Is Methamphetamine legal in Tonga?

Also known as: meth

Legal status

Named. Schedule 1 (section 2) of the Illicit Drugs Control Act, Act 7 of 2003, Cap. 4.06, 2020 Revised Edition, lists «Methamphetamine» and, as a separate entry, «Methamphetamine racemate» under Class A, in the subgroup headed «(FROM SCHEDULE II OF THE CONVENTION ON PSYCHOTROPIC SUBSTANCES, 1971)», alongside Amphetamine, Dexamphetamine, Fenetylline, Levamphetamine, Mecloqualone, Methaqualone, Methylphenidate, Phencyclidine, Phenmetrazine, Secobarbital and Zipeprol in the same subgroup. This subgroup sits before the Schedule's own «CLASS B12» heading, which the Act's own endnote records as inserted by Act 18 of 2012 and which introduces only the cannabis entries that follow it, so methamphetamine is a Class A drug throughout. The schedule's preamble states that drugs listed, designated by their international non-proprietary names, their isomers, esters and ethers, their salts and any preparations including any such substances, «are illicit drugs unless exempted by law». Two later amendment Acts, the Illicit Drugs Control (Amendment) (No.1) Act 2024 and the Illicit Drugs Control (Amendment) (No.2) Act 2024, could not be retrieved this session, both the direct PDF link and the containing legislation index returned HTTP 404, so whether either amended this Schedule 1 entry is not verified, not ruled out.

Consequences if caught

Class A penalty, amended, and a correction to the figure this entry previously carried. Sections 3 and 4 are two separate offences with two separate quantity structures, and methamphetamine's exposure differs between them. Section 3, unlawful import or export, had its single Class A paragraph (c) deleted and replaced by the Illicit Drugs Control (Amendment) Act 2020, Act 15 of 2020, its own section 3, with three tiers: «(c) in respect of a Class A drug in the quantity of less than 1 gram, to a fine not exceeding $10,000 or imprisonment for a term not exceeding 3 years or both; (d) in respect of a Class A drug in the quantity of 1 gram or more, to a fine not exceeding $1,000,000 or to imprisonment for any period not exceeding life or both; or (e) in respect of a Class A drug in the quantity of 28 grams or more, to life imprisonment». The 28 gram threshold and its life sentence, the maximum available at that tier, belong to this import or export offence only, and paragraph (e) carries no fine alternative, though the court retains ordinary sentencing discretion. Section 4, unlawful possession, manufacture, cultivation, use and supply, took a different amendment: Act 15 of 2020's own section 4 deleted the single Class A paragraph (iii) and replaced it with «(iii) in respect of a Class A drug in the quantity of less than 1 gram, to a fine not exceeding $10,000 or imprisonment for a term not exceeding 3 years or both; or (iv) in respect of a Class A drug in the quantity of 1 gram or more, to a fine not exceeding $1,000,000 or to imprisonment for any period not exceeding life or both». The Illicit Drugs Control (Amendment) Act 2021, Act 19 of 2021, its own section 3(c), then inserted a further tier, «(v) in respect of a Class A drug in the quantity of 5 kilograms or more, to life imprisonment», assented 28 October 2021. Section 4 therefore tops out at 5 kilograms, not 28 grams, and that top tier, like section 3's, is life imprisonment, the maximum available, with no fine alternative stated. The figure this entry previously carried, that possession of 28 grams of methamphetamine draws a life sentence or a fine of up to $1,000,000, conflated the two offences: 28 grams is section 3's import and export threshold, not a section 4 possession threshold, and section 4 has no 28 gram tier at all. It also mis-stated the tier it was describing: the Act's own words at the 1 gram or more tier read «or to imprisonment for any period not exceeding life or both», so a fine remains an alternative there; it is only the top tier, 5 kilograms for possession or 28 grams for import and export, that is life imprisonment with no fine alternative. A reader relying on the earlier figure for personal possession exposure was reading the import or export provision's threshold instead of section 4's own. Act 15 of 2020 also inserted a new section 4(2): possession of «a Class A drug in the quantity of 0.25 grams or more... shall be deemed to be supplying» it, so methamphetamine quantities far under a gram already carry the supply characterisation rather than simple possession.

If prescribed or medical

Methamphetamine has a narrow, named pharmaceutical form in some jurisdictions for severe attention deficit disorder and exogenous obesity, but no such prescribing regime is recorded in any instrument this session located for Tonga. Section 6 (international traveller's exemption) and section 7 (occupational and Ministry of Health exemption) of the Illicit Drugs Control Act are the only express lawful use routes under this Act. A search of the Drugs and Poisons Act, Act 11 of 1930 et seq. Cap. 79, 1988 Revised Edition (Schedule A and Part III), the Therapeutic Goods Act 2001, No. 3 of 2001, and the Therapeutic Goods Regulations 2011, 2020 Revised Edition, for a methamphetamine specific entry recorded none in any of the three, conducted earlier in this country's research; that search was not repeated here.

Documentation

Instrument read: Illicit Drugs Control Act, Act 7 of 2003, Cap. 4.06, 2020 Revised Edition, Schedule 1, pages 21 to 23 of the official Attorney General of Tonga PDF, 26 pages, read 2026-10-07, sha256 20f27664a1f9fe17aac59a72dec336857a3a89c0d782b8a4ad46cd0b53488b23; «Methamphetamine» and «Methamphetamine racemate» both found under the Schedule II Psychotropic Substances 1971 subgroup of Class A, the same subgroup that carries Phencyclidine. Amendment Acts read in full this session, both fetched fresh and hash verified: Illicit Drugs Control (Amendment) Act 2020, Act 15 of 2020, its own sections 3 and 4, 17 pages, sha256 55d9944a5d6d2189b6edf6dc6302b2b18c96061989449ef5ffda741a3ad5e0da; Illicit Drugs Control (Amendment) Act 2021, Act 19 of 2021, its own section 3(c), 6 pages, sha256 b8f37cc6a698940395e6172e27f3622d1bc24f5dca10ad73805701af3615bad6. The two 2024 amendment Acts, Illicit Drugs Control (Amendment) (No.1) Act 2024 and Illicit Drugs Control (Amendment) (No.2) Act 2024, returned HTTP 404 from both the direct PDF link and the containing legislation index this session, so any further change they made to this entry or these penalty bands is not verified. Tonga's currency is the pa'anga, ISO code TOP; the Act's own text states only the symbol $ throughout sections 3 and 4 without separately defining it.

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