Drug Supply
Understanding Drug Supply Charges
Drug supply offences in New South Wales cover more than just selling drugs – even sharing with friends or helping arrange a deal can result in serious criminal charges.
What You Need to Know
- Wide Scope of Supply: Supply under section 25 of the Drug Misuse and Trafficking Act 1985 includes giving, selling, distributing, or even offering prohibited drugs to others.
- Even Small-Scale Sharing Counts: Supplying drugs does not require money to change hands. Sharing drugs with friends or arranging a deal can lead to charges.
- You Don’t Need to Be Caught Red-Handed: Police can rely on circumstantial evidence such as messages, possession in supply quantities, or planning discussions.
If you’re facing a drug supply charge, Brightstone Defence Criminal Lawyers can help you assess your legal position and defend your rights.
In NSW, under section 25 of the Drug Misuse and Trafficking Act 1985, drug supply means giving, selling, distributing, or even offering to supply illegal drugs. This includes:
- Sharing with friends
- Passing it on without money
- Helping to arrange a deal
It’s not just about large scale dealing, even small amounts shared between friends can count as “supply” under the Drug Misuse and Trafficking Act 1985 (NSW).
Elements the Prosecution Must Prove
To convict someone of drug supply, prosecutors must show:
- You supplied, or intended to supply, a prohibited drug
- The drug was a prohibited substance, for example MDMA, cocaine, meth or heroin
You don’t have to be caught handing it over to be charged. Evidence of planning, possession in “supply quantities,” or digital messages also constitutes as supply.
Possible Defences
Common defences in drug supply cases include:
- Lack of knowledge – you didn’t know the drugs were there or weren’t yours
- No intent to supply – the drugs were for personal use only, not to sell or share
- Duress – someone forced or threatened you to get involved
- Mistaken identity – you were wrongly accused or misidentified
- Licenced or authorised – a possible defence to supply is a licence or authorisation to supply the drug under the Poisons and Therapeutic Goods Act 1966
- Granted authority – if authority was granted by the Secretary of the Department of Health where the purpose of supply is for scientific research purposes, instruction, analysis or study; or hereby granted by the Police Commissioner under section 39RA
Potential Penalties
Drug supply is treated very seriously by the courts, especially if the amount is of commercial quantity, or the supply involves organised crime. Penalties can include:
- Fines up to $220,000
- Imprisonment of up to 15–20 years, depending on the drug type and quantity (these offences carry standard non-parole periods)
- In the stance that the supply was to a child under the age of 16, the maximum penalty is 25 years imprisonment and a fine of up to $462,200
Even being caught with a “trafficable quantity” can lead to a presumption of supply, meaning the burden shifts to you to prove it wasn’t.
Legal Process
& Options
After you are charged, your case will be listed in court. You may be granted bail, and your lawyer will then help you assess whether to plead guilty or not guilty. From there, your matter will either proceed to a hearing or to sentencing.
Pleading
Not Guilty
If you plead not guilty, our team at Brightstone Defence will examine the prosecution’s case and evidence in detail and prepare a tailored defence strategy, including any of the following:
- Showing the drugs were for personal use only
- Arguing lack of knowledge, duress, or mistaken identity
- Challenging the legality of the search or the admissibility of evidence
We will represent you in court and work to have the charges withdrawn or dismissed wherever possible.
Pleading
Guilty
If you choose to plead guilty, your matter will go straight to sentencing. Entering an early guilty plea can:
- Lead to reduced penalties and legal costs
- Demonstrate remorse, which may reduce the sentence
- Improve your chances of receiving a Section 10 dismissal or a Conditional Release Order (CRO), avoiding a conviction
Before making any plea, speak to one of our experienced criminal lawyers to fully understand your rights and options.
Legally, manufacturing a prohibited drug typically refers to being included in the production. This could include, for example:
- Going to a friend’s house and helping him operate a pill press
- Buying an at-home kit and making your own MDMA at home
No, it can also include any steps that are part of the production process, such as:
- Mixing precursors
- Assembling lab equipment
- Preparing ingredients with the intent to manufacture a prohibited substance
No, even on a small scale it is illegal. It is a criminal offence under section 24(1) of the Drug Misuse and Trafficking Act 1985 (NSW) regardless of the scale or quantity.
Absolutely. Prosecutors need to prove there was intent to produce a prohibited drug. Mere possession of certain chemicals or tools without intent may not meet the legal definition of manufacturing. However, it is essential to have strong legal support to help differentiate your involvement.
Precursor substances are materials used to make prohibited drugs in NSW.
NSW law restricts unauthorised possession of certain precursors, such as pseudoephedrine, if intended for drug manufacturing.
- Supply involves evidence of distribution or the intent to distribute a prohibited drug
- Deemed supply applies when someone is found with more than the trafficable quantity
- In such cases, the law presumes intent to supply, even without direct proof
Intent to supply may be inferred from evidence such as:
- Text messages arranging deals
- Possession of sealable bags or scales
- Large amounts of unexplained cash
- Being in a known drug distribution area
Yes. Under section 29 of the Drug Misuse and Trafficking Act 1985, if you are found with more than the trafficable quantity, the law presumes intent to supply unless proven otherwise.
Yes. For small amounts (15 to 30 grams of dried cannabis), NSW Police may issue a Cannabis Caution.
The Cannabis Cautioning Scheme:
- Has been in place since 2000
- Is operated by the NSW Police Force
- Was developed after the 1999 NSW Drug Summit
Police have discretion to issue a caution, encouraging legal awareness and health support.
For more serious offences, seek legal advice immediately.
Courts consider factors such as:
- Circumstances of the offence
- Offender’s criminal history and character
- Mitigating factors (section 21A of the Crimes (Sentencing Procedure) Act 1999)
It is rare for a first-time offender to be imprisoned. Alternative sentencing may include:
- Fines
- Community release orders
- Community corrections orders
First-time offenders may avoid conviction by:
- Participating in drug court programs
- Pursuing rehabilitation
- Securing a section 10
- Submitting an apology letter
- Providing character references
- Supply involves evidence of distribution or the intent to distribute a prohibited drug
- Deemed supply applies when someone is found with more than the trafficable quantity
- In such cases, the law presumes intent to supply, even without direct proof
Intent to supply may be inferred from evidence such as:
- Text messages arranging deals
- Possession of sealable bags or scales
- Large amounts of unexplained cash
- Being in a known drug distribution area
Yes. Under section 29 of the Drug Misuse and Trafficking Act 1985, if you are found with more than the trafficable quantity, the law presumes intent to supply unless proven otherwise.
Yes. For small amounts (15 to 30 grams of dried cannabis), NSW Police may issue a Cannabis Caution.
The Cannabis Cautioning Scheme:
- Has been in place since 2000
- Is operated by the NSW Police Force
- Was developed after the 1999 NSW Drug Summit
Police have discretion to issue a caution, encouraging legal awareness and health support.
For more serious offences, seek legal advice immediately.
Courts consider factors such as:
- Circumstances of the offence
- Offender’s criminal history and character
- Mitigating factors (section 21A of the Crimes (Sentencing Procedure) Act 1999)
It is rare for a first-time offender to be imprisoned. Alternative sentencing may include:
- Fines
- Community release orders
- Community corrections orders
First-time offenders may avoid conviction by:
- Participating in drug court programs
- Pursuing rehabilitation
- Securing a section 10
- Submitting an apology letter
- Providing character references
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