Supplying a prohibited drug in NSW is a very serious offence and can carry heavy penalties if convicted. The offence falls under section 25 of the Drug Misuse and Trafficking Act 1985 (NSW).

A prohibited drug includes MDMA/Ecstasy, Cocaine, Heroin, Methylamphetamine, Lysergic Acid and Amphetamine.

A prohibited plant includes cannabis plant, whether or not it is by enhanced indoor means or by any other means.

Streeton Lawyers Penalty Guide to Drug Supply Offences:

What amounts to supply?

Under section 3 of the DMTA, any of the following acts can constitute supply:

• Selling;
• Agreeing to supply;
• Offering to supply;
• Keeping or having in possession for supply;
• Sending, forwarding, delivering, or receiving for supply; and
• Authorising, directing, causing, suffering, permitting any of the above acts or things.

Deemed supply

If you are found in possession of a prohibited drug weighing an amount that falls in at least the ‘trafficable quantity’ for that drug and charged with supply, the law assumes or “deems” that you had it for the purposes of supplying.

This means that the mere weight cant be enough to prove you are guilty of supply, or ‘deemed supply’.

The table below sets out the applicable weight categories.

Drug quantity and weight categories for drug supply

Drug Quantity Categories for Drug Supply
Prohibited Plant/Drug	Small Quantity	Traffickable Quantity	Indictable Quantity	Commercial Quantity	Large Commercial Quantity
Amphetamine	1 g	3.0 g	5 g	250.0 g	1 kg
Cannabis Leaf	30 g	300 g	1000 g	25.0 g	100 g
Cannabis Oil	2 g	5 g	10 g	500.0 g	2 kg
Cannabis Resin	5 g	30 g	90 g	2.5 Kg	10 Kg
Cannabis Plant Cultivated by Enhanced Indoor	5	–	50	50	200
Cocaine	1 g	3 g	5 g	250.0 g	1 Kg
Heroin	1 g	3 g	5 g	250.0 g	1 Kg
Lysergic acid	0.0008 g	0.003 g	0.005 g	0.5 g	2 g
Methylamphetamine	1 g	3 g	5 g	250 g	1 Kg
MDMA/Ecstasy	0.25 g	0.75 g	1.25 g	125 g	500g

Note: There are increased penalties when the person to whom the drugs are supplied to is under 16.

What are the penalties for drug supply in NSW?

The penalty for supplying a prohibited drug will depend on a number of factors, including:

• The quantity of the drug;
• The level of sophistication as well as the period of supply;
• Whether there was any financial gain;
• If the supply involved a number of people, your role in the supply; and
• Whether the supply was isolated or part of an ongoing court of conduct.

Each offender will be sentenced in accordance with all their relevant circumstances including their remorse, prior record, and any evidence of rehabilitation.

For more information about drug supply offences, see our page on drug supply.

Are you charged with a drug supply offence? Get in contact with one of our criminal law specialists on (02) 9025 9888.

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