02 9159 9010
Charged with Deemed Supply?
Under section 29 of the Drug Misuse and Trafficking Act 1985 (NSW), if you are found in possession of a prohibited drug in an amount equal to or greater than the trafficable quantity, you are automatically “deemed” to have the drug in your possession for the purpose of supply — even if you had no intention of supplying it to anyone.
This is one of the most important and frequently misunderstood provisions in NSW drug law. The effect is that the onus shifts to you to prove, on the balance of probabilities, that you had the drug for a purpose other than supply (such as personal use). If you cannot prove this, you will be convicted of drug supply, which carries the same penalties as actual supply.
If you have been charged with deemed supply, contact Blackridge Law on 02 9159 9010 for a free consultation.
How Deemed Supply Works
The prosecution only needs to prove two things beyond reasonable doubt:
- You had possession of a prohibited drug
- The quantity was equal to or greater than the trafficable quantity for that drug
Once these two elements are proven, you are deemed to possess the drug for supply. The burden then shifts to you to prove otherwise. This is known as a “reverse onus” provision.
Key Trafficable Quantities
| Drug | Trafficable Quantity |
|---|---|
| Cannabis Leaf | 300g |
| Cocaine | 3g |
| Methylamphetamine (Ice) | 3g |
| MDMA (Ecstasy) | 1.25g |
| Heroin | 3g |
Defences to Deemed Supply
- Personal Use: The most common defence. You must prove on the balance of probabilities that you possessed the drug for personal consumption, not for supply. Supporting evidence may include your pattern of drug use, financial records, and the absence of supply paraphernalia
- Carey Defence: You were temporarily holding the drugs for the owner with the intention of returning them, not for the purpose of supply (R v Carey (1990))
- Challenging the Quantity: The forensic analysis of the drug quantity is incorrect, or the chain of custody has been compromised
- Unlawful Search: The drugs were found as a result of an unlawful search
- No Possession: You did not have knowledge, custody, or control of the drug
How Blackridge Law Can Help
Deemed supply charges carry the same penalties as actual supply, making expert legal representation essential. Our lawyers have extensive experience running the personal use defence, the Carey defence, and challenging forensic evidence and police procedures. We work to have charges downgraded from supply to possession wherever possible.
Speak with a lawyer
Charged with deemed drug supply? Call Blackridge Law now.
Suite 36, Level 4, 402-410 Chapel Rd, Bankstown NSW 2200
Free consultation | Fixed fees | Available 24/7
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