Criminal Law

Manufacture Prohibited Drug

The Law

Pursuant to section 24 of the Drug Misuse and Trafficking Act 1985, states 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.     

Penalties

Manufacturing prohibited drugs: The maximum penalty is a $220,000 fine 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: The maximum penalty is a $264,000 fine or 18 years' imprisonment, or both.

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

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

Commentary

Exposure of a child (under 16 years of age) to drug manufacturing offences incurs more severe penalties. A further determinant of severity is the amount of drug being produced. It is a defence to a prosecution for an offence involving the exposure of a child to drug manufacturing or production if the accused person 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 Act 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.

If you or someone you know have been charged with the production or manufacture of a prohibited drug, then you require the assistance of criminal lawyers with special expertise in drug supply law. We invite you to contact one of criminal law experts at your nearest Prime Lawyers office. Our lawyers are able to meet with you at various office locations and will of course travel to any correctional facility to meet with anyone who remains bail refused.

We have offices in Sydney, Parramatta, Chatswood, Sutherland and Wollongong.

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