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11 GCA FINANCE & TAXATION CH. 9 CANNABIS CONTROL BOARD 1 CHAPTER 9 CANNABIS CONTROL BOARD SOURCE: Chapter 9 added by P.L. 35-005:3 (April 4, 2019). § 9101. Short Title. § 9102. Cannabis Control Board, Established. § 9103. Appointment of Members; Term. § 9104. Qualifications of Members. § 9105. Meetings of Board; Quorum; Chairperson, Vi ce Chairperson. § 9106. Staff Support. § 9107. Duties of Board. § 9108. Limitations on Board Jurisdiction. § 9109. Cannabis Control Fund, Created. § 9110. Licensing Prohibition for Establishments Ne ar Schools. § 9101. Short Title. This Chapter shall be known as the 'Cannabis Control Board Act of 2019.' § 9102. Cannabis Control Board, Established. There is hereby established a 'Cannabis Control Boa rd' (Board) within the Department of Revenue and Taxati on. § 9103. Appointment of Members; Term. The Board shall have a membership of nine (9) members who are appointed by and serve at the pleasure of I Maga'hågan Guåhan. (a) One (1) member shall be the Director of the Department of Revenue and Taxation, or his or her d esignee; (b) one (1) member shall be the Director of the Department of Agriculture, or his or her designee; (c) one (1) member shall be

ctor of the Department of Revenue and Taxation, or his or her d esignee; (b) one (1) member shall be the Director of the Department of Agriculture, or his or her designee; (c) one (1) member shall be the Director of the Department of Public Health and Social Services or his or her designee; (d) one (1) member shall be the Director of the Guam COL11/29/202211 GCA FINANCE & TAXATION CH. 9 CANNABIS CONTROL BOARD 2 Behavioral Health and Wellness Center or his or her designee; (e) one (1) member shall be the General Manager of the Guam Visitors Bureau or his or her designee; (f) one (1) member shall be the Chief of the Guam Police Department or his or her designee; (g) one (1) member shall represent the Guam business community; and (h) two (2) members shall represent the general public, and at least one (1) member from the general public shall possess a medical cannabis card. Each member shall serve a term of four (4) years. § 9104. Qualifications of Members. Each member shall be a citizen of the United States of America or a permanent resident of Guam for at leas t one (1) year immediately preceding the appointment; be at least twenty-one (21) years of age; not have been convicted of

of the United States of America or a permanent resident of Guam for at leas t one (1) year immediately preceding the appointment; be at least twenty-one (21) years of age; not have been convicted of a cri me, other than traffic offenses, that involves moral turpitude; an d, must not be an applicant for, or hold a license to conduct any act ivities under the Board’s supervision and regulation. § 9105. Meetings of Board; Quorum; Chairperson, Vic e Chairperson. The Board shall meet at least monthly and may meet more frequently as its duties require. A quorum shall consist of at least three (3) members being present for the conduct of all official business. At its initial meeting, a quorum being pr esent, the members shall select their chairperson and vice chairperson. § 9106. Staff Support. The Department of Revenue and Taxation shall provide staff support for the Board. § 9107. Duties of Board. The Board shall have all of the powers and duties specified in this Chapter, and also the powers necessary or p roper to enable it to carry out the purposes of this Chapter and th e purposes of the COL11/29/202211 GCA FINANCE & TAXATION CH.

d duties specified in this Chapter, and also the powers necessary or p roper to enable it to carry out the purposes of this Chapter and th e purposes of the COL11/29/202211 GCA FINANCE & TAXATION CH. 9 CANNABIS CONTROL BOARD 3 'Guam Cannabis Industry Act of 2019.' The jurisdict ion, supervision, powers and duties of the Board shall extend to any person who buys, sells, produces, possesses, transp orts, or delivers any cannabis items within Guam. The Board shall be responsible for: (a) conducting hearings pertaining to any violation of this Chapter or regulations promulgated hereby, inc luding hearings for the purpose of approving cannabis lice nses and any other business allowed under this Chapter; (b) promulgating such rules and regulations, as may be necessary to fulfill the intent, policies, and purp oses of this Chapter, pursuant to the Administrative Adjudicatio n Law in Chapter 9 of Title 5, Guam Code Annotated; (c) levying fines and penalties for any violation o f provisions of this Chapter and the regulations prom ulgated by the Board; (d) requiring and demanding access to, for the purposes of inspecting, examining, photocopying, or auditing, all papers, books, and records

this Chapter and the regulations prom ulgated by the Board; (d) requiring and demanding access to, for the purposes of inspecting, examining, photocopying, or auditing, all papers, books, and records of a licen sed cannabis business on its premises or elsewhere as practical, including inspecting the gross income produced by a cannabis establishment and verification of their income, and all other matters affecting the enforcement of the Board’s po licy or as required pursuant to this Chapter; (e) the types of licenses or permits to be covered by the cannabis license and its structure, including onsit e ingestion, application of topicals, and smoking or vaping in a manner consistent with Chapter 90 of Title 10 GCA; (f) regulating the testing, purchase, sale, product ion, processing, transportation, and delivery of cannabi s and cannabis products to be sold to consumers by a reta il cannabis store in accordance with the provisions of this Chapter and the provisions of Chapter 8, Title 11 G CA; (g) granting, refusing, suspending, or canceling licenses for the sale, processing, or production of cannabis items, or other licenses in regard to cannabis item s, and to COL11/29/202211 GCA

1 G CA; (g) granting, refusing, suspending, or canceling licenses for the sale, processing, or production of cannabis items, or other licenses in regard to cannabis item s, and to COL11/29/202211 GCA FINANCE & TAXATION CH. 9 CANNABIS CONTROL BOARD 4 permit, in its discretion, the transfer of a licens e of any person; (h) investigating and aiding in the prosecution of every violation of Guam law relating to cannabis items, a nd cooperating in the prosecution of offenders before the Superior Court of Guam; (i) adopting such regulations as are necessary and feasible for carrying out the intent and provisions of this Chapter and to amending or repealing such regulatio ns; (j) exercising all powers incidental, convenient or necessary to enable it to administer or carry out t he provisions of this Chapter, and the provisions of C hapter 8, Title 11 GCA; (k) regulating and prohibiting any advertising by manufacturers, processors, wholesalers or retailers of cannabis items by newspapers, letters, billboards, radio, television, or otherwise; (l) regulating the use of cannabis items for scient ific, pharmaceutical, manufacturing, mechanical, industri al, and other purposes; (m) adopting

etters, billboards, radio, television, or otherwise; (l) regulating the use of cannabis items for scient ific, pharmaceutical, manufacturing, mechanical, industri al, and other purposes; (m) adopting separate regulations as are necessary and feasible for the public display and use of cannabis items at exhibitions promoting cannabis as an alternative to pharmaceuticals; (n) adopting separate regulations as are necessary and feasible for the development of a hemp program for strains of cannabis that exceed three tenths percent (0.3%) on a dry weight basis of any part of the cannabis plant, or per volume or weight of cannabis product, or the combined perc ent of delta-9-tetrahydrocannabinol and tetrahydrocannabin olic acid in any part of the cannabis plant regardless o f moisture content; (o) conducting an annual summit with the Department of Revenue and Taxation, the Department of Agricult ure, the Department of Public Health and Social Services, th e Guam Police Department, the Department of Land Managemen t, COL11/29/202211 GCA FINANCE & TAXATION CH. 9 CANNABIS CONTROL BOARD 5 and other stakeholders in the government and privat e sectors to discuss the regulation of cannabis on

tment of Land Managemen t, COL11/29/202211 GCA FINANCE & TAXATION CH. 9 CANNABIS CONTROL BOARD 5 and other stakeholders in the government and privat e sectors to discuss the regulation of cannabis on Guam; (p) developing an annual report which shall include, but not be limited to: (1) incidents of impaired driving, hospitalization, and use of other health care services related to ca nnabis use on Guam; (2) ownership and employment trends in Guam’s cannabis industry examining participation by racial , ethnic, and socioeconomic subgroups, including identification of barriers to participation in the industry; (3) a compilation of data on the number of incidents of discipline in schools, including suspe nsions or expulsions, resulting from cannabis use or posse ssion of cannabis or cannabis products; and (4) a compilation of data on the number of penalties, arrests, prosecutions, incarcerations, o r sanctions imposed for violations under this Act. The Board shall incorporate available data into its report and coordinate with the Department of Public Health and Social Services, the Guam Department of Education, the Guam Police Department, the Guam Department of Labo r, and the Guam

data into its report and coordinate with the Department of Public Health and Social Services, the Guam Department of Education, the Guam Police Department, the Guam Department of Labo r, and the Guam Economic Development Authority. The Bo ard shall annually submit its report to the Speaker of I Liheslaturan Guåhan and, when appropriate, make recommendations for further research or policy chan ges. The annual reports shall be posted online on I Liheslaturan Guåhan’s website; and (q) prescribing forms and adopting such rules and regulations as the Board deems necessary for the implementation and administration of this Chapter no later than one (1) calendar year after the effective date of this Act. § 9108. Limitations on Board Jurisdiction. The Board shall not regulate the personal cultivation of cannabis as may be allowed by Guam law. The Board h as no COL11/29/202211 GCA FINANCE & TAXATION CH. 9 CANNABIS CONTROL BOARD 6 power to purchase, own, sell, or possess any cannab is items. § 9109. Cannabis Control Fund, Created. There is hereby created, separate and apart from al l other funds of the government of Guam, the Cannabis Contr ol Fund (Fund).

or possess any cannab is items. § 9109. Cannabis Control Fund, Created. There is hereby created, separate and apart from al l other funds of the government of Guam, the Cannabis Contr ol Fund (Fund). All fees, fines, penalties, and other charg es resulting from the licensing and enforcement of adult cannabis use on Guam shall be deposited in this Fund. (a) Expenditures of the Fund shall be by appropriat ion from I Liheslaturan Guåhan , except that sixty percent (60%) of all funds shall be appropriated to the Guam Beha vioral Health and Wellness Center for the following purpos es: (1) Twenty percent (20%) of the sixty percent (60%) appropriation to GBHWC shall be used for cannabis prevention and education programs for thos e under twenty-one (21) years of age; (2) Forty percent (40%) of the sixty percent (60%) appropriation to GBHWC shall be used for substance abuse, treatment, prevention and educatio n programs; and (b) The remaining forty percent (40%) of all funds deposited in the Fund shall be appropriated to the Department of Revenue and Taxation for carrying out enforcemen t and regulation of adult use cannabis and to support its responsibilities as set out in this Chapter.

Fund shall be appropriated to the Department of Revenue and Taxation for carrying out enforcemen t and regulation of adult use cannabis and to support its responsibilities as set out in this Chapter. SOURCE: Added by P.L. 35-005:3 (April 4, 2019). Amended by P.L. 36- 107:XII:43 (Sept. 12, 2022). § 9110. Licensing Prohibition for Establishments Ne ar Schools. The Board shal l not issue a license for a cannabis establishment located within a distance of one thou sand (1,000) feet from any public or private school and other pl aces or facilities where youth generally congregate, which include chi ldcare centers, public playgrounds, and parks. The measure ments shall be taken in a straight line from the center of the nearest entrance to the building of such school or place or facility stated herein to the center of the nearest entrance of the cannabis establishment for COL11/29/202211 GCA FINANCE & TAXATION CH. 9 CANNABIS CONTROL BOARD 7 which a license is applied. The provisions of this Section shall not prohibit the renewal of any valid license previousl y issued and in effect at the time of a subsequent construction or establishment of a school or place or facility stated herein

s Section shall not prohibit the renewal of any valid license previousl y issued and in effect at the time of a subsequent construction or establishment of a school or place or facility stated herein within five hundred (500) feet of such licensed cannabis establishment, and p rovided that the premises of such licensed cannabis establishment shall not subsequently be added to or enlarged. ---------- COL11/29/2022