Is Khat legal in Samoa?

Also known as: qat, miraa, quaadka

Legal status

Controlled as a Class C narcotic. Third Schedule item 1 of the Narcotics Act 1967 (official version as at 31 December 2023) names «CATHA EDULIS PLANT» directly, by plant name, with no chemical formula needed. Catha edulis is not on the section 2 "prohibited plant" list (cannabis, opium poppy, coca-genus plants, Lophophora species and specified fungi only), so sections 6 and 10(1), which apply only to a section 2 prohibited plant, do not reach khat; its import, export, possession, supply and use are instead governed by the general narcotic provisions at sections 10(2), 17 and 18, at the Class C band fixed for the Third Schedule. The leaf naturally contains cathinone and cathine, separately named at Second Schedule items 8 and 21 ("NORPSEUDOEPHEDRINE... including cathine") as Class B narcotics; the specifically named plant entry governs the whole leaf at Class C, while cathinone or cathine isolated or extracted from the leaf would carry the heavier Class B band under the Second Schedule. Section 18A(2) excludes the cultivation of a plant from the definition of manufacture, so growing khat is not itself unlawful manufacture under section 18A, but possessing, dealing in, supplying or using the growing or harvested plant remains caught by section 18.

Consequences if caught

Section 18 makes dealing in, possessing, supplying or using the Catha edulis plant, as a Class C narcotic, punishable by imprisonment for a term not exceeding 7 years; section 17 carries the same 7-year maximum for unlicensed import or export at the Class C band. If cathinone or cathine is isolated from the leaf rather than possessed as the plant itself, sections 17 and 18 instead carry the Class B maximum of 14 years. The section 18 proviso (a fine not exceeding 5 penalty units or imprisonment not exceeding 2 years, or both) applies only to a non-wilful or procedural contravention.

If prescribed or medical

No medical or prescription use of khat is documented. Section 7(2)(c) exempts supply by, or on the prescription of, a Chief Executive Officer licensee authorised to supply or prescribe narcotics; no such authorisation was located.

Documentation

Import or export of a Class C narcotic requires a Chief Executive Officer licence under sections 10(2) and 11; because khat is not a section 2 prohibited plant, the absolute import ban at section 10(1) does not apply to it, but the general licensing requirement does.

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.