Connecticut’s Recreational Cannabis Law

In 2021, the state of Connecticut became the fourth state to legalize the recreational use of marijuana. On June 18, the state legislature passed a bill into legislation that permitted individuals at the age of 21 and up the chance to consume or possess a certain amount of marijuana.

The bill also transformed state law to allow the government to participate in the taxation and regulation of cannabis products. Similar to many acts of legislation, there were those who opposed the passing of this bill, citing public safety risks. However, concern for the public’s safety was answered by the new funding behind the bill, which would be allocated for prevention and recovery services to help prevent the use of marijuana in minors.

How does the new recreational cannabis law affect the citizens of Connecticut?

For the citizens of Connecticut who are 21 and older, the new recreational cannabis law allows them to possess small quantities of marijuana on their person without being legally penalized. Individuals are allowed to either possess or consume up to 1.5 ounces of cannabis or contain up to five ounces of cannabis in a locked container in their home or in the trunk or glove compartment of their vehicle.

If the individual is discovered to possess or consume more than 1.5 ounces, he or she can still be charged with possession as a misdemeanor. For individuals under the age of 18 who possess more than five ounces of cannabis or a cannabis product, they will be issued a warning. After the second offense, consequences will begin to become more severe, including a mandatory referral to the youth services bureaus for minors.

Will cannabis users be allowed to consume marijuana publicly?

Another addition created by the recreational cannabis law is the mandatory designation of public areas where cannabis can be consumed publicly. The new recreational law allows marijuana to be consumed publicly in the same manner as cigarettes. In other words, there are certain designated areas outside where individuals will be permitted to consume marijuana, such as establishments where alcohol is served. Once these designated areas are established, marijuana smokers will be expected to abide by the same laws as cigarette smokers.

How does the new cannabis law affect traffic stops?

Prior to this cannabis law, law enforcement officials were allowed to use the odor of marijuana as probable cause to pull an individual over and search his or her vehicle. Thanks to the new recreational cannabis law, that action is now deemed illegal. Police officers can no longer use the smell of cannabis as reasonable suspicion or probable cause to conduct a search of any person or their vehicle.

This means that any evidence seized from the person or the person’s vehicle could be collected improperly and will not be admissible to use in a court of law. However, the new recreational law still considers it illegal to smoke marijuana in a vehicle. Because of this, law enforcement officials are still capable of testing drivers behind the wheel for any signs of impairment if it seems like the driver is under the influence of marijuana while operating a vehicle.

Why is law enforcement apprehensive about the recreational marijuana law?

The decision to make searches and seizures illegal based solely on the smell of marijuana odor is a cause for concern for law enforcement officials. Some police officers expressed that searches that were conducted after detecting the odor of marijuana led to the discovery of other violations like illegal weapons. No, some law enforcement officials are concerned that other violations will go unnoticed due to the fear of violating someone’s rights.

In addition to the new changes concerning searches and seizures, officers are concerned about the lack of a reliable test that can determine whether a driver is impaired from marijuana. To combat this concern, there will be a mandatory requirement for drivers to take a drug influence evaluation or risk losing their license starting in April 2022.

Additional concerns of CT law enforcement officials regarding sobriety tests

Because April 2022 is still a while away, and because there is no standard test set to determine whether a driver is impaired from marijuana, law enforcement officials are concerned that the number of drivers operating a vehicle while under the influence of marijuana will increase. Some police officers have even tried to argue that because individuals smoke marijuana and the smell lingers, it can be difficult to determine whether the person is in the middle of smoking marijuana or the smell is just lingering on the person. It will be interesting to see how police officers decide to handle this issue moving forward.

How do cannabis law updates impact a person’s past criminal record?

For individuals convicted of drug-related offenses under General Statutes § 21a-279(c) after January 1, 2000, and before September 30, 2015, the new recreational cannabis law has included a provision that permits individuals to expunge or erase those offenses from their person’s criminal record. Other marijuana-related criminal offenses might also be eligible for expungement.

Those convictions include either possession of four ounces or less of a cannabis-type product or use, possession, or intent to use drug paraphernalia with the intent to store, obtain, hide, ingest, or expose the human body in any way, shape, or form to cannabis. The opportunity to expunge convictions from criminal records can also apply to individuals who were convicted of manufacturing, selling, transporting, or selling cannabis in any way, shape, or manner. As long as the amount in question was less than or equal to either four ounces or the equivalent of six plants grown inside the person’s residence for personal use, the individual may be able to erase the conviction from their criminal record.

A criminal record can negatively affect you for the rest of your life. However, at Barry, Taylor & Levesque, our attorneys often work to have them permanently removed. Expungement is complicated, but our legal team is well-versed in pardons and erasures. To schedule a consultation with one of our drug charge defense lawyers, please call or fill out the contact form. Proudly serving Manchester, Hartford, and all of Connecticut.