Is GHB legal in American Samoa (US)?

Legal status

GHB is controlled federally and locally. Federal Schedule I under the Controlled Substances Act, 21 CFR 1308.11(e), DEA code 2010, listed as Gamma-hydroxybutyric acid, and separately controlled under the American Samoa Code Annotated, title 13, chapter 10.

Consequences if caught

The federal Controlled Substances Act applies here. 21 U.S.C. 802(26) defines the term State to mean 'a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States', so the federal schedules and the federal offences reach this territory directly. Federally this is a Schedule I controlled substance, 21 CFR 1308.11(e), DEA code 2010, listed as Gamma-hydroxybutyric acid. Federal simple possession is 21 U.S.C. 844(a). A first offence carries 'a term of imprisonment of not more than 1 year, and shall be fined a minimum of $1,000, or both'. The American Samoa Code Annotated, title 13, chapter 10 applies as well. Section 13.1022(a) of that chapter reads 'Except as authorized by the director, it is unlawful for a person to possess a controlled substance'. The penalty provision was not read here, so no territorial penalty figure is stated. Two statutes reach the same conduct here, the federal Act and the territory's own, and which one is charged decides the exposure. Which prosecutor takes a given case, and on what criteria, was not established here.

If prescribed or medical

Gamma hydroxybutyric acid is Schedule I, while an FDA-approved sodium oxybate medicine is separately scheduled and dispensed under a restricted programme. A traveller cannot carry the Schedule I substance on a prescription.

Documentation

Carry any prescribed medicine in its original packaging with the prescription. Bringing a controlled substance into this territory from the mainland United States or from abroad engages federal importation and customs provisions as well as the territorial law, and neither was read here.

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