Is Peyote legal in Samoa?

Also known as: lophophora williamsii, mescal buttons

Legal status

Peyote is reached by the Narcotics Act 1967 through its definition clause rather than through a schedule entry. Section 2 defines a prohibited plant to include, at paragraph (d), 'a plant of the species lophophora williamsii or lophophora lewinii', and separately defines 'Narcotic' to mean 'a plant, drug, substance, preparation, mixture or article specified or described in the First, Second and Third Schedules and includes a prohibited plant'. Because a prohibited plant is itself within the definition of narcotic, the Lophophora species named in paragraph (d), the botanical genus from which the peyote cactus and its mescaline content are obtained, is brought inside the Act's narcotic offences directly by this definitional route, without a separate schedule listing by the common name peyote. The primary text does not use the word peyote itself or separately verify which commercial or ceremonial product corresponds to the named species, and whether this clause has ever been applied to a peyote product in Samoan practice is not established from the sources searched.

Consequences if caught

As a prohibited plant falling within the definition of narcotic, cultivating Lophophora williamsii or Lophophora lewinii, or possessing its seed, is an offence under section 6, carrying imprisonment of up to 14 years, or, where 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). Because the plant and anything derived from it falls within the general definition of narcotic, possessing, using, or supplying material from the plant would also fall within sections 7 and 18, carrying imprisonment of up to 7 years as an unscheduled narcotic under section 18(c), since Lophophora is reached through the prohibited plant limb of the definition rather than through a First, Second, or Third Schedule class assignment.

If prescribed or medical

Section 6(3)(a) provides a defence where the defendant cultivated the plant or possessed its seed under the conditions of a licence granted by the Chief Executive Officer. No separate medicine approval for a peyote or mescaline derived product was located under the Pharmacy Act 2007.

Documentation

No traveller or ceremonial use exemption naming peyote was located in the Narcotics Act 1967, and section 10(1) separately prohibits importing or exporting any prohibited plant into or from Samoa. A traveller should treat peyote, mescaline containing cactus material, or seed of the named Lophophora species as controlled and confirm current treatment with Samoa's Ministry of Health before any attempt to bring it into or out of Samoa.

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.