What Is the Difference Between Drug Possession and Drug Supply in NSW?

Many people assume that if police find drugs in your possession, you will automatically be charged with drug possession. However, depending on the circumstances, police may instead allege drug supply, even if there is no evidence that you sold drugs.

Understanding the difference between drug possession and drug supply is important because the offences carry very different penalties and require the prosecution to prove different legal elements.

If you’ve been charged with either offence, obtaining legal advice as early as possible is essential. Michael Confos is a criminal lawyer in Sydney who regularly represents clients charged with drug offences throughout NSW. Call today for a free consultation to discuss your case before your first court appearance.

What Is Drug Possession?

Drug possession generally means a person knowingly has custody or control of a prohibited drug.

To secure a conviction, the prosecution must prove beyond reasonable doubt that:

• the substance was a prohibited drug;

• you knew the drug existed; and

• you had custody or control of it.

Drug possession is one of the most common drug offences prosecuted in NSW.

To learn more, read ⁠What Is Drug Possession in NSW?.

What Is Drug Supply?

Drug supply is a much broader offence.

It can include:

• selling drugs;

• giving drugs to another person;

• distributing drugs;

• transporting drugs;

• agreeing to supply drugs; or

• offering to supply drugs.

Importantly, payment is not required. A person can be charged even if no money changed hands.

Read our complete guide: ⁠What Is Drug Supply in NSW?.

Why Is Drug Supply Considered More Serious?

Drug supply is viewed by NSW courts as a more serious offence because it involves the movement or distribution of prohibited drugs rather than simply possessing them.

As a result, drug supply offences generally attract significantly higher maximum penalties than simple possession.

Where larger quantities are involved, the consequences become increasingly severe.

Can Police Charge Me With Supply Even If I Didn’t Sell Drugs?

Yes.

Many people are surprised to learn that police do not always need evidence that drugs were actually sold.

For example, police may allege supply where:

• drugs were allegedly given to another person;

• there was an agreement to supply drugs;

• there was an offer to supply drugs; or

• the quantity allegedly possessed exceeds the trafficable quantity, resulting in a deemed supply allegation.

To understand how this works, read ⁠What Is Deemed Supply of Drugs in NSW?.

If police have alleged supply rather than possession, it is important to obtain legal advice immediately. Michael Confos can review the prosecution evidence, explain why the charge has been laid and advise whether the allegation can be challenged.

What Are the Penalties?

Drug Possession

Drug possession may result in:

• a Conditional Release Order;

• a Community Correction Order;

• fines;

• other sentencing orders available under NSW law; or

• imprisonment in more serious cases.

Whether you go to jail depends on the circumstances of your case.

Read more: ⁠Can You Go to Jail for Drug Possession in NSW?.

Drug Supply

Drug supply offences generally carry much higher maximum penalties.

Depending on the circumstances, sentencing outcomes may include:

• Community Correction Orders;

• Intensive Correction Orders;

• substantial fines; or

• imprisonment.

The seriousness of the offence depends on factors such as the type of drug, the quantity involved and the surrounding circumstances.

Can a Drug Possession Charge Become Drug Supply?

Yes.

Police may initially investigate a matter as simple possession but later allege drug supply if further evidence is obtained.

Evidence that may lead to a supply allegation includes:

• large quantities of drugs;

• text messages;

• cash;

• electronic scales;

• clip-seal bags;

• customer lists;

• surveillance; or

• admissions made during a police interview.

This is one reason why obtaining legal advice before participating in a police interview is important.

Which Charge Is Easier to Defend?

There is no simple answer.

Every case depends on:

• the available evidence;

• whether police lawfully obtained that evidence;

• the statements made by the accused;

• forensic evidence;

• witness evidence; and

• the legal elements the prosecution must prove.

A criminal lawyer can review the prosecution brief and advise whether any legal defences may be available.

If you’ve been charged with drug possession or drug supply, contact Michael Confos today for a free consultation to discuss your legal options before your next court appearance.

Frequently Asked Questions

Is drug supply more serious than drug possession?

Yes. Drug supply generally carries significantly higher maximum penalties than simple possession.

Can I be charged with supply if I gave drugs to a friend?

Yes. Supplying drugs does not require payment. Giving prohibited drugs to another person may still amount to drug supply.

Can police charge me with supply because of the quantity?

Yes. In some circumstances, possessing more than the trafficable quantity of certain drugs may result in a deemed supply allegation.

Should I obtain legal advice?

Yes. Early legal advice allows you to understand the allegations and prepare your defence before court.

Key Legislation

These offences are primarily governed by:

• Drug Misuse and Trafficking Act 1985 (NSW)

• Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)

• Crimes (Sentencing Procedure) Act 1999 (NSW)

These Acts establish the offences, police investigative powers and sentencing framework that applies in NSW.

Relevant Case Law

Whether a person is guilty of drug possession or drug supply depends upon whether the prosecution can prove every legal element of the alleged offence beyond reasonable doubt.

NSW courts examine all of the surrounding evidence before determining whether the prosecution has established the offence charged.

Charged With Drug Possession or Drug Supply?

The distinction between drug possession and drug supply can have a significant impact on the outcome of your case. If you’ve been charged with either offence, obtaining legal advice early allows you to understand the allegations, identify possible defences and properly prepare your matter before court.

Michael Confos is a criminal lawyer in Sydney who regularly represents clients charged with drug possession, drug supply, deemed supply and other serious criminal offences throughout NSW. Call Michael Confos today for a free consultation to discuss your case and receive practical legal advice tailored to your circumstances.

You may also find these articles helpful:

• ⁠Drug Offences Lawyer Sydney

• ⁠What Happens If You Are Caught with Drugs in NSW?

• ⁠What Is Drug Possession in NSW?

• ⁠What Is Drug Supply in NSW?

• ⁠What Is Deemed Supply of Drugs in NSW?

• ⁠Can You Go to Jail for Drug Possession in NSW?

• ⁠Can You Avoid a Criminal Record for Drug Possession in NSW?

• ⁠What Is a Section 10 for Drug Possession in NSW?

Disclaimer

This article provides general information only and is not legal advice. The law may change, and every case depends on its own facts. Reading this article does not create a solicitor-client relationship. If you require legal advice about a drug possession or drug supply charge or any other criminal matter, you should obtain advice from a qualified