N.J. Model Criminal Jury Charge, N.J.S.A. 2C:35-5.3b

Approved 2/13/17

DISTRIBUTION1 OF A CONTROLLED DANGEROUS SUBSTANCE

(SYNTHETIC CANNABINOID)2

(N.J.S.A. 2C:35-5.3b)

Count of the indictment charges the defendant as follows:

(Read Indictment)

The pertinent part of the statute on which this indictment is based reads as follows:

It is a crime for any person knowingly or purposely to … distribute or

dispense … [choose appropriate synthetic cannabinoid chemical here,

either:

(1) Naphthoylindoles. Defined as any compound containing a 3- (1-naphthoyl)indole structure with substitution at the nitrogen atom of the

indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,

cyc1oalkylethyl, 1 -(N-methyl-2-piperidinyl)methyl, or 2 -(4-morpholinyl)ethyl group, whether or not further substituted in the

indole ring to any extent and whether or not substituted in the naphthyl

ring to any extent. This structural class includes but is not limited to:

JWH 015; JWH 018; JWH 019; JWH 073; JWH 081; JWH 122; JWH

200; JWH 210; JWH 398; AM 2201; and WIN 55 212.

(2) Naphthylmethy lindoles. Defined as any compound containing a

1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the

nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,

cycloalkylmethyl, cycloalkylethyl, 1 -(N-methyl-2-piperidinyl)methyl,

or 2-(4-morpholinyl)ethyl group, whether or not further substituted in

the indole ring to any extent and whether or not substituted in the

naphthyl ring to any extent. This structural class includes but is not

limited to: JWH-175; and JWH-184.

(3) Naphthoylpyr roles. Defined as any compound containing a 3- (1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of

the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,

cycloalkylethyl, 1 -(N-methyl-2-piperidinyl)methyl, or 2 -(4-morpholinyl)ethyl group, whether or not further substituted in the

pyrrole ring to any extent and whether or not substituted in the

naphthyl ring to any extent. This structural class includes but is not

limited to JWH 307.

1 This instruction is also to be used for dispensing of CDS-Synthetic Cannabinoids.

2 N.J.S.A. 2C:35-5.3b grades this offense for sentencing purposes by the quantity of the CDS

(synthetic cannabinoid) involved. Because the quantity of the CDS (synthetic cannabinoid) is an element

of the offense, N.J.S.A. 2C:35-5.3b. and c. require that this element be determined by t he jury.

Accordingly, this charge may need to be supplemented to add this element. Please see the Supplemental

Model Charge to Synthetic Cannabinoids Offenses concerning this required element of quantity.

DISTRIBUTION OF A CONTROLLED

DANGEROUS SUBSTANCE (SYNTHETIC CANNABINOID)

(N.J.S.A. 2C:35-5.3b)

(4) Naphthylmethylindenes. Defined as any compound containing a

naphthylideneindene structure with substitution at the 3-position of the

indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,

cycloalkylethyl, 1 -(N-methyl-2-piperidinyl)methyl, or 2 -(4-morpholinyl)ethyl group, whether or not further substituted in the

indene ring to any extent and whether or not substituted in the

naphthyl ring to any extent. This structural class includes but is not

limited to JWH-176.

(5) Phenylacetylindoles. Defined as any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of

the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,

cycloalkylethyl, 1 -(N-methyl-2-piperidinyl)methyl, or 2 -(4-morpholinyl)ethyl group, whether or not further substituted in the

indole ring to any extent and whether or not substituted in the phenyl

ring to any extent. This structural class includes but is not limited to:

RCS-8 (SR-18); JWH 250; JWH 203; JWH-251; and JWH-302.

(6) Cyclohexylphenols. Defined as any compound containi ng a 2 -(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position

of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,

cycloalkylethyl, 1 -(N-methyl-2-piperidinyl)methyl, or 2 -(4-morpholinyl)ethyl group, whether or not subs tituted in the cyclohexyl

ring to any extent. This structural class includes but is not limited to

CP 47,497 (and homologues(analogs)); cannabicyclohexanol; and CP

55, 940.

(7) Benzoylindoles. Any compound containing a 3 -(benzoyl)indole

structure with substitution at the nitrogen atom of the indole ring by an

alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1 -(N-methyl-2-piperidinyl)methyl, or 2 -(4-morpholinyl)ethyl group,

whether or not further substituted in the indole ring to any extent and

whether or not substituted in the phenyl ring to any extent. This

structural class includes but is not limited to: AM 694; Pravadoline

(WIN 48,098); RCS 4; and AM-679.

(8) [2,3- Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-

1, 4- benzoxazin-6-yl]-1-napthalenylmethanone. This structural class

includes but is not limited to WIN 55,212-2.

(9) (6aR, 10aR)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-l-ol 7370. This structural

class includes but is not limited to HU-210.

DISTRIBUTION OF A CONTROLLED

DANGEROUS SUBSTANCE (SYNTHETIC CANNABINOID)

(N.J.S.A. 2C:35-5.3b)

(10) Adamantoylindoles. Defined as any compound containing a 3- (1-adamantoyl)indole structure with substitution at the nitrogen atom of

the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,

cycloalkylethyl, 1 -(N-methyl-2-piperidinyl)methyl, or 2 -(4-morpholinyl)ethyl group, whether or not further substituted in the

adamantyl ring system to any extent. This structural class includes but

is not limited to AM-1248.

(11) Any other synthetic chemical compound that is a cannabinoid

receptor agonist and mimics the pharmacological effect of naturally

occurring cannabinoids that is not listed in Schedules II through V or

is not an FDA approved drug.].

In order for you to find defendant guilty of the charge, the State must prove the following

elements beyond a reasonable doubt:

1. That S in evidence contains [choose appropriate CDS (synthetic

cannabinoid) here];

2. That the defendant distributed [or dispensed] S ; and

3. That the defendant acted knowingly or purposefully in distributing [or dispensing]

S .

The first element that the State must prove b eyond a reasonable doubt is that S____

contains [choose appropriate CDS (synthetic cannabinoid) here].

In regard to the second element, the State must prove beyond a reasonable doubt that

defendant distributed [or dispensed] S in evidence.

To “distribute” means the transfer, actual, constructive or attempted, 3 from one person to

another of a controlled dangerous substance . It is not necessary that the drugs be transferred in

exchange for payment or promise of payment of money or anything of value.4

[Charge when applicable: “Dispensing” means to deliver a controlled dangerous

substance to an ultimate user or research subject by or pursuant to the lawful order of a

practioner, including the prescribing, administering, packaging, labeling, or compounding

necessary to prepare the substance for that delivery.5]

In regard to the third element, the Stat e must prove beyond a reasonable doubt that

defendant acted knowingly or purposefully in distributing [or dispensing] S .

3 This definition is taken from the definitions of “distribute” and “deliver” set forth in N.J.S.A.

2C:35-2.

4 State v. Heitzman, 209 N.J. Super. 617, 621 (App. Div. 1986), aff’d, 107 N.J. 603 (1987).

5 This definition is taken from the definition of “dispense” set forth in N.J.S.A. 2C:35-2.

DISTRIBUTION OF A CONTROLLED

DANGEROUS SUBSTANCE (SYNTHETIC CANNABINOID)

(N.J.S.A. 2C:35-5.3b)

A person acts knowingly with respect to the nature of his/her conduct or the attendant

circumstances if he/she is aware that his/her conduct is of that nature, or that such circumstances

exist, or he/she is aware of a high probability of their existence. A person acts knowingly with

respect to a result of his/her conduct if he/she is aware that it is practically certain that his/her

conduct will cause such a result. “Knowing,” “with knowledge” or equivalent terms have the

same meaning.6

A person acts purposely with respect to the nature of his/her conduct or a result thereof if

it is his/her conscious object to engage in conduct of that nature or to cause such a result. A

person acts purposely with respect to attendant circumstances if he/she is aware of the exis tence

of such circum stances or he/she believes or hopes that they exist. “With purpose,” “designed,”

“with design” or equivalent terms have the same meaning.7

Remember that when we speak of knowingly and purposely we are speaking of

conditions of the mind that cannot be seen. It is not necessary for the State to prove the existence

of such mental states by direct evidence such as a s tatement by the defendant that he/she had

particular knowledge or a particular purpose. Knowledge and purpose as s eparate propositions

of proof do not commonly exist. They must ordinarily be discovered as other mental states are

from circumstantial evidence; that is, by reference to the defendant's conduct, words or acts and

all the surrounding circumstances.

To rei terate, the three elements of this offense that the State must prove beyond a

reasonable doubt are:

1. That S in evidence contains [choose appropriate CDS ( synthetic

cannabinoid) here];

2. That the defendant distributed [or dispensed] S ; and

3. That the defendant acted knowingly or purposefully in distributing [or dispensing]

S .

If you find that the State has proven all these elements beyond a reasonable doubt, then

you must return a verdict of guilty. On the other hand, if you find that the State has failed to

prove any of these elements beyond a reasonable doubt, then you must return a verdict of not

guilty.

6 N.J.S.A. 2C:2-2b(1).

7 N.J.S.A. 2C:2-2b(2).