Guam § 67 - Exportation of Controlled Substances.

§ 67. Exportation of Controlled Substances.

(a) It shall be unlawful and punishable as a felony of the first degree to export from Guam any narcotic

drug listed in Schedule I, II, III or IV of this Act unless:

(1) it is exported to a country which is a party to:

(A) the International Opium Convention of 1912 for the Suppression of the Abuses of

Opium, Morphine, Cocaine and Derivative Drugs or to the International Opium Convention

signed at Geneva on February 19, 1925; or

(B) the Convention for Omitting the Manufacture and Regulating the Distribution of

Narcotic Drugs concluded at Geneva, July 13, 1931, as amended by the protocol signed at Lake

Success on December 11, 1946, and the protocol bringing under international control drugs

outside the scope of the Convention of July 13, 1931, for limiting the manufacturing and

regulating the distribution of narcotic drugs, as amended by the protocol signed at Lake Success

on December 11, 1946, signed in Paris, November 19, 1948; or

(C) the Single Convention on Narcotic Drugs, 1961, signed in New York, March 30, 1961;

(2) such country has instituted and maintains, in conformity with conventions to which it is a

party, a system for the control of imports of narcotic drugs which the Attorney General deems

adequate;

(3) the narcotic drug is consigned to a holder of such permits or licenses as may be required under

the laws of the country of import and a permit or license to import such drug has been issued by the

country of import;

(4) substantial evidence is furnished to the Attorney General by the exporter that (i) the narcotic

drug is to be applied exclusively to medical or scientific uses within the country of import, and (ii)

there is an actual need for the narcotic drug for medical or scientific uses within such country; and

(5) a permit to export the narcotic drug in each instance has been issued by the Attorney General.

(b) Notwithstanding Subsection (a) of this Section, the Attorney General may authorize any narcotic

drug, including crude Opium and coca leaves, listed in Schedules I, II, III or IV of this Act to be exported

from Guam to a country which is a party to any of the international instruments mentioned in Subsection

(a) of this Section if the particular drug is to applied to a special scientific purpose in the country of

COL 2024-12-05

destination and the authorities of such country will permit the importation of the particular drug for such

purpose.

(c) It shall be unlawful and punishable as a felony of the third degree to export from Guam any non-

narcotic controlled substance listed in Schedule I or II of this Act unless:

(1) there is furnished, before export, to the Attorney General documentary proof that importation

is not contrary to the laws or regulations of the country of destination;

(2) a special controlled substance invoice, in triplicate, accompanies the shipment setting forth

such information as the Attorney General may prescribe to identify the parties to the shipment and the

means of shipping; and

(3) two (2) additional copies of the invoice are forwarded to the Attorney General before the

controlled substance is exported from Guam.