Finding a small amount of cannabis, methamphetamine, cocaine or MDMA in your possession is already stressful enough. But when the quantity crosses a specific legal line, the charge can suddenly escalate from simple possession to deemed supply — a far more serious offence with dramatically higher penalties and a much greater risk of imprisonment.
In New South Wales, the deemed supply presumption under s 29 of the Drug Misuse and Trafficking Act 1985 is one of the most powerful and feared provisions in drug law. Once the quantity exceeds the trafficable threshold for that particular drug, the law automatically presumes you intended to supply it. The burden then shifts to you to prove, on the balance of probabilities, that the drugs were solely for personal use.
At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, our criminal lawyers in Sydney have successfully rebutted the presumption of supply in hundreds of cases and secured Section 10 non-conviction orders or significantly reduced sentences even when quantities were at or above the trafficable level. This detailed 2026 guide explains exactly how deemed supply laws work in NSW, the current quantity thresholds for every common drug, the dramatically different penalties, how the presumption operates in practice, the strongest defences and rebuttal strategies, realistic outcomes in Sydney courts, and practical steps you can take if charged.
Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship. For legal Advice, please be sure to contact our office at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.
How Deemed Supply Works Under NSW Law
The base offence of drug possession is in s 10 of the Drug Misuse and Trafficking Act 1985. It is a relatively minor matter for small personal-use quantities. However, s29 creates a reverse onus presumption:
“Where a person is in possession of a quantity of a prohibited drug that is not less than the trafficable quantity, the person is deemed to have the drug in their possession for the purpose of supply unless the person proves that the drug was not in their possession for supply.”
This means:
- The prosecution only needs to prove possession and that the quantity is at or above the trafficable threshold.
- You must then give evidence (usually by entering the witness box) to satisfy the court, on the balance of probabilities, that the drugs were for personal use only.
- If you cannot rebut the presumption, you are convicted of supply — a much more serious offence.
Current Quantity Thresholds (2026)
The thresholds have remained stable following the 2024–2026 indexing and reform cycle. The most commonly encountered drugs in Sydney courts are:
- Cannabis
- Small quantity: up to 25 grams → simple possession
- Trafficable quantity: 25 g – 300 g → deemed supply
- Indictable quantity: over 300 g → supply charge
- Methamphetamine (ice)
- Small quantity: up to 1 gram → simple possession
- Trafficable quantity: 1 g – 5 g → deemed supply
- Indictable quantity: over 5 g → supply charge
- Cocaine
- Small quantity: up to 1 gram
- Trafficable quantity: 1 g – 5 g
- Indictable quantity: over 5 g
- MDMA (ecstasy)
- Small quantity: up to 1 gram
- Trafficable quantity: 1 g – 5 g
- Indictable quantity: over 5 g
- Heroin
- Small quantity: up to 1 gram
- Trafficable quantity: 1 g – 5 g
- Indictable quantity: over 5 g
Even a few grams over the trafficable threshold can turn a matter from a potential fine or Section 10 into a serious supply charge carrying up to 10 years imprisonment.
Penalties – Simple Possession vs Deemed Supply
Simple Possession (s 10)
- Maximum: 2 years imprisonment and/or $2,200 fine
- Typical first offence outcome in Sydney Local Court:
- Section 10 non-conviction order (no record)
- Fine $500–$1,500 or Conditional Release Order for repeat matters
Deemed Supply / Supply (trafficable quantity)
- Maximum: 10 years imprisonment (District Court)
- Typical first offence: 12–24 months intensive correction order or community correction order
- Typical second offence: 2–4 years full-time imprisonment
Commercial or large commercial supply
- Maximum: 14–25 years imprisonment depending on quantity and drug type
- Typical first offence: 3–7 years full-time with non-parole period of 50–75%
Factors Courts Consider When Rebutting the Presumption
To successfully rebut the s 29 presumption, you must satisfy the court on the balance of probabilities that the drugs were for personal use only. Strong rebuttal evidence includes:
- Long-standing addiction history supported by medical or drug counselling records
- Absence of supply indicia (no scales, no multiple mobile phones, no large amounts of cash, no small deal packaging)
- Text messages or communications showing personal use rather than dealing
- Expert evidence from a toxicologist or addiction medicine specialist
- Consistent user quantity patterns (e.g. daily consumption rate matching the amount found)
Courts are more willing to accept rebuttal when the quantity is only slightly above the trafficable threshold and there is clear evidence of heavy personal use.
Common Defences
- Rebutting the presumption of supply — the most common and effective strategy for trafficable quantity cases.
- Lack of knowledge or control — the drugs belonged to someone else or the accused had no effective control.
- Unlawful search or seizure — evidence excluded under s 138 Evidence Act 1995 if police breached LEPRA (no reasonable suspicion, unlawful arrest). This defence has led to the withdrawal or dismissal of many supply cases.
- Section 10 non-conviction order — even if the presumption is not fully rebutted, courts can still dismiss the matter without conviction in lower-end cases with strong subjective factors (first offence, employment, family hardship, completed rehabilitation).
Practical Steps If You Are Charged
- Exercise your right to silence immediately — do not answer questions about the drugs until you have spoken to a lawyer.
- Contact specialist legal advice as soon as possible — before any interview or court appearance.
- Do not consent to further searches without legal advice.
- Begin rehabilitation early — attending MERIT, SMART Recovery or counselling demonstrates remorse and helps rebut the supply presumption.
- Gather strong subjective material — employer letters, family affidavits, medical evidence of addiction.
Contact Nicopoulos Sabbagh Lawyers Today
A drug possession or deemed supply charge does not have to define your future. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, our criminal lawyers in Sydney achieve outstanding results every week. Contact us at info@nslaw.net.au, call 0427 101 499 or 02 9793 7016, or visit www.nslaw.net.au for a free consultation.
We appear daily in every major Sydney court and know exactly what magistrates and judges are looking for in drug possession and deemed supply matters in 2026. Let one of Sydney’s most experienced criminal law firms fight for the best possible outcome — whether that is a Section 10 dismissal, a successful rebuttal of the supply presumption, or a sentence that keeps you out of gaol.
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At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we have extensive experience defending DUI and PCA charges across Sydney courts. Our approach combines technical expertise, mitigation strategies, and a focus on achieving Section 10 outcomes or interlock exemptions where possible. We offer fixed fees, 24/7 availability, and compassionate support during what is often a stressful time.
Contact us today for a free consultation at info@nslaw.net.au, 0427 101 499 or 02 9793 7016, or visit www.nslaw.net.au.
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Ethical Note: This article provides general information on NSW laws and penalties in NSW and does not guarantee specific results. Outcomes depend on individual circumstances. Always seek professional legal advice tailored to your case. For expert representation, contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au.
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*This article correctly reflects the Laws of NSW as of 13th March 2026.
*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.