Is Fentanyl legal in Samoa?

Also known as: fent

Legal status

Fentanyl is controlled under the Narcotics Act 1967, the official version as at 31 December 2023. Second Schedule item 61, Class B narcotics, names "FENTANYL (1-phenethyl-4-(N-propionylanilino)piperidine)" directly. The same Schedule separately names several fentanyl analogues as distinct Class B entries: item 62 p-fluorofentanyl, item 67 beta-hydroxyfentanyl, item 68 beta-hydroxy-3-methylfentanyl, item 82 alpha-methylfentanyl, item 83 alpha-methylthiofentanyl, item 84 3-methylfentanyl, item 85 3-methylthiofentanyl and item 126 thiofentanyl, each listed as its own numbered entry rather than under a generic fentanyl analogue clause.

Consequences if caught

As a Class B narcotic, dealing in, possessing, selling, supplying or using fentanyl carries imprisonment of up to 14 years under section 18, with the same maximum for import or export under section 17 and for unlawful manufacture under section 18A; section 18's proviso reduces a non-wilful or procedural contravention 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) exempts a person from the possession and use prohibition where the narcotic was supplied, or prescribed, by a licensee authorised under section 11 to supply or prescribe narcotics. Fentanyl has a recognised medical use as a potent analgesic and anaesthetic agent; dispensing is separately governed by the Pharmacy Act 2007, and the Drugs Act 1967 supplies a general medicines framework rather than a substance by substance prescription list for fentanyl. Section 25B requires a medical practitioner, nurse, pharmacist, dentist or veterinarian who suspects illegal use of a narcotic to report it to a police officer, on pain of a fine not exceeding 10 penalty units.

Documentation

The Narcotics Act 1967 (1967 No. 3), the official version as at 31 December 2023, is the authority for the position stated. Whether a later Gazette amendment or a Head of State Order under section 5 of the Act has varied it since that date could not be established from the sources searched this session, so the position given is as at the version read and is not asserted as current beyond it. Import or export of fentanyl requires a licence granted by the Chief Executive Officer under sections 10(2) and 11; no Samoa specific traveller documentation requirement beyond this was located in the sources searched.

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.