Aid / abet the production of a controlled drug - Class B - Other

Points to prove

• 1. Another person (the principal) produced a controlled drug in contravention of s 4(1) Misuse of Drugs Act 1971
• 2. The drug produced was a controlled drug of Class B
• 3. The defendant aided, abetted, counselled or procured the commission of that offence by the principal
• 4. The defendant knew the essential circumstances of the principal's offence (including that the substance was a controlled drug) and intended to assist or encourage its commission

Defences

• Statutory defence — s 28(2)/(3) MDA 1971 (applies to s 4(2) offences): the defendant proves he neither knew of nor suspected nor had reason to suspect the existence of some fact alleged by the prosecution which it must prove (e.g. that the substance was a controlled drug)
• Production authorised by regulations under s 7 MDA 1971 (e.g. Home Office licence under the Misuse of Drugs Regulations 2001) is not in contravention of s 4(1), so no offence is committed

Mode of trial & maximum penalty

Either way — Summary: 6/12 months' imprisonment and/or a fine; Indictment: 14 years' imprisonment

Sources

• www.legislation.gov.uk/ukpga/1971/38/schedule/4
• www.legislation.gov.uk/ukpga/1971/38/section/4
• www.legislation.gov.uk/ukpga/1971/38/section/28
• www.legislation.gov.uk/ukpga/Vict/24-25/94/section/8