Title 9 — Crimes and Corrections

As used in this Act: (a) “Act” means the Uniform Controlled Substances Act of Guam. (b) “Administer”, unless the context otherwise requires, means to apply a controlled substance, whether by injection, inhalation, ingestion or any other means, directly to the body of a patient, a…

(a) The Department of Public Health and Social Services shall administer this Act and may add substances to or delete or re-schedule substances listed in Appendices A, B, C, D or E of this Act pursuant to the Administrative Adjudication Law, Title 5 Guam Code Annotated § 9100, et…

The controlled substances listed in or added to the schedules in Appendices A, B, C, D and E of this Act are listed or added by any official, common, usual, chemical or trade name used.

Unless specifically excepted by Guam or Federal laws, or Guam or Federal regulation, or more specifically included in another schedule, Schedule I controlled substances are listed in Appendix A of this Act. 2022 NOTE: Appendix A was amended by P.L. 36-089:2 (Apr. 11, 2022).

(a) DPHSS shall add, in accordance with § 67.201(a), a substance to Schedule I upon finding that the substance: (1) has a high potential for abuse; (2) has no currently accepted medical use in treatment in the United States; and (3) lacks accepted safety use under medical supervi…

Unless specifically excepted by Guam or Federal law, or Guam or Federal regulation, or more specifically included in another schedule, Schedule II controlled substances are listed in Appendix B of this Act. 2022 NOTE: Appendix B was amended by P.L. 36-089:3 (Apr. 11, 2022).

(a) DPHSS shall add, in accordance with § 67.201(a), a substance to Schedule II upon finding that: (1) the substance has a high potential for abuse; COL 2024-12-05 (2) the substance has currently accepted medical use in treatment in the United States, or currently accepted medica…

Unless specifically excepted by Guam or Federal law, or regulation or more specifically included in another schedule, Schedule III controlled substances are listed in Appendix C of this Act. 2022 NOTE: Appendix C was amended by P.L. 36-089:4 (Apr. 11, 2022).

(a) DPHSS shall add, in accordance with § 67.201(a), a substance to Schedule III upon finding that: (1) the substance has a potential for abuse less than the substances included in Schedules I and II; (2) the substance has currently accepted medical use in treatment in the United…

Unless specifically excepted by Guam or Federal law, or Guam or Federal regulation, or more specifically included in another schedule, Schedule IV controlled substances are listed in Appendix D of this Act. 2022 NOTE: Appendix D was amended by P.L. 36-089:5 (Apr. 11, 2022).

(a) DPHSS shall add, in accordance with § 67.201(a), a substance to Schedule IV upon finding that: (1) the substance has a low potential for abuse relative to substances included in Schedule III; (2) the substance has currently accepted medical use in treatment in the United Stat…

Unless specifically excepted by Guam or Federal law, or Guam or Federal regulation or more specifically included in another schedule, Schedule V controlled substances are listed in Appendix E of this Act. 2022 NOTE: Appendix E was amended by P.L. 36-089:6 (Apr. 11, 2022).

(a) DPHSS shall add a substance, in accordance with § 67.201(a), to Schedule V upon finding that: (1) the substance has a low potential for abuse relative to substances included in Schedule IV; (2) the substance has currently accepted medical use in treatment in the United States…

DPHSS may publish updated schedules periodically. Failure to publish updated schedules is not a defense for any administrative or judicial proceeding under this Act.

A controlled substance analog, to the extent intended for human consumption, must be treated, for the purposes of this Act, as a substance included in Schedule I. Within twenty (20) days after the initiation of prosecution with respect to a controlled substance analog by indictme…

(a) DPHSS shall adopt rules and charge reasonable fees relating to the registration and control of the manufacture, distribution and dispensing of controlled substances in Guam. (b) The fees provided for in this Section shall be collected to combat diversion of controlled substan…

(a) A person who manufactures, distributes or dispenses a controlled substance within Guam or who proposes to engage in the manufacture, distribution or dispensing of a controlled substance within Guam, shall obtain annually a registration issued by DPHSS in accordance with rules…

(a) DPHSS shall register an applicant to manufacture or distribute substances included in Schedules I through V, unless DPHSS determines that the issuance of the registration would be inconsistent with the public interest. In determining the public interest, DPHSS shall consider …

(a) DPHSS may suspend or revoke a registration under § 67.303 to manufacture, distribute or dispense a controlled substance upon finding that the registrant has: (1) furnished false or fraudulent material information in an application filed under this Act; (2) been convicted of a…

(a) Before denying, suspending, revoking or refusing to renew a registration, DPHSS shall serve upon the applicant or registrant an order to show cause why registration should not be denied, suspended or revoked, or the renewal refused. The order must state its grounds and direct…

A person registered to manufacture, distribute or dispense controlled substances under this Act shall keep records and maintain inventories in compliance with Federal law, and rules adopted by DPHSS.

A registrant may distribute a substance included in Schedule I or II to another registrant only by means of an order form. Compliance with Federal law respecting order forms constitutes compliance with this Section.

(a) As used in this Section, “medical treatment” includes dispensing or administering a narcotic drug for pain, including intractable pain; however, this does not include dispensing any controlled substance to a fighting cock or a competitive racing dog for their performance or a…

(a) Narcotic drug dependent means an individual who physiologically needs heroin or a morphine-like drug to prevent the onset of signs of withdrawal. (b) The administering or dispensing, but not prescribing, of narcotic drugs listed in any schedule to a narcotic drug dependent pe…

(a) In this Section, “diversion” means the transfer of a controlled substance from a lawful to an unlawful channel of distribution or use. (b) DPHSS may periodically prepare and make available to other state regulatory, licensing and law enforcement agencies a report on the patte…

Punishments Classified According to Drug Class Involved. (a) Except as authorized by this Act, it shall be unlawful for any person knowingly or intentionally: (1) to manufacture, deliver or possess with intent to manufacture, deliver or dispense a controlled substance; or (2) to …

Any person who is guilty of an offense pursuant to § 67.603 of this Act shall be subject to the following penalties: (a) Except as provided in § 67.401.10 (b), any such person shall, with respect to any such offense, be fined not more than Twenty-five Thousand Dollars ($25,000.00…

Possession of Methamphetamine. Except as stipulated in § 67.401.12, the Court shall impose a sentence of imprisonment of no less than three (3) years and no more than five (5) years, and a fine of Fifteen Thousand Dollars ($15,000.00), on persons convicted of a third-degree felon…

the Possession of Methamphetamine. In cases where § 67.401.11 is applicable to the sentencing of a person, a person who has not been previously convicted of a felony relative to the possession of any controlled substance and has been convicted of a felony for the first time relat…

(a) It is unlawful for any person knowingly or intentionally to possess a controlled substance, unless such substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as …

(a) Use of Inhalants. It is unlawful for a person to inhale, ingest, apply or smell the gases, vapors or fumes of an aerosol spray product, volatile chemical, substance or other inhalant, that is not used pursuant to the instructions or prescription of a licensed health care prov…

(a) The Guam Behavioral Health and Wellness Center shall maintain a “List of Known Inhalants with Potential for Abuse.” Such list shall contain all known substances with the potential for abuse as defined in § 67.401.2.1 of this Chapter. The list shall be: (1) reviewed and update…

The dispensing, sale, or distribution at retail of pseudoephedrine, or any derivative of pseudoephedrine, shall be subject to the following requirements: COL 2024-12-05 (a) Any medication containing pseudoephedrine, or any derivative of pseudoephedrine, shall be placed behind the…

Penalties imposed for violation of this Act and civil remedies provided under this Act are in addition to, and not in lieu of, any civil remedy, administrative penalty or sanction otherwise authorized by law.

Any person who is convicted of an offense pursuant to § 67.401.1 of this Act shall be sentenced as follows: (a) If he is guilty of an offense pursuant § 67.401.1(b)(1) of this Act, he shall be sentenced to imprisonment for not less than twenty (20) nor more than thirty (30) years…

Any person who is guilty of an offense pursuant to § 67.402(a) of this Act may, in addition to imprisonment for felony of the third degree, be fined not more than Twenty-five Thousand Dollars ($25,000.00), except that if any person commits such offense after previously being conv…

Any person who is guilty of an offense pursuant to § 67.403(a) of this Act may, in addition to imprisonment for felony of the third degree, be fined not more than Thirty Thousand Dollars ($30,000.00); except, that if any person commits such offense after previously being convicte…

Except as otherwise provided in Chapter 80 of Title 9 of the Guam Code Annotated, no limitation shall be placed in the information concerning the background, character and conduct of a person convicted of an offense which the Superior Court of Guam may receive and consider for th…

(a) [No text] (1) No person who stands convicted of an offense under §§ 67.401.1 - 67.401.3 or §§ 67.402 - 67.408 or §§ 67.410 - 67.412 of this Act shall be sentenced to increased punishment by reason of one (1) or more prior convictions unless, before trial or before entry of a …

(a) Any person who: (1) contrary to §§ 67.601 or 67.602 of this Act, knowingly or intentionally imports or exports a controlled substance; or (2) contrary to § 67.604 of this Act, knowingly or intentionally brings or possesses on board a vessel or aircraft a controlled substance;…

(a) A person shall not knowingly or intentionally: (1) Distribute or dispense a controlled substance in violation of §§ 67.308.1 and 67.308.2, if said person is subject to Article 3. (2) Manufacture a controlled substance not authorized by that person’s registration, or distribut…

(a) A person shall not knowingly or intentionally: (1) distribute a controlled substance included in Schedule I or II, except pursuant to an order form required by § 67.307, if said person is a registrant; (2) use in the course of the manufacture, distribution or dispensing of a …

(a) A person may not knowingly or intentionally make or distribute or possess a punch, die, place, stone or other thing designed to print, imprint or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or a likeness of any of the foregoin…

(a) A person may not knowingly or intentionally deliver, or possess with intent to deliver, a noncontrolled substance representing it to be a controlled substance. (b) A person may not knowingly or intentionally deliver or possess with intent to deliver, a noncontrolled substance…

Any person who conspires, solicits or attempts to commit any offense defined in this Act shall be punished as prescribed for the commission of the offense which was the object of the conspiracy, solicitation or attempt.

Illness, Disease or Defect, or to Pregnant Persons; Distribution Near Schools or Drug Free School Zones; Penalties. (a) Any person who is at least eighteen (18) years of age who is found guilty of an offense pursuant to § 67.401.1 (a)(1) of this Chapter by distributing a substanc…

(a) Any person who is eighteen (18) or more years of age shall not knowingly or intentionally employ, hire, use, persuade, induce, entice or coerce an individual under eighteen (18) years of age to violate or assist in avoiding detection or apprehension for a violation of this Ac…

(a) It shall be unlawful for any person knowingly or intentionally to engage in a continuing criminal enterprise relative to a controlled substance. A person is engaged in a continuing enterprise relative to a controlled substance if: (1) he commits an offense under any provision…

(a) A person shall not knowingly or intentionally receive or acquire proceeds, or engage in transactions involving proceeds, known to be derived from a violation of this Act. (b) A person shall not knowingly or intentionally give, sell, transfer, trade, invest, conceal, transport…

(a) [No text] COL 2024-12-05 (1) Any person convicted of an offense under Article 6 of this Act with respect to a controlled substance listed in Schedule I or II of this Act which is a narcotic drug, if it is the offender’s second or subsequent offense, the person shall be senten…