Producing a controlled drug

s.4(2)Misuse of Drugs Act 1971

Unlawfully producing a controlled drug, or being concerned in its production by another person.

Producing a controlled drug · Misuse of Drugs Act 1971, s.4(2)Card 63 / 85

Points to prove

Produce – s.37(1): producing a controlled drug by manufacture, cultivation or any other method. “Production” has a corresponding meaning.
Controlled drug – s.2: any substance or product for the time being specified in Part I (Class A), Part II (Class B) or Part III (Class C) of Schedule 2, or in a temporary class drug order.
In contravention of s.4(1) – the production is not authorised by regulations under s.7 or a temporary class drug order.

Lack of knowledge – s.28: the defendant must prove, on the balance of probabilities, that they neither knew nor suspected nor had reason to suspect a fact the prosecution must prove. Believing it was a different controlled drug is no defence (s.28(3)(a)).

Because “produce” includes cultivation, a cannabis grower can be charged with producing cannabis under s.4(2) or with cultivating under s.6. Cannabis is Class B, so both carry 14 years.
“Concerned in the production by another” covers people who take part in production carried out by someone else, without doing the producing themselves.
Producing Class A, B or C drugs is a drug trafficking offence. For an adult convicted of a third Class A trafficking offence, the court must impose at least 7 years unless there are exceptional circumstances (Sentencing Act 2020, s.313).

Legislation: Misuse of Drugs Act 1971, s.4(2) (opens legislation.gov.uk in a new tab)
Mode of trial: Either way (indictable only where the minimum sentence for a third Class A trafficking offence could apply)
Maximum penalty: On indictment: Class A life, Class B and C 14 years (each and/or a fine). Summarily: Class A and B 12 months and/or a fine; Class C 3 months and/or £2,500