S6(1)(b) MODA 75 Produces or Manufactures Controlled Drug

Question 1

When is the offence of manufacturing complete?

Answer 1

Then offence is complete when the prohibited substance is created, whether or not it is in a useable form.
Ie Methamphetamine is suspension is a two layered liquid, although it is not useable in this state, it has still been manufactured.

Question 2

What is S29B MODA 75 (Cannabis Preparations)

Answer 2

Cannabis preparation is produced by subjecting cannabis plant to some kind of processing that renders it unrecognisable as plant material. This process has the effect of upgrading what was originally class C cannabis plant to a Class B Cannabis Preparation.

Ie, producing cannabis oil or baking cannabis cake.

It is for the prosecution to prove that the preparation to which the charge relates contains any tetrahydrocannabinols.

Question 3

The term equipment is not specified by statute, but includes implements, apparatus and other hardware used in the manufacturing producing or cultivating process. List 5 examples

Answer 3

• Glassware (meth)
• Condensers (meth)
• Heating mantles (meth)
• Pots (Cannabis)
• Lights (Cannabis)
• Timers (Cannabis)
• Water pumps (Cannabis)

Question 4

Material is also not defined by statute but in practice the term is likely to include anything used in the process of producing, manufacturing, or cultivating that cannot be properly described as equipment. List 4 examples of material

Answer 4

• Chemicals other than those classified as precursors
• Documentation providing instructions
• Fertilisers
• Nutrients

Question 5

What must the crown prove for S12A(2) MODA 75?

Answer 5

• That the defendant has equipment, material, or precursors in his possession
• That those items are capable of being used in the production or manufacture of controlled drugs or the cultivation of prohibited plants
• That the defendant has the intention that those items are to be used for such an offence, either by himself or another person.

Question 6

What is the primary difference between S12A(1) MODA 75 and S12A(2) MODA 75 when deciding charges?

Answer 6

S12A(1) are often filed against business who knowingly supply equipment for cultivating cannabis or against pseudo-shoppers, those who acquire quantities of pseudoephedrine and supply them to meth cooks.
S12A(2) relate to those in possession of such items with intent that they be used by themselves or there for a specified purpose, such as meth cooks and cannabis cultivators.

Question 7

What must the crown prove for S12A(1) MODA 75?

Answer 7

• That the defendant has supplied, produced or manufactured equipment, material or precursors
• That those items are capable of being used in the production or manufacture of controlled drugs, or the cultivation of prohibited plants
• That the defendant knows those items are to be used for such an offence by another person