Are Benzodiazepines legal in Tonga?

Legal status

Named, as a class. Schedule 1 (section 2) of the Illicit Drugs Control Act, Act 7 of 2003, Cap. 4.06, 2020 Revised Edition, names benzodiazepine-class substances individually rather than as a labelled group; every named member sits under Class A, before the Schedule's own «CLASS B12» heading. In the subgroup headed «(FROM SCHEDULE III OF THE CONVENTION ON PSYCHOTROPIC SUBSTANCES, 1971)», Flunitrazepam is named. In the subgroup headed «(FROM SCHEDULE IV OF THE CONVENTION ON PSYCHOTROPIC SUBSTANCES, 1971)», the following are named, read exactly as printed: Alprazolam, Bromazepam, Brotizolam, Camazepam, Chlordiazepoxide, Clobazam, Clonazepam, Clorazepate, Clotiazepam, Clozazolam (as printed in the schedule), Delorazepam, Diazepam, Estazolam, Ethyl loflazepate, Fludiazepam, Flurazepam, Halazepam, Haloxazolam, Ketazolam, Loprazolam, Lorazepam, Lormetazepam, Medazepam, Midazolam, Nimetazepam, Nitrazepam, Nordazepam, Oxazepam, Oxazolam, Pinazepam, Prazepam, Temazepam, Tetrazepam and Triazolam. The same subgroup also lists Allobarbital, Aminorex, Amphepramone, Barbital, Benzphetamine, Butobarbital, Ethchlorvynol, Ethinamate, Etilamphetamine, Fencamfamin, Fenproporex, Lefetamine, Mazindol, Mefenorex, Meprobamate, Mesocarb, Methylpheno-barbital (a line-wrap artefact in the official PDF for Methylphenobarbital), Methylprylon, Pemoline, Phendimetrazine, Phenobarbital, Phentermine, Pipradrol, Pyrovalerone, Secbutabarbital and Vinylbital, none of which is a benzodiazepine and none of which is treated as one here. This is a class finding built by reading every name in the relevant subgroups rather than answering from one member. Two later amendment Acts, the Illicit Drugs Control (Amendment) (No.1) Act 2024 and the Illicit Drugs Control (Amendment) (No.2) Act 2024, could not be retrieved this session, both the direct PDF link and the containing legislation index returned HTTP 404, so whether either amended this Schedule 1 entry, for any named member, is not verified, not ruled out.

Consequences if caught

Class A penalty, amended, applying uniformly to every named member above. Section 3's Class A paragraph (c) was deleted and replaced by the Illicit Drugs Control (Amendment) Act 2020, Act 15 of 2020, its own section 3, with «(c) in respect of a Class A drug in the quantity of less than 1 gram, to a fine not exceeding $10,000 or imprisonment for a term not exceeding 3 years or both; (d) in respect of a Class A drug in the quantity of 1 gram or more, to a fine not exceeding $1,000,000 or to imprisonment for any period not exceeding life or both; or (e) in respect of a Class A drug in the quantity of 28 grams or more, to life imprisonment», the last tier the maximum available with no fine alternative at that quantity, though the court retains ordinary sentencing discretion. Section 4's Class A paragraph (iii) was replaced the same way, «(iii) in respect of a Class A drug in the quantity of less than 1 gram, to a fine not exceeding $10,000 or imprisonment for a term not exceeding 3 years or both; or (iv) in respect of a Class A drug in the quantity of 1 gram or more, to a fine not exceeding $1,000,000 or to imprisonment for any period not exceeding life or both», and the Illicit Drugs Control (Amendment) Act 2021, Act 19 of 2021, its own section 3(c), inserted a further «(v) in respect of a Class A drug in the quantity of 5 kilograms or more, to life imprisonment». Section 4 has no 28 gram tier; that threshold is section 3's import and export figure only. Act 15 of 2020's new section 4(2) deems possession of «a Class A drug in the quantity of 0.25 grams or more» to be supplying, so any of the named benzodiazepines above, held in a quantity well under a gram, already carries the supply characterisation rather than simple possession.

If prescribed or medical

Several of the named members, including diazepam, lorazepam, clonazepam, alprazolam, midazolam, nitrazepam and temazepam, are in ordinary clinical use elsewhere as anxiolytics, sedatives, hypnotics and anticonvulsants. Section 6 (international traveller's exemption) permits a person entering, leaving or transiting Tonga to carry quantities lawfully prescribed for treating a medical condition for up to one month with written authority from the treating doctor, and section 7 excuses lawful occupational possession, supply or use and exempts Ministry of Health activity. These are the only express lawful routes stated in the Illicit Drugs Control Act itself; a search of the Drugs and Poisons Act, Act 11 of 1930 et seq. Cap. 79, 1988 Revised Edition (Schedule A and Part III), the Therapeutic Goods Act 2001, No. 3 of 2001, and the Therapeutic Goods Regulations 2011, 2020 Revised Edition, for a benzodiazepine specific dispensing regime recorded none distinct from these two sections in any of the three, conducted earlier in this country's research; that search was not repeated here.

Documentation

Instrument read: Illicit Drugs Control Act, Act 7 of 2003, Cap. 4.06, 2020 Revised Edition, Schedule 1, pages 21 to 23 of the official Attorney General of Tonga PDF, 26 pages, read 2026-10-07, sha256 20f27664a1f9fe17aac59a72dec336857a3a89c0d782b8a4ad46cd0b53488b23; every name in the Schedule III and Schedule IV Psychotropic Substances 1971 subgroups read individually and sorted by hand into benzodiazepine and non-benzodiazepine members, rather than searched for the word «benzodiazepine», which does not appear anywhere in the schedule. Amendment Acts read in full this session, both fetched fresh and hash verified: Illicit Drugs Control (Amendment) Act 2020, Act 15 of 2020, its own sections 3 and 4, 17 pages, sha256 55d9944a5d6d2189b6edf6dc6302b2b18c96061989449ef5ffda741a3ad5e0da; Illicit Drugs Control (Amendment) Act 2021, Act 19 of 2021, its own section 3(c), 6 pages, sha256 b8f37cc6a698940395e6172e27f3622d1bc24f5dca10ad73805701af3615bad6. The two 2024 amendment Acts returned HTTP 404 from both the direct PDF link and the containing legislation index this session, so any change they made to any named member's entry is not verified.

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