Drug Supply Charges
A drug supply charge in New South Wales is a serious criminal offence under the Drug Misuse and Trafficking Act 1985 (NSW). It covers selling or distributing prohibited drugs, agreeing or offering to supply them, and having them in your possession for supply. If you are facing a charge, engaging an experienced drug supply lawyer in Sydney early can make a real difference, because the penalties range from fines to lengthy terms of imprisonment.
Reviewed by Sam Saadat, Principal Lawyer, Invictus Legal. Last reviewed: 12 October 2026.
Understanding drug supply offences in NSW
It is an offence to supply, or knowingly take part in the supply of, a prohibited drug (Drug Misuse and Trafficking Act 1985 (NSW) s 25(1)). More serious offences apply where the amount is a commercial quantity or more (s 25(2)), where an adult supplies a drug other than cannabis leaf to a person under 16 (s 25(1A)), or where a person supplies a prohibited drug (other than cannabis) for financial or material reward on 3 or more occasions within 30 days, known as ongoing supply (s 25A).
Police often rely on surveillance, controlled operations, phone downloads and encrypted messages to build these cases, so getting advice from the moment you are contacted by police matters. As expert criminal defence lawyers, we appear in drug matters in the Local Courts at Downing Centre, Bankstown, Parramatta, Newtown, Burwood, Waverley, Manly, Liverpool and Campbelltown, the District Courts at Sydney, Parramatta, Campbelltown and Newcastle, and the Supreme Court in Sydney.
What counts as supply in New South Wales?
The definition of supply is broad. It includes selling and distributing, and also agreeing or offering to supply, keeping or having a drug in your possession for supply, sending, forwarding, delivering or receiving it for supply, and authorising, directing, causing, permitting or attempting any of those things (Drug Misuse and Trafficking Act 1985 (NSW) s 3). Sharing drugs with friends, or holding drugs for someone else, can amount to supply even where no money changes hands.
There is an important difference between actual supply and deemed supply. Actual supply relies on evidence that you sold, distributed or agreed to supply a drug. Deemed supply applies when you are found in possession of at least the traffickable quantity of a prohibited drug: you are taken to have it for supply unless you prove it was for another purpose, such as personal use (s 29). You must prove this on the balance of probabilities.
Examples of traffickable quantities under Schedule 1 of the Act:
Cocaine, heroin and methylamphetamine (ice): 3.0g
MDMA (ecstasy): 0.75g
Ketamine: 7.5g
Cannabis leaf: 300g
What are the penalties for drug supply in NSW?
The maximum penalty depends on the quantity, the drug and the court that deals with the charge:
Dealt with in the Local Court: up to 2 years imprisonment and/or a fine of 50 penalty units where the amount is no more than the small quantity, or 100 penalty units where it is no more than the indictable quantity (Drug Misuse and Trafficking Act 1985 (NSW) ss 30, 31).
Supply dealt with on indictment, less than a commercial quantity: up to 15 years imprisonment and/or 2,000 penalty units (10 years for cannabis plant or leaf) (s 32).
Commercial quantity: up to 20 years imprisonment and/or 3,500 penalty units (15 years for cannabis plant or leaf) (s 33(2)).
Large commercial quantity: up to life imprisonment and/or 5,000 penalty units (20 years for cannabis plant or leaf) (s 33(3)).
Ongoing supply: up to 20 years imprisonment and/or 3,500 penalty units (s 25A).
These are maximum penalties, not mandatory sentences. The court weighs the type and quantity of drug, your role, your criminal history, and your personal circumstances and prospects of rehabilitation. See our sentencing and penalties page. We present comprehensive material to the court to achieve the best possible outcome, whether that means a non-custodial sentence on a plea of guilty or fighting the charge at a defended hearing or jury trial.
How can the best drug supply lawyer in Sydney help you?
Advising you before any police interview and at the police station.
Applying for bail, including show cause applications where they apply.
Testing the evidence, including the legality of searches, the chain of custody, drug analysis certificates and whether possession can be proved.
Challenging deemed supply by gathering evidence that the drugs were for personal use.
Negotiating with the prosecution to have charges withdrawn, downgraded (for example to possession) or the facts amended.
Seeking referral to the Drug Court or other programs where you are eligible.
Learn more about our criminal law services, the criminal offences we defend, and the defences that may be available. See also our criminal defence lawyers Sydney page.
How much does a drug supply lawyer cost?
We offer fixed fees for criminal matters in Sydney, so you know the cost from the start:
Local Court guilty plea: from $2,200 incl. GST
Local Court defended hearing: from $5,500 incl. GST
Local Court or District Court bail application: from $3,300 incl. GST
Supreme Court bail application: from $5,500 incl. GST
Police station attendance: $660 incl. GST (Sydney) or $1,210 incl. GST (outside Sydney)
Fixed fees are solicitor fees only and exclude Counsel fees and other disbursements. Every client receives a written costs agreement before we commence any work, in accordance with the Legal Profession Uniform Law (NSW). Matters in the District or Supreme Court are quoted on the scope of work involved, and we issue a costs agreement before we commence any work. We offer a free 15-minute Express Consultation and a free 30-minute Initial Consultation, in person at our Marrickville office or by video.
Call our office on 02 8553 0500 or book online. For urgent matters, such as an arrest, a bail application or urgent injunctive relief, call our 24/7 urgent line on 0410 600 230.
This page is general information only and is not legal advice. Contact Invictus Legal to discuss your situation.
Frequently asked questions
What is the legal definition of supplying a prohibited drug in NSW?
Supply includes selling and distributing, agreeing or offering to supply, keeping or having a drug in your possession for supply, and sending, delivering or receiving it for supply (Drug Misuse and Trafficking Act 1985 (NSW) s 3). It can apply even where no money changes hands.
What is the difference between deemed supply and actual supply?
Actual supply requires evidence that you sold, distributed or agreed to supply a drug. Deemed supply applies when you possess at least the traffickable quantity, for example 3.0g of cocaine or 0.75g of MDMA. You are then taken to have it for supply unless you prove, on the balance of probabilities, that it was for another purpose such as personal use (s 29).
What penalties apply to drug supply offences in NSW?
In the Local Court the maximum is 2 years imprisonment. On indictment, the maximum is 15 years for less than a commercial quantity, 20 years for a commercial quantity and life imprisonment for a large commercial quantity (lower maximums apply to cannabis) (Drug Misuse and Trafficking Act 1985 (NSW) ss 30 to 33).
How does the court decide the sentence for drug supply?
The court considers the type and quantity of drug, your role in the supply, your criminal history, whether you pleaded guilty, and your personal circumstances and prospects of rehabilitation. The maximum penalties are not mandatory.
When should I contact a lawyer about a drug supply charge?
As soon as you know police are investigating or you have been charged. Early advice helps with police interviews, bail and gathering evidence. For urgent matters, call our 24/7 urgent line on 0410 600 230.