Produces or Manufactures a Controlled Drug

Question 1

Section and Penalty

Answer 1

Section 6(1)(b) Misuse of Drugs Act 1975 - Life/14/8

Question 2

Ingredients

Answer 2

• Produce OR Manufacture

- Any controlled drug

Question 3

Produce

Answer 3

To produce means to bring something into being or existence from its raw materials or elements

Question 4

Manufacture

Answer 4

Manufacturing is the process of synthesis; combining components or processing raw materials to create a new substance.

Question 5

R V Rua

Answer 5

The words ‘produce’ and ‘manufacture’ in section 6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substance into a controlled drug.

Question 6

When is the offence complete?

Answer 6

The offence is complete once the substance is created, whether or not it is in a useable form.

Question 7

The Crown must prove guilty knowledge. This will involve proof that:

Answer 7

The defendant knew about the producing/manufacturing
AND
knew the producing/manufacturing was a controlled drug
AND
intended to cause the produce/manufacturing