Title 11 — Finance and Taxation
59 chapters · 1,261 sections in this title.
11 GCA § 8101 Title
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This Chapter shall be known and may be cited as the “Guam Cannabis Industry Act of 2019.”
11 GCA § 8102 Definitions
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As used in this Chapter: (a) “Board” means the Cannabis Control Board referenced in § 8109 of this Chapter. (b) “Cannabis” means all parts of the plant of the genus cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every comp…
11 GCA § 8103 Personal Use of Cannabis
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Notwithstanding any other provision of law, except as provided in this Chapter, the following acts by persons twenty-one (21) years of age or older are lawful and shall not be a criminal or civil offense under Guam law or be a basis for seizure or forfeiture of assets under Guam …
11 GCA § 8104 Restrictions on Personal Cultivation, Penalty
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The personal cultivation of cannabis described in § 8103(b) of this Chapter is subject to the following terms: (a) Cannabis cultivation for personal use may only occur inside a private residence, inside an accessory structure to a private residence located upon the grounds of a p…
11 GCA § 8105 Public Consumption Banned, Penalty
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It is unlawful to consume cannabis openly and in public, unless otherwise permitted by regulations duly promulgated and enacted by the Cannabis Control Board. A person who violates this Section is guilty of a violation punishable by a fine of up to One Hundred Dollars ($100). COL…
11 GCA § 8106 False Identification, Penalty
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(a) A person who is under twenty-one (21) years of age may not present or offer to a licensed cannabis establishment or the cannabis establishment’s agent or employee any written or oral evidence of age that is false, fraudulent, or not actually the person’s own, for the purpose …
11 GCA § 8107 Cannabis Accessories Authorized
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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 for persons twenty-one (21) years of age or older to manufacture, possess, or purchase cannabis accessories, or to distribute or s…
11 GCA § 8108 Lawful Operation of Cannabis-Related Facilities
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(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 cann…
11 GCA § 8109 Cannabis Control Board
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I Liheslaturan Guåhan shall create a Cannabis Control Board which shall assume the power, duties, and authority to promulgate rules and regulations necessary to enforce this Chapter.
11 GCA § 8110 Rulemaking
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(a) No later than one (1) year after the effective date of this Act, the Cannabis Control Board shall prescribe forms and adopt such rules and regulations necessary for the implementation of this Chapter in accordance with Chapter 9 of Title 5, Guam Code Annotated. Such regulatio…
11 GCA § 8111 Cannabis Establishment Registrations
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(a) Each application or renewal application for a registration to operate a cannabis establishment shall be submitted to the Cannabis Control Board. A renewal application may be submitted up to ninety (90) days prior to the expiration of the cannabis establishment’s registration.…
11 GCA § 8112 Employers, Driving, Minors, and Control of Property
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(a) Nothing in this Chapter shall be construed or interpreted to amend, repeal, affect, restrict, or preempt the rights and obligations of public and private employers to maintain a drug and alcohol free workplace; require an employer to permit or accommodate the use, consumption…
11 GCA § 8113 Excise Tax on Cannabis
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(a) A Guam excise tax is imposed on the sale or transfer of cannabis from a cannabis cultivation facility to a retail cannabis store or cannabis product manufacturing facility. Every cannabis cultivation facility shall pay a Guam excise tax at the rate of fifteen percent (15%) on…
11 GCA § 8114 Monthly Statements and Payments
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(a) Each cannabis cultivation facility shall send a statement by mail or electronically to the Department on or before the last day of each calendar month. The statement must contain an account of the amount of cannabis sold or transferred to retail cannabis stores and cannabis p…
11 GCA § 8115 Federal Law, Applicability
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Nothing in this Chapter proposes or intends to require any individual or entity to engage in any conduct that violates federal law, exempt any individual or entity from any requirement of federal law, or pose any obstacle to federal enforcement of federal law.
11 GCA § 8116 Prior Duties, Penalties, and Proceedings
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This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
11 GCA § 8117 Contracts
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No contract shall be void or unenforceable on the basis that manufacturing, distributing, dispensing, possessing, or using cannabis or marijuana products is prohibited by federal law.
11 GCA § 8118 Smoking of Cannabis Regulated
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Smoking of cannabis products shall be regulated and enforced in accordance with the requirements of Chapter 90 of Title 10, Guam Code Annotated, known as the “Natasha Protection Act of 2005.”
11 GCA § 8119 Unlawful Dissemination of Cannabis Odor
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No person or business shall permit or cause the smoke or noxious odor from cannabis cultivation or consumption to emanate from its point of generation onto another real property that is not in its possession. Violations in this Section shall be deemed a nuisance in accordance wit…
11 GCA § 8120 Baseline Data Study Prior to Enactment
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Prior to enactment of the rules and regulations by the Cannabis Control Board, the Office of I Maga’håga/Maga’låhi, in collaboration with the Bureau of Statistics and Plans, Department of Public Health and Social Services, Guam Behavioral Health and Wellness Center, Guam Police D…