Drug Manufacture
Facing Allegations of Illicit Drug Production?
Here’s What You Need to Know
Being accused of manufacturing prohibited drugs is a serious offence in NSW and can lead to significant penalties, even if your role was limited. Common circumstances that may lead to charges include:
- Assisting with the setup or operation of equipment used to make drugs
- Providing materials or premises knowingly used in drug production
- Participating in any step of the synthesis process, regardless of scale
Even if you did not directly produce the substance, involvement in any part of the process can result in criminal charges.
If you have been charged or questioned, contact Brightstone Defence Criminal Lawyers immediately for strategic legal guidance.
Under NSW law contained in section 24(1) of the Drug Misuse and Trafficking Act 1985, drug manufacture refers to the process of producing, preparing, or synthesising illegal drugs. This could involve running a lab, mixing chemicals, or even just helping out with any step in the production of substances like MDMA, methamphetamine, or LSD. It’s not just “big operations”, even smaller scale home manufacturing falls under this offence.
Elements the Prosecution Must Prove
To convict someone of drug manufacture, the prosecution must show that:
- The person participated in the manufacture of a prohibited drug (actively or by helping)
- They knew or were reckless as to the fact that a prohibited drug was being made
- The substance produced is illegal under the Drug Misuse and Trafficking Act 1985 (NSW)
It’s not enough to be near the scene — you must be knowingly involved.
Possible Defences
Some legal defences that may apply include:
- Lack of knowledge – if the person didn’t know they were part of drug production
- Duress – they were forced or threatened to take part
- No actual drug – if the substance isn’t legally classified as a prohibited drug
- Mistaken identity – they weren’t the person involved
Each case is dependent on the specific facts and evidence, making it essential to have a lawyer that is able to provide you with the most accurate legal advice for your case.
Potential Penalties
Penalties depend on the type and quantity of drug, and the scale of the operation, but as stated in section 24(1) of the Drug Misuse and Trafficking Act 1985, they can include:
- Up to 15 years imprisonment for all drugs except cannabis
- A maximum of 10 years imprisonment for cannabis
- Life imprisonment for large commercial quantities
- Hefty fines (hundreds of thousands)
- A criminal record, which can seriously impact future travel, employment, and study
Even minor involvement can have serious consequences.
Legal Process
& Options
If charged, you will need to appear in court. The prosecution must prove you knowingly participated in the manufacture of a prohibited drug. Our lawyers can assist you at every stage, from bail applications to court representation.
Pleading
Not Guilty
We will build a tailored defence strategy, which may involve:
- Challenging whether the substance was a prohibited drug
- Raising defences such as lack of knowledge or mistaken identity
- Identifying flaws in the prosecution’s evidence or procedure
Our team will thoroughly examine all aspects of your case and fight for the best possible result on your behalf.
Pleading
Guilty
Your matter will proceed directly to sentencing. Entering an early guilty plea may:
- Reduce your sentence and legal costs
- Demonstrate remorse, increasing your chances of a more lenient outcome
- Improve your prospects of avoiding a criminal conviction through a Section 10 or Conditional Release Order
Before pleading guilty, speak to Brightstone Defence to understand your rights and options.
Legally, manufacturing a prohibited drug typically refers to being included in the production. This could include, for example:
- Going to a friend’s house and helping him operate a pill press
- Buying an at-home kit and making your own MDMA at home
No, it can also include any steps that are part of the production process, such as:
- Mixing precursors
- Assembling lab equipment
- Preparing ingredients with the intent to manufacture a prohibited substance
No, even on a small scale it is illegal. It is a criminal offence under section 24(1) of the Drug Misuse and Trafficking Act 1985 (NSW) regardless of the scale or quantity.
Absolutely. Prosecutors need to prove there was intent to produce a prohibited drug. Mere possession of certain chemicals or tools without intent may not meet the legal definition of manufacturing. However, it is essential to have strong legal support to help differentiate your involvement.
Precursor substances are materials used to make prohibited drugs in NSW.
NSW law restricts unauthorised possession of certain precursors, such as pseudoephedrine, if intended for drug manufacturing.
- Supply involves evidence of distribution or the intent to distribute a prohibited drug
- Deemed supply applies when someone is found with more than the trafficable quantity
- In such cases, the law presumes intent to supply, even without direct proof
Intent to supply may be inferred from evidence such as:
- Text messages arranging deals
- Possession of sealable bags or scales
- Large amounts of unexplained cash
- Being in a known drug distribution area
Yes. Under section 29 of the Drug Misuse and Trafficking Act 1985, if you are found with more than the trafficable quantity, the law presumes intent to supply unless proven otherwise.
Yes. For small amounts (15 to 30 grams of dried cannabis), NSW Police may issue a Cannabis Caution.
The Cannabis Cautioning Scheme:
- Has been in place since 2000
- Is operated by the NSW Police Force
- Was developed after the 1999 NSW Drug Summit
Police have discretion to issue a caution, encouraging legal awareness and health support.
For more serious offences, seek legal advice immediately.
Courts consider factors such as:
- Circumstances of the offence
- Offender’s criminal history and character
- Mitigating factors (section 21A of the Crimes (Sentencing Procedure) Act 1999)
It is rare for a first-time offender to be imprisoned. Alternative sentencing may include:
- Fines
- Community release orders
- Community corrections orders
First-time offenders may avoid conviction by:
- Participating in drug court programs
- Pursuing rehabilitation
- Securing a section 10
- Submitting an apology letter
- Providing character references
Legally, manufacturing a prohibited drug typically refers to being included in the production. This could include, for example:
- Going to a friend’s house and helping him operate a pill press
- Buying an at-home kit and making your own MDMA at home
No, it can also include any steps that are part of the production process, such as:
- Mixing precursors
- Assembling lab equipment
- Preparing ingredients with the intent to manufacture a prohibited substance
No, even on a small scale it is illegal. It is a criminal offence under section 24(1) of the Drug Misuse and Trafficking Act 1985 (NSW) regardless of the scale or quantity.
Precursor substances are materials used to make prohibited drugs in NSW.
NSW law restricts unauthorised possession of certain precursors, such as pseudoephedrine, if intended for drug manufacturing.
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