Lawful Operation of Cannabis-Related Facilities

(a)Notwithstanding any other provision of law, the following acts, when performed by a retail cannabis store with a current, valid registration or a person twenty-one

(21)years of age or older who is acting in his or her capacity as an owner, employee, or agent of a retail cannabis store, are lawful and shall not be an offense under Guam law or be a basis for seizure or forfeiture of assets under Guam law:

(1)possessing, displaying, storing, or transporting cannabis, cannabis products, or cannabis accessories, except that such items may not be displayed in a manner that is visible to the general public from a public right-of-way;

(2)delivering or transferring cannabis or cannabis products to a cannabis testing facility;

(3)receiving cannabis or cannabis products from a cannabis cultivation facility or cannabis product manufacturing facility;

(4)purchasing cannabis from a cannabis cultivation facility;

(5)purchasing cannabis or cannabis products from a cannabis product manufacturing facility; CH. 8 GUAM CANNABIS INDUSTRY ACT

(6)delivering, distributing, or selling cannabis, cannabis products, or cannabis accessories to consumers; and

(7)delivering, distributing, or selling cannabis to consumers or other cannabis businesses if and only if there is no cannabis testing facility on Guam that is ISO 17025 accredited or certified by the Americans for Safe Access Patient Focused Certification Program. So long as the cannabis flowers or buds are marked with a label indicating the amount, strain, batch number, and date of harvest, name and address of licensed cultivation company and manufacturing company, as applicable, there shall be a disclaimer stating, “the marijuana contained within this package has not been tested for contaminants”; and “Marijuana use can be addictive and can impair an individual’s ability to drive a motor vehicle or operate heavy machinery. Marijuana smoke contains carcinogens and can lead to an increased risk for cancer, tachycardia, hypertension, heart attack, and lung infection. KEEP OUT OF REACH OF CHILDREN.”

(A)Upon the licensure and opening of a cannabis testing facility by the Guam Cannabis Control Board, all cannabis must be tested as required by the applicable rules and regulations. The Guam Cannabis Control Board shall notify every licensee that it has ten

(10)days to demonstrate that it is compliant with the relevant testing requirements. The company’s Responsible Official is responsible for demonstrating compliance.

(B)Notwithstanding any other provision of law, rule, or regulation, in the absence of a licensed cannabis testing facility on Guam, cannabis cultivators may deliver, distribute or sell cannabis flowers or buds; provided, the cannabis cultivator attests under penalty of perjury their cannabis flowers or buds meets the requirements relating to contaminants contained in 3 GARR § 9802(f)(2).

(b)Notwithstanding any other provision of law, the following acts, when performed by a cannabis cultivation facility with a current, valid registration or a person twenty-one

(21)years of age or older who is acting in his or her capacity as an owner, employee, or agent of a cannabis cultivation facility, are lawful and shall not be an offense under Guam law or be a basis for seizure or forfeiture of assets under Guam law:

(1)cultivating, harvesting, processing, packaging, transporting, displaying, storing, or possessing cannabis;

(2)delivering or transferring cannabis to a cannabis testing facility;

(3)delivering, distributing, or selling cannabis to a cannabis cultivation facility, a cannabis product manufacturing facility, or a retail cannabis store;

(4)receiving or purchasing cannabis from a cannabis cultivation facility; and

(5)receiving cannabis seeds or immature cannabis plants from a person twenty-one

(21)years of age or older.

(c)Notwithstanding any other provision of law, the following acts, when performed by cannabis product manufacturing facility with a current, valid registration or a person twenty-one

(21)years of age or older who is acting in his or her capacity as an owner, employee, or agent of a cannabis product manufacturing facility, are lawful and shall not be an offense under Guam law or be a basis for seizure or forfeiture of assets under Guam law:

(1)packaging, processing, transporting, manufacturing, displaying, or possessing cannabis or cannabis products;

(2)delivering or transferring cannabis or cannabis products to a cannabis testing facility; and CH. 8 GUAM CANNABIS INDUSTRY ACT

(3)delivering or selling cannabis or cannabis products to a person or establishment authorized to possess, use, display, purchase, or transport cannabis or cannabis products.

(d)Notwithstanding any other provision of law, possessing, cultivating, processing, repackaging, storing, transporting, displaying, transferring, or delivering cannabis, when performed by a cannabis testing facility with a current, valid registration or a person twenty-one

(21)years of age or older who is acting in his or her capacity as an owner, employee or agent of a cannabis testing facility, are lawful and shall not be an offense under Guam law or be a basis for seizure or forfeiture of assets under Guam law.

(e)Notwithstanding any other provision of law, it is lawful and shall not be an offense under Guam law or be a basis for seizure or forfeiture of assets under Guam law to lease or otherwise allow the use of property owned, occupied, or controlled by any person, corporation or other entity for any of the activities conducted lawfully in accordance with Subsections

(a)through

(d)of this Section.

(f)Nothing in this Section prevents the imposition of penalties upon cannabis establishments for violating this Chapter or rules adopted by the Cannabis Control Board referenced in § 8109 of this Chapter.