Guam § 67 - 4. Prison Terms for Drug Offenders.

§ 67. 4. Prison Terms for Drug Offenders.

Any person who is convicted of an offense pursuant to § 67.401.1 of this Act shall be sentenced as

follows:

(a) If he is guilty of an offense pursuant § 67.401.1(b)(1) of this Act, he shall be sentenced to

imprisonment for not less than twenty (20) nor more than thirty (30) years, and may, in addition, be

fined not more than Fifty Thousand Dollars ($50,000). The sentence shall include a special parole term

of not less than three (3) years, in addition to such term of imprisonment. Imposition or execution of

such sentence shall not be suspended, and probation shall not be granted. Parole or work release shall

not be granted to the offender until he has served at least twenty (20) years of his sentence of

imprisonment. The prison terms set forth in 9 GCA § 80.31 of this Title shall not apply to offenders

sentenced under this Section.

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(1) If he is guilty of an offense pursuant § 67.401.1 of this Act involving the possession of

any of the following:

(A) fentanyl (Schedule II) forty (40) - three hundred ninety-nine (399) grams gross

mixture;

(B) fentanyl analogue (Schedule I) ten (10) - ninety-nine (99) grams gross mixture;

(C) methamphetamine five (5) - forty-nine (49) grams pure; or

(D) methamphetamine (Schedule II) fifty (50) - four hundred ninety-nine (499) grams

gross mixture, then he shall be sentenced to imprisonment for not less than twenty-five (25)

years nor more than thirty-five (35) years, and may be fined not more than Five Million

Dollars ($5,000,000) or Twenty-five Million Dollars ($25,000,000) if the violator is a

business. The sentence shall include a special parole term of not less than six (6) years, in

addition to such term of imprisonment. Imposition or execution of such sentence shall not

be suspended, and probation shall not be granted. Parole or work release shall not be granted

to the offender until he has served at least twenty (20) years of his sentence of imprisonment.

The prison terms set forth in 9 GCA § 80.31 of this Title shall not apply to offenders

sentenced under this Section.

(2) If he is guilty of an offense pursuant § 67.401.1 of this Act involving the possession of

any of the following:

(A) fentanyl (Schedule II) four hundred (400) grams or more gross mixture;

(B) fentanyl analogue (Schedule I) one hundred (100) grams or more gross mixture;

(C) methamphetamine fifty (50) grams or more pure; or

(D) methamphetamine (Schedule II) five hundred (500) grams or more gross mixture,

then he shall be sentenced to imprisonment for not less than thirty (30) years up to life, and

may be fined not more than Ten Million Dollars ($10,000,000) or Fifty Million Dollars

($50,000,000) if the violator is a business. The sentence shall include a special parole term

of not less than six (6) years, in addition to such term of imprisonment. Imposition or

execution of such sentence shall not be suspended, and probation shall not be granted. Parole

or work release shall not be granted to the offender until he has served at least twenty (20)

years of his sentence of imprisonment. The prison terms set forth in 9 GCA § 80.31 of this

Title shall not apply to offenders sentenced under this Section.

(b) If he is guilty of an offense pursuant to § 67.401.1(b)(1) of this Act and if he has been

convicted on one (1) or more felonies under any provision of this Act, any law of the United States

relating to controlled substances, or for any offense under state or foreign law relating to drugs listed

in Schedule I as per Appendix A of this Act or Schedule II as per Appendix B of this Act which offense

would be a felony under this Act and one (1) or more of the convictions are final, he shall be sentenced

to a term of life imprisonment without the possibility of parole, and may, in addition, be fined not more

than One Hundred Thousand Dollars ($100,000). The prison terms set forth in 9 GCA § 80.31 of this

Title shall not apply to offenders sentenced under this Section.

(1) If he is guilty of an offense pursuant to § 67.401.1 of this Act and if he has been convicted

on one (1) or more felonies under any provision of this Act, any law of the United States relating

to controlled substances, or for any offense under state or foreign law relating to drugs listed in

Schedule I as per Appendix A of this Act or Schedule II as per Appendix B of this Act which

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offense would be a felony under this Act and one (1) or more of the convictions are final,

involving the possession of any of the following:

(A) fentanyl (Schedule II) forty (40) - Three hundred ninety-nine (399) grams gross

mixture,

(B) fentanyl analogue (Schedule I) ten (10) - ninety-nine (99) grams gross mixture,

(C) methamphetamine five (5) - forty-nine (49) grams pure, or

(D) methamphetamine (Schedule II) fifty (50) - four hundred ninety-nine (499) grams

gross mixture, then he shall be sentenced to a term of life imprisonment without the

possibility of parole, and may be fined not more than Eight Million Dollars ($8,000,000) or

Fifty Million Dollars ($50,000,000) if the violator is a business. The prison terms set forth

in 9 GCA § 80.31 of this Title shall not apply to offenders sentenced under this Section.

(2) If he is guilty of an offense pursuant to § 67.401.1 of this Act and if he has been convicted

on one (1) or more felonies under any provision of this Act, any law of the United States relating

to controlled substances, or for any offense under state or foreign law relating to drugs listed in

Schedule I as per Appendix A of this Act or Schedule II as per Appendix B of this Act which

offense would be a felony under this Act and one (1) or more of the convictions are final,

involving the possession of any of the following:

(A) fentanyl (Schedule II) four hundred (400) grams or more gross mixture,

(B) fentanyl analogue (Schedule I) one hundred (100) grams or more gross mixture,

(C) methamphetamine fifty (50) grams or more pure; or

(D) methamphetamine (Schedule II) five hundred (500) grams or more gross mixture,

then he shall be sentenced to a term of life imprisonment without the possibility of parole

except that any person convicted of two (2) or more prior felonies shall be sentenced to life

without the possibility of parole, and may be fined not more than Twenty Million Dollars

($20,000,000) or Seventy-five Million Dollars ($75,000,000) if the violator is a business.

The prison terms set forth in 9 GCA § 80.31 of this Title shall not apply to offenders

sentenced under this Section.

(c) If he is guilty of an offense pursuant to § 67.401.1(a) of this Act committed while he was

released on bail pursuant to Chapter 40 of Title 8 of the Guam Code Annotated, Criminal Procedure,

on a charge of violating § 67.401.1(a), he shall be sentenced to a term of imprisonment which shall

not be less than fifteen (15) years and which may be up to life imprisonment and, in addition, may be

fined not more than One Hundred Thousand Dollars ($100,000.00). The sentence, if for a term of

years, shall include a special parole term of not less than six (6) years in addition to such term of

imprisonment. Imposition or execution of such sentence shall not be suspended and probation shall

not be granted. Parole or work release shall not be granted to the offender until he has served at least

fifteen (15) years of sentence of imprisonment.

(d) The imposition of a minimum term of imprisonment and the prohibitions against suspension

of sentence and granting of probation and requirement for service of a minimum term of imprisonment

prior to granting parole as prescribed by Subsections (a), (b) and (c) of this Section shall not apply in

the case of a person whom the court determines violated § 67.401.1(a) of this Act for the primary

purpose of enabling him to obtain a narcotic drug which he requires for his personal use because of

his addiction to such drug.

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(e) If he is guilty of an offense involving a controlled substance listed in Schedule I or II of this

Act which is not a narcotic drug or a controlled substance listed in Schedule III of this Act he shall be

sentenced to a term of imprisonment of not more than five (5) years and may be fined not more than

Fifteen Thousand Dollars ($15,000.00). The sentence shall include a special parole term of not less

than two (2) years in addition to such term of imprisonment. Imposition or execution of such sentence

shall not be suspended and probation shall not be granted.

(f) If he is guilty of an offense involving a controlled substance listed in Schedule I or II of this

Act which is not a narcotic drug or a controlled substance in Schedule III of this Act and if he has been

convicted of one (1) or more prior offenses punishable under the provisions of Subsection (e) of this

Section, a felony under any provision of this Act, any law of the United States, a state or foreign

jurisdiction relating to narcotic drugs or depressant or stimulant substances and one (1) or more of the

convictions are final, he shall be sentenced to a term of imprisonment of not more than ten (10) years

and, in addition, may be fined not more than Thirty Thousand Dollars ($30,000.00). The sentence shall

include a special parole term of at least two (2) years in addition to such term of imprisonment.

(g) If he is guilty of an offense involving a controlled substance listed in Schedule IV of this Act

he shall be sentenced to a term of imprisonment of not more than three (3) years and may, in addition,

be fined not more than Ten Thousand Dollars ($10,000.00). The sentence shall include a special parole

term of not less than one (1) year in addition to such term of imprisonment. Imposition or execution

of such sentence shall not be suspended and probation shall not be granted.

(h) If he is guilty of an offense involving a controlled substance listed in Schedule IV of this Act

and if he has been convicted of a felony under a provision of this Act; or a law of the United States, a

state or foreign jurisdiction relating to narcotic drugs or depressant or stimulant substances, and such

convictions are final, then he shall be sentenced to a term of imprisonment of not more than six (6)

years and, in addition, may be fined not more than Twenty Thousand Dollars ($20,000.00). The

sentence shall include a special parole term of at least two (2) years in addition to such term of

imprisonment. Imposition or execution of such sentence shall not be suspended and probation shall

not be granted.

(i) If he is guilty of an offense involving a controlled substance listed in Schedule V of this Act

he shall be sentenced to a term of imprisonment of not more than one (1) year or a fine of not more

than Five Thousand Dollars ($5,000.00), or both. Imposition or execution of such sentence shall not

be suspended and probation shall not be granted.

(j) If he is guilty of an offense involving a controlled substance listed in Schedule V of this Act

and if he has been convicted of a felony under a provision of this Act, or a law of the United States, a

state or foreign jurisdiction relating to narcotic drugs or depressant or stimulant substances, and such

convictions are final, then he shall be sentenced to a term of imprisonment of not more than two (2)

years or a fine of not more than Ten Thousand Dollars ($10,000.00), or both. Imposition or execution

of such sentence shall not be suspended and probation shall not be granted.

(k) [Repealed.]

(l) A special parole term imposed under the provisions of § 67.407 of this Act may be revoked if

its terms and conditions are violated. In such circumstances the original term of imprisonment shall be

increased by the period of the special parole term and the resulting new term of imprisonment shall

not be diminished by the time which was spent on special parole. A person whose special parole term

has been revoked may be required to serve all or part of the remainder of the new term of imprisonment.

A special parole term provided for in § 67.407 of this Act shall be, in addition to, and not in lieu of,

any other parole provided for by law.

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(m) The Court may, in its sole discretion and after consultation with the Attorney General, reduce

the minimum sentence of imprisonment by not more than twenty percent (20%) of the minimum term

established by law of a person sentenced pursuant to Subsections (a), (b) or (c) of this Section if it

finds such person was a pusher and if such person offers credible and necessary evidence as to the

identity of his supplier, supervisor or as to the source of his supply of drugs. As used in this Subsection,

“pusher” means a person not engaged in a continuing criminal enterprise as defined in § 67.409 of this

Act and who sells controlled substances in such a manner that the majority of the sales are to ultimate

users of said controlled substances.

(n) If the person is guilty of possession under § 67.401.2(b)(1) within the Drug-Free School Zone,

the person may be sentenced to a maximum of three (3) years of imprisonment, which sentence shall

not be suspended nor shall the person be placed on probation, nor shall the person be eligible for parole

until completion of the mandatory term of incarceration.

(o) Sentences in these cases shall also include mandatory participation in a drug rehabilitation

program at the Department of Corrections.