Is Ephedrine legal in Tonga?
- Legal status
- Named, but as a controlled chemical precursor under Schedule 2 rather than as an illicit drug under Schedule 1, and only once a drafting error is corrected. Schedule 2, page 24 of the 2020 Revised Edition, lists the compound under the 1988 United Nations Convention annex heading, but the printed text reads 'Ephedrime', a misspelling, not 'Ephedrine'. The Illicit Drugs Control (Amendment) Act 2021, Act 19 of 2021, section 5, corrects this, replacing the misspelled entry with 'Ephedrine'. Reading the 2020 Revised Edition schedule as corrected by the 2021 amendment, ephedrine is a named Schedule 2 controlled chemical. Section 2 defines a 'controlled chemical' as any chemical listed in Schedule 2, a separate and narrower category from the 'illicit drug' defined by Schedule 1, so ephedrine's own possession is not treated the same way as possessing a Schedule 1 drug.
- Consequences if caught
- Section 5 is the operative offence for ephedrine: importing, exporting, possessing, manufacturing or supplying it is an offence only where the person knows, or is reckless as to whether, the chemical is to be used in or for the commission of a section 4 offence, that is, manufacturing an illicit drug. On conviction the penalty is a fine not exceeding 750,000 Tongan dollars or imprisonment not exceeding 25 years, or both. Ordinary possession of ephedrine without that manufacturing connection, for example as an ingredient in a registered decongestant, is not itself made an offence by section 5's wording, which is conduct-plus-knowledge rather than simple possession.
- If prescribed or medical
- Section 7(1) exempts a person whose lawful occupation or profession requires possession, supply or use of a controlled chemical, for that occupation's specific purpose, and section 7(2) exempts Ministry of Health import, export, possession, manufacture or use, evidenced by a ministerial certificate; both cover a pharmacy or clinical use of ephedrine directly on their own wording. The Therapeutic Goods Act 2001 and Therapeutic Goods Regulations 2011 were checked for 'ephedrine' and returned no further dedicated schedule entry beyond the Schedule 2 listing itself, so the medicines-law route adds no separate restriction found this session.
- Documentation
- Illicit Drugs Control Act, Act 7 of 2003, Cap. 4.06, 2020 Revised Edition, Schedule 2, page 24, read 2026-10-07: the printed entry reads 'Ephedrime' under the heading «FROM THE ANNEX TO THE UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES, 1988». Illicit Drugs Control (Amendment) Act 2021, Act 19 of 2021, section 5, read via this country's research record, states the correction from 'Ephedrime' to 'Ephedrine'. Section 2, page 5, read for the 'controlled chemical' definition. Section 5, page 8, read for the offence and the 750,000 dollar, 25 year penalty band. Section 7, page 8, read for the exemptions. Illicit Drugs Control Act Schedule 1 was also checked and does not name ephedrine, confirming it is a Schedule 2 chemical rather than a Schedule 1 illicit drug. Therapeutic Goods Act 2001 and Therapeutic Goods Regulations 2011 checked for 'ephedrine', no further dedicated entry located. The two 2024 amendment Acts returned HTTP 404 at the official portal and were not read; if either touches Schedule 2 again this finding would need to be revisited.
- Illicit Drugs Control Act, Act 7 of 2003, Cap. 4.06, 2020 Revised Edition, Schedule 2 page 24, sections 2, 5 and 7
- https://ago.gov.to/cms/images/LEGISLATION/PRINCIPAL/2003/2003-0007/IllicitDrugsControlAct_3.pdf | Illicit Drugs Control (Amendment) Act 2021, Act 19 of 2021, section 5
- https://ago.gov.to/cms/images/LEGISLATION/AMENDING/2021/2021-0050/IllicitDrugsControlAmendmentAct2021.pdf | Therapeutic Goods Act 2001 and Therapeutic Goods Regulations 2011
- ago.gov.to
- https://ago.gov.to/cms/images/LEGISLATION/SUBORDINATE/2011/2011-0006/TherapeuticGoodsRegulations2011_3.pdf | Illicit Drugs Control (Amendment) (No.1) and (No.2) Act 2024, indexed but not retrievable
- ago.gov.to
- ago.gov.to
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Court records
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Ephedrine in related jurisdictions
Other substances confirmed in Tonga
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