Producing a Dangerous Drug

The word “produce” is given a very wide meaning in Queensland’s drug law. It means:

  1. prepare, manufacture, cultivate, package or produce, and
  2. offering to do any of the above, and
  3. doing anything in preparation for the above, and
  4. doing anything in furtherance, or for the purpose of the above, and
  5. offering to do anything in preparation, furtherance, or for the purpose of the above.[1]

To prove any offence the prosecution must persuade a jury beyond reasonable doubt. At a minimum the prosecution in a production case would need to establish that something was done to prepare for the manufacture of a dangerous drug.

 

Sentencing

 

The maximum sentence for the production offence can be up to 25 years imprisonment, depending on the drug and the amount produced.[2]



[2] Section 8(c) Drugs Misuse Act 1986. For example, the maximum increases from 20 to 25 years if more than 2 grams of methylamphetamine is actually produced, but that does not apply to a case where there is an attempt to produce more than 2 grams; R v Geary [2002] QCA 33.