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Possessing a Drug Manufacture Apparatus

Possessing a drug manufacture apparatus is an offence under section 24A(1)(b) of the Drug Misuse and Trafficking Act 1985, which carries a maximum penalty of 10 years in prison if the case is finalised in a higher court, such as the District Court, or 2 years if the case remains in the Local Court.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You possessed a drug manufacture apparatus, and
  2. You intended to use the apparatus in the manufacture or production of a prohibited drug

A ‘drug manufacture apparatus’ is:

  1. A hydrogen sulfide gas, hydrogen chloride gas, hydrogen gas, ammonia gas or methylamine gas cylinder
  2. A round bottom reaction flask (capacity 500ml or greater)
  3. A condenser (joint size B19 or greater)
  4. A splash head
  5. A distillation head
  6. A heating mantle (capacity 500ml or greater)
  7. A tablet press
  8. A drug encapsulator, or
  9. A rotary evaporator

You are not guilty of the offence if you were licensed or authorised to manufacture or produce the intended prohibited drug under the Poisons and Therapeutic Goods Act 1966, or were acting under a poppy licence issued through the Poppy Industry Act 2016, or were acting under authority granted by the Director General of the Ministry of Health

Duress and necessity are defences to the charge

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