Section 6(1)(b) - Produces or manufactures a controlled drug Flashcards
What is the section and penalty for producing or manufacturing a controlled drug?
Section 6(1)(b):
- Life for Class A
- 14 years for Class B
- 8 years in any other case
What are the ingredients of S6(1)(b)?
- No person shall -
- Produce
OR
Manufacture
- Any controlled drug.
Producing
To bring something into being or to bring something into existence from its raw materials or elements.
Manufacturing
The process of synthesis; combining components or processing raw materials to create a new substance.
R v Rua (2008)
(Rua Bioscience produce OR manufacture medicinal cannabis)
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.
Application: produce/manufacture
What is the difference between producing and manufacturing?
- Producing: changing the nature of the original substance.
- Manufacturing: creating a new substance from the original materials.
Compound
To create a whole by mixing or combining two or more elements or parts.
Discuss R v Re Park and why this wasn’t considered to be producing.
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.
How does producing cannabis oil differ in the case of R v Re Park?
The separating of cannabis oil from the cannabis plant creates a new and more potent form of the drug.
When is the offence complete for producing or manufacturing?
The offence is completed once the prohibited substance is created, whether or not it is in a useable form.
Any controlled drug
Means any substance, preparation, mixture or article specified or described in schedule 1, schedule 2 or schedule 3 to the act and includes any controlled drug analogue.
Sec 2 Misuse Drugs Act 1975
