Guam Administrative Code

§ 11203. Denial or Approval of an Application for a Registry Identification Card for a Responsible Official or Designated Courier. (a) The Department shall verify the information contained in the application and shall approve or deny the application within thirty (30) calendar da…

§ 11204. Revoking the Registry Identification Card of a Responsible Official or Designated Courier. (a) The Department may revoke a responsible official’s or designated courier’s registry identification card within twenty- D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVIC…

§ 11205. Changing the Information on a Registry Identification Card of a Responsible Official or Designated Courier. (a) To make an amendment to the responsible official’s or designated courier’s name or home or mailing address on the cardholder’s registry identification card, th…

§ 11206. Types of Medical Cannabis Businesses. (a) Commercial Cultivation Facility (b) Commercial Manufacturing Facility (c) Dispensary (d) Medical Cannabis Testing Laboratory.

§ 11207. Types of Medical Cannabis Licenses. (a) Type 1 Commercial Cultivation License - for cultivation of less than or equal to two thousand five hundred (2,500) square feet of canopy on single premises. (b) Type 2 Commercial Cultivation License - for cultivation of two thousan…

§ 11208. Requirements for a Medical Cannabis License. D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 62 (a) Legal residents of Guam who have maintained continuous legal residential address(es) on Guam for a period of no less than three (3) years prior to the applicat…

§ 11209. Application Process for a Medical Cannabis License. (a) The responsible official of a commercial cultivation facility, commercial manufacturing facility, dispensary, or a medical cannabis testing laboratory shall submit in person an application for the appropriate medica…

§ 11210. Applying for a Medical Cannabis License. To apply for a commercial cultivation license, commercial manufacturing facility license, dispensary license, or a medical cannabis testing laboratory license, the responsible official from the medical cannabis business, who is tw…

§ 11211. Issuance of a Medical Cannabis License. (a) The Department will determine the application for a medical cannabis license is complete if it includes all the requested information in the form prescribed by the Department; all the required documentation described in these r…

§ 11212. Permit to Operate a Medical Cannabis Business. (a) To apply for a Permit to Operate a medical cannabis business, the responsible official shall submit in person to the Department the following: (1) An application in a form prescribed by the Department that includes: (A) …

§ 11213. Operation Standards for Cultivators. (a) A commercial cultivation facility will comply with all local, health, fire, and zoning requirements and other applicable requirements and shall not be in violation of Guam’s building and zoning laws or any other applicable law, ru…

§ 11214. Operation Standards for Manufacturers. A commercial manufacturing business: (a) Will comply with all local, health, fire, and zoning requirements and other applicable requirements and shall not be in violation of Guam’s building and zoning laws or any other applicable la…

§ 11215. Operation Standards for Dispensaries. D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 79 (a) A dispensary shall comply with all local, health, fire, and zoning requirements and other applicable requirements and shall not be in violation of Guam’s building and…

§ 11216. Medical Cannabis Testing Laboratory Certification. (a) All medical cannabis, prepared medical cannabis and medical cannabis products on Guam shall be tested for potency and safety by a medical cannabis testing laboratory licensed by D IV . 1 - D IRECTOR OF P UBLIC H EALT…

§ 11217. Medical Cannabis Testing Laboratory Standards and Testing Protocols. D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 85 (a) The medical cannabis testing laboratory shall select a random sample, not to exceed 10 grams per lot, from each lot of medical cannabis…

§ 11218. Laboratory Testing Protocols for Cultivators, Manufacturers and Dispensaries. (a) The commercial cultivation business must sort medical cannabis into identical lots according to the cannabis crop and the commercial manufacturing business must sort the prepared medical ca…

§ 11219. Health and Safety. (a) A medical cannabis business shall comply with all local health, safety and sanitation regulations and may be subject to inspection by the Department to confirm that no health or safety concerns are present which may contaminate the medical cannabis…

§ 11220. Cleaning and Sanitation. (a) The grounds of the medical cannabis facility must be kept in good condition that protects against the contamination of components, packaging components, in-process materials, medical cannabis, prepared medical cannabis and medical cannabis pr…

§ 11221. Heating, Cooling, Ventilation, and Air Filtration. Heating, ventilating, cooling, and air filtration must be installed and maintained in a medical cannabis facility as needed to ensure the quality of the medical cannabis, prepared medical cannabis, and medical cannabis p…

§ 11222. Waste and Wastewater Disposal. (a) Medical marijuana and medical marijuana-infused product waste must be stored, secured, and managed in accordance with all applicable federal and local laws, regulations, and ordinances. (b) Liquid waste from medical cannabis businesses …

§ 11223. Security. D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 100 (a) A medical cannabis business shall implement appropriate security measures to prevent the unauthorized access into areas containing cannabis and the theft and diversion of cannabis. (b) A medica…

§ 11224. Tracking System. D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 104 (a) A licensed medical cannabis business shall acquire, operate, and maintain a secure computer software tracking system that can interface with the Department’s computer software tracking s…

§ 11225. Inventory Control System for Cultivators. (a) For each crop of marijuana cultivated: (1) The crop number; (2) Whether the crop originated from marijuana seeds or marijuana cuttings; (3) The strain of the marijuana seeds or cuttings planted; (4) The number of marijuana se…

§ 11226. Inventory Control System for Manufacturers. (a) A commercial manufacturing business shall only acquire medical cannabis from a licensed medical cannabis business licensed by the Department on Guam. (b) Prior to commencing business, the manufacturing agent shall do the fo…

§ 11227. Inventory Control System for Dispensaries. (a) A dispensary shall only acquire medical cannabis, prepared medical cannabis and medical cannabis products from a commercial cultivation business or commercial manufacturing business licensed by the Department on Guam. (b) Pr…

§ 11228. Signage, Labeling and Packaging. D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 117 (a) A dispensary shall not post any signage displaying lewd images or words, and shall follow the signage statutes applicable within the territory. (b) Labels and packages of…

§ 11229. Chain of Custody Form. All sales and transfers of medical cannabis, prepared medical cannabis and medical cannabis products from licensed medical cannabis business to licensed shall be tracked on a Chain of Custody form with the required elements pursuant to 10 GCA, Divi…

§ 11230. Transport of Cannabis. (a) Medical cannabis, prepared medical cannabis and medical cannabis products shall only be transported by (1) a designated courier of a licensed medical cannabis business with a valid registry identification card, (2) a qualified patient with a va…

§ 11231. Loss of Cannabis. Any loss of medical cannabis, prepared medical cannabis or medical cannabis product over one (1) ounce due to theft or natural disaster shall be reported to the Department and the Guam Police Department within twenty-four (24) hours, along with the asso…

§ 11232. Inspections. (a) Authorized members of the Department, the Guam Police Department and other law enforcement agencies, the Guam Fire Department, Department of Public Works, Guam Environmental Protection Agency and the Guam Department of Agriculture may conduct inspections…

§ 11233. Destruction and Disposal of Cannabis. (a) All laboratory tested cannabis determined to be unusable or contaminated according to the minimum laboratory testing requirements set by these rules and regulations in § 11217 (e) must be destroyed and/or disposed in accordance w…

§ 11234. Amending the Information on the Medical Cannabis License or Permit to Operate. (a) The responsible official of a medical cannabis business shall notify the Department in writing of any changes to the information that was in the application for a medical cannabis license …

§ 11235. Expiration and Renewal of Medical Cannabis License and Permit to Operate. (a) All medical cannabis licenses and Permit to Operate are valid for one (1) year from the issue date for all medical cannabis businesses. (10 GCA § 122517) (b) The responsible official of a comme…

§ 11236. Suspension of Permit to Operate and Revocation of a Medical Cannabis License. (a) The Department may suspend the Permit to Operate or revoke the medical cannabis license of any licensed medical cannabis business that violates any provision of these rules and regulations …

§ 11237. Surrender of a Medical Cannabis License. (a) Upon revocation of its certification, the medical cannabis testing laboratory shall: (1) Surrender its accreditation or certification to the Department; (2) No longer accept or test medical cannabis, prepared medical cannabis …

§ 11238. Employee Records. (a) A medical cannabis business shall establish and maintain written policies and procedures governing the qualifications, recruitment, hiring and training of employees and subcontractors. (b) No person under twenty-one (21) years of age shall be employ…

§ 11301. Criminal and Civil Penalties for the Medical Use of Cannabis. (a) Qualified patients, primary caregivers, licensed possessors, practitioners and authorized employees of a medical cannabis business or the Department are exempted from criminal or civil penalties for posses…

§ 11302. Confidential Database. (a) The Department shall create and maintain a confidential database that will include: (1) An electronic system that will track licenses granted to commercial cultivation businesses, commercial D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S E…

§ 11303. Record Keeping. (a) A medical cannabis business shall keep all required business operation records confidential. D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 136 (b) A medical cannabis business shall retain all required business operation records for a min…

§ 11304. Compassionate Cannabis Use Fund. All fees, reimbursements, assessments, fines and other funds generated by the Medical Marijuana Program will be deposited into the Compassionate Cannabis Use Fund, a non- lapsing revolving fund administered by the Department. The funds wi…

§ 11305. Annual Report. An annual report will be submitted to I Liheslaturan Guåhan and I Maga'låhen Guåhan at the end of each fiscal year pursuant to 10 GCA, Division 1, Chapter 12 Part 2, Article 25, § 122523 (b).

§ 11306. Voluntary and Mandatory Recalls. D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 138 The medical cannabis business shall have written procedures describing the handling of voluntary and mandatory recalls of medical cannabis, prepared medical cannabis and medi…

§ 11307. Cessation of Business Operations. (a) If a medical cannabis business intends to cease business operations before the expiration of the medical cannabis license or Permit to Operate, the medical cannabis business shall provide a written notification to the Department at l…

§ 11308. Registry Identification Card Optional. (a) Pursuant to 10 GCA, Division 1, Chapter 12 Part 2, Article 25 § 122524, registry identification cards are only required for primary caregivers, responsible officials and designated couriers in order to possess or handle medical …

§ 11309. Confidential Database. (a) The Department shall create and maintain an electronic data file of qualified patients, primary caregivers, responsible officials, designated courier, medical cannabis businesses and their employees. (b) The data files shall include all informa…

§ 11310. Severability. If any provision of these rules and regulations or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of these rules and regulations that can be given ef…

§ 11311. Effective Date. These rules and regulations shall take effect upon enactment into law. -------