Can You Be Arrested for Marijuana in Connecticut Now That It’s Legal?
In 2021, the State of Connecticut joined other states in legalizing the use of marijuana. But even four years later, the question of whether you can still get arrested for marijuana is still at the forefront. This is because much like other new changes to the law, there are uncertainties for how it actually applies. The answer to the question is yes, in certain situations, and it depends on how much marijuana, where, how it’s used, and whether local laws are followed. Below is an overview of what is allowed, what is still prohibited, and when an arrest and other legal trouble is possible.
What Is Legal
Under Connecticut law:
Adults 21 and older may possess up to 1.5 ounces of cannabis on their person.
They may store up to 5 ounces in a locked container at home or in a locked glovebox or trunk of a vehicle.
Retail sale of cannabis to adults (21+) is legal but through licensed dispensaries under the Connecticut’s adult-use cannabis laws.
Home cultivation is allowed but under some conditions: the number of plants, being indoors, etc., though medical patients and recreational users may have different rules.
What Isn’t Legal & Where Arrests Can Still Occur
Even though possession and use is broadly legal under certain conditions, there remain a number of restrictions in Connecticut. Violating these can lead to arrests, fines, or other legal consequences. Here are the main cases:
Situation
Too much possession
If you have more than the legal limits, this can result in an infraction or misdemeanor depending on the amount. Examples of this would be having over 1.5 ounces in public or more than 5 ounces in a locked container.
Public consumption & location
Using/smoking/vaping marijuana is still prohibited in many public places, which is often misunderstood and overlooked. Some of these places include state parks, beaches, workplaces, hotels, and within 25 feet of an entrance to certain buildings. Further, many cities have local ordinances restricting where marijuana can be consumed. Violating these laws and restrictions can lead to fines or other legal penalties.
Use in vehicles
Consuming cannabis while driving or being under the influence of cannabis while driving remains illegal. Even if the cannabis isn’t being smoked or used while the vehicle is parked, there can still be legal consequences. You can be charged with a DUI for being under the influence of cannabis while driving or while being parked in a vehicle with the keys in the ignition or while the vehicle is under your control. The consequences of a DUI are steep in Connecticut, and after being arrested, the State can use evidence of THC in your blood or urine against you.
Illegal products & sale from unlicensed sources
Selling cannabis products illegal, which is selling without the proper state license, or selling products that don’t meet the strict required testing, packaging, and potency, is still illegal. Connecticut is still very strict when it comes to the sale of cannabis and violations like this can lead to infractions and criminal penalties.
Underage use
Anyone under the age of 21, similar to the laws on alcohol use, are still prevented from purchasing, possessing, and using cannabis. For juveniles under the age of 18, violations can lead to consequences with the juvenile court system and adults ages 18 to 21 can face consequences in criminal court.
Home cultivation
There are limits on how many plants individuals may have, whether they are mature or immature plants, and whether the plants are outdoors or indoors. Failing to comply with these restrictions can lead to penalties as well.
Can You Be Arrested Under These Prohibitions?
Yes, in certain situations. In Connecticut, many lower-level violations are handled as civil fines or infractions in community court, while more serious violations can lead to arrests and facing charges in criminal court. Here are some examples of how this plays out:
If you are found selling large quantities of cannabis unlicensed,
If you are impaired by cannabis and in your vehicle either driving or in some cases, parked in your vehicle,
If you possess cannabis over the legal limit or in prohibited places, depending on the context.
How To Protect Yourself
To safeguard yourself from law enforcement involvement, arrests, charges, and penalties, here are some important points to keep in mind:
Know the possession limits. Keep your possession under 1.5 ounces in public and 5 ounces or less in locked containers at your home or in your vehicle (if necessary).
Stick to private property or designated areas while consuming or smoking. Avoiding public spaces is best practice, unless rules explicitly allow it.
Avoid using marijuana while driving or operating any machinery, especially on public roads and in public spaces. Connecticut has very strict DUI laws in place, and you will face legal trouble if you do not avoid using and smoking marijuana in your vehicle.
Purchase from licensed dispensaries. Unregulated products and unlicensed sellers lead to unnecessary health risks and legal risks that can easily be avoided.
If you are under 21 years old, penalties for using cannabis are stricter and it doesn’t matter how much you have, where you got it, or whether a parent allowed you to have it, it can lead to fines, civil infractions, and penalties that could affect your future.
To Summarize . . .
Recreational cannabis is legal in Connecticut for adults over the age of 21 under defined conditions. However, legal doesn’t mean a free-for-all. There are many restrictions still in place. While most violations of cannabis laws are handled civilly, serious violations, like high amounts, unlicensed sales, and driving under the influence, can still lead to arrests and criminal charges.
If you or someone you know is facing potential charges, even under the new laws, it’s wise to consult with a criminal defense attorney who understands the current laws and has experience dealing with them. Please contact Attorney Emily Shouse for more information.
