DRUG SUPPLY / POSSESSION

Drug Supply and Possession Charges in New South Wales

Drug supply and possession offences in New South Wales are primarily governed by the Drug Misuse and Trafficking Act 1985 (NSW). These offences are treated seriously by the courts and carry a range of penalties depending on the type and quantity of the drug involved.

Relevant Legislation

The key provisions relating to drug supply and possession are found in the Drug Misuse and Trafficking Act 1985 (NSW):

  • Section 10 – Possession of prohibited drugs

  • Section 25 – Supply of prohibited drugs

  • Section 29 – Deemed supply based on quantity possessed

Drug Possession (Section 10)

A person can be charged with possession of a prohibited drug under section 10 if they knowingly have a prohibited drug in their custody or control. This includes common substances such as cannabis, cocaine, MDMA, methamphetamine, heroin, and LSD.

To secure a conviction, the prosecution must prove:

  • The substance was a prohibited drug; and

  • The accused knowingly had custody or control of the drug.

Maximum penalty: 2 years’ imprisonment and/or a fine of $2,200, unless dealt with in the District Court where penalties can be more severe depending on the circumstances.

Drug Supply (Section 25)

Under section 25, it is an offence to supply or knowingly take part in the supply of a prohibited drug. The definition of “supply” includes not only selling, but also agreeing to supply, offering to supply, or distributing without financial gain.

Supply charges are graded based on the quantity involved:

  • Small quantity

  • Indictable quantity

  • Commercial quantity

  • Large commercial quantity

Maximum penalties can range from 10 years to life imprisonment, depending on the quantity and the accused’s role in the supply chain.

Deemed Supply (Section 29)

A person found in possession of a trafficable quantity of a prohibited drug can be presumed to have the intent to supply, unless they can prove otherwise. This is known as a “deemed supply” and is set out under section 29 of the Act.

For example, possession of more than 0.75g of MDMA or 3g of cocaine may lead to a deemed supply charge.

Aggravating Factors

Courts consider various factors that may increase the severity of a sentence, including:

  • Supplying drugs to minors

  • Commercial motivation

  • Participation in an organised criminal network

  • Prior drug-related convictions

Legal Consequences and Representation

Drug supply and possession charges can have life-altering consequences, including imprisonment and a criminal record. Given the complexity and seriousness of these offences, it is essential to seek immediate legal advice from a qualified criminal defence lawyer.