News · Criminal law explainer
Deemed supply in NSW.
A person found with a quantity of drugs above a set threshold can be charged with supply, even without any evidence of a sale. That is deemed supply, under section 29 of the Drug Misuse and Trafficking Act 1985 (NSW). This note explains how it works, what the traffickable quantities are, why the onus shifts to the accused, and how these charges are defended.
By Aaron Kernaghan · Published 3 September 2026
What is deemed supply?
Section 29 says that a person who has in their possession an amount of a prohibited drug that is not less than the traffickable quantity is deemed to have the drug for supply. The prosecution does not have to prove an actual sale, an offer, or an agreement to supply. Possession of the quantity is enough to put the person to proof.
This is different from an ordinary supply charge based on evidence of dealing, such as messages, scales, cash, or an admission. Deemed supply rests on the quantity alone.
What are the traffickable quantities?
The thresholds are set out in the schedule to the Act and differ by drug. As a guide, the traffickable quantity is 3 grams for cocaine, heroin, and methylamphetamine, 0.75 grams for MDMA, and 300 grams for cannabis leaf. The figures include the whole admixture, not just the pure drug.
Because the whole mixture counts, a person can reach a threshold quickly with a diluted product. The exact weight, and how it was measured, are often points that matter in these cases.
Why does the onus shift to the accused?
Deemed supply reverses the usual position. Once the prosecution proves possession of a traffickable quantity, the accused carries the onus of proving, on the balance of probabilities, that the drug was in their possession for a purpose other than supply, such as personal use.
This is a lower standard than the criminal standard the prosecution normally carries, but it is still a real burden. The person has to put on evidence, which may include their own account, their level of use, and the surrounding circumstances.
What are the penalties?
A deemed supply is punished as a supply. The penalty depends on the drug and the quantity, rising through indictable quantity, commercial quantity, and large commercial quantity. A supply within the small quantity range can be dealt with in the Local Court, while commercial quantities are dealt with in the higher courts and carry very heavy maximums.
The quantity therefore does double work: it can create the deemed supply, and it sets the range of penalty. Getting the weight and the category right is important to the whole case.
How is deemed supply defended?
The first question is possession. If the drug was not in the accused's possession or control, deemed supply does not arise. The second is the quantity and its measurement, which can be challenged. The third is the statutory answer: proving the drug was held for a purpose other than supply.
Personal use is the common answer, supported by evidence of the person's own consumption and circumstances. What a person says in a police interview can help or hurt that account, so advice before the interview matters. The related offence of ongoing supply works differently and is worth understanding where repeated dealing is alleged.
Frequently asked.
What is deemed supply in NSW?
Where a person possesses a prohibited drug in an amount not less than the traffickable quantity, section 29 of the Drug Misuse and Trafficking Act 1985 (NSW) deems the drug to be possessed for supply, unless the person proves it was for another purpose.
What is a traffickable quantity?
A threshold set by the schedule to the Act. As a guide it is 3 grams for cocaine, heroin, and methylamphetamine, 0.75 grams for MDMA, and 300 grams for cannabis leaf. The whole mixture counts, not just the pure drug.
Does the prosecution have to prove a sale?
No. That is the point of deemed supply. Possession of the traffickable quantity is enough. The accused then carries the onus of proving the drug was held for a purpose other than supply.
Can I beat a deemed supply charge?
It is possible. The accused can prove, on the balance of probabilities, that the drug was possessed for personal use or another lawful purpose. Possession, the weight, and the measurement can also be challenged.
What is the difference between deemed supply and actual supply?
Actual supply is proved by evidence of dealing, such as an agreement, an offer, cash, or messages. Deemed supply rests on the quantity alone and shifts the onus to the accused to show the drug was not for supply.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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