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Producing Dangerous Drugs Charge
A dangerous drug is described in schedules 1 and 2 of the Drugs Misuse Regulation. In Queensland, the most common schedule 1 drugs include cocaine and MDMA, whereas the most common schedule 2 drug is cannabis, in the context of drug offending. It is an offence to produce dangerous drugs if they fall within these schedules according to section 8 of the Drugs Misuse Act 1986 (Q).
The importance of the schedules is that it allows lawyers to determine which Court has jurisdiction, or in other words, which Court has to deal with the matter. For instance, if the allegations involve the production of cannabis less than a schedule 3 Drug Misuse Regulation quantity (500 grams) then the matter must be dealt with in the Magistrates Court, whereas if the production involves schedule 1 drugs or schedule 2 drugs in excess of the schedule 3 amount then they have to be committed to the District or Supreme Court for trial or sentence.
What are the penalties for the production of dangerous drugs?
Subject to the different drugs possessed and the amount, the maximum term of imprisonment varies between 15 years and 25 years.
Proof of the production of dangerous drugs
In order to prove the production of dangerous drugs, the Police will need to prove that a dangerous drug was, in fact, produced or that there is a production line set up to produce a dangerous drug. For example, a hydroponic set up with heat lamps, fans and soil where seeds have been planted would constitute producing cannabis even though it may not have yielded a crop.
A second important question will also be whether the drugs were being produced for a commercial purpose. The evidence will usually dictate this, for instance, if there is a small single plant of cannabis then the Court is unlikely to accept it was produced for a commercial purpose without other supporting evidence. This varies from case to case and will always depend on the evidence.
It is important that you speak to Rana Lawyers before speaking to the Police in order to assess:
Drug offences, particularly manufacturing drugs charges, can carry very serious consequences, including imprisonment. This makes them significant matters under the eyes of the law.
Trust Rana Lawyers
When facing manufacturing drug charges or seeking legal advice, it’s crucial to engage a professional criminal lawyer. Having legal representation is essential for safeguarding your rights, constructing a robust defence, and securing the best possible outcome in this high-stakes legal landscape.
At Rana Lawyers, our seasoned team will be with you every step of the way, guiding you through the legal process and ensuring that you understand what to expect.
With decades of experience in trials and adversarial work, Rana Lawyers offers the highest quality of representation in Court.