Is Cannabis / THC legal in American Samoa (US)?

Also known as: weed, marijuana

Legal status

Cannabis is controlled federally and locally. Split federal status under the Controlled Substances Act, 21 CFR 1308.11(d) as Marihuana, DEA code 7360, with an FDA-approved product or a state or territorial medical licence in Schedule III, and separately controlled under the American Samoa Code Annotated, title 13, chapter 10.

Consequences if caught

The federal Controlled Substances Act applies here. 21 U.S.C. 802(26) defines the term State to mean 'a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States', so the federal schedules and the federal offences reach this territory directly. Cannabis has a split federal status and neither half is the whole answer. Most marijuana remains Schedule I, 21 CFR 1308.11(d) as Marihuana, DEA code 7360, with an FDA-approved product or a state or territorial medical licence in Schedule III. Federal simple possession is 21 U.S.C. 844(a). A first offence carries 'a term of imprisonment of not more than 1 year, and shall be fined a minimum of $1,000, or both'. The American Samoa Code Annotated, title 13, chapter 10 applies as well. Section 13.1022(a) of that chapter reads 'Except as authorized by the director, it is unlawful for a person to possess a controlled substance'. The penalty provision was not read here, so no territorial penalty figure is stated. Two statutes reach the same conduct here, the federal Act and the territory's own, and which one is charged decides the exposure. Which prosecutor takes a given case, and on what criteria, was not established here.

If prescribed or medical

An FDA-approved cannabis-derived medicine is prescribable. Whether any territorial medical cannabis programme operates here, and on what terms, was not established.

Documentation

Carry any prescribed medicine in its original packaging with the prescription. Bringing a controlled substance into this territory from the mainland United States or from abroad engages federal importation and customs provisions as well as the territorial law, and neither was read here.

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