Charged With a Drug Offence in NSW?
An overview of drug possession and supply charges under the Drug Misuse and Trafficking Act 1985 (NSW), and how the two are distinguished.
Possession vs Supply
Two very different charges
Drug offences in NSW fall into two broad categories under the Drug Misuse and Trafficking Act 1985: possession, which covers having a prohibited drug in your custody or control for your own purposes, and supply, which covers providing, distributing, or intending to provide a drug to someone else. The quantity found, how it was packaged, and other surrounding evidence often determine which charge is laid, particularly where "deemed supply" is in issue for a larger quantity.
The two charges carry very different maximum penalties and are defended differently. The pages below cover possession and supply in full detail, including elements, defences, Court process and sentencing.
Penalties
What you could be facing
| Penalty | Maximum | Notes |
|---|---|---|
| Drug Possession (s10 Drug Misuse and Trafficking Act 1985) | 2 years imprisonment and/or a fine of 20 penalty units ($2,200) | Covers having a prohibited drug in your custody or control. See the Drug Possession page for diversion options and defences. |
| Supply, not exceeding indictable quantity (s25 Drug Misuse and Trafficking Act 1985) | Up to 15 years imprisonment (District Court, on indictment) | Can often be dealt with in the Local Court where the quantity is small. See the Supply Prohibited Drugs page for full detail. |
| Supply, commercial quantity (s25 Drug Misuse and Trafficking Act 1985) | Up to 20 years imprisonment | Applies once the quantity reaches the commercial threshold set for that drug in Schedule 1. |
| Supply, large commercial quantity (s25 Drug Misuse and Trafficking Act 1985) | Life imprisonment | The most serious supply tier, reserved for the largest quantities. |
Defences
Common defences
Lack of knowledge, absence of custody or control, and challenges to the lawfulness of a search under the Law Enforcement (Powers and Responsibilities) Act 2002 are among the defences most commonly raised in drug matters. Where deemed supply is alleged, rebutting the presumption that a quantity was held for supply rather than personal use is often central. See the relevant offence page below for the defences that apply to your specific matter.
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