(a) (1) Allowable amount means an amount of cannabis, in any form approved by the DPHSS, possessed by a qualified patient or collectively possessed by a qualified patient and the qualified patient’s primary caregiver to be no more than reasonably necessary to ensure the uninterrupted availability of cannabis that is derived solely from an intrastate source.

(2) The allowable amount shall consist of an amount not to exceed two and a half (2.5) ounces of dried cannabis or its THC equivalency as determined by the DPHSS, purchased from a dispensary every fourteen

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(14) calendar days. The qualified patient may request for an increased allowable amount of medical cannabis, prepared medical cannabis and medical cannabis products from the DPHSS on a DPHSS-provided form; provided, that the qualified patient provides a valid reason for legitimate need supported by a practitioner recommendation.

(3) The allowable amount shall be reviewed by the
Regulation Commission from time to time.

(b) Batch means a specific processed product produced by a medical cannabis commercial manufacturing facility that is produced at the same time, in the same facility, using the same method, and the same ingredients or extraction methods.

(c) Bona fide patient-practitioner relationship means the practitioner shall:

(1) review the medical history of the qualified patient;

(2) provide information and explain to the qualified patient about the benefits and risks of medical cannabis;

(3) perform or have performed an appropriate examination of the qualified patient, either physically or by the use of instrumentation and diagnostic equipment through which images and medical records may be transmitted electronically; except for medical emergencies, the examination of the patient shall have been performed by the practitioner himself or by a consulting practitioner prior to issuing a recommendation for medical cannabis; and

(4) initiate additional interventions and follow-up
care.

(d) (1) 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 compound, manufacture, salt, derivative,

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mixture, or preparation of the plant, its seeds, or its resin, including cannabis concentrate.

(2) “”Cannabis”” does not include the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other products.

(e) Canopy means the surface area utilized to produce mature marijuana plants calculated in square feet and measured using the outside boundaries of any area that includes mature marijuana plants, including all of the space within the boundaries.

(f) Chain of custody form means a form, approved by the DPHSS, to track the movement of medical cannabis as it is transferred from business to business.

(g) Commercial cultivation facility means a licensed medical cannabis business that plants, grows, harvests, dries, cures, grades, and trims medical cannabis, prepared medical cannabis and medical cannabis products for qualified patients.

(h) Commercial manufacturing facility means a licensed medical cannabis business that conducts the production, preparation, or compounding of manufactured medical cannabis, as described in the Act governing these Rules, or prepared medical cannabis.

(i) Crop means a specific complete harvest of medical cannabis grown from one (1) or more seeds or cuttings that are planted of the same genetic strain, that are planted and grown in the same facility using the same exact methods at the same time.

(j) Debilitating medical condition means: (1) cancer;
(2) glaucoma;

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(3) multiple sclerosis;

(4) damage to the nervous tissue of the spinal cord, with objective neurological indication of intractable spasticity;

(5) epilepsy;

(6) positive status for human immunodeficiency virus or acquired immune deficiency syndrome;

(7) admitted into hospice care in accordance with rules promulgated under this Act;

(8) post-traumatic stress disorder;

(9) rheumatoid arthritis or similar chronic autoimmune inflammatory disorders; or

(10) any other medical condition, medical treatment or disease for which the qualified patient’s practitioner has determined that the use of medical cannabis may provide relief.

(k) DPHSS means the Department of Public Health and
Social Services.

(l) Designated courier means a responsible official or employee of a licensed medical cannabis business who is twenty-one (21) years of age or older and who has not entered a plea of guilty to, a plea of nolo contendere to, been found guilty of, or been convicted of a felony offense. Designated couriers shall be designated by the licensed medical cannabis business to possess and transport cannabis for medicinal purposes. Designated couriers shall apply for a registry identification card.

(m) Medical Cannabis Dispensary means a licensed facility where medical cannabis, prepared medical cannabis, medical cannabis products, or paraphernalia are offered, either individually or in any combination, for retail sale, including an establishment that delivers, pursuant to express authorization by local ordinance, medical cannabis and prepared medical cannabis as part of a retail sale.

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(n) Felony offense means:

(1) a violent crime that was classified as a felony in the jurisdiction where the person was convicted;

(2) a violation of a state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted, but does not include:

(A) an offense for which the sentence, including any term of probation, incarceration, or supervised release, was completed ten (10) or more years earlier; or

(B) an offense involving conduct that would be immune from arrest, prosecution, or penalty under the Act except that the conduct occurred before the effective date of the Act or was prosecuted by an authority other than Guam; and

(3) a crime involving fraud, dishonest dealing, or moral turpitude that is or was formerly classified as a felony in the jurisdiction where the person was convicted.

(o) Enclosed, locked location means an area that is completely enclosed by solid walls at least ten (10) feet in height, constructed of metal, concrete, or stone on all sides or windows exclusive of doors and passage ways and away from public view.

(p) Gross weight means the weight of medical cannabis, prepared medical cannabis, or medical cannabis product that includes the weight of the packaging.

(q) Hospice care means palliative care for the terminally and seriously ill provided in a hospital, nursing home, or private residence.

(r) (1) Licensed medical cannabis business means any person or association of persons within Guam that the DPHSS determines to be qualified to laboratory test, cultivate, manufacture, or dispense medical cannabis

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pursuant to this Act, and that is licensed by the DPHSS
to do so.

(2) No practitioner providing written certification for the medical use of cannabis shall own or be employed by a licensed medical cannabis business.

(s) Licensed possessor means any person or association of persons within Guam that the DPHSS determines to be qualified to produce, possess, distribute, dispense, acquire, cultivate, process, transfer, transport, sell, administer, or conduct laboratory testing of cannabis pursuant to this Act and that is licensed or approved by the DPHSS.

(t) Lot means the flowers from one (1) or more medical cannabis plants of the same strain and from the same crop, in a quantity that weighs five (5) pounds or less, or the leaves or other plant matter from one (1) or more medical cannabis plants, other than full female flowers, in a quantity that weighs fifteen (15) pounds or less.

(u) Medical cannabis product means a product infused with medical cannabis or prepared medical cannabis intended for use or consumption such as, but not limited to, edibles and topical products.

(v) Medical use means the acquisition, cultivation, possession, processing, (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfer, transportation, sale, distribution, dispensing, or administration, or laboratory testing of cannabis, as well as the possession of cannabis paraphernalia, for the benefit of qualified patients in the treatment of debilitating medical conditions, or the symptoms thereof.

(w) Paraphernalia means accessories, devices, and other equipment that is necessary or used to assist or facilitate in the consumption of medical cannabis.

(x) Practitioner means a person licensed in Guam to prescribe and administer drugs that are subject to the Guam Uniform Controlled Substances Act. A practitioner shall not

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be a doctor of veterinary medicine or practice veterinary medicine.

(y) Prepared medical cannabis means cannabis manufactured or processed and intended for use or consumption through means such as, but not limited to, extracts, oils, tinctures, and suppositories.

(z) Primary caregiver means a resident of Guam who is at least twenty-one (21) years of age who is registered with the DPHSS, and who has been designated by the qualified patient as being necessary to assist the qualified patient in the medical use of cannabis in accordance with the provisions of this Act, and who so agrees to assist the qualified patient. Primary caregivers are prohibited from consuming cannabis obtained for the personal, medical use of the qualified patient.

(aa) Qualified patient means a person of Guam who has been diagnosed by a practitioner as having a debilitating medical condition and has received written certification for the medical use of cannabis.

(bb) Responsible official means:

(1) a president, vice-president, secretary, or treasurer of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation;

(2) a general partner or sole proprietorship;

(3) for a public agency: a principal executive officer, ranking elected official, or an authorized representative as approved by the Director. For the purposes of [this Act], a principal executive officer of a federal agency includes the chief executive officer, commanding officer, or equivalent rank or position, who has responsibility for the overall operations of a principal unit of the agency;

(4) a responsible official shall not have been convicted in any state or jurisdiction of the United

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States, including the Commonwealth of the Northern Mariana Islands, for the manufacture or delivery of a controlled substance in Schedule I or Schedule II; and

(5) a responsible official shall be registered with the DPHSS and hold a registry identification card.

(cc) Weight means the net weight of medical cannabis, prepared medical cannabis, and medical cannabis product in ounces without any packaging.

(dd) (1) Written certification means a statement in a qualified patient’s medical records or a statement signed by a qualified patient’s practitioner that, in the practitioner’s professional opinion, the qualified patient has a debilitating medical condition and the practitioner believes that the potential health benefits of the medical use of cannabis would likely outweigh the health risks for the qualified patient. The qualified patient’s practitioner shall keep a copy of the written certification on file and provide it upon request by the DPHSS or authorized law enforcement personnel.

(2) A written certification shall:

(A) be valid for no more than one (1) year from the date of issuance;

(B) include a signed declaration by the qualified patient’s practitioner affirming a bona fide practitioner-patient relationship;

(C) not include the qualified patient’s medical condition or any other information relating to the condition; and

(D) contain all of the following information: (i) the qualified patient’s full name;
(ii) the qualified patient’s date of birth;

(iii) the qualified patient’s address; and

(iv) the practitioner’s:

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(aa) first name; middle name, if applicable; last name; and suffix, if applicable;

(bb) Guam Board of Medical Examiners license number, including an identification of the physician license type or the practitioner’s license number from their appropriate licensing or regulatory board and the identification of the practitioner’s license type;

(cc) office address on file with the
practitioner’s licensing board;

(dd) telephone number on file with
the practitioner’s licensing board;

(ee) e-mail address; and

(ff) authenticated signature.

(ee) Business license means a business license issued by the DRT.

(ff) DRT means the Department of Revenue and
Taxation.

(gg) Drug Free School Zone means any area within one thousand (1,000) feet of a public or private elementary, secondary, or post-secondary educational institution or its accompanying grounds; or within the vehicle of any school bus which transports students while in motion.

(1) A Drug Free School Zone shall not include private real property which is not a school or the accompanying grounds of a school.

(2) This definition as it appears in this subsection and as it applies in this Chapter shall not be construed as to change or in any way alter the meaning of Drug Free School Zone as it is defined and prescribed in the Drug Free School Zone Act, Chapter 48 of Title 17, Guam Code Ann..

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SOURCE: Added by P.L. 32-237 (Feb. 21, 2015). Amended by P.L. 33-
220:2 (Dec. 17, 2016). Subsection (k) amended by P.L. 34-024:2 (July 13,
2017). Subsection (ee) added by P.L. 34-024:3 (July 13, 2017). Subsection (ff) added by P.L. 34-024:4 (July 13, 2017). Subsection (aa) amended by P.L. 34-080:3 (Feb. 9, 2018). Subsections (a), (g), (h), (o), and (t) amended
by P.L. 34-080:5 (Feb. 9, 2018). Subsection (gg) originally added as part of subsection (a)(4) by P.L. 34-080:6 (Feb. 9, 2018), and codified by the Compiler to this subsection.

2018 NOTE: The definition for “”Drug Free School Zone”” was originally part of subsection (a)(4), as added by P.L. 34-080:6 (Feb. 9, 2018). The Compiler codified the definition as a new subsection (gg) pursuant to the authority granted by 1 Guam Code Ann. § 1606.

2017 NOTE: Subsection/subitem designations added pursuant to the authority of 1 Guam Code Ann. § 1606.

As enacted, subsection (bb)(3) contained a reference to “”these rules and regulations.”” Pursuant to the authority granted by 1 Guam Code Ann. § 1606, the Compiler replaced the reference and inserted “”this Act”” in brackets, to accurately reflect the enactment by legislation, rather than adoption by administrative rules and regulations.

CROSS REFERENCE: See 10 Guam Code Ann. § 122530(b)(2)(A) for the definition of designated care giver (a person “”who has been designated by the qualified patient as being necessary to assist the qualified patient in the cultivation of medical cannabis in accordance with the provisions of this Section””), as compared to the definition of qualified giver in subsection (z) of this provision (a person “”who has been designated by the qualified patient as being necessary to assist the qualified patient in the medical use of cannabis in accordance with the provisions of this Act””).