Section 24 of the Drug Misuse and Trafficking Act 1985 (NSW) deems it an offence to manufacture a prohibited drug. The maximum penalty applying to manufacturing a prohibited drug is dependent on whether the matter is heard in the Local Court or District Court and on the type and quantity of the drug supplied. The following table gives a summary of the maximum penalties applicable:
| Drug Type | Small Quantity | Indictable Quantity | Commercial Quantity | Large Commercial Quantity |
|---|---|---|---|---|
| Ecstasy | 0.25 grams | 1.25 grams | 125 grams | 500 grams |
| Cocaine | 1 gram | 5 grams | 250 grams | 1 kilogram |
| Amphetamines | 1 gram | 5 grams | 250 grams | 1 kilogram |
| Heroin | 1 gram | 5 grams | 250 grams | 1 kilogram |
| Cannabis | 30 grams | 1 kilogram | 25 kilogram | 100 kilogram |
| Quantity Category | Local Court | District Court |
|---|---|---|
| Not more than small quantity | 2 years imprisonment and/or $5,500 fine | 15 years imprisonment and/or $220,000 fine |
| More than a small quantity but less than indictable quantity | 2 years imprisonment and/or $11,000 fine | 15 years imprisonment and/or $220,000 fine |
| More than indictable quantity but less than commercial quantity | Not applicable – only heard in District Court | 15 years imprisonment and/or $220,000 fine |
| More than commercial quantity but less than large commercial quantity | Not applicable – only heard in District Court | 20 years imprisonment and/or $220,000 fine |
| More than large commercial quantity | Not applicable – only heard in District Court | Life imprisonment and/or $550,000 fine |
In circumstances where the amount involved is above the commercial quantity, a standard parole period of 10 years is applicable. In circumstances where the amount involved is above the large commercial quantity, a standard parole period of 15 years is applicable.
To be convicted of this offence, the prosecution must prove beyond reasonable doubt that:
- You manufactured or produced a prohibited drug; or
- You knowingly took part in the manufacture or production of a prohibited drug.
If the prosecution fail to prove, beyond reasonable doubt, the above factors then you will not be found guilty of the offence.
However, if the above factors are proven beyond reasonable doubt, the charge can be defeated and you will be found not guilty if any of the following defences can be established:
- Necessity
- Duress
Section 35A which states that it is not illegal to possess or manufacture a prohibited substance if it is contained in a product where it cannot be readily extracted or synthesized, or in a product not for human consumption, or if the substance is possessed for the purpose of its disposal as waste or its destruction.
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