Operation of a Drug Factory

Charged with running a “drug factory” even though you only had a small amount of drugs or paraphernalia? You’re not alone—and we can help. Being charged with Operation of a Drug Factory in Connecticut is a serious felony that can change your life overnight. What might have started as a minor possession case can quickly escalate when police add this charge—even when only small amounts of drugs or simple paraphernalia are involved. Prosecutors use it to increase their leverage, and if convicted, you face harsh penalties, a felony record, and years of consequences.

At Allan F. Friedman Criminal Lawyer, we have over 30 years of experience as a Connecticut drug defense lawyer defending narcotics and felony drug cases in Stamford, Norwalk, Bridgeport, and throughout Fairfield County. We understand how law enforcement builds these cases and how to aggressively fight back.

Under Connecticut General Statutes § 21a-277(c), a person can be charged with Operating a Drug Factory if they possess drug paraphernalia in a place used to manufacture, mix, process, package, distribute, or store controlled substances.

• Paraphernalia alone can trigger the charge: You do not need to have drugs present. Scales, baggies, packaging materials, or other items can be used as the basis for an arrest.
• Broad definition of “Factory”: Defined by C.G.S. § 21a-240, a “factory” can be any building, room, vehicle, or location where controlled substances or equipment are found.
• Felony-Level Consequences: Unlike simple possession (C.G.S. § 21a-279) or paraphernalia possession (C.G.S. § 21a-267), Operation of a Drug Factory is a serious felony that prosecutors pursue aggressively.

This statute gives police wide discretion, and they often apply it in situations far removed from what most people would consider a “factory.”

One of the biggest frustrations we see as Connecticut narcotics crime attorneys is the overuse of this statute to upcharge minor cases:

We frequently defend clients arrested with personal-use amounts of narcotics who are charged with Operating a Drug Factory simply because they had:

• A small scale to verify purchases.
• Baggies to divide their own supply.
• Their personal stash separated into a few small containers.

These people are not running a drug factory, but the felony charge dramatically increases their exposure to prison time and gives prosecutors leverage in negotiations.

Often, this charge stems from routine traffic stops. Police may find paraphernalia in a car—such as rolling papers, a grinder, or a few empty baggies—and claim the car was a “drug factory.” We see this tactic used far too often.

Although Connecticut decriminalized small amounts of marijuana in 2011 and reduced penalties for narcotics possession in 2015, many law enforcement agencies responded by using Operation of a Drug Factory to keep charges severe.

A conviction for Operation of a Drug Factory in Connecticut is life-changing:

• First Offense Felony: Up to 15 years in prison and fines up to $50,000.
• Subsequent Offenses: Even longer prison terms.
• Collateral Consequences: Loss of employment, professional licenses, housing opportunities, and, for non-citizens, potential deportation.

The defense of these cases is fact-intensive. At Allan F. Friedman Criminal Lawyer, we start with a detailed review of:

• The timeline of your arrest—were your constitutional rights violated?
• Search and seizure issues—was the search legal? Can we suppress the evidence under C.G.S. § 54-33f?
• Your background—are you drug dependent? Have you used diversionary programs before?
• The evidence itself—were the items truly indicative of manufacturing, or were they consistent with personal use?

1. Challenging Illegal Searches: If evidence was obtained illegally, we move to suppress it, which often results in dismissal.
2. Proving Lack of Intent to Manufacture or Sell: Demonstrating that items were for personal use only, not distribution.
3. Drug Dependency & Treatment: Using programs like AR, DEP, and CADAC to secure dismissal and rehabilitation.
4. Negotiation & Charge Reduction: Often reducing felonies to misdemeanors or obtaining eligibility for diversionary programs.
5. Trial-Ready Representation: Preparing every case as if it will go to trial, scrutinizing evidence, and forcing the state to prove its case beyond a reasonable doubt.

Q1: Can I be charged even if I had no drugs, just paraphernalia?
A: Yes. Under C.G.S. § 21a-277(c), having packaging materials, scales, or similar items in a place allegedly used for drugs can lead to a charge.

Q2: What if the paraphernalia was for personal use only?
A: This is a strong defense. We can argue there was no intent to manufacture or distribute.

Q3: Is this always a felony?
A: Yes. “Operation of a Drug Factory” is always charged as a felony.

Q4: Can police charge this during a traffic stop?
A: Yes, but we frequently challenge these charges as overreach.

Q5: What are my chances of getting this charge dismissed?
A: With strong legal representation, many cases are dismissed or reduced.

Q6: Will a conviction affect my employment?
A: Yes. Felony convictions can prevent you from obtaining jobs, licenses, and housing.

Q7: Can non-citizens face deportation for this charge?
A: Yes. Drug felonies can trigger deportation under federal law.

Q8: Should I talk to police about my case?
A: No. Politely invoke your right to remain silent and request an attorney.

Q9: Can I use a diversionary program to avoid a conviction?
A: Often, yes—with the right lawyer advocating for you.

Q10: How soon should I hire a lawyer?
A: Immediately. Early defense can significantly improve your outcome.

Being accused of Operating a Drug Factory is serious—but it’s not hopeless. With the right defense, many of these cases can be reduced, dismissed, or resolved favorably.

At Allan F. Friedman Criminal Lawyer, we fight aggressively to protect your rights and your future. Serving Stamford, Norwalk, Bridgeport, and all of Fairfield County, we bring over 30 years of proven success in Connecticut drug crime defense.

Call (203) 357-5555 now for a free, confidential consultation. We are available 24/7 to protect your rights.