15.09.14
What is the penalty for manufacturing drugs?
What is the penalty for manufacturing drugs?
What is the definition of manufacturing?
The term “manufacture” is defined under Section 3 of the Drug Misuse and Trafficking Act 1985.
Manufacturing can be described as the process of extracting or refining the prohibited drug. This definition covers a wide range of activities, and it is not necessary that the activities fit into either extracting or refining.
Is how much you manufacture relevant to the penalty?
Did you know that, according the latest statistics, 1 in 3 offenders who are sentenced in the District Court (Maximum 15 years Imprisonment), for manufacturing methamphetamine do not receive a sentence of full time jail?
In the Local Court, according to the statistics, half of those convicted for manufacturing methamphetamine do not receive a sentence of full time jail.
The penalty for manufacturing drugs increases with the amount of drug that it is alleged that is manufactured. The table below indicates the maximum penalty for different amounts:
The table below shows the maximum penalties:
| Quantity | Cocaine | Methylamphetamine | Ecstasy | Heroin | Maximum Penalty |
| Small | 1 gm | 1 gm | 0.25 gms | 1 g | 2 years imprisonment and/or a fine of $5,500 (if dealt with summarily) |
| Indictable | 5 gms | 5 gms | 1.25 gms | 5 gms | 15 years imprisonment and/or a fine of $220,000 |
| Commercial | 250 gms | 250 gms | 125 gms | 250 gms | 20 years imprisonment and/or a fine of $385,000 |
| Large Commercial | 1 kg | 1 kg | 500 gms | 1 kg | Life imprisonment and / or a fine of $550,000 |
As can be seen, the penalty for manufacturing drugs can vary greatly, depending on the weight of drug, however, it is clear that the courts take manufacturing drugs charges very seriously.
Upon conviction, the penalty for manufacturing drugs could be a lengthy term of full time imprisonment.
For more information on manufacturing prohibited drugs, go to:
https://lylawyers.com.au/criminal-law/criminal-offence/drug-offences/manufacture-prohibited-drugs/
For general information on penalties, or to see case studies on types of penalties, go to our penalties page:
https://lylawyers.com.au/criminal-law/penalties/
If you have been charged with manufacturing prohibited drugs, it is important that you seek legal advice immediately.
Call LY Lawyers on 1300 595 299 for a free consultation with one of our expert drugs lawyers.
