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Manufacture a Prohibited Drug

In NSW it is an offence to make or take part in the making of illegal drugs.

A person can be charged with this offence if they cook, prepare, produce or manufacture illegal drugs, or if they participate in any part of cooking, preparing, producing or manufacturing illegal drugs.

The maximum penalty for this offence is 15 years imprisonment or 2000 penalty units for all drugs except cannabis. If the drug is cannabis, the maximum penalty is 10 years imprisonment or 2000 penalty units.

The Offence of Manufacture Prohibited Drug

The offence of Manufacture Prohibited Drug is contained in section 24(1) of the Drug Misuse and Trafficking Act 1985 and 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.

What Actions Might Constitute Manufacture Prohibited Drug?

Examples of Manufacture Prohibited Drug include:

  • Cooking ice in a caravan;
  • Going to your friend’s house and helping him out by operating the pill press;
  • Buying pseudoephedrine from numerous news agencies and mixing it with other ingredients you’ve bought over 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 assist a person making heroin out of a makeshift drug lab in the middle of the bush.

What the Police Must Prove

To convict you of Manufacture Prohibited Drug the prosecution must prove each of the following matters beyond a reasonable doubt:

  • That either:
    • you were manufacturing or producing prohibited drugs; OR
    • you were aware of and took part in the manufacturing or producing prohibited drugs;
  • The substance you manufactured, produced or assisted in manufacturing or producing was a prohibited drug.

Possible Defences for Manufacture Prohibited Drug

The common ways to defend this charge are:

  • To argue that you did not manufacture or produce prohibited drugs or that you did not take part in manufacturing or producing prohibited drugs;
  • To argue that, even though you did take part in the manufacturing or producing prohibited drugs, you did not knowingly do so;
  • To argue that the substance manufactured or produced was not a prohibited drug; or

Which court will hear your matter?

The offence is an Indictable Offence and what court your matter will be heard in depends on the amount of the drug that was manufactured.

If the amount of the drug is less than the indictable quantity, then the matter can be finalised in the Local or the District Court.

If the amount of the drug is greater than the indictable quantity then the matter will be finalised in the District or Supreme Court.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

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