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2022 Guam Statutes
Title 10 - Health & Safety
Division 4 - Guam Health Act
Chapter 90A - Importation and Sale of Ingestible Tobacco

Universal Citation: 10 Guam Code §§ 90A101 - 90A103 (2022)
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10 GCA HEALTH AND S AFETY CH. 90A IMPORTATION AND S ALE OF INGESTIBLE TOBACCO CHAPTER 90A IMPORTATION AND SALE OF INGESTIBLE TOBACCO SOURCE: Chapter added by P.L. 30-163:2 (July 16, 2010). § 90A100. Title. § 90A101. Definitions. § 90A102. Importation of Ingestible Tobacco Film Strips, Tobacco Sticks, Tobacco Hard Candies, Nicotine Lollipops, Nicotine Lip Balms, and Nicotine Water to Guam Illegal: Punished. § 90A103. Effective Date. § 90A100. Title. This Chapter shall be known, and may be cited, as the “Prohibition of Ingestible Tobacco Film Strips, Tobacco Sticks, Tobacco Hard Candies, Nicotine Lollipops, Nicotine Lip Balm, and Nicotine Water.” § 90A101. Definitions. (a) Distributor means any person who imports tangible personal property or consumable goods and distributes to a retailer for resale. (b) Nicotine means a colorless, oily, water-soluble, highly toxic, liquid alkaloid, C1 0H1 4N2, found in tobacco and valued as an insecticide. Nicotine has powerful pharmacologic effects, including increased heart rate, heart stroke volume, and oxygen consumption by the heart muscle, as well as powerful psychodynamic effects, such as euphoria, increased alertness, and a sense of relaxation. Nicotine is also powerfully addictive. (c) Nicotine Lip Balm means any emollient product infused with any amount of any form of nicotine designed to be used on the lips for the purpose of delivering nicotine into the bloodstream through the mucous membranes. (d) Nicotine Lollipop means any sweetened, dissolvable confection infused with any amount of any form of nicotine, and available as a skewered hard candy, for the purpose of delivering nicotine into the bloodstream. (e) Nicotine Water means any bottled drinking water infused with any amount of any form of nicotine. (f) Orbs means the brand name of a dissolvable lozenge-type product 1 COL 03072011 10 GCA HEALTH AND S AFETY CH. 90A IMPORTATION AND S ALE OF INGESTIBLE TOBACCO made of finely ground and flavored tobacco that melts in the mouth within thirty (30) minutes. (g) Retailer means the seller of tangible personal property or consumable goods for consumption or use by the purchaser and not for resale. (h) Sticks means the brand name of a dissolvable toothpick-shaped product made of finely ground and flavored tobacco that melts in the mouth within ten (10) minutes. (i) Strips means the brand name of a dissolvable film-like product made of finely ground and flavored tobacco that melts in the mouth within three (3) minutes. § 90A102. Importation of Ingestible Tobacco Film Strips, Tobacco Sticks, Tobacco Hard Candies, Nicotine Lollipops, Nicotine Lip Balms, and Nicotine Water to Guam Illegal: Punished. (a) A person commits a felony when he imports, attempts to import, or causes to import ingestible tobacco film strips, tobacco sticks, tobacco hard candies, nicotine lollipops, nicotine lip balms, and nicotine water into the territorial jurisdiction of Guam. (b) Any ingestible tobacco film strips, tobacco sticks, tobacco hard candies, nicotine lollipops, nicotine lip balms, and nicotine water in violation of this Section shall be subject to seizure and forfeiture. (1) Any property subject to forfeiture under this Section shall be seized by a peace officer, including Guam Customs & Quarantine Officers, upon process issued by the Superior Court, except that seizure without such process may be made when the seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant; the property subject to seizure has been the subject of a prior judgment in a criminal injunction or forfeiture proceeding; or the peace officer has probable cause to believe that the property has been used or intended to be used in violation of this Section. In the event of a seizure pursuant to this Subsection, proceedings under Subsection (c) shall be instituted promptly. (c) Property taken or detained under this Section shall not be repleviable, but shall be deemed to be in the custody of the government subject only to the orders and decrees of the Court. Whenever property is 2 COL 03072011 10 GCA HEALTH AND S AFETY CH. 90A IMPORTATION AND S ALE OF INGESTIBLE TOBACCO seized under the provisions of this Section, the government shall destroy all ingestible tobacco film strips, tobacco sticks, tobacco hard candies, nicotine lollipops, nicotine lip balms, and nicotine water seized and forfeited upon order of the Court. (d) Any person found guilty of the importation, attempted importation or causing the importation of ingestible tobacco film strips, tobacco sticks, tobacco hard candies, nicotine lollipops, nicotine lip balms, and nicotine water to Guam shall be guilty of a felony and be subject to imprisonment for not more than five (5) years, a fine not to exceed Twenty-five Thousand Dollars ($25,000.00) per incident of importation, or both such fine and imprisonment. § 90A103. Effective Date. This Act shall take effect ninety (90) days after its enactment. ---------- 3 COL 03072011 COL 03072011
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