Manufacture and Production of Prohibited Drugs

What the law states

Section 24 of the Drug Misuse and Trafficking Act 1985 (NSW) states that:

(1)   A person who manufactures or produces, or who knowingly takes part in the manufacture or production of, a prohibited drug is guilty of an offence.     

Exposure of a child (under 16 years of age) to the above offence incurs more severe penalties. A further determinant of severity is the amount of drug being produced.

In which court will my matter be heard?

Offences with respect to manufacture and production of prohibited drugs fall under Part 2, Division 2 of the Drug Misuse and Trafficking Act 1985 (NSW). This means that these offences are considered indictable offences, and are heard in the District or Supreme Court.

Indictable offences such as manufacturing drugs or manufacturing drugs in the presence of a child can be dealt with summarily (in the local court) unless the prosecution elects otherwise. This is possible only if the quantity of the drug is not more than the small quantity specified in Schedule 1, Column 2 of the Drug Misuse and Trafficking Act 1985 (NSW). The quantity varies for each type of drug. For the quantities of each drug click here.

Defences

Defences to this offence include but are not limited to duress and necessity. It is also a defence to a prosecution for an offence under subsection (1A) or (2A) if the defendant establishes that the exposure of the child to the prohibited drug manufacturing or production process, or to substances being stored for use in that manufacturing or production process, did not endanger the health or safety of the child.

Section 35A of the Drug Misuse and Trafficking Act 1985 (NSW) outlines a further defence, that it is not illegal to possess or manufacture a prohibited substance if the substance is contained in a product where the substance cannot be readily extracted, or in a product not for human consumption, or if the substance is possessed for the purpose of its disposal as waste or its destruction.

Penalties

• Manufacturing the prohibited drugs: the maximum penalty is $220,000 or 15 years imprisonment or both. If the offence involves cannabis, the maximum penalty is a fine of $220,000 or 10 years imprisonment or both.

• Manufacturing prohibited drugs and exposing that process to a child: maximum penalty of $264,000 or 18 years imprisonment, or both.

• Manufacturing prohibited drugs not less than a commercial quantity: maximum penalty of $385,000 or 20 years imprisonment or both. If the drug was cannabis, the maximum penalty is $385,000 or 15 years or both.

• Manufacturing an amount of prohibited drugs not less than a commercial quantity whilst exposing a child to the production process: maximum penalty of $462,000 fine or 25 years imprisonment or both.

How can Prime Lawyers help you?

Our criminal lawyers are experienced in drug-related matters. They will work vigorously to achieve the best result for you. Should there be any defences available, they will attempt to utlise them to the furthest extent whilst negotiating with the police to drop any weak charges against you.