Manufacturing Controlled Drug
In the ACT, it is an offence to make or participate in making illegal/controlled drugs. In the ACT, the maximum penalty for manufacturing a controlled drug is 10 years imprisonment and/or a fine of 700 penalty units.
What is Manufacturing A Controlled Drug?
The offence is defined in Sections 609, 614 and 614a of the Criminal Code 2002.
The manufacture of a substance is any process that causes a new substance to be created (excluding plant cultivation) and includes:
- extracting or refining the original substance;
- modifying it into a new substance.
A person is involved in the manufacture of a substance if they:
- engage in its manufacture;
- control or direct how it is manufactured;
- provide the capital or arranges finance for its manufacture.
Under Section 614, a person commits an offence if they possess any substance, any equipment, or any document containing instructions, for making a controlled drug and have the intention to use that information to manufacture a controlled drug; or supply the information to someone else; and has the knowledge that they will use it to manufacture a controlled drug.
Section 614A states that a person commits an offence if they possess a tablet press and are reckless about whether the thing is a tablet press. A person will not be charged if they have a reasonable excuse for possessing the tablet press, such as that they are allowed to manufacture a regulated substance in accordance with authorisation under the Medicines, Poisons and Therapeutic Goods Act 2008.
What Actions Might Constitute Manufacturing a Controlled Drug?
Actions which constitute an offence include:
- cooking Ice in a caravan;
- going to your friend’s house and helping him or her by operating the pill press;
- buying pseudoephedrine from numerous pharmacies and mixing it with other ingredients you’ve bought over a period of time to make MDMA;
- going online, finding a recipe or home kit to make your own ecstasy and making it at home; or
- taking a cash-in-hand job to help a person making heroin out of a makeshift drug lab in the middle of the bush.
What The Police Must Prove
The police must prove:
- that you were manufacturing or producing controlled drugs;
- that you were aware of and took part in the manufacturing or production of that drug;
- that the substance you manufactured, produced or helped in manufacturing or producing was a controlled drug.
Possible Defences To Manufacturing A Controlled Drug
Defences to the offence include:
- that even though you were involved in the manufacture of controlled drugs, you did not do so knowingly;
- that the substance manufactured was not a controlled drug;
- that you did not intend to sell any of the drug and/or did not know that someone else was going to sell it;
- that you acted under duress.
Which Court Will Hear Your Matter?
Section 613 describes an additional offence, whereby a person commits an offence if they supply to someone any substance, equipment or document with instructions for the purpose of manufacturing a controlled drug; and has the knowledge that the person will use the substance or information to manufacture a controlled drug; and/or intends to sell the manufactured drug.
The maximum penalty for this offence is 7 years imprisonment or 700 penalty units.
- supplying someone with money to buy an oven;
- going to a pharmacy for someone and buying pseudoephedrine;
- printing instructions so that someone can manufacture a controlled drug.
If you require legal advice about this offence or any other legal matter, please contact Armstrong Legal.