Is Fentanyl legal in Solomon Islands?

Also known as: fent

Legal status

Controlled. Fentanyl is a named drug in the proclamation of 21 September 1987 (LN 101 of 1987) applying Part III of the Dangerous Drugs Act (Cap. 98, reprint as in force at 1 October 2009) under section 13(2). Paragraph 1 of the schedule, printed page 2822 of the 1996 Revised Edition, lists 'Fentanyl', between 'Etoxeridine' and 'Furethidine'. 'Sufentanil' is a separate entry on the same page and is not the answer for fentanyl. Paragraph 2 extends Part III to any stereoisomeric form of a paragraph 1 substance, paragraph 3 to esters and ethers, paragraph 4 to salts and paragraph 5 to preparations. Paragraph 5 of the 1987 schedule (and paragraph 9 for the second list) reaches 'any preparations or other product containing a substance' of the earlier paragraphs but excludes 'a preparation specified in Schedule 1'; no Schedule 1 appears in the pages read and no order under section 13(3) was read, so which preparations are outside the control is not established. LN 6 of 1988 paragraphs (d) and (h) (printed page 2824) refer instead to 'the Schedule to the Proclamation referred to in paragraph (a)', so 'Schedule 1' in LN 101 paragraphs 5 and 9 may mean the paragraph 1 list of that Schedule; no instrument read states that reading. Analogues of fentanyl that are not printed in the schedule are not claimed here; only the named entry and its salts, stereoisomers, esters, ethers and preparations are. The named entry governs and no generic clause is needed. The Poisons List in Schedule B of the Pharmacy and Poisons Act does not name fentanyl.

Consequences if caught

Fentanyl as a Part III drug through the proclamation: Personal possession: section 20 makes it an offence against the Act when a Part III drug is found in a person's possession or kept in any place other than the appointed store, unless he can prove that it was obtained under the authority of the Act, or in accordance with the prescription of a registered medical practitioner, or from a person having authority to sell it, or was deposited there without his knowledge or consent. The burden of proof is on the accused and the section sets no quantity threshold. Possession for supply and trafficking: the Act's text states no separate offence of possession for supply or of trafficking for Part III drugs. Sale and distribution: these are left to rules the Minister may make under section 15(1)(b), and the only rules located are the 2025 methylamphetamine rules, so a sale offence for this substance is not verified beyond the general offence in section 39(1)(a) of contravening the Act or a rule under it. Import and export are two separate offences: sections 14, 23, 25, 28 and 30 prohibit them except in accordance with sections 22 to 30, section 3 limits entry and exit to a port approved by notice, and a person exporting in contravention is also liable under section 35(2) to forfeit treble the value of the goods or 2,000 penalty units at the option of the Comptroller of Customs and Excise. Manufacture: section 15(1)(a) lets rules prohibit manufacture except on licensed premises, and the Act's text states no manufacture offence itself. Cultivation: fentanyl is synthetic and no cultivation offence applies to it. Use or consumption: the instruments read state no separate offence of use for Part III drugs, so possession under section 20 is the exposure. Administrative offences: section 39(1)(b) and (c) cover breach of licence conditions and false statements to obtain a licence or authority. Penalty: no penalty is otherwise prescribed, so section 39(2) applies to each offence, namely on conviction by the court sitting with assessors a fine of 100,000 penalty units or imprisonment for ten years or both, and on summary conviction a fine of 5,000 penalty units or imprisonment for six months or both, with forfeiture of all articles in respect of which the offence was committed. Fine and imprisonment may be cumulative ('or to both such fine and imprisonment'). Section 39(4) gives attempting, soliciting and inciting the same punishment, and section 39(3) requires the consent of the Director of Public Prosecutions for proceedings under section 39(1)(a). The Act's drug provisions state no death penalty. The Act does not state the value of a penalty unit and none is converted here.

If prescribed or medical

The medical route is in the Dangerous Drugs Act itself. Section 15(1)(c) lets the Minister make rules regulating the issue by medical practitioners of prescriptions containing a Part III drug and the dispensing of them, and section 15(2) requires the rules to authorise a pharmaceutical chemist or chemist and druggist to retail, dispense or compound such drugs in the ordinary course of business. Section 19 limits withdrawal from the store to a registered medical practitioner, licensed pharmacist, registered dentist, qualified veterinary surgeon, an approved plantation hospital attendant, or a person approved for recognised Mission medical work. Section 20 treats possession in accordance with the prescription of a registered medical practitioner as a matter the accused may prove. Section 39(3) bars imprisonment without the option of a fine, and caps the fine at 100 penalty units, for an inadvertent breach of the rules on keeping books or on prescriptions. Rules under section 15 other than the 2025 methylamphetamine rules were not located, so the detailed prescription rules for fentanyl are not verified. The Pharmacy and Poisons Act (Cap. 105, reprint as in force 5 February 2024) also speaks to prescriptions for these drugs in its own text. Section 36(4) reads 'A prescription which does not comply with the provisions of this section shall not be accepted by any pharmacist as authority for the sale or supply of any medicine or drug'. Section 37(2) reads that every prescription 'containing any of the drugs to which any Act as to the sale of dangerous drugs, for the time being in force, relates, shall be retained in the custody of the pharmacist dispensing the same for a period of two years and filed in the pharmacy'. Section 38(c) provides that a pharmacist shall not 'permit any person, other than a registered pharmacist, to dispense or compound any prescription or supply any medicine or drugs containing any of the dangerous drugs to which subsection (2) of section 37 relates'. The Fourth Schedule to the Poisons Rules (1996 Revised Edition, printed pages 3019 to 3042) was read from the page images and does not list fentanyl by name; it does list 'Sufentanil' (page 3040), a different substance. So rule 11, which forbids sale of a Fourth Schedule poison except on prescription, is not shown to reach fentanyl, and the medical route for fentanyl rests on the Dangerous Drugs Act provisions above. Whether other poisons rules or a later amendment add it is not established.

Documentation

Importing fentanyl as a Part III drug requires an import authorisation in Form C granted by the Permanent Secretary, Ministry of Health and Medical Services under section 26, and section 28 provides that no dangerous drug shall be imported unless the person to whom it is consigned holds a valid and subsisting import authorisation. Section 29 requires an export authorisation or diversion certificate from a country party to the Convention to accompany the drug, and section 31 sets the transit conditions. The only quantity exemption from the transit rules is section 31(5), for quantities that bona fide form part of the medical stores of a ship or aircraft. The sections read state no exemption for a traveller's personal supply, so none is established, and the Convention as defined in section 2 names only the 1912, 1925 and 1931 instruments. The Poisons List (Schedule B) and the Fourth Schedule do not name fentanyl, so no poisons licence provision is shown to apply to its import. A reported Dangerous Drugs (Amendment) Bill 2025 was not read.

Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with Solomon Islands’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.