Is Tobacco legal in Samoa?

Legal status

Tobacco is not a narcotic under the Narcotics Act 1967; that Act was searched across all pages for tobacco related terms and returned no hits, and tobacco is not a prohibited plant under section 2. Separate legislation, the Tobacco Control Act 2008 (2008 No. 26), governs tobacco products. Section 2 of that Act defines a tobacco product to mean 'any product made or manufactured from tobacco and intended for use by smoking, inhalation, or mastication and includes electronic nicotine and non nicotine delivery systems and nasal and oral snuff but does not include any medicine that is sold or supplied wholly or principally for use as an aid in giving up smoking'. The Drugs Act 1967 also addresses tobacco, cigars, and cigarettes within its own broader medicines framework.

Consequences if caught

Part 4 of the Tobacco Control Act 2008 prohibits smoking in a workplace, with a fine of up to 10 penalty units for the smoker under section 11(2) and up to 20 penalty units for an employer who fails to prevent it under section 12(2). Section 23 prohibits selling a tobacco product to a person under 21 years, carrying a fine of up to 1,000 penalty units under section 23(6), and section 23A separately prohibits a person below the age of 15 from selling any tobacco product, carrying a fine of up to 1,000 penalty units under section 23A(2). Sections 24 and 25 add further offences, each carrying fines of up to 1,000 penalty units, for selling cigarettes or loose tobacco in small quantities and for selling through vending machines or other unsupervised means.

If prescribed or medical

A smoking cessation medicine sold or supplied wholly or principally to help a person give up smoking is expressly excluded from the Tobacco Control Act 2008's tobacco product definition in section 2 and is instead assessed under the Pharmacy Act 2007's ordinary medicine approval framework.

Documentation

No personal travel allowance for tobacco products is stated in the Tobacco Control Act 2008; retail sale, packaging, and advertising are regulated under Parts 4 to 5A of that Act. A traveller bringing tobacco products into Samoa should confirm current customs duty and quantity limits with Samoa Customs before travel.

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.