Drug Supply Charges NSW: Court Process, Charges, Penalties, And Defences

Drug Supply Charges NSW

In New South Wales, drug supply charges usually arise under the Drug Misuse and Trafficking Act 1985 (NSW). “Supply” covers much more than selling drugs for cash. It includes sharing drugs with friends, delivering drugs for someone else, or knowingly taking part in any arrangement to move drugs from one person to another.

This is very different from simple possession, which is usually charged under section 10 when police allege you had a prohibited drug for your own use. Supply is treated as a higher order offence because it is linked to distribution into the community. To prove supply, prosecutors generally need to show the substance was a prohibited drug, that you supplied it or took part in supply, and that you knew what it was. Misunderstandings are common, especially around “social supply”, deemed supply and how quantities affect charges, so early legal advice is critical.

What Actions Constitute Supplying A Prohibited Drug?

Under the Act, “supply” is defined very broadly. It includes selling, giving, sending, delivering, agreeing to supply, offering to supply, and having drugs in your possession for supply. Even acting as a go-between or holding drugs to pass on can be treated as supplying, not just possession.

Police can also rely on “deemed supply” laws. If you are found with at least a traffickable quantity of a prohibited drug, the law can presume you hold it for supply unless you can show, on the balance of probabilities, that it was for another purpose such as personal use. This reversal of onus is a major trap for people carrying larger amounts for themselves or a group.

How Do Drug Offences Operate Under NSW Criminal Law?

Most drug offences in NSW sit within the Drug Misuse and Trafficking Act 1985 (NSW), supported by the Crimes (Sentencing Procedure) Act 1999 (NSW). Supply, ongoing supply, manufacture, cultivation and possession all fall under this framework, with separate maximum penalties and sentencing structures.

Supply offences are treated more seriously than simple use or possession because they involve distribution rather than personal consumption. Serious supply and ongoing supply matters are often heard in the District Court with a real risk of full-time imprisonment.

If you are charged with any drug offence, our experienced criminal defence lawyers can explain the charges, represent you in court, negotiate with the prosecution where appropriate and work to reduce or avoid custodial penalties wherever the law and evidence allow.

How Do Different Drug Supply Offences Work In NSW?

NSW law recognises several different supply-type offences. Standard supply under section 25 covers supplying or knowingly taking part in supplying a prohibited drug. Ongoing supply under section 25A targets people who supply drugs on three or more occasions within thirty days for a financial or material reward. There are also conspiracy and drug-premises offences which can attach to supply activity.

Within section 25, offences are graded by quantity. Less than commercial quantity supply is still serious, but penalties increase sharply once the amount reaches “commercial” or “large commercial” levels. Ongoing supply and large commercial supply are viewed as business-like or organised dealing, and the courts treat them as among the most serious drug offences, often attracting lengthy custodial sentences focused on deterrence and community protection.

What Penalties Apply For Drug Supply Offences?

For drug supply in NSW, the maximum penalty depends on the type of drug, the quantity and the specific charge laid under the Drug Misuse and Trafficking Act. The table below summarises some example maximums for common supply categories mentioned in this article. These are ceiling penalties for the most serious cases. Actual sentences will usually be lower and depend on the offender’s role, record and rehabilitation.

Example Maximum Penalties For Drug Supply Offences (NSW)

How Serious Are First-Time Drug Supply Penalties?

Being a first-time offender does not guarantee that you will avoid prison on a supply charge. The NSW Court of Criminal Appeal has stressed that sentences for drug supply must reflect general deterrence and community protection, especially where dealing is to a substantial degree or involves commercial quantities.

However, the court has also confirmed that judges must apply ordinary sentencing principles, not start from a rigid rule that full-time custody is always required. Alternatives such as intensive correction orders or community corrections orders must be given genuine consideration where the objective seriousness is lower and rehabilitation prospects are strong. For smaller quantities and clearly low-level conduct, first-time offenders may sometimes avoid jail, but custodial outcomes remain common once supply passes beyond minor or social-use scenarios.

How Do Sentencing Guidelines Shape Outcomes?

NSW courts follow the Crimes (Sentencing Procedure) Act 1999 (NSW) and the Judicial Commission Sentencing Bench Book when sentencing supply matters. The Bench Book summarises case law and provides structured guidance on how factors like quantity, role, planning and profit should influence the assessment of objective seriousness. Key decisions such as Parente v R make it clear that sentencing must be based on general principles, with imprisonment treated as a last resort but still common in serious supply cases.

Judges are also guided by section 3A purposes of sentencing, including punishment, deterrence and community protection. Standard non-parole periods apply to some commercial quantity supply offences, signalling that Parliament expects longer sentences in those categories. At the same time, courts must individualise each sentence, taking into account mitigating factors like youth, lack of prior record, plea of guilty and rehabilitation progress, rather than simply following a checklist.

What Factors Influence Seriousness In Sentencing?

Aggravating factors for supply include large quantities, high levels of organisation, use of firearms or violence, supply to children, exploitation of vulnerable users and offending while on bail or parole. A leading role in an organised distribution network usually pushes a sentence well up the available range.

Mitigating factors include genuine remorse, early guilty pleas, cooperation with authorities, demonstrated rehabilitation, minor or courier-level roles and pressures such as addiction or coercion. Courts must weigh aggravating and mitigating considerations under section 21A of the Crimes (Sentencing Procedure) Act, then fix a sentence that is proportionate to the total criminality involved, rather than any single factor.

How Does The Crimes (Sentencing Procedure) Act Affect Supply Sentences?

The Crimes (Sentencing Procedure) Act 1999 (NSW) sets out the framework for all criminal sentencing, including drug supply matters. Section 21A lists aggravating and mitigating factors that must be taken into account, while section 5 requires the court not to impose imprisonment unless satisfied that no other penalty is appropriate.

For some serious supply offences, the Act prescribes standard non-parole periods which act as legislative guideposts for the middle of the sentencing range. Courts are not bound to impose the standard period, but they must consider it alongside the maximum penalty. The Act also provides for sentencing alternatives such as intensive correction orders, community correction orders and conditional release orders, which can sometimes be used instead of, or in combination with, full-time custody where the objective seriousness and risk profile allow.

What Penalties Exist For Different Supply Quantities?

Quantity thresholds in Schedule 1 of the Drug Misuse and Trafficking Act divide supplies into small, traffickable, indictable, commercial and large commercial bands. As you move up each band, both the type of charge and the available maximum penalties increase. For example, supply of less than a commercial quantity of a non-cannabis drug carries a maximum of 15 years, while commercial and large commercial supplies can attract maximum sentences of 20 years or life imprisonment.

These thresholds are different for each drug. A quantity that is commercial for a concentrated substance might still be indictable for a less potent one. Police and courts rely on the pure weight or the total mixed weight depending on the substance and the charge. This makes the laboratory certificate and the prosecution’s quantity calculations critical evidence in any supply case.

How Many Grams Are Considered A Traffickable Quantity?

The traffickable quantity is set out in Schedule 1 for each prohibited drug. It is not a single number across all substances. For some drugs, the traffickable threshold is measured in fractions of a gram, while for others it can be several grams.

By way of example only, some NSW cases and commentary refer to traffickable quantities of cocaine in the low single-gram range, with larger amounts moving into indictable and commercial bands. The exact thresholds are technical, can change over time, and differ by drug. Anyone charged with deemed supply should have a lawyer check the current Schedule 1 tables and the purity analysis to ensure the alleged weight has been correctly classified.

How Does The Legal Process For Supply Charges Work?

Most supply matters start with a search and arrest, followed by a charge and a first appearance in the Local Court. Police may refuse bail, in which case an urgent bail application to the Local or Supreme Court may be needed. Early steps include obtaining the police fact sheet, charge sheets and any forensic certificates, then deciding whether you plead guilty, not guilty, or seek negotiations on the charges.

Less serious supply matters involving smaller quantities may stay in the Local Court, while more serious or strictly indictable charges will proceed to the District Court. Throughout the process there are opportunities to challenge the admissibility of evidence, dispute quantity or role, negotiate charge reductions, and present material on rehabilitation. An experienced drug lawyer can guide you through each stage, from bail and plea advice through to sentence or trial.

How Do NSW Drug Laws Define Supply Offences?

NSW drug laws define supply offences in Part 2, Division 2 of the Drug Misuse and Trafficking Act 1985. Section 25 creates the basic offence of supplying or knowingly taking part in the supply of a prohibited drug. Section 25A adds the separate offence of supplying on an ongoing basis, and other sections address manufacture, cultivation, conspiracy and drug premises.

The Act also contains deemed supply provision, which allows the court to infer supply from possession of at least a traffickable quantity unless the accused shows a different purpose. Together with the detailed quantity tables in Schedule 1, these provisions create a structured system that allows police and prosecutors to charge drug offenders according to both the type of conduct and the quantity involved.

How Does Drug Possession Sentencing Compare With Supply?

Simple drug possession under section 10 of the Act is treated less seriously than supply, although it still carries a maximum of 2 years imprisonment and a criminal record risk. Possession is usually dealt with in the Local Court, and for small quantities and first-time offenders, the court often considers fines, conditional release orders or in some cases, non-conviction outcomes.

In contrast, supply offences attract much higher maximum penalties, stricter sentencing guidance and a stronger focus on general deterrence. Even where alternatives to full-time custody are available, courts often emphasise the social harm caused by drug distribution. Understanding the distinction between possession and supply, and whether the evidence really supports a supply charge, is often central to defending a case or limiting the eventual penalty.