PRODUCING A DANGEROUS DRUG QLD

Production of Dangerous Drug Charges Qld

 

What The Law Says

 

The criminal offence of producing a dangerous drug in Queensland is contained in the Drugs Misuse Act. Section 8 of the DMA says:

 

A person who unlawfully produces a dangerous drug is guilty of a crime.

 

What The Prosecution Must Prove

 

For an offence under section 8 of the Drug Misuse Act in Queensland, the prosecution must prove the following elements beyond a reasonable doubt:

1. The accused produced something.
2. The thing produced is a dangerous drug.
3. The production of the dangerous drug was unlawful. This means the production must not have been authorised or justifed or excused at law.

 

What Are Dangerous Drugs?

 

What is defined as a “dangerous drug” in Queensland has been expanded upon to include more than the standard drugs. The Queensland Government has expanded upon the definition to include things which will give you the same effect as a dangerous drug. For example, a thing may not be cannabis, but it may give you the same effect as if you had smoked cannabis. The new and expanded definition of “dangerous drug” would capture this in the Drugs Misuse Regulation 1987.

 

Section 4 of the Drugs Misuse Act gives a definition of “dangerous drug” as:

 

dangerous drug means—

(a) a thing stated in the Drugs Misuse Regulation 1987, schedule 1 or 2; or

(b) any part of a plant that is a thing stated in the Drugs Misuse Regulation 1987, schedule 1 or 2; or (c) a derivative or stereo-isomer of a thing mentioned in paragraph (a) or (b); or

(d) a salt of a thing mentioned in any of paragraphs (a) to (c); or (e) an analogue of a thing mentioned in any of paragraphs (a) to (d); or

(f) a thing that has, or is intended to have, a pharmacological effect of a thing mentioned in any of paragraphs (a) to (e); or Note— See also section 4BA for when a thing is intended to have a pharmacological effect of a thing mentioned in any of paragraphs (a) to (e).

(g) a thing mentioned in any of paragraphs (a) to (f) that is contained in—

(i) a natural substance; or

(ii) a preparation, solution or admixture.

 

What Does “Produce” Mean?

 

There does not always need to be a product of a dangerous drug to prove this offence. The definition of “produce” under the Drugs Misuse Act is an extended one. In some situations, being in possession of chemicals and glassware used to produce a dangerous drug may be sufficient.

 

Section 4 of the Drugs Misuse Act gives a definition of “produce” as:

produce means—

(a) prepare, manufacture, cultivate, package or produce;

(b) offering to do any act specified in paragraph (a);

(c) doing or offering to do any act preparatory to, in furtherance of, or for the purpose of, any act specified in paragraph (a).

 

 

What Are The Defences To This Charge?

 

If you are charged with producing a dangerous drug qld there are some defences which may be open to you including:

1. What you did does not satisfy the definition of “produce”.
2. What you produced does not meet the definition of a dangerous drug.
3. The production of the dangerous drug was authorised, justified or excused at law.
4. Duress- You were compelled to produce the dangerous drug under duress, they may be able to use this as a defence.

 

Maximum Penalty

 

The maximum penalty for producing a dangerous drug qld will depend on the drug produced and the quantity.

 

25 years imprisonment

• If the dangerous drug is a Schedule 1 Drug and the quantity is or exceeds the quantity in Schedule 4 of the Drugs Misuse Regulation 1987.

 

• If the dangerous drug is a Schedule 1 Drug and the quantity is or exceeds the quantity in Schedule 3, but less than the Schedule 4 weight in the Drugs Misuse Regulation 1987 and the accused does not satisfy the sentencing court they were a drug dependent person.

 

20 years imprisonment

• If the dangerous drug is a Schedule 1 Drug and the quantity is or exceeds the quantity in Schedule 3, but less than the Schedule 4 weight in the Drugs Misuse Regulation 1987 and the accused satisfies the sentencing court they were a drug dependent person.

 

• If the dangerous drug is a Schedule 1 Drug and the weight does not exceed the Schedule 3 weight.

 

• If the dangerous drug is a Schedule 2 Drug and the quantity is or exceeds the quantity in Schedule 3 weight in the Drugs Misuse Regulation 1987.

 

15 years imprisonment

• If the dangerous drug is a Schedule 2 Drug and the quantity is not of, or does not exceed the Schedule 3 weight in the Drugs Misuse Regulation 1987.

 

What Factors Will Influence The Penalty?

 

The penalty you will be sentenced to for producing a dangerous drug qld will depend on various things, including:

• The type of drug (Schedule 1 or 2) you produced.
• The quantity of the dangerous drug you produced.
• Was the production of the dangerous drug for personal use, or for commercial gain?
• Whether the production facility was sophisticated/professional or amateurish.
• The duration of the production.
• If you have any prior convictions for drug offences, including producing a dangerous drug.
• Whether you plead guilty to the offence, or if you are convicted of the offence after trial.
• Your personal circumstances (including if you have taken any steps towards rehabilitation, your age, employment, education, mental health history, and family).
• Whether you were co-operative with police.
• Whether you were found to be a “drug dependent person” by the sentencing court.

 

 

Which Court Will Hear The Charge?

 

The Court which will hear the charge will depend on a variety of things, including:

• The type of drug.
• The quantity of the drug.
• Whether the production was for a commercial purpose.

 

The Magistrates Court, District Court, and the Supreme Court can all hear a charge of producing a dangerous drug qld. The court which will ultimately hear the charge will depend on the above issues.

 

Criminal Lawyers Brisbane Group, The Drug Offence Experts

 

If police charge you with a drug offence, the best thing you can do is arm yourself with a criminal defence lawyer.  But, not any criminal lawyer. You want a criminal lawyer whose primary practice is drug offences. At the Criminal Lawyers Brisbane Group we focus on crimes involving sex, drugs and, no, not rock and roll, but fraud.

 

If you want the best result, you need the best Brisbane criminal lawyers. Contact the Criminal Lawyers Brisbane Group today for confidential expert advice. We represent clients throughout South-East Queensland. No matter where your criminal charge is, our drug lawyers can help you.

 

If you or someone you know needs help or advice about drug abuse or addiction you can contact the Queensland Health Alcohol and Drug Support (ADIS) on 1800 177 833.