Drug Supply Lawyer Parramatta, Sydney & NSW - Deemed Supply Defence
Charged with drug supply or deemed supply in Parramatta, Sydney, or anywhere in NSW? Drug supply is one of the most serious criminal offences in NSW, carrying maximum penalties ranging from 15 years to life imprisonment depending on the drug type and quantity. Unlike simple drug possession, a drug supply conviction almost always results in imprisonment unless you have exceptional circumstances and expert legal representation.
At Barsha Defence Lawyers, we have offices in Parramatta (5 minute walk to Parramatta District Court) and Norwest (serving Castle Hill and the Hills District). We regularly defend drug supply charges in Parramatta District Court, Sydney Downing Centre District Court, and courts across NSW. Our experienced criminal defence team understands the complexities of deemed supply, trafficable quantities, and how to challenge the prosecution's case.
What Is Drug Supply in NSW?
Drug supply is an offence under section 25 of the Drug Misuse and Trafficking Act 1985 (NSW). You are guilty of drug supply if you supply, or knowingly take part in the supply of, a prohibited drug.
The definition of "supply" under NSW law is extremely broad and includes:
- Selling drugs for money or other consideration
- Giving or sharing drugs with another person (including "social supply" to friends)
- Distributing drugs to others
- Agreeing to supply drugs (even if supply never actually occurs)
- Offering to supply drugs
- Possessing drugs for supply (intent to supply in the future)
- Sending, forwarding, or delivering drugs
- Receiving drugs for supply to others
- Authorizing, directing, causing, or allowing any of the above acts
- Attempting any of the above acts
Critical: "Social Supply" Is Still Drug Supply
Many people don't realize that giving or sharing drugs with friends for free is still drug supply under NSW law. You don't need to receive money — simply handing a joint to a friend or sharing MDMA at a party constitutes drug supply and carries the same serious penalties as selling drugs.
Deemed Supply - Trafficable Quantities NSW
One of the most common ways people get charged with drug supply in Parramatta, Sydney, and NSW is through "deemed supply". This means if you possess more than the "trafficable quantity" of a drug, the law presumes you intended to supply it — even if the drugs were actually for your personal use.
Trafficable Quantities for Common Drugs in NSW:
| Drug Type | Trafficable Quantity | What It Means |
|---|---|---|
| Cannabis (leaf) | 300 grams | Possession of 300g+ triggers deemed supply |
| Cannabis (hydroponic) | 30 grams | Much lower threshold for hydro cannabis |
| Cannabis (resin/hash) | 100 grams | Hash has different quantity threshold |
| Cocaine | 3 grams | Very low threshold (less than $1,000 street value) |
| Methamphetamine (ice) | 3 grams | About 1/10th of an ounce triggers supply charge |
| MDMA / Ecstasy | 0.75 grams | Less than 1 gram (about 3-4 pills) |
| Heroin | 3 grams | Very small amount triggers supply presumption |
Important: If you're caught with trafficable quantities, you're presumed to be a drug supplier unless you can prove the drugs were solely for personal use. This requires expert legal representation from an experienced Parramatta or Sydney drug supply lawyer.
Drug Supply Penalties NSW - Maximum Jail Time & Fines
Drug supply penalties in NSW depend on the quantity and type of drug involved:
| Quantity Category | Maximum Penalty (Most Drugs) | Maximum Penalty (Cannabis) |
|---|---|---|
| Small Quantity | $5,500 fine and/or 2 years jail | $5,500 fine and/or 2 years jail |
| Trafficable Quantity | $11,000 fine and/or 15 years jail | $11,000 fine and/or 10 years jail |
| Indictable Quantity | $220,000 fine and/or 15 years jail | $220,000 fine and/or 10 years jail |
| Commercial Quantity | $385,000 fine and/or 20 years jail | $220,000 fine and/or 15 years jail |
| Large Commercial Quantity | $550,000 fine and/or life imprisonment | $385,000 fine and/or 20 years jail |
Drug Supply Almost Always Means Imprisonment
Unlike drug possession charges where Section 10 dismissals are common for first offenders, drug supply charges almost always result in imprisonment — even for first-time offenders — unless you have exceptional circumstances, strong legal representation, and can prove personal use for deemed supply cases.
What Must the Prosecution Prove for Drug Supply?
For drug supply charges at Parramatta District Court, Sydney Downing Centre, or any NSW court, the prosecution must prove beyond reasonable doubt:
- You supplied a prohibited drug OR knowingly took part in the supply
- The substance was a prohibited drug (proven through forensic certificate)
- You intended to supply OR were reckless about whether supply would occur
- You did not have lawful authority (such as being a licensed pharmacist)
Defences to Drug Supply Charges NSW
There are several legitimate defences to drug supply charges that an experienced Parramatta or Sydney drug supply lawyer can raise:
1. Deemed Supply - Personal Use Defence
If charged with deemed supply (possessing trafficable quantity), you can defend the charge by proving the drugs were solely for your personal use, not for supply. This requires:
- Expert evidence about your drug use history and tolerance
- Medical records showing drug dependency or addiction
- Absence of supply indicators (scales, packaging, tick lists, multiple phones)
- Evidence you're a heavy user requiring large quantities
2. Lack of Knowledge
You were not aware drugs were being supplied or that you were involved in supply.
3. Duress
You were forced or threatened to supply drugs due to serious threats to your safety.
4. Lack of Participation
You were present but did not actually supply or knowingly participate in the supply.
5. Unlawful Search and Seizure
Police conducted illegal search without warrant or proper grounds — evidence may be excluded.
Which Court Hears Drug Supply Charges in Parramatta & Sydney?
The court depends on the quantity:
- Local Court: Small quantity and trafficable quantity (unless elected to District Court)
- District Court: Indictable quantity, commercial quantity (strictly indictable), large commercial
Most deemed supply cases in Parramatta and Sydney start in Local Court but may proceed to District Court.
How a Parramatta or Sydney Drug Supply Lawyer Can Help
- Challenge deemed supply charges by proving personal use
- Obtain expert evidence on drug tolerance and dependency
- Negotiate with DPP prosecutors for withdrawal or downgrade to possession
- Prepare comprehensive sentencing submissions to avoid full-time custody
- Apply for Intensive Correction Orders (serve sentence in community)
- Run jury trials in Parramatta and Sydney District Courts
- Appear in all NSW courts
Related Drug Offences
- Drug Possession — lesser charge, may negotiate down from supply
- Supply Prohibited Drug on Ongoing Basis — ongoing operation, 20 years max
- Drug Cultivation — growing cannabis or prohibited plants
- Bail Applications — urgent bail for drug supply charges
Charged with Drug Supply in Parramatta, Sydney or NSW?
Drug supply charges carry serious penalties including lengthy imprisonment. Don't face these charges alone.
- FREE initial consultation
- 15+ years drug supply defence experience
- Parramatta office (walk to District Court) & Norwest office
- Appear in Parramatta, Downing Centre & all NSW District Courts
- Expert at defending deemed supply charges
- Available 24/7 for urgent bail applications
Call Now: 0474 708 070