Produce / Manufacture

Question 1

Section 6 (1) (b) - MODA 1975

Answer 1

produce OR manufacture

any controlled drug

Question 2

PRODUCING VS MANUFACTURING *

Answer 2

The terms producing and manufacturing are synonymous. Both relate to the process of creating controlled drugs.

While there is no real distinction between the two terms, the prosecution must specify one or the other.

Case Law: R v Rua

Question 3

R V RUA *

Answer 3

The words produce or manufacture in s 6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.

Question 4

Define producing

Answer 4

To bring something into being or to bring something into existence from its raw material or elements.

Question 5

Define compound

Answer 5

To compound means to create a whole by mixing or combining two or more elements or parts.

Question 6

Define manufacturing

Answer 6

Process of synthesis; combining components or processing raw materials to create a new substance.

Question 7

WHEN IS THE OFFENCE COMPLETE *

Answer 7

Once the prohibited substance is created, whether or not it is in a usable form.

Question 8

What is Cannabis Preparation

Answer 8

Section 29B - MODA 1975

Cannabis preparation is produced by subjecting cannabis plant to some kind of processing that renders it unrecognizable as plant material. eg. producing cannabis oil.

Question 9

What are the 4 provisions regarding cannabis preparation?

Answer 9

• prove preparation contain THC
• subjected plant to process unless already in a form that is recognisable as plant material
• plant material means whole or part of leaf, flower or stalk
• Jury decides if recognisable as plant material if disputed by visual inspection