Producing Dangerous Drugs
Have you been charged with the criminal law offence of producing dangerous drugs? It's important to seek legal advice from an experienced lawyer as soon as possible. Learn more about this drug offence below.
s.8 Producing Dangerous Drugs (Drugs Misuse Act Queensland)
(1) A person who unlawfully produces a dangerous drug is guilty of a crime.
In Queensland, it is an offence to produce drugs. A person may be charged with this offence if they prepare, manufacture, cultivate, harvest, package or produce a dangerous drug. The maximum penalty for producing a Schedule 1 Drug is 25 years’ imprisonment, while the maximum penalty for Schedule 2 Drugs is 20 years’ imprisonment. Drugs commonly produced include cannabis, ecstasy, ice and methylamphetamine. Production includes cultivating, harvesting and weeding a crop of cannabis, as well as mixing chemicals in order to create an illicit drug.
Producing Dangerous Drugs charges are usually heard in the Magistrates or District Court. The seriousness of the offence and the existence of other connected offences will determine the court in which the matter must be heard.
In Queensland, if a person is convicted of Producing Dangerous Drugs, then the court could impose one of the following penalties:
- Jail (suspended, parole or actual time);
- Intensive Corrections Order;
- Community Service Order;
The severity of penalty imposed, however, is dependent on the size of the production, complexity of the project and its potential for profit. Other factors which will have an impact included the level of planning, purpose (commercial or personal) of the operation and the period over which the project has taken place.
Are there any defences available to this charge?
Yes. The facts of your case will determine which defences will be available for you. The following defences may be available to you:
- The substance produced was not a dangerous drug;
- The offender’s actions did not amount to production;
- No involvement in the production by the defendant.
What should I do if the police want to speak to me about a drug production allegation or if I am charged with producing drugs?
You have the right to remain silent. You DO have to provide the police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
Call an Expert
If you are charged with a criminal offence, it is very important that you seek immediate legal advice. Our team at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.