The manufacture and production of prohibited drugs is an offence under Section 24 of the Drug Misuse and Trafficking Act 1985 (NSW). Penalties vary according to the type and amount of drug involved.

A person commits an offence if they manufacture or produce a prohibited drug, or knowingly take part in the manufacture or production of a prohibited drug.

Prohibited drug includes any substance, other than a prohibited plant, specified in Schedule 1.

Manufacture includes the process of extracting or refining the prohibited drug.

Elements

A person who manufactures or produces, or who knowingly takes part in the manufacture or production of, a prohibited drug, and exposes a child to that manufacturing or production process, or to substances being stored for use in that manufacturing or production process, is guilty of an offence.

A person who manufactures or produces, or who knowingly takes part in the manufacture or production of, an amount of a prohibited drug which is not less than the commercial quantity applicable to the prohibited drug is guilty of an offence.

If a person also exposes a child to that manufacturing or production process, or to substances being stored for use in that manufacturing or production process, they are guilty of an offence.

Trial

If, on the trial of a person for an offence under subsection (2) or (2A), the jury are not satisfied that the amount of prohibited drug involved is equal to or more than the commercial quantity applicable to the prohibited drug, the jury may acquit the person of the offence charged and find the person guilty of an offence under subsection (1) or (1A), respectively, and the person is liable to punishment accordingly.

If, on the trial of a person for an offence under subsection (1A) or (2A), the jury is not satisfied that a child was exposed to a prohibited drug manufacturing or production process, or to substances being stored for use in such a manufacturing or production process, or is satisfied that the defence referred to in subsection (3A) has been made out, the jury may acquit the person of the offence charged and find the person guilty of an offence under subsection (1) or (2), respectively, and the person is liable to punishment accordingly. 

Considerations

It is not unlawful if a person is licensed or authorised to do so under the Poisons and Therapeutic Goods Act 1966, or a person acting under a poppy licence under the Poppy Industry Act 2016, or a person acting in accordance with an authority granted by the Secretary of the Department of Health.

In this section, child means a person who is under the age of 16 years.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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