Manufacture and production of prohibited drugs – s 24 Drugs Misuse & Trafficking Act 1985 (NSW)

The maximum penalty for this offence depends on the number of plants involved, and whether or not the cultivation occurred by enhanced indoor means.

The maximum penalty for this offence varies depending on the quantity of the drug:

If you are convicted of CANNABIS supply, then the following maximum penalties apply:

• small quantity (30g) – 10 yrs. gaol and / or a $220,000 fine ($5,500 in the Local Court).
• Traffickable quantity (300g) – 10 yrs. gaol and / or a $220,000 fine ($11,000 in the Local Court ).
• Indictable quantity (1kg) – 10 yrs. gaol and / or a $220,000 fine.
• Commercial quantity (25kg) – 15 yrs. gaol and / or a $385,000 fine.
• Large commercial quantity (100kg) – 20 yrs. gaol and / or a $550,000 fine.

Under state laws, the quantity of the drug is determined by its gross weight, including additives. Under federal or commonwealth laws, the quantity of the drug is determined by the pure quantity of the drug.

Where a child is involved, then the penalties are greater than that stated above.

Please note: if a matter is heard in the local court, then the maximum gaol term is 2 years.

NB: Please note that these penalties are reserved for the most serious cases only.

This option is recommended only where you accept that:

• you manufactured or produced a prohibited drug; or
• you were aware of and took part in the manufacturing or production process
• the substance that was manufactured or produced was a prohibited drug.

Where charges involve the exposure of a child, then you accept that:

• a child is exposed to the manufacturing, production or storing process

A plea of guilty at the first available opportunity entitles you to a maximum sentencing discount of 25 per cent. It demonstrates to the court that you have accepted responsibility for your actions.

What possible outcomes exist?

• A fine
  • This varies depending on the number of plants involved.
• A non-conviction via a section 10 – asking the court for leniency
  • Leniency is where the court has found you guilty, but has exercised a discretion not to convict you. Therefore, you will avoid:
    • a fine or a penalty.
    • a conviction
• Conditional release order “CRO” (with or without conviction)
  • This is usually subject to a period of good behaviour.
  • If an offence is committed during the period of the order, a court may resentence you for the offence committed.
• Community Corrections Orders (“CCO”)
  • A court may exercise this option (when aggravating circumstances Examples of aggravating circumstances include a repeat offence.
  • An example of a CCO is performing service within the community.
• Intensive Corrections Order (“ICO”)
  • This is where a term of imprisonment can be served in the community.
• Full-time imprisonment
  • Served in a correctional facility.

To prove this charge, the Prosecution must establish, beyond a reasonable doubt that:

• you manufactured or produced a prohibited drug; or
• you were aware of and took part in the manufacturing or production process
• the substance that was manufactured or produced was a prohibited drug.

Where charges involve the exposure of a child, the prosecution must also prove

• a child is exposed to the manufacturing, production or storing process, and that
• the health or safety of a child under 16 is endangered because of that exposure.

If the Prosecution cannot prove all of the above elements beyond reasonable doubt, then the court must find you not guilty.

Defences:

• Honest and reasonable mistake of fact
  • you did not knowingly take part in the manufacture or production of drugs.
• The substance in question was not a prohibited drug
• Duress
  • you were threatened or intimidated into manufacturing or producing a prohibited drug
• Section 35A defence
  • The substance in question is contained in a product where cannot be readily extracted or synthesized into a prohibited drug.
• Where a child under 16 is involved
  • the health or safety of the child is not endangered.