Title 13 — Health and Economic Welfare Services
14 chapters · 196 sections in this title.
A.S.C.A. § 13.1001 Definitions
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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 contro…
A.S.C.A. § 13.1002 Authority to control
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(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 c…
A.S.C.A. § 13.1003 Confidentiality
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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. History: 1974, PL 13-56 § 3.
A.S.C.A. § 13.1004 Opiates
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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: Acetylmeth…
A.S.C.A. § 13.1005 Opium derivatives
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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 Benzylmorphi…
A.S.C.A. § 13.1006 Hallucinogens
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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 …
A.S.C.A. § 13.1007 Extracted or chemically made substances
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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 combinati…
A.S.C.A. § 13.1008 Additional opiates
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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 Bezit…
A.S.C.A. § 13.1009 Stimulants
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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 sa…
A.S.C.A. § 13.1010 Depressants
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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 s…
A.S.C.A. § 13.1011 Nalorphine
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Controlled substances include nalorphine. History: 1974, PL 13-56 § 3.
A.S.C.A. § 13.1012 Narcotic drugs in limited amounts
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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 pe…
A.S.C.A. § 13.1013 Barbiturates
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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 Ethchlorv…
A.S.C.A. § 13.1014 Combinations with nonnarcotics
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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 p…
A.S.C.A. § 13.1020 Prohibited actions
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(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 inten…
A.S.C.A. § 13.1021 Counterfeiting controlled substance unlawful
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(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 th…
A.S.C.A. § 13.1022 Possession of controlled substance unlawful
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(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 o…
A.S.C.A. § 13.1023 Subsequent offenses
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(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, pr…
A.S.C.A. § 13.1030 Powers of authorities
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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 a…
A.S.C.A. § 13.1031 Restraint or injunction of violations
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The High Court may exercise jurisdiction to restrain or enjoin violations of this chapter. History: 1974, PL 13-56 § 3.
A.S.C.A. § 13.1032 Forfeiture—Substances subject to
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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, c…
A.S.C.A. § 13.1033 Forfeiture-Seizure without process
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(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 s…
A.S.C.A. § 13.1034 Forfeiture-Contraband
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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 owne…
A.S.C.A. § 13.1035 Forfeiture-Seizure of plants providing derivatives
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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. History: 197…
A.S.C.A. § 13.1036 Burden of proof
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(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 …
A.S.C.A. § 13.1037 Liability of officials
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No liability is imposed by this chapter upon any authorized Territorial officer engaged in the lawful performance of his duties. History: 1974, PL 13-56 § 3.
A.S.C.A. § 13.1040 Import and sale of drugs and medicines-Permission required
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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. History: 1962, PL 7-12.
A.S.C.A. § 13.1041 Export of drugs, medicine and medical supplies—Permission required
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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. History: 1962, PL 7-12.
A.S.C.A. § 13.1042 Violation—Penalty
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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. History: 1972, PL 7-12; amd 1980, PL 16-90 § 53. Amendments: 1980 Amended to conform with pe…