Facing a drug supply charge in New South Wales (NSW) is a serious matter that can lead to harsh penalties, including significant prison time.
This guide outlines what you need to know — from how drug supply is defined to the penalties, defences, and next steps.
If you have been charged with drug supply, call one of our expert Drug Charge Lawyers Sydney.
What Is Drug Supply?
Drug supply refers to the act of unlawfully providing, offering, or agreeing to provide a prohibited drug to another person. Drug supply charges in NSW are dealt with under the Drug Misuse and Trafficking Act 1985 (NSW) (the Act). Section 25 of the Act allows authorities to charge you with supply if you:
- Physically hand over drugs to someone else, or
- Make an offer or agreement to supply, even if no physical exchange takes place.
What is Deemed Supply?
In deemed supply, the law treats possession of a certain amount of drugs as evidence of intent to supply—whether or not any deal actually took place.
Under Section 29 of the Act, being caught with greater than or equal to the “traffickable quantity” for a prohibited drug is enough for police to lay supply charges, even without proof of selling or sharing the drugs.
To challenge a deemed supply charge, you’ll need to show the drugs were for personal use only, not for supply—such as stockpiling for your consumption. However, this defence is closely examined by the court, especially if items like scales, resealable bags, or text messages point toward distribution.
Relevant Quantities of Prohibited Drugs
Below are the relevant quantities of some common prohibited drugs. A comprehensive list can be found in Schedule 1 of the Act.
| Prohibited drug | Small quantity | Traffickable quantity | Indictable quantity | Commercial quantity | Large commercial quantity |
| Cocaine | 1.0g | 3.0g | 5.0g | 250.0g | 1.0kg |
| 1.0g | 3.0g | 5.0g | 250.0g | 1.0kg | |
| Methylamphetamine | 1.0g | 3.0g | 5.0g | 0.25kg | 0.5kg |
| MDMA/ecstasy | 0.8g | 3.0g | 5.0g | 0.25kg | 1 kg |
| Marijuana/ Cannabis leaf | 30.0g | 300.0g | 1,000 g | 25.0kg | 100 kg |
Penalties
The quantity in your possession influences the penalty:
| Quantity | Maximum Penalty (Drug Supply) | |
| Local Court | District Court | |
| Small | 2 years in prison and/or a $5,500 fine (vs. $2,200 for possession)
| — |
| Traffickable
| 2 years in prison and/or $11,000 fine | — |
| Indictable | — | Non-cannabis:15 years in prison and/or a $220,000 fine Cannabis: 10 years in prison and/or a $220,000 fine |
| Commercial | — | Non-cannabis: 20 years in prison and/or a $385,000 fine Cannabis:15 years in prison and/or a $385,000 fine |
| Large | — | Cannabis: Life imprisonment and/or a $550,000 fine Non-cannabis: 20 years in prison and/or a $550,000 fine |
However, if aggravating factors exist, like supplying to minors, near schools, or through organised crime, the court may hand down a heavier sentence.
What Is Ongoing Supply of Prohibited Drugs?
Ongoing supply means supplying a prohibited drug (other than cannabis) on 3 or more separate occasions within 30 consecutive days, in exchange for money or other material reward.
It doesn’t matter if it’s a different drug each time or if small amounts are involved—what matters is the repeated nature of the supply.
Section 25A of the Act treats this as a serious drug offence with a maximum penalty of 20 years imprisonment and/or 3,500 penalty units ($385,000).
Possible Legal Defences to Drug Supply Charges
If you’re charged with drug supply, several legal defences may apply depending on the circumstances:
- Lack of knowledge: You didn’t know the drugs were in your possession.
- Honest and reasonable mistake: You believed the substance was legal.
- Duress: You were coerced or threatened into the act.
- Personal use: No intent to distribute; especially relevant in deemed supply cases.
- Illegal search: Evidence may be inadmissible if obtained unlawfully.
Our Criminal Defence Lawyers in Sydney can help assess which defence best applies to your case.
Sentencing Considerations
Courts weigh several factors when determining an appropriate sentence, and involves a balance of punishment, deterrence, and rehabilitation.
Key factors include:
- Quantity and purity of the drug,
- Role in the offence (organiser vs. courier),
- Motivation (addiction vs. financial gain),
- Prior criminal history,
- Rehabilitation prospects, including efforts like:
- Voluntary drug counselling,
- Stable employment,
- Supportive personal circumstances.
What To Do If You’re Charged with Drug Supply
If you’re facing a drug supply charge, your next steps can significantly impact your case. Here’s a practical roadmap:
Get Legal Advice Immediately
- Engage an expert Drug Charge Lawyer, such as one of ours at Hannay Lawyers.
- Early legal intervention improves defence planning, especially in negotiating plea deals or seeking bail.
Know Your Rights
- Avoid answering police questions until your lawyer is with you.
- Exercise your legal right to remain silent.
Prepare for Court
We can help gather:
- Evidence supporting personal use,
- Character references,
- Drug counselling records or rehabilitation efforts.
This preparation helps support your defence and mitigate sentencing.
Frequently Asked Questions About Drug Supply
1. How does drug supply differ from drug trafficking?
- Supply: Giving or offering prohibited drugs to another.
- Trafficking: Involves larger-scale operations — cultivation, manufacture, or distribution — and carries more severe penalties.
2. Can I be charged with drug supply if the drugs were just for me?
Yes. If you’re found with more than a traffickable amount, the law assumes supply — even if the drugs were for personal use. You must provide evidence to the contrary.
3. How do previous convictions affect sentencing?
Prior offences, especially drug-related ones, often result in harsher penalties. However, positive rehabilitation steps can influence a more lenient outcome.
4. Are diversion programs available for drug supply?
Diversion options like the MERIT program or Drug Court program exist, but are usually reserved for less serious supply offences or possession. Eligibility depends on:
- Offence type,
- Criminal history,
- Willingness to engage in treatment.
5. If I just gave it to a friend, can I still be charged?
Yes. In NSW, giving drugs to a friend — even for free — still counts as supply and can lead to criminal charges.
Final Thoughts
Being charged with drug supply in NSW can be life-changing. The consequences are serious, but you’re not without options. With the right legal advice and a clear strategy, it’s possible to reduce the severity of outcomes or defend the charge entirely.
If you or someone you know is charged with drug supply, contact one of our expert Criminal Lawyers Sydney immediately. We can assess your case, identify defences, and represent your best interests in court.
