Arrangement of Provisions

1. Short title and
commencement
2. Interpretation
3. Classification of narcotics
4. Head of State may amend
lists of narcotics or
prohibited plants
5. Unlawful cultivation of
prohibited plants
6. Possession and use of
narcotics
7. Supplies of narcotics or
controlled precursors for
ships, aircraft and first aid
kits
8. Restrictions on the import
and export of narcotics and
controlled precursors
9. Licences to deal in
narcotics or any controlled
quantity of any controlled
precursors
10. Miscellaneous offences
11. Insertion of ―controlled
precursor‖
12. Penalty for illegal import
or export of narcotics
13. Penalty for illegal import
or export of controlled
precursors
14. Penalty for unlawful
supply or possession of
narcotics
15. Unlawful manufacture of a
narcotic
16. Unlawful sale,
manufacture, supply or
possession of a controlled
precursor
17. General penalty for breach
of Act
18. Confiscation and forfeiture
of tainted property
19. Mandatory reporting of
suspicion of illegal use of a
narcotic or controlled
precursor
20. Insertion of ―controlled
precursor or controlled
quantity of a controlled
precursor‖
21. Schedules
22. Consequential amendment

__________




2 Narcotics Amendment 2009, No. 17

2009, No. 17

AN ACT to amend the Narcotics Act 1967, and for related
purposes. [27th
October 2009]

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:
1. Short title and commencement-(1) This Act may be
cited as the Narcotics Amendment Act 2009 and shall be read
together with and form part of the Narcotics Act 1967
(hereinafter referred to as the Principal Act).
(2) This Act commences on a date to be nominated by the
Minister.

2. Interpretation - Section 2 of the Principal Act is
amended by:
(a) inserting the following words and their
interpretations in alphabetical order:
――Class A narcotics‖ means the narcotics specified or
described in the First Schedule;
――Class B narcotics‖ means the narcotics specified or
described in the Second Schedule;
――Class C narcotics‖ means the narcotics specified or
described in the Third Schedule;
――Dentist‖ has the meaning given by the Dental
Practitioners Act 2007;
――Medical practitioner‖ has the meaning given by the
Medical Practitioners Act 2007;
――Nurse‖ has the meaning given by the Nursing and
Midwifery Act 2007;
――Pharmacist‖ has the meaning given by the Pharmacy
Act 2007.‖

(b) substituting the interpretations of ―controlled
precursor‖, ―Narcotic‖ and ―Prohibited plant‖
with the following interpretations:




2009, No. 17 Narcotics Amendment 3

――Controlled precursor‖ means a substance:
(a) specified or described in the Fourth Schedule; or
(b) prescribed by the Head of State under
section 5(3);
――Narcotic‖ means a plant, drug, substance, preparation,
mixture or article specified or described in the First,
Second and Third Schedules and includes a
prohibited plant;
――Prohibited plant‖ means:
(a) a plant of the genus cannabis; or
(b) a plant of the species papaver somniferum; or
(c) erythroxylon coca and erythroxylon
novagranatense (syn E truxillense) and every
other species of the genus erythroxylon from
which a narcotic can be produced; or
(d) a plant of the species lophophora williamsii or
lophophora lewinii; or
(e) a fungus of the genera conocybe, panaeolus or
psilocybe from which a narcotic can be
produced or which contains a narcotic; or
(f) any other plant approved by the Minister by
notice issued to that effect.‖.

3. Classification of narcotics – The Principal Act is
amended by inserting after section 4 the following:

“4A. Classification of narcotics – When considering
the appropriate sentence or any other relevant matter, the
classification of narcotics under this Act is based on the risk
of harm the narcotic poses to individuals, or to society, by
its misuse, and accordingly:
(a) narcotics that pose a very high risk of harm are
classified as Class A narcotics; and
(b) narcotics that pose a high risk of harm are
classified as Class B narcotics; and
(c) narcotics that pose a moderate risk of harm are
classified as Class C narcotics.‖


4 Narcotics Amendment 2009, No. 17

4. Head of State may amend lists of narcotics or
prohibited plants-(1) Section 5 of the Principal Act is amended
by:
(a) deleting the words ―preparation or substance
from the list of narcotics set out in the First
Schedule or the Second Schedule to this
Act,‖ in subsection (1) and inserting the
words ―preparation or substance from the list
of narcotics specified or described in the
First, Second or Third Schedule to this Act,‖;
and
(b) deleting subsection (3) and inserting the
following:

“(3) The Head of State, acting on the advice of Cabinet,
may by order add a new substance to the Fourth Schedule or
amend or omit a substance that is listed in the Fourth
Schedule.‖

5. Unlawful cultivation of prohibited plants – Section 6 of
the Principal Act is amended by:
(a) deleting the words ―7 years‖ in subsection (1)(b)
and inserting the words ―14 years‖;
(b) deleting the words ―2 penalty units‖ and ―3
months‖ in subsection (2) and inserting the
words ―20 penalty units‖ and ―2 years‖
respectively.

6. Possession and use of narcotics – Section 7 of the
Principal Act is deleted and substituted with the following:

“7. Possession and use of narcotics-(1) No person
shall:
(a) knowingly be in possession of, or attempt to
obtain possession of, any narcotic; or
(b) knowingly procure, consume, smoke or
otherwise use, any narcotic; or
(c) attempt to supply or administer, or supply or
administer, any narcotic to or on any other



2009, No. 17 Narcotics Amendment 5

person, or otherwise deal in the narcotic in
any other manner,
unless expressly exempted under subsection (2).
(2) A person is exempted from subsection (1) if:
(a) he or she is entitled to import or export that
narcotic; or
(b) he or she is licensed to deal in that narcotic; or
(c) the narcotic was supplied for his or her use, or for
the treatment of some animal under his or her
care, by a licensee, or pursuant to the
prescription of a licensee, authorised to
supply or prescribe narcotics for that
purpose; or
(d) his or her possession is for or on behalf of a
person lawfully entitled to the possession of
that narcotic; or
(e) his or her possession is permitted by the
regulations; or
(f) he or she has the narcotic as a sample or for
analysis under the Food and Drugs Act 1967;
or
(g) he or she is in the service or an agent of the
Government and his or her possession is for
the purpose of investigating an offence or
alleged offence or the prosecution of any
person; or
(h) he or she is lawfully in possession of the narcotic
pursuant to an authority or supply granted or
issued under section 8 or section 9 of this
Act,
and the onus is on the person to prove that the person falls
within any of the exemptions in this subsection.‖

7. Supplies of narcotics or controlled precursors for
ships, aircraft and first aid kits - Section 9 of the Principal
Act is amended by inserting the words ―or controlled
precursors‖ after every mention of the word ―narcotics‖.



6 Narcotics Amendment 2009, No. 17

8. Restrictions on the import and export of narcotics and
controlled precursors - Section 10 of the Principal Act is
amended by:
(a) deleting the heading of the section and inserting
“Restrictions on the import and export of
narcotics and controlled precursors”; and
(b) deleting the words ―any other narcotic named or
described in the First Schedule to this Act‖ in
subsection (2) and inserting the words ―any
narcotic specified or described in the First,
Second or Third Schedules to this Act‖; and
(c) deleting subsection (3) and inserting:

“(3) No licence under subsections (2) or (3A) to import
or export any narcotic or a controlled quantity of a
controlled precursor shall be granted except to a person who
is licensed under section 11 of this Act to deal in that
narcotic or controlled precursor.‖ and:

(d) inserting in subsection (3A) the words ―or export
from‖ after the words ―import into‖;
(e) inserting the following subsections after
subsection (3A):

“(3B) No person shall import into or export from Samoa
any controlled precursor, unless that person proves he has a
reasonable excuse to import or export the controlled
precursor.
(3C) Without limiting the generality of subsection (3B),
a person has a reasonable excuse if:
(a) for any controlled precursor he or she imports
into Samoa –
(i) the controlled precursor is imported by
a person and that person has the intention or
belief that it will be used for the manufacture
or production of a narcotic by a licensed
person under this Act;



2009, No. 17 Narcotics Amendment 7

(ii) the controlled precursor is imported
by a person and that person has the intention
or belief that it will be used for the treatment
of an animal under the care of a licensed
person under this Act;
(iii) the controlled precursor is imported
by a person and that person has the intention
or belief that it will be used for a lawful
purpose including but not limited to an
agricultural, commercial or industrial
purpose or activity;
(iv) the controlled precursor is imported
by a person and that person has the intention
or belief that it will be used as a sample or
for analysis, under the Food and Drugs Act
1967;
(v) the controlled precursor is for the
purpose of investigating an offence or
alleged offence or the prosecution of any
person;
(vi) the controlled precursor is lawfully in
his or her possession pursuant to a licence or
authority granted under this Act or other law
of Samoa in force at the time;
(b) the controlled precursor is exported by a person
and that person has the intention or belief
that it will be used for a purpose that is
lawful under the law of the country to which
the controlled precursor is exported.
(3D) No person shall import into Samoa any controlled
precursor for the purpose of the commission of an offence
against this Act by that person or any other person.
(3E) No person shall export from Samoa any controlled
precursor for the purpose of the commission of an offence
against this Act or the law of the country to which the
controlled precursor is exported by that person or by any
other person.‖



8 Narcotics Amendment 2009, No. 17

9. Licences to deal in narcotics or any controlled
quantity of any controlled precursors – Section 11 of the
Principal Act is deleted and substituted with the following:
“11. Licences to deal in narcotics or any controlled
quantity of any controlled precursors-(1) Subject to
subsection (2), no person shall deal in any narcotic or any
controlled quantity of any controlled precursor except
pursuant to a licence granted by the Chief Executive
Officer.
(2) A licence under subsection (1) shall not be granted
unless the person applying for a licence:
(a) deals in narcotics or any controlled quantity of
any controlled precursor in the course of his
or her employment or commercial activity; or
(b) is regarded as a fit and proper person to deal in
the controlled precursor and is explicitly
authorised to deal in the controlled precursor
by the terms of a licence under this Act.
(3) A licence under this section may be granted subject
to restrictions and conditions as the Chief Executive Officer
thinks fit, and may be either general or apply only to a
particular case or matter.‖

10. Miscellaneous offences - Section 13 of the Principal
Act is deleted and substituted with the following:
“13. Miscellaneous offences - Every person who:
(a) uses or permits to be used any premises or
vehicle for the purpose of the commission of
an offence against this Act; or
(b) has in his or her possession any needle, syringe,
pipe or other utensil for the purpose of the
commission of an offence against this Act; or
(c) without lawful excuse smokes or otherwise uses
prepared opium or is on premises being used
for the smoking of opium,
commits an offence and is liable to imprisonment for a
term not exceeding seven (7) years or to a fine not
exceeding 200 penalty units, or both.‖



2009, No. 17 Narcotics Amendment 9

11. Insertion of “controlled precursor” - Sections 14(1),
14A(1) and (2), 15(1) and 16(1) of the Principal Act are
amended by inserting the words ―or controlled precursor‖ after
every mention of the word ―narcotic‖ or ―narcotics‖.

12. Penalty for illegal import or export of narcotics –
Section 17 of the Principal Act is deleted and substituted with
the following:

“17. Penalty for illegal import or export of
narcotics-(1) Every person who imports into or exports
from, or attempts to import into or export from, Samoa any
narcotic in contravention of any provision of this Act is
guilty of an offence against this Act, and shall be liable to:
(a) imprisonment for life where a Class A narcotic
was the narcotic or one of the narcotics in
relation to which the offence was committed;
or
(b) imprisonment for a term not exceeding 14 years
where paragraph (a) of this subsection does
not apply but a Class B narcotic was the
narcotic or one of the narcotics in relation to
which the offence was committed; or
(c) imprisonment for a term not exceeding seven (7)
years where a Class C narcotic was the
narcotic in relation to which the offence was
committed or any narcotics not listed in any
of the Schedules.‖

13. Penalty for illegal import or export of controlled
precursors - The Principal Act is amended by inserting the
following section 17A after section 17:

“17A. Penalty for illegal import or export of
controlled precursors-(1) Every person who imports into
or exports from, or attempts to import into or export from,
Samoa any controlled precursor without a licence is
guilty of an offence against this Act, and shall be liable to

10 Narcotics Amendment 2009, No. 17

imprisonment for a term not exceeding 14 years or to a fine
not exceeding 500 penalty units, or both.
(2) Every person who imports into or exports from
Samoa, or attempts to import into or export from Samoa,
any controlled precursor for the purpose of unlawfully
manufacturing a narcotic under section 18A of this Act shall
be liable to:
(a) imprisonment for life where a Class A narcotic
was the narcotic or one of the narcotics in
relation to which the offence was committed;
or
(b) imprisonment for a term not exceeding 14 years
where paragraph (a) of this subsection does not
apply but a Class B narcotic was the narcotic or
one of the narcotics in relation to which the
offence was committed; or
(c) imprisonment for a term not exceeding seven (7)
years where a Class C narcotic was the narcotic
in relation to which the offence was committed
or any narcotics not listed in any of the
Schedules.‖

14. Penalty for unlawful supply or possession of
narcotics - Section 18 of the Principal Act is amended as
follows:
(a) deleting the number ―(1)‖ which indicates a
subsection; and
(b) inserting immediately after paragraph (b) the
following:
―(c) procures, consumes, smokes or otherwise uses
any narcotic – ‖; and
(c) deleting paragraphs (c) and (d) and inserting the
following:
―(d) imprisonment for life where a Class A narcotic
was the narcotic or one of the narcotics in
relation to which the offence was committed;
or



2009, No. 17 Narcotics Amendment 11

(e) imprisonment for a term not exceeding 14 years
where paragraph (a) of this subsection does
not apply but a Class B narcotic was the
narcotic or one of the narcotics in relation to
which the offence was committed; or
(f) imprisonment for a term not exceeding seven (7)
years where a Class C narcotic was the
narcotic in relation to which the offence was
committed or any narcotics not listed in any
of the Schedules,‖; and

(d) substituting the words ―100 penalty units‖ in the
proviso with the words ―5 penalty units‖.

15. Unlawful manufacture of a narcotic - Section 18A of
the Principal Act is amended as follows:
(a) by deleting subsection (1) and inserting the
following:

“(1) A person who manufactures a narcotic in
contravention of this Act commits an offence and is liable
to:
(a) imprisonment for life where a Class A narcotic
was the narcotic or one of the narcotics in
relation to which the offence was committed;
or
(b) imprisonment for a term not exceeding 14 years
where paragraph (a) of this subsection does
not apply but a Class B narcotic was the
narcotic or one of the narcotics in relation to
which the offence was committed; or
(c) imprisonment for a term not exceeding seven (7)
years where a Class C narcotic was the
narcotic in relation to which the offence was
committed or any narcotics not listed in any
of the Schedules.‖

12 Narcotics Amendment 2009, No. 17

(b) by deleting the words ―a person manufactures a
narcotic if the person:‖ inserting the words ―a
person manufactures a narcotic if the person,
whether directly or indirectly,:‖ immediately
after the word ―section,‖ in subsection (3).

16. Unlawful sale, manufacture, supply or possession of
a controlled precursor - Section 18B of the Principal Act is
amended as follows:
(a) by deleting the heading of the section and
substituting with “Unlawful sale, manufacture,
supply or possession of a controlled
precursor”;
(b) deleting the words ―a controlled quantity of‖ in
paragraphs (a), (b) and (c) of subsection (1);
(c) inserting the word ―or‖ at the end of paragraph (d);
(d) inserting the following paragraphs immediately after
paragraph (d):

―(e) possesses or attempts to obtain possession of, a
controlled quantity of a controlled precursor
except pursuant to a licence granted under
section 11; or
(f) supplies or attempts to supply a controlled
precursor to any person believing that the
person intends to use any of the substances to
manufacture a narcotic; or
(g) deals in a controlled precursor believing that the
person intends to use any of the substances to
manufacture a narcotic –‖

(e) inserting a new subsection (3) after subsection (2):

―(3) A person who sells a controlled quantity of a
controlled precursor to a person who is not licensed under
this Act commits an offence and is liable to a fine not
exceeding 10 penalty units or to imprisonment for a
term not exceeding two (2) years, or both, unless that person



2009, No. 17 Narcotics Amendment 13

proves that he or she had reason to believe that the person
he or she sold the controlled precursor to is licensed under
the Act.‖

17. General penalty for breach of Act – Section 24 of the
Principal Act is amended by:
(a) deleting the words ―2 penalty units‖ and ―3 months‖
and inserting ―10 penalty units‖ and ―2 years‖
respectively in subsection (1); and
(b) inserting the words ―or controlled precursor‖ after
every mention of the word ―narcotic‖ in
subsection (2); and
(c) deleting the words ―4 penalty units‖ and ―one year‖
and inserting the words ―200 penalty units‖ and
―7 years‖ respectively in subsection (2).

18. Confiscation and forfeiture of tainted property -
Section 25A(2) of the Principal Act is amended by inserting the
words ―or a controlled precursor‖ after the word narcotic in the
definition of the words ―tainted property‖.

19. Mandatory reporting of suspicion of illegal use of a
narcotic or controlled precursor - Section 25B of the Principal
Act is deleted and substituted with the following:

“25B. Mandatory reporting of suspicion of illegal use
of a narcotic or controlled precursor-(1) If a medical
practitioner, nurse, pharmacist, dentist or veterinary
reasonably suspects that a person they are treating or
providing service for has illegally used a narcotic or
controlled precursor, that medical practitioner, nurse,
pharmacist, dentist or veterinarian must as soon as
practicable report to a police officer the name of the person
they are treating or serving and the grounds of their
suspicion.
(2) A medical practitioner, nurse, pharmacist, dentist or
veterinarian who fails to report to a police officer as
required under subsection (1), commits an offence and is
liable to a fine not exceeding 10 penalty units.‖

14 Narcotics Amendment 2009, No. 17

20. Insertion of “controlled precursor or controlled
quantity of a controlled precursor”-(1) Sections 26 and 29 of
the Principal Act is amended by inserting the words ―or
controlled precursor or controlled quantity of a controlled
precursor‖ after every mention of the words ―narcotic‖ or
―narcotics‖.
(2) Section 29(3) of the Principal Act is amended by
deleting the words ―2 penalty units‖ and ―3 months‖ and
inserting the words ―200 penalty units‖ and ―1 year‖
respectively.

21. Schedules - The Schedules to the Principal Act are
amended by:
(a) deleting the First and Second Schedules and inserting
the following:


“FIRST SCHEDULE

section 2:

Class A narcotics

A. The following substances are Class A narcotics -


Item number

Class A narcotics
1 ACETORPHINE (03-acetyl-7,8-dihydro-7 α -[1 (R)-
hydroxy-1-methyl-butyl]-06-methyl-6,14-endo
ethenomorphine)
2 AMPHETAMINE (2-amino-1-phenylpropane)
3 BUFOTENINE (3-(2-dimethylaminoethyl)-5-
hydroxyindole)
4 CANTHARIDIN (hexahydro-3a,7a-dimethyl-4,7-
epoxyisobenzofuran-1,3-dione)
5 COCAINE (methyl ester of benzoylecgonine),
except when contained in a Class C controlled drug
6 DESOMORPHINE (dihydrodeoxymorphine)
7 DET (N, N-diethyltryptamine)
8 DMA (2-amino-1-(2,5-dimethoxyphenyl) propane)



2009, No. 17 Narcotics Amendment 15
9 DMHP (3-(1,2-dimethylheptyl)-1-hydroxy-7, 8, 9,
10-tetrahydro-6, 6, 9-trimethyl-6 H-dibenzo[b, d]
pyran)
10 DMT (N, N-dimethyltryptamine)
11 DOB (2-amino-1-(4-bromo-2, 5-dimethoxyphenyl)
propane) (also known as bromo-DMA)
12 ETORPHINE (7,8-dihydro-7 α -[1 (R)-hydroxy-1-
methylbutyl]-06-methyl-6,14-endo ethenomorphine)
13 HEROIN (diacetylmorphine)
14 KETOBEMIDONE (4-meta-hydroxyphenyl-1-
methyl-4-propionylpiperidine)
15 LYSERGIC ACID (essential precursor for
manufacture of LSD)
16 LYSERGIC ACID (essential precursor for
manufacture of LSD)
17 LYSERGIDE (N, N-diethyllysergamide or lysergic
acid diethylamide)
18 MDA (2-amino-1-(3,4-methylenedioxyphenyl)
propane)
19 MESCALINE (3,4,5-trimethoxyphenethylamine)
20 METHAMPHETAMINE (2-methylamino-1-
phenylpropane)
21 5-METHOXYDIMETHYLTRYPTAMINE (5-
methoxy-N, N-dimethyl-tryptamine)
22 2-METHOXY-4, 5-
METHYLENEDIOXYAMPHETAMINE (2-amino-
1-(2-methoxy-4, 5-methylenedioxyphenyl) propane)
(also known as MMDA or MMDA-2)
23 3-METHOXY-4, 5-
METHYLENEDIOXYAMPHETAMINE (2-amino-
1-(3-methoxy-4, 5-methylenedioxyphenyl) propane)
(also known as MMDA)
24 MPTP (1-methyl-4-phenyl-1,2,5,6-
tetrahydropyridine)
25 PARAHEXYL (3-hexyl-1-hydroxy-7,8,9,10-
tetrahydro-6,6,9-trimethyl-6H-dibenzo [b, d] pyran)
26 PCE (N-ethyl-1-phenylcyclohexylamine)
27 PCPY 1-(1-phenylcyclohexyl) pyrrolidine)
28 PHP 1-(1-phenylcyclohexyl) pyrrolidine)
29 PEPTP (1-(2-phenylethyl)-4-phenyl-1,2,5,6-
tetrahydropyridine)

16 Narcotics Amendment 2009, No. 17
30 PHENCYCLIDINE (1-(1-phenylcyclohexyl)
piperidine)
31 PIPERIDYL BENZILATES (N-methylpiperidyl
benzilates and N-ethylpiperidyl benzilates but
excluding the methobromide salts)
32 PMA (2-amino-1-(4-methoxyphenyl) propane)
33 PSILOCINE (3-(2-dimethylaminoethyl)-4-
hydroxyindole)
34 PSILOTSIN (3-(2-dimethylaminoethyl)-4-
hydroxyindole)
35 PSILOCYBINE (3-(2-dimethylaminoethyl) indol-4-
yl dihydrogen phosphate)
36 STP,DOM (2-amino-1-(2,5-dimethoxy-4-methyl)
phenylpropane)
37 TCP (1-[1-(2-thienyl) cyclohexyl] piperidine)
38 THALIDOMIDE (α -phthalimidoglutarimide)
39 TMA (2-amino-1-(3, 4, 5-trimethoxyphenyl)
propane)

B. The isomers of the substances mentioned or described in
this Schedule whenever the existence of such isomers is
possible within the specific chemical designation.

C. The esters and ethers of the substances mentioned or
described in this Schedule and the esters and ethers of
the isomers mentioned or described in clause B of this
Schedule whenever the existence of such esters or ethers
is possible.

D. The salts of the substances mentioned or described in
this Schedule and the salts of the isomers, esters, and
ethers mentioned in clause B or C of this Schedule.

E. Substances containing any proportion of a substance
mentioned or described in clause A, B, C or D of this
Schedule.




2009, No. 17 Narcotics Amendment 17

SECOND SCHEDULE

section 2:

Class B narcotics

A. The following substances are Class B narcotics -
Item
number

Class B narcotics
1 Cannabis preparations: that is, any preparation
containing any tetrahydrocannabinols, including
cannabis resin (commonly know as hashish) and
cannabis oil (commonly known as hash oil), produced
by subjecting cannabis plant material to any kind of
processing
2 Methcathinone
3 MDMA (2-methylamino-1-(3,4-methylenedioxyphenyl)
propane)
4 Morphine
5 Opium
6 Tetrahydrocannabinols, except when contained in a
Class C Narcotic
7 BENZPHETAMINE
(2-benzylmethylamino-1-phenylpropane)
8 CATHINONE (2-amino-1-phenylpropan-1-one)
9 DOET (2-amino-1-(2,5-dimethoxy-4-ethylphenyl)
propane)
10 FENCAMFAMINE (N-ethyl-3-
phenylbicyclo[2.2.1]heptan-2-amine)
11 FENETHYLLINE (3,7-dihydro-1,3-dimethyl-7-[2-[(1-
methyl-2- phenylethyl)-amino]ethyl]-1H-purine-2,6-
dione)
12 FENPROPOREX
(2-(2-cyanoethylamino)-1-phenylpropane)
13 MEFENOREX (2-(3-chloropropylamino)-1-
phenylpropane)
14 METHAQUALONE (2-methyl-3-(2-methylphenyl)-
4(3H)-quinazolinone)
15 4-METHYLAMINOREX (cis -2-amino-4-methyl-5-
phenyl-2-oxazoline

18 Narcotics Amendment 2009, No. 17
16 METHYLPHENIDATE (α-phenyl-2-piperidineacetic
acid methyl ester)
17 4-METHYLTHIOAMPHETAMINE
18 N-ETHYL MDA (2-ethylamino-1-(3, 4-
methylenedioxyphenyl) propane)
19 N-ETHYLAMPHETAMINE
(2-ethylamino-1-phenylpropane)
20 N-HYDROXY MDA (2-hydroxyamino-1-(3, 4-
methylenedioxyphenyl) propane)
21 NORPSEUDOEPHEDRINE (threo -2-amino-1-
hydroxy-1-phenylpropane), including cathine
22 PROPYLHEXEDRINE (1-cyclohexyl-2-
methylaminopropane)
23 PYROVALERONE (1-(4-methylphenyl)-2-(1-
pyrrolidinyl)-1-pentanone)
24 ACETYLMETHADOL (3-acetoxy-6-dimethylamino-
4,4-diphenylheptane)
25 ACETYL-α-METHYLFENTANYL (N-[1-(α-
methylphenethyl]-4-piperidyl] acetanilide)
26 ALFENTANIL (N -[1-[2-(4-ethyl-4,5-dihydro-5-oxo-1
H-(tetrazol- 1-yl)ethyl]-4-(methoxymethyl)-4-
piperidinyl]-N -phenylpropanamide)
27 ALLYLPRODINE (3-allyl-1-methyl-4-phenyl-4-
propionoxypiperidine)
28 ALPHACETYLMETHADOL
(α-3-acetoxy-6-dimethylamino-4,4-diphenylheptane)
29 ALPHAMEPRODINE (α-3-ethyl-1-methyl-4-phenyl-4-
propionoxypiperidine)
30 ALPHAMETHADOL (α-6-dimethylamino-4,4-
diphenyl-3-heptanol)
31 ALPHAPRODINE (α-1,3-dimethyl-4-phenyl-4-
propionoxy-piperidine)
32 ANILERIDINE (1-para -aminophenethyl-4-
phenylpiperidine-4-carboxylic acid ethyl ester)
33 BENZETHIDINE (1-(2-benzyloxyethyl)-4-
phenylpiperidine-4-carboxylic acid ethyl ester)
34 BENZYLMORPHINE (3-benzylmorphine)
35 BETACETYLMETHADOL (β-3-acetoxy-6-
dimethylamino-4,4-diphenylheptane)
36 BETAMEPRODINE (β-3-ethyl-1-methyl-4-phenyl-4-
propionoxypiperidine)



2009, No. 17 Narcotics Amendment 19
37 BETAMETHADOL (β-6-dimethylamino-4,4-diphenyl-
3-heptanol)
38 BETAPRODINE (β-1,3-dimethyl-4-phenyl-4-
propionoxypiperidine)
39 BEZITRAMIDE (1-(3-cyano-3,3-diphenylpropyl)-4-(2-
oxo-3-propionyl-1-benzimidazolinyl) piperidine)
40 CANNABIS being any leaf, seed, stalk, root, fruit,
blossom, or part thereof of any plant of the genus
cannabis (Cannabis sativa L)
41 CAANABIS RESIN
42 CLONITAZENE (2-para -chlorbenzyl-1-
diethylaminoethyl-5-nitrobenzimidazole)
43 CODOXIME (dihydrocodeinone-6-
carboxymethyloxime)
44 CONCENTRATE OF POPPY STRAW—that is, the
material arising when parts of any plant of the species
Papaver somniferum have entered a process for the
concentration of the alkaloids
45 DEXTROMORAMIDE ((+)-4-[2-methyl-4-oxo-3,3-
diphenyl-4-(1-pyrrolidinyl) butyl] morpholine)
46 DIAMPROMIDE
(N -[2-(methylphenethylamino) propyl] propionanilide)
47 DIETHYLTHIAMBUTENE
(3-diethylamino-1,1-di-(2'-thienyl)-1-butene)
48 DIFENOXIN (1-(3-cyano-3, 3 diphenylpropyl)-4-
phenylisonipecotic acid)
49 DIHYDROMORPHINE
50 DIMENOXADOL (2-dimethylaminoethyl 1-ethoxy-1,
1-diphenylacetate)
51 DIMEPHEPTANOL (6-dimethylamino-4,4-diphenyl-3-
heptanol)
52 DIMETHYLTHIAMBUTENE
(3-dimethylamino-1,1-di-(2'-thienyl)-1-butene)
53 DIOXAPHETYL BUTYRATE (ethyl 4-morpholino-2,
2-diphenylbutyrate)
54 DIPHENOXYLATE (1-(3-cyano-3,3-diphenylpropyl)-
4-phenylpiperidine-4-carboxylic acid ethyl ester)
55 DIPIPANONE (4,4-diphenyl-6-piperidine-3-
heptanone)
56 DROTEBANOL (3,4-dimethoxy-17-methylmorphinan-
6β, 14-diol)

20 Narcotics Amendment 2009, No. 17
57 EGGONINE, its esters and derivatives which are
convertible to ecgonine and cocaine, except when
contained in a Class C controlled drug
58 ETHYLMETHYLTHIAMBUTENE
(3-ethylmethylamino-1,1-di-(2'-thienyl)-1-butene)
59 ETONITAZENE (1-diethylaminoethyl-2-para -
ethoxybenzyl-5-nitrobenzimidazole)
60 ETOXERIDINE
(1-[2-(2-hydroxyethoxy)ethyl]-4-phenylpiperidine-4-
carboxylic acid ethyl ester)
61 FENTANYL (1-phenethyl-4-(N-
propionylanilino)piperidine)
62 p-FLUOROFENTANYL (4'-fluoro-N-1-(phenethyl-4-
piperidyl) propionanilide)
63 FURETHIDINE
(1-(2-tetrahydrofurfuryloxyethyl)-4-phenylpiperidine-
4-carboxylic acid ethyl ester)
64 HYDROCODONE (dihydrocodeinone)
65 HYDROMORPHINOL
(14-hydroxydihydromorphine)
66 HYDROMORPHONE (dihydromorphinone)
67 β-HYDROXYFENTANYL
(N-[1-(β-hydroxyphenethyl)-4-piperidyl]
propionanilide)
68 β-HYDROXY-3-METHYLFENTANYL (N-[1-(β-
hydroxyphenethyl)-3-methyl-4-piperidyl]
propionanilide)
69 HYDROXYPETHIDINE
(4-meta -hydroxyphenyl-1-methylpiperidine-4-
carboxylic acid ethyl ester)
70 ISOMETHADONE (6-dimethylamino-5-methyl-4,4-
diphenyl-3-hexanone)
71 LEVOMETHORPHAN ((−)-3-methoxy-N-
methylmorphinan) but not including dextromethorphan
((+)-3-methoxy-N-methylmorphinan) and dextrorphan
((+)-3-hydroxy-N-methylmorphinan)
72 LEVOMORAMIDE ((−)-4-[2-methyl-4-oxo-3,3-
diphenyl-4-(1-pyrrolidinyl)butyl] morpholine)
73 LEVOPHENACYLMORPHAN
((−)-3-hydroxy-N -phenacylmorphinan)



2009, No. 17 Narcotics Amendment 21
74 LEVORPHANOL
((−)-3-hydroxy-N-methylmorphinan)
75 MECLOQUALONE (3-(2-chlorophenyl)-2-methyl-4-
(3H)-quinazolinone)
76 METAZOCINE (2'-hydroxy-2,5,9-trimethyl-6,7-
benzomorphan)
77 METHADONE (6-dimethylamino-4,4-diphenyl-3-
heptanone)
78 METHADONE-INTERMEDIATE
(4-cyano-2-dimethylamino-4,4-diphenylbutane)
79 1-METHYL-4-PHENYL-4-PIPERIDINOL
80 METHYLDESORPHINE
(6-methyl-Δ6-deoxymorphine)
81 METHYLDIHYDROMORPHINE
(6-methyldihydromorphine)
82 α-METHYLFENTANYL
(N-[1-(α-methylphenethyl)-4-piperidyl] propionanilide)
83 α-METHYLTHIOFENTANYL
(N-[1-[1-methyl-2-(2-thienyl)ethyl]-4-piperidyl]
propionanilide)
84 3-METHYLFENTANYL (N-[3-methyl-1-phenethyl-4-
piperidyl] propionanilide)
85 3-METHYLTHIOFENTANYL
(N-[3-methyl-1-[2-(2-thienyl)ethyl]-4-
piperidyl]propionanilide)
86 METOPON (5-methyldihydromorphinone)
87 MORAMIDE-INTERMEDIATE
(2-methyl-3-morpholino-1,1-diphenyl-
propanecarboxylic acid)
88 MORPHERIDINE (1-(2-morpholinoethyl)-4-
phenylpiperidine-4-carboxylic acid ethyl ester)
89 MORPHINE METHOBROMIDE and other
pentavalent nitrogen morphine derivatives
90 MORPHINE-N-OXIDE
91 MPPP (1-methyl-4-phenyl-4-piperidinol propionate
(ester))
92 MYROPHINE (myristylbenzylmorphine)
93 NABILONE (trans -3-(1-1-dimethylheptyl)-
6,6a,7,8,10,10a-hexahydro-1-hydroxy-6, 6-dimethyl-
9H-dibenzo[b,d] pyran-9-one)
94 NICOMORPHINE
(3,6-dinicotinylmorphine)

22 Narcotics Amendment 2009, No. 17
95 NORACYMETHADOL (α-3-acetoxy-6-methylamino-
4,4-diphenyl-heptane)
96 NORLEVORPHANOL
((−)-3-hydroxymorphinan)
97 NORMETHADONE (6-dimethylamino-4,4-diphenyl-
3-hexanone)
98 NORMORPHINE (demethylmorphine)
99 NORPIPANONE
(4,4-diphenyl-6-piperidino-3-hexanone)
100 OXYCODONE
(14-hydroxydihydrocodeinone)
101 OXYMORPHONE
(14-hydroxydihydromorphinone)
102 PEPAP (1-phenethyl-4-phenyl-4-piperidinol acetate
(ester))
103 PETHIDINE
(1-methyl-4-phenylpiperidine-4-carboxylic acid ethyl
ester)
104 PETHIDINE-INTERMEDIATE-A
(4-cyano-1-methyl-4-phenylpiperidine)
105 PETHIDINE-INTERMEDIATE-B
(4-phenylpiperidine-4-carboxylic acid ethyl ester)
106 PETHIDINE-INTERMEDIATE-C
(1-methyl-4-phenylpiperidine-4-carboxylic acid)
107 PHENADOXONE
(6-morpholino-4,4diphenyl-3-heptanone)
108 PHENAMPROMIDE (N-(1-methyl-2-piperidinoethyl)
propionanilide)
109 PHENAZOCINE (2'-hydroxy-5,9-dimethyl-2-
phenethyl-6,7-benzomorphan)
110 PHENDIMETRAZINE (3,4-dimethyl-2-
phenylmorpholine)
111 1-PHENETHYL-4-PHENYL-4-PIPERIDINOL
112 PHENMETRAZINE
(3-methyl-2-phenylmorpholine)
113 PHENOMORPHAN
(3-hydroxy-N -phenethylmorphinan)
114 PHENOPERIDINE (1-(3-hydroxy-3-phenylpropyl)-4-
phenylpiperidine-4-carboxylic acid ethyl ester)
115 PIMINODINE (4-phenyl-1-(3-
phenylaminopropyl)piperidine-4-carboxylic acid ethyl
ester)



2009, No. 17 Narcotics Amendment 23
116 PIRITRAMIDE (1-(3-cyano-3,3-diphenylpropyl)-4-(1-
piperidino)piperidine-4-carboxylic acid amide)
117 PROHEPTAZINE (1,3-dimethyl-4-phenyl-4-
propionoxyazacycloheptane)
118 PROPERIDINE (1-methyl-4-phenylpiperidine-4-
carboxylic acid isopropyl ester)
119 RACEMETHORPHAN (()-3-methoxy-N -
methylmorphinan)
120 RACEMORAMIDE (()-4-[2-methyl-4-oxo-3, 3-
diphenyl-4- (1-pyrrolidiny) butyl] morpholine)
121 RACEMORPHAN (()-3-hydroxy-N -
methylmorphinan)
122 REMIFENTANIL
(1-(2-methoxycarbornyl-ethyl)-4-(phenylpropionyl-
amino)-piperidine-4-carboxylic acid methyl ester)
123 SUFENTANIL (N-[4-(methoxymethyl)-1-[2-(2-
thienyl)ethyl]-4-pipe-ridyl] propionanilide)
124 THEBACON (acetyldihydrocodeinone)
125 THEBAINE
126 THIOFENTANYL (N -[1-[2-(2-thienyl)ethyl]-4-
piperidyl]propionanilide)
127 TILIDINE ((-ethyl trans -2-(dimethylamino)-1-phenyl-
3-cyclo-hexene-1-carboxylate)
128 TRIMEPERIDINE (1,2,5-trimethyl-4-phenyl-4-
propionoxypiperidine)

B. The isomers of the substances mentioned or described in this
Schedule whenever the existence of such isomers is possible
within the specific chemical designation.

C. The esters and ethers of the substances mentioned or
described in this Schedule and the esters and ethers of the
isomers mentioned or described in clause B of this Schedule
whenever the existence of such esters or ethers is possible.

D. The salts of the substances mentioned or described in this
Schedule and the salts of the isomers, esters, and ethers
mentioned or described in clause B or clause C of this
Schedule.




24 Narcotics Amendment 2009, No. 17
E. Substances containing any proportion of a substance
mentioned or described in clause A, clause B, clause C or
clause D of this Schedule.
THIRD SCHEDULE
section 2:
Class C narcotics
A. The following substances are Class C narcotics –

Item
number
Class C narcotics
1 CATHA EDULIS PLANT
2 COCA LEAF—That is, the leaf of any plant of any
species of the genus Erythroxylon, except a leaf from
which all ecgonine, cocaine, and any other ecgonine
alkaloids have been removed
3 CODEINE (3-methylmorphine); its isomers, esters, and
ethers, if any; its salts, and the salts of its isomers, esters,
or ethers, if any; and any substance, preparation or
mixture containing any proportion of the said substance
or of any such isomer, ester, ether, or salt
4 DIHYDROCODEINE; its isomers, esters, and ethers, if
any; its salts, and the salts of its isomers, esters, or
ethers, if any; and any substance, preparation, or mixture
containing any proportion of the said substance or of any
such isomer, ester, ether, or salt
5 PROPOXYPHENE (α-4 (N, N-dimethylamino)-1, 2-
diphenyl-3-methyl-2-propionoxybutane); its isomers,
esters, and ethers, if any; its salts and the salts of its
isomers, esters, or ethers, if any
6 ACETYLDIHYDROCODEINE
7 ETHYLMORPHINE (3-ethylmorphine)
8 NICOCODINE (6-nicotinylcodeine)
9 NICODICODINE
(6-nicotinyldihydrocodeine or nicotinic acid ester of
dihydrocodeine
10 NORCODEINE (N -demethylcodeine)
11 PHOLCODINE (morpholinylethylmorphine)
12 PROPIRAM (N -(1-methyl-2-piperidinoethyl)-N -2-
pyridylpropionamide)
13 ALPRAZOLAM



2009, No. 17 Narcotics Amendment 25
14 AMFEPRAMONE (2-(diethylamino) propiophenone)
15 AMINOREX
16 BARBITAL (5,5-diethylbarbituric acid)
17 BROMAZEPAM
18 BROTIZOLAM
19 CAMAZEPAM
20 CHLORDIAZEPOXIDE
21 CLOBAZAM
22 CLONAZEPAM
23 CLORAZEPATE
24 CLOTIAZEPAM
25 CLOXAZOLAM
26 DELORAZEPAM
27 DIAZEPAM
28 EPHEDRINE
29 ESTAZOLAM
30 ETHCHLORVYNOL (ethyl-2-chlorovinylethynyl-
carbinol)
31 ETHINAMATE (1-ethynylcyclohexanol carbamate)
32 ETHYL LOFLAZEPATE
33 FLUDIAZEPAM
34 FLUNITRAZEPAM
35 FLURAZEPAM
36 HALAZEPAM
37 HALOXAZOLAM
38 KETAZOLAM
39 LOPRAZOLAM
40 LORAZEPAM
41 LORMETAZEPAM
42 MAZINDOL (5-(4-chlorophenyl)-2, 5-dihydro-3H-
imidazo [2, 1-a]-isoindol-5-ol)
43 MEDAZEPAM
44 MEPROBAMATE (2-methyl-2-propyl-1,3-propanediol
dicarbamate)
45 METHYLPHENOBARBITAL (5-ethyl-1-methyl-5-
phenylbarbituric acid)
46 METHYLPRYLON (3,3-diethyl-5-methylpiperidine-
2,4-dione)
47 MIDAZOLAM
48 NIMETAZEPAM
49 NITRAZEPAM

26 Narcotics Amendment 2009, No. 17
50 NORDAZEPAM
51 OXAZEPAM
52 OXAZOLAM
53 PEMOLINE
54 PHENOBARBITAL (5-ethyl-5-phenylbarbituric acid)
55 PHENTERMINE (2-amino-2-methyl-1-phenylpropane)
56 PINAZEPAM
57 PIPRADROL (1,1-diphenyl-1-(2-piperidyl)methanol)
58 PRAZEPAM
59 PSEUDOEPHEDRINE
60 SPA ((−)-1-dimethylamino-1,2-diphenylethane)
61 TEMAZEPAM
62 TRIAZOLAM
63 ALLOBARBITAL (5,5-diallylbarbituric acid)
64 AMOBARBITAL (5-ethyl-5-(3-methylbutyl) barbituric
acid)
65 BUPRENORPHINE (17-cyclopropylmethyl-7,8-
dihydro-7-(1-hydroxy-1,2, 2-trimethylpropyl) -6-0-
methyl-6, 14-ethano-17-normorphine)
66 BUTALBITAL
(5-allyl-5-isobutylbarbituric acid)
67 BUTOBARBITONE
(5-butyl-5-ethylbarbituric acid)
68 CYCLOBARBITAL (5-(1-cyclohexen-1-yl)-5-
ethylbarbituric acid)
69 GLUTETHIMIDE
(2-ethyl-2-phenylglutarimide)
70 NEALBARBITONE
(5-allyl-5-neopentylbarbituric acid)
71 PENTOBARBITAL
(5-ethyl-5-(1-methylbutyl) barbituric acid)
72 SECBUTABARBITAL
(5-sec-butyl-5-ethylbarbituric acid)
73 SECOBARBITAL
(5-allyl-5-(1-methylbutyl) barbituric acid)
74 VINYLBITAL
(5-(1-methylbutyl)-5-vinylbarbituric acid)
75 Preparations containing any proportion of the following
substances or of any salt of any such substance, namely,
acetyldihydrocodeine, codeine, dihydrocodeine,
ethylmorphine, and pholcodine when:




2009, No. 17 Narcotics Amendment 27
(i) Compounded with one or more other
pharmacologically active ingredients in such a way that
the substance cannot be recovered by readily applicable
means or in a yield which would constitute a risk to
health; and
(ii) Containing not more than 100 milligrams of the
substance in each dosage unit and with a concentration
of not more than 2.5 percent in undivided preparations.
76 Preparations of cocaine containing not more than 0.1
percent of cocaine base, being preparations compounded
with one or more other pharmacologically active
ingredients.
77 Preparations of difenoxin containing, per dosage unit,
not more than 0.5mg of difenoxin and a quantity of
atropine sulphate equivalent to at least 5 percent of the
dose of difenoxin.
78 Preparations of opium or morphine containing not more
than 0.2 percent of morphine, being preparations
compounded with one or more other pharmacologically
active ingredients (none of which are substances named
or described in the First or Second Schedule to this Act.
79 Single dosage units of diphenoxylate containing in each
unit not more than 2.5 milligrams of diphenoxylate
calculated as base and not less than 25 micrograms of
atropine sulphate.
80 Liquid preparations of diphenoxylate containing, in each
millilitre, not more than 0.5 milligrams of diphenoxylate
calculated as base and not less than 5 micrograms of
atroprine sulphate.
81 Preparations of propiram containing not more than 100
mg of propiram per dosage unit and compounded with at
least the same amount of methylcellulose.
82 Ipecacuanha and opium powder containing 10 percent of
opium in powder and 10 percent of ipecacuanha root in
powder intimately mixed with finely powdered lactose

28 Narcotics Amendment 2009, No. 17
83 Mixtures containing not more than one of the
preparations specified in paragraphs (a) to (g) of this
Schedule, being mixtures whereof none of the other
ingredients is a substance named or described in the First
or the Second Schedule to this Act.


B. The isomers of the substances mentioned or described in
this Schedule whenever the existence of such isomers is
possible within the specific chemical designation.

C. The esters and ethers of the substances mentioned or
described in this Schedule and the esters and the ethers
of the isomers mentioned or described in clause B of this
Schedule whenever the existence of such esters or ethers
is possible.

D. The salts of the substances mentioned or described in
this Schedule and the salts of the isomers, esters, and
ethers mentioned or described in clause B or clause C of
this Schedule.

E. Substances containing any proportion of a substance
mentioned or described in clause A, clause B, clause C
or clause D of this Schedule.

F. Preparations of pseudoephedrine, its salts, isomers,
esters, and ethers (if any), and the salts of its isomers,
esters, and ethers (if any), being preparations:
(a) in solid or liquid form; and
(b) containing not more than 60 mg of pseudoephedrine
per dosage unit; and
(c) containing either a single ingredient or being in
combination with other pharmacologically active
ingredients, being ingredients that are not
mentioned or described in the First or the Second
Schedule of this Act.




2009, No. 17 Narcotics Amendment 29

FOURTH SCHEDULE

section 2:

Controlled precursors

A. The following are controlled precursors -
Item number Controlled precursors
1 acetic anhydride
2 acetone
3 n-acetylanthranilic acid
4 anthranilic acid
5 ephedrine
6 ergometrine
7 ergotamine
8 ethyl ether
9 hydrochloric acid
10 isosafrole
11 lysergic acid
12 3, 4,-methylenedioxyphenyl-2 propanone
13 methyl ethyl ketone
14 phenylacetic acid
15 1-phenyl-2-propanone
16 piperidine
17 piperonal
18 potassium permanganate
19 pseudoephedrine
20 safrole
21 sulphuric acid
22 toluene

B. Any preparation, admixture, extract or other substance
containing any proportion of a precursor specified in the
Third Schedule controlled precursors and including all
salts, isomers, esters, ethers, ketals, acetals, acetates,
hydroxides, oximes, amides, imines, acid chlorides,
nitriles, anhydrides, halogen substituent, epoxides, diols
and any other analogues or derivatives of a precursor
specified in the Third Schedule controlled precursors.‖

30 Narcotics Amendment 2009, No. 17

22. Consequential amendment – Section 87 of the
Criminal Procedure Act 1972 is amended by:
(a) by deleting the full stop sign at the end of the
proviso; and
(b) by inserting a semi colon sign and the following
proviso:

“AND PROVIDED FURTHER THAT any person
charged with an offence under the Narcotics Act 1967 for
which the punishment is imprisonment for a term not
exceeding 14 years shall be tried by a Judge of the Supreme
Court sitting alone.‖.


__________
The Narcotics Amendment Act 2009
is administered by the Ministry of Health.