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 COL 03072011 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.