Title 9 — Crimes and Corrections

(a) Whenever any person who has not previously been convicted of an offense under this Act or under any statute of the United States or of any state relating to narcotic drugs or stimulant, depressant or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a…

Methamphetamine. The provisions of § 67.412 shall not apply in the case of a violation defined as third degree felony in § 67.401.2 that involves the controlled substance known as methamphetamine.

If an individual is adjudicated guilty of a violation of this Act for which the individual is eligible for probation, the Court may impose a sentence authorized by this Act, may place the individual on probation as authorized by this Section, or may impose a combination of a sent…

(a) A person convicted of a violation of this Act, and every individual placed on probation under § 67.412, must be assessed for each offense a sum of not less than Five Hundred Dollars ($500.00) nor more than Three Thousand Dollars ($3,000.00). The assessment is in addition to a…

[Repealed.] SOURCE: Repealed and reenacted by P.L. 25-164:V:12 (Sept. 26, 2000). Repealed by P.L. 36-071:11 (Dec. 27, 2021). 2022 NOTE: Prior to its repeal by P.L. 36-071:11 (Dec. 27, 2021), this provision stated: All fines collected by the Superior Court of Guam for violation of…

(a) An officer or employee of GPD designated by the Chief of Police may: (1) carry firearms in the performance of the officer’s and employee’s official duties; (2) execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas and summons issued…

(a) In this Section, controlled premises means: (1) places where persons registered or exempted from registration requirements under this Act are required to keep records; and (2) places, including factories, warehouses, establishments and conveyances, in which persons registered…

(a) The following shall be subject to forfeiture and no property right shall exist in them: (1) all controlled substances which have been or are intended to be manufactured, distributed, dispensed, acquired or held in violation of the provisions of this Act; (2) all raw materials…

A search warrant relating to offenses involving controlled substances may be served at any time of the day or night if the judge or magistrate issuing the warrant is satisfied that there is probable cause to believe that grounds exist for the warrant.

(a) The Guam Superior Court has jurisdiction to restrain or enjoin violations of this Act. (b) The defendant may demand trial by jury for an alleged violation of an injunction or restraining order under this Section.

(a) The Attorney General, DPHSS and GPD shall cooperate with Federal and other state agencies in discharging their responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, the Attorney General, DPHSS and GPD …

Cause for Forfeiture. (a) It shall not be necessary for the government to negate any exemption or exception in this Act in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under this Act. The burden of proof of any such exempti…

(a) [No text] (1) It shall not be necessary for the government to negate any exemption or exception in this Act in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under this Act. The burden of proof of any such exemption or ex…

Final determinations, findings and conclusions of DPHSS under this Act are subject to review under the Administrative Adjudication Law, Title 5 Guam Code Annotated § 9100, et seq.

(a) DPHSS or the Guam Behavioral Health and Wellness Center, or both, may carry out education programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs DPHSS and GBHWC may: (1) promote better recognition of the problems of…

All final determinations, findings and conclusions of the Attorney General under this Act are final and conclusive decisions of the matters involved. Any person aggrieved by such decision may obtain review of the decision in the Superior Court. Findings of fact by the Attorney Ge…

For the purpose of this Article, the term import means, with respect to any article, any bringing in or introduction of any such article into any area on Guam.

(a) Except for a person registered pursuant to § 67.606 of this Act or exempted pursuant to § 67.604 or § 67.605 of this Act, it shall be unlawful and punishable as a felony of the first degree to import into Guam any controlled substance listed in Schedule I or II of this Act or…

(a) It shall be unlawful and punishable as a felony of the first degree to export from Guam any narcotic drug listed in Schedule I, II, III or IV of this Act unless: (1) it is exported to a country which is a party to: (A) the International Opium Convention of 1912 for the Suppre…

Notwithstanding §§ 67.601, 67.602 and 67.605 of this Act: (a) A controlled substance listed in Schedule I of the Act, may: (1) be imported into Guam for transshipment to another country, provided the controlled substance does not remain on Guam for more than seventy-two (72) hour…

(a) It shall be unlawful and punishable as a felony of the first degree for any person to bring or possess on board any vessel or aircraft arriving in or departing from Guam a controlled substance listed in Schedule I or II of this Act, unless such substance or drug is a part of …

(a) The following persons shall not be required to register under the provisions of this Section and may lawfully possess a controlled substance: (1) an agent or employee of any importer or exporter registered under § 67.606 of this Act if such agent or employee is acting in the …

(a) The Attorney General shall register an applicant to import or export a controlled substance listed in Schedule I or II if the Attorney General determines that such registration is consistent with the public interest and with United States obligations under international treat…

It shall be unlawful and punishable, as a felony of the first degree, for any person to manufacture or distribute a controlled substance listed in Schedule I or II of this Act: (a) intending that such substance be unlawfully imported into Guam; or (b) knowing that such substance …

Enforcement Agencies. Unless there is a positive conflict between this Act and the Federal Drug Abuse Prevention and Control Act so that the two (2) cannot consistently stand together, the U.S. Congress has provided (21 U.S.C. § 901) that there is no intent on the part of Congres…

This Act applies to violations of law, seizures and forfeiture, injunctive proceedings, administrative proceedings and investigations that occur following the effective date of this Act.

(a) This Act does not affect or abate a prosecution for a violation of law occurring before the effective date of this Act. If the offense being prosecuted is similar to one set out in Article 4, the penalties under Article 4 apply if they are less than those under former law. (b…

Orders issued and rules adopted under any law affected by this Act and in effect on the effective date of this Act and not in conflict with this Act continue in effect until modified, superseded or repealed. Rights and duties that matured, penalties that were incurred and proceed…

(a) The Attorney General may maintain a civil action against a person who violates § 67.411 to obtain a judgment for damages in an amount equal to the gross income and the value of assets acquired directly or indirectly by the person by reason of violation of § 67.411, together w…

A civil action under this Act must be commenced within seven (7) years after the claim for relief became known or should have become known, excluding any time during which a party is out of Guam or in confinement, or during which criminal proceedings relating to a party are in pr…

This Act may be cited as the “Guam Uniform Controlled Substances Act.”

If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of thi…

This Act takes effect thirty (30) days after enactment. ARTICLE 8 SALVIA DIVINORUM 2011 NOTE: Public Law 30-174:1 (July 16, 2010) authorized the Compiler of Laws to codify the foregoing section in the appropriate title of the GCA. The Compiler added a new Article 8 to this chapte…

[Repealed.] SOURCE: Added by P.L. 30-174:2 (July 16, 2010). Repealed by P.L. 31-164:3 (Jan. 4, 2012). ---------- COL 2024-12-05 Appendix A 2019 NOTE: P.L. 35-005:4 (April 4, 2019) stated: “marijuana is hereby declassified as a Schedule I Controlled Substance. Any reference by the…