New Jersey Takes a Hard Stance Against Synthetic Cannabinoids

New Jersey has some of the strictest laws in the country regarding synthetic cannabinoids – the manmade chemicals that aim to mimic the effects of marijuana. In 2013, the state enacted Section 2C:35-5.3b and 2C:35-5.3c of the criminal code to specifically target the manufacture, distribution, and possession of these substances. But what exactly are synthetic cannabinoids, and why did New Jersey feel the need to crack down on them?

Synthetic cannabinoids refer to a diverse class of chemicals that bind to the same receptors in the brain as THC – the primary psychoactive compound in marijuana. These synthetic compounds are sprayed onto plant material and then smoked, producing a “high” similar to marijuana. They first emerged in the 2000s as an alternative to cannabis, often marketed as “legal weed” since they weren’t technically illegal at the time. Brand names include K2, Spice, and many others.

The appeal of these substances is obvious – easy access to a legal high. But synthetic cannabinoids can be extremely dangerous, with unpredictable and severe side effects. They’ve been linked to kidney damage, psychosis, seizures, coma, and even death in some cases. The adverse effects tend to be much more severe than natural marijuana.

So in taking a public health approach, New Jersey banned a long list of specific synthetic cannabinoid compounds, as well as any substance that mimics THC and isn’t an approved pharmaceutical. Let’s take a closer look at the specific charges now on the books:

• Manufacturing, distributing, or possessing with intent to distribute 1 ounce or more of a synthetic cannabinoid is a second degree crime under 2C:35-5.3b. This is punishable by 5-10 years in prison and a fine up to $150,000.
• Manufacturing, distributing, or possessing with intent to distribute less than 1 ounce is a third degree crime, with 3-5 years prison and a fine up to $15,000.
• Simply possessing or obtaining any amount of synthetic cannabinoid is a disorderly persons offense under 2C:35-5.3c. This carries up to 6 months in jail and a $1,000 fine.
• The law also broadly defines synthetic cannabinoids as any substance that mimics THC, unless it’s specifically exempted or is an FDA-approved drug. This closes loopholes that allowed manufacturers to slightly tweak chemical formulas once a substance was banned.

New Jersey’s strict approach aims to curb access and demand for these unpredictable, dangerous drugs. But some argue the laws go too far…

Critics say banning entire classes of substances leads to overcriminalization. They argue regulation and education would be better solutions than turning more people into criminals. There are also concerns that the broad definition bans potentially beneficial compounds that haven’t been discovered yet.

Others point out these laws could disproportionately impact minorities, since synthetic cannabinoids are often used recreationally in lower income communities. And banning these substances may simply shift demand to other unregulated drugs that could be equally or more dangerous.

But supporters say New Jersey’s tough stance saves lives by limiting access to exceptionally hazardous synthetic drugs. They argue the intent is to target manufacturers and distributors, not individual users. And the broad definitions prevent makers from sidestepping bans through molecular tweaks.

Only time will tell whether New Jersey’s strict laws curb the spread of synthetic cannabinoids without creating new problems. But one thing is clear – the state is taking an aggressive stand against these substances in the name of public health.

What Defenses are Available Against Synthetic Cannabinoid Charges?

Given the harsh penalties for synthetic cannabinoid crimes in New Jersey, building an effective legal defense is crucial. Here are some strategies criminal defense attorneys may use:

• Lack of intent – For distribution or possession with intent charges, arguing the accused did not actually intend to manufacture, distribute, or dispense the substance. Perhaps it was for personal use only.
• Invalid search – If police lacked probable cause for a search that uncovered the drugs, any evidence found may be inadmissible.
• Misidentification – The substance may not actually be an illegal synthetic cannabinoid, but rather something else misidentified by police.
• Entrapment – An undercover officer pressured the accused into committing a crime they otherwise wouldn’t.
• False statements – Witnesses made false claims against the defendant for malicious purposes.
• Procedural errors – Police or prosecutors violated proper procedures in a way that compromises the case.

The complexity of these cases means skilled legal advocacy gives defendants their best chance at an acquittal or mitigated outcome. Public defenders may be available for those who can’t afford private counsel.

Synthetic Drug Use Trends and Treatment Options

For those struggling with addiction, steps towards recovery include:

• Medically supervised detox to safely clear drugs from the body
• Cognitive behavioral therapy and counseling
• Peer support groups like Narcotics Anonymous
• Medications to reduce cravings and prevent relapse
• Avoiding triggers and replacing drug use with healthy activities

Treatment takes time but can help people reclaim their lives after synthetic drug addiction. Community education and access to support services are key to overcoming this crisis.

The Takeaway

New Jersey is aggressively combatting the spread of dangerous, unpredictable synthetic drugs. But open questions remain about whether blanket bans are the right policy solution. For now, the state’s strict laws aim to protect public health by cracking down on these hazardous substances. Yet their impact on issues like mass incarceration remains to be seen.