Guam § 9107 - Duties of Board.

§ 9107. Duties of Board.

The Board shall have all of the powers and duties specified

in this Chapter, and also the powers necessary or proper to enable

it to carry out the purposes of this Chapter and the purposes of the

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“Guam Cannabis Industry Act of 2019.” The jurisdiction,

supervision, powers and duties of the Board shall extend to any

person who buys, sells, produces, possesses, transports, or

delivers any cannabis items within Guam. The Board shall be

responsible for:

(a) conducting hearings pertaining to any violation of

this Chapter or regulations promulgated hereby, including

hearings for the purpose of approving cannabis licenses and

any other business allowed under this Chapter;

(b) promulgating such rules and regulations, as may be

necessary to fulfill the intent, policies, and purposes of this

Chapter, pursuant to the Administrative Adjudication Law in

Chapter 9 of Title 5, Guam Code Annotated;

(c) levying fines and penalties for any violation of

provisions of this Chapter and the regulations promulgated

by the Board;

(d) requiring and demanding access to, for the

purposes of inspecting, examining, photocopying, or

auditing, all papers, books, and records of a licensed cannabis

business on its premises or elsewhere as practical, including

inspecting the gross income produced by a cannabis

establishment and verification of their income, and all other

matters affecting the enforcement of the Board’s policy or as

required pursuant to this Chapter;

(e) the types of licenses or permits to be covered by the

cannabis license and its structure, including onsite ingestion,

application of topicals, and smoking or vaping in a manner

consistent with Chapter 90 of Title 10 GCA;

(f) regulating the testing, purchase, sale, production,

processing, transportation, and delivery of cannabis and

cannabis products to be sold to consumers by a retail

cannabis store in accordance with the provisions of this

Chapter and the provisions of Chapter 8, Title 11 GCA;

(g) granting, refusing, suspending, or canceling

licenses for the sale, processing, or production of cannabis

items, or other licenses in regard to cannabis items, and to

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permit, in its discretion, the transfer of a license of any

person;

(h) investigating and aiding in the prosecution of every

violation of Guam law relating to cannabis items, and

cooperating in the prosecution of offenders before the

Superior Court of Guam;

(i) adopting such regulations as are necessary and

feasible for carrying out the intent and provisions of this

Chapter and to amending or repealing such regulations;

(j) exercising all powers incidental, convenient or

necessary to enable it to administer or carry out the

provisions of this Chapter, and the provisions of Chapter 8,

Title 11 GCA;

(k) regulating and prohibiting any advertising by

manufacturers, processors, wholesalers or retailers of

cannabis items by newspapers, letters, billboards, radio,

television, or otherwise;

(l) regulating the use of cannabis items for scientific,

pharmaceutical, manufacturing, mechanical, industrial, and

other purposes;

(m) adopting separate regulations as are necessary and

feasible for the public display and use of cannabis items at

exhibitions promoting cannabis as an alternative to

pharmaceuticals;

(n) adopting separate regulations as are necessary and

feasible for the development of a hemp program for strains

of cannabis that exceed three tenths percent (0.3%) on a dry

weight basis of any part of the cannabis plant, or per volume

or weight of cannabis product, or the combined percent of

delta-9-tetrahydrocannabinol and tetrahydrocannabinolic

acid in any part of the cannabis plant regardless of moisture

content;

(o) conducting an annual summit with the Department

of Revenue and Taxation, the Department of Agriculture, the

Department of Public Health and Social Services, the Guam

Police Department, the Department of Land Management,

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and other stakeholders in the government and private sectors

to discuss the regulation of cannabis on Guam;

(p) developing an annual report which shall include,

but not be limited to:

(1) incidents of impaired driving, hospitalization,

and use of other health care services related to cannabis

use on Guam;

(2) ownership and employment trends in Guam’s

cannabis industry examining participation by racial,

ethnic, and socioeconomic subgroups, including

identification of barriers to participation in the industry;

(3) a compilation of data on the number of

incidents of discipline in schools, including suspensions

or expulsions, resulting from cannabis use or possession

of cannabis or cannabis products; and

(4) a compilation of data on the number of

penalties, arrests, prosecutions, incarcerations, or

sanctions imposed for violations under this Act.

The Board shall incorporate available data into its report

and coordinate with the Department of Public Health and

Social Services, the Guam Department of Education, the

Guam Police Department, the Guam Department of Labor,

and the Guam Economic Development Authority. The Board

shall annually submit its report to the Speaker of I

Liheslaturan Guåhan and, when appropriate, make

recommendations for further research or policy changes. The

annual reports shall be posted online on I Liheslaturan

Guåhan’s website; and

(q) prescribing forms and adopting such rules and

regulations as the Board deems necessary for the

implementation and administration of this Chapter no later

than one (1) calendar year after the effective date of this Act.