Supply or Trafficking of a Prohibited Drug – Laws & Penalties in Australia

Supply or trafficking of a prohibited drug is one of the most serious criminal offences under Australian law. These offences are treated severely by the courts due to the harm drug distribution causes to individuals and communities.

Whether you’re accused of selling a small quantity of cannabis or involved in a large-scale methamphetamine operation, you could face lengthy imprisonment, significant fines, and a permanent criminal record.

This guide explains what supply and trafficking mean in law, how charges are laid, the court process, legal defences, and how each state and territory defines and penalises these offences.

What Is Drug Supply or Trafficking?

Supply generally refers to giving, selling, distributing, or even offering to supply a prohibited drug. You don’t have to exchange money—even giving drugs away for free can be considered supply.

Trafficking is a more serious offence that typically involves:

• Ongoing or organised supply

• Commercial quantities

• Involvement in drug networks

You can also be charged with “deemed supply” if you’re caught possessing more than a threshold quantity of a drug, even without evidence of actual supply.

How Are Supply or Trafficking Charges Laid by Police?

Police may charge a person after:

• Surveillance operations or wiretaps

• Controlled buys by undercover officers

• Search warrants revealing drug quantities, packaging, or cash

• Admissions or intercepted messages

• Airport or postal interceptions

Supply or trafficking charges can be laid under state law or Commonwealth law depending on the nature and scale of the offence.

Court Process for Supply/Trafficking Offences

Because of the seriousness, these offences are often heard in:

• District or County Court

• Supreme Court (for large commercial quantities or organised crime links)

The process includes:

1. First appearance in the Magistrates’ Court

2. Committal hearing (for indictable charges)

3. Trial or guilty plea in a higher court

4. Sentencing

Prosecution must prove the intent to supply, or ongoing trafficking activities.

Defences to Drug Supply or Trafficking

Available defences include:

• No intent to supply – the drugs were for personal use

• Unlawful search – improper police procedures or search warrant breaches

• Mistaken identity or lack of control – drugs belonged to someone else

• Duress or coercion – you were threatened or forced to act

In some cases, charges can be downgraded to possession or withdrawn altogether with skilled legal representation.