Are Barbiturates legal in Samoa?

Also known as: barbs

Legal status

The Narcotics Act 1967, the official version as at 31 December 2023, does not use "barbiturate" as a class heading. Instead, the Third Schedule, Class C narcotics, individually names thirteen barbituric acid derivatives by chemical name: item 16 "BARBITAL (5,5-diethylbarbituric acid)"; item 45 "METHYLPHENOBARBITAL (5-ethyl-1-methyl-5-phenylbarbituric acid)"; item 54 "PHENOBARBITAL (5-ethyl-5-phenylbarbituric acid)"; item 63 "ALLOBARBITAL (5,5-diallylbarbituric acid)"; item 64 "AMOBARBITAL (5-ethyl-5-(3-methylbutyl) barbituric acid)"; item 66 "BUTALBITAL (5-allyl-5-isobutylbarbituric acid)"; item 67 "BUTOBARBITONE (5-butyl-5-ethylbarbituric acid)"; item 68 "CYCLOBARBITAL (5-(1-cyclohexen-1-yl)-5-ethylbarbituric acid)"; item 70 "NEALBARBITONE (5-allyl-5-neopentylbarbituric acid)"; item 71 "PENTOBARBITAL (5-ethyl-5-(1-methylbutyl) barbituric acid)"; item 72 "SECBUTABARBITAL (5-sec-butyl-5-ethylbarbituric acid)"; item 73 "SECOBARBITAL (5-allyl-5-(1-methylbutyl) barbituric acid)"; and item 74 "VINYLBITAL (5-(1-methylbutyl)-5-vinylbarbituric acid)." Every one of these thirteen is Class C; none is Class A or Class B. A barbiturate not on this list of thirteen is not independently named and is not addressed here. Item 69 of the same block, GLUTETHIMIDE, is listed beside the barbiturates but is a distinct glutarimide sedative, not a barbituric acid derivative, and is not counted among the thirteen.

Consequences if caught

Section 18 of the Act makes it an offence to deal in, possess, sell, give, supply, administer, procure, consume, smoke or otherwise use a Class C narcotic, with liability on conviction to imprisonment for a term not exceeding 7 years. Section 18A sets the same 7 year maximum for unlawfully manufacturing a Class C narcotic, and section 17 sets the same 7 year maximum for illegally importing or exporting one. Where the Judge is satisfied the contravention was not wilful, or was merely a procedural breach relating to books, prescriptions or similar matters, section 18's proviso substitutes a fine not exceeding 5 penalty units or imprisonment not exceeding 2 years, or both. On conviction, articles connected with the offence are liable to forfeiture under section 25. The Act does not provide a death penalty for a Class C narcotics offence; life imprisonment under sections 17, 18 and 18A is reserved for Class A narcotics, which this substance is not. The band is uniform across all thirteen named barbiturates; none carries a different class or a different maximum from the others.

If prescribed or medical

Section 7(2)(c) of the Act exempts a person from the possession and use prohibition in section 7(1) where the narcotic was supplied for the person's use, or prescribed, by a person licensed under section 11 to supply or prescribe narcotics. Dispensing by a pharmacist is separately governed by the Pharmacy Act 2007, and the Drugs Act 1967 supplies a general medicines framework rather than a substance by substance prescription list for a Class C barbiturate. Section 25B requires a medical practitioner, nurse, pharmacist, dentist or veterinarian who suspects illegal use of a narcotic to report it to a police officer, on pain of a fine not exceeding 10 penalty units. A licence to deal in any of the thirteen named barbiturates under section 11 is granted by the Chief Executive Officer.

Documentation

The Narcotics Act 1967 (1967 No. 3), the official version as at 31 December 2023, is the authority for the position stated. Whether a later Gazette amendment or a Head of State Order under section 5 of the Act has varied it since that date could not be established from the sources searched this session, so the position given is as at the version read and is not asserted as current beyond it. A traveller carrying a prescribed quantity of a Class C barbiturate into or out of Samoa should carry the original packaging and the prescription; import and export of a Class C barbiturate otherwise require a licence granted by the Chief Executive Officer under section 10(2) of the Act. No Samoa specific traveller documentation requirement beyond this was located in the sources searched.

Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with Samoa’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.