Production of a controlled drug
Produced in partnership with 18 Red Lion Court
Production of a controlled drug

The following Corporate Crime guidance note Produced in partnership with 18 Red Lion Court provides comprehensive and up to date legal information covering:

  • Production of a controlled drug
  • Elements of the offence of production of a controlled drug
  • The meaning of 'being concerned' in the production of a controlled drug
  • The meaning of 'production'
  • Meaning of 'controlled drug' in production of a controlled drug
  • Defences in production of a controlled drug cases
  • Sentence for production of a controlled drug

Elements of the offence of production of a controlled drug

It is an offence to:

  1. be concerned

  2. in the production

  3. of a controlled drug

Production of a controlled drug is an offence which is triable either way. It can therefore be dealt with in either the magistrates’ or Crown Courts.

The meaning of 'being concerned' in the production of a controlled drug

Case law is clear that in order to obtain a conviction for this offence the Crown must prove that the defendant played an identifiable role in the production of the drug (R v Farr [1982] Crim LR 745 (not reported by LexisNexis®)).

The leading case on this point is the case of Farr. The defendant allowed two people to use his kitchen to produce heroin; there was no prior agreement. The Court of Appeal quashed his conviction, holding that there had to be some identifiable participation in the process of producing a controlled drug; on the facts of the case, nothing more than passive presence could be established. The appropriate charge in these circumstances would have been under section 8 of the Misuse of Drugs Act 1971 (MDA 1971), (allowing premises to be used for production of the drug).

A case charged as an agreement to aid and abet the production of cannabis (eg where the defendant is the owner of a

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