreted as intent to sell. We use expert witnesses to explain personal-use packaging and addiction patterns.

Since non-dependence is an element of § 21a-278, demonstrating a substance use disorder can reduce charges to § 21a-277, which has no mandatory minimums.

Many narcotics prosecutions rely on informants. We cross-examine their credibility, motives, and prior criminal histories to weaken the state’s case.

Even in serious narcotics cases, skilled negotiation can lead to plea deals under § 21a-277, treatment-based resolutions, or entry into drug treatment programs when appropriate.

Convictions under C.G.S. § 21a-278 carry mandatory minimum sentences:

• First Offense:
  • 5-year mandatory minimum (no suspension)
  • Up to 20 years in prison and $25,000 fine
• Subsequent Offenses:
  • 10-year mandatory minimum
  • Up to 25 years in prison
• School Zone Enhancements (C.G.S. § 21a-278a):
  • Adds 3 years mandatory to the above penalties if within 1,500 feet of a school, daycare, or public housing.

These mandatory minimums mean judges have limited discretion—making early, aggressive legal intervention critical.

A § 21a-278 charge can destroy your future. Mandatory minimum prison time, a permanent felony record, and life-long consequences make it essential to fight back immediately.

Attorney Allan F. Friedman has over 30 years of experience defending serious narcotics cases across Stamford, Norwalk, Bridgeport, and statewide. We know how to challenge the state’s evidence, negotiate favorable outcomes, and protect your rights.

Call (203) 357-5555 today for a free, confidential consultation. We are available 24/7 to start building your defense.