10 Guam Code Ann. § 122504
Terms Used In 10 Guam Code Ann. § 122504
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
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pursuant to § 122503(a) and the amount of cultivated plants authorized by § 122530(d) of this Article.
(b) A qualified patient’s primary caregiver, patient’s designated caregiver, or multiple patients’ designated caregiver is presumed to be engaged in the medical use of cannabis and shall not be subject to arrest, prosecution, or penalty in any manner for the possession of cannabis for medical use by the qualified patient if the caregiver possesses a quantity of cannabis that does not exceed the allowable amount or possesses a quantity that does not exceed the quantity of cannabis authorized for home cultivation under § 122530(d) of this Article where applicable; provided, that the caregiver is assisting in the registered qualified patient’s medical use of cannabis pursuant to this Act, and is acting in accordance with all of the requirements of this Act. For purposes of this Section, the allowable amount and the amounts allowed under § 122530(d) of this Article shall be quantified separately to ensure that a qualified patient and/or a caregiver may possess both up to the allowable amount pursuant to § 122503(a) and the amount of cultivated plants authorized by § 122530(d) of this Article.
(c) Subsection (a) of this Section shall not apply to a qualified patient under the age of eighteen (18) years, unless:
(1) the qualified patient’s practitioner has explained the potential risks and benefits of the medical use of cannabis to the qualified patient, and to a parent, guardian, or person having legal custody of the qualified patient; and
(2) a parent, guardian, or person having legal custody consents in writing to:
(A) allow the qualified patient’s medical use of
cannabis;
(B) serve as the qualified patient’s primary caregiver and/or patient’s designated caregiver; and
(C) control the dosage and the frequency of the medical use of cannabis by the qualified patient.
(d) A qualified patient, primary caregiver, patient’s designated caregiver, or multiple patients’ designated caregiver
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shall be granted the full legal protections provided in this Section if such person is in possession of a written certification and/or a cannabis home cultivation permit where applicable.
(e) A practitioner shall not be subject to arrest or prosecution, penalized in any manner or denied any right or privilege for recommending the medical use of cannabis or providing written certification for the medical use of cannabis pursuant to this Act.
(f) A licensed possessor or employee of a licensed medical cannabis business shall not be subject to arrest, prosecution, or penalty, in any manner, for the production, possession, distribution, dispensing, acquisition, cultivation, processing, transferring, transporting, selling, or laboratory testing of cannabis or medical cannabis paraphernalia in compliance with this Act; provided, that they are registered and certified or authorized by the DPHSS and are acting in accordance with this Act.
(g) (1) Any property interest that is possessed, owned or used in connection with the medical use of cannabis or home cultivation of medical cannabis pursuant to § 122530 of this Article, or acts incidental to such use, shall not be harmed, injured, or destroyed while in the possession of state or local law enforcement officials.
(2) Any such property interest shall not be forfeited under any local law providing for the forfeiture of property, except as provided in the Special Assets Forfeiture Fund, 10
GCA §§ 79101 – 79105.
(3) Cannabis, paraphernalia, or other property seized from a qualified patient or caregiver in connection with the claimed medical use of cannabis shall be returned immediately upon the determination by a court or prosecutor that the qualified patient or caregiver is entitled to the protections of the provisions of this Act, as may be evidenced by a failure to actively investigate the case, a decision not to prosecute, the dismissal of charges, or acquittal.
(h) A person shall not be subject to arrest or prosecution for a cannabis-related offense for simply being in the presence of the
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medical use of cannabis as permitted under the provisions of this
Act.
(i) An operator or worker of a facility approved by the DPHSS to conduct laboratory testing shall not be subject to arrest, prosecution, or penalty, in any manner, or denied any right or privilege for possession, acquisition, transferring, transporting, selling, or laboratory testing of cannabis, prepared medical cannabis, or medical cannabis product for medical use pursuant to this Act.
(j) The DPHSS shall be authorized to acquire, possess, store, and laboratory test cannabis for medical use pursuant to this Act; and, the employees of the DPHSS shall not be subject to arrest or prosecution for acquiring, possessing, storing, and/or conducting laboratory tests of cannabis for medical use pursuant to this Act.
(k) A person may raise an affirmative defense if the person is found to be in possession of medical cannabis but can show legitimate need for medical cannabis or if the person has a qualifying debilitating medical condition under the provisions set forth by this Act.
(l) No qualifying patient, primary caregiver, patient’s designated caregiver, or multiple patients’ designated caregiver under this Act shall be denied custody of, visitation with, or parenting time with a minor, and there shall be no presumption of neglect or child endangerment, for conduct allowed under this Act; provided, that this Subsection shall not apply if the qualifying patient’s or caregiver’s conduct created a danger to the safety of the minor, as established by a preponderance of the evidence.
SOURCE: Added by P.L. 32-237 (Feb. 21, 2015). Amended by P.L. 33-
220:2 (Dec. 17, 2016). Amended by P.L. 34-165:1 (Dec. 28, 2018).
2017 NOTE: Subsection/subitem designations added pursuant to the authority of 1 Guam Code Ann. § 1606.