Chapter 10 - Medicine and Drugs

Chapter 10 - Medicine and Drugs

13.1001 Definitions.


As used in this chapter, unless the context otherwise requires:

(a) “Controlled substance” means a drug, substance, or immediate precursor listed in 13.1004 through 13.1014.

(b) “Deliver” means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.

(c) “Director” means the Director of Medical Services.

(d) “Dispense” means to deliver a controlled substance to an ultimate user or research subject, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery.

(e) “Distribute” means to deliver other than by administering or dispensing a controlled substance.

(f) “Drug” means substances recognized as drugs in the official United States Pharma-copoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; and substances (other than food) intended to affect the structure of any function of the body of man or animals; and substances intended for use as a component of any articles specified in this paragraph. It does not include devices or their components, parts, or accessories.

(g) “Manufacture” means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.

(h) “Marijuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

(i) “Narcotic drug” means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(1) opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate;

(2) any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (i) (1), but not including the isoquinoline alkaloids of opium;

(3) opium poppy and poppy straw;

(4) coca leaves and any salt, compound, derivative, or preparation of coca leaves and any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocanized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine.

(j) “Opiate” means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under sections of this chapter, the dextrorotatory isomer of 3-methoxy-n-methylmor-phinan and its salts (dextromenthorphan). It does include its racemic and levorotatory forms.

(k) “Opium poppy” means the plant of the species Papaversomniferum L., except its seeds.

(l) “Poppy straw” means all parts, except the seeds, of the opium poppy, after mowing.

(m) “Produce” includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.

13.1002 Authority to control.


(a) The Director shall administer this chapter and may add substances to or delete substances enumerated in 13.1004 through 13.1014 pursuant to the procedures of the Administrative Procedure Act, 4.1001 et seq. In making a determination regarding a substance, the Director shall consider the following:

(1) the actual or relative potential for abuse;

(2) the scientific evidence of its pharmacological effect if known;

(3) the state of current scientific knowledge regarding the substance;

(4) the history and current pattern of abuse;

(5) the scope, duration, and significance of abuse;

(6) the risk to the public health;

(7) the potential of the substance to produce psychic or physiological dependence liability; and

(8) whether the substance is an immediate precursor of a substance already controlled under this chapter.

(b) After considering the factors enumerated in subsection (a), the Director shall make findings with respect thereto and issue a rule controlling the substance if he finds the substance has a potential for abuse.

13.1003 Confidentiality.


Persons engaged in treating a user of controlled substances under authority of the Director may not be compelled to reveal the name of the user where the user has voluntarily applied for help.

13.1004 Opiates.


Controlled substances include any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:

Acetylmethadol

Allylprodine

Alphacetylmethadol

Alphameprodine

Alphamethadol

Betacetylmethadol

Betameprodine

Betamethadol

Betaprodine

Clonitazene

Dextromoramide

Dextrorphan

Diampromide

Diethylthiambutene

Dimenoxadol

Dimepheptanol

Dimethylthiambutene

Dioxaphetyl butyrate

Dipipanone

Ethylmethylthiambutene

Etonitazene

Etoxeridine

Furethidine

Hydroxype thidine

Ketobemidone

Levomoreamide

Levophenacylmorphan

Morpheridine

Noracymethadol

Norlevorphanol

Normethadone

Norpipanone

Phenadoxone

Phenampromide

Phenomorphan

Phenoperidine

Pintramide

Proheptazine

Properidine

Racemoramide

Senzethidine

Trimeperidine

13.1005 Opium derivatives.


Controlled substances include any of the following opium derivatives, their salts, isomers and salts of isomers, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

Acetorphine

Acetyldihydrocodeine

Benzylmorphine

Codeine methylbromide

Codeine-N-Oxide

Cyprenorphine

Desomorphine

Dihydromorphine

Etorphine

Heroin

Hydromorphinol

Methyldesorphine

Methyldihydromorphine

Morphine methylbrornide

Morphine methylsulfonate

Morphine-N-Oxide

Nicocodeine

Nicomorphine

Normorphine

Phoclodine

Thebacon

13.1006 Hallucinogens.


Controlled substances include any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

3, 4-methylenedioxy amphetamine

5-methoxy-3, 4-methylenedioxy amphetamine

3, 4, 5-trimethoxy amphetamine

Bufotenine

Diethyltryptamine

Diethyltryptamine

4-methyl-2, 5-dimethoxyl-amphetamine

Ibogaine

Lysergic acid diethylamide

Marijuana

Mescaline

Peyote

N-ethyl-3-piperidyl benzilate

N-methyl-3-piperidyl benzilate

Psilocybin

Tetrahydrocannabinols

13.1007 Extracted or chemically made substances.


Controlled substances include any of the following substances, except those narcotic drugs otherwise listed in this chapter, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:

(1) opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate;

(2) any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (1), but not including the isoquinoline alkaloids of opium;

(3) opium poppy and poppy straw;

(4) coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocanized coca leaves or extractions which do not contain cocaine or ecgonine.

13.1008 Additional opiates.


Controlled substances include any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:

Aiphaprodine

Anileridine

Bezitramide

Diphenoxylate

Fentanyl

Isomethadone

Levomethorphan

Levorphanol

Metazocine

Methadone

Methadone-Intermediate, 4-cyano-2-dimethy-lamino-4, 4-diphenyl butane

Moramide-Intermediate, 2-methyl-3-morphol-ino-l, l-diphnyl-propane-carboxylic acid

Pethidine

Pethidine-Intermedia te-A, 4-cyano- 1 -methyl-4 phenylpiperidine

Pethidine-I ntermediate-B, ethyl-4-phenyl-piperidine-4-carboxylate

Pethidine-Intermediate-C, 1 -methyl-4-phenyl-piperidine-4 carboxylic acid

Phenazecine

Piminodine

Racemethorphan

Racemorphan

13.1009 Stimulants.


Controlled substances include any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:

(1) amphetamine, its salts, optical isomers, and salts of its optical isomers;

(2) phenmetrazine and its salts;

(3) any substance which contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers;

(4) Methylphenidate.

13.1010 Depressants.


Unless listed otherwise in this chapter, controlled substances include any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

(1) any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances which are specifically otherwise listed in this chapter, or

(2) Chlorhexadol

Glutethimide

Lysergic acid

Lysergic acid aminde

Methyprylon

Phencyclidine

Sulfondiethylmethane

Sulfonethylmethane

Sulfonmethane

13.1011 Nalorphine.


Controlled substances include nalorphine.

13.1012 Narcotic drugs in limited amounts.


Controlled substances include material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:

(1) not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;

(2) not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(3) not more than 300 milligrams of dihydrocodeinone, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;

(4) not more than 300 milligrams of dihydrocodeinone, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(5) not more than 1.8 grams of dihydrocodeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(6) not more than 300 milligrams of ethylmorphine, or any of its salts, per 100 milli-liters or not more than 15 milligrams per dosage unit, with one or more ingredients in recognized therapeutic amounts;

(7) not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(8) not more than 50 milligrams of morphine, or any of its salts, per 100 milliliters or per 100 grams with one or more active, non-narcotic ingredients in recognized therapeutic amounts.

13.1013 Barbiturates.


Controlled substances include any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

Barbital

Chloral betaine

Chloral hydrate

Ethchlorvynol

Ethinamate

Methohexital

Meprobamate

Methylphenobarbital

Paraeldehyde

Petrichloral

Phenobarbital

13.1014 Combinations with nonnarcotics.


Controlled substances includes any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, which also contains one or more non-narcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone:

(1) not more than 200 milligrams of codeine, or any of its salts, per 100 milliliters or per 100 grams;

(2) not more than 100 milligrams of dihydrocodeine, or any of its salts, per 100 milliliters or per 100 grams;

(3) not more than 100 milligrams of ethyl-morphine, or any of its salts, per 100 milliliters or per 100 grams;

(4) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;

(5) not more than 100 milligrams of opium per 100 milliliters or per 100 grams.

13.1020 Prohibited actions.


(a) Except as authorized by the Director, it is unlawful for any person to deliver, dispense, distribute, possess with intent to deliver, dispense, or distribute, produce, or manufacture a controlled substance. In determining whether a controlled substance is possessed with intent to deliver, dispense, or distribute, a court should consider, in addition to all other logically relevant factors, the following:

(1) statements by the owner or by anyone in control of the controlled substance:

(2) the amount possessed and its consistency or inconsistency with personal use:

(3) the presence of paraphernalia commonly used in preparing, packaging, or subdividing controlled substances for distribution, dispensing, or delivering; and or

(4) the presence of apparent proceeds or records of distribution, dispensing, or delivering of controlled substances.

(b) Any person who violates this section is guilty of a crime, and upon conviction may be imprisoned for not more than 20 years, or fined not more than $20,000, or both.

(c) Any person who violates this section by delivering, dispensing, distributing, producing, manufacturing or who attempts to deliver dispense, distribute, produce, or manufacture a controlled substance in any school or on any school campus in the Territory is quilty of a crime and upon conviction shall be imprisoned for a mandatory term of 10 years without the possibility of parole, and fined $10,000.00.

13.1021 Counterfeiting controlled substance unlawful.


(a) Except as authorized by the Director, it is unlawful for any person to deliver, dispense, distribute, produce, manufacture, or possess with intent to deliver, dispense, distribute, produce, or manufacture a counterfeit of a controlled substance.

(b) Any person who violates this section is guilty of a crime, and upon conviction may be imprisoned for not more than 10 years, or fined not more than $10,000, or both.

13.1022 Possession of controlled substance unlawful.


(a) Except as authorized by the director, it is unlawful for a person to possess a controlled substance.

(b) A person who violates this section is guilty of a felony and shall be punished as follows:

(1) for a first offense, a fine not less than $5,000 and not more than $20,000 or not less than 5 years and not more than 10 years in prison, or both;

(2) for a second offense, a fine not less than $20,000 and not more than $30,000 or not less than 10 years and not more than 20 years in prison, or both; and

(3) for a third offense, a fine not less than $30,000 and not more than $40,000 or not less than 15 years and not more than 30 years in prison, or both;

There shall be no parole for a conviction under this section.

(c) The above penalties are mandatory.

13.1023 Subsequent offenses.


(a) Any person convicted of a second or subsequent offense under this chapter may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both.

(b) An offense is considered a second or subsequent offense if, prior to his conviction of the offense, the offender has at any time been convicted under this subchapter or under any statute of the United States or of any state relating to narcotic drugs, marijuana, depressant, stimulant or hallucinogenic drugs.

13.1030 Powers of authorities.


Any employee of the Government of American Samoa who is commissioned or duly authorized to make arrests within the jurisdictional boundaries of his agency, which includes but is not limited to, territorial police, customs inspectors, immigration officers, agriculture inspectors and airport police may:

(1) make arrests without warrant for any offenses under this chapter committed in his presence, or if he has probable cause to believe that the person to be arrested has committed or is committing a violation of this chapter which may constitute a felony;

(2) make seizures of property pursuant to this chapter.

13.1031 Restraint or injunction of violations.


The High Court may exercise jurisdiction to restrain or enjoin violations of this chapter.

13.1032 Forfeiture—Substances subject to.


The following are subject to forfeiture:

(1) all controlled substances which have been manufactured, distributed, dispensed or acquired in violation of this chapter;

(2) all raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance in violation of this chapter;

(3) all property which is used, or intended for use, as a container for property described in paragraph (1) or (2);

(4) all conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, for the purpose of sale or receipt, of property described in paragraph (1) or (2); but:

(A) no conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter;

(B) no conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without this knowledge or consent;

(c) a forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the act or omission;

(5) all books, records, and research products and materials, including formulas, microfilm, tapes, and data which are used, or intended for use, in violation of this chapter.

13.1033 Forfeiture--Seizure without process.


(a) Property subject to forfeiture under this chapter may be seized by the Territorial police upon process issued by any appropriate court having jurisdiction over the property. Seizure without process may be made if:

(1) the seizure is incident to an arrest or a search under a search warrant;

(2) the property subject to seizure has been the subject of a prior judgment in favor of the territory in a criminal injunction or forfeiture proceeding based upon this chapter:

(3) any employee authorized under 13.1030 has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or

(4) any employee authorized under 13.1030 has probable cause to believe that the property was used or is intended to be used in violation of this chapter.

(b) In the event of seizure pursuant to this section, proceedings under subsection (c) shall be instituted promptly.

(c) Property taken or detained under this section or 13.1032, 13.1034 and 13.1035 is not subject to replevin, but is deemed to be in the custody of the Territorial police subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under this chapter, the Territorial police may:

(1) place the property under seal; or

(2) remove the property to a place designated by it.

(d) When property is forfeited under this chapter, the territorial police may:

(1) retain it for official use;

(2) sell that which is not required to be destroyed by law and which is not harmful to the public. The proceeds shall be used for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising and court costs.

13.1034 Forfeiture--Contraband.


Controlled substances that are possessed, transferred, sold, or offered for sale in violation of this chapter are contraband and shall be seized and summarily forfeited to the territory. Controlled substances which are seized or come into the possession of the territory, the owners of which are unknown, are contraband and shall be summarily forfeited to the territory. Controlled substances which are unknown are contraband and shall be summarily forfeited to the Territory.

13.1035 Forfeiture--Seizure of plants providing derivatives.


Species of plants from which controlled substances may be derived, which have been planted or cultivated in violation of this chapter, or of which the owners or cultivators are unknown, or which are wild growth, may be seized and summarily forfeited to the territory.

13.1036 Burden of proof.


(a) It is not necessary for the territory to negate any exemption or exception in this chapter in any complaint, information, or other pleading, or in any trial, hearing, or other proceeding under this chapter. The burden of any exemption or exception is upon the person claiming it.

(b) In the absence of proof that a person is duly authorized to deliver, dispense, produce, manufacture or possess a controlled substance under this chapter, he is presumed not to be authorized. The burden of proof is upon him to rebut the presumption.

13.1037 Liability of officials.


No liability is imposed by this chapter upon any authorized Territorial officer engaged in the lawful performance of his duties.

13.1040 Import and sale of drugs and medicines--Permission required.


No person may import or sell in American Samoa any medicines or drugs, including patent medicines, unless permission to do so has been granted under regulations approved by the Governor.

13.1041 Export of drugs, medicine and medical supplies—Permission required.


No person may export any medicines, drugs or other supplies originally obtained from the Department of Medical Services without the written permission of the Director.

13.1042 Violation—Penalty.


Any person who violates any provision of this chapter, or who aids or abets any other person to violate it, shall be guilty of a class D felony and upon conviction, sentenced accordingly.