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Possessing a Substance, Equipment or Instructions for the Commercial Manufacture of Controlled Drugs

Possessing a substance, equipment or instructions for the commercial manufacture of controlled drugs is an offence under section 308.4 of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of 7 years in prison.

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

  1. You possessed a substance (other than a controlled precursor) or any equipment or document with instructions to manufacture a controlled drug,
  2. You intended to use the substance, equipment or document to manufacture a controlled drug, and
  3. You intended to sell, or believed that another intended to sell, any drug so manufactured.

Controlled drugs include:

  1. Amphetamines and methamphetamines,
  2. 3,4-Methylenedioxymethamphetamine (MDMA or ‘ecstacy’),
  3. Cannabis, cannabis resin and cannabinoids,
  4. Cocaine and Methylphenidate, and
  5. Opium, morphine and heroin.

Any possession of a tablet press is deemed to be for the purpose of manufacturing a controlled drug.

Duress and necessity are defences to the charge.

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