(a) The DPHSS shall license one (1) or more independent medical cannabis testing laboratories to laboratory test medical cannabis, prepared medical cannabis, and medical cannabis products that are to be sold on Guam for medical use. A licensed testing laboratory shall be completely independent from all licensed medical cannabis business that will cultivate, manufacture, or dispense medical cannabis.

(b) At a minimum, such a testing laboratory must be able to test samples of medical cannabis, prepared medical cannabis, and medical cannabis products to accurately determine the following:

(1) the concentration of delta-9-tetrahydrocannabinol
(THC) and cannabidiol (CBD);

(2) the presence and identification of molds and fungus; (3) the presence of fertilizers and other nutrients;
(4) the presence of heavy metals and other contaminants, including pesticides; and

(5) active ingredient identification.

(c) The DPHSS shall establish rules for acceptable amounts of molds and fungus, heavy metals, and other contaminants in the cannabis; determine operational standards and protocols for testing, retesting, rejecting, and destroying batches of cannabis that do not meet the acceptable amounts; and certifying private and independent testing laboratories to test medical cannabis,

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prepared cannabis, and medical cannabis products that are sold by a licensed medical cannabis business.

(d) Such medical cannabis testing laboratory must be certified/accredited by a third-party, nonprofit, impartial organization.

(e) The testing laboratory may acquire and possess unlimited amounts of testing samples for the purposes of laboratory testing medical cannabis.

(f) (1) The commercial cultivation facility and commercial manufacturing facility must sort medical cannabis into identical lots according to the cannabis crop and prepared medical cannabis and medical cannabis products into identical batches.

(2) The commercial cultivation facility and commercial manufacturing facility shall quarantine a lot or batch of medical cannabis, prepared medical cannabis, or medical cannabis product from being handled and sold until after the results of the laboratory testing has been completed and submitted to the DPHSS and the commercial cultivation facility or commercial manufacturing facility.

(3) An employee of a medical cannabis testing laboratory shall select a random sample from each batch to be tested by the laboratory.

(g) Cannabis being transported to and from a testing
laboratory must be labeled “”For Testing Purposes Only.””

(h) Cannabis in the possession of a testing laboratory or in the process of testing, transport or analysis must be housed and stored in a manner to prevent diversion, theft and loss.

(i) (1) If the laboratory testing results indicate unacceptable amounts of contaminants in a medical cannabis, prepared medical cannabis, or medical cannabis product, the testing laboratory shall notify the DPHSS and the responsible official of the licensed medical cannabis business from which the medical cannabis, prepared medical cannabis, or medical cannabis product originated.

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(2) The responsible official of the licensed medical cannabis business shall immediately quarantine the products. The responsible official of the licensed medical cannabis business may request for medical cannabis or medical cannabis product to be retested.

(3) A lot of medical cannabis or batch of prepared medical cannabis or medical cannabis product shall only be tested at most three (3) times.

(4) The responsible official shall document the destruction or disposal of the quarantined medical cannabis or medical cannabis product that has been tested to be unacceptable in accordance with this Section.

(j) All excess medical cannabis, prepared medical cannabis, or medical cannabis product possessed by a testing laboratory must be returned to the source or destroyed. The testing laboratory shall create and maintain records of any exchange of cannabis, as well as any disposal of cannabis, and of any hazardous chemicals used by the testing laboratory.

(k) The testing laboratory shall issue written reports of the full analysis and results from the tested batch of cannabis to the licensed medical cannabis business that requested the test and the DPHSS. Written reports of the full analysis and results from the tested batch of medical cannabis, prepared medical cannabis, and medical cannabis products shall be made available to the public by request.

(l) A licensed medical cannabis business may request for a retest of any lot or batch of cannabis or batch of cannabis product.

(m) The licensed medical cannabis business selling or distributing cannabis must place a label in a conspicuous area on the product’s packaging stating the CBD and THC levels in percentage or milligrams, as applicable, and a statement that the cannabis product has been tested and has met the acceptable standards determined by the DPHSS.

(n) This Section does not prohibit a commercial cultivation site, commercial manufacturing site, or Medical cannabis dispensary from operating a laboratory within their business.

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However, all medical cannabis must be laboratory tested at an independent medical cannabis testing laboratory that has been licensed by the DPHSS.

SOURCE: Added as part of the amendments by P.L. 33-220:2 (Dec. 17,
2016).

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