(1) A person who unlawfully produces a dangerous drug is guilty of a crime.
Penalty: Maximum penalty—

(a) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987 , schedule 4 in respect of that thing—25 years imprisonment; or

(b) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987 , schedule 3 but less than the quantity specified in the Drugs Misuse Regulation 1987 , schedule 4 in respect of that thing and the person convicted—

(i) satisfies the judge constituting the court before which the person is convicted that when the person committed the offence the person was a drug dependent person—20 years imprisonment;

(ii) does not so satisfy the judge constituting the court before which the person is convicted—25 years imprisonment; or

(c) in any other case where the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 —20 years imprisonment; or

(d) if the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987 , schedule 3 in respect of that thing—20 years imprisonment; or

(e) in any other case where the dangerous drug is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 —15 years imprisonment.

(2) For a dangerous drug that is a thing specified in the Drugs Misuse Regulation 1987 , schedule 1 , part 2 (a
“part 2 drug” ), a reference in subsection (1) to the quantity of the thing is a reference to the whole weight of all the part 2 drugs (whether of the same or different types) that the person is convicted of unlawfully producing.

(3) The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section.

(4) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.

Reference: Austlii

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