Open a Dispensary in Guam — Guam Cannabis Consultants

SUMMARY OF MARIJUANA LAWS

In 2014 the US island territory of Guam passed Proposal 14A, a medical marijuana law referred by the legislature to voters. The law, known as the “Joaquin (KC) Concepcion II Compassionate Cannabis Use Act”, allows qualifying patients to cultivate and possess a three-month supply of cannabis. In 2016 and 2018, additional implementing regulations were passed, but the program is running into political and logistical roadblocks. Until a laboratory is licensed, the program will not be able to operate.

Guam is only accepting laboratory applications at this time.

The financial impact analysis estimates that Guam will license 3 dispensaries with 4 staff each and 10 cultivation sites with 4 staff each. This estimate is based on interest expressed by the public.

In February 2018, however, rules expanded the program to allow non-residents to access medical cannabis while visiting Guam, which could greatly impact these estimates.

License types include multiple types of commercial medical marijuana cultivation, based on square footage of canopy, as well as medical marijuana manufacturing, medical marijuana dispensary, and medical marijuana laboratory licenses.

Types of Licenses

• Type I Commercial Cultivation License — for cultivation of less than or equal to 2,500 square feet of canopy on single premises
• Type 2 Commercial Cultivation License — for cultivation of 2,501–5,000 square feet of canopy on single premises
• Type 3 Commercial Cultivation License — for cultivation of 5,001–10,000 square feet of canopy on single premises
• Commercial Manufacturing Facility License
• Dispensary License
• Medical Cannabis Testing Laboratory License

In 2014, a successful ballot initiative legalized medical marijuana in the US territory of Guam. In April 2016, Attorney General Elizabeth Barrett-Anderson completed her review of the draft rules.

Unlike earlier versions, the revised rules and regulations (rev 4/28/2016) do not include clear limits on the number or location of licenses. Proposed facilities cannot be in drug-free school zones and must comply with local zoning regulations.

In February 2018, the Joaquin “KC” Concepcion II Compassionate Cannabis Use Act’s implementing regulations were passed. However, later that month, the Director of Public Health and Social Services stepped down over the refusal of policymakers to provide adequate funding and other resources to the medical marijuana program.

As of yet, no applications have been submitted for testing laboratories, putting the entire program at a standstill. Unless mechanisms for testing are in place, the program is unable to operate.

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