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Charged with Drug Supply in NSW?
Drug supply is a serious criminal offence under section 25 of the Drug Misuse and Trafficking Act 1985 (NSW). Penalties range from 2 years in the Local Court to life imprisonment for large commercial quantities. The definition of “supply” under the Act is extremely broad and extends well beyond simply selling drugs.
If you have been charged with drug supply, contact Blackridge Law immediately on 02 9159 9010 for a free consultation.
What Constitutes “Supply”?
Under section 3 of the Act, “supply” is defined broadly to include selling, distributing, agreeing to supply, offering to supply, keeping or having in possession for supply, sending, forwarding, delivering, or receiving for supply, or authorising, directing, causing, suffering, permitting, or attempting any of those acts.
This means you can be charged with drug supply even if you did not personally hand drugs to anyone. Simply agreeing to supply, offering to supply, or holding drugs with the intention of giving them to someone else is sufficient.
Penalties for Drug Supply
| Quantity | Max Penalty (Non-Cannabis) | Max Penalty (Cannabis) |
|---|---|---|
| Less than indictable qty | 15 years / $220,000 | 10 years / $220,000 |
| Commercial quantity | 20 years / $385,000 | 15 years / $385,000 |
| Large commercial quantity | Life / $550,000 | 20 years / $550,000 |
| Supply to child under 16 | Penalty increased by 1/5 | Penalty increased by 1/5 |
| Local Court (any supply) | 2 years / $11,000 | 2 years / $11,000 |
Elements of Drug Supply
- The substance is a prohibited drug under Schedule 1 of the Act
- You supplied, or knowingly took part in the supply of, the prohibited drug
- You knew the substance was a prohibited drug
Defences to Drug Supply
- No Knowledge: You did not know the substance was a prohibited drug
- No Supply: Your conduct does not fall within the broad definition of “supply” under the Act
- Carey Defence: You were merely holding the drugs for someone else with the intention of returning them — not for the purpose of supply (R v Carey (1990))
- Duress: You were forced or threatened into supplying the drug
- Unlawful Search: The evidence was obtained through an unlawful search and should be excluded
- Agent of the Buyer: In some cases, where a person acts solely as an agent of the buyer (not the supplier), they may not be guilty of supply
How Blackridge Law Can Help
Drug supply charges require immediate, experienced legal representation. Our lawyers carefully analyse the prosecution evidence, challenge the quantity and classification of the drug, assess the legality of police searches and surveillance, and build a strong defence. In appropriate cases, we negotiate with the prosecution to have supply charges downgraded to possession.
Speak with a lawyer
Charged with 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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