Commonwealth Director of Public Prosecutions

Drug Manufacture

Drug Manufacture

Under the Criminal Code, manufacturing a controlled drug for a commercial purpose is an offence.

Manufacturing a controlled drug means any process—other than cultivation—that produces a drug. It includes extracting or refining, and the process of transforming a substance into a different substance or drug. A person can also be involved in manufacturing a drug if they exercise control or direction over its manufacture or finance its manufacture.

A person manufactures a substance for a commercial purpose, if they manufacture a drug with the intention of selling it or believing that someone else intends to sell it. As a result, manufacturing controlled drugs for personal use is not regulated by the Criminal Code.

Key legislation

Main offences

  • s.305.5 Criminal Code—manufacturing controlled drugs
  • s.308.4(1) Criminal Code—possessing a substance, equipment or instructions for commercial manufacture of controlled drugs

Penalties

  • The maximum penalty for manufacturing a controlled drug is 10 years’ imprisonment or 12 years for an aggravated offence. The maximum penalty increases to 25 years if it involves a marketable quantity of drugs and life imprisonment for a commercial quantity of drugs.
  • An offence against sections 305.4 or 305.5 is aggravated if the commission of the offence exposes a child (under 14 years) to the manufacture of a controlled drug (s.310.4).
  • The maximum penalty for possessing a substance, equipment or instructions for commercial manufacture of controlled drugs is 7 years’ imprisonment.

Partner agencies

Relevant Legislation