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

Approved 2/13/17

MANUFACTURING OF A CONTROLLED DANGEROUS SUBSTANCE

(SYNTHETIC CANNABINOID)1

(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 manufacture …

[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) Naphthylmethylindoles. 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) Naphthoylpyrroles. 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 gr oup, 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.

(4) Naphthylmethylindenes. Defined as any compound c ontaining a

naphthylideneindene structure with substitution at the 3-position of the

1 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 the jury.

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

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

MANUFACTURING OF A CONTROLLED DANGEROUS SUBSTANCE

(SYNTHETIC CANNABINOID)

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

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 s ubstituted 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 containing 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 substituted 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 o r 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.

(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-

MANUFACTURING OF A CONTROLLED DANGEROUS SUBSTANCE

(SYNTHETIC CANNABINOID)

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

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 manufactured S ; and

3. That the defendant acted knowingly or purposefully in manufacturing S_____.

The first element that the State must prove beyond 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 manufactured S in evidence.

To “ manufacture” means the production, preparation, propagation, compounding,

conversion or processing of a controlled dangerous substance , either directly or by extraction

from substances or natural origin, or independently by means of chemical synthesis, or by a

combination of extraction and chemical synthesis, and includes any packaging or repackaging of

the substance or labeling or re-labeling of its container, except that this term does not include the

preparation of compounding of a controlled dangerous s ubstance by an individual for his/her

own use or the preparation, compounding, packaging, or labeling of a controlled dangerous

substance: (1) by a practitioner as an incident to his/her administering or dispensing of a

controlled dangerous substance in the course of his/her professional practice, or (2) by a

practitioner (or under his/her supervision) for the purpose of, or as an incident to, researc h,

teaching or chemical analysis and not for sale.2

In this regard the term “practitioner” means a physician, dentist, veterinarian, scientific

investigator, laboratory worker, pharmacist, hospital worker or other person licensed, registered,

2 N.J.S.A. 2C:35-2.

MANUFACTURING OF A CONTROLLED DANGEROUS SUBSTANCE

(SYNTHETIC CANNABINOID)

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

or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a

controlled dangerous substance in the course of professional practice or research in this State.3

In regard to the third element, the Sta te must prove beyond a reasonabl e doubt that

defendant acted knowingly or purposefully in manufacturing S .

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 circum stances

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 cau se such a result. “Knowing,” “with knowledge” or equivalent terms have the

same meaning.4

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 existence

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

“with design” or equivalent terms have the same meaning.5

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 purpos e as separate 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 reiterate, the three elem ents 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 manufactured S ; and

3. That the defendant acted knowingly or purposefully in manufacturing S .

3 N.J.S.A. 2C:35-2.

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

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

MANUFACTURING OF A CONTROLLED DANGEROUS SUBSTANCE

(SYNTHETIC CANNABINOID)

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

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.