Charges
Deemed supply (possession of not less than a traffickable quantity)
Drug Misuse and Trafficking Act 1985 (NSW) s 29
What is the maximum penalty for deemed supply in NSW?
Maximum penalty. Section 29 carries no penalty of its own. It is a deeming provision: a person who possesses not less than the traffickable quantity of a prohibited drug is deemed to possess it for supply, and is charged and punished under the supply provision, s 25. The Judicial Commission records the s 29 penalty as the same penalty as for the principal offence. For s 25(1) supply the Local Court caps are: not more than a small quantity, 50 penalty units and/or 2 years; not more than the indictable quantity, 100 penalty units and/or 2 years, with indictable maxima of 2,000 penalty units and/or 10 years for cannabis plant or leaf and 15 years otherwise.
A maximum is the ceiling the law sets for the worst category of case. It is not what a court is likely to impose, and it is not a prediction about any particular matter.
What the charge covers
If police find a person in possession of at least the traffickable quantity of a prohibited drug, the law treats that possession as being for supply, and the person can be charged with supply even though no actual sale or transfer is alleged. The accused can rebut the deeming by proving on the balance of probabilities that the drug was possessed for some purpose other than supply, such as personal use. The traffickable quantity for each drug is set out in Schedule 1 of the Act.
How it is dealt with
The classification follows the supply offence actually charged under s 25, recorded as Table 2 or Table 1 depending on quantity.
Where these figures come from
Every figure on this page was taken from the legislation or the Judicial Commission of New South Wales, not from secondary summaries:
Legislation changes. Figures are general as at publication; confirm the current position with a lawyer.
This page is general information about NSW law, not legal advice about your matter. Whether a charge can be defended, and what a court is likely to do, depends on the evidence and the circumstances.
Related charges
Every stone turned. Every avenue pursued.
Whether you’ve been charged, arrested, or are helping a family member, the earliest advice is the most valuable.