Possession of Precursors for Manufacture

The offence of Possession of Precursors for Manufacture carries a maximum penalty of 5 years imprisonment and/or a fine of $11,000. A precursor is an ingredient or substance that can be used along with other ingredients or substances to make an illegal drug. Precursors include things such as chemicals, plants, fungi or other natural organisms.

What is the Possession of Precursors for Manufacture?

The offence of Possession of Precursors for Manufacture is set out in section 24B(1) of the Drug Misuse and Trafficking Act 1985 (NSW). The offence targets the early stages of illegal drug production.

 The legislation specifically provides that: 

(1) A person who has in his or her possession a precursor of a quantity not less than the quantity prescribed by the regulations in relation to that precursor is guilty of an offence.

“Precursor” means a substance that is capable of being used to manufacture or produce a prohibited drug, and that is specified or described in the regulations as a precursor for the purposes of this section.

The following acts constitute Possession of Precursors for Manufacture:

• Having a large drum of Safrole (a precursor for Ecstasy) stored in your residential garage. The context strongly implies an intent to manufacture.
• Having a quantity of pseudoephedrine (a precursor for methamphetamine) that exceeds the legally prescribed threshold, with no reasonable excuse. 

What Must be Proven?

For a person to be found guilty of Possession of Precursors for Manufacture, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• That you were in possession of a substance;
• That the substance was a precursor to a prohibited drug; and
• You were aware you were in possession of the substance.

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is a Table 1 offence, which means that it will be dealt with in the Local Court unless the Prosecution or accused elects to have the matter dealt with in the District Court.

What are Possible Defences?

The following defences may be available for Possession of Precursors for Manufacture charge:

• Duress
• Necessity
• Lack of Intent – Providing a credible, lawful explanation for possessing the Precursor 

Common Questions about Possession of Precursors for Manufacture

Will I receive a criminal conviction?

A conviction and criminal record for this offence is likely given it is considered a serious offence related to drug production and carries a significant maximum penalty.

In NSW, a Court can impose any of the following penalties for a Possession of Precursors for Manufacture charge:

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10 

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for a Possession of Precursors for Manufacture charge might jeopardise your job, any future jobs or make it difficult to obtain visas for overseas travel. Offences of this nature may also result in sentences that include imprisonment even where an individual has no previous convictions.

Will I go to Gaol?

The majority of people who plead guilty to this offence receive a full-time custodial sentence or Intensive Corrections Order.

What is the difference between this charge and drug manufacture?

The crime is the intent to manufacture, as demonstrated by possessing the raw materials to make the prohibited drug. The actual prohibited drug does not have to be made yet for you to be charged with this offence which differentiates it from a drug manufacture charge.

What if I had the precursor for a legitimate reason?

The legislation makes available the following defence: 

if the defendant establishes—

(a) that the defendant is in possession of the precursor for the purposes of an activity that is not unlawful, or

(b) that the defendant otherwise has a reasonable excuse for possessing the precursor.

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