Section 6(1)(b) Produces Or Manufactures A Controlled Drug

Question 1

The term producing and manufacturing both relates to the process of creating controlled drugs. What case law relates?

Answer 1

R v Rua

Question 2

R v Rua

Answer 2

The words Produce and Manufacture in section 6(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 3

To produce means….

Answer 3

To bring something into being, or to bring something into existence from its raw materials or elements

Question 4

Produce definition section 2 MODA 1975

Answer 4

Produce includes compound and production has a corresponding meaning

To compound means to create a whole by mixing or combining two or more elements or parts.

Question 5

Manufacturing is…

Answer 5

The process of synthesis, combining components or processing raw materials to create a new substance.

Question 6

In relation to produce and manufacturing when is the offence complete?

Answer 6

The offence is complete once the prohibited substance is created, whether or not it is in a useable form.

Question 7

What does section 29B MODA 1975 cover?

Answer 7

Specifically with producing cannabis preparations. It provides that a cannabis preparation is produced by subjecting cannabis plant to some kind of processing that renders it unrecognisable as plant material. For example producing cannabis oil and cake.

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

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