💊 Knowingly Taking Part in the Supply of a Prohibited Drug 

Under Section 25 of the Drug Misuse and Trafficking Act 1985 (NSW), knowingly taking part in the supply of a prohibited drug is a serious criminal offence. Penalties depend on the type and quantity of the drug involved.

⚖️ Legal Classification of the Offence

Drug supply offences, including “knowingly take part in supply,” are categorised based on the quantity of drug and fall into:

• Table Offences (Table I or II)
  • Heard in either the Local Court or District Court, depending on seriousness
• Serious Indictable Offences (SI)
  • Must be finalised in the District Court

Drug Quantities:

• Small Quantity
• Trafficable Quantity
• Indictable Quantity
• Commercial Quantity
• Large Commercial Quantity

👉 See Table I and Table II below for full penalty breakdowns.

🚨 Maximum Penalties

Penalties vary based on:

• Type of drug
• Quantity involved
• Which court hears the case (Local or District)

Under Part 2, Division 2 of the Act, penalties can range from:

• 📄 Fines
• 📆 Short prison terms
• 🔒 Life imprisonment (for large commercial quantities)

⏳ Standard Non-Parole Period (SNPP)

For serious drug offences, a Standard Non-Parole Period may apply — this is the minimum jail time before parole is considered.

Whether SNPP applies depends on:

• Type and quantity of drug
• Circumstances of the offence

📌 Refer to Table II to check if SNPP applies.

🧾 Will You Get a Criminal Record or Go to Jail?

If found guilty (or you plead guilty), the court may impose:

• ✅ Conditional Release Orders (with or without conviction)
• 🔁 Community Correction Order (CCO)
• 🔒 Intensive Correction Order (ICO)
• 🚨 Full-time imprisonment

A criminal conviction is likely for large quantities or aggravating factors. Outcome depends on:

• Facts of the case
• Prior criminal record
• Strength of your legal representation
• Involvement in the criminal offending and length of time involved as well as the sophistication and organisation of the offending

👩‍⚖️ What Must Police Prove?

To secure a conviction, police must prove you:

• Assisted in the drug supply process,
  OR
• Provided financial support to enable the supply,
  OR
• Made premises available for supply,
  AND
• Knew or believed there was a real chance the substance was a prohibited drug.

❓ What Does “Knowingly Take Part” Mean?

The law recognises indirect involvement — not just physical drug handling.

You may be liable if you:

• Helped plan or prepare for a supply
• Funded the drug purchase
• Arranged transport or storage
• Allowed use of your home/property for drug supply

👉 You do not need to be physically present during the deal.

🧪 What Is a “Prohibited Drug”?

Some common prohibited drugs include:

• Cocaine
• MDMA (Ecstasy)
• Cannabis
• GHB
• Methamphetamine (Ice)

📄 A full list appears in Schedule 1 of the Act.

🚚 What Does “Supply” Include?

“Supply” is broadly defined and includes:

1. Actual supply – physically giving or selling drugs
2. Offer to supply – offering, even if no supply occurs
3. Agreement to supply – making arrangements to supply
4. Causing supply – directing someone else to do it

👉 Intent or preparation can be enough, even if no drugs change hands.

📊 Drug Quantity Thresholds – Table I

⚖️ Penalties by Quantity and Drug Type – Table II

Cannabis Supply Offences

All Other Prohibited Drugs

⛓ What Is a Standard Non-Parole Period?

• The Standard Non-Parole Period (SNPP) is a baseline jail time offenders must serve before parole is considered.
• It applies to mid-range serious offences and helps maintain consistency in sentencing.
• Judges may increase or decrease it based on the case details.

👨‍⚖️ Facing Charges? Get Expert Legal Advice

Charges for drug supply — especially those involving “knowingly take part” — are complex and carry serious penalties. The earlier you act, the better your chances.

📞 Call Criminal Lawyers Group today
👉 Or request a confidential consultation