Guam § 67 - 9. Importation and Exportation Penalties.

§ 67. 9. Importation and Exportation Penalties.

(a) Any person who:

(1) contrary to §§ 67.601 or 67.602 of this Act, knowingly or intentionally imports or exports a

controlled substance; or

(2) contrary to § 67.604 of this Act, knowingly or intentionally brings or possesses on board a

vessel or aircraft a controlled substance; or

(3) contrary to § 67.608 of this Act, manufacturers who distribute a controlled substance shall be

punished as provided in § 67.40l.9(b).

(b) [No text]

(1) In the case of an offense under Subsection (a) of this Section involving a controlled substance

listed in Schedules I, II, III, IV or V of this Act which is a narcotic, the person guilty of such an offense

shall be imprisoned not less than twenty (20) years 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 terms of imprisonment.

(2) If he is guilty of an offense under Subsection (a) of this Section, 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 narcotic 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).

(3) In the case of an offense under Subsection (a) of this Section with respect to a controlled

substance other than a narcotic drug listed in Schedules I, II, III, IV or V of this Act, the person guilty

of such offense shall be imprisoned for not less than three (3) years nor more than ten (10) years, and

may, in addition, be fined not more than Fifteen Thousand Dollars ($15,000). The sentence shall, in

addition to such term of imprisonment, include:

(A) a special parole term of not less than two (2) years if such controlled substance is listed

in Schedules I, II or III of this Act; or

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(B) a special parole term of not less than one (1) year if such controlled substance is listed

in Schedule IV of this Act.

(c) The minimum term of imprisonment prescribed by Subsection (b)(1) of this Section shall not apply

in the case of a person whom the Court determines violated Subsection (a)(1) of this Section 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. The Court shall take into consideration the amount of the controlled substance

imported in determining if the offender’s primary purpose is importation or exportation for his own use.

(d) In the case of any sentence under this Section, imposition or execution of such sentence shall not

be suspended and probation shall not be granted nor shall parole or work release be granted until the person

has served the minimum term of imprisonment.

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

at the Department of Corrections.

(f) A special parole term imposed under this Section or § 67.411 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. The special term provided

for in this Section and in § 67.411 of this Act is in addition to and not in lieu of any other parole provided

for by law.