Penalties

Prohibitions, Restrictions, and Limitations on the Medical Use of Cannabis – Criminal

(a)Participation in the medical use of cannabis by a qualified patient, or primary caregiver, patient’s designated caregiver, or multiple patients’ designated caregiver does not relieve the qualified patient or primary caregiver from:

(1)criminal prosecution or civil penalties for activities not permitted by this Act;

(2)liability for damages or criminal prosecution arising out of the operation of a vehicle while under the influence of cannabis; or

(3)criminal prosecution or civil penalty for possession or use of cannabis:

(A)in a school bus or public vehicle;

(B)on school grounds or property;

(C)in the workplace of the qualified patient’s or primary caregiver’s employment; or

(D)at a public park, recreation center, youth center, or other public place.

(b)A person who makes a fraudulent representation to a law enforcement officer about the person’s participation in a medical use of cannabis program to avoid arrest or prosecution for a cannabis-related offense is guilty of a petty misdemeanor.

(c)If a licensed possessor or employee of a licensed medical cannabis business sells, distributes, dispenses, or transfers cannabis to a person not permitted to participate in the medical use of cannabis under this Act, or obtains or transports cannabis outside Guam in violation of federal law, the licensed possessor or employee of a licensed medical cannabis business shall be subject to arrest, prosecution and civil or criminal penalties in accordance with Guam law.