A police officer finds a small bag of cannabis, a few grams of methamphetamine, or several ecstasy tablets during a traffic stop or home search. What seems like a simple possession matter can suddenly become a serious, deemed supply charge once the quantity crosses a specific legal line. In New South Wales, the deemed supply presumption under the Drug Misuse and Trafficking Act 1985 is one of the most powerful tools used by prosecutors. It can turn a matter that might have ended with a Section 10 non-conviction order into a supply charge carrying up to 10 years imprisonment.
Many people charged with drug offences in Sydney do not realise how easily the quantity threshold can be crossed and how difficult it can be to rebut the presumption. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, our criminal lawyers in Sydney have successfully defended hundreds of deemed supply cases, rebutted the presumption in trafficable quantity matters, and obtained Section 10 dismissals or significantly reduced sentences for clients across the Downing Centre, Parramatta, Blacktown, Burwood, Liverpool, Campbelltown and other Local Courts.
This detailed 2026 guide explains deemed supply laws in NSW, the current quantity thresholds for every common drug, how the presumption operates, the dramatically different penalties, the strongest ways to rebut the presumption, common defences, real sentencing outcomes we see every week, and practical steps to protect your future 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 in NSW
The base offence of drug possession is in s 10 of the Drug Misuse and Trafficking Act 1985 (NSW). It is committed when a person knowingly has a prohibited drug in their custody or under their control.
Section 29 creates the deemed supply presumption:
If a person is in possession of a quantity of a prohibited drug that is not less than the trafficable quantity for that drug, the person is presumed 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 is a reverse onus provision. Once the quantity reaches the trafficable threshold, the prosecution does not have to prove any intention to supply. The burden shifts to the accused to prove, on the balance of probabilities, that the drugs were solely for personal use.
The presumption applies only to the quantity found. It does not require evidence of actual sales or distribution — the law deems the intention from the amount alone.
Current Quantity Thresholds (2026)
The thresholds are set out in Schedule 1 of the Drug Misuse and Trafficking Act and have remained stable following recent indexing:
Cannabis
- Small quantity: up to 25 grams → simple possession
- Trafficable quantity: 25 g – 300 g → deemed supply
- Indictable quantity: over 300 g → supply
Methamphetamine (ice)
- Small quantity: up to 1 gram → simple possession
- Trafficable quantity: 1 g – 5 g → deemed supply
- Indictable quantity: over 5 g → supply
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 small amount over the trafficable threshold can trigger the presumption. For example, 1.1 grams of ice instead of 1 gram changes the charge from simple possession to deemed supply.
Penalties – Simple Possession vs Deemed Supply
Simple Possession (s 10)
- Maximum penalty: 2 years imprisonment and/or $2,200 fine
- Typical first offence in Sydney Local Court: Section 10 non-conviction order or Conditional Release Order (no conviction). Fine $500–$1,500 for repeat matters.
Deemed Supply / Supply (trafficable quantity)
- Maximum penalty: 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 penalty: 14–25 years imprisonment depending on quantity and drug type
- Typical first offence: 3–7 years full-time (parole after 50–75%)
How to Rebut the Presumption of Supply
To successfully rebut the s 29 presumption, the accused must give evidence and satisfy the court on the balance of probabilities that the drugs were for personal use only. Common factors courts consider include:
- Long-standing addiction or heavy personal use supported by medical records or counselling notes
- Absence of supply indicia (no scales, no multiple phones, no large 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 daily consumption rate matching the amount found
The closer the quantity is to the lower end of the trafficable range, the easier it is to rebut. Courts are more willing to accept rebuttal when there is clear evidence of personal addiction and no evidence of commercial activity.
Defences & Mitigation Strategies That Frequently Succeed
- Rebutting the presumption — 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. 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.
Practical Steps If Charged with Deemed Supply
- 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.
- Begin rehabilitation early — attending MERIT, SMART Recovery or counselling helps rebut the supply presumption.
- Gather strong subjective material — employer letters, family affidavits, medical evidence of addiction.
Contact Nicopoulos Sabbagh Lawyers Today
A deemed supply charge does not have to end in a lengthy prison sentence or a permanent criminal record. 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 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 successful rebuttal of the supply presumption, a Section 10 dismissal, or a sentence that keeps you out of gaol.
Why Choose Nicopoulos Sabbagh Lawyers as Your Drink Driving Lawyer Sydney
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.