Is Crack Cocaine legal in American Samoa (US)?

Legal status

Crack cocaine is controlled federally and locally. Federal Schedule II under the Controlled Substances Act, 21 CFR 1308.12(b)(4), DEA code 9041 for cocaine within it, listed as 'Coca leaves (9040) and any salt, compound, derivative or preparation of coca leaves', and listed in the American Samoa Code Annotated, section 13.1007(4), as 'coca leaves and any salt, compound, derivative, or preparation of coca leaves'. Crack is not named separately in either list and is reached through the cocaine and coca leaf entries.

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. Federally this is a Schedule II controlled substance, 21 CFR 1308.12(b)(4), DEA code 9041 for cocaine within it, listed as 'Coca leaves (9040) and any salt, compound, derivative or preparation of coca leaves'. 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 13.1001(a) defines a controlled substance as 'a drug, substance, or immediate precursor listed in 13.1004 through 13.1014', and section 13.1007(4) lists 'coca leaves and any salt, compound, derivative, or preparation of coca leaves'. 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'. Section 13.1022(b) makes it a felony and sets, for a first offence, 'a fine not less than $5,000 and not more than $20,000 or not less than 5 years and not more than 10 years in prison, or both'; for a second offence a fine of $20,000 to $30,000 or 10 to 20 years, or both; and for a third a fine of $30,000 to $40,000 or 15 to 30 years, or both. It adds 'There shall be no parole for a conviction under this section' and, in subsection (c), 'The above penalties are mandatory.' Section 13.1020(b) punishes delivering, distributing, producing, manufacturing or possessing with intent to deliver a controlled substance: the offender 'may be imprisoned for not more than 20 years, or fined not more than $20,000, or both', so the text read allows imprisonment and a fine together but does not require both. Section 13.1020(c) sets 'a mandatory term of 10 years without the possibility of parole, and fined $10,000.00' for those acts 'in any school or on any school campus in the Territory'. Section 13.1023(a) allows up to twice the term and twice the fine for a second or subsequent offence under the chapter. These sections were read in the Internet Archive capture of 30 October 2023 of the text the American Samoa Bar Association published; the live asbar.org pages answered HTTP 403, and a later amendment is not ruled out. 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

No prescribable form of crack is described in any text read, so there is no traveller route.

Documentation

Carry any prescribed medicine in its original packaging with the prescription. Section 13.1040 of the American Samoa Code Annotated provides 'No person may import or sell in American Samoa any medicines or drugs, including patent medicines, unless permission to do so has been granted under regulations approved by the Governor', and section 13.1042 makes a violation of the chapter 'a class D felony', for which section 46.2301 authorises 'a term not to exceed 5 years' and section 46.2101 a fine not exceeding $5,000. Those regulations were not read, so whether a traveller's own supply needs permission was not established. Federal importation and customs provisions were not 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.