Guam § 355 - ) to the extent conduct with respect to the substance is permitted by the exemption; or

§ 355. ) to the extent conduct with respect to the substance is permitted by the exemption; or

(D) any substance to the extent not intended for human consumption before an

exemption takes effect with respect to the substance.

(f) “Deliver” or “Delivery”, unless the context otherwise requires, means to transfer a substance,

actually or constructively, from one person to another, whether or not there is an agency relationship.

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(g) “Guam Behavioral Health and Wellness Center (GBHWC)” means the Director of the Guam

Behavioral Health and Wellness Center of the government of Guam, or its successor, or any individual

he designates.

(h) “Department of Public Health and Social Services (DPHSS)” means the Director of the

Department of Public Health and Social Services of the government of Guam, or its successor, or any

individual of the department he designates.

(i) “Dispense” means to deliver a controlled substance to the ultimate user, patient or research

subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering,

packaging, labeling or compounding necessary to prepare the substance for that delivery.

(j) “Dispenser” means any person who dispenses.

(k) “Distribute” means to deliver other than by administering or dispensing a controlled

substance.

(l) “Distributor” means a person who distributes.

(m) “Drug” means:

(1) a substance recognized as a drug in the official United States Pharmacopoeia, National

Formulary, or the official Homeopathic Pharmacopoeia of the United States, or a supplement to

any of them;

(2) a substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention

of disease in individuals or animals;

(3) a substance, other than food, intended to affect the structure or a function of the body of

individuals or animals; and

(4) a substance intended for use as a component of an article specified in this Paragraph. The

term does not include a device or its components, parts or accessories.

(n) “Drug Enforcement Administration (DEA)” means the Drug Enforcement Administration of

the United States Department of Justice, or its successor agency.

(o) “Guam Police Department (GPD)” means the Chief of Police of the Guam Police Department

of Guam, or its successor, or any individual he designates.

(p) “Immediate Precursor” means a substance:

(1) that the Department of Public Health and Social Services has found to be, and by rule

has designated to be, the principal compound used, or produced primarily for use, in the

manufacture of a controlled substance;

(2) that is an immediate chemical intermediary used or likely to be used in the manufacture

of the controlled substance; and

(3) the control of which is necessary to prevent, curtail or limit the manufacture of the

controlled substance.

(q) “Inventory” means all factory and branch stocks in finished form of a controlled substance

manufactured or otherwise acquired by a registrant, whether in bulk, commercial containers or

contained in pharmaceutical preparations in the possession of the registrant, including stocks held by

the registrant under separate registration as a manufacturer, importer, exporter or distributor, and a list

of such.

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(r) “Isomer” means an optical isomer, but in § 67.101(u)(5) Appendix A: (a)(12) and (a)(34), and

Appendix B: (a)(4) of this Act, the term includes a geometric isomer; in Appendix A: (a)(l), (a)(8) and

(a)(42), and Appendix D: (c). of this Act the term includes a positional isomer; and in Appendix A:

(a)(35) and (c), and Appendix C: (a) of this Act the term includes a positional or geometric isomer.

(s) “Manufacture” means to produce, prepare, propagate, compound, convert or process a

controlled substance, directly or indirectly, by extraction from substances of natural origin, chemical

synthesis, or a combination of extraction and chemical synthesis, and includes packaging or

repackaging of the substance or labeling or relabeling of its container. The term does not include the

preparation, compounding, packaging, repackaging, labeling or relabeling of a controlled substance:

(1) by a practitioner as an incident to the practitioner’s administering or dispensing of a

controlled substance in the course of the practitioner’s professional practice; or

(2) by a practitioner, or by the practitioner’s authorized agent under the practitioner’s

supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and

not for sale.

(t) [Repealed.]

(u) “Narcotic drug” means any of the following, however manufactured:

(1) Opium, opium derivative and any derivative of either, including any salts, isomers and

salts of isomers of them that are theoretically possible within the specific chemical designation,

but not isoquinoline alkaloids of opium;

(2) synthetic opiate and any derivative of synthetic opiate, including any isomers, esters,

ethers/salts, and salts of isomers, esters, and ethers of them that are theoretically possible within

the specific chemical designation;

(3) poppy straw and concentrate of poppy straw;

(4) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine

and derivatives of ecgonine, or their salts, have been removed;

(5) cocaine, or any salt, isomer or salt of isomer of cocaine;

(6) cocaine base;

(7) ecgonine, or any derivative, salt, isomer or salt of isomer of ecgonine; and

(8) compound, mixture or preparation containing any quantity of a substance listed in this

Paragraph.

(v) “Narcotic Treatment Program (NTP)” means a program engaged in maintenance and/or

detoxification treatment with narcotic drugs.

(w) “Opiate” means a substance having an addiction-forming or addiction-sustaining liability

similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-

sustaining liability. The term includes opium, opium derivatives and synthetic opiates. The term does

not include, unless specifically scheduled as a controlled substance pursuant to § 67.201, the

dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). The term

includes the racemic and levorotatory forms of dextromethorphan.

(x) “Opium poppy” means the plant of the species Papaver somnifarum L., except its seeds.

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(y) “Person” means an individual, corporation, business trust, estate, trust, partnership,

association, joint venture, government or governmental subdivision or agency, or any other legal or

commercial entity.

(z) “Pharmacist” means any pharmacist licensed on Guam to practice his/her profession and any

other person (e.g. pharmacist intern) authorized by Guam to practice under the supervision of a

pharmacist licensed on Guam.

(aa) “Physician”, “dentist”, “veterinarian” and “podiatrist” means any persons who are licensed

to practice those respective professions in Guam.

(bb) “Poppy straw” means all parts, except the seeds, of the opium poppy, after mowing.

(cc) “Practitioner” means a physician, dentist, veterinarian, scientific investigator, pharmacist,

pharmacy, hospital, government operated or government contracted animal shelter, or other person

licensed, registered, or otherwise permitted, by Guam, to distribute, dispense, conduct research with

respect to, administer, or use in teaching or chemical analysis, a controlled substance in the course of

professional practice or research.

(dd) “Prescription” means an order for medication which is dispensed to or for an ultimate user,

but does not include an order for medication which is dispensed for immediate administration to the

ultimate user (e.g. an order to dispense a drug to a bed patient for immediate administration in a

hospital is not a prescription).

(ee) “Production”, unless the context otherwise requires, includes the manufacturing of a

controlled substance and the planting, cultivating, growing or harvesting of a plant from which a

controlled substance is derived.

(ff) “Registrant” means any person registered pursuant to this Act.

(gg) “State” means a state of the United States, the District of Columbia, the Commonwealth of

Puerto Rico or a territory or insular possession subject to the jurisdiction of the United States, including

Guam.

(hh) “Ultimate user” means an individual who lawfully possesses a controlled substance for the

individual’s own use or for the use of a member of the individual’s household or for administering to

an animal owned by the individual or by a member of the individual’s household.

(ii) “Drug Free School Zone” means any area within one thousand (1,000) feet of a public or

private elementary, secondary or post secondary educational institution or its accompanying grounds;

or within the vehicle of any school bus which transports students while in motion; or within two

hundred fifty feet (250’) of any school bus not in motion or a designated school bus stop or shelter,

including any school bus transfer station. Notwithstanding the provisions of this Section, a Drug Free

School Zone shall not include private real property which is not a school or the accompanying grounds

of a school.

(jj) “School” means any establishment, public or private, for the care and education of students

from kindergarten through grade twelve (12) and any college or university or educational institution

of higher learning.

(kk) “Accompanying Grounds” means the respective campuses, recreational areas, athletic fields,

student housing, or other property of each school which are owned, used, or operated by their

respective governing boards of the schools or chief administrative officers in the case of a private

school.

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(ll) “Retailer” or “Retail Distributor” means a grocery store, general merchandise store, drug

store, other merchandise store, or other entity or person whose activities as a distributor relating to

pseudoephedrine products are limited exclusively both in number of sales and volume of sales to on

site sales.

(mm) “Synthetic cannabinoid” means any chemical compound that is chemically synthesized and

either:

(1) has been demonstrated to have binding activity at one or more cannabinoid receptors; or

(2) is a chemical analog or isomer of a compound that has been demonstrated to have a

binding activity at one or more cannabinoid receptors.