Is Delta-8-THC legal in Samoa?

Also known as: d8

Legal status

Delta-8-tetrahydrocannabinol is caught by Second Schedule item 6 of the Narcotics Act 1967, 'Tetrahydrocannabinols, except when contained in a Class C Narcotic', read together with clause B of the same Schedule, 'The isomers of the substances mentioned or described in this Schedule whenever the existence of such isomers is possible within the specific chemical designation'. Delta-8-THC and delta-9-THC share the same molecular formula and differ only in the position of one double bond, so they are isomers of each other within the plain meaning of clause B, and delta-8-THC also falls within the unqualified plural term 'Tetrahydrocannabinols' in item 6 on its own terms, without needing the isomer clause at all. A cannabis derived preparation containing delta-8-THC is additionally a cannabis preparation under item 1, which asks only whether the preparation contains any tetrahydrocannabinols.

Consequences if caught

As a Class B narcotic under Second Schedule item 6, dealing in, possessing, selling, supplying, or using delta-8-THC carries imprisonment of up to 14 years under section 18, and import or export carries the same 14 year maximum under section 17, unless the Judge finds the contravention was not wilful, in which case section 18's proviso reduces exposure to a fine of up to 5 penalty units or imprisonment of up to 2 years, or both.

If prescribed or medical

Section 7(2)(c) of the Act exempts a person from the possession offence where the narcotic was supplied for the person's use, or pursuant to the prescription of a licensee authorised to supply or prescribe narcotics for that purpose. No separate Samoa medicine approval naming delta-8-THC was located under the Pharmacy Act 2007.

Documentation

No traveller import allowance for delta-8-THC was located; as a Class B narcotic, section 10(2) of the Act requires a licence from the Chief Executive Officer to import or export it, and unlicensed import or export is an offence under section 17. A traveller should treat any delta-8-THC product as a controlled cannabis derived substance and confirm requirements with Samoa's Ministry of Health before travel.

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.