As the name suggests, production of scheduled substance means that the accused in some way created the illegal substance or was a party to the offence (meaning assisted or encouraged).
As with other drug offences, this offence is treated very seriously by police and the Crown. Depending on the type of substance created, it can carry minimum jail sentences of varying lengths. Many of the offences carry jail sentence of a year or more.
Producing a Schedule I substance is by far the most punitive, carrying jail sentences of two years and in some cases three years.
Producing marijuana carries smaller penalties but minimum jail sentences are the norm.
Defending production charges may sometimes involve suggesting the person had no knowledge of the production facility or operation. It often involves breaches of Charter rights and allegations that search warrants were defective. In rare cases you might argue that the substance isn’t really the illegal substance but an imitation.
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