Why have I been charged with drug supply when I wasn’t caught supplying?

This is due to what is known as the “deeming provisions” under section 29 of the Drug Misuse and Trafficking Act 1985 (NSW).

The deeming provisions explained

Under section 29, if you are found with a quantity of a prohibited drug that is equal to or greater than the traffickable quantity for that drug, the law may presume that you possessed it for the purpose of supply unless:

• You establish that the drugs were for personal use only and not for supply.
• The drugs were lawfully obtained, where that exception is available.

If an exception is not established, a person can be charged with supply even where there is no evidence that the drugs were physically handed or sold to someone else.

What is a traffickable quantity?

A traffickable quantity is a prescribed amount for each prohibited drug. The relevant quantities are listed in Schedule 1 to the Act.

Why this matters

Drug supply charges carry serious penalties in NSW, including possible imprisonment. Because the prosecution may rely on the deeming provision, a supply charge can arise even where a person believed the allegation would be treated only as possession.

What to do if you have been charged

• Seek legal advice before entering a plea or participating in a police interview.
• Have the alleged weight, analysis certificate and police material reviewed.
• Consider whether the evidence supports personal use rather than supply.

For advice and representation on a deemed supply allegation, see our Drug Supply service page. For possession and other drug charges, see our Drug Offences page or contact ED Legal.

This article provides general information only and is not legal advice.