Unveiling the Legalities, Penalties, and Possible Defences
Behind the curtain of everyday life lies a hidden world that few truly understand: the realm of drug production in Queensland.
In Queensland, the production of dangerous drugs is considered a criminal offence, and the law takes a stringent stance against those involved.
What are the complexities of drug production laws in Queensland? Discover the types of dangerous drugs, possible defences, penalties, and the importance of seeking legal assistance if you find yourself facing production charges.
Types of Dangerous Drugs
Queensland's drug law categorises dangerous drugs into two schedules: Schedule 1 and Schedule 2.
Schedule 1 contains the more serious substances. Possession of the Schedule 1 drugs are considered the most serious with more significant penalties. The ‘dangerous drugs’ of schedule 1 are Cocaine, Heroin, LSD, Methylamphetamine, MDMA and Amphetamine.
Schedule 2 contain less serious drugs such as Cannabis, methadone, morphine, GHB, Valium, Temazepam, Synthetic cannabinoids and others. Penalties for possession of these drugs is less severe than possession of schedule 1 drugs.
Understanding Drug Production Laws in Queensland
The Drugs Misuse Act 1986 (Qld) outlines the laws surrounding drug production in Queensland.
According to this legislation, "production" encompasses a wide range of activities. It includes not only the physical preparation, manufacture, cultivation, and packaging of dangerous drugs; but also offering to do any of these acts and any preparatory acts related to drug production.
Section 8 of the Drug Misuse Act 1986 states:
'A person who unlawfully produces a dangerous drug is guilty of a crime.'
Penalties and Sentencing
Penalties can range from diversion programs for first-time offenders to lengthy imprisonment. The maximum penalty for producing a Schedule 1 drug can be 25 years of prison time.
The penalties for production of dangerous drugs in Queensland are far-reaching and depend on several factors, such as:
Intent: Was the production driven by personal use or a more nefarious agenda of commercial gain?;
Quantity and Quality: The amount and purity of the drug in question can significantly influence sentencing;
Sophistication and Scale: The size and complexity of the drug production operation play a crucial role; and
Duration: The length of time during which the accused person engaged in the production of dangerous drugs.
The court that hears your production charges depends on the type and quantity of drugs involved. Minor offences with small drug quantities are typically dealt with in the Magistrates' Court. More serious offences, particularly those involving large quantities, are heard in the District or Supreme Courts.
Defences to Production Charges
Facing production charges can be daunting, but it's important to know that there are legal defences available. Some common defences include:
Identity: Proving that you were not the person involved in the alleged conduct.
Coercion: Demonstrating that you were forced to take part in the process against your will.
Honest and reasonable mistake: Showing that you genuinely and reasonably believed the substance produced was not a dangerous drug.
Insufficiency of evidence: Challenging the prosecution's ability to prove that a production of dangerous drugs occurred or was about to occur.
Seeking Legal Assistance
When facing production charges of dangerous drugs in Queensland, it's crucial to seek professional legal assistance.
The consequences of a conviction can impact various aspects of your life, including employment, travel, and financial prospects.
Our experienced team of lawyers at Creevey Horrell Lawyers is well-versed in handling production of dangerous drug charges at all levels of the Queensland Court System. We can provide expert advice, guide you through the legal process, negotiate with the prosecution, and work to reduce the penalties and the impact on your future.
If you or someone you know is charged with producing a dangerous drug, don't hesitate to reach out to our team today for initial advice and a strong legal defence.
Contact Creevey Horrell Criminal Lawyers
Based in Brisbane, Roma, Toowoomba, and Townsville.
Visit www.chcriminallawyers.com.au/contact-us to contact us today.