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DEALING AND MANUFACTURE

In addition to user offences, there are a range of offences relating to the trafficking, manufacture, production, cultivation, sale, supply and administration of controlled drugs, plants or precursors.

Under the Act a person who [Controlled Substances Act 1984]:

  • traffics a commercial quantity of a controlled drug; [s32]
  • manufactures a commercial quantity of a controlled drug intending to sell any of it or believing another person intends to sell it; [s33]
  • sells a commercial quantity of a controlled precursor, believing that the buyer or someone else intends to use any of it to unlawfully manufacture a controlled drug;[33A]
  • cultivates a commercial quantity of a controlled plant intending to sell them or their products or believing another person intends to sell it; [33B]
  • sells or intends to sell a commercial quantity of a controlled plant [33C]

is guilty of an offence. Precursors are certain defined substances that are used in the manufacturing process to make controlled drugs. See the Controlled Substances (General) Regulations 2000. There is a distinction that affects only the penalty between large commercial quantity and commercial quantity. See PENALTIES for more information. It is also an offence to supply or administer a controlled drug to another person or have possession with the intent to supply or administer. [s33I]

Further definition of manufacture, production, sale, supply or administration

Persons take part in the manufacture, production, sale, traffic, supply or administration of a drug if they:

  • take or cause any step to be taken
  • provide or arrange finance for a step in the process
  • provide or permit premises to be used
  • aid, abet, counsel or procure the offence
  • solicit or incite the offence.

All of these actions are punished in the same way.

Presumption of supply  :  Last Revised: Mon Apr 28th 2008




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