The Board shall have all of the powers and duties specified in this Chapter, and also the powers necessary or proper to enable it to carry out the purposes of this Chapter and the purposes of the
“”Guam Cannabis Industry Act of 2019.”” The jurisdiction, supervision, powers and duties of the Board shall extend to any person who buys, sells, produces, possesses, transports, or delivers any cannabis items within Guam. The Board shall be responsible for:

(a) conducting hearings pertaining to any violation of this Chapter or regulations promulgated hereby, including hearings for the purpose of approving cannabis licenses and any other business allowed under this Chapter;

(b) promulgating such rules and regulations, as may be necessary to fulfill the intent, policies, and purposes of this Chapter, pursuant to the Administrative Adjudication Law in Chapter 9 of Title 5, Guam Code Ann.;

(c) levying fines and penalties for any violation of provisions of this Chapter and the regulations promulgated by the Board;

(d) requiring and demanding access to, for the purposes of inspecting, examining, photocopying, or auditing, all papers, books, and records of a licensed cannabis business on its premises or elsewhere as practical, including inspecting the gross income produced by a cannabis establishment and verification of their income, and all other matters affecting the enforcement of the Board’s policy or as required pursuant to this Chapter;

(e) the types of licenses or permits to be covered by the cannabis license and its structure, including onsite ingestion, application of topicals, and smoking or vaping in a manner consistent with Chapter 90 of Title 10, Guam Code Ann.;

(f) regulating the testing, purchase, sale, production, processing, transportation, and delivery of cannabis and cannabis products to be sold to consumers by a retail cannabis store in accordance with the provisions of this Chapter and the provisions of Chapter 8, Title 11 Guam Code Ann.;

(g) granting, refusing, suspending, or canceling licenses for the sale, processing, or production of cannabis items, or other licenses in regard to cannabis items, and to
permit, in its discretion, the transfer of a license of any person;

(h) investigating and aiding in the prosecution of every violation of Guam law relating to cannabis items, and cooperating in the prosecution of offenders before the Superior Court of Guam;

(i) adopting such regulations as are necessary and feasible for carrying out the intent and provisions of this Chapter and to amending or repealing such regulations;

(j) exercising all powers incidental, convenient or necessary to enable it to administer or carry out the provisions of this Chapter, and the provisions of Chapter 8, Title 11 Guam Code Ann.;

(k) regulating and prohibiting any advertising by manufacturers, processors, wholesalers or retailers of cannabis items by newspapers, letters, billboards, radio, television, or otherwise;

(l) regulating the use of cannabis items for scientific, pharmaceutical, manufacturing, mechanical, industrial, and other purposes;

(m) adopting separate regulations as are necessary and feasible for the public display and use of cannabis items at exhibitions promoting cannabis as an alternative to pharmaceuticals;

(n) adopting separate regulations as are necessary and feasible for the development of a hemp program for strains of cannabis that exceed three tenths percent (0.3%) on a dry weight basis of any part of the cannabis plant, or per volume or weight of cannabis product, or the combined percent of delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the cannabis plant regardless of moisture content;

(o) conducting an annual summit with the Department of Revenue and Taxation, the Department of Agriculture, the Department of Public Health and Social Services, the Guam Police Department, the Department of Land Management,and other stakeholders in the government and private sectors to discuss the regulation of cannabis on Guam;

(p) developing an annual report which shall include, but not be limited to:

(1) incidents of impaired driving, hospitalization, and use of other health care services related to cannabis use on Guam;

(2) ownership and employment trends in Guam’s cannabis industry examining participation by racial, ethnic, and socioeconomic subgroups, including identification of barriers to participation in the industry;

(3) a compilation of data on the number of incidents of discipline in schools, including suspensions or expulsions, resulting from cannabis use or possession of cannabis or cannabis products; and

(4) a compilation of data on the number of penalties, arrests, prosecutions, incarcerations, or sanctions imposed for violations under this Act.

The Board shall incorporate available data into its report and coordinate with the Department of Public Health and Social Services, the Guam Department of Education, the Guam Police Department, the Guam Department of Labor, and the Guam Economic Development Authority. The Board shall annually submit its report to the Speaker of I Liheslaturan Guåhan and, when appropriate, make recommendations for further research or policy changes. The annual reports shall be posted online on I Liheslaturan Guåhan’s website; and

(q) prescribing forms and adopting such rules and regulations as the Board deems necessary for the implementation and administration of this Chapter no later than one (1) calendar year after the effective date of this Act.