Serious drug supply charges in NSW
How supply is defined, why quantity decides the charge, the deemed supply rule that turns possession into supply, the penalties, and the point at which a possession charge stops being a possession charge.
Supply in NSW means far more than selling: giving, sharing, offering, agreeing to supply, or holding a drug for someone else all count. Above the traffickable quantity, possession is deemed to be supply unless you prove otherwise. Small quantity supply stays in the Local Court with a two-year maximum; indictable and commercial quantities go to the District Court with maximums of 15 years to life. Any supply charge is a matter for a lawyer.
- Find the quantity category on your notice: small, traffickable, indictable, commercial or large commercialSection 2 of this guide
- If your charge is possession but the facts sheet mentions scales, packaging, cash or messages, read section 3 before you pleadSection 3 of this guide
- Do not discuss the matter with anyone, and do not delete anything from your phone; that is a separate offenceSection 6 of this guide
If the word supply appears anywhere on your notice, the self-representation course on possession is not your guide. Supply charges are lawyer matters at every quantity, and the deemed supply rule means the fight is often about what you can prove, not what the prosecution can.
| Supply means | Sell, give, distribute, offer, agree to supply, hold for supply, administer to another |
| Small quantity | Local Court. Maximum 2 years and $5,500 |
| Traffickable quantity | The threshold at which possession is deemed supply |
| Indictable quantity | District Court. Maximum 15 years |
| Commercial quantity | District Court. Maximum 20 years, standard non-parole period 10 years |
| Large commercial | Maximum life, standard non-parole period 15 years |
1What supply means
Start here
The offence is supplying, or knowingly taking part in the supply of, a prohibited drug. Supply is defined to include selling, distributing, agreeing to supply, offering to supply, keeping or having in possession for supply, sending, forwarding, delivering, receiving for the purpose of supply, and administering to another person. Buying drugs for a group of friends and handing them out at a festival is supply. Offering to get someone a drug is supply even if no drug ever changes hands. The prosecution does not have to prove a sale, money, or profit.
Legal basis: Drug Misuse and Trafficking Act 1985 (NSW) ss 3 (definition of supply), 25. This is a summary for general understanding. The full provisions are more detailed and may not apply in all circumstances.
2Quantity decides the charge
Thresholds
Schedule 1 of the Act sets, for each drug, a small quantity, a traffickable quantity, an indictable quantity, a commercial quantity and a large commercial quantity. The category determines the maximum penalty and, with it, the court.
| Category | MDMA (as an example) | Cocaine | Cannabis leaf | Maximum |
|---|---|---|---|---|
| Small | 0.25 g | 1 g | 30 g | 2 years, $5,500, Local Court |
| Traffickable | 0.75 g | 3 g | 300 g | Deemed supply threshold |
| Indictable | 1.25 g | 5 g | 1 kg | 15 years, District Court |
| Commercial | 125 g | 250 g | 25 kg | 20 years, SNPP 10 years |
| Large commercial | 500 g | 1 kg | 100 kg | Life, SNPP 15 years |
Quantities are the weight of the mixture containing the drug, not of the pure drug, so a bag of cut cocaine weighs what it weighs. Below the indictable quantity the matter is normally dealt with in the Local Court, where the sentence is capped at two years. Above it the prosecution can elect to keep it in the Local Court but often does not.
Figures to verify
The quantities above are from Schedule 1 as understood at the time of writing and vary by drug. Requires principal review before release: confirm against the current Schedule 1, particularly MDMA, which was amended in 2023.
Legal basis: Drug Misuse and Trafficking Act 1985 (NSW) ss 25, 30 to 33, Schedule 1; Crimes (Sentencing Procedure) Act 1999 (NSW) Division 1A Table (standard non-parole periods). This is a summary for general understanding. The full provisions are more detailed and may not apply in all circumstances.
3Deemed supply
The rule that catches people
A person in possession of a traffickable quantity or more is deemed to have it for the purpose of supply unless they prove otherwise, and proving otherwise means proving on the balance of probabilities that the drug was for personal use or for some purpose other than supply. This reverses the ordinary burden. The prosecution proves the weight; you prove it was not for supply. Whether you can depends on evidence about your use, your finances, what else was found, and what your phone says. A person with 1 gram of MDMA and no messages usually can. A person with 5 grams, a set of scales and a message that says "how many do you want" usually cannot.
Legal basis: Drug Misuse and Trafficking Act 1985 (NSW) s 29; R v Carey (1990) 20 NSWLR 292. This is a summary for general understanding. The full provisions are more detailed and may not apply in all circumstances.
4What the prosecution relies on
Evidence
Beyond the drug itself: the phone, above all, which is why police seize it and why deleting anything from it after seizure is a separate offence of destroying evidence. Then scales, bags, cash in denominations, a tick list, a second phone, the way the drug was packaged, and admissions at the scene or in interview. Many supply prosecutions are built almost entirely on messages.
Legal basis: Crimes Act 1900 (NSW) s 317 (tampering with evidence). This is a summary for general understanding. The full provision is more detailed and may not apply in all circumstances.
5Commonwealth charges
Importation and cross-border
Where the drug was imported, or the supply crossed a state border, the charge may be laid under Commonwealth law instead, with different offences, higher maximums including life for a commercial quantity, and a different sentencing framework. The guide on Commonwealth offences explains the differences. Which regime is used is the prosecution's decision.
Legal basis: Criminal Code Act 1995 (Cth) Part 9.1. This is a summary for general understanding. The full provisions are more detailed and may not apply in all circumstances.
6What to do now
Action
Say nothing to anyone but a lawyer. Do not touch the phone if police still have it, and do not delete anything if they do not. Do not contact anyone else involved. If the charge is small quantity supply in the Local Court, the sentencing preparation in the possession course transfers, but the plea decision, and the question whether the charge should be supply at all, does not. Get advice before the first mention.
Any supply charge, at any quantity
Whether the charge should be supply rather than possession, whether deemed supply can be rebutted, and what the phone evidence actually shows are questions that decide years rather than months. A consultation with the lawyers who built Standard before your first mention is the right step.
Request a consultationGeneral information only, not legal advice. NSW-specific. Every matter turns on its own facts and laws can change. Reading this guide does not create a solicitor-client relationship between you and the lawyers who produced it.