Is Mescaline legal in Samoa?

Legal status

Mescaline is controlled under the Narcotics Act 1967, the official version as at 31 December 2023. First Schedule item 19, Class A narcotics, names "MESCALINE (3,4,5-trimethoxyphenethylamine)" directly, as the isolated chemical substance. Separately, section 2's definition of "prohibited plant" names, at paragraph (d), "a plant of the species lophophora williamsii or lophophora lewinii", the peyote cactus species from which mescaline is naturally derived; because a prohibited plant is itself within the definition of narcotic, the living or harvested peyote plant is independently reached through that definitional route. Mescaline itself, whether extracted from a plant or synthesised, is reached directly by the First Schedule item 19 listing regardless of its source.

Consequences if caught

As a Class A narcotic, dealing in, possessing, selling, supplying or using mescaline carries imprisonment for life under section 18, with the same exposure 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. Growing a plant of the species Lophophora williamsii or Lophophora lewinii, or possessing its seed, is instead an offence under section 6 as a prohibited plant, carrying imprisonment of up to 14 years, or, if the Court finds the offence was not wilful, a fine of up to 20 penalty units or imprisonment of up to 2 years or both under section 6(2), a lower band than the Class A exposure that applies to the isolated mescaline chemical.

If prescribed or medical

Section 6(3)(a) provides a defence to the cultivation offence where the defendant cultivated the plant or possessed its seed under the conditions of a licence granted by the Chief Executive Officer. Section 7(2)(c) separately exempts a person from the general possession and use prohibition where the narcotic was supplied, or prescribed, by a licensee authorised under section 11 to supply or prescribe narcotics. Mescaline has no recognised Samoa medical approval; no Pharmacy Act 2007 or Drugs Act 1967 approval naming mescaline was located in the sources searched.

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. Section 10(1) separately prohibits importing or exporting any prohibited plant, including peyote, into or from Samoa outright; import or export of the isolated mescaline chemical as a First Schedule narcotic otherwise 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.