(a) The DPHSS shall govern the manner in which applications for a Medical Cannabis Permit to Operate will be considered. The DPHSS shall inspect the facilities of a licensed medical cannabis business prior to issuing a Permit to Operate.

171

COL 6/21/2023

10 Guam Code Ann. HEALTH AND SAFETY
CH. 12 MEDICAL PRACTICES

The Permit to Operate must be displayed inside the licensed medical cannabis business. No medical cannabis, prepared medical cannabis, or medical cannabis product can be sold or transferred by a licensed medical cannabis business to any licensed medical cannabis business, medical cannabis testing laboratory, qualified patient, qualified patient’s primary caregiver, or qualified patient’s legal guardian without the licensed medical cannabis business being in possession of a Permit to Operate.
(b) The application and the Permit to Operate shall include: (1) the name, address, and license number of the
medical cannabis business;

(2) the responsible official’s name;

(3) the date of issue;

(4) the date of expiration;

(5) the date the licensed medical cannabis business must reapply;

(6) the type of medical cannabis license; and

(7) any other information deemed necessary 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.

122512. Operation Standards.

(a) Each facility will comply with all local building, health, fire, and zoning requirements and other applicable requirements and shall not be in violation of Guam’s building and zoning laws.

(b) All licensed medical cannabis businesses that prepare, package, store, sell, distribute, or dispense cannabis-infused edible food products shall comply with Title 10 Guam Code Ann., Chapters
21, 22, 23, 24, and 40, and applicable rules and regulations, to ensure proper food safety.

(c) Commercial cultivation may only occur on the property for which the commercial cultivation license was obtained.

172

COL 6/21/2023

10 Guam Code Ann. HEALTH AND SAFETY
CH. 12 MEDICAL PRACTICES

(d) Commercial cultivation shall not be in public view. All commercial cultivation structures shall be fully surrounded by a fence or wall at least ten (10) feet in height with a locking gate or door. No cannabis plant shall be taller than the height of the wall, fence, or gate.

(e) The cultivation area and storage areas of medical cannabis, prepared medical cannabis, medical cannabis product must be adequately secured to prevent unauthorized entry.

(f) If supplemental gasses are used for cultivation purposes, the facility will be equipped with working carbon monoxide detectors.

(g) Licensed medical cannabis businesses shall develop a plan for and cooperate with local health, water, building, and fire authorities to ensure adequate ventilation and air filtration, plumbing and drainage requirements, electrical safety, and proper disposal of wastewater according to Guam Environmental Protection Agency and Department of Agriculture requirements when applicable.

(h) A sample of each lot of every medical cannabis crop produced by the commercial cultivator shall be laboratory tested by a licensed medical cannabis testing laboratory before distribution to a licensed possessor.

(i) A sample of each batch of each prepared medical cannabis or medical cannabis product produced by a commercial manufacturing facility shall be laboratory tested by a licensed medical cannabis testing laboratory before distribution to a licensed possessor.

(j) The licensed medical cannabis business shall attach a DPHSS approved chain of custody form that includes a detailed report of the laboratory testing results from the lot of the cannabis crop origination, based on minimum requirements set by the DPHSS.

(k) All laboratory tested cannabis determined to be unusable or contaminated according to the minimum laboratory testing requirements set by this Act must be destroyed and/or disposed of in accordance with local law within twenty-four (24) hours of

173

COL 6/21/2023

10 Guam Code Ann. HEALTH AND SAFETY
CH. 12 MEDICAL PRACTICES

determination. Disposal shall be recorded and reported to the DPHSS within forty-eight (48) hours of disposal pursuant to this Act.

(l) The licensed medical cannabis business shall develop standard operating procedures, protocols, and training for the safe handling and dispensing of medical cannabis to include:

(1) storage protocols;

(2) reasonable security protocols; (3) inventory control; and
(4) distribution systems.

(m) The use of butane for any extraction method for medical marijuana concentrates is hereby banned in Guam.

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