Manufacturing or Producing Schedule 9 Substances
Manufacturing or producing Schedule 9 substances is an offence under section 18B(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:
- You manufactured, produced or knowingly took part in the manufacture or production of a substance, and
- The substance was a Schedule 9 substance under the Poisons and Therapeutic Goods Act 1966.
‘Schedule 9’ covers a wide range of substances, not being prohibited drugs, including those which:
- Are addiction producing or potentially addiction producing
- Are of such danger they can only be prescribed by medical practitioners, authorised nurses, midwives, authorised pharmacists, dentists or vets
- Therapeutic substances that require advice about dosage, frequency of administration or toxicity
- Poisonous substances commonly used for domestic purposes, and
- Substances readily available to the public for the destruction of pests.
You are not guilty of the offence if:
- You were licensed or authorised under the Poisons and Therapeutic Goods Act 1966 to manufacture or produce the substance, or
- You acted in accordance with an authorisation by the Secretary of the Ministry of Health
Duress is a defence to the charge.
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