CONTROLLED SUBSTANCES ACT 1984 - SECT 33
CONTROLLED SUBSTANCES ACT 1984 - SECT 33
33—Manufacture of controlled drugs for sale
(1) A person who
manufactures a large commercial quantity of a controlled drug intending to
sell any of it or believing that another person intends to sell any of it is
guilty of an offence.
Maximum penalty: $1 000 000 or imprisonment for life, or both.
(2) A person who
manufactures a commercial quantity of a controlled drug intending to sell any
of it or believing that another person intends to sell any of it is guilty of
an offence.
Maximum penalty:
(a) for
a basic offence—
(i)
if the offender is a serious drug
offender—$500 000 or imprisonment for life, or both; or
(ii)
in any other case—$200 000 or imprisonment for 25
years, or both;
(b) for
an aggravated offence—$500 000 or imprisonment for life, or both.
(3) A person who
manufactures a controlled drug intending to sell any of it or believing that
another person intends to sell any of it is guilty of an offence.
Maximum penalty:
(a) for
a basic offence—
(i)
if the offender is a serious drug
offender—$75 000 or imprisonment for 15 years, or both; or
(ii)
in any other case—$50 000 or imprisonment for 10
years, or both;
(b) for
an aggravated offence—$75 000 or imprisonment for 15 years, or
both.
(a) in
any proceedings for an offence against subsection (1), (2) or (3) it is
proved that the defendant manufactured a trafficable quantity of a
controlled drug; or
(b) in
any proceedings for an offence of attempting or conspiring to commit an
offence against subsection (1), (2) or (3) it is proved that the
defendant attempted or conspired (as the case may require) to manufacture a
trafficable quantity of a controlled drug,
it is presumed, in the absence of proof to the contrary, that the defendant
had the relevant intention or belief concerning the sale of the drug necessary
to constitute the offence.