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Manufacturing or producing prohibited drugs in the presence of children is an offence under section 24(1A) and (2A) of the Drug Misuse and Trafficking Act, which carries a maximum penalty of:
To establish the offence, the prosecution must prove beyond reasonable doubt that:
The commercial quantities for frequently prosecuted prohibited drugs are:
The large commercial quantities for these drugs are:
‘Manufacturing’ a prohibited drug includes the process of extracting or refining it.
‘Producing’ a prohibited drug refers to the actual production process.
‘Knowingly taking part in’ the manufacturing or production process means:
A ‘child’ is defined as a person under the age of 16 years.
You are not guilty if you did not have the required knowledge that you were manufacturing or producing a prohibited drug, or if you had a valid licence, permit or authorisation to manufacture or produce the drug, or if the child’s exposure did not endanger his or her health or safety.
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