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Manufacturing or knowingly taking part in the manufacture of a psychoactive substance for supply is an offence under section 36ZF(1) of the Drug Misuse and Trafficking Act 1985, which carries a maximum penalty of 2 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
The definition of ‘substance’ extends to any plant, fungus or natural organism.
A ‘psychoactive substance’ is one that, when consumed by a person, has the capacity to produce a psychoactive effect.
A ‘psychoactive effect’ means:
The offence does not apply to:
To ‘manufacture’ includes to make up, prepare, produce, process, package or label.
You ‘knowingly took part in the manufacture’ if you:
‘Consumption’ includes ingestion, injection, inhalation, smoking and any other introduction into the human body.
A court may be satisfied you knowingly or recklessly manufactured a substance, even though the usage instructions indicated it was not for human consumption.
When deciding your state of knowledge, the court may have regard to:
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