Senate passes bill that amends sentences for drug offenses

Before they broke for recess on August 31, the Senate passed, in its third reading, a bill that provides new sentencing guidelines for the possession of a controlled substance, including drug rehabilitation and treatment programs.

For years, American Samoa has been known to have perhaps the most harsh punishment for drug offenses.

Currently, the law states that a person who is in possession of a controlled substance is guilty of a felony that is punishable by a fine of not less than $5,000 or more than $20,000, and between five to ten years in prison, or both, for the first offense.

For the second offense, a person is slapped with a fine of not less than $20,000 or more than $30,000, and a jail term between ten and twenty years, or both.

For the third offense, a person can be fined between $30,000 - $40,000 and get a prison term of not less than 15 years and not more than 30 years behind bars, or both.

But with the new Senate bill, the punishment for a first offense will be a fine of not more than $5,000 and/or a prison term not to exceed five years.

Furthermore, for the second offense, the Senate bill says that a person can receive a fine of between $5,000 and $10,000 and/or a jail term not to exceed ten years.

For a third offense, the bill says that a fine of $10,000 up to $40,000 can be imposed, and/or a prison term of not less than 5 years and not more than 20 years.

In addition to the penalties, the Senate bill also includes a new section that states “the court may also include a requirement for mandatory completion of a drug rehabilitation and treatment program and/or participation in a community service project by the offender.”

There shall be no parole for a conviction under this section, as the listed penalties are mandatory.