Picture this scenario; A police officer finds a small bag of cannabis or a few grams of methamphetamine in your car or home. Suddenly you are facing criminal charges that could range from a simple fine to many years in prison. The critical question is whether the charge is simple possession or supply — two very different offences with dramatically different consequences.
Many people charged with drug offences in Sydney do not understand the legal line between possession and supply. Crossing that line — even by a few grams — can turn a matter that might have ended with a Section 10 non-conviction order into a serious supply charge carrying a maximum penalty of 10 to 25 years imprisonment.
At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, our criminal lawyers in Sydney have defended thousands of drug matters in the Downing Centre, Parramatta, Blacktown, Burwood, Liverpool, Campbelltown and other Local Courts, as well as the District Court. We regularly secure Section 10 dismissals for simple possession cases and successfully rebut the presumption of supply in trafficable quantity matters. This detailed 2026 guide explains the legal differences between drug possession and drug supply in NSW, the current thresholds and penalties, how police decide what to charge, the most effective defences, and realistic outcomes in Sydney courts. As one of Sydney’s most experienced criminal law firms, we’re here to give you clear, accurate information so you know exactly what you are facing and how to protect yourself.
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.
The Core Legal Difference – Possession vs Supply
Drug Possession is defined 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. No intention to sell or share is required — personal use is sufficient.
Drug Supply is defined in s 3 of the same Act as including selling, distributing, giving away, or even offering to supply a prohibited drug. Importantly, the Act creates a deemed supply presumption in s 29: if the quantity of the drug found exceeds the trafficable quantity, the person is presumed to have the drug for the purpose of supply unless they prove otherwise on the balance of probabilities.
This presumption is one of the most important distinctions in NSW drug law. It shifts the burden to the accused to show the drugs were for personal use only.
Current Quantity Thresholds (2026)
The Drug Misuse and Trafficking Act lists specific trafficable, indictable and commercial quantities for each drug. The most common ones in Sydney practice are:
Cannabis
Small quantity: up to 25 g (simple possession)
Trafficable quantity: 25 g – 300 g (deemed supply)
Indictable quantity: over 300 g (supply)
Methamphetamine (Ice)
Small quantity: up to 1 g (simple possession)
Trafficable quantity: 1 g – 5 g (deemed supply)
Indictable quantity: over 5 g (supply)
Cocaine
Small quantity: up to 1 g
Trafficable quantity: 1 g – 5 g
Indictable quantity: over 5 g
MDMA (Ecstasy)
Small quantity: up to 1 g
Trafficable quantity: 1 g – 5 g
Indictable quantity: over 5 g
Heroin
Small quantity: up to 1 g
Trafficable quantity: 1 g – 5 g
Indictable quantity: over 5 g
Once the quantity exceeds the trafficable threshold, the prosecution does not have to prove intent to supply — the law presumes it. The accused must give evidence (usually by going into the witness box) to rebut the presumption on the balance of probabilities. Factors that help rebut include:
No scales, no multiple phones, no large amounts of cash
Evidence of personal addiction and daily use
No text messages or communications consistent with supply
Expert toxicologist or addiction medicine evidence
Penalties – Simple Possession vs Supply
Simple Possession (s 10)
Maximum penalty: 2 years imprisonment and/or $2,200 fine
Typical first offence outcome in Sydney Local Court:
Section 10 dismissal or Conditional Release Order (no conviction)
Fine $500–$1,500 + CRO for second offences
Deemed Supply / Supply (trafficable quantity)
Maximum penalty: 10 years imprisonment (District Court)
Typical first offence outcome: 12–24 months intensive correction order or community correction order
Typical second offence: 2–4 years full-time imprisonment
Large Commercial / 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 Police Decide What to Charge
Police and the ODPP look at quantity and surrounding circumstances:
Small quantity + personal use paraphernalia (pipes, papers) → simple possession
Trafficable quantity + scales, multiple phones, large cash, text messages suggesting deals → supply
Packaging in small deals (e.g. multiple small bags) strongly suggests supply
Body-worn footage, text messages, and the accused’s interview statements are often decisive.
COMMON DEFENCES
Rebutting the presumption of supply (s 29)
The accused gives evidence that the drugs were for personal use only. Success depends on credible testimony and supporting evidence (addiction history, no supply indicia).
Lack of knowledge
The accused did not know the drug was there (e.g. borrowed car, shared house). Requires credible explanation.
Unlawful search
Evidence excluded under s 138 Evidence Act 1995 if police breached LEPRA (no reasonable suspicion for search, unlawful arrest). This is one of the most powerful defences — we have had entire supply cases collapse on this ground.
Section 10 non-conviction order
Even if guilty, court can dismiss without conviction. Very strong for small personal-use quantities with good subjective case (first offence, employment, family hardship, completed rehabilitation program).
Practical Steps If Charged with Drug Possession or Supply
Exercise your right to silence — do not answer questions about the drugs until you have spoken to a lawyer.
Contact a lawyer immediately — before any interview or court appearance.
Do not consent to further searches without legal advice.
Start rehabilitation early — MERIT, SMART Recovery, counselling shows remorse.
Gather strong subjective material — employer letters, family affidavits, medical evidence of addiction.
Contact Nicopoulos Sabbagh Lawyers Today
A drug possession or supply charge does not have to ruin 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 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 reduced charge, 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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GOING TO COURT?
It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court.
Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact your Sydney Lawyers, Nicopoulos Sabbagh Lawyers.
*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.
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