"Sale" is any form of
delivery which includes barter, exchange or gift, or offer therefor, and
each such transaction made by any person whether as principal,
proprietor, agent, servant or employee.
General Statutes § 21a-240 (50) (applies to Chapter 420b: Dependency
Producing Drugs, §§ 21a-240 -- 21a-283a).
Under this definition, there is no requirement that the narcotics be
delivered for consideration. State v. Wassil, 233 Conn. 174, 193
(1995); State v. Theriault, 38 Conn. App. 815, 824-25, cert.
denied, 235 Conn. 922 (1995). It is sufficient to define it as "any
form of delivery." Id., 192.
There is a
distinction between sale and possession with the intent to sell.
State v. Estrada, 71 Conn. App. 344, 356-57, cert. denied, 261 Conn.
934 (2002). "A person may possess narcotics without intending to sell
them, or possess narcotics legally and sell them illegally, or sell
narcotics without possessing them, making the crimes different offenses.
. . . The offense of possession of a narcotic substance with intent to
sell requires proof that the defendant possessed a narcotic substance.
There is no such requirement for the offense of the sale of a narcotic
substance." (Citation omitted; internal quotation marks omitted.)
State v. Mahon, 53 Conn. App. 231, 235 (1999). "To prove sale of a
narcotic substance, the state need not prove beyond a reasonable doubt
that the defendant knew the character of the substance. . . . [T]he
state need not prove that the defendant possessed the substance in
question. . . . The state need only prove that the defendant knowingly
sold the substance to another person and that the substance sold was a
narcotic." Id., 236.