PRODUCING MANUFACTURING

Under Section 8 of the Drugs Misuse Act 1986 (Qld), the offence is described as producing a dangerous drug. The legislation defines “produce” very broadly — it goes far beyond operating a drug laboratory.

Producing includes:

- Manufacturing or preparing a drug (such as mixing or chemically creating it).

- Cultivating a plant that is a dangerous drug (for example, growing cannabis).

- Packaging or processing a drug for use or sale.

- Offering to do any of these acts, even if the drug is never actually produced.

- Carrying out preparatory steps in furtherance of production.

The scope of this definition is wide. It captures everything from large‑scale operations to small‑scale cultivation or preparation. Because of this, even limited involvement in the process can expose a person to serious criminal liability under the Drugs Misuse Act 1986 (Qld).

Producing a dangerous drug is one of the most serious offences under the Drugs Misuse Act 1986 (Qld). The maximum penalty depends on the type of drug and the quantity involved:

- Up to 25 years imprisonment — for Schedule 1 drugs (such as heroin, cocaine, methamphetamine, MDMA) where the quantity is at or above the large commercial threshold.

- Up to 20 years imprisonment — for Schedule 1 drugs below the large commercial threshold, or for Schedule 2 drugs (such as cannabis, morphine, codeine) at or above the commercial threshold.

- Up to 15 years imprisonment — for Schedule 2 drugs below the commercial threshold.

What do “commercial” and “large commercial” mean?

The law sets out specific weight and quantity limits for each drug in the Drugs Misuse Regulation 1987. These limits determine whether a case is treated as involving a commercial or large commercial quantity:

- A commercial quantity is a significant amount, usually far more than what would be considered for personal use.

- A large commercial quantity is an even higher amount, typically linked to large‑scale trafficking or production.

The higher the quantity, the harsher the maximum penalty. This means that even limited involvement in a case involving a commercial or large commercial quantity can expose a person to the most severe sentences under Queensland law.

To secure a conviction for producing a dangerous drug under Section 8 of the Drugs Misuse Act 1986 (Qld), the prosecution must prove beyond reasonable doubt that:

- A dangerous drug was produced — this includes manufacturing, cultivating, preparing, packaging, or processing.

- The accused was involved in the production — either directly, by assisting, or by offering to take part.

- The production was unlawful — meaning it was not authorised, justified, or excused under the Act (for example, under a medical or research exemption).

If the police cannot prove each of these elements, the charge should not succeed.

Depending on the circumstances, several legal defences may be available to a charge of producing a dangerous drug in Queensland. These include:

- Mistake of fact — you honestly and reasonably believed a fact that, if true, would make your actions innocent (for example, believing a plant was not cannabis).

- Lack of knowledge — you did not know, and could not reasonably have known, that the substance was a dangerous drug.

- Lawful authority — the production was carried out under a lawful authority or exemption (such as medical or research purposes).

- Duress — you were forced to act because of a threat of serious harm.

- Substance not a dangerous drug — the prosecution cannot prove the substance involved was actually a dangerous drug under the legislation.

The availability of these defences will depend on the evidence and the specific facts of your case.

A conviction for producing a dangerous drug in Queensland can have serious and long‑lasting effects beyond the immediate penalty:

- Imprisonment — sentences can be lengthy, especially for Schedule 1 drugs or commercial quantities.

- Criminal record — a conviction will appear on your record and can affect employment, travel, and professional licensing.

- Loss of opportunities — difficulty obtaining visas, working with children clearances, or certain trade and security licences.

- Personal and reputational impact — the stigma of a drug conviction can affect family life, relationships, and future prospects.

Even if a prison sentence is not imposed, the consequences of a conviction can follow you for life.

Being charged with producing a dangerous drug is overwhelming — but you don’t have to face it alone. 

Coral Coast Law:

- Protects your rights — making sure the case against you is tested against the strict standards required by law.

- Analyses the evidence — identifying weaknesses in the prosecution’s case and exploring every possible defence.

- Guides you through the process — from bail applications to court appearances, providing clear advice at every stage.

- Works for the best outcome — whether that means negotiating to reduce the charge, seeking a lighter penalty, or defending the matter at trial.

Coral Coast Law understands how high the stakes are and acts quickly, strategically, and with your future in mind.