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

This is due to what’s 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 drugs that is equal to or greater than the “traffickable quantity” for that drug, the law presumes you are in possession for the purpose of supply unless:

• You can demonstrate that the drugs were for personal use only (not for supply):
• That the drugs were lawfully obtained, however, this only relates to certain types of drugs.

If you cannot successfully show one of these exceptions applies, you can be charged with supply, even if there is no evidence you physically handed the drugs to someone.

What is a traffickable quantity?

A traffickable quantity is a set amount defined by law for each type of prohibited drug. These amounts are listed in Schedule 1 of the Act. For example, the traffickable quantities for cocaine and heroin are enlivened at 3 grams.

Why this matters?

Drug supply charges carry serious penalties in NSW, including potential prison sentences. The fact that police do not need to prove you actually supplied the drugs means these charges can arise unexpectedly for people who believe they were only committing a possession offence.

What to do if you’ve been charged:

If you have been charged under the deeming provisions:

• Seek legal advice immediately.
• Our lawyers can assess whether you have a viable defence, such as proving the drugs were for personal use only.
• Do not answer police questions about the drugs without first speaking to a lawyer.

For legal advice and representation for drug possession, supply and related charges, see our Drug Offences service page or contact ED Legal.

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