(a) The DPHSS shall govern the manner in which it will consider applications for registry identification cards and for the renewal of identification cards for qualified patients, primary caregivers, responsible officials, and designated couriers.

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(b) Notwithstanding any other provision of law, the sum of One Hundred Thousand Dollars ($100,000) from the Healthy Futures Fund, codified at 11 Guam Code Ann. § 26603, is hereby appropriated to assist the DPHSS to timely execute its mandate under this Section to implement the purpose of this Act. The fees generated from revenues collected from this program will reimburse the Healthy Futures Fund up to One Hundred Thousand Dollars ($100,000).

(c) The DPHSS shall issue registry identification cards to a qualified patient, and to the primary caregiver for that qualified patient, if any, who submit the following:

(1) a written certification;

(2) the name, address, and date of birth of the qualified patient;

(3) the name, address, and telephone number of the
qualified patient’s practitioner;

(4) the name, address, and date of birth of the qualified patient’s primary caregiver, if any; and

(5) a police clearance and court clearance of the primary caregiver.

(d) The DPHSS shall issue registry identification cards to a responsible official or employee who submits the following:
(1) the name of the employee or responsible official; (2) the mailing address of the licensed medical cannabis
business of the employee’s place of employment or
responsible official owns;

(3) the physical address of the licensed medical cannabis business of the employee’s place of employment or responsible official owns;

(4) e-mail address;

(5) the phone number of the licensed medical cannabis business of the employee’s place of employment or responsible official owns;

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(6) clearances from the police, court, and Attorney
General;

(7) Mayor’s verification or document as approved by
the DPHSS to display proof of Guam residency; (8) the job title, duties, and responsibilities;
(9) the application fee, as set forth by this Act; and

(10) any other information the DPHSS may require.

(e) (1) The DPHSS shall verify the information contained in an application submitted pursuant to Subsection (c) or Subsection (d) of this Section, and shall approve or deny an application within thirty (30) calendar days of receipt.

(2) The DPHSS may deny an application only if the applicant did not provide the information required pursuant to Subsections (c) or (d) of this Section, or if the DPHSS determines that the information provided is false.

(A) The DPHSS shall provide written notification to the applicant of the reason for denial of the application within forty-eight (48) hours.

(B) A person whose application has been denied and given notice of the reason for denial shall have ten (10) working days to appeal or comply.

(C) If the person does not come into compliance, the person shall not reapply for six (6) months from the date of the denial unless otherwise authorized by the DPHSS.

(f) The DPHSS shall issue a registry identification card within five (5) days of approving an application, and the card shall expire one (1) year after the date of issuance.

(1) A registry identification card for a qualified patient and primary caregiver shall contain:

(A) the name, address, and date of birth of the qualified patient and primary caregiver, if any;

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(B) the date of issuance and expiration date of the registry identification card;

(C) the registry identification type; and

(D) any other information that the DPHSS may require, except the qualified patient’s debilitating illness or any medical condition.

(2) A registry identification card for a responsible official and employee shall contain:

(A) the name of the employee or responsible official;

(B) the date of issuance and expiration date of the registry identification card;

(C) the physical address of the licensed medical cannabis business of the employee’s place of employment or responsible official owns;

(D) the name of the responsible official of the licensed medical cannabis business;

(E) the registry identification type; and

(F) any other information that the DPHSS may require, except the qualified patient’s debilitating illness or any medical condition.

(g) A person who possesses a registry identification card shall notify the DPHSS of any change in the person’s name, address, qualified patient’s practitioner, qualified patient’s primary caregiver, or change in status of the qualified patient’s debilitating medical condition within ten (10) working days of the change.

(h) Possession of or application for a registry identification card shall not constitute probable cause or give rise to reasonable suspicion for a governmental agency to search the person or property of the person possessing or applying for the card.

(i) The DPHSS shall maintain a confidential file containing the names and addresses of the persons who have either applied

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for or received a registry identification card. Individual names on the list shall be confidential and not subject to disclosure, except:

(1) to authorized employees of the DPHSS as necessary to perform the duties of the DPHSS pursuant to the provisions of this Act;

(2) to authorized employees of state or local law enforcement agencies for the sole purpose of verifying that a person is lawfully in possession of a registry identification card and is lawfully participating in Guam’s medical cannabis program;

(3) pursuant to a court order or subpoena issued by a court;

(4) as provided in the federal Health Insurance
Portability and Accountability Act of 1996, codified at 42
U.S.C. §1320d et seq.;

(5) with the written permission of the qualified patient or the qualified patient’s legal guardian, or a parent or person with legal custody if the qualified patient has not attained eighteen (18) years of age;

(6) to a law enforcement official for verification purposes; provided, that the records may not be disclosed further than necessary to verify a qualified patient’s participation in the medical cannabis program; or

(7) to a qualified patient’s treating practitioner and to a qualified patient’s primary caregiver for the purpose of carrying out this Act.

SOURCE: Added by P.L. 32-237 (Feb. 21, 2015), entitled “”Department
Rules; Registry Identification Cards.”” Amended 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.