4.21.841(a)(1)C Manufacture of a Controlled Substance, 21 U.S.C. §§ 841(a)(1), 802(15) See Statute

[Defendant] is accused of manufacturing [controlled substance] on or about [date]. It is against federal law to manufacture, that is to produce or prepare, [controlled substance]. For you to find [defendant] guilty of this crime, you must be convinced that the government has proven each of the following things beyond a reasonable doubt:

First, that [defendant] manufactured [controlled substance];

Second, that [he/she] knew that the substance [he/she] was manufacturing was [controlled substance]; and

Third, that [defendant] acted intentionally, that is, that it was [his/her] conscious object to manufacture the controlled substance.

The term “manufacture” as it relates to this case means the production, preparation, propagation, compounding or processing of a controlled substance, either directly or indirectly or by extraction from substances of natural origin. The term “manufacture” includes the act of growing.

If you find [defendant] guilty, you will also have to answer one or more questions concerning the quantity of the substance involved, which may affect the potential sentence.

Comment(s)

(1) The definition of manufacture includes other processes in addition to those listed above, e.g., “independently by means of chemical synthesis or by a combination of extraction and chemical synthesis.” 21 U.S.C. § 802(15).

(2) Marijuana grown for personal use falls within the definition of “manufacture.” United States v. One Parcel of Real Property (Great Harbor Neck), 960 F.2d 200, 205 (1st Cir. 1992); see also 21 U.S.C. § 802(22) (“‘[P]roduction’ includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.”).

(3) “[I]ntent is an element of constructive possession, which ‘exists when a person “knowingly has the power and intention at a given time to exercise dominion and control over an object, either directly or through others.”’” United States v. Paredes-Rodriguez, 160 F.3d 49, 54 (1st Cir. 1998) (citations omitted).

(4) See Comment (2) to Instruction 4.18.841(a)(1) concerning instructions in enhanced penalty cases.