A drug supply charge in NSW can change your life in an instant. Whether police allege you sold, shared, or even possessed a quantity above the trafficable threshold, the stakes are high. Supply charges carry maximum penalties of 10 to 25 years’ imprisonment depending on the drug and quantity, and they almost always result in a criminal record unless a strong defence or Section 10 application succeeds.
At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, our criminal lawyers in Sydney defend drug supply charges every week in the Downing Centre, Parramatta, Blacktown, Burwood, Liverpool, Campbelltown, Sutherland and Penrith Local Courts, as well as the District Court. We have successfully rebutted the presumption of supply, had charges downgraded or withdrawn, and secured Section 10 non-conviction orders in numerous cases. This guide explains drug supply laws in NSW, current penalties, quantity thresholds, the strongest defences, and practical steps to fight your charge.
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 Offence of Drug Supply in NSW
Drug supply is governed by the Drug Misuse and Trafficking Act 1985 (NSW). Supply includes selling, distributing, giving away, or even offering to supply a prohibited drug. The most common way supply charges arise is through the deemed supply presumption under s 29.
If you are found in possession of a quantity at or above the trafficable threshold for that drug, the law presumes you possessed it for the purpose of supply. You must then prove, on the balance of probabilities, that the drugs were solely for personal use.
Current Quantity Thresholds (2026)
- Cannabis: Trafficable quantity starts at 25 grams.
- Methamphetamine (ice): Trafficable at 1 gram.
- Cocaine: Trafficable at 1 gram.
- MDMA (ecstasy): Trafficable at 1 gram.
- Heroin: Trafficable at 1 gram.
Even slightly exceeding these thresholds can trigger the presumption. Courts also consider packaging, scales, multiple phones, cash, and text messages when deciding supply intent.
Penalties for Drug Supply Charges NSW
Trafficable Quantity Supply
Maximum: 10 years imprisonment (District Court).
Typical first offence: 12–24 months intensive correction order or community correction order.
Repeat offences: 2–4 years full-time imprisonment more common.
Commercial Quantity Supply
Maximum: 15 years imprisonment and/or heavy fines.
Typical sentence: 3–7 years full-time.
Large Commercial Quantity
Maximum: 20–25 years imprisonment.
Very serious, with long non-parole periods.
Sentencing considers objective seriousness (quantity, purity, role) and subjective factors (remorse, rehabilitation, hardship, first offence).
Common Defences Against Drug Supply Charges
- Rebutting the Presumption of Supply (s 29)
The most common and effective strategy. Provide evidence of personal use only: addiction history, daily consumption rate, absence of supply indicia (no scales, no multiple phones, no large cash), and expert toxicologist or addiction medicine reports. Success is higher when the quantity is only slightly above the threshold. - Unlawful Search or Seizure
Evidence excluded under s 138 Evidence Act 1995 if police breached LEPRA (no reasonable suspicion for search, unlawful arrest). This defence has led to the withdrawal or dismissal of many supply cases. - Lack of Knowledge or Control
The drugs belonged to someone else or you had no effective control over them (shared house or borrowed car).
Practical Steps If Charged With Drug Supply
- Exercise your right to silence immediately — do not answer questions without a lawyer.
- Contact an experienced drug supply lawyer urgently.
- Complete relevant programs early (MERIT or SMART Recovery).
- Gather strong subjective material (employer letters, medical evidence of addiction, character references).
- Prepare for a Section 10 application or technical defence from the first mention.
Why Choose Nicopoulos Sabbagh Lawyers as Your Drug Supply Lawyer in Sydney
When facing drug supply charges, you need a lawyer who knows Sydney courts intimately. Our firm offers daily appearances, high success rates in rebutting the presumption and securing Section 10 outcomes, 24/7 urgent support, and personalised strategies tailored to your situation. We know exactly what each magistrate looks for in drug supply matters.
Contact Us Today
A drug 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 how to fight drug supply charges in 2026. Let one of Sydney’s most experienced criminal law firms protect your future.
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Ethical Note: This article provides general information on traffic offences and legal options in NSW and does not guarantee specific outcomes. Results depend on individual circumstances. Always obtain personalised legal advice from a qualified professional. For expert assistance, contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au.
Why Choose Nicopoulos Sabbagh Lawyers Criminal Lawyers & Traffic Lawyers YOUR Leading Sydney Criminal Defence & Traffic Lawyers to represent you in your Traffic Law Matter?
Nicopoulos Sabbagh Lawyers are the leading Law firm in Traffic Law matters as our office appears at ALL Courts in NSW on a regular basis in ALL Traffic Law matters. No matter is too complex for Nicopoulos Sabbagh lawyers, your Traffic Sydney Lawyers, so be sure to book your first Free Consultation today!
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 17th June 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.