Drugs Supply Charges

Drug Supply Lawyers

The supply of prohibited drugs in New South Wales is regulated under section 25(1) of the Drug Misuse and Trafficking Act 1985 (NSW). Supply charges can range from relatively minor matters — such as giving a small amount of a drug to a friend — through to large-scale commercial supply. The potential penalties vary greatly depending on the type and quantity of the drug, as well as the circumstances of the alleged offence.

Even at the lower end of seriousness, a conviction for supply can have long-lasting consequences, including a criminal record, fines, and possible imprisonment. This is why it is essential to obtain legal advice as soon as possible. A specialist drug defence lawyer can examine the evidence, raise defences where available, and put forward persuasive arguments to achieve the best possible result.

At Lamont Law, we have extensive experience in drug supply matters of all levels. Our lawyers provide clear guidance, skilled representation, and a proven track record of securing favourable outcomes for our clients.

What law governs drug supply?

In New South Wales, all offences relating to the supply of prohibited drugs are criminalised under the Drug Misuse and Trafficking Act 1985 (NSW). This legislation sets out what conduct amounts to supply, the categories of prohibited drugs, and the penalties that may apply depending on the seriousness of the offence.

What does “supply” mean?

The term supply has a very broad definition under the Act. While it clearly covers the sale or distribution of drugs, it also extends to situations that may not traditionally be thought of as “dealing.” Importantly, the law includes within supply even the act of simply giving or providing a drug to another person, regardless of whether money changes hands.

A person can be guilty of supply if they:

  • Sell or distribute a drug

  • Agree or offer to supply a drug

  • Keep or possess a drug for the purpose of supply

  • Send, forward, deliver, or receive a drug for supply

  • Authorise, direct, permit, or attempt any of the above

What does “knowingly take part” mean?

The Act also captures people who knowingly take part in supply. This may include:

  • Participating in or causing any step of the supply process

  • Providing or arranging finance for the supply

  • Making premises available for any part of the supply process, or permitting supply to occur at premises they own, lease, or manage

This means you do not need to be the person physically handing over the drug to be guilty of supply — involvement at any stage may be enough.

What must the prosecution prove?

For a supply charge to succeed, the prosecution must prove beyond reasonable doubt that:

  1. The accused supplied a substance

  2. The substance was a prohibited drug

  3. The accused knew that what was supplied was a prohibited drug

If any of these elements cannot be proved, the charge should fail.

What is a prohibited drug?

The Act defines prohibited drug as any substance listed in Schedule 1. Common examples include:

  • Cannabis

  • Cocaine

  • Heroin

  • Ecstasy (MDMA)

  • Amphetamines and methamphetamines

  • LSD

  • Methadone

There are also many other less common substances included in the Schedule.

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