Section 6(1)(b) Produce or Manufacture a controlled drug

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

Give some examples of Manufacturing a controlled drug?

and

When is the offence complete?

Answer 2

• Methamphetamine from pseudoephedrine
• heroin from morphine

The offence is complete once it is created and not necessarily when it is in useable form.

Question 4

What section deals with producing cannabis preparations?

What is involved in the preparation and what does the prosecution need to prove?

What class of drug does the preparation fall under?

Answer 4

Section 29B

Rendering the cannabis unrecognisable as a plant

The prosecution needs to prove that the product contains tetrahydrocannabinols

The cannabis product moves from class C to class B contrilled drug.

Question 5

Quote MODA75 s6(1)(b)

Answer 5

Except:

• as provided in section 8, or
• pursuant to a licence under this Act, or
• as otherwise permitted by regulations made under this Act,

no person shall—

(b) produce or manufacture any controlled drug; or

Question 6

Is concentrating a drug considered Producing?

Answer 6

Yes. Separating out component parts may be considered Producing. For example. Removing the resin form cannabis to make oil is a form of Producing.

Question 7

Why is s29B unique when comparing cannabis to any other controlled drug?

Answer 7

In Re Park the defendant was charged with producing psilocybine after drying and pulverising magic mushrooms into powder and placing it in capsules.

But the Court held that this was not Producing because the defendant had not brought something new into existence.

By contrast, s29B provides that a cannabis preparation is produced by subjecting cannabis plant to some kind of process that renders it unrecognisable as a plant material.

For example: it is not enough to pulverise a magic mushroom and place it in a capsuel, but it is enough to pulverise a cannabis leaf and place it in a cookie.

Question 8

What is the liability for Producing, and the appropriate case law?

Answer 8

MODA75 s6(1)(b)

produce (R v Rua)

or manufacture (use the most accurate)

any controlled drug (Schedule 1,2 or 3, or for a defence use Strawbridge)

Question 9

R v Strawbridge

Answer 9

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 had honestly believed on reasonable grounds that her act was innocent,

then she is entitled to be acquuitted, unless the jury is satisfied beyond reasonable doubt that this was not so.