Section 6(1)(b) - Produce/manufactures

Question 1

R v Rua

Answer 1

The words “produce” or “manufacture” in s6(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 2

Definition of “produce”

Answer 2

as per s 2 of the MODA

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

includes “compound” - to create a whole by mixing or combining two or more elements or parts

Question 3

Definition of manufacturing

Answer 3

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

Question 4

When is the offence of 6(1)(b) MODA75 completed?

Answer 4

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

Question 5

section 29B

Answer 5

Deals specifically with producing cannabis preparations.

A cannabis preparation is produced by subjecting cannabis plant to some kind of processing that renders is unrecognisable as plant material

This process has the effect of upgrading what was originally Class C cannabis plant to a Class B cannabis preparation

Question 6

the definition of any controlled drug for a 6(1)(b) offence?

Answer 6

Paragraph (b) relates to any controlled drug, irrespective of class