A small bag of cannabis, a few grams of ice, or several MDMA tablets found during a Sydney traffic stop or home search can quickly escalate from simple possession to a deemed supply charge. Under NSW law, once the quantity crosses a specific trafficable threshold, the prosecution no longer needs to prove you intended to sell or share the drugs — the law presumes it. This reverse onus can turn a minor matter into a serious criminal charge carrying up to 10 years imprisonment.
At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, our criminal lawyers in Sydney have successfully rebutted the presumption of supply in hundreds of cases, secured Section 10 non-conviction orders, and had charges withdrawn or downgraded. We appear daily in the Downing Centre, Parramatta, Blacktown, Burwood, Liverpool, Campbelltown, Sutherland and Penrith Local Courts. This guide explains deemed supply laws in NSW, the current quantity thresholds, how the presumption works, strong rebuttal strategies, and why early representation from an experienced deemed supply lawyer in Sydney can protect your future.
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 under s 10 of the Drug Misuse and Trafficking Act 1985 (NSW). It is committed when you knowingly have a prohibited drug in your custody or control.
Section 29 creates the deemed supply presumption:
If you are in possession of a quantity at or above the trafficable threshold for that drug, you are presumed to have the drug for the purpose of supply. You must then prove, on the balance of probabilities, that the drugs were solely for personal use.
This shifts the burden to the accused. The prosecution only needs to prove possession and quantity — you must give evidence (usually entering the witness box) to rebut the presumption.
Current Quantity Thresholds (2026)
The thresholds are set out in Schedule 1 of the Act:
- Cannabis: Small quantity up to 25 g (simple possession). Trafficable: 25 g – 300 g (deemed supply).
- Methamphetamine (ice): Small quantity up to 1 g. Trafficable: 1 g – 5 g.
- Cocaine: Small quantity up to 1 g. Trafficable: 1 g – 5 g.
- MDMA (ecstasy): Small quantity up to 1 g. Trafficable: 1 g – 5 g.
- Heroin: Small quantity up to 1 g. Trafficable: 1 g – 5 g.
Even slightly exceeding the trafficable amount triggers the presumption. Courts consider the exact quantity, packaging, and surrounding circumstances (scales, multiple phones, cash) when deciding whether supply is likely.
Penalties – Simple Possession vs Deemed Supply
Simple Possession (below trafficable quantity)
Maximum: 2 years imprisonment and/or $2,200 fine.
Typical first offence: Section 10 dismissal or Conditional Release Order with small fine.
Deemed Supply (trafficable quantity)
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 and large commercial quantities carry 14–25 years maximum.
How To Successfully Rebut The Presumption
To rebut s 29, you must satisfy the court on the balance of probabilities that the drugs were for personal use. Strong evidence includes:
- Long-standing addiction history supported by medical or counselling records.
- Daily consumption rate consistent with the amount found.
- Absence of supply indicia (no scales, no multiple phones, no large cash, no small deal packaging).
- Text messages or communications showing personal use.
- Expert evidence from a toxicologist or addiction specialist.
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 heavy personal use and no commercial indicators.
Other Powerful Defences
- Unlawful Search — Evidence excluded under s 138 Evidence Act 1995 if police breached LEPRA (no reasonable suspicion, unlawful stop or arrest). This defence has led to many deemed supply cases collapsing.
- Lack of Knowledge or Control — The drugs belonged to someone else or you had no effective control.
- Section 10 Non-Conviction Order — Even if the presumption is not fully rebutted, courts can dismiss without conviction in lower-end cases with strong subjective factors (first offence, employment, family hardship, completed rehabilitation).
Practical Steps If Charged With Deemed Supply
- Exercise your right to silence immediately — do not answer questions without a lawyer.
- Contact an experienced deemed 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.
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.
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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.
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*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.