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

Approved 2/13/17

SUPPLEMENTAL CHARGE TO OFFENSES SET FORTH

IN N.J.S.A. 2C:35-5.3b and N.J.S.A. 2C:35-5.3c

(SYNTHETIC CANNABINOID)

(To be utilized in cases in which the quantity

of the Synthetic Cannabinoid is an element of the offense)1

If you have found the de fendant guilty of [possession] [distribution] [dispensing]

[manufacturing] [possession with intent to distribute , or dispense, or manufacture] of [choose

appropriate CDS ( synthetic cannabinoid)], you then must determine the quantity of [choose

appropriate CDS (synthetic cannabinoid)] involved. It is the State’s burden to prove beyond a

reasonable doubt the qu antity of [choose appropriate CDS ( synthetic cannabinoid)] that is

involved. The State need not prove defendant’s knowledge of the quantity of the drugs, so long

as it proves beyond a reasonable doubt that defendant knowingly possessed the controlled

dangerous substance.

2

Specifically, you must determine which one of the following quantities have been

proven:

1. One (1) ounce or more of [choose appropriate CDS (synthetic cannabinoid)];

or

2. Less than one (1) ounce of [choose appropriate CDS (synthetic cannabinoid)].

After determining which one of these quantities the State has proven beyond a reasonable

doubt, you should mark the appropriate section of the verdict sheet which will be supplied to

you.

1 This supplemental charge should only be given when the quantity makes the offense a second or

third degree crime under N.J.S.A. 2C:35-5.3c.a. for offenses involving distribution, manufacturing, or

possession with intent to distribute, of Synthetic C annabinoid. The same applies when the charge is

unlawful possession of Synthetic C annabinoid (N.J.S.A. 2C:35-5.3c). If the quantity possessed is one

ounce or more, it is a third degree offense ( N.J.S.A. 2C:35-5.3c.) and both choices should be provided to

the jury. In cases where only a fourth degree offense is charged (N.J.S.A. 2C:35-5.3c), the supplemental

charge should not be used.

2 State v. Torres, 236 N.J. Super. 6 (App. Div. 1989).