section 4(2)(b) of, and Schedule 4 to, the Misuse of Drugs Act 1971

Concerned in production of - ecstasy

The statutory wording, points to prove, defences and penalty — verified against legislation.gov.uk (current revised versions, July 2026).

What the law says

Concerned in production of - ecstasy — topic/offence reference under Contrary to section 4(2)(b) of, and Schedule 4 to, the Misuse of Drugs Act 1971..

CJS codes
Official CJS offence index (March 2026)
—Charged under the specific underlying offence code.

Points to prove

  • 1. A controlled drug was produced by another person in contravention of s 4(1) Misuse of Drugs Act 1971
  • 2. The drug produced was MDMA (ecstasy), a controlled drug of Class A
  • 3. The defendant was concerned in that production, i.e. took some identifiable part in the enterprise
  • 4. The defendant knew the nature of the enterprise, i.e. that it involved the production of a controlled drug (R v Hughes (1985) 81 Cr App R 344, applied to the 'concerned in' limbs)

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) 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: life imprisonment

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Sources

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