New Jersey’s Synthetic Cannabinoid Laws: What You Need to Know

Synthetic cannabinoids, also known as “synthetic marijuana,” are human-made chemicals that are sprayed on dried plant material to be smoked or sold as liquids to be vaporized in e-cigarettes and other devices. They are designed to mimic the effects of tetrahydrocannabinol (THC), the psychoactive ingredient in marijuana, and are often marketed as safe, legal alternatives to marijuana. However, synthetic cannabinoids can be extremely dangerous and lead to serious health issues.

In New Jersey, synthetic cannabinoids are illegal under Section 2C:35-5.3c of the New Jersey Code of Criminal Justice. This law makes it a crime to knowingly or purposely obtain or possess synthetic cannabinoids. The severity of the crime depends on the amount possessed:

• Possessing 1 ounce or more is a third-degree crime, punishable by 3-5 years in prison and up to a $15,000 fine.
• Possessing less than 1 ounce is a fourth-degree crime, punishable by up to 18 months in prison and up to a $10,000 fine.

New Jersey first banned synthetic cannabinoids in 2011. However, manufacturers kept altering the chemical formulas to skirt the law, leading to a game of “whack-a-mole” with law enforcement. So in 2013, the state passed a broader ban on synthetic cannabinoids as a class of drugs rather than targeting specific chemical formulations.

This 2013 law, codified as 2C:35-5.3c, closed loopholes and gave law enforcement better tools to crack down on synthetic cannabinoids. But these dangerous substances continue to be a public health threat, with 15 deaths in New Jersey linked to synthetic cannabinoids in 2018 alone.

Understanding 2C:35-5.3c

Section 2C:35-5.3c prohibits the possession of any “synthetic cannabinoid,” which is defined broadly as any chemical not already scheduled as a controlled dangerous substance (CDS) that affects the cannabinoid receptors in the brain. This means any new synthetic cannabinoid chemical that emerges can be treated as illegal without needing to update the statute.

The law also bans possessing synthetic cannabinoids that have already been scheduled as CDS, such as JWH-018, AM-2201, and XLR-11. So if you’re found with any synthetic cannabinoid, whether specifically listed or not, you can face criminal charges.

Defenses to Synthetic Cannabinoid Charges

If you’ve been arrested for allegedly possessing synthetic cannabinoids, don’t panic. There may be defenses that your criminal defense attorney can use to fight the charges, such as:

• Lack of knowledge – The state must prove you knowingly possessed the substance. If you can show you didn’t know the material contained illegal synthetic cannabinoids, you may be able to avoid conviction.
• No possession – If the synthetic cannabinoids were not actually on your person, you may argue they were not in your possession or control. For example, if they were found in a car you were borrowing.
• Misidentified substance – Lab tests for synthetic cannabinoids can yield false positives. Your lawyer may request independent testing to confirm the material seized truly contains illegal synthetic cannabinoids.
• Illegal search – If police did not have probable cause to search you or your property, any evidence found may be suppressed. This could lead to charges being dismissed.

Don’t try to fight synthetic cannabinoid charges alone. An experienced drug crimes lawyer can thoroughly examine the facts of your case and build the strongest defense.

Penalties for Synthetic Cannabinoid Possession

As mentioned above, synthetic cannabinoid possession penalties under 2C:35-5.3c depend on the amount:

• 1 ounce or more – This is a 3rd degree crime, punishable by 3-5 years in New Jersey State Prison and a fine of up to $15,000.
• Less than 1 ounce – This is a 4th degree crime, punishable by up to 18 months in prison and a fine up to $10,000.

Judges have discretion in sentencing. Those with no criminal history may get more lenient sentences involving county jail time instead of prison. But any conviction will result in a permanent criminal record.

In addition to fines and imprisonment, penalties can include driver’s license suspension, probation, and mandatory drug counseling or rehab. Non-citizens may face deportation.

Synthetic Cannabinoid Trafficking Charges

Under 2C:35-5.3b, manufacturing, distributing, or dispensing synthetic cannabinoids is even more severely punished than possession.

1 ounce or more is a 2nd degree crime, carrying 5-10 years in prison and up to $150,000 in fines. Less than 1 ounce is a 3rd degree crime, with 3-5 years behind bars.

These charges apply not only to selling synthetic cannabinoids, but also giving them away or transferring them in any manner. Sharing synthetic cannabinoids with friends could result in drug distribution charges.

As with possession, there are defenses that could potentially beat synthetic cannabinoid trafficking charges, such as arguing you did not actually distribute any substances. But you need an aggressive lawyer to effectively challenge these allegations in court.

The Dangers of Synthetic Cannabinoids

Synthetic cannabinoids are designed to activate the CB1 and CB2 receptors in the brain that THC binds to. But they can be 100 times more potent than marijuana and have much more complex chemical structures. This makes their effects highly unpredictable and dangerous.

According to the CDC, synthetic cannabinoid use can cause:

• Severe anxiety, agitation, paranoia
• Violent behavior
• Hallucinations and delusions
• Vomiting
• Seizures
• Unconsciousness
• Heart attack
• Stroke
• Kidney failure

Synthetic cannabinoids are also extremely addictive. Withdrawal symptoms include headaches, nausea, tremors, depression, and suicidal thoughts.

Unlike marijuana, synthetic cannabinoids have caused numerous deaths through overdose. The chemicals can affect areas of the brain that control breathing and heart rate. Using just once could prove fatal.

Young people may be particularly vulnerable to synthetic cannabinoids’ effects on mental health. Studies link these substances to an increased risk of psychosis in teens and young adults. The chemicals appear able to trigger latent schizophrenia and other disorders.

While synthetic cannabinoids are sometimes called “synthetic marijuana,” they have completely different chemical structures and effects compared to cannabis. Natural marijuana has never been conclusively linked to overdose fatalities.

Stay Safe by Avoiding Synthetic Cannabinoids

The risks of using synthetic cannabinoids far outweigh any perceived benefits. You can never be certain what hazardous chemicals these products contain or how your body will react. It only takes one use to cause catastrophic health consequences or even death.

If you’re facing charges for synthetic cannabinoids in New Jersey, retain legal counsel immediately. An experienced drug crimes lawyer can advise you of all your options and work to achieve the most favorable resolution in your case. But the smartest choice is to avoid synthetic cannabinoids altogether. Your health and future are too precious.