A person will be guilty of an offence if they manufacture a controlled drug or precursor. The term manufacture means: “undertaking any process by which the drug is extracted, produced, or refined; or take part in the manufacture of the substance”.

The penalties that apply to these offences will vary depending on the quantity of the drug and the intention. The penalties will be higher if a person manufactures a controlled drug with the intention to sell. Higher penalties will also apply if the quantity is of large commercial.

If you have been charged with manufacturing a controlled drug, it is impreative that you speak with one of our specialist criminal lawyers at Caldicott lawyers for expert advice. Please call 8110 7900.

Manufacturing a controlled drug for sale

• Large commercial quantity: $500,000 or imprisonment for life or both
• Commercial quantity: $200,000 or 25 years imprisonment or both
• Trafficable quantity: $50,000 or imprisonment for 10 years or both

Manufacturing a controlled precursor for sale

• Large commercial quantity: $200,000 or 25 years imprisonment or both
• Commercial quantity: $75,000 or 15 years imprisonment or both
• Trafficable quantity: $50,000 or imprisonment for 10 years or both
• Manufacturing a controlled drug: $35,000 or imprisonment for seven years or both

It may be a defence to the charge if:

• You can show that you’re not in possession of the substance
• That you were not involved in the manufacturing

The police must prove that you:

• are in possession of the necessary equipment and substance for manufacture;
• the substance is in your possession; or
• you have been involved in manufacturing of the substance

Offences relating to manufacturing will be dealt with in the District Court, unless the penalty attracts a sentence of imprisonment of 2 years or less. In such a case the matter will be dealt with in the Magistrates Court of South Australia. If you are charged with this offence or a drug trafficking charge, we highly recommend getting in touch with one of our criminal defence lawyers to assist in your matter.