A small bag of cannabis found in your pocket during a routine traffic stop, a few grams of methamphetamine discovered in your car, or a larger quantity located in your home after a search warrant can instantly change your life. In New South Wales, the distinction between simple drug possession and deemed supply is one of the most critical in the entire criminal justice system. A few extra grams can push a matter from a potential Section 10 non-conviction order (no criminal record, no fine, no disqualification) into a serious supply charge carrying a maximum penalty of 10 years imprisonment.
At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, our criminal lawyers in Sydney defend drug possession and deemed supply matters every week in the Downing Centre, Parramatta, Blacktown, Burwood, Liverpool, Campbelltown, Sutherland and Penrith Local Courts, as well as the District Court. We have secured Section 10 dismissals, successfully rebutted the presumption of supply, and achieved substantial sentence reductions in thousands of cases. This detailed 2026 guide explains the offence of drug possession in NSW, the current quantity thresholds that trigger deemed supply, the dramatically different penalties, the most effective defences, and practical steps to protect your record and your future. As one of Sydney’s most experienced criminal law firms specialising in criminal and traffic matters, we’re here to give you clear, accurate information so you know exactly what you are facing 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.
The Legal Definition of Drug Possession in NSW
The base offence is contained in Section 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. The three elements the prosecution must prove beyond reasonable doubt are:
- The substance is a prohibited drug — confirmed by a Government Analyst certificate.
- The accused had custody or control of the drug (it was in their pocket, bag, car, house, or they had effective control over it).
- The accused knew (or was reckless as to the fact) that the substance was a prohibited drug.
Knowledge is the most frequently contested element. If the accused genuinely did not know the drug was there (e.g. borrowed car, shared house, planted item), the charge fails.
Quantity Thresholds – The Line Between Possession and Deemed Supply
Quantity is the single most important factor after the fact of possession itself. The Drug Misuse and Trafficking Act 1985 sets specific thresholds for each prohibited drug. When the quantity exceeds the trafficable quantity, the law creates a deemed supply presumption under s 29: the person is presumed to have possessed the drug for the purpose of supply unless they prove otherwise on the balance of probabilities.
Current quantity thresholds (unchanged in the 2026 indexing cycle):
- Cannabis
- Small quantity: up to 25 g (simple possession)
- Trafficable quantity: 25 g – 300 g (deemed supply)
- Indictable quantity: over 300 g (supply charge)
- Methamphetamine (ice)
- Small quantity: up to 1 g (simple possession)
- Trafficable quantity: 1 g – 5 g (deemed supply)
- Indictable quantity: over 5 g (supply charge)
- 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
When the quantity is below the trafficable threshold, the charge remains simple possession. Once it crosses the trafficable threshold, the prosecution does not have to prove intent to supply — the law presumes it. The accused must give evidence (usually by entering the witness box) to rebut the presumption on the balance of probabilities. Factors that help rebut include personal use history, absence of scales or multiple phones, and expert evidence of addiction.
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 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: 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%)
Courts weigh objective seriousness (quantity, purity, role) against subjective factors (age, addiction, rehabilitation, family hardship, employment).
Common Defences
- Lack of knowledge
The accused did not know the drug was there or did not know it was prohibited. Requires credible explanation and supporting evidence. - No possession or control
The drug belonged to another occupant or was found in a communal area over which the accused had no effective control. - 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. - Rebutting the presumption of supply (s 29)
The accused gives evidence that the drugs were for personal use only. Success depends on credible testimony, addiction history, and absence of supply indicia. - Section 10 non-conviction order
Even if guilty, the 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 Deemed 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 deemed 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 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 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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*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.