What the law states
Section 11C of the Drug Misuse and Trafficking Act 1985 (NSW) states that:
(1) A person who has in his or her possession a document that contains instructions for the manufacture or production of a prohibited drug is guilty of an offence.
Example of this offence
An example of this offence is if police are suspicious and obtain a warrant to search your house, and find instructions on how to make cocaine and you are without a licence or authorisation, without any reasonable excuse for possessing such items.
Before which court will my matter be heard?
Possession of instructions for manufacture or production of prohibited drugs falls under Part 2, Division 1 of the Drug Misuse and Trafficking Act 1985 (NSW). This means that this offence is considered a summary offence, and is heard in the Local Court.
Defences
Defences to the offence of possession of instructions for manufacture or production of prohibited drugs are outlined in section 11C(2) of the Drug Misuse and Trafficking Act 1985 (NSW). They include, but are not limited to:
-
If the defendant is licensed or authorised under the Poisons and Therapeutic Goods Act 1966 to manufacture or produce the prohibited drug to which the instructions relate
-
The defendant is acting in accordance with an authority granted by the Director-General of the Department of Health where the Director-General is satisfied that the manufacture or production of the prohibited drug to which the instructions relate is for the purpose of scientific research, instruction, analysis or study, or
-
The defendant is in possession of the document for the purposes of an activity that is not unlawful, or
-
The defendant otherwise has a reasonable excuse for possessing the document.
-
Duress
-
Necessity.
Penalties
The maximum penalty for possession of instructions for manufacture or production of prohibited drugs is 2 years imprisonment or $2200 or both.
How can Prime Lawyers help you?
If you are charged with possession of instructions for manufacture or production of prohibited drugs, it is important to obtain legal representaion. Our criminal lawyers will assist you in deciding the direction of your matter, providing advice, especially when it is necessary to make important decisions including whether or not to plead guilty, and any defences to present to the court.