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Charged with Drug Supply or Trafficking? What You Need to Know
Drug supply is one of the most serious drug charges in NSW, and it is prosecuted under section 25 of the Drug Misuse and Trafficking Act 1985 (NSW). Depending on the quantity involved, the maximum penalty ranges from 15 years imprisonment through to life imprisonment.
There is no separate offence in NSW called “drug trafficking.” The word is used constantly in practice, in media reporting, and in the title of the Act itself, but the actual charge laid is always supply, most often commercial or large commercial quantity supply under section 25(2), or supply on an ongoing basis under section 25A.
Many people also assume supply requires a sale for money. It does not. Sharing drugs with a friend, holding drugs for someone else, or agreeing to pass drugs on can all meet the legal definition of supply, even where no money changes hands.
These activities can involve illegal substances that are often linked to wider illicit drug networks, distribution systems, and organised crime operations across Australia and other countries.
The Australian Legal Practice represents clients facing drug supply and trafficking allegations across Burwood, Sydney CBD, and Parramatta. Our lawyers are available 24/7, and the first consultation is free.
Call (02) 8084 9929 to arrange a free consultation with a principal lawyer.
What Is Drug Supply?
Drug supply is the offence of supplying, or knowingly taking part in the supply of, a prohibited drug. It is a separate and far more serious offence than possession or use.
Section 3 of the Act defines “supply” extremely broadly to include:
- Selling and distributing
- Agreeing to supply, or offering to supply
- Keeping or having in possession for supply
- Sending, forwarding, delivering, or receiving for supply
- Authorising, directing, causing, suffering, permitting, or attempting any of those acts
Conduct that can meet this definition includes:
- Selling a prohibited drug for money
- Giving drugs to a friend for free, sometimes called “social supply”
- Holding drugs on behalf of another person with the intention of passing them on
- Agreeing to arrange a supply, even where the drugs are never actually handed over
Drug supply offences may involve a wide range of prohibited products, including cocaine, heroin, and other chemical substances. These drugs are often connected with illegal markets where demand, distribution, and smuggling networks operate across Australia, Asia, and other regions.
Related supply offences under the Act:
- Supply to a person under 16 (section 25(1A) and (2A)): where the accused is 18 or over, the penalty otherwise applicable is increased by one-fifth
- Ongoing supply (section 25A): supplying a prohibited drug on 3 or more separate occasions within any period of 30 consecutive days, for financial or material reward. The drug does not need to be the same on each occasion
- Deemed supply (section 29): possession of not less than the traffickable quantity of a prohibited drug is deemed to be possession for supply, unless the accused proves otherwise
Drug Supply Under Australian Law
Drug supply offences are created by section 25 of the Drug Misuse and Trafficking Act 1985 (NSW). The maximum penalty depends on the quantity of pure drug involved:
- Section 25(1): supply of any quantity up to the indictable quantity
- Section 25(2): supply of not less than a commercial quantity
- Section 25A: supply on an ongoing basis, maximum 20 years imprisonment or 3,500 penalty units, regardless of quantity
- Section 29: deemed supply from possession of not less than the traffickable quantity
The scale of illegal drug markets is influenced by factors including demand, supply routes, cultivation, chemical production, and international smuggling. Government intelligence agencies regularly monitor drug networks, cartels, and criminal organisations involved in these activities.
The quantity thresholds for common prohibited drugs are set out in Schedule 1 of the Act:
Drug | Small | Traffickable | Indictable | Commercial | Large Commercial |
Cocaine | 1 g | 3 g | 5 g | 250 g | 1 kg |
Heroin | 1 g | 3 g | 5 g | 250 g | 1 kg |
Methylamphetamine | 1 g | 3 g | 5 g | 250 g | 500 g |
MDMA (ecstasy) | 0.25 g | 0.75 g | 1.25 g | 125 g | 500 g |
Cannabis leaf | 30 g | 300 g | 1 kg | 25 kg | 100 kg |
Jurisdiction and court:
- Table 2 offence: supply not exceeding the small quantity, dealt with in the Local Court unless the prosecution elects the District Court
- Table 1 offence: supply not exceeding the indictable quantity, dealt with in the Local Court unless either the prosecution or the accused elects the District Court
- Strictly indictable: supply of a commercial quantity or above cannot be finalised in the Local Court and must be dealt with in the District Court
The court considers the seriousness of the alleged crime, the role of the accused, and whether the conduct involved broader illegal activities such as organised distribution, smuggling, or involvement with criminal networks.
A national approach to drug intelligence recognises that supply offences can sometimes involve routes connected to multiple states and countries.
What Must the Prosecution Prove?
For a basic supply charge, the prosecution must prove each of the following elements beyond reasonable doubt:
- You supplied, or knowingly took part in the supply of, a substance
- The substance was a prohibited drug
- You knew that the substance you supplied was a prohibited drug
For a charge involving a commercial or large commercial quantity, the prosecution must additionally prove:
- The amount supplied was not less than the relevant commercial or large commercial quantity
- You knew, believed, or were aware of a significant or real chance, that the amount was not less than that quantity
Where the prosecution relies on deemed supply under section 29, it only needs to prove possession of not less than the traffickable quantity. The onus then shifts to you to prove, on the balance of probabilities, that you possessed the drug for a purpose other than supply. If you succeed, the charge is reduced to simple possession.
If the substance turns out to be a different drug from the one you believed you were supplying, you can still be found guilty of supplying the drug you believed it to be.
Drug investigations often involve reports from police intelligence units, seizure records, surveillance evidence, and information gathered about alleged supply networks. Evidence may relate to substances such as cocaine, heroin, opium derivatives, or other illicit chemical products.
Penalties for Drug Supply
Quantity | Maximum Penalty (most drugs) | Maximum Penalty (cannabis leaf) | Standard Non-Parole Period |
Small or traffickable (Local Court) | 2 years or 100 penalty units ($11,000) | Same | Not applicable |
Indictable | 15 years or 2,000 penalty units ($220,000) | 10 years or 2,000 penalty units | Not applicable |
Commercial | 20 years or 3,500 penalty units ($385,000) | 15 years or 3,500 penalty units | 10 years |
Large commercial | Life imprisonment or 5,000 penalty units ($550,000) | 20 years or 5,000 penalty units | 15 years |
Ongoing supply (section 25A) | 20 years or 3,500 penalty units ($385,000) | Same | Not applicable |
The standard non-parole period is a guidepost for the minimum time a court expects an offender to serve in custody before becoming eligible for parole. It is not a fixed rule, and courts can depart from it based on the circumstances of the offence and the offender.
Sentencing outcomes across the full range include:
- Section 10 dismissal or Conditional Release Order without conviction, generally reserved for minor supply matters heard in the Local Court
- Conditional Release Order with conviction
- Community Correction Order
- Intensive Correction Order
- Full-time imprisonment
Factors that influence the sentence:
- The quantity and type of drug involved
- Your role, such as principal, courier, or minor participant
- Whether the supply was for financial reward or was a one-off act between friends
- Prior criminal history
- Genuine remorse and an early guilty plea, which attracts a discount of up to 25 per cent
- Personal circumstances, including drug dependency and prospects of rehabilitation
Courts may also consider the broader impact of drug markets, including violence associated with some organised crime groups, cartels, and illegal distribution networks. While a person charged with supply is judged on their own conduct, authorities often investigate whether alleged activities form part of wider drug trafficking operations affecting communities, the economy, and public safety.
Courts previously followed a general rule that supply “to a substantial degree” should lead to full-time imprisonment except in exceptional circumstances. This rule was abandoned by the Court of Criminal Appeal in Parente v R [2017] NSWCCA 284, which held that sentencing for supply should be guided by ordinary sentencing principles rather than a fixed presumption in favour of imprisonment.
This does not mean supply offences are treated leniently, particularly at the commercial and large commercial level, where full-time imprisonment remains the overwhelmingly likely outcome.
Possible Defences Against Drug Supply
Several defences can result in a supply charge being dismissed, reduced, or withdrawn.
- The Carey defence: established in R v Carey (1990) 20 NSWLR 292, this applies where you were merely holding a drug for its true owner with the intention of returning it, rather than possessing it for supply
- Rebutting deemed supply: for a section 29 charge, proving on the balance of probabilities that the drug was possessed for a purpose other than supply, such as personal use, reduces the charge to simple possession
- Lack of knowledge: you did not know, and had no real reason to suspect, that the substance was a prohibited drug
- Duress: you were forced to act by threats of serious harm from another person
- Necessity: the conduct was necessary to avoid an imminent and greater harm
- Mistaken identity: you were not the person involved in the alleged supply
Every defence is assessed on the specific facts, including surveillance evidence, text messages or call records, and any admissions made during a police interview.
In some cases, investigations may involve claims that a person was connected to illegal drug activities, smuggling routes, or criminal organisations involved in the distribution of illicit products. However, prosecutors must still prove the individual’s own conduct rather than relying only on assumptions about wider drug markets or networks.
Your Options When Charged with Drug Supply
Option | What It Means |
Negotiate with the prosecution | Where the quantity, knowledge, or involvement evidence is weak, representations can result in a charge being withdrawn, downgraded to a lower quantity tier, or reduced from supply to possession |
Plead not guilty | Contest the charge at a defended hearing or trial, where the prosecution must prove every element, including your knowledge and intention, beyond reasonable doubt |
Plead guilty and seek the best outcome | An early guilty plea attracts a sentencing discount of up to 25 per cent; character material, evidence of a limited role, and rehabilitation steps can reduce the head sentence and non-parole period |
A thorough legal review may involve examining police reports, seizure procedures, intelligence material, alleged supply routes, and whether evidence has been properly obtained. This is particularly important where allegations involve cocaine, heroin, or other prohibited chemical substances connected to national or international drug markets.
Why Choose The Australian Legal Practice for Drug Supply Charges
- Principal-level representation. You deal directly with an experienced senior lawyer, not a junior
- 24/7 availability on (02) 8084 9929. Supply charges often follow an urgent search or arrest, at any hour
- Three Sydney offices: Burwood, Sydney CBD, and Parramatta, with experience across Local Court, District Court, and Supreme Court matters
- Free initial consultation so you can understand your options before your first court date
- Experience distinguishing genuine commercial supply from social supply between friends, and challenging deemed supply allegations
- Fixed-fee arrangements available for standard supply matters heard in the Local Court
- Integrated advice on bail, which is treated as a show cause matter for commercial quantity supply under the Bail Act 2013 (NSW)
Our lawyers understand that allegations involving drug supply can involve complex issues such as illegal market demand, distribution networks, alleged cartel involvement, and activities linked to organised crime. Each case requires careful analysis of the evidence, including any report, seizure record, or intelligence material relied upon by authorities.
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Frequently Asked Questions About Drug Supply and Trafficking
No. NSW law does not contain a standalone offence called drug trafficking. The word is used informally, but the actual charge is always supply under section 25, most commonly at the commercial or large commercial quantity level, or supply on an ongoing basis under section 25A.
Yes. The definition of supply includes giving, distributing, or agreeing to supply a prohibited drug, whether or not any money or reward is involved. This is sometimes referred to as social supply.
The Carey defence, from R v Carey (1990) 20 NSWLR 292, applies where you were holding a drug for its true owner and intended to return it, rather than possessing it for the purpose of supply. It can be relevant where you are found with someone else’s drugs.
Not automatically. Possession of not less than the traffickable quantity is deemed to be for supply under section 29, but you can avoid a supply conviction by proving, on the balance of probabilities, that you possessed the drug for a purpose other than supply, such as personal use.
Yes. Where two or more people share possession or control of a quantity of drugs with a common purpose, each person can be charged with supply or deemed supply in relation to the same substance.
Drug supply cases can involve substances originating from different regions, including areas associated with opium cultivation, chemical production, and illegal drug markets across Asia and other countries. Authorities may investigate whether alleged networks involve smuggling, organised groups, or violence linked to the demand for prohibited substances.
Speak to a criminal defence lawyer today on (02) 8084 9929 or book a free consultation online.
