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Guam Laws & Penalties

Offense Penalty Incarceration   Max. Fine  

Possession

Less than 1 oz not classified n/a $ 100
More than 1 oz misdemeanor 60 days $ 500
Any amount in a school zone misdemeanor 1 year $ 1,000

Distribution

Any amount (first offense) felony 10 - 20 years $ 50,000
Any amount (second offense) felony 15 years - life $ 100,000
Distribution to a person under 18 years of age or on school grounds will add 3 years to the sentence.

Importation/Exportation

Any amount felony 3 - 10 years $ 15,000

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Miscellaneous

Any use of a person under the age of 18 will add 3 years to any minimum sentence.

Penalty Details

Guam lists both Marijuana and Tetrahydrocannabinols in Schedule 1 of the Guam Controlled Substances Schedule, however, for the purposes of punishment Marijuana is defined as including plant-form cannabis any derivatives, compounds, or mixtures made from any part of the Cannabis plant or its resin except for the mature stalks of the plant, which are not psychoactive.

See:

  • GU. ST. T. 9, §67.100(t)
  • GU. ST. T. 9, §67 Appendix A(c)(23), (31)

Possession

Possession of more than one ounce of Marijuana is a petty misdemeanor subject to no more than 60 days imprisonment and a fine not to exceed $500.

Possession of one ounce or less of Marijuana shall be a violation subject to a fine of $100.

Possession of any amount of Marijuana in a designated school zone is a misdemeanor subject to no more than 1 year imprisonment and a fine not to exceed $1000.

For offenders with no previous drug crime record, a possession offense may be dealt with through probation, carrying no admission of guilt, with all proceedings being dismissed without an admission of guilt upon successful completion of probation. Such a person can seek to have their record expunged upon the successful completion of probation.

See:

  • GU. ST. T. 9, §67.402.2
  • GU. ST. T. 9, §80.34
  • GU. ST. T. 9, §80.50
  • GU. ST. T. 9, §67.412

Distribution

Manufacture, delivery, or possession with intent to manufacture, deliver, or dispense any amount of Marijuana is a felony of the first degree subject to a term of imprisonment no less than ten years and no greater than twenty years and a fine of no more than $50,000. A person convicted under this statute shall not be eligible for work release or educational programs outside the prison. After ten years the convicted shall be eligible for parole, with the minimum term of parole being three years.

For offenders with a prior felony conviction under the Guam statute or any state or federal conviction involving a Schedule 1 or Schedule 2 drug which would be a felony under the Guam statute, an offense under this statute is punishable by a term of imprisonment no less than 15 years with the possibility of life imprisonment. The offense is also subject to a fine not to exceed $100,000. The minimum parole term for this offense is 6 years, and parole shall not be granted until the offender has served at least 15 years of his sentence.

For a violation of this statute committed while the offender is out of jail on bail, the penalties are equal to those for a repeat offender contained in the above paragraph.

For an offender with no previous drug convictions, distribution of less than one pound of Marijuana with no remuneration is subject to probation without an admission of guilt, with all proceedings to be dismissed upon the completion of probation. Such a person can seek to have the records of the proceedings expunged upon the successful completion of probation.

Any person above the age of 18 who distributes Marijuana to a person under 18 years of age, a person suffering from a mental disease or defect, or a person who is pregnant shall have three years imprisonment added to their sentence for the underlying distribution offense. This three year addition is mandatory, offenders will not be eligible for parole until they have served the minimum term of the distribution sentence plus the extra three years provided in this statute. Ignorance of another party's age is not a defense under this statute.

Any person who distributes Marijuana on school grounds or within a designated Drug-Free School Zone shall have three years imprisonment added to their sentence for the underlying distribution crime. The three year addition is mandatory, offenders will not be eligible for parole until they have served the minimum sentence for the underlying offense as well as the additional three years. Ignorance of one's distance from a Drug-Free School Zone is no defense to this statute.

See:

  • GU. ST. T. 9, §67.407(d)
  • GU. ST. T. 9, §67.407(b)
  • GU. ST. T. 9, §67.401.1
  • GU. ST. T. 9, §67.401.4
  • GU. ST. T. 9, §67.412

Importation/Exportation

Importation or Exportation of any amount of Marijuana is a felony punishable by no fewer than three years imprisonment with a maximum of ten years imprisonment, as well as a fine of no more than $15,000. Those convicted under this statute shall not be eligible for parole or work release until the completion of three years imprisonment. This sentence carries a special parole term of not less than two years.

See:

  • GU. ST. T. 9, §67.401.9

Use of Minors

Any person over the age of 18 who induces or otherwise entices a person under the age of 18 to violate or assist in avoiding detection or apprehension for a violation of any section of the Guam Uniform Controlled Substances Act shall have three years added to any minimum sentence applied under the act. The three year addition is mandatory and extends the minimum term of the sentence. The offender must serve the minimum term of the underlying sentence and the additional three years before becoming eligible for parole. Ignorance of another party's age is no defense to this statute.

See:

  • GU. ST. T. 9, §67.408

Hash & Concentrates

Guam lists both Marijuana and Tetrahydrocannabinols in Schedule 1 of the Guam Controlled Substances Schedule, however, for the purposes of punishment Marijuana is defined as including plant-form cannabis any derivatives, compounds, or mixtures made from any part of the Cannabis plant or its resin except for the mature stalks of the plant, which are not psychoactive.

See:

  • GU. ST. T. 9, §67.100(t)
  • GU. ST. T. 9, §67 Appendix A(c)(23), (31)
Decriminalization

The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

Mandatory Minimum Sentence

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.







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