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Criminal Justice (International Co-operation) Act 1990

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12 Manufacture and supply of scheduled substances.U.K.

(1)It is an offence for a person—

(a)to manufacture a scheduled substance; or

(b)to supply such a substance to another person,

knowing or suspecting that the substance is to be used in or for the unlawful production of a controlled drug.

[F1(1A)A person does not commit an offence under subsection (1) above if he manufactures or, as the case may be, supplies the scheduled substance with the express consent of a constable.]

(2)A person guilty of an offence under subsection (1) above is liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine or both.

(3)In this section “a controlled drug” has the same meaning as in the M1Misuse of Drugs Act 1971 and “unlawful production of a controlled drug” means the production of such a drug which is unlawful by virtue of section 4(1)(a) of that Act.

(4)In this section and elsewhere in this Part of this Act “a scheduled substance” means a substance for the time being specified in Schedule 2 to this Act.

(5)Her Majesty may by Order in Council amend that Schedule (whether by addition, deletion or transfer from one Table to the other) but—

(a)no such Order shall add any substance to the Schedule unless—

(i)it appears to Her Majesty to be frequently used in or for the unlawful production of a controlled drug; or

(ii)it has been added to the Annex to the Vienna Convention under Article 12 of that Convention; and

(b)no such Order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

Textual Amendments

F1S. 12(1A) inserted (9.9.1998) by 1998 c. 27, ss.1, 2(2).

Modifications etc. (not altering text)

C1Ss. 1-6, 8-10, 12-16, 18-21, 24-30, 32, Schs. 1-3 extended (with modifications) (to Anguilla) (14.7.1994) by S.I. 1994/1635, art. 2, Sch. 1

Commencement Information

I1S. 12 wholly in force; s. 12(5) in force for certain purposes at 23.4.1991, s. 12 wholly in force 1.7.1991. See s. 32(2) and S.I. 1991/1072, arts. 2(b), 3, Schedule Pt. II

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