Conn. Gen. Stat. » Title 21a — CONSUMER PROTECTION · Chapter 420b — Dependency-Producing Drugs
Connecticut General Statutes

Conn. Gen. Stat. § 21a-283a (2025)

Court authorized to depart from imposing mandatory minimum sentence

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Notwithstanding any provision of the general statutes, when sentencing a person convicted of a violation of any provision of this chapter, except a violation of subsection (a) or (c) of section 21a-278a, for which there is a mandatory minimum sentence, which did not involve the use, attempted use or threatened use of physical force against another person or result in the physical injury or serious physical injury of another person, and in the commission of which such person neither was armed with nor threatened the use of or displayed or represented by word or conduct that such person possessed any firearm, deadly weapon or dangerous instrument, as those terms are defined in section 53a-3, the court may, upon a showing of good cause by the defendant, depart from the prescribed mandatory minimum sentence, provided the provisions of this section have not previously been invoked on the defendant's behalf and the court, at the time of sentencing, states in open court the reasons for imposing the particular sentence and the specific reason for imposing a sentence that departs from the prescribed mandatory minimum sentence.

(P.A. 01-99, S. 1, 2; P.A. 04-234, S. 36; 04-257, S. 136.)

History: P.A. 01-99 effective July 1, 2001; P.A. 04-234, Sec. 36 repealed section, effective June 8, 2004; P.A. 04-257 subsequently preserved section by repealing Sec. 36 of P.A. 04-234, effective June 14, 2004.

The words “have not previously been invoked” are plain and unambiguous and are temporally related to the time of sentencing. 291 C. 373.

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Secs. 21a-284 and 21a-285. (Formerly Secs. 19-484 and 19-485). Suspension of prosecution for treatment for drug dependence; dismissal of charges. Order for treatment in addition to penalties on conviction; penalty for unauthorized departure from hospital. Sections 21a-284 and 21a-285 are repealed.

(1967, P.A. 555, S. 40, 41; 1969, P.A. 753, S. 21–24; 1971, P.A. 871, S. 94; P.A. 79-585, S. 2, 3, 15; P.A. 86-371, S. 32, 33, 45; P.A. 89-390, S. 36, 37.)

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Notes of Decisions
Cited in 5 cases, 2009–2018 · leading case: State v. Gelormino, 968 A.2d 379 (Conn. 2009).
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State v. Gelormino, 968 A.2d 379 (Conn. 2009). · cites it 46× “On appeal 3 from the judgment of conviction, the defendant claims that the trial court improperly *376 declined to consider a sentence of less than five years under General Statutes § 21a-283a, 4 which permits a court to depart from the statutorily prescribed mandatory minimum…”
State v. Evans, 189 A.3d 1184 (Conn. 2018). · cites it 2× “) See also General Statutes § 21a-283a (in sentencing defendant under certain narcotics statutes, including § 21a-278 [b], when facts of underlying offense "did not involve the use, attempted use or threatened use of physical force against another person or result in the…”
State v. Starks, 997 A.2d 546 (Conn. App. Ct. 2010). · cites it 4× “Third, the court rejected the defendant’s assertion that the sentencing court’s remarks during the sentencing proceeding, as set forth earlier in this opinion, reflected its belief that it lacked the authority to deviate from any statutorily prescribed minimum sentence in…”
Commonwealth v. Laltaprasad, 60 N.E.3d 326 (Mass. 2016). “Code § 15-18-8 (a) (2016); Conn. Gen. Stat. § 21a-283a (2016); Del. Code Ann.”
Hardison v. Comm'r of Corr., 152 Conn. App. 410 (Conn. App. Ct. 2014). · cites it 17× “1 General Statutes § 21a-283a provides: ‘‘Notwithstanding any provision of the general statutes, when sentencing a person convicted of a violation of any provision of this chapter, except a violation of subsection (a) or (c) of section 21a-278a, for which there is a mandatory…”
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