Is Delta-8-THC legal in American Samoa (US)?

Legal status

Delta-8-THC is a tetrahydrocannabinol and is controlled territorially under the entry 'Tetrahydrocannabinols' in section 13.1006 of the American Samoa Code Annotated, read in the Internet Archive capture of 30 October 2023, which carries no hemp exception. Federally, 'Tetrahydrocannabinols', 21 CFR 1308.11(d)(31), DEA code 7370, is Schedule I, but that entry 'does not include any material, compound, mixture, or preparation that falls within the definition of hemp', and until 12 November 2026 hemp is defined by its delta-9 content only.

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 21 CFR 1308.11(d)(31)(i) defines tetrahydrocannabinols to include those 'naturally contained in a plant of the genus Cannabis', 'synthetic equivalents of the substances contained in the cannabis plant' and 'synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity'. Federally, 21 U.S.C. 802(16)(B)(i) excludes from marijuana 'hemp, as defined in section 1639o of title 7', and 7 U.S.C. 1639o(1) in force today defines hemp as cannabis 'with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis'. 21 CFR 1308.11(d)(31)(ii) likewise provides that 'Tetrahydrocannabinols does not include any material, compound, mixture, or preparation that falls within the definition of hemp set forth in 7 U.S.C. 1639o.' That definition changes on 12 November 2026. Section 781 of Public Law 119-37, enacted 12 November 2025 and effective 365 days later, replaces it with a 'total tetrahydrocannabinols concentration (including tetrahydrocannabinolic acid) of not more than 0.3 percent' and excludes from hemp final hemp-derived cannabinoid products containing 'cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant', cannabinoids that 'were synthesized or manufactured outside the plant', or 'greater than 0.4 milligrams combined total per container' of total tetrahydrocannabinols and similar cannabinoids. Whether a given delta-8-THC product contains cannabinoids 'synthesized or manufactured outside the plant' is a question of fact about that product. 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 13.1006 lists 'Tetrahydrocannabinols'. Territorially there is no hemp exception. Section 13.1001(h) defines marijuana as 'all parts of the plant Cannabis sativa L. whether growing or not; the seeds thereof; the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin', and adds 'It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.' So a cannabinoid extracted from any other part of the plant, its seeds or its resin is within that definition on its words, and one made from the excluded stalks, seed oil or cake is not; whether a cannabinoid made synthetically is within it is not settled by the text. Section 13.1006 lists both 'Marijuana' and 'Tetrahydrocannabinols'. 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.

If prescribed or medical

There is no prescribable form of delta-8-THC that any text read describes.

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.