Manufacturing prohibited drugs in New South Wales carries life imprisonment for commercial quantities. That’s why understanding your rights and the law is paramount to protect your future.

Being charged with drug manufacturing is one of the most serious criminal offences in NSW.  Penalties for this serious criminal offence range from 15 years, to life in prison. If you’re facing charges for operating a clandestine laboratory, participating in drug production, possessing precursor chemicals, or similar charges, you need to speak to a criminal lawyer. 

At O’Brien Criminal & Civil Solicitors, our accredited specialist criminal law firm has over 20 years of experience defending clients against drug manufacturing charges across NSW. We understand the complexities of the Drug Misuse and Trafficking Act 1985 and the federal Criminal Code, providing expert representation when your freedom is at stake.

Key Takeaways

• Manufacturing any prohibited drug is a serious indictable offence under Section 24 of the Drug Misuse and Trafficking Act 1985 (NSW)
• Penalties escalate dramatically based on quantity: 15 years for small amounts, up to life imprisonment for large commercial quantities
• Even minimal participation in the manufacturing process can result in the same penalties as the principal offender
• Possession of precursor chemicals with the intent to manufacture drugs carries up to 10 years imprisonment

At a Glance: Drug Manufacturing in NSW

Your Key Rights

As always, you have rights if you arrested for drug manufacturing, including: 

• The right to remain silent during police questioning
• A right to legal representation before answering any questions
• The right to challenge the admissibility of illegally obtained evidence
• A right to contest charges where knowledge cannot be proven

Emergency Action Items

• Do not admit to anything – Exercise your right to silence
• Contact O’Brien Criminal & Civil Solicitors immediately on 02 9261 4281
• Do not consent to property searches without a warrant
• Preserve any documentation that might support your defence

When you need a lawyer after being arrested for drug manufacturing 

• If the police have contacted you about a drug manufacturing investigation
• You’ve been arrested or charged with any drug-related offence
• Your property has been searched or you’re under surveillance
• You’ve been asked to provide samples or participate in an identification parade

Understanding Your Rights and Responsibilities Under NSW Law

The Drug Misuse and Trafficking Act 1985 (NSW) creates several distinct offences related to drug manufacturing, each carrying severe penalties. Your rights under this legislation are fundamental to mounting an effective defence.

Manufacturing vs Production: The law uses the terms “manufacture” and “produce” together in Section 24, and they largely overlap in meaning. Both terms cover a wide range of activities such as extracting, refining, preparing, or making prohibited drugs. There is no practical distinction in penalties, prosecutors usually treat these terms as interchangeable when laying charges.

Knowledge Requirements: The prosecution must prove you knew you were manufacturing or producing a prohibited substance. This knowledge element is crucial, without proof of your awareness, charges cannot succeed.

Participation Threshold: You don’t need to be the principal manufacturer. The law criminalises anyone who “knowingly takes part” in any step of the manufacturing process, including providing finance, premises, or equipment.

These rights and responsibilities exist because drug manufacturing charges can arise from minimal involvement in what might appear to be legitimate activities. Therefore the law recognises that not all participation is equal, and your defence strategy must focus on challenging the prosecution’s ability to prove these essential elements.

What the Law Actually Says

Section 24 of the Drug Misuse and Trafficking Act 1985 creates four main manufacturing offences, with penalties that escalate based on quantity and circumstances.

Basic Manufacturing Offence (Section 24(1)) 

“A person who manufactures or produces, or who knowingly takes part in the manufacture or production of, a prohibited drug is guilty of an offence.”

• Maximum penalty: 15 years imprisonment and/or $220,000 fine if dealt with on indictment
• Local Court maximum: 2 years imprisonment and/or $5,500 fine

Commercial Quantity Manufacturing (Section 24(2)) 

Manufacturing commercial quantities (250g for cocaine/methamphetamine, 125g for MDMA) carries:

• 20 years imprisonment and/or $385,000 fine
• Standard non-parole period: 10 years

Large Commercial Quantities 

Manufacturing large commercial quantities (1kg for cocaine/methamphetamine, 500g for MDMA) carries a maximum penalty of life imprisonment and/or a $550,000 fine. 

While life is legally available, it is only imposed in the most serious cases. Standard non-parole periods (15 years) provide a sentencing guideline for judges in most cases.

Manufacturing with Child Exposure (Sections 24(1A) and 24(2A)) 

If a child under 16 is exposed to the manufacturing process, separate offences apply under Sections 24(1A) and 24(2A). 

These carry higher maximum penalties compared to standard manufacturing charges: 18 years for basic offences, 25 years for commercial quantities, and life imprisonment for large commercial quantities.

Recent Legislative Changes 

The 2024 NSW Drug Summit recommended reforms to drug laws, though manufacturing offences remain unchanged. However, new Criminal Infringement Notice schemes for possession don’t apply to manufacturing charges. 

Precursor Offences 

Separate offences under Sections 24A and 24B target possession of precursor chemicals:

• Section 24A: Possessing precursors with intent to manufacture – 10 years imprisonment
• Section 24B: Possessing prescribed quantities of precursors – 5 years imprisonment

Real-World Scenarios: What Police CAN and CANNOT Do

Scenario 1: Clandestine Laboratory Discovery

Police CAN:

• Execute search warrants on residential and commercial properties
• Seize equipment, chemicals, and finished products
• Charge multiple people present at the location
• Use surveillance evidence gathered before the raid

Police CANNOT:

• Search without a warrant except in emergency circumstances
• Force you to explain your presence without legal representation
• Assume you knew about manufacturing activities simply by being present
• Use evidence obtained through illegal searches

Scenario 2: Precursor Chemical Purchase

Police CAN:

• Monitor purchases of precursor chemicals from legitimate suppliers
• Track multiple small purchases from different sources (“smurfing”)
• Charge possession even if no actual manufacturing occurred
• Use transaction records and surveillance as evidence

Police CANNOT:

• Charge you without proving intent to manufacture drugs
• Ignore legitimate reasons for possessing precursor chemicals
• Use purchases alone as proof of manufacturing
• Force suppliers to breach privacy without proper authority

Scenario 3: Joint Criminal Enterprise

Police CAN:

• Charge all participants with the same offence regardless of their role
• Use one person’s admissions as evidence against others
• Treat financial contributors as manufacturers
• Apply commercial quantity penalties to all participants

Police CANNOT:

• Assume everyone involved had equal knowledge or responsibility
• Ignore evidence that shows limited participation
• Use statements obtained under duress or without proper warnings
• Charge you for activities you weren’t aware of

What Authorities Can and Cannot Do

NSW Police have extensive powers when investigating drug manufacturing because of the severity of the crime. However, these powers have important limitations to protect your rights.

Investigation Powers 

Police can obtain search warrants for properties, vehicles, and electronic devices based on reasonable suspicion. They can also use controlled purchases, surveillance, and undercover operations to gather evidence. However, all evidence must be obtained legally; illegally obtained evidence may be excluded from your trial. A criminal lawyer will be able to analyse the process in which evidence was gathered to see if it was legal. 

Arrest and Interview Powers 

You can be arrested without a warrant if police reasonably suspect you’ve committed a drug manufacturing offence. However, you have the right to remain silent and request legal representation before any interview. Police cannot force you to answer questions or provide samples without proper legal authority.

Asset Forfeiture Powers 

Under Section 35 of the Act, courts can order forfeiture of equipment, chemicals, and proceeds of crime (cash, bank accounts etc) Police can also seek restraining orders over assets before conviction. However, these powers require proper legal procedures, and innocent third parties have protection rights.

Electronic Surveillance Limitations 

Police can use listening devices and telecommunications interception, but only with proper warrants. Any surveillance evidence obtained without legal authority cannot be used in court. Your criminal defence team can challenge the admissibility of all surveillance evidence.

Common Misconceptions Corrected 

Many people believe that minimal involvement protects them from serious charges. This is incorrect; the law treats all knowing participants equally. 

Similarly, being present where manufacturing occurs doesn’t automatically make you guilty. Therefore the prosecution must prove knowledge and participation combined. 

Frequently Asked Questions

What constitutes “manufacturing” under NSW law?

Manufacturing includes any process of extracting, refining, preparing, or producing a prohibited drug. This covers traditional drug laboratories, but also simpler processes like extracting cannabis oil or refining plant materials.

Can I be charged if I wasn’t directly involved in making drugs?

Yes. The law criminalises anyone who “knowingly takes part” in manufacturing, including providing premises, equipment, finance, or materials. Even minimal participation can result in the same penalties as principal offenders.

What are the penalties for possessing precursor chemicals?

Possessing precursors with intent to manufacture drugs carries 10 years imprisonment under Section 24A. Possessing prescribed quantities without a legitimate purpose carries 5 years under Section 24B.

How do commercial quantity penalties work?

Commercial quantities trigger much higher penalties. For example, manufacturing 250g of cocaine is a commercial quantity carrying 20 years imprisonment, while 1kg is a large commercial quantity carrying life imprisonment.

Can charges be dropped if I wasn’t the main manufacturer?

Charges aren’t automatically dropped based on limited involvement, but your role affects sentencing. An experienced lawyer can negotiate with prosecutors or argue for lesser penalties based on your level of participation.

What happens if police search my property without a warrant?

Generally, police need a warrant to search private property. Evidence obtained from illegal searches may be excluded from court proceedings, potentially leading to charges being dropped or dismissed.

Do I have to answer police questions about drug manufacturing?

No. You have the absolute right to remain silent and should exercise this right. Anything you say can be used as evidence against you, even if you think it’s helpful.

How long do drug manufacturing cases take to resolve?

Complex manufacturing cases often take 12-18 months or more to reach trial. The time frame depends on the complexity of evidence, number of co-accused, and court availability.

Can I get bail if charged with drug manufacturing?

Bail is possible but challenging for commercial quantity charges. The prosecution must “show cause” why bail should be refused for large commercial quantities, but experienced lawyers can present compelling bail applications.

What’s the difference between state and federal drug charges?

NSW charges under the Drug Misuse and Trafficking Act apply to most manufacturing within the state. Federal charges under the Criminal Code typically involve importation or interstate operations, carrying similar penalties.

How do judges determine sentences for manufacturing offences?

Judges consider the quantity of drugs, your role in the operation, criminal history, remorse, and prospects of rehabilitation. Commercial quantities have standard non-parole periods that provide sentencing guidelines.

Can manufacturing charges be dealt with in Local Court?

Only small quantity manufacturing charges can be finalised in Local Court, with maximum penalties of 2 years. Most manufacturing charges are indictable and must be dealt with in District Court.

Practical Action Guide

What to Do If You’re Under Investigation

Step 1: Exercise Your Right to Silence

• Do not answer any questions without a lawyer present
• Politely state: “I wish to exercise my right to remain silent and speak to my lawyer”
• Do not explain your presence or activities to police

Step 2: Contact O’Brien Criminal & Civil Solicitors Immediately

• Call our 24-hour line: 02 9261 4281
• Request an urgent consultation if arrested
• Do not agree to any interviews without legal representation

Step 3: Preserve Potential Evidence

• Do not destroy any documents, phones, or computers
• Maintain records of your legitimate activities
• Document any police misconduct or rights violations

Step 4: Understand Your Bail Rights

• You may be eligible for police bail or court bail
• Prepare character references and employment details
• Consider residential or reporting conditions if necessary

What to Say to Police

When Asked About Your Presence: “I choose to remain silent and wish to speak to my lawyer.”

When Pressed for Information: “I understand you’re investigating, but I need to speak to my solicitor before answering any questions.”

When Offered a ‘Deal’ or Told Others Have Confessed: “I need to discuss this with my lawyer before making any decisions.”

When Asked to Provide Samples or Participate in Procedures: “I want to understand my rights with my lawyer before agreeing to anything.”

Documentation and Evidence Strategy

Gather Supporting Evidence:

• Employment records showing legitimate activities
• Medical records if relevant to your case
• Financial records showing lawful income sources
• Character references from employers, family, and community members

Protect Your Rights:

• Never sign anything without legal advice
• Keep records of all police contact
• Document any search procedures or rights violations
• Maintain detailed notes of conversations with authorities

When You Need Professional Legal Help

Drug manufacturing charges are among the most serious in NSW criminal law, requiring immediate expert legal intervention. The complexity of the evidence, harsh penalties, and long-term consequences make professional representation essential.

Immediate Legal Assistance Required: You need urgent legal help if you’ve been contacted by police about a manufacturing investigation, arrested or charged, had your property searched, or if you’re aware of an investigation targeting you or your associates.

What to Expect from O’Brien Criminal & Civil Solicitors: Our accredited criminal law specialists will immediately review the police evidence, advise you of your rights and options, develop a comprehensive defence strategy, and negotiate with prosecutors where appropriate. We handle everything from initial police interviews to District Court jury trials.

Our Track Record: Led by accredited specialists in criminal law and civil law with over 20 years of experience, we’ve successfully defended clients against drug manufacturing charges across NSW. Our proven strategies include challenging evidence admissibility, negotiating charge reductions, and securing non-custodial sentences where possible.

Free Initial Consultation Available 

Time is critical in drug manufacturing cases. Early legal intervention can significantly impact the outcome of your case, from the charges laid to the final sentence imposed.

Contact O’Brien Criminal & Civil Solicitors: 

📞 Call Now: 02 9261 4281 

• Available 24/7 for urgent matters
• Award-winning specialists with over 20 years of experience 
• Led by accredited specialists in criminal & civil law 
• Proven track record protecting clients across Australia

Don’t let drug manufacturing charges destroy your future. Contact us immediately for expert legal representation that could save your freedom.