"Supply" under NSW law covers far more than a sale — it includes giving drugs away and, through the deemed supply provisions, simply possessing enough of a drug. Penalties range from a Local Court matter to life imprisonment, scaling with the quantity involved.
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Many people charged with supply are surprised to learn they never sold anything. Sharing drugs with friends, holding drugs for someone else, or simply being caught with more than the traffickable quantity can all lead to a supply charge — because the legal definition, and the "deemed supply" presumption, sweep in conduct well beyond a commercial sale.
These are indictable offences that can attract very lengthy prison terms, particularly once quantity thresholds are crossed. Getting the right advice immediately — often before you're formally charged — can shape whether the matter stays in the Local Court or escalates toward the District Court.
Section 25 of the Drug Misuse and Trafficking Act 1985 (NSW)makes it an offence to supply a prohibited drug. "Supply" is defined broadly to include selling, distributing, agreeing to supply, offering to supply, and having a drug in your possession for the purpose of supplying it — no sale or profit is required.
Section 29 goes further: if you're found with a prohibited drug at or above the traffickable quantity listed in Schedule 1, the law presumes — or "deems" — that you possessed it for supply, unless you can prove otherwise on the balance of probabilities. This reverses the usual burden of proof on that one issue.
Where a person has in their possession an amount of a prohibited drug which is not less than the traffickable quantity, that person shall, unless the contrary is proved, be deemed to have the drug in their possession for supply.
— Section 29, Drug Misuse and Trafficking Act 1985 (NSW)
Charged over a personal-use amount instead? See our drug possession lawyers Sydney page.
Unlike possession, the maximum penalty for supply is tiered — it rises sharply once the quantity involved crosses set thresholds.
Local Court
Up to 2 years imprisonment and/or 100 penalty units summarily; the maximum available on indictment for this quantity is up to 15 years and/or 2,000 penalty units.
District Court
Up to 20 years imprisonment and/or a fine of 3,500 penalty units. Treated as serious, organised-level offending.
District Court
Up to life imprisonment and/or a fine of 5,000 penalty units — the most severe tier under NSW drug law.
Having a drug in your custody or control for your own purposes, with no intention to give or sell it to anyone else. Charged under section 10 and dealt with in the Local Court, with a maximum of 2 years imprisonment.
Providing, distributing, or intending to provide a drug to someone else — or holding a quantity at or above the traffickable threshold, which triggers the deemed supply presumption. Charged under section 25, with penalties scaling up to life imprisonment.
The line between the two often comes down to quantity, packaging, and other surrounding evidence — such as scales, resealable bags, or messages — which police and prosecutors point to as evidence of an intention to supply, even where no sale ever took place.
Each prohibited drug has its own set of threshold weights — small, traffickable, indictable, commercial and large commercial quantity — listed in Schedule 1 to the Act. These thresholds differ significantly between drug types, so the same physical weight of two different substances can sit in completely different penalty tiers.
Yes. The maximum penalty you face is determined by which quantity tier the drug falls into for that specific substance, not a single fixed weight across all drugs. This is why an accurate certificate of analysis — confirming both the identity and exact weight of the drug — is central to how a supply charge is defended and sentenced.
Supply charges are complex and fact-heavy. Depending on your circumstances, our lawyers may raise:
Where the charge relies on the deemed supply presumption, we can lead evidence — your own drug use, the absence of scales or bags, and the circumstances of the find — to prove, on the balance of probabilities, that the drug was for personal use.
Supply, like possession, requires proof you knew the substance was a prohibited drug and that it was in your custody or control. If it was found in a shared space without your knowledge, this element may not be established.
Police search, intercept and surveillance powers under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) are subject to strict legal requirements. Unlawfully obtained evidence can be challenged and excluded.
Where you supplied a drug only because you were compelled by a genuine, immediate threat to your safety or that of another, duress may be available — though courts apply this defence narrowly.
We appear across both jurisdictions, from indictable-quantity matters to commercial supply trials.
We scrutinise the certificate of analysis and how the drug was weighed and identified.
We build evidence around your role — addiction-driven, courier, or otherwise — to inform sentencing submissions.
Supply charges often involve contested bail; we act quickly to prepare a strong application.
Facing a lesser charge instead? See our drug possession page, or learn more about our firm on our About page.
Author: Muhammad Siddique, Criminal Defence Lawyer | Reviewed by: NS Criminal Lawyers and Associates | Last reviewed: July 2026 | Jurisdiction: New South Wales
The information on this website is general information only and is not legal advice. You should obtain legal advice about your specific circumstances.
