Charged with manufacturing a controlled drug for sale?

In South Australia, under section 33 of the Controlled Substances Act 1984 (SA), it is an offence to manufacture a controlled drug or precursor. This includes producing, extracting, refining, or taking part in any step of the manufacturing process.

Controlled drugs include illicit substances like methamphetamine, MDMA, heroin, cocaine, LSD, and their precursors. The full list of controlled drugs is outlined in Schedule 1 Part 2 of the Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 (SA).

The penalties depend on the quantity and whether the offence was for sale:

• Large commercial quantity: Up to life imprisonment or a $500,000 fine.
• Commercial quantity: Up to 25 years imprisonment or a $200,000 fine.
• Trafficable quantity: Up to 10 years imprisonment or a $50,000 fine.
• Personal use: Up to 7 years imprisonment or a $35,000 fine.

Yes. Even if you manufacture a drug for personal use, it is still a criminal offence under section 33J(1) of the Controlled Substances Act. However, the penalties are generally less severe than if there was intent to sell.

“Manufacturing” includes any process to produce or extract a drug, such as chemical synthesis, refining raw materials, or even directing or financing someone else to perform these tasks [s 4(1), 4(4), 4(6) of the Act].

Activities include:

• Supplying or storing precursor chemicals
• Providing premises or finance
• Transporting or concealing equipment or substances

Even indirect involvement, like allowing your property to be used, can amount to an offence under section 4(6).

Yes. You can be charged if you participated in any part of the manufacturing process, even if you didn’t physically produce the drug. This includes planning, funding, or storing equipment.

A trafficable quantity varies depending on the drug. For example, 2 grams of methamphetamine or MDMA is considered trafficable. The full list of prescribed amounts is found in the Regulations Schedule 1, Part 2.

Even if there’s no direct evidence of sale, possession of more than a trafficable amount is deemed to be for sale unless proven otherwise [s 33(4)]. Selling includes bartering, offering, storing for distribution, or giving drugs away.

Defences may include:

• You were not in possession of the drug or equipment
• You did not participate in any part of the manufacturing process
• You had no knowledge of the substance being a drug
• The substance was not a controlled drug

Generally, serious drug manufacturing cases are heard in the District Court of South Australia. If the penalty is 2 years or less, the case may be heard in the Magistrates Court.

Yes. Under section 33J(2), it is an offence to possess precursors or equipment with the intent to manufacture a controlled drug. The penalty can be up to 5 years imprisonment or a $20,000 fine, and higher for aggravated offences.

In South Australia, most manufacturing offences fall under State legislation (Controlled Substances Act 1984). However, the Commonwealth Criminal Code applies to commercial-scale operations or offences involving importation/exportation.

If you manufacture a precursor intending it to be used in drug production, penalties include:

• Large commercial quantity: Up to 25 years imprisonment or $200,000 fine
• Commercial quantity: Up to 15 years imprisonment or $75,000 fine
• Trafficable quantity: Up to 10 years imprisonment or $50,000 fine

Bail is not automatically granted. The court will consider:

• The seriousness of the charge
• Whether the quantity involved suggests commercial intent
• Your prior convictions
• Risk of reoffending or interfering with witnesses

Legal representation is crucial in bail applications for manufacturing offences.