What Is Considered Drug Supply Under NSW Law?

Supply has a broad meaning under the legislation. Section 3(1) of the Drug Misuse and Trafficking Act 1985 (NSW) outlines that supply means: ‘sell and distribute, and also includes agreeing to supply, or offering to supply, or keeping or having in possession for supply, or sending, forwarding, delivering, or receiving for supply, or authorising, directing, causing, suffering, permitting, or attempting any of those acts or things’. Therefore, even giving or sharing drugs with friends for free can lead to supply charges. No actual transaction needs to take place for supply charges to apply.

How Does “Deemed Supply” Work in NSW?

Deemed supply refers to circumstances where the police lay a supply charge in circumstances where you have a quantity of prohibited drugs in your possession which is not less than the traffickable quantity. 

Section 29 of the Drug Misuse and Trafficking Act 1985 (NSW) provides that where a person has in their possession an amount of a prohibited drug which is not less than the traffickable quantity, they shall be deemed to have the drug in their possession for supply. 

This is unless the person can prove they had the drug in their possession other than for supply, or they can prove that they obtained the drug in accordance with a prescription from a medical practitioner (in cases of opium, cannabis leaf, cannabis oil, cannabis resin, heroin or 6-monoacetylmorphine or any other acetylated derivatives of morphine).

It is important to obtain early legal advice to assist in challenging or negotiating this assumption.

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Drug Quantities and Penalty Thresholds (Table)

Schedule 1 of the Drug Misuse and Trafficking Act 1985 (NSW) outlines all substances classified as ‘prohibited drugs’. Substances listed include cannabis, cocaine, ketamine, ecstasy or MDMA (referred to as ‘3,4-Methyl​enedioxy​methamphetamine’), ice (‘methylamphetamine’), heroin, amphetamine, and LSD (referred to as ‘lysergic acid’).

It also outlines prescribed amounts and corresponding classifications for each listed prohibited drug. In ascending order, the classification of quantities are small, traffickable, indictable, commercial and large commercial quantity.

For example, in relation to cocaine, the small quantity is 1 gram, the traffickable quantity is 3 grams, the indictable quantity is 5 grams, the commercial quantity is 250 grams, and the large commercial quantity is 1 kg. 

These thresholds determine how serious the charge is and which court hears the matter.

Penalties for Drug Supply Offences in NSW

Drug supply offences in New South Wales carry some of the harshest criminal penalties under the Drug Misuse and Trafficking Act 1985 (NSW). The severity of the sentence depends on the quantity and type (or schedule) of the drug involved. Supplying a large commercial quantity can result in life imprisonment, while smaller-scale or indictable supply charges may attract penalties of up to 10–20 years in prison.

Courts take into account the offender’s role in the operation, level of planning, financial gain, and any prior criminal history. Even smaller-scale supply offences can still result in full-time custody, particularly where aggravating factors are present.

In some cases, Commonwealth offences may also apply — for example, drug importation or online supply across state or international borders. These are prosecuted under Commonwealth law and often carry higher maximum penalties.

Given the complexity and severity of these matters, it is vital to have experienced legal representation. Early advice from a drug supply lawyer can assist in negotiating lesser charges, identifying weaknesses in the prosecution’s case, and presenting powerful sentencing submissions aimed at reducing or avoiding imprisonment.

Factors That Influence Sentence

The court will consider a multitude of factors in sentencing. Aggravating factors include repeat offending, where it involves a large-scale or sophisticated operation, and there is a solely financial profit motive. Mitigating factors include an early plea of guilty, treatment and rehabilitative efforts addressing addiction, having no prior criminal antecedents, and there being a non-commercial motivation behind the supply. 

Strong sentencing submissions made by an experienced legal representative and rehabilitative evidence can assist in reducing the severity of any penalty imposed.

Defending a Drug Supply Charge in NSW

Common defences to drug supply charges include:

• Lack of knowledge,
  

• There was no supply of the prohibited drug (noting the extended definition),
  

• Drugs were for personal use only,
  

• Improper use of police powers, such as an unlawful search,
  

• False allegation.
  

Lawyers can assist in challenging evidence outlining the quantity, ownership, intent, and legality of police action. Charges can be withdrawn or downgraded after representations or negotiations with the police.

Court Process for Drug Supply Charges

The court process will depend on what charge you are facing. This is due to how some drug supply charges can proceed in the Local Court, but others may need to proceed to the District Court. 

If you have been charged with a commercial or large commercial quantity supply, the matter will proceed through the Local Court for the ‘Early Appropriate Guilty Plea’ (EAGP) process before proceeding to the District Court for Sentence (Guilty) or Trial (Not Guilty). 

The ‘EAGP’ process is as follows:

• Orders are made for the brief of evidence to be served by the prosecution on the defence. Once the evidence has been served, the defence will confirm that the brief has been served by the prosecution.
  

• A ‘charge certificate’ is then filed by the prosecution - a charge certificate is a document that specifies the offences that the prosecution is proceeding with, setting out the details of these offences, back-up offences (if applicable), and other offences that are no longer being proceeded with (if applicable).
  

• A ‘case conference’ is then held between the prosecution and defence - this involves parties engaging in discussions regarding the case. A ‘case conference’ certificate will then be filed with the court outlining any negotiations. 
  

• Following this, the matter will be listed for committal, where a plea of guilty or not guilty must be entered, advising whether the matter is proceeding to a Sentence or a Trial.
  

From this point, the matter will then proceed through the District Court for Sentence or Trial. 

If it is a less serious charge proceeding in the Local Court, on the first court date, you will be able to enter a plea of Guilty or Not Guilty in relation to the offence. If you enter a plea of Guilty, the matter will proceed to Sentence.

If you enter a plea of Not Guilty, the matter will be adjourned for the police to serve a brief of evidence. This may contain statements from police officers, witnesses, police body-worn video, CCTV, photos, videos and any other relevant materials. Once the evidence is served, the matter will be set down for a Hearing, which is a court date set aside for the Local Court Magistrate to determine whether the police have proven their case beyond a reasonable doubt.

What to Do if You've Been Accused of Drug Supply

If you have been charged with drug supply, it will be important to:

• Ensure you do not speak to the police or participate in an interview without consulting a lawyer,
  

• Preserve any evidence (i.e., text messages, photos, videos),
  

• Write down your timeline and version of events,
  

• Avoid posting or messaging about the case,
  

• Call Elite Defence Lawyers immediately for urgent support.
  

Why Choose Elite Defence Lawyers for Your Drug Supply Case

At Elite Defence Lawyers, we have extensive experience defending clients charged with drug supply offences, from small-scale matters to commercial quantity prosecutions. Our team understands the complexities of drug law and the strategies required to challenge the evidence, including search warrants, surveillance, and informant statements.

We provide discreet, non-judgmental representation focused on achieving the best possible result — whether that means having charges withdrawn, downgraded, or securing a non-conviction outcome. Our lawyers are available 24/7, offer fixed fees, and ensure you are supported and informed every step of the way.

Elite Defence Lawyers has a proven record of success in Local and District Courts across NSW, representing clients in some of the most challenging and high-stakes drug supply cases. We act fast, prepare thoroughly, and fight hard to protect your future.

If you’re facing a drug supply charge, contact us today for immediate legal assistance and a strategic defence plan.