Producing dangerous drugs is a crime under section 8 of the Act.

To produce is defined in section 4 of the Act, and includes preparing, manufacturing, cultivating, packaging or producing. It also includes offering to do any of those things or preparing to do any of those things.

The maximum penalty ranges from 15 years to 25 years imprisonment. This depends on the type and quantity of the drug produced. There are limited circumstances where the maximum penalty may be lower due to the defendant being drug dependent at the time of the offence. Drug dependence is defined as demonstrating impaired control or exhibiting drug-seeking behaviour that suggests impaired control over the person’s continued use of dangerous drugs. The dependence must also be likely to cause the person mental or physical distress or disorder if the person stops administering the drug.

It is also an offence to publish or possess instructions for the production of dangerous drugs. The maximum penalty for this is between 20 and 25 years imprisonment, depending on the type of drug referred to.

Robertson O’Gorman is experienced in providing legal advice regarding drug offences. Call us today on 3034 0000.