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2022 Guam Statutes
Title 11 - Finance & Taxation
Division 1 - Department of Revenue and Taxation.
Chapter 9 - Cannabis Control Board

Universal Citation: 11 Guam Code §§ 9101 - 9110 (2022)
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11 GCA FINANCE & TAXATION CH. 9 CANNABIS CONTROL BOARD CHAPTER 9 CANNABIS CONTROL BOARD SOURCE: Chapter 9 added by P.L. 35-005:3 (April 4, 2019). § 9101. § 9102. § 9103. § 9104. § 9105. § 9106. § 9107. § 9108. § 9109. § 9110. Short Title. Cannabis Control Board, Established. Appointment of Members; Term. Qualifications of Members. Meetings of Board; Quorum; Chairperson, Vice Chairperson. Staff Support. Duties of Board. Limitations on Board Jurisdiction. Cannabis Control Fund, Created. Licensing Prohibition for Establishments Near 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 Board” (Board) within the Department of Revenue and Taxation. § 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 designee; (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 1 COL11/29/2022 11 GCA FINANCE & TAXATION CH. 9 CANNABIS CONTROL BOARD 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 least one (1) year immediately preceding the appointment; be at least twenty-one (21) years of age; not have been convicted of a crime, other than traffic offenses, that involves moral turpitude; and, must not be an applicant for, or hold a license to conduct any activities under the Board’s supervision and regulation. § 9105. Meetings of Board; Quorum; Chairperson, Vice 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 present, 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 proper to enable it to carry out the purposes of this Chapter and the purposes of the 2 COL11/29/2022 11 GCA FINANCE & TAXATION CH. 9 CANNABIS CONTROL BOARD “Guam Cannabis Industry Act of 2019.” The jurisdiction, supervision, powers and duties of the Board shall extend to any person who buys, sells, produces, possesses, transports, 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, including hearings for the purpose of approving cannabis licenses and any other business allowed under this Chapter; (b) promulgating such rules and regulations, as may be necessary to fulfill the intent, policies, and purposes of this Chapter, pursuant to the Administrative Adjudication Law in Chapter 9 of Title 5, Guam Code Annotated; (c) levying fines and penalties for any violation of provisions of this Chapter and the regulations promulgated 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 licensed 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 policy 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 onsite 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, production, processing, transportation, and delivery of cannabis and cannabis products to be sold to consumers by a retail cannabis store in accordance with the provisions of this Chapter and the provisions of Chapter 8, Title 11 GCA; (g) granting, refusing, suspending, or canceling licenses for the sale, processing, or production of cannabis items, or other licenses in regard to cannabis items, and to 3 COL11/29/2022 11 GCA FINANCE & TAXATION CH. 9 CANNABIS CONTROL BOARD permit, in its discretion, the transfer of a license of any person; (h) investigating and aiding in the prosecution of every violation of Guam law relating to cannabis items, and 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 regulations; (j) exercising all powers incidental, convenient or necessary to enable it to administer or carry out the provisions of this Chapter, and the provisions of Chapter 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 scientific, pharmaceutical, manufacturing, mechanical, industrial, 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 percent of delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the cannabis plant regardless of moisture content; (o) conducting an annual summit with the Department of Revenue and Taxation, the Department of Agriculture, the Department of Public Health and Social Services, the Guam Police Department, the Department of Land Management, 4 COL11/29/2022 11 GCA FINANCE & TAXATION CH. 9 CANNABIS CONTROL BOARD and other stakeholders in the government and private 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 cannabis 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 suspensions or expulsions, resulting from cannabis use or possession of cannabis or cannabis products; and (4) a compilation of data on the number of penalties, arrests, prosecutions, incarcerations, or 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 Labor, and the Guam Economic Development Authority. The Board shall annually submit its report to the Speaker of I Liheslaturan Guåhan and, when appropriate, make recommendations for further research or policy changes. 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 has no 5 COL11/29/2022 11 GCA FINANCE & TAXATION CH. 9 CANNABIS CONTROL BOARD power to purchase, own, sell, or possess any cannabis items. § 9109. Cannabis Control Fund, Created. There is hereby created, separate and apart from all other funds of the government of Guam, the Cannabis Control Fund (Fund). All fees, fines, penalties, and other charges 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 appropriation from I Liheslaturan Guåhan, except that sixty percent (60%) of all funds shall be appropriated to the Guam Behavioral Health and Wellness Center for the following purposes: (1) Twenty percent (20%) of the sixty percent (60%) appropriation to GBHWC shall be used for cannabis prevention and education programs for those 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 education 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 enforcement 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. 36107:XII:43 (Sept. 12, 2022). § 9110. Licensing Prohibition for Establishments Near Schools. The Board shall not issue a license for a cannabis establishment located within a distance of one thousand (1,000) feet from any public or private school and other places or facilities where youth generally congregate, which include childcare centers, public playgrounds, and parks. The measurements 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 6 COL11/29/2022 11 GCA FINANCE & TAXATION CH. 9 CANNABIS CONTROL BOARD which a license is applied. The provisions of this Section shall not prohibit the renewal of any valid license previously 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 provided that the premises of such licensed cannabis establishment shall not subsequently be added to or enlarged. ---------- 7 COL11/29/2022
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