THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Manufacture Of A Controlled Substance (21 USC 841(a)(1) And 21 USC 802(15))

    1.    Merely Growing Marijuana Is Not Manufacturing

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

1.    Merely Growing Marijuana Is Not Manufacturing

ALERT: Carefully review the Caveats and Disclaimers before using these materials.

    __________ (name of defendant) is charged in Count ____ with intentionally manufacturing marijuana. Manufacturing requires affirmative alteration or production of a substance by use of the hands, or by use of other tools. The essence of manufacturing is that a raw material be turned into a more refined product by human handiwork. Specifically, the government must prove that __________ (name of defendant) directly or through another person planted, cultivated, grew or harvested marijuana. If the government has not proven beyond a reasonable doubt that __________ (name of defendant) did something active beyond merely allowing marijuana plants to grow, you must find (him/her) not guilty of the charge in Count ____.

21 USC 841(a)(1), 802(15), 802(22) (although definitions of "production" and "manufacture" are circular, each including the other as one form); Webster's Third New International Dictionary; see, e.g., United States v. Sullivan, 919 F.2d 1403, 1432-33 (10th Cir. 1990) (insufficient evidence of manufacturing where defendants not proven to have knowingly cultivated marijuana, participated in growing it, or even been aware that it was growing); United States v. Rigsby, 943 F.2d 631, 634, 643 (6th Cir. 1991), cert. denied, 112 S.Ct. 1269 (1992) (jury could find manufacturing where marijuana was being dried in a cardboard box); United States v. Morehead, No. 91-7003 slip op. at 10 (10th Cir. March 4, 1992) (sufficient evidence that marijuana was being cultivated in house to support manufacturing conviction); United States v. Klein, 850 F.2d 404 (8th Cir.), cert. denied, 488 U.S. 867 (1988) (defendant was actively growing marijuana in basement; sufficient evidence of manufacturing).

    __________ (name of defendant) is charged in Count ____ with intentionally manufacturing marijuana. Manufacturing requires affirmative alteration or production of a substance by use of the hands, or by use of other tools. The essence of manufacturing is that a raw material be turned into a more refined product by human handiwork. If the governnment has not proven beyond a reasonable doubt that __________ (name of defendant) did something active beyond merely allowing marijuana plants to grow, you must find (him/her) not guilty of the charge in Count ____.

21 USC 841(a)(1), 802(15), 802(22) (production defines manufacture as one means of production; others are planting, cultivation, growing, or harvesting. Defendant is charged only with manufacturing); Webster's Third New International Dictionary; see, e.g., United States v. Sullivan, 919 F.2d 1403, 1432-33 (10th Cir. 1990) (insufficient evidence of manufacturing where defendants not proven to have knowingly cultivated marijuana, participated in growing it, or even been aware that it was growing); United States v. Rigsby, 943 F.2d 631, 634, 643 (6th Cir. 1991), cert. denied, 112 S.Ct. 1269 (1992) (jury could find manufacturing where marijuana was being dried in a cardboard box); United States v. Morehead, No. 91-7003 slip op. at 10 (10th Cir. March 4, 1992) (sufficient evidence that marijuana was being cultivated in house to support manufacturing conviction); United States v. Klein, 850 F.2d 404 (8th Cir.), cert. denied, 488 U.S. 867 (1988) (defendant was growing marijuana actively in basement; sufficient to prove manufacturing).

See also THE SHELLOW COLLECTION: Drugs, Controlled Substances.

See NCJIC Chapter 88: Drugs, Controlled Substances.

See NCJIC Federal Model Instructions by Offense: 21 USC 841(a)(1) And 21 USC 802(15): Manufacture Of A Controlled Substance.