Is marijuana legal in Guam?
Current legality status
Cannabis is legal under state law for adults 21+.
Both recreational and medical marijuana are legal in Guam. Recreational consumers may possess up to one ounce of cannabis flower, up to eight grams of cannabis concentrate, or cannabis products containing up to 800 grams of THC.
They may also grow their own plants, up to three mature (flowering) plants and three immature plants. Those who grow their own marijuana may give up to an ounce to other consumers, but selling it is prohibited.
Medical marijuana is also legal in Guam. Patients may possess 2.5 ounces of marijuana purchased from licensed dispensaries for medical use. Patients may cultivate marijuana at home, up to six mature plants and 12 immature plants at a time.
All cultivation must occur on private property and must be out of view from passers-by. Public consumption is not legal for anyone.
Because there is no licensed testing facility in Guam, no medical or recreational dispensaries have been able to open. Critics have alleged that the application and setup costs necessary to run a licensed testing facility are too steep and some have urged relaxation of residency requirements for testing facility owners.
Guam recreational marijuana laws
The Guam Cannabis Industry Act of 2019 legalized recreational cannabis use for adults 21 and over and created a system for the regulated sale of recreational cannabis. However, recreational dispensaries are not yet open in Guam.
Recreational marijuana was legalized for people 21 and over in Guam in April 2019 when the governor signed Bill 32-35, known as the Guam Cannabis Industry Act of 2019.
The act declassified marijuana as a Schedule I controlled substance and created a Cannabis Control Board to regulate and tax the sale of marijuana. The board is responsible for licensing dispensaries and may issue penalties and fines to dispensaries that do not comply with regulations.
Fines will be deposited in a Cannabis Control Fund that will subsidize cannabis prevention and substance-abuse programs. Fifty percent of excise tax revenue derived from marijuana sales will also be deposited in the Cannabis Control Fund.
The act clearly states that public consumption and intoxicated driving are both illegal.
The establishment of a recreational cannabis industry has seen numerous delays, with the COVID-19 pandemic further slowing activities of the Cannabis Control Board. As of 2020, it is still finalizing regulations to govern recreational cannabis.
Guam medical marijuana laws
Medical marijuana was legalized in 2014 by a referendum on the Joaquin (KC) Concepcion II Compassionate Cannabis Use Act of 2013. The act was placed on the ballot by Bill 215-32. The referendum passed with 56% of Guam residents in favor. With its passage, it became Public Law 33-220. Under the law, qualifying patients may possess up to 2.5 ounces of marijuana purchased from a licensed dispensary.
The legislation also stipulated the creation of an advisory board comprising the director of the Department of Public Health and Social Services, the director of the Board of Medical Examiners, the director of the Department of Agriculture, the director of the Legislative Committee on Health and Human Services, and one practitioner each in oncology, neurology, psychiatry, and pain management. A system of patient registry was also mandated, as was a system of registered cultivators, manufactures, and distributors.
In 2018, Bill 302-34 legalized the home cultivation of marijuana by medical patients, and it became Public Law 34-125. Patients or caretakers can cultivate up to six mature plants and 12 immature plants at once. Marijuana produced by these plants cannot be diverted to other patients or users.
Guam qualifying conditions for medical marijuana
Qualifying conditions are physician-diagnosed ailments that can be treated by medical cannabis. These include:
- Multiple sclerosis
- Spinal cord damage, with objective neurological indication of intractable spasticity
- Admittance to hospice care
- Post-traumatic stress disorder
- Rheumatoid arthritis and similar chronic autoimmune inflammatory disorders
- Other conditions for which the patient’s practitioner has determined medical cannabis may provide relief
The Department of Public Health and Human Services may be petitioned to add additional debilitating conditions.
How to get a medical marijuana card in Guam
Patients 18 or older may apply for a medical card by presenting this form in person, along with a doctor certification, which should also be submitted by a doctor. Proof of identification and a recent photo are also required, and potential patients will be charged a $15 application fee.
Cards are good for one year and may be renewed using the same form. The renewal fee is $10.
Patients may apply for a permit to cultivate medical cannabis at home using this form.
Patients younger than 18 must have a caregiver to administer medical marijuana.
The Medicinal Marijuana Program in Guam is administered by the Department of Public Health and Social Services. While patients may apply, the program is not yet fully operational.
Does Guam accept out-of-state medical cards?
There are no provisions in Guam’s medical cannabis legislation that allow for cardholders in other states to purchase medical marijuana in Guam.
When does my Guam medical card expire?
Medical cards are valid for one year in Guam. Patients are required to renew their cards 45 days prior to expiration. They must present the same information necessary to apply for the initial card: proof of identification, doctor certification, a photograph.
The fee is $10, though late fees may also be assessed for renewal applications submitted after the renewal deadline.
Guam marijuana growing laws
Recreational consumers may cultivate three mature plants and three immature plants at once. Homegrown recreational cannabis may be given away, but not sold or bartered.
Medical patients may cultivate up to six mature plants and 12 immature plants at once. They must apply for a permit to cultivate marijuana at home. Marijuana cultivated for medical purposes may not be diverted to other users.
Cultivation must occur in an enclosed, secure space.
Guam public consumption laws
Public consumption of marijuana is expressly banned. Per the 2019 recreational legislation, the penalty is a fine of $100. Medical patients are also subject to penalties for public consumption.
Guam cannabis DUI laws
In Guam, marijuana consumers need to be careful about operating a motor vehicle. Even though Guam has legalized medical and recreational marijuana, it is illegal to drive while under the influence of cannabis.
Drivers in Guam have implied consent to withdrawal of blood, breath, or urine for a chemical test. Refusal to take such a test may result in license suspension or revocation contingent upon whether the driver has any previous DUI offenses.
- First offense: misdemeanor, minimum of 48 hours and maximum of one year in jail, minimum fine of $1,000 and maximum fine of $5,000, six month license suspension, which may be modified if a drug treatment program is completed
- Second offense (within five years): misdemeanor, minimum of seven days and maximum of a year in jail, minimum fine of $2,000 and a maximum fine of $5,000, license suspension of one year, which may be reduced upon completion of a treatment program, payment of any fines, and upon recommendation of a probation officer
- Third offense (within five years): felony, minimum of 90 days and maximum of five years in jail, minimum fine of $4,000 and maximum fine of $7,000, license suspension of two years, which may be reduced upon completion of a treatment program, payment of fine, and upon recommendation of a probation officer
- Fourth offense (within seven years): felony, minimum of one year and maximum of six years in jail, minimum fine of $4,000 and maximum fine of $7,000, license suspension of three years, which may be reduced which may be reduced upon completion of a treatment program, payment of fine, use of an IID device and upon recommendation of a probation officer
Guam’s recreational marijuana legislation requires that annual reports on impaired driving be compiled.
For more information, please refer to Guam’s DUI laws as specified in the Safe Streets Act of 2018.
Guam cannabis testing regulations
Guam’s medical cannabis regulations specify that marijuana must be tested for its cannabinoid profile, heavy metals, pesticides, solvents, foreign material such as hair and insects, moisture content, microbiological impurities such as aerobic bacteria, yeast, mold, coliform bacteria, bile-tolerant Gram negative bacteria, Aspergillus species, and for mycotoxins.
Testing regulations for recreational cannabis are still under discussion.
Common questions about marijuana legalization in Guam
When did Guam legalize?
Medical marijuana was legalized in 2014. Recreational marijuana was legalized in 2019.
Are dabs legal in Guam?
Both the medical and recreational legislation specify that extracts of cannabis and accessories used in the consumption of cannabis are legal.
How many recreational dispensaries are in Guam?
Because of delays in establishing regulations and because no testing facilities have been established that would allow for quality control and sale of safe marijuana free of contaminants, there are no recreational dispensaries yet open in Guam. There have been a number of applications to open dispensaries, however.
Are drugs legal in Guam?
No, with the exception of marijuana, drugs are not legal in Guam.
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Post last updated Sept. 8, 2020