Is Ephedrine legal in Samoa?

Legal status

Ephedrine is named twice in the Narcotics Act 1967, official version as at 31 December 2023: as item 28 of the Third Schedule, 'EPHEDRINE', making it a Class C narcotic, and as item 5 of the Fourth Schedule, 'ephedrine', making it a controlled precursor. The two listings carry separate regimes: the Class C narcotic listing governs ordinary dealing, possession, and use, while the controlled precursor listing governs import, export, sale, manufacture, and supply connected with producing a narcotic, under sections 10, 17A and 18B.

Consequences if caught

As a Class C narcotic, dealing in, possessing, selling, supplying, or using ephedrine carries imprisonment of up to 7 years under section 18, and import or export carries the same 7 year maximum under section 17. As a controlled precursor, importing or exporting ephedrine without a licence carries imprisonment of up to 14 years or a fine of up to 500 penalty units, or both, under section 17A(1), rising to the narcotic's own class penalty where the import or export was for the purpose of manufacturing a narcotic under section 17A(2). Selling, manufacturing, supplying, or possessing ephedrine with the intention that it be used to manufacture a narcotic carries imprisonment of up to 14 years or a fine of up to 1,000 penalty units, or both, under section 18B(1), and section 18B(2) presumes that intention from the fact of sale, manufacture, or possession of a controlled quantity, placing the onus on the defendant to disprove it.

If prescribed or medical

Section 7(2)(c) exempts a person from the narcotic possession offence where ephedrine was supplied for the person's use, or pursuant to the prescription of a licensee authorised to supply or prescribe narcotics for that purpose. Selling a controlled quantity of ephedrine as a precursor to a person who is not licensed under the Act is a lesser offence under section 18B(3), carrying a fine of up to 10 penalty units or imprisonment of up to 2 years, unless the seller reasonably believed the buyer was licensed.

Documentation

Importing or exporting ephedrine requires a licence from the Chief Executive Officer under section 10(2) as a Class C narcotic and, where the quantity is a controlled quantity of the Fourth Schedule precursor, a further licence under section 10(3A); a person importing a controlled quantity under licence must keep accurate records of its sale, use, or disposal under section 20(2), and failing to keep or produce those records is itself an offence under section 20(3).

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.