Producing or Manufacturing

Question 1

Producing and Manufacturing

Answer 1

The terms “producing” and “manufacturing” are essentially synonymous; both relate to the process of creating controlled drugs.

Question 2

“Producing”

Answer 2

To “produce” means to bring something into being, or to bring something into
existence from its raw materials or elements.

Question 3

Producing examples

Answer 3

In R v Parke the defendant was charged with producing psilocybine after drying and pulverising magic mushrooms and placing the powdered material into capsules. The High Court held that although he had prepared and preserved the mushroom material, he had not produced psilocybine in the sense of having brought something new into existence. In this matter the mushrooms were crushed but were ultimately still mushrooms.

Question 4

Producing examples

Answer 4

By contrast, the separating out of component parts may amount to production, such as separating cannabis resin (oil) from cannabis plant, as this creates a new form of the drug. In this case the chemical constitutes have not been altered but would be concentrated and as such may change the schedule the chemical is classified within.

Question 5

Manufacturing

Answer 5

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

Question 6

Manufacturing examples

Answer 6

Common examples include manufacturing methamphetamine from pseudoephedrine, or manufacturing heroin from morphine.

Question 7

R v Rua

Answer 7

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 8

When is the offence complete

Answer 8

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

Question 9

Cannabis Preparations

Answer 9

Section 29B deals specifically with producing cannabis preparations.
It provides that a cannabis preparation is produced by subjecting cannabis plant to some kind of processing that renders it unrecognisable as plant material – for example, producing cannabis oil or baking a cannabis cake.

Question 10

Cannabis Preparations Example

Answer 10

Placing cannabis plant in a solution of isopropyl alcohol and then evaporating the liquid creates a cannabis preparation. This process concentrates the THC and has the effect of upgrading what was originally Class C cannabis plant to a Class B cannabis preparation.

Question 11

Must prove guilty knowledge:

Answer 11

This will involve proof that the defendant:
· knew about the produce/ manufacturing, and
· knew the produce/ manufacturing, substance was a controlled drug, and
· intended to cause the produce/ manufacturing

Question 12

R v Strawbridge

Answer 12

It is not necessary for the Crown to establish knowledge on the part of the
accused. In the absence of evidence to the contrary knowledge on her part will
be presumed, but if there is some evidence that the accused honestly believed
on reasonable grounds that her act was innocent, then she is entitled to be
acquitted unless the jury is satisfied beyond reasonable doubt that this was not
so.

Question 13

Any Controlled Drug

Answer 13

Means any substance, preparation, mixture or article specified or described in
Schedule 1, Schedule 2, or Schedule 3 of this Act and includes any controlled
drug analogue.

Section 2, Misuse of Drugs Act 1975