Production of a Controlled Drug

Question 1

Q: What is the law on the production of a controlled drug?

Answer 1

S4(2) 1971 Act
It is an offence for a person-
(a) to produce a controlled drug
(b) to be concerned in the production of such a drug

Question 2

Q: What does produce mean?

Answer 2

Produce means producing by manufacture, cultivation or by another method.

Question 3

Q: What if someone coverts one type of Class A into another?

Answer 3

This has been held to be producing, as has harvesting, cutting and stripping cannabis plants.

Question 4

Q: What does being concerned in the production require?

Answer 4

Requires evidence that the accused played an identifiable role in the production of the drug in question.
Eg: This was not satisfied in a case where someone allowed 2 others who were producing drugs to use his kitchen for that purpose.

Question 5

Q: What are the maximum sentences for production offences?

Answer 5

Class A- life imprisonment (indictment), 6 months summarily
Class B- 14 years (indictment), 6 months summarily
Class C- 14 years (indictment), 3 months summarily