Deemed Supply
Caught With
a Trafficable Quantity?
You Could Be Charged With Deemed Drug Supply
Deemed supply is a serious criminal charge. If you are caught with a "trafficable quantity" of illegal drugs, the law automatically assumes you're supplying the drugs, even if there's no proof of you selling or sharing them.
Key Points to Understand:
- Automatic Presumption of Supply: Possessing a trafficable quantity of illegal drugs is enough to assume you are supplying.
- No Need to Be Caught in the Act: You don’t need to be caught selling or giving drugs to be charged.
- Applies to Various Drugs: This applies to drugs like MDMA, heroin, cocaine, and methamphetamines.
If you’re facing a deemed supply charge, Brightstone Defence Criminal Lawyers can help. With extensive experience defending drug charges, we will explore every possible defence to protect your future.
Deemed supply is when you're caught with a certain quantity of illegal drugs, and the law automatically assumes you're supplying, even if there's no direct proof of you selling or giving it to anyone.
This rule exists under the Drug Misuse and Trafficking Act 1985 (NSW) and applies once you’re found with what’s called a "trafficable quantity" of a prohibited drug. You don’t need to be caught in the act of supplying, just having enough can be enough.
Elements the Prosecution Must Prove
To charge you under deemed supply, prosecutors must show:
- You were in possession of a prohibited drug
- The amount was equal to or greater than the trafficable quantity
They don’t need to prove actual supply, just that you had or were in possession and the quantity.
Possible Defences
If you’re charged with deemed supply, you can challenge it by proving:
- The drugs were for personal use only (not for supply)
- You didn’t know the drugs were there
- You were forced or pressured to hold the drugs (duress)
- You didn’t possess the drugs at all (e.g. they weren’t yours or were planted)
To fight a deemed supply charge, you’ll usually need to show solid evidence, like messages, witness statements, or drug use history.
Potential Penalties
Penalties for deemed supply are the same as regular drug supply charges, and they depend on the type and amount of drug involved:
- Up to 15–20 years imprisonment
- Fines up to $220,000
- Life imprisonment for large commercial quantities
- Permanent criminal record, which can affect travel, education, and employment
Even if you didn’t plan to supply, being found with enough drugs can put you in serious legal danger.
Legal Process
& Options
Once charged, your case will be listed before a court. Bail may be determined early. Your lawyer will examine the evidence and advise on the best course of action, including whether to contest the charge or enter a plea.
Pleading
Not Guilty
Brightstone Defence will develop a tailored strategy to defend your case, which may involve:
- Proving the drugs were for personal use, not supply
- Showing you were unaware of the drugs
- Arguing duress or mistaken identity
- Challenging any procedural flaws in the case
We will thoroughly examine all evidence, challenge the prosecution's case, and pursue the best possible outcome on your behalf.
Pleading
Guilty
Your matter will proceed directly to sentencing. Entering an early guilty plea may:
- Reduce legal costs and penalties
- Show remorse, potentially leading to a more lenient sentence
- Increase your chances of receiving a Section 10 dismissal or Conditional Release Order (CRO), helping you avoid a criminal record
Before pleading guilty, speak with one of our experienced criminal lawyers to fully understand your legal options and the potential consequences.
Legally, manufacturing a prohibited drug typically refers to being included in the production. This could include, for example:
- Going to a friend’s house and helping him operate a pill press
- Buying an at-home kit and making your own MDMA at home
No, it can also include any steps that are part of the production process, such as:
- Mixing precursors
- Assembling lab equipment
- Preparing ingredients with the intent to manufacture a prohibited substance
No, even on a small scale it is illegal. It is a criminal offence under section 24(1) of the Drug Misuse and Trafficking Act 1985 (NSW) regardless of the scale or quantity.
Absolutely. Prosecutors need to prove there was intent to produce a prohibited drug. Mere possession of certain chemicals or tools without intent may not meet the legal definition of manufacturing. However, it is essential to have strong legal support to help differentiate your involvement.
Precursor substances are materials used to make prohibited drugs in NSW.
NSW law restricts unauthorised possession of certain precursors, such as pseudoephedrine, if intended for drug manufacturing.
- Supply involves evidence of distribution or the intent to distribute a prohibited drug
- Deemed supply applies when someone is found with more than the trafficable quantity
- In such cases, the law presumes intent to supply, even without direct proof
Intent to supply may be inferred from evidence such as:
- Text messages arranging deals
- Possession of sealable bags or scales
- Large amounts of unexplained cash
- Being in a known drug distribution area
Yes. Under section 29 of the Drug Misuse and Trafficking Act 1985, if you are found with more than the trafficable quantity, the law presumes intent to supply unless proven otherwise.
Yes. For small amounts (15 to 30 grams of dried cannabis), NSW Police may issue a Cannabis Caution.
The Cannabis Cautioning Scheme:
- Has been in place since 2000
- Is operated by the NSW Police Force
- Was developed after the 1999 NSW Drug Summit
Police have discretion to issue a caution, encouraging legal awareness and health support.
For more serious offences, seek legal advice immediately.
Courts consider factors such as:
- Circumstances of the offence
- Offender’s criminal history and character
- Mitigating factors (section 21A of the Crimes (Sentencing Procedure) Act 1999)
It is rare for a first-time offender to be imprisoned. Alternative sentencing may include:
- Fines
- Community release orders
- Community corrections orders
First-time offenders may avoid conviction by:
- Participating in drug court programs
- Pursuing rehabilitation
- Securing a section 10
- Submitting an apology letter
- Providing character references
- Supply involves evidence of distribution or the intent to distribute a prohibited drug
- Deemed supply applies when someone is found with more than the trafficable quantity
- In such cases, the law presumes intent to supply, even without direct proof
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