Producing covers growing, manufacturing and even packaging drugs, from a few cannabis plants to a lab. The schedule and quantity decide how serious it is. Talk to Joseph Rahim about your charge.
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Unlawfully producing a dangerous drug is a crime under the Drugs Misuse Act 1986 (Qld). “Produce” means prepare, manufacture, cultivate, package or produce, and includes offering to do so or doing something in preparation. Queensland lists dangerous drugs in two schedules. Schedule 1 includes heroin, cocaine, methylamphetamine and MDMA. Schedule 2 includes cannabis. A schedule 1 drug is treated more seriously than a schedule 2 drug, and larger quantities are treated more seriously again.
Cultivating is producing. It needs a positive act, such as watering or tending, but you do not have to have planted the plants yourself.
Producing a schedule 2 drug, such as cannabis, below a set quantity can be dealt with in the Magistrates Court. Schedule 1 drugs and larger quantities are more serious.
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Every matter is different, but most follow this order.
You may be asked to take part in an interview. You have the right to remain silent, but you must give your name and address when asked. Get advice before you say anything else.
You are charged and given a court date, sometimes on bail with conditions. Read the conditions carefully; breaching them is an offence.
Charges usually start in the Magistrates Court. For people charged in or around Cairns, that is usually the Cairns Magistrates Court on Sheridan Street.
The matter is resolved by a plea of guilty, a hearing or trial, or the charge being withdrawn. More serious charges can be sent to a higher court.
Producing is defined widely. Packaging a drug can be enough, even if you did not grow or make it.
It is also an offence to allow a place you occupy or control to be used for a drug offence, and to possess or publish instructions for making drugs.
Joseph Rahim, Principal. LLB (First Class Honours), Grad Dip LP. Member, Queensland Law Society. About Joseph
When you call Coral Coast Law, you speak with Joseph Rahim, and he handles your matter himself.
Yes. Cultivating cannabis is producing, whatever it was for.
It depends on what you did and what you knew. Cultivating needs a positive act, but you do not have to have planted them.
No. Police diversion covers minor possession only.
Yes. It is free, confidential and comes with no obligation.
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The sooner you get advice, the more can be done. Tell Joseph what has happened and find out exactly where you stand, with no cost and no pressure.
0447 028 080This page is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.
