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Guam Laws & Penalties

Offense Penalty Incarceration   Max. Fine  

Possession

Up to 1 oz No penalty None $ 0
More than 1 oz Misdemeanor 60 days $ 500
Any amount in a school zone Misdemeanor 1 year $ 1,000

Distribution

Of less than 1 oz without remuneration No penalty None $ 0
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.

Cultivation

Up to six plants No penalty None $ 0

Paraphernalia

Using, buying, selling paraphernalia No penalty None $ 0

Importation/Exportation

Any amount Felony 3 - 10 years $ 15,000

Hash & Concentrates

Up to 8 g No penalty None $ 0

Miscellaneous

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

Penalty Details

Cannabis is defined as including all parts of the genus cannabis plants 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:

  • Guam Pub. L. 35-05 sec. 8102 (b). (2019).

Possession for Personal Use

An adult may possess up to one ounce of cannabis and either 8 grams of cannabis concentrate or cannabis infused products containing up to 800 mg of tetrahydrocannabinol.

An adult may possess the cannabis produced by the cannabis plants grown on their property. 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 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 $1,000.

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:

  • Guam Pub. L. 35-05 sec. 8103 (a). (2019).
  • Guam Pub. L. 35-05 sec. 8103(b).
  • GU. ST. T. 9, §67.402.2
  • GU. ST. T. 9, §80.50
  • GU. ST. T. 9, §67.412

Cultivation

An adult may grow up to 6 plants with no more than 3 mature flowering plants at the adult's primary residence. The plants may not be "visible from any public location."

See:

  • Guam Pub. L. 35-05 sec. 8103 (b). (2019).
  • Guam Pub. L. 35-05 sec. 8104 (c). (2019).

Distribution

An adult may transfer 1 ounce or less of cannabis and, either 8 ounces or less of cannabis concentrate or cannabis infused products with less than 800 mg or less of THC to another adult as long as the transfer is without remuneration.

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.

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:

  • Guam Pub. L. 35-05 sec. 8103 (c). (2019).
  • GU. ST. T. 9, §67.407(d)
  • GU. ST. T. 9, §67.407(b)
  • GU. ST. T. 9, §67.401.1

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

Paraphernalia

The Guam statute uses the term "cannabis accessories." An adult may buy, use and sell cannabis accessories.

See:

  • Guam Pub. L. 35-05 sec. 8107 (2019).

Hash & Concentrates

An adult may possess up to 8 grams of cannabis concentrate.

See:

  • Guam Pub. L. 35-05 sec. 8103(a) (2019).
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.

Legalization

This state has legalized marijuana for personal use.

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.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see: Medical Use.