Are Benzodiazepines legal in Samoa?

Legal status

The Narcotics Act 1967, the official version as at 31 December 2023, does not use "benzodiazepine" or "benzodiazepines" as a class heading. Instead, the Third Schedule, Class C narcotics, individually names thirty four benzodiazepine (including triazolobenzodiazepine) compounds by chemical name and item number: item 13 ALPRAZOLAM, item 17 BROMAZEPAM, item 18 BROTIZOLAM, item 19 CAMAZEPAM, item 20 CHLORDIAZEPOXIDE, item 21 CLOBAZAM, item 22 CLONAZEPAM, item 23 CLORAZEPATE, item 24 CLOTIAZEPAM, item 25 CLOXAZOLAM, item 26 DELORAZEPAM, item 27 DIAZEPAM, item 29 ESTAZOLAM, item 32 ETHYL LOFLAZEPATE, item 33 FLUDIAZEPAM, item 34 FLUNITRAZEPAM, item 35 FLURAZEPAM, item 36 HALAZEPAM, item 37 HALOXAZOLAM, item 38 KETAZOLAM, item 39 LOPRAZOLAM, item 40 LORAZEPAM, item 41 LORMETAZEPAM, item 43 MEDAZEPAM, item 47 MIDAZOLAM, item 48 NIMETAZEPAM, item 49 NITRAZEPAM, item 50 NORDAZEPAM, item 51 OXAZEPAM, item 52 OXAZOLAM, item 56 PINAZEPAM, item 58 PRAZEPAM, item 61 TEMAZEPAM, and item 62 TRIAZOLAM. Every one of these thirty four is Class C; none is Class A or Class B, so the named benzodiazepine compounds share the same Schedule and Class placement found for barbiturates in this same Third Schedule, a match confirmed by reading the full item list rather than assumed from that other finding. The same Third Schedule also carries other, non benzodiazepine Class C sedatives and stimulants interleaved among these item numbers, such as item 28 EPHEDRINE, item 44 MEPROBAMATE and the barbiturates at items 16, 45, 54 and 63 to 74; these are not counted among the thirty four. A benzodiazepine not on this list is not independently named and is not addressed here.

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 band is uniform across all thirty four named benzodiazepines; 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. Benzodiazepines are in widespread legitimate medical use as anxiolytics, sedatives and anticonvulsants; dispensing 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 benzodiazepine. 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 thirty four named benzodiazepines 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 named Class C benzodiazepine into or out of Samoa should carry the original packaging and the prescription; import and export of any of the thirty four 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.