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".
What court will hear the matter
Offences relating to manufacture will be dealt with in the District Court of South Australia unless the penalty attracts a sentence of imprisonment of 2 years or less in which case the matter will be dealt with in the Magistrates Court of South Australia.
What the prosecution must prove
The prosecution must prove that you:
- are in possession of the necessary equipment and substance for manufacturing;
- the substance is in your possession; or
- you have been involved in manufacturing the substance.
There are a range of possible defences including, but not limited to, the following:
- you are not in possession of the substance;
- you were not involved in the manufacturing.
The penalties that apply vary depending on the quantity of the drug and the intention. The penalties are higher if a person manufactures a controlled drug with the intention to sell. Higher penalties also apply if the quantity is of large commercial amount.
The maximum penalties for manufacturing a controlled drug for sale are:
- 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 10 years imprisonment or both
The maximum penalties for manufacturing a controlled precursor for sale are:
- 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 10 years imprisonment or both.
The maximum penalty for manufacturing a controlled drug is $35,000 or 7 years imprisonment or both.