Under section 8 of the Drugs Misuse Act 1986 (Qld) (the Act) it is an offence for a person to unlawfully produce dangerous drugs. Section 4 of the Act defines “produce” to mean the following:
This is a wide definition and, as the above suggests, can include packaging drugs to prepare them for sale e.g. separating cannabis into clip seal bags or MDMA into capsules as well as weeding or harvesting plants that grow dangerous drugs. The Courts have held that acts preparatory to paragraph (a) can include acts such as providing others with substantial sums of money to buy Sudafed tablets, the amount of which would have resulted in the manufacturing of a substantial amount of methylamphetamines (see R v Geary [2003] 1 Qd R 64).
The maximum penalty depends on the type of drugs, quantity of drugs, and whether the person was drug dependant, and ranges from 15 to 25 years imprisonment. Depending on the drug and circumstances, production charges can be dealt with in the Magistrates’ Court, District Court and Supreme Court.
Other types of drug offending include:
We have experience with production of dangerous drug charges across all levels of the Queensland Court System and can assist you to achieve the best result possible. To speak to a member of our criminal defence team call 07 3229 4459
For more information about drug offences and the sentencing options available, follow the links below.
Brisbane
Aitken Whyte Lawyers Brisbane
2/414 Upper Roma Street
Brisbane QLD 4000
