Chapter 8

11 GCA FINANCE AND TAXATION CH. 8 GUAM CANNABIS INDUSTRY ACT 1 CHAPTER 8 GUAM CANNABIS INDUSTRY ACT SOURCE: Chapter 8 added by P.L. 35 -005:2 (April 4, 2019). 2019 NOTE: P.L. 35 -005, which enacted this chapter, included the following uncodified sections: Section 4. §§(c)(23) and (c)(31) of Appendix A, Chapter 67, Title 9, Guam Code Annotated, are repealed and marijuana is hereby declassified as a Schedule 1 Controlled Substance. Any reference by the Guam Uniform Controlled Substances Act to marijuana, such as 'marihuana, ' 'tetrahydrocannabinol, ' 'cannabis, ' and derivatives thereof, shall be deemed repealed, null, and void upon the passage of this Act. Section 16. Nothing in this Act shall be construed or interpreted to amend, repeal, affect, restrict, or preempt laws pertaining to Guam Public Laws 32 -237, 34 -125, 34-165, or any other existing statute or public law relative to medical cannabis. § 8101. Title. § 8102. Definitions. § 8103. Personal Use of Cannabis. § 8104. Restrictions on Personal Cultivation, Penalty. § 8105. Public Consumption Banned, Penalty. § 8106. False Identification, Penalty. § 8107. Cannabis Accessories Authorized. § 8108.

of Cannabis. § 8104. Restrictions on Personal Cultivation, Penalty. § 8105. Public Consumption Banned, Penalty. § 8106. False Identification, Penalty. § 8107. Cannabis Accessories Authorized. § 8108. Lawful Operation of Cannabis -Related Facilities. § 8109. Cannabis Control Board. § 8110. Rulemaking. § 8111. Cannabis Establishment Registrations. § 8112. Employers, Driving, Minors, and Control of Property. § 8113. Excise Tax on Cannabis. § 8114. Monthly Statements and Payments. § 8115. Federal Law, Applicability. § 8116. Prior Duties, Penalties, and Proceedings. § 8117. Contracts. § 8118. Smoking of Cannabis Regulated. § 8119. Unlawful Dissemination of Cannabis Odor. § 8120. Baseline Data Study Prior to Enactment. § 8101. Title. This Chapter shall be known and may be cited as the 'Guam Cannabis Industry Act of 2019.' § 8102. Definitions. As used in this Chapter: (a) 'Board ' means the Cannabis Control Board referenced in § 8109 of this Chapter. (b) 'Cannabis ' means all parts of the plant of the genus cannabis, 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

ant of the genus cannabis, 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 its resin , including cannabis or marijuana concentrate. Cannabis does not include the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of COL 2024-12-0511 GCA FINANCE AND TAXATION CH. 8 GUAM CANNABIS INDUSTRY ACT 2 germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products. (c) 'Cannabis accessories ' means any equipment, products, or materials of any kind that are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body.

g, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body. (d) 'Cannabis concentrate ' means any cannabis product or subset of cannabis produced by extracting cannabinoids from cannabis. (e) 'Cannabis cultivation facility ' means an entity licensed to cultivate, prepare, and package cannabis; and to sell cannabis to retail cannabis stores, cannabis product manufacturing facilities, and other licensed cannabis cultivation facilities, but not to consumers. (f) 'Cannabis establishment ' means a cannabis cultivation facility, cannabis testing facility, a cannabis product manufacturing facility, or a retail cannabis store. (g) 'Cannabis flower ' or 'flower ' means the inflorescence(s) of the mature pistillate (female) cannabis plant. (h) 'Cannabis -infused product ' means any product that is comprised of cannabis concentrate or cannabis plant material and other ingredients, and is intended for use or consumption other than by smoking or vaporizing, including ingestible cannabis -infused products, topical cannabis -infused products, transdermal

ial and other ingredients, and is intended for use or consumption other than by smoking or vaporizing, including ingestible cannabis -infused products, topical cannabis -infused products, transdermal cannabis -infused products, and transmucosal cannabis -infused products. (i) 'Cannabis product ' means a finished product intended for human consumption or use that is comprised partially or completely of cannabis. This term is used generally to refer to one (1) or more of the following: cannabis flower, cannabis concentrates, and cannabis -infused pr oducts. (j) 'Cannabis product category ' means a defined group of cannabis products that are in the same form. Cannabis flower, cannabis concentrates, and cannabis -infused products are all cannabis product categories, though the latter category may be further broken down into sub -categories such as ingestible cannabis -infused products and non -ingestible cannabis -infused products. (k) 'Cannabis product manufacturing facility ' means an entity licensed to purchase cannabis from licensed cannabis cultivation facilities to manufacture, prepare, and package cannabis products; and to sell cannabis and cannabis products to other cannabis

entity licensed to purchase cannabis from licensed cannabis cultivation facilities to manufacture, prepare, and package cannabis products; and to sell cannabis and cannabis products to other cannabis product manufacturing facilities and to retail cannabis stores, but not to consumers. Nothing herein shall be construed to prohibit a cannabis product manufacturing facility from purchasing cannabis or cannabis products from other cannabis product manufacturing facilities. (l) 'Cannabis testing facility ' means an entity licensed to analyze and certify the safety and potency of cannabis. Only a licensed cannabis testing facility may collect and transport cannabis or cannabis samples to and from a cannabis testing facility. (m) 'Consumer ' means a person twenty -one (21) years of age or older who purchases cannabis or marijuana products for personal use only, but not for resale to others. (n) 'Consumption ' means the act of ingesting, inhaling, or otherwise introducing cannabis or marijuana into the human body, including through the use of topicals, ointments, or tinctures. (o) 'Department ' means the Guam Department of Revenue and Taxation.

r otherwise introducing cannabis or marijuana into the human body, including through the use of topicals, ointments, or tinctures. (o) 'Department ' means the Guam Department of Revenue and Taxation. COL 2024-12-0511 GCA FINANCE AND TAXATION CH. 8 GUAM CANNABIS INDUSTRY ACT 3 (p) 'Ingestible cannabis -infused product ' or 'ingestible ' means a product that contains cannabis and at least one (1) other ingredient, is intended for use or consumption other than by inhalation, is intended to be taken into the body, and is one (1) of the following: (1) 'edible cannabis -infused product ' or 'edible ', which is an ingestible cannabis -infused product that is intended to be taken by mouth, swallowed, and is primarily absorbed through the gastrointestinal tract. Edible cannabis -infused products may be psychoactive when used as intended. Without limitation , edible cannabis -infused products may be in the form of a food, beverage, capsule, or tablet; or (2) 'transmucosal cannabis -infused product ' or 'transmucosal ', which is an ingestible cannabis -infused product that is intended to be placed in a body cavity and absorbed through the mucosal lining of that cavity, and may be

nfused product ' or 'transmucosal ', which is an ingestible cannabis -infused product that is intended to be placed in a body cavity and absorbed through the mucosal lining of that cavity, and may be psychoactive when used as intended. Transmucosal cannabis -infused products include, but are not limited to, cannabis -infused tinctures, anal suppositories, lozenges, and nasal sprays. (q) 'Marijuana ' means cannabis as defined in Subsection (b) of this Section. For purposes of this Chapter, the terms marijuana and cannabis shall carry the same meaning and shall be used interchangeably. (r) 'Non-ingestible cannabis -infused product ' or 'non-ingestible ' means a product that contains cannabis and at least one (1) other ingredient, is intended for use or consumption other than by inhalation, is intended for external use only, and is one (1) of the following: (1) 'topical cannabis -infused product ' or 'topical ', which is a non -ingestible cannabis - infused product that produces a non -psychoactive effect when used as intended. Topical cannabis - infused products include, but are not limited to, cannabis -infused creams, salves, bath soaks, and lotions; or (2) 'transdermal cannabis

psychoactive effect when used as intended. Topical cannabis - infused products include, but are not limited to, cannabis -infused creams, salves, bath soaks, and lotions; or (2) 'transdermal cannabis -infused product ' or 'transdermal ', which is a non -ingestible cannabis -infused product that contains at least one (1) skin -permeation -enhancing ingredient to facilitate absorption through the skin into the bloodstream, and may be psychoactive when used as intended. Transdermal cannabis -infused products include, but are not limited to, cannabis - infused adhesive patches that are applied to the skin surface. (s) 'Retail cannabis store ' means an entity licensed to purchase cannabis and to sell cannabis and cannabis products to consumers. Nothing herein shall be construed to prohibit a licensed retail cannabis store to purchase, sell, or transfer cannabis and cannabis products to another licensed retail cannabis store. (t) 'Unreasonably impracticable ' means that the measures necessary to comply with this Chapter require such a high investment of risk, money, time, or any other resource or asset that the operation of a cannabis establishment is not worthy of being carried out in

ry to comply with this Chapter require such a high investment of risk, money, time, or any other resource or asset that the operation of a cannabis establishment is not worthy of being carried out in practice by a reasonably prudent businessperson. § 8103. Personal Use of Cannabis. Notwithstanding any other provision of law, except as provided in this Chapter, the following acts by persons twenty -one (21) years of age or older are lawful and shall not be a criminal or civil offense under Guam law or be a basis for seizure or forfeitu re of assets under Guam law: (a) possessing, using, displaying, purchasing, or transporting cannabis accessories, one (1) ounce or less of cannabis, eight (8) grams or less of cannabis concentrate, or any cannabis -infused products containing eight hundred (800) mg or less of tetrahydrocan nabinol; COL 2024-12-0511 GCA FINANCE AND TAXATION CH. 8 GUAM CANNABIS INDUSTRY ACT 4 (b) possessing, growing, processing, or transporting no more than six (6) cannabis plants, with three (3) or fewer being mature flowering plants, and possession of the cannabis produced by the plants on the premises where the plants were grown; provided, that the growing takes

abis plants, with three (3) or fewer being mature flowering plants, and possession of the cannabis produced by the plants on the premises where the plants were grown; provided, that the growing takes place in an enclosed, locked place, is not conducted openly or publicly, and is not made available for sale; (c) transferring one (1) ounce or less of cannabis and immature cannabis plants; eight (8) grams or less of cannabis concentrate; or any cannabis -infused products containing eight hundred (800) mg or less of tetrahydrocannabinol to a person who is twenty -one ( 21) years of age or older without remuneration; (d) consumption of cannabis, except that absent regulations otherwise promulgated by the Cannabis Control Board, nothing in this Chapter shall permit the consumption of marijuana in public; and (e) assisting another person who is twenty -one (21) years of age or older in any of the acts described in Subsections (a) through (d) of this Section if such assistance is provided for a non - commercial purpose. (f) The provisions of this § 8103 do not apply to cannabis establishments as defined in this Chapter. § 8104. Restrictions on Personal Cultivation, Penalty.

s provided for a non - commercial purpose. (f) The provisions of this § 8103 do not apply to cannabis establishments as defined in this Chapter. § 8104. Restrictions on Personal Cultivation, Penalty. The personal cultivation of cannabis described in § 8103(b) of this Chapter is subject to the following terms: (a) Cannabis cultivation for personal use may only occur inside a private residence, inside an accessory structure to a private residence located upon the grounds of a private residence, or within a fully enclosed, locked outdoor space on the grounds of a priv ate residence; provided, that: (1) cultivation takes place within a closet, room, greenhouse, or other fully enclosed area that is equipped with a lock or other security device that allows access only to persons authorized to access the area; and (2) no more than six (6) plants are possessed, cultivated, or processed at a single residence or upon the grounds of that residence, at one (1) time; (b) cannabis cultivation for personal use may only occur on property lawfully possessed by the cultivator or with the consent of the person in lawful possession of the property; (c) cannabis plants shall be cultivated in a

n for personal use may only occur on property lawfully possessed by the cultivator or with the consent of the person in lawful possession of the property; (c) cannabis plants shall be cultivated in a location where the plants are not visible from any public location; (d) a person who cultivates cannabis shall take reasonable precautions to ensure the plants are secure from unauthorized access; and (e) a person who violates this Section while otherwise acting in compliance with § 8103(b) of this Chapter is guilty of a violation punishable by a fine of up to Five Hundred Dollars ($500). § 8105. Public Consumption Banned, Penalty. It is unlawful to consume cannabis openly and in public, unless otherwise permitted by regulations duly promulgated and enacted by the Cannabis Control Board. A person who violates this Section is guilty of a violation punishable by a fine of up to One Hun dred Dollars ($100). COL 2024-12-0511 GCA FINANCE AND TAXATION CH. 8 GUAM CANNABIS INDUSTRY ACT 5 § 8106. False Identification, Penalty. (a) A person who is under twenty -one (21) years of age may not present or offer to a licensed cannabis establishment or the cannabis establishment’s agent or employee

False Identification, Penalty. (a) A person who is under twenty -one (21) years of age may not present or offer to a licensed cannabis establishment or the cannabis establishment’s agent or employee any written or oral evidence of age that is false, fraudulent, or not actually the person’s own, for the purpose of: (1) purchasing, attempting to purchase, or otherwise procuring or attempting to procure cannabis or cannabis products; or (2) gaining access or attempting to gain access to a cannabis establishment. (3) A person who violates this Section is guilty of a violation punishable by a fine of up to Five Hundred Dollars ($500). (b) A licensee, or his or her agent or employee, shall not sell, give, nor permit to be sold, given, or served any cannabis or cannabis products to any person under twenty -one (21) years of age. For the purpose of preventing any violation of this Section, any licensee, or her or his agent or employee, may refuse to sell or serve cannabis or cannabis products to any person who is unable to produce adequate written evidence that she or he has reached the age of twenty -one (21) years.

t or employee, may refuse to sell or serve cannabis or cannabis products to any person who is unable to produce adequate written evidence that she or he has reached the age of twenty -one (21) years. In any criminal prosecution o r proceeding for the suspension or revocation of any license and based upon a violation of this Section, proof that the defendant licensee, or her or his agent or employee, demanded and was shown, before furnishing any cannabis or cannabis product to a min or, an identification card or other bona fide documentary evidence of majority of such person shall be a defense to such prosecution or proceeding for the suspension or revocation of any license, unless it is demonstrated that a reasonable person would hav e determined that the identification exhibited was altered or did not accurately describe the person to whom the cannabis or cannabis product was sold or served. Every person who violates this Section shall be guilty of a petty misdemeanor. § 8107. Cannabis Accessories Authorized. Notwithstanding any other provision of law, it is lawful and shall not be an offense under Guam law or be a basis for seizure or forfeiture of assets for persons twenty -one

s Accessories Authorized. Notwithstanding any other provision of law, it is lawful and shall not be an offense under Guam law or be a basis for seizure or forfeiture of assets for persons twenty -one (21) years of age or older to manufacture, possess, or purchase cannabis accessorie s, or to distribute or sell cannabis accessories to a person who is twenty -one (21) years of age or older. § 8108. Lawful Operation of Cannabis -Related Facilities. (a) Notwithstanding any other provision of law, the following acts, when performed by a retail cannabis store with a current, valid registration or a person twenty -one (21) years of age or older who is acting in his or her capacity as an owner, employee, or ag ent of a retail cannabis store, are lawful and shall not be an offense under Guam law or be a basis for seizure or forfeiture of assets under Guam law: (1) possessing, displaying, storing, or transporting cannabis, cannabis products, or cannabis accessories, except that such items may not be displayed in a manner that is visible to the general public from a public right -of-way; (2) delivering or transferring cannabis or cannabis products to a cannabis testing facility; (3)

ms may not be displayed in a manner that is visible to the general public from a public right -of-way; (2) delivering or transferring cannabis or cannabis products to a cannabis testing facility; (3) receiving cannabis or cannabis products from a cannabis cultivation facility or cannabis product manufacturing facility; (4) purchasing cannabis from a cannabis cultivation facility; (5) purchasing cannabis or cannabis products from a cannabis product manufacturing facility; COL 2024-12-0511 GCA FINANCE AND TAXATION CH. 8 GUAM CANNABIS INDUSTRY ACT 6 (6) delivering, distributing, or selling cannabis, cannabis products, or cannabis accessories to consumers ; and (7) delivering, distributing, or selling cannabis to consumers or other cannabis businesses if and only if there is no cannabis testing facility on Guam that is ISO 17025 accredited or certified by the Americans for Safe Access Patient Focused Certification Pr ogram. So long as the cannabis flowers or buds are marked with a label indicating the amount, strain, batch number, and date of harvest, name and address of licensed cultivation company and manufacturing company, as applicable, there shall be a disclaimer stating, 'the

indicating the amount, strain, batch number, and date of harvest, name and address of licensed cultivation company and manufacturing company, as applicable, there shall be a disclaimer stating, 'the marijuana contained within this package has not been tested for contaminants'; and 'Marijuana use can be addictive and can impair an individual’s ability to drive a motor vehicle or operate heavy machinery. Marijuana smoke contains carcinogen s and can lead to an increased risk for cancer, tachycardia, hypertension, heart attack, and lung infection. KEEP OUT OF REACH OF CHILDREN.' (A) Upon the licensure and opening of a cannabis testing facility by the Guam Cannabis Control Board, all cannabis must be tested as required by the applicable rules and regulations. The Guam Cannabis Control Board shall notify every licensee that it has ten ( 10) days to demonstrate that it is compliant with the relevant testing requirements. The company’s Responsible Official is responsible for demonstrating compliance. (B) Notwithstanding any other provision of law, rule, or regulation, in the absence of a licensed cannabis testing facility on Guam, cannabis cultivators may deliver, distribute or sell

g compliance. (B) Notwithstanding any other provision of law, rule, or regulation, in the absence of a licensed cannabis testing facility on Guam, cannabis cultivators may deliver, distribute or sell cannabis flowers or buds; provided, the cannabis cultivator attests under penalty of perjury their cannabis flowers or buds meets the requirements relating to contaminants contained in 3 GARR § 9802(f)(2). (b) Notwithstanding any other provision of law, the following acts, when performed by a cannabis cultivation facility with a current, valid registration or a person twenty -one (21) years of age or older who is acting in his or her capacity as an owner, employe e, or agent of a cannabis cultivation facility, are lawful and shall not be an offense under Guam law or be a basis for seizure or forfeiture of assets under Guam law: (1) cultivating, harvesting, processing, packaging, transporting, displaying, storing, or possessing cannabis; (2) delivering or transferring cannabis to a cannabis testing facility; (3) delivering, distributing, or selling cannabis to a cannabis cultivation facility, a cannabis product manufacturing facility, or a retail cannabis store; (4) receiving or

annabis testing facility; (3) delivering, distributing, or selling cannabis to a cannabis cultivation facility, a cannabis product manufacturing facility, or a retail cannabis store; (4) receiving or purchasing cannabis from a cannabis cultivation facility; and (5) receiving cannabis seeds or immature cannabis plants from a person twenty -one (21) years of age or older. (c) Notwithstanding any other provision of law, the following acts, when performed by cannabis product manufacturing facility with a current, valid registration or a person twenty -one (21) years of age or older who is acting in his or her capacity as an owner, employee, or agent of a c annabis product manufacturing facility, are lawful and shall not be an offense under Guam law or be a basis for seizure or forfeiture of assets under Guam law: (1) packaging, processing, transporting, manufacturing, displaying, or possessing cannabis or cannabis products; (2) delivering or transferring cannabis or cannabis products to a cannabis testing facility; and COL 2024-12-0511 GCA FINANCE AND TAXATION CH. 8 GUAM CANNABIS INDUSTRY ACT 7 (3) delivering or selling cannabis or cannabis products to a person or establishment

s to a cannabis testing facility; and COL 2024-12-0511 GCA FINANCE AND TAXATION CH. 8 GUAM CANNABIS INDUSTRY ACT 7 (3) delivering or selling cannabis or cannabis products to a person or establishment authorized to possess, use, display, purchase, or transport cannabis or cannabis products. (d) Notwithstanding any other provision of law, possessing, cultivating, processing, repackaging, storing, transporting, displaying, transferring, or delivering cannabis, when performed by a cannabis testing facility with a current, valid registration or a per son twenty -one (21) years of age or older who is acting in his or her capacity as an owner, employee or agent of a cannabis testing facility, are lawful and shall not be an offense under Guam law or be a basis for seizure or forfeiture of assets under Guam law. (e) Notwithstanding any other provision of law, it is lawful and shall not be an offense under Guam law or be a basis for seizure or forfeiture of assets under Guam law to lease or otherwise allow the use of property owned, occupied, or controlled by any perso n, corporation or other entity for any of the activities conducted lawfully in accordance with Subsections (a) through (d)

erwise allow the use of property owned, occupied, or controlled by any perso n, corporation or other entity for any of the activities conducted lawfully in accordance with Subsections (a) through (d) of this Section. (f) Nothing in this Section prevents the imposition of penalties upon cannabis establishments for violating this Chapter or rules adopted by the Cannabis Control Board referenced in § 8109 of this Chapter. SOURCE: Added by P.L. 35 -005:2 (April 4, 2019). Subitem (a)(7) added by P.L. 37 -116:2 (July 22, 2024) effective 90 calendar days after enactment and 'shall sunset two (2) years after the date of enactment ' pursuant to P.L. 37 -116:3 . § 8109. Cannabis Control Board. I Liheslaturan Guåhan shall create a Cannabis Control Board which shall assume the power, duties, and authority to promulgate rules and regulations necessary to enforce this Chapter. § 8110. Rulemaking. (a) No later than one (1) year after the effective date of this Act, the Cannabis Control Board shall prescribe forms and adopt such rules and regulations necessary for the implementation of this Chapter in accordance with Chapter 9 of Title 5, Guam Code Annot ated.

, the Cannabis Control Board shall prescribe forms and adopt such rules and regulations necessary for the implementation of this Chapter in accordance with Chapter 9 of Title 5, Guam Code Annot ated. Such regulations shall not prohibit the operation of cannabis establishments either expressly or through regulations that make their operation unreasonably impracticable. Such regulations shall include: (1) procedures and grounds for the issuance, renewal, suspension, denial, or revocation of a registration to operate a cannabis establishment; (2) a schedule of application, registration, and renewal fees; provided, that application fees shall not exceed Five Thousand Dollars ($5,000) with this upper limit adjusted annually for inflation, unless the Cannabis Control Board determines a greater fee is necessary to carry out its responsibilities under this Chapter; (3) qualifications for registration that are directly and demonstrably related to the operation of a cannabis establishment or security requirements for cannabis establishments, including for the transportation and storage of cannabis by cannabis establishment s; (4) requirements to prevent the sale or diversion of cannabis and

urity requirements for cannabis establishments, including for the transportation and storage of cannabis by cannabis establishment s; (4) requirements to prevent the sale or diversion of cannabis and cannabis products to persons under the age of twenty -one (21); (5) labeling and packaging requirements for cannabis and cannabis products sold or distributed by a cannabis establishment; (6) health and safety regulations and standards for the manufacture of cannabis products and the cultivation of cannabis; (7) reasonable restrictions on the advertising and display of cannabis and cannabis products; COL 2024-12-0511 GCA FINANCE AND TAXATION CH. 8 GUAM CANNABIS INDUSTRY ACT 8 (8) reasonable restrictions on the quantity of cannabis and cannabis products purchased at any one (1) time by a consumer so as to effectually prevent the resale of cannabis items; (9) implementation of a 'seed to sale' tracking system; (10) civil penalties for the failure to comply with regulations made pursuant to this Chapter; and (11) any other rules the Cannabis Control Board considers necessary for the administration of the Guam Cannabis Industry Act, and the implementation and enforcement of this Chapter.

this Chapter; and (11) any other rules the Cannabis Control Board considers necessary for the administration of the Guam Cannabis Industry Act, and the implementation and enforcement of this Chapter. (b) In order to ensure that individual privacy is protected, the Cannabis Control Board shall not require a consumer to provide a retail cannabis store with personal information other than government -issued identification to determine the consumer’s age, and a retail cannabis store shall not be required to acquire or record personal information about consumers. § 8111. Cannabis Establishment Registrations. (a) Each application or renewal application for a registration to operate a cannabis establishment shall be submitted to the Cannabis Control Board. A renewal application may be submitted up to ninety (90) days prior to the expiration of the cannabis establish ment’s registration. (b) The Cannabis Control Board shall begin accepting and processing applications to operate cannabis establishments no later than ninety (90) days after the regulations prescribed in § 8110 of this Chapter become effective.

Board shall begin accepting and processing applications to operate cannabis establishments no later than ninety (90) days after the regulations prescribed in § 8110 of this Chapter become effective. Upon receipt of an application for l icensure, the Cannabis Control Board shall not unreasonably delay the processing, approval, or rejection of the application, or if the application is approved, the issuance of the license. (c) The Cannabis Control Board shall issue an annual registration to the applicant within sixty (60) days after receiving an application, or thirty (30) days after receiving a renewal application, unless the Cannabis Control Board finds that the applicant is n ot in compliance with the regulations established pursuant to § 8110 of this Chapter. (d) Upon denial of an application, the Board shall notify the applicant in writing of the specific reason for its denial and of the applicant’s right to seek administrative and judicial review as provided for under the Guam Administrative Adjudication Law. (e) Every cannabis establishment registration shall specify the location where the cannabis establishment will operate, and said location shall have defined boundaries.

ministrative Adjudication Law. (e) Every cannabis establishment registration shall specify the location where the cannabis establishment will operate, and said location shall have defined boundaries. A separate registration is required for each location at which a cannabis establishment ope rates. The Cannabis Control Board may require reasonable restrictions for the operation of a licensed cannabis establishment. (f) Cannabis establishments, and books and records maintained and created by cannabis establishments, are subject to inspection by the Cannabis Control Board with reasonable notice to the owner or agent of the business. § 8112. Employers, Driving, Minors, and Control of Property. (a) Nothing in this Chapter shall be construed or interpreted to amend, repeal, affect, restrict, or preempt the rights and obligations of public and private employers to maintain a drug and alcohol free workplace; require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growth of cannabis in the workplace; or affect the ability of employers to have policies prohibiting the use of marijuana by employees and prospective employees

fer, display, transportation, sale, or growth of cannabis in the workplace; or affect the ability of employers to have policies prohibiting the use of marijuana by employees and prospective employees in the workplace. (b) Nothing in this Chapter is intended to affect the ability of employers to enact and enforce workplace policies restricting the use or consumption of cannabis by employees in the workplace. COL 2024-12-0511 GCA FINANCE AND TAXATION CH. 8 GUAM CANNABIS INDUSTRY ACT 9 (c) Nothing in this Chapter is intended to impair, restrict, or diminish the ability of a government agency to prohibit or restrict any of the actions or conduct otherwise permitted under this Chapter within a building owned, leased, or occupied by the governm ent agency. (d) Nothing in this Chapter is intended to allow driving under the influence of cannabis or to supersede laws related to driving under the influence of cannabis. (e) Nothing in this Chapter is intended to permit the transfer of cannabis, with or without remuneration, to a person under the age of twenty -one (21) years. (f) Nothing in this Chapter shall prohibit a person, employer, school, hospital, recreation, or youth center,

nabis, with or without remuneration, to a person under the age of twenty -one (21) years. (f) Nothing in this Chapter shall prohibit a person, employer, school, hospital, recreation, or youth center, correction facility, corporation, or any other entity who occupies, owns, or controls private property from prohibiting or otherwise regulating the po ssession, consumption, use, display, transfer, distribution, sale, transportation, or growing of cannabis on or in that property. § 8113. Excise Tax on Cannabis. (a) A Guam excise tax is imposed on the sale or transfer of cannabis from a cannabis cultivation facility to a retail cannabis store or cannabis product manufacturing facility. Every cannabis cultivation facility shall pay a Guam excise tax at the rate of fift een percent (15%) on the dollar value of cannabis that is sold or transferred from a cannabis cultivation facility to a retail cannabis store or cannabis product manufacturing facility. Provided further, that no such excise tax shall be levied upon cannabi s intended for sale as medical cannabis. (b) The Department of Revenue and Taxation shall establish procedures for the collection of all excise taxes levied.

h excise tax shall be levied upon cannabi s intended for sale as medical cannabis. (b) The Department of Revenue and Taxation shall establish procedures for the collection of all excise taxes levied. (c) The Cannabis Control Board may exempt certain parts of the cannabis plant from the excise tax described in Subsection (a), or may establish an alternate rate or tax structure in accordance with the rules and regulations promulgated in accordance with this Chapter. (d) There is hereby established a fund to be known as the Cannabis Fund which shall be maintained separate and apart from any other fund of the government of Guam and shall be administered by the Department of Administration. Fifty percent (50%) of the excise tax collected or received pursuant to § 8113(a) shall be deposited in the Cannabis Fund, and shall be annually allocated, and is hereby appropriated and shall be continued to be deemed appropriated as follows: (1) twenty -five percent (25%) of the Fund to the Department of Public Health and Social Services; and (2) twenty -five percent (25%) of the Fund for the following: (A) fifteen percent (15%) to the Guam Police Department for the purposes of recruiting or

tment of Public Health and Social Services; and (2) twenty -five percent (25%) of the Fund for the following: (A) fifteen percent (15%) to the Guam Police Department for the purposes of recruiting or maintaining police officers and purchasing equipment and detection devices; (B) fifteen percent (15%) to the Guam Customs and Quarantine Agency for the purposes of recruiting or maintaining customs and quarantine officers and purchasing equipment and detection devices; (C) twenty percent (20%) to the Department of Revenue and Taxation for operations consistent with the implementation of this Act; (D) forty percent (40%) to the Guam Behavioral Health and Wellness Center substance abuse treatment, prevention, and education; and COL 2024-12-0511 GCA FINANCE AND TAXATION CH. 8 GUAM CANNABIS INDUSTRY ACT 10 (E) ten percent (10%) to the Department of Agriculture’s Conversation Officer Law Enforcement Section for the purposes of recruiting or maintaining conservation officers and purchasing equipment and detection devices. § 8114. Monthly Statements and Payments. (a) Each cannabis cultivation facility shall send a statement by mail or electronically to the Department on or before the last

uipment and detection devices. § 8114. Monthly Statements and Payments. (a) Each cannabis cultivation facility shall send a statement by mail or electronically to the Department on or before the last day of each calendar month. The statement must contain an account of the amount of cannabis sold or transferred to retail cannabis s tores and cannabis product manufacturing facilities in Guam during the preceding month, setting out: (1) the total number of ounces, including fractional ounces sold or transferred; (2) the names and addresses of each buyer and transferee; and (3) the weight of cannabis sold or transferred to the respective buyers or transferees. § 8115. Federal Law, Applicability. Nothing in this Chapter proposes or intends to require any individual or entity to engage in any conduct that violates federal law, exempt any individual or entity from any requirement of federal law, or pose any obstacle to federal enforcement of federal law. § 8116. Prior Duties, Penalties, and Proceedings. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. § 8117. Contracts.

uties, Penalties, and Proceedings. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. § 8117. Contracts. No contract shall be void or unenforceable on the basis that manufacturing, distributing, dispensing, possessing, or using cannabis or marijuana products is prohibited by federal law. § 8118. Smoking of Cannabis Regulated. Smoking of cannabis products shall be regulated and enforced in accordance with the requirements of Chapter 90 of Title 10, Guam Code Annotated, known as the 'Natasha Protection Act of 2005.' § 8119. Unlawful Dissemination of Cannabis Odor. No person or business shall permit or cause the smoke or noxious odor from cannabis cultivation or consumption to emanate from its point of generation onto another real property that is not in its possession. Violations in this Section shall be deemed a nuisance in accordance with Part 3 of Chapter 10, Title 20, Guam Code Annotated and § 23101 of Chapter 23, Title 21, Guam Code Annotated. Violations of this Section and the resulting penalties herein are in addition to other violations and penalties of law. § 8120.

ode Annotated and § 23101 of Chapter 23, Title 21, Guam Code Annotated. Violations of this Section and the resulting penalties herein are in addition to other violations and penalties of law. § 8120. Baseline Data Study Prior to Enactment. Prior to enactment of the rules and regulations by the Cannabis Control Board, the Office of I Maga’håga/Maga’låhi , in collaboration with the Bureau of Statistics and Plans, Department of Public Health and Social Services, Guam Behavioral Health and Wellness Center, Guam Police Department, the Judiciary of Guam, and other relevant government of Guam agencies, shall co nduct a baseline study which consists of a collection of baseline data on cannabis use through population based surveys before enactment, and baseline data measuring various public safety and public health issues related to cannabis use in order to measure the impact of this Act. This study shall be reviewed annually by the Cannabis Control Board and used as a monitoring and comparison tool with public health and public safety data relative to cannabis use going forward. COL 2024-12-0511 GCA FINANCE AND TAXATION CH.

the Cannabis Control Board and used as a monitoring and comparison tool with public health and public safety data relative to cannabis use going forward. COL 2024-12-0511 GCA FINANCE AND TAXATION CH. 8 GUAM CANNABIS INDUSTRY ACT 11 2024 NOTE: Reference to the 'Governor' replaced with I Maga’håga/Maga’låhi pursuant to 5 GCA § 1510. ---------- COL 2024-12-05