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Legality · Etizolam

Is Etizolam legal in Ghana?

Confirmed against a primary sourceVerified October 3, 2026
Legal status
Etizolam is a controlled substance for medical supply in Ghana, reached through the guideline's definition rather than its table. The Food and Drugs Authority's Guidelines for the Sale, Supply and Use of Controlled Substances (FDA/DRI/TSA/GL-SSCS/2020/07, version 01, adopted 8 December 2020, effective 1 January 2021), issued «In pursuance of Section 126 of the Public Health Act, 2012 (ACT 851)», define «"Controlled Substances" or "Controlled drug"» as «a Narcotic drug, Psychotropic substance or Precursor chemical» and a psychotropic substance as «those natural or synthetic substances or any natural material listed in the four Schedules of the 1971 Convention». Section 148(1) of Act 851 says persons in the food and drugs industry «shall comply with the guidelines and codes of practice». The guideline's own Schedule IV table does not name etizolam, and its appendix says its list «includes but not limited to» the Green List. The Green List, 36th edition 2025, carries etizolam in Schedule IV as PE 009, «4-(2-Chlorophenyl)-2-ethyl-9-methyl-6H-thieno[3,2-f][1,2,4]triazolo[4,3a][1,4]diazepine». UNODC's announcement records that the Commission on Narcotic Drugs decision placing «Flualprazolam and Etizolam» in Schedule IV, taken at its 63rd session in March 2020, entered into force on 3 November 2020. That is before the guideline was adopted on 8 December 2020, so etizolam was already listed when the guideline was adopted, and its reach does not turn on whether the definition follows later additions. Under Act 1019 the answer is not settled. Etizolam is not named in the Fifth, Sixth or Seventh Schedule of Act 1019 as read on 3 October 2026. Fifth Schedule S of the Narcotics Control Commission Act 2020 (Act 1019) reads, as printed, «Flunitrazeparn (5-(o-fluorophenyl)-1,3-dihydro-1-methyl-7-ni-tro-2H-1,4-benzodiazepin-2-one) and any of its salts or derivatives». The Act does not define «derivatives», and no instrument or decision applying item S to any benzodiazepine other than flunitrazepam was found in the instruments read or in the case law search described below. Etizolam is a thienodiazepine: on its printed name the benzene ring of a benzodiazepine is replaced by a thiophene ring, a triazole ring is fused on, and it carries no nitro group. It is further from the item S molecule than any 1,4-benzodiazepine in this set, which makes a derivative reading weaker, not excluded. So whether etizolam is also a narcotic drug under Act 1019 through item S is open, and it is stated as open here rather than answered either way. The nearest text the earlier cell gave was «Flunitrazepam derivatives», which is a paraphrase of item S and not its printed wording; item S is quoted above as printed. This is stated as the Schedules stand after the Narcotics Control Commission (Amendment) Act, 2023 (Act 1100), which the judy.legal consolidation read on 3 October 2026 records as the Act's only amendment, «Amended by Narcotics Control Commission (Amendment) Act, 2023 (Act 1100 of 2023) on 2 August 2023». The Bill for that Act, read the same day, is «composed of a single clause» and was introduced «to substitute section 43»; the enacted text of Act 1100 was not itself read. The power to move the lists is in section 112: its subsection (1) gave a power to revise the Sixth, Seventh and Eighth Schedules within twelve months of commencement, and its subsection (2)(b) gives a continuing power to make Regulations specifying «the classification of drugs and the appropriate penalties». The only Regulations found under the Act, L.I. 2475 of 2023 on cannabis cultivation, list ninety six regulations and five Schedules of their own on the table of contents read on 3 October 2026 and revise no Schedule of the Act, and this does not rule out a later instrument that was not found.
Consequences if caught
Capital exposure: none. Neither Act 1019 nor the Public Health Act 2012 (Act 851) prints a sentence of death. Two regimes, and which one reaches etizolam for a user is not settled. Under the medical supply regime: Section 118(1) of Act 851 says a person shall not «manufacture, prepare, import, export, distribute, sell, supply or exhibit for sale a drug» that the Authority has not registered, section 122(1) forbids importing a drug without a licence or permit under that Part, and section 129 punishes a contravention of sections 111 to 124 on summary conviction by a fine of not less than seven thousand five hundred and not more than fifteen thousand penalty units or imprisonment of not less than fifteen and not more than twenty five years, or both. Breach of the guideline itself is sanctioned by section 148: subsection (1) says persons in the food and drugs industry «shall comply with the guidelines and codes of practice», subsection (4) makes a person who fails to comply liable to «an administrative penalty of not more than two thousand five hundred penalty units», and subsection (5) makes failure to pay that penalty an offence carrying imprisonment of not more than five years. Section 113(1) also makes it an offence to sell a drug «in contravention of Regulations or Guidelines made under this Part», punishable under section 129, but it sits under the heading «Deception of consumers», and whether it reaches a sale that breaks the guideline's prescription rule without deceiving anyone is not settled. Section 126 itself creates no offence. Section 123(1) reaches possession only of a «counterfeit drug». No provision of Act 851 read for this cell makes possession by a patient or user an offence. If the «derivatives» limb of Fifth Schedule S were held to reach etizolam, it would be a narcotic drug under Act 1019, and then every Act 1019 offence would attach, including possession for use and purchase for personal use. Its Second Schedule, read in the text layer of the official parliamentary text on 3 October 2026, sets these bands: possession for use under section 37(2)(a), a fine of not less than two hundred and not more than five hundred penalty units, with not more than fifteen months' imprisonment in default; possession for trafficking under section 37(2)(b), importation or exportation under section 36 and prohibited business under section 38, each a fine of not less than ten thousand and not more than twenty five thousand penalty units and imprisonment of not less than ten and not more than twenty five years, with three years in default; and purchase under section 45, which by section 45(2) includes a purchase «for personal use», a fine of not less than two thousand and not more than ten thousand penalty units or imprisonment of not less than four and not more than ten years. Possession for trafficking means a quantity «in excess of a quantity which can reasonably be used by an individual in a day». Section 50 requires life imprisonment where a person found guilty of a narcotic offence has been convicted «on more than one previous occasion» of an importation, exportation, processing, sale, manufacture, distribution, cultivation or supply offence. A web search of ghalii.org, judy.legal, lawsghana.com and dennislawgh.com on 3 October 2026 found no decision applying that limb to etizolam either way, which is not proof that none exists.
If prescribed or medical
The guideline says «Controlled drugs should be dispensed only upon receipt of a valid prescription», defined by section 103 of the Health Professions Regulatory Bodies Act, 2013 (Act 857) as the guideline quotes it, and that pharmacies may supply «ONLY on receipt of a valid prescription or signed order». Act 857 itself was not read.
Documentation
Section 118(2) of Act 851 exempts from the registration rule «an import permit issued by the Authority for the importation of any of the articles mentioned in that subsection which is imported for personal use», and section 122(1) says a person without a licence or permit under that Part «shall not import a drug». The permit procedure for a traveller was not read. If item S were held to reach etizolam, section 36(1) of Act 1019 would also require a licence from the Minister responsible for Health to import it.
Primary sources
  • Narcotics Control Commission Act, 2020 (Act 1019), official parliamentary text, read at https://repository.parliament.gh/server/api/core/bitstreams/2ae84af6-4f3f-49e5-aae1-b340fe350cb8/content on 3 October 2026, Fifth Schedule R and S, Fifth, Sixth and Seventh Schedules searched, sections 36 to 45 and 50, Second Schedule, definitions, section 112
  • Public Health Act 2012 (Act 851), read at https://www.moh.gov.gh/wp-content/uploads/2016/02/Public-Health-Act-851.pdf on 3 October 2026, sections 113, 118, 122, 123, 126, 129 and 148
  • Food and Drugs Authority, Guidelines for the Sale, Supply and Use of Controlled Substances, FDA/DRI/TSA/GL-SSCS/2020/07, read at https://fdaghana.gov.gh/final-guidelines-for-the-sale-supply-and-use-of-controlled-drugs-4 on 3 October 2026, sections 1, 2, 3.1, 5 and appendices 9.2 and 9.2.4
  • INCB Green List, 36th edition 2025, read at https://www.incb.org/incb/uploads/documents/Psychotropics/forms/greenlist/2026/2510307E.pdf on 3 October 2026
  • Narcotics Control Commission (Amendment) Bill, 2023, https://repository.parliament.gh/server/api/core/bitstreams/bddf7867-d1e8-4c0c-a44d-bc984aa53ec8/content
  • consolidation note, https://www.judy.legal/legislation/akn/gh/act/2020/1019
  • L.I. 2475 table of contents, https://www.judy.legal/legislation/akn/gh/act/li/2023/2475
  • UNODC announcement, Commission on Narcotic Drugs decision entering into force 3 November 2020, https://www.unodc.org/LSS/Announcement/Details/3297afad-f16e-4a4f-89c6-6d3b371ec737

Court records

We have not yet assessed whether court records are publicly available for this jurisdiction.

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