Our experienced criminal law solicitors have prepared a brief overview of the law relating to the offence of produce a dangerous drug.
If you or someone you care about is facing a charge of producing a dangerous drug, you need specific advice and should contact Gatenby Criminal Lawyers on 55800120 for advice.
For more information on other drug offences, visit our DRUG OFFENCES HOMEPAGE.
Produce Dangerous Drugs – The Law
Section 8 of the Drugs Missuse Act 1986 creates the offence of produce dangerous drugs. The section provides:
A person who unlawfully produces a dangerous drug is guilty of a crime.
Elements of the offence
To be found guilty of the offence of produce a dangerous drug, the prosecution is required to prove, beyond a reasonable doubt, the following elements:
- That the conduct was unlawful
- That the person produced
- Dangerous Drug
Produce
The prosecution must prove that a production occurred. Produce is defined in section 4 of the Drugs Misuse Act 1986 as:
- prepare, manufacture, cultivate, package or produce;
- offering to do any act specified in paragraph (1);
- doing or offering to do any act preparatory to, in furtherance of, or for the purpose of, any act specified in paragraph (1).
Dangerous Drugs
Dangerous Drugs are defined in schedule 1 and schedule 2 of the Drugs Misuse Regulation 1987. The relevant quantities for particular drugs is defined in schedules 3 and or of the regulation.
Schedule 1 contains the more serious drugs including:
- Amphetamine
- Cocaine
- Heroine
- Methylamphetamine
- 3,4-Methylenedioxymethamphetamine (MDMA)
Schedule 2 contains the list serious drugs including:
- Cannabis
- Codeine
- Diazepam
- Methadone
- Morphine
- Opium
- Temazepam
Maximum Penalty
If the dangerous drug is a thing specified in the Drugs Misuse Regulations 1987, schedule 1 and quantity of the drug is or exceeds the schedule 4 quantity – 25 years
If the dangerous drug is a thing specified in the Drugs Misuse Regulations 1987, schedule 1 and quantity of the drug is or exceeds the schedule 3 quantity, but less than the schedule 4 quantity and the person satisfies the Court that they are drug addicted – 20 years
If the dangerous drug is a thing specified in the Drugs Misuse Regulations 1987, schedule 1 and quantity of the drug is or exceeds the schedule 3 quantity, but less than the schedule 4 quantity and the person can not satisfy the Court that they are drug addicted – 25 years
If the dangerous drug is a thing specified in the Drugs Misuse Regulations 1987, schedule 1 and quantity of the drug is less than the schedule 3 quantity – 20 years
If the dangerous drug is a thing specified in the Drugs Misuse Regulations 1987, schedule 2 and quantity of the drug is or exceeds the schedule 3 quantity – 20 years
If the dangerous drug is a thing specified in the Drugs Misuse Regulations 1987, schedule 2 and quantity of the drug is less than the schedule 3 quantity – 15 years
Jurisdiction – Where will the matter be heard?
The offence of producing a dangerous drug is an indictable offence. It will be heard in the Supreme Court of Queensland, unless the production is of a schedule 2 drug where the maximum penalty is 15 years imprisonment. In that case the matter will be heard in the Magistrates Court.
Conviction – Does a conviction have to be recorded?
The sentencing Court has a discretion whether or not to record a conviction against you for the offence of produce dangerous drugs. Generally a conviction would not be recorded for a first offence for this type of offence in the Magistrates Court, although one is likely for convictions in the Supreme Court.
The relevant factors are set out in section 12 of the Penalties and Sentences Act 1992, and include, the nature of the offence, the offenders character and age, together with the impact the recording a conviction would have on the offenders chances of finding employment. If you are concerned about a conviction being recorded on you or a loved you should seek legal advice.
For legal advice specific to your matter, you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.