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CHAPTER 67 Uniform Controlled Dangerous Substances Act Article 1. Definitions Interpretation Article 2. Standards and Schedules Article 3. Regulation of Manufacture, Distribution and Dispensing of Controlled Dangerous Substances Article 4. Offenses and Penalties Article 5. Enforcement and Administrative Provisions. Article 6. Importation and Exportation. Article 1 Definitions Interpretation §67.10 Short Title. §67.12 Definitions. §67.14 Interpretation to be Uniform Among States. COMMENT: Guam adopted the Uniform Controlled Dangerous Sub-stances Act in 1972 and later amended it to conform with Draft No. 10 of the Uniform Controlled Substances Act. This law is now contained in Penal Code §§626 through 626.33. The apparent conflict between 48 U.S.C.A. 1421m(c) (Organic Act) and §626.11 of the Penal Code (§§67.52(3) of this Code) is non-existent. Section 1421m(c) of the Organic Act was repealed by the Federal Uniform Controlled Substances Act. This Chapter has been carried into the Criminal and Correction-al Code from the Penal Code of Guam without change except that the amendment to §626.10 of the Penal Code (§67.50 of this Code) was omitted because this Code had been put into its final form by the time the amendment (P.L. 13-58) had been made. However, it was clearly not the intention of the Legislature to omit the new Subsection (a)(3) created by P.L. 13-58. See comment to §67.50. The possession of small amount of marijuana has been discriminalized to a violation. §67.10. Short Title. This Chapter may be cited as the Uniform Controlled Substances Act. §67.12. Definitions. As used in this Chapter: (a) Administer means the direct-application of a controlled substance, whether by injection, inhalation, ingestion, or any other means to the body of a patient or research subject by: (1) a practitioner (or, in his presence, by his authorized agent), or (2) the patient or research subject at the direction and in the presence of the practitioner. (b) Agent means an authorized person who acts on behalf of or at the direction of a manufacturer, distrib-utor or dispenser but does not include a common or contract carrier, public warehouseman, or employee thereof. (c) Bureau means the Bureau of Narcotics and Dangerous Drugs, United States Department of Justice or its successor agency. (d) Controlled substance means a drug, substance, or immediate precursor in Schedules I through V of Article 2. (e) Counterfeit substance means a controlled sub-stance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed such substance and which thereby falsely purports or is represented to be the product of, or to have been distributed by, such other manufacturer, distributor, or dispenser. (f) Deliver or Delivery means the actual, construc-tive, or attempted transfer of a controlled substance whether or not there exists an agency relationship. (g) Dispense means to deliver a controlled sub-stance to the ultimate user or human research subject by or pursuant to the lawful order of a practitioner, including prescribing, administering, the packaging, labeling, or compounding necessary to prepare the substance for such delivery. (h) Dispenser is a practitioner who dispense. (i) Distribute means to deliver other than by administering or dispensing a controlled substance. (j) Distributor means a person who distributes. (k) Drug means (1) substances recognized in the official United States Pharmacopoeia, official Homeo-pathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them, and (2) substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and (3) substances (other than food) intended to affect the structure or any function of the body of man or other animals; and (4) substances intended for use as a component of any article specified in clause (1),(2), or (3) of this Subsec-tion; but does not include devices or their components, parts or accessories. (l) Drug dependent person means a person who is using a controlled substance and who is in a state of psychic or physical dependence, or both, arising from administration of that controlled substance on a continuous basis. Drug dependence is characterized by behavioral and other responses which include a strong compulsion to take the substance on a continuous basis in order to experience its psychic effects or to avoid the discomfort of its absence. (m) Manufacture means the production, prepara-tion, propagation, compounding, conversion or pro-cessing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthe-sis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its contain-er, except that this term does not include the prepara-tion or compounding of a controlled substance by an individual for his own use or the preparation, com-pounding, packaging, or labeling of a controlled substance: (1) by a practitioner as an incident to his administering or dispensing of a controlled sub-stance in the course of his professional practice, or (2) by a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale. (n) Marihuana means all parts of the plant Canna-bis sativa L., whether growing or not; the seeds there-of; the resin extracted from any part of such plant; and every compound; manufacture, salt, derivative, mix-ture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufac-ture, salt, derivative mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed or such plant which is incapable of germination. (o) Narcotic drug means any of the following whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (1) Opium and opiate, and any salt, com-pound, derivative, or preparation of opium or opiate. (2) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause 1, but not including the isoquinoline alkaloids of opium. (3) Opium poppy and poppy straw. (4) Coca leaves and any salt, compound, derivative or preparation of coca leaves, and any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine. (p) Opiate means any substance having an addic-tion-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically desig-nated as controlled under §67.20, the dextrorotatory isomer of 3-methoxy-n-methylmorphianan and its salt (destromethorphan). It does include its racemic and levorotatory forms. (q) Opium poppy means the plant of the species Papaver somnifarum L., except the seeds thereof. (r) Person means any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust partnership or association, or any other legal entity. (s) Poppy straw means all parts, except the seeds of the opium poppy, after mowing. (t) Practitioner means: (1) a physician, dentist, veterinarian, scientific investigator, or other person licensed, registered or otherwise authorized by the Governor to distrib-ute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this Territo-ry. (2) a pharmacy, hospital or other institution license registered or otherwise authorized by the Governor to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this Territory. (u) Production includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. (v) Immediate precursor means a substance which the Governor has found to be and by regulation designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit such manufacture. (w) Ultimate user means a person who lawfully possesses a controlled substance for his own use or for the use of a member of his household or for adminis-tration to an animal owned by him or by a member of his household. (x) Governor means the Governor or any officer or agency he may designate to enforce this Chapter. §67.14. Interpretation to be Uniform Among States. This Act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. - - - - - Article 2 Standards and Schedules §67.20 Standards for Governor to Use in Controlling Substances: Exception for Tobacco, Alcoholic Beverages. §67.21 Names (Trade, Chemical, etc.) Used in Sched-ules. §67.22 Standard for Schedule I. §67.23 Schedule I. §67.24 Standards for Schedule II. §67.25 Schedule II. §67.26 Standards for Schedule III. §67.28 Standards for Schedule IV. §67.29 Schedule IV. §67.30 Standards for Schedule V. §67.31 Schedule V. §67.32 Governor to Revise and Republish Schedules Annually. §67.20. Standards for Governor to Use in Controlling Substances: Exception for Tobacco, Alcoholic Beverages. (a) The Governor shall control all substances enumerated in §§67.23, 67.25, 67.27, 67.29, and 67.31 and may make regulations pursuant to the procedures of the Administra-tive Adjudication Act to add, delete, or reschedule a substance as a controlled substance. In making such a determination, the Governor shall consider the following: (1) its actual or relative potential for abuse; (2) scientific evidence of its pharmacolo-gical effect, if known; (3) state of current scientific knowledge regarding the substance; (4) its history and current pattern of abuse; (5) the scope, duration, and significance of abuse; (6) what, if any, risk there is to the public health; (7) its psychic or physiological dependence liability and (8) whether the substance is an immediate precur-sor of a substance already controlled under this Article. (b) After considering the above factors, the Governor shall make findings with respect thereto and shall issue a rule controlling the substance if he finds that the substance has a potential for abuse. (c) If the Governor designates a substance as an immediate precursor, substances which are precursors, of the controlled precursor shall not be subject to control solely because they are precursors of the controlled pre-cursor. (d) If any substance is designated, rescheduled, or deleted as a controlled substance under Federal law and notice thereof is given to the Governor, the Governor shall similarly control the substance under this Act after the expiration of thirty (30) days from publication in the Federal Register of a final order designating a substance as a controlled substance or rescheduling or deleting a sub-stance, unless within that thirty (30) day period, the Governor objects to inclusion, rescheduling, or deletion. In that case, the Governor shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the Governor shall publish his decision, which shall be final unless altered by statute. Upon publication of objection to inclu-sion, rescheduling, or deletion under this Act by the Governor, control under this Act is stayed until the Gov-ernor publishes his decision. (e) Authority to control under this Section does not extend to distilled spirits, wine, malt beverages, or tobacco. §67.21. Names (Trade, Chemical, Etc.) Used in Sched-ules. The following Schedules include the controlled substances listed or to be listed by whatever official name, common or usual name, chemical name, or trade name designated. §67.22. Standard for Schedule I. The Governor shall place a substance in Schedule I if he finds that the sub-stance: (1) has a high potential for abuse; and (2) has no accepted medical use in treatment in the United States; or lacks accepted safety for use in treatment under medical supervision. §67.23. Schedule I. (a) The controlled substances listed in this Section are included in Schedule I. (b) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and others, unless specifically excepted, whenever the existence of such isomers, esters, ethers and salts in possible within the specific chemical designation: 1. Acetylmethadol; 2. Allylprodine; 3. Alphacetylmethadol; 4. Alphameprodine; 5. Alphamethadol; 6. Benzethidine; 7. Betacetylmethadol; 8. Betameprodine; 9. Betamethadol; 10. Betaprodine; 11. Clonitazene; 12. Dextromoranmide; 13. Dextrorphan; 14. Dimpromide; 15. Diethyliambutene; 16. Dimenoxadol; 17. Dimepheptanol; 18. Dimethyliambutene; 19. Dioxaphety/butyrate; 20. Dipipanone; 21. Ethylmethylthiambutene; 22. Etonitazene; 23. Etoxeridine; 24. Furethidine; 25. Hydroxypethidine; 26. Ketobemidone; 27. Morpheridine; 28. Moracymethadol; 29. Morlevorphanol; 30. Normethadone; 31. Norpipanone; 32. Phenadoxone; 33. Phenampromide; 34. Phenomorphan; 35. Phenoperidine; 36. Piritramide; 37. Proheptazine; 38. Properidine; 39. Racemoramide; 40. Trimeperidine; (c) Any of the following opium derivatives, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation: 1. Acetorphine; 2. Acetyldihydrocedeine; 3. Benzylmorphine; 4. Codeine methylbromide; 5. Codeine-N-Oxide; 6. Cyprenorphine; 7. Desomorphine; 8. Dihydromorphine; 9. Etorphine; 10. Heroin; 11. Hydromorphinol; 12. Methyldesorphine; 13. Methyldihydromorphine; 14. Morphine methylbromide; 15. Morphine methylsulfonate; 16. Morphine-N-Oxide; 17. Myrophine; 18. Nicocodeine; 19. Nicomorphine; 20. Normorphine; 21. Phoclodine; 22. Thebacon; (d) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: 1. 3, 4-methylenedioxy amphetamine; 2. 5-methoxy-3, 4-methylenedioxy amphetamine; 3. 3, 4, 5-trimethoxy amphetamine; 4. Bufotanine; 5. Diethyltryptamine; 6. Dimethyltryptamine; 7. 4-methyl-2, 5-dimethoxylamphetamine; 8. Ibogaine; 9. Lysergic acid diethylamide; 10. Marihuana; 11. Mescaline; 12. Peyote; 13. N-ethyl-3-piperidyl benzilate; 14. N-methyl-3-piperidyl benzilate; 15. Psilocyn; 16. Psilocion; 17. Tetrahydrocannabinol. §67.24. Standards for Schedule II. The Governor shall place a substance in Schedule II if he finds that: (1) the substance has a high potential for abuse; (2) the substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and (3) abuse of the substance may lead to severe psychic or physical dependence. §67.25. Schedule II. (a) The controlled substances listed in this Section are included in Schedule II. (b) Any of the following substances except those narcotic drugs listed in other schedules, whether produced directly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis: 1. Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate; 2. Any salt, compound, isomers, derivative or preparation thereof which is chemically equivalent or identical with any of the substances referred to in number 1, but not including the isoquinoline alkaloids of opium; 3. Opium poppy and poppy straw; 4. Coca leaves and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine. (c) Any of the following opiates, including their immediate isomers, esters, ethers, salts, and salts of iso-mers, esters and ethers, unless specifically excepted, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation: 1. Alphaprodine; 2. Anileridine; 3. Bezitramide 4. Dihydrocodeine; 5. Diphenoxylate; 6. Fentanyl; 7. Isomethadone; 8. Levomethorphan; 9. Levorphanol; 10. Metazocine; 11. Methadone; 12. Methadone-Intermediate, 4-cyano-2 dimethyl-amine-4, 4-diphenyl butane; 13. Meramide-Intermediate,2-methyl-3-morpho-lino-1, 1-diphenylpropane-carboxylic acid; 14. Pethidine; 15. Pethidine-Intermediate-A, 4-cyano-1 methyl-4-phenyl-piperidine; 16. Pethidine-Intermediate-B, ethyl-rphenyl-piper-idine-4-carboxylic acid; 17. Pethidine-Intermediate-C, 1-methyl-4-phenylpiperdine-4-carboxylic acid; 18. Phenazocine; 19. Piminodine; 20. Racemethorphan; 21. Racemorphan. (d) Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system: 1. Amphetamine, its salts, optical isomers, and salts of its optical isomers; 2. Any substance which contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers. §67.26. Standards for Schedule III. The Governor shall place a substance in Schedule III if he finds that: (1) the substance has a potential for abuse less than the substances listed in Schedules I and II; (2) the substance has currently accepted medical use in treatment in the United States; (3) abuse of the substance may lead to moderate or low physical dependence or high psychological depen-dence. §67.27. Schedule III. (a) The controlled substances listed in this Section are included in Schedule III. (b) Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulate effect on the central nervous system: 1. Phenmetrazine and its salts; 2. Methylphenidate. (c) Unless listed in another schedule any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system: 1. Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a deriva-tive or barbituric acid, except those substances which are specifically listed in other schedules; 2. Chlorhexadol; 3. Glutethimide; 4. Lysergic acid; 5. Lysergic acid amide; 6. Methyprylon; 7. Phencyclidine; 8. Sulfondiethylmethane; 9. Sulfonethylmethane; 10. Sulfonmethane. (d) Nalophine. (e) Any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof: 1. Not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milli-grams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium; 2. Not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milli-grams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts; 3. Not more than 300 milligrams of dihydrocodei-none, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium; 4. Not more than 300 milligrams of dihydrocodei-none, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeu-tic amounts; 5. Not more than 1.3 grams of dihydrocodeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts; 6. Not more than 300 milligrams of ethylmorphine of any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts; 7. Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active non-narcotic ingredients in recognized therapeutic amounts; 8. Not more than 50 milligrams of morphine, or any of its salts, per 100 milliliters of per 100 grams with one or more active, non-narcotic ingredients in recognized therapeutic amounts. (f) The Governor may except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in Subsections (b) and (c) of this Schedule above from the application of all or any part of his Act if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which do have stimulant or depressant effect on the central nervous system. §67.28. Standards for Schedule IV. The Governor shall place a substance in Schedule IV if he finds that: (1) the substances has a low potential for abuse relative to substances in Schedule III; (2) the substance has currently accepted medical use in treatment in the United States; and (3) abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances listed in Schedule III. §67.29. Schedule IV. (a) The controlled substances listed in this Section are included in Schedule IV. (b) Any material, compound, mixture, or preparation which contains any quantity of the following substances or salts thereof having a potential for abuse associated with a depressant effect on the central nervous system: 1. Barbital; 2. Chloral betaine; 3. Chloral hydrate; 4. Ethchlorvynol; 5. Ethinamate; 6. Methohexital; 7. Meprobamate; 8. Methylphenobarbital; 9. Paraldehyde; 10. Petrichloral; 11. Phenobarbital; (c) The Governor may except by rule any compound, mixture, or preparation containing any depressant sub-stance listed in Subsection (b) from the application of all or any part of this Act if the compound, mixture, or prepara-tion contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a depres-sant effect on the central nervous system. §67.30. Standards for Schedule V. The Governor shall place a substance in Schedule V if he finds that: (1) the substance has low potential for abuse relative to the controlled substances listed in Schedule IV; (2) the substance has currently accepted medical use in treatment in the United States; and (3) the substance has limited physical dependence, or psychological dependence liability relative to the controlled substances listed in Schedule IV. §67.31. Schedule V. (a) The controlled substances listed in this Section are included in Schedule V. (b) Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, which shall include one or more non-narcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone: 1. Not more than 200 milligrams of codeine, or any of its salts, per 100 milliliters or per 100 grams; 2. Not more than 100 milligrams of dihydrocodeine, or any of its salts, per 100 milliliters or per 100 grams; 3. Not more than 100 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or per 100 grams; 4. Not more than 2.5 milligrams of diphenoxylate, and not less than 25 micrograms of atropine sulfate per dosage unit; 5. Not more than 100 milligram of opium per 100 milliliters or per 100 grams, or not more than 5 milli-grams per dosage unit. §67.32. Governor to Revise and Republish Schedules Annually. The Governor shall review and republish the Schedules annually and make them available to any registrant law enforcement agency or any member of the public desiring such list. - - - - - Article 3 Regulation of Manufacture, Distribution and Dispensing of Controlled Dangerous Substances §67.34 Governor to Promulgate Rules & Regulations. §67.36 Persons Using Controlled Substances Must Reg-ister; Exceptions. §67.38 Standards for Granting Registration: Limitations. §67.40 Standards for Suspension or Revocation of Regis-tration. §67.42 Procedure for Suspension or Revocation. §67.44 Records to be Kept by Registrants. §67.46 Order Forms Required for Substances in Sched-ules I & II: Federal Requirements to be Met. §67.48 Regulations for Dispensing Substances. §67.34. Governor to Promulgate Rules & Regulations. The Governor is authorized to promulgate rules and charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances within Guam. §67.36. Persons Using Controlled Substances Must Register; Exceptions. (a) Every person who manufactures, distributes or dispenses any controlled substance within Guam or who proposes to engage in the manufacture, distribution, or dispensing of any controlled substance within Guam, shall obtain annually a registration issued by the Governor in accordance with the rules made by him. (b) Persons registered by the Governor under this Act to manufacture, distribute, dispense, or conduct research with controlled substances may possess, manufacture, distribute, dispense, or conduct research with those sub-stances to the extent authorized by their registration and in comformity with the other provisions of this Article. (c) The following persons need not register and may lawfully possess controlled substances under the provisions of this Act: (1) an agent, or an employee thereof, of any registered manufacturer, distributor, or dispenser of any controlled substance if such agent is acting in the usual course of his business or employment; (2) a common or contract carrier or warehouse-man, or an employee thereof, whose possession of any controlled substance is in the usual course of his business or employment; (3) an ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a Schedule V substance. (d) The Governor may, by rule, waive the requirement for registration of certain manufacturers, distributors, or dispensers if he finds it consistent with the public health and safety. (e) A separate registration shall be required at each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses controlled substances. (f) The Governor or his designee may inspect the establishment of a registrant or applicant for registration in accordance with the promulgated by him. §67.38. Standards for Granting Registration: Limita-tions. (a) The Governor shall register an applicant to manufacture or distribute controlled substances included in Schedules I through V of Article 2 unless he determines that the issuance of that registration is inconsistent with the public interest. In determining the public interest, the Governor shall consider the following factors: (1) maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels; (2) compliance with applicable law; (3) prior conviction record of applicant under Federal, State and local laws relating to controlled substances; (4) past experience in the manufacture or distribu-tion of controlled substances, and the existence in the establishment of effective controls against diversion; (5) furnishing by the applicant of false or fraudu-lent material in any application filed under this Act; (6) suspension or revocation of the applicant's Federal registration to manufacture, distribute, or dispense controlled substances as authorized by Federal law; and (7) any other factors relevant to and consistent with the public health and safety. (b) Registration granted under Subsection (a) of this Section shall not entitle a registrant to manufacture and distribute controlled substances in Schedule I or II other than those specified in the registration. (c) Practitioners must be registered to dispense any controlled substances or to conduct research with controlled substances in Schedules II through V if they are authorized to dispense or conduct research under the law of this Territory. The Governor need not require separate registra-tion under this Article for practitioners engaging in research with non-narcotic controlled substances in Schedules II through V where the registrant is already registered under Federal law to conduct research with Schedule I substances may conduct research with Schedule I substance within this Territory upon furnishing evidence of that Federal registra-tion. (d) Compliance by manufacturers and distributors with the provisions of the Federal law respecting registration (excluding fees) shall be deemed compliance with this Section. §67.40. Standards for Suspension or Revocation of Registration. (a) A registration pursuant to §67.38 to manufacture, distribute, or dispense a controlled substance, may be suspended or revoked by the Governor upon a finding that the registrant: (1) has materially falsified any application filed pursuant to this Act or required by this Act; (2) has been convicted of any violation under this Act or any law of the United States, or of any State, relating to any substances defined herein as a con-trolled substance; or (3) has had his Federal registration suspended or revoked by competent Federal authority and is no longer authorized by Federal law to engage in the manufacturing, distribution, or dispensing of controlled substances; (4) has violated any regulation promulgated by the Governor relating to Article 3; or (5) will abuse or unlawfully transfer such sub-stances or that the registrant will fail to safeguard adequately his supply of such substances against diversion into other than legitimate channels of distri-bution. (b) The Governor may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist. (c) In the event the Governor suspends or revokes a registration granted under §67.38, all controlled substances owned or possessed by the registrant pursuant to such registration at the time of suspension or the effective date of the revocation order, as the case may be, may in the discretion of the Governor be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all such controlled sub-stances shall be forfeited. (d) The Bureau shall promptly be notified of all orders suspending or revoking registration and all forfeitures of controlled substances. §67.42. Procedure for Suspension or Revocation. (a) Before denying suspending or revoking a registration, or refusing a renewal of registration, the Governor shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked, or sus-pended, or why the renewal should not be refused. The order to show cause shall contain a statement of the basis therefor and shall call upon the applicant or registrant to appear before the Governor at a time and place not less than thirty (30) days after the date of service of the order, but in the case of a denial or renewal of registration the show cause order shall be served not later than thirty (30) days before the expiration of the registration. These pro-ceedings shall be conducted in accordance with the Admin-istrative Adjudication Law without regard to any criminal prosecution or other proceeding. Proceedings to refuse renewal of registration shall not abate the existing registra-tion which shall remain in effect pending the outcome of the administrative hearing. (b) The Governor may suspend, without an order to show cause, any registration simultaneously with the institution of proceedings under §67.40, or where renewal of registration is refused, if he finds that there is an immi-nent danger to the public health or safety which warrants this action. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the Governor or dissolved by a court of competent jurisdiction. §67.44. Records to Be Kept by Registrants. Persons registered to manufacture, distribute, or dispense controlled substances under this Act shall keep records and maintain inventories in conformance with the record-keeping and inventory requirements of Federal law and in accordance with any rules or regulations adopted by the Governor pursuant to the provisions of this Act. §67.46. Order Forms Required for Substances in Schedules I & II: Federal Requirements to Be Met. Con-trolled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of Federal law respecting order forms shall be deemed compliance with this Section. §67.48. Regulations for Dispensing Substances. (a) Ex-cept when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance in Schedule II, may be dispensed without the written prescrip-tion of a practitioner. (b) In emergency situations, as defined by rule of the Governor, Schedule II drugs may be dispensed upon oral prescription of a practitioner reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with the requirements of §67.44 of this Chapter. No prescription for a Schedule II substance may be refilled. (c) Except when dispensed directly by a practitioner other than a pharmacy, to an ultimate user, a controlled substance included in Schedules III or IV which is a prescription drug, shall not be dispensed without a written or oral prescription of a practitioner. The prescription shall not be filled or refilled more than six (6) months after the date thereof or be refilled more than five (5) times, unless renewed by the practitioner. (d) A controlled substance included in Schedule V shall not be distributed or dispensed other than for a medical purpose. (e) No prescription for a controlled substance shall be filled or refilled with more than a thirty (30) day supply, based upon the dosage units contained in the prescription. - - - - - Article 4 Offenses and Penalties §67.50 Possession, Etc. for Illegal Delivery Dispensing or Manufacturing; Defined; Punishments Classi-fied According to Drug Class Involved. §67.52 Illegal Possession; Defined and Punishment. §67.54 Registrant Offenses; Defined & Punished. §67.56 Transfer by Registrants Controlled: False Forms Prohibited; Punishment Stated. §67.58 Penalties in Addition to Any Civil Penalties. §67.60 Additional Imprisonment in Certain Cases. §67.62 Conditional Discharge & Dismissal for First Of-fenders; Permitted. §67.64 Additional Punishment for Second and Subse-quent Offenses. (Repealed) §67.65 Attempt and Conspiracy. §67.66 Continuing Criminal Enterprise. §67.50. Possession, Etc. for Illegal Delivery Dispensing or Manufacturing; Defined; Punishments Classified Accord-ing to Drug Class Involved. (a) Except as authorized by this Act, it shall be unlawful for any person knowingly or intentionally: (1) to manufacture, deliver or posses with intent to manufacture, deliver or dispense a controlled sub-stance; or (2) to create, distribute or possess with intent to deliver, a counterfeit controlled substance. (b) Any person who violates Subsection (a) with respect to: (1) a substance classified in Schedules I or II which is a narcotic drug shall be guilty of a felony of the first degree and shall not be eligible for work release or educational programs outside the confines of prison. (2) any other controlled substances classified in Schedules I, II or III shall be guilty of a felony of the first degree; shall not be eligible for work release or educational programs outside the confines of prison. (3) a substance classified in Schedule IV or V shall be guilty of a felony of the second degree provided, that any person convicted under this subsection receiving a term of imprisonment shall not be eligible for work release or educational programs outside the confines of prison. SOURCE: Enacted 1977; Subsection (b) amended by P.L. 14-141 and P.L. 19-6:10. CROSS-REFERENCES: §47100(c), Government Code - Importation of controlled substances prohibited; §47100.1, Government Code amend-ed by P.L. 13-58. §67.89 - this Title - for penalties for importation. COMMENT: §67.50 provides various degrees of punishment for the knowing or intentional manufacture, delivery, or possession with intent to manufacture, deliver or dispense, either a controlled substance or a counterfeit controlled substance. The amendments to subsections (b)(1), (2) and (3) increase the degrees of punishment from those originally enacted. §47100(c), Prohibited Imports, was amended by P.L. 11-193 to classify as prohibited imports drugs controlled by the Uniform Controlled Substances Act when such substances were not imported by a registrant or person otherwise authorized to handle the drugs. Public Law 13-58 amended §47100.1(c) to punish such prohibited importation under §626.10 of the Penal Code (§67.50 of this Code). The same Public Law then amended §626.10 by adding a Subsection (a)(3) which provided: "(3) to import into Guam a controlled substance in violation of Subparagraph (c) of §47100 of the Government Code of Guam." §47100.1(c) of the Government Code has been amended by §231.1 of P.L. 13-187 (companion amendatory law to this Code) to read: "(c) any person convicted of violating the prohibition contained in Subparagraph (c) of §47100 shall be subject to punishment pursuant to Chapter 67 (commencing with §67.10) of the Criminal and Correctional Code." §67.52. Illegal Possession; Defined and Punishment. (a) It is unlawful for any person knowingly or intentionally to possess a controlled substance, unless such substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the Act. (b) Any person who violates Subsection (a) with respect to: (1) any controlled substance except marihuana shall be guilty of a felony of the third degree. (2) more than one ounce of marihuana shall be guilty of a petty misdemeanor. (3) one ounce or less of marihuana shall be guilty of a violation and punished by a fine of One Hundred Dollars ($100.00). §67.54. Registrant Offenses; Defined & Punished. (a) It shall be unlawful for any person: (1) who is subject to the requirements of Article 3 to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person; (2) who is a registrant to manufacture, distribute or dispense a controlled substance not authorized by his registration to another registrant or other autho-rized persons; (3) to refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under this Act; (4) to refuse an entry into any premises for any inspection authorized by this Act; or (5) to knowingly keep or maintain any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft or any other structure or place whatever, which is resorted to by persons using controlled substances in violation of this Act for the purpose of using such substances, or which is used for the keeping or selling of the same in violation of this Act. (b) Any person who violates this Section is guilty of a felony of the third degree. §67.56. Transfer by Registrants Controlled: False Forms Prohibited; Punishment Stated. (a) It shall be unlawful for any person knowingly or intentionally: (1) who is a registrant to distribute a controlled substance classified in Schedules I or II, in the course of his legitimate business, except pursuant to an order form as required by §67.46; (2) to use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended or issued to another person; (3) to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, decep-tion or subterfuge; (4) to furnish false or fraudulent material informa-tion in, or omit any material information from, any application, report or other document required to be kept or filed under this Act, or any record required to be kept by this Act; (5) to keep, distribute or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identify-ing mark, imprint or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render such drug a counterfeit, controlled substance. (b) Any person who violates this Section is guilty of a felony of the third degree. §67.58. Penalties in Addition to Any Civil Penalties. Any penalty imposed for violation of this Act shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law. §67.60. Additional Imprisonment in Certain Cases. (a) Any person who is at least eighteen (18) years of age who is guilty of an offense pursuant to Paragraph (1) of Sub-section (a) of §67.50 of this Code by distributing a substance listed in Schedule I or II as per §§67.22 through 67.25 of this Code which is a narcotic drug to a person under eighteen (18) years of age shall be sentenced to serve, in addition to the sentence prescribed by §80.33 of this Code, a term of five (5) years of imprisonment. Imposition or execution of such sentence shall not be suspended and probation shall not be granted. Parole or work release shall not be granted until the offender has served the additional five (5) year sentence prescribed by this Section. (b) Any person who is at least eighteen (18) years of age who is guilty of an offense pursuant to Paragraph (1) of Subsection (a) of §67.50 of this Code by distributing any non-narcotic controlled substance listed in Schedule I or II as per §§67.22 through 67.25 of this Code or a substance listed in Schedules III, IV or V as per §§67.26 through 67.31 of this Code to a person under eighteen (18) years of age shall be sentenced to serve, in addition to the minimum sentence prescribed by §80.33 of this Code, three (3) years of imprisonment. Imposition of execution of such sentence shall not be suspended and probation shall not be granted. Parole or work release shall not be granted until the offender has served the additional three (3) years pre-scribed by this Section. SOURCE: Enacted 1977; repealed and reenacted by P.L. 14-141, eff. 09/01/78. §67.62. Conditional Discharge & Dismissal for First Offenders; Permitted. (a) Whenever any person who has not previously been convicted of an offense under this Act or under any statute of the United States or of any State relating to narcotic drugs, marihuana or stimulant, depres-sant or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under Subsection (a) of §67.52 the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions. Upon violation of a term or condi-tion, the court may enter an adjudication of guilty and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge such person and dismiss the proceedings against him. Discharge and dismissal under this Section shall be without court adjudi-cation of guilt and shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime (including the additional penalties imposed for second or subsequent convictions under §67.64). Discharge and dismissal under this Section may occur only once with respect to any person. (b) Upon the dismissal of such person and discharge of the proceedings against him under Subsection (a), such person may apply to the court of an order to expunge from all official records (other than the nonpublic records to be retained by the court solely for the purpose of use by the courts in determining whether or not, in subsequent proceedings, such person qualifies under this Section) all recordation relating to his arrest, indictment or information, trial, finding of guilty and dismissal and discharge pursu-ant to this Section. If the court determines after hearing, that such person was dismissed and the proceedings against him discharged, it shall enter such order. The effect of such order shall be to restore such person, in the contem-plation of the law, to the status he occupied before such arrest or indictment or information. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or other-wise giving a false statement by reason of his failure to recite or acknowledge such arrest, or indictment or infor-mation, or trial in response to any inquiry made of him for any purpose. COMMENT: Authorization to expunge records enlarged by P.L. 16-68. COURT DECISIONS: D.C. GUAM, App. Div., 1978. In order to avoid serious constitutional difficulties, this Section, which permits expungement of one's arrest record after a postponed plea of guilty or nolo contendere, will be interpreted to permit expungement of records of persons whose cases are dismissed prior to trial without any trial or finding of guilt. People v. Cook, Cr. App. #77-004A. §67.64. Additional Punishment for Second and Subse-quent Offenses. (Repealed.) SOURCE: Enacted 1977; Repealed by P.L. 14-141, Section 6, eff. 08/31/78. §67.65. Attempt and Conspiracy. Any person who attempts or conspires to commit any offense defined in this Chapter shall be punished as prescribed for the commission of the offense which was the object of the attempt or conspiracy. SOURCE: Added by P.L. 14-141, eff. 09/01/78. §67.66. Continuing Criminal Enterprise. It shall be unlawful for any person knowingly or intentionally to engage in a continuing criminal enterprise relative to a controlled substance. A person is engaged in a continuing enterprise relative to a controlled substance if: (1) he commits an offense under any provision of Chapter 67 and the offense is a felony; and (2) such offense is part of a continuing series of offenses pursuant to Chapter 67 of this Code: (a) which are undertaken by such person in concert with two (2) or more other persons with respect to whom such person occupies a position of organizer, a supervisory position or any other position of management; and (b) from which such persons obtain substantial income or resources. SOURCE: Added by P.L. 14-141, eff. 09/01/78. - - - - - Article 5 Enforcement and Administrative Provisions §67.70 Powers of Enforcement Officers. §67.72 Search Warrant May be Served Any Time. §67.74 Conditions for Issuance & Execution of Adminis-trative Inspection Warrants. §67.76 Special Writs in Superior Court: Jury Trial Per-mitted. §67.78 Cooperation with Federal and State Drug Agen-cies Mandated. §67.80 Items Subject to Forfeiture for Violation Act. §67.82 Proof of Exemption & Exception Upon Defen-dant: Failure to Show Registration Cause for Forfeiture. §67.84 Findings of Fact by Governor Conclusive: Ap-peal Permitted. §67.86 Educational Programs Mandated; Research to be Encouraged. §67.87 Burden of Proof; Liabilities. §67.70. Powers of Enforcement Officers. (a) Any officer designated by the Governor may: (1) carry firearms; (2) execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoe-nas and summonses issued under the authority of this Territory; (3) make arrests without warrant for any offense under this Act committed in his presence, if he has probable cause to believe that the person to be arrested has committed or is committing or is about to commit a felony; (4) make seizures of property pursuant to the provisions of this Act; and (5) perform such other law enforcement duties as the Chief of Police or the Director of Public Health and Social Services designate. §67.72. Search Warrant May be Served Any Time. A search warrant relating to offenses involving controlled substances may be served at any time of the day or night if the judge or magistrate issuing the warrant is satisfied that there is probable cause to believe that grounds exist for the warrant. §67.74. Conditions for Issuance & Execution of Admin-istrative Inspection Warrants. (a) Issuance and execution of administrative inspection warrants shall be as follows: (1) Any judge of the Superior Court may, upon proper oath of affirmation showing probable cause, issue warrants for the purpose of conducting adminis-trative inspections authorized by this Act or regula-tions thereunder, and seizures of property appropriate to such inspections. For the purposes of this Section, "probable cause" means a valid public interest in the effective enforcement of the Act or regulations suffi-cient to justify administrative inspection of the area, premises, building or conveyance in the circumstances specified in the application for the warrant; (2) A warrant shall issue only upon an affidavit of an officer or employee duly designated and having knowledge of the facts alleged, sworn to before the judge and establishing the grounds for issuing the warrant. If the judge is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he shall issue a warrant identifying the area, premises, building or conveyance to be inspected, the purpose of such inspection, and, where appropriate, the type of property to be inspected, if any. The warrant shall identify the item or types of property to be seized, if any. The warrant shall be directed to a person authorized by §67.70 to execute it. The warrant shall state the grounds for its issuance and the name of the person or persons whose affidavit has been taken in support thereof. It shall command the person to whom it is directed to inspect the area, premises, building or conveyance identified for the purpose specified, and, where appropriate, shall direct the seizure of the property specified. The warrant shall direct that it be served during normal business hours except as provided by §67.72. It shall designate the judge to whom it shall be returned; (3) A warrant issued pursuant to this Section shall be executed and returned within ten (10) days of issuance. If property is seized pursuant to a warrant, the officer executing the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return of the warrant shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one credible person other than the person executing the warrant. The judge, upon request shall deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant; (4) The judge who has issued a warrant under this Section shall attach to the warrant a copy of the return and all the papers filed in connection therewith and shall file them with the clerk of the court. (b) The Governor is authorized to make administrative inspections of controlled premises in accordance with the following provisions: (1) For purposes of this Article only, Controlled Premises means: (A) places where persons registered or ex-empted from registration requirements under this Act are required to keep records; and (B) places including factories, warehouses, establishments and conveyances where persons registered or exempted from registration require-ments under this Act are permitted to hold, manu-facture, compound, process, sell, deliver or other-wise dispose of any controlled substance. (2) When so authorized by an administrative inspection warrant issued pursuant to Subsection (a), an officer or employee designated by the Governor, upon presenting the warrant and appropriate creden-tials to the owner, operator or agent in charge, shall have the right to enter controlled premises for the purpose of conducting an administrative inspection. (3) When so authorized by an administrative inspection warrant, an officer or employee designated by the Governor shall have the right: (A) to inspect and copy records required by this Act to be kept; (B) to inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in Paragraph (5), all other things therein (including records, files, papers, processes, controls and facilities) bearing on violation of this Act; and (C) to inventory any stock of any controlled substance therein and obtain samples of any such substance. (4) This Section shall not be construed to prevent the inspection without a warrant of books and records (including seizures of property): (A) with the consent of the owner, operator or agent in charge of the controlled premises; (B) in situations presenting imminent danger to health or safety; (C) in situations involving inspection of con-veyances where there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant; (D) in any other exceptional or emergency circumstances where time or opportunity to apply for a warrant is lacking; and (E) in all other situations where a warrant is not constitutionally required. (5) Except when the owner, operator or agent in charge of the controlled premises so consents in writing no inspection authorized by this Section shall extent to: (A) financial data; (B) sales data other than shipment date; or (C) pricing data. §67.76. Special Writs in Superior Court: Jury Trial Permitted. (a) The Superior Court shall have jurisdiction in proceedings in accordance with the rules of that court to restrain or enjoin violations of this Act. (b) The defendant may demand trial by jury for an alleged violation of an injunction or restraining order under this Section. §67.78. Cooperation with Federal and State Drug Agencies Mandated. (a) The Governor shall cooperate with Federal and State agencies in discharging his responsi-bilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, he is authorized to: (1) arrange for the exchange of information be-tween governmental officials concerning the use and abuse of controlled substances; (2) coordinate and cooperate in training programs on controlled substance law enforcement at the local and State levels; (3) cooperate with the Bureau by establishing a centralized unit which will accept, catalogue, file and collect statistics, including records of drug dependent persons and other controlled substance law offenders within Guam, and make such information available for Federal, State and local law enforcement purposes. He shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under Subsection (c); and (4) conduct programs of eradication aimed at des-troying wild or illicit growth of plant species from which controlled substances may be extracted. (b) Results, information and evidence received from the Bureau relating to the regulatory functions of this Act, including results of inspections conducted by it may be relied and acted upon by the Governor in the exercise of his regulatory functions under this Act. (c) A practitioner engaged in medical practice or research is not required or compelled to furnish the name or identity of a patient or research subject to the Governor, nor may he be required or compelled in any territory or local, civil, criminal, administrative, legislative or other proceedings to furnish the name or identity of an individu-al that the practitioner is obligated to keep confidential. §67.80. Items Subject to Forfeiture for Violation Act. (a) The following shall be subject to forfeiture and no property right shall exist in them: (1) All controlled substances which have been or are intended to be manufactured, distributed, dis-pensed, acquired or held in violation of the provisions of this Act; (2) All raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting any controlled substance in violation of the provisions of this Act; (3) All property which is used, or intended for use, as a container for property described in Paragraphs (1) and (2); (4) All conveyances including aircraft, vehicles or vessels, which are used, or intended for use, to trans-port, or in any manner to facilitate the transportation, sale, receipt, possession or concealment of property described in (1) or (2), except that: (A) No conveyance used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited under the provi-sions of this Chapter unless it shall appear that the owner or other person in charge of such convey-ance was a consenting party or privy to a violation of this Act; and (B)No conveyance shall be forfeited under the provisions of this Section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge or consent; (C) A conveyance is not subject to forfeiture for a violation of §67.52; and (D) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the act or omission. (5) All books, records and research including formulas, microfilm, tapes and data which are used, or intended for use, in violation of this Act. (6) All moneys, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance in violation of this Act, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, securities used or intended to be used to facilitate any violation of this Act, shall be forfeited to the criminal justice agency making the seizure; (7) All firearms which are visible, carried during or used in furtherance of a violation of this Act. (b) Any property subject to forfeiture under this Act may be seized by the Governor upon process issued by the Superior Court except that seizure without such process may be made when: (1) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant; (2) The property subject to seizure has been the subject of a prior judgment in a criminal injunction or forfeiture proceeding based upon this Act; (3) The Governor has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or (4) The Governor has probable cause to believe that the property has been used or intended to be used in violation of this Act. In the event of seizure pursuant to this Subsection, proceedings under Subsection (c) shall be instituted promptly. (c) Property taken or detained under this Section shall not be repleviable; but shall be deemed to be in the custody of the Governor subject only to the orders and decrees of the court. Whenever property is seized under the provi-sions of this Act, the Governor may: (1) Place the property under seal; or (2) Remove the property to a place designated by him. (d) Whenever property is forfeited under this Act the Governor may: (1) Retain the property for official use; (2) Sell any forfeited property which is not re-quired to be destroyed by law and which is not harmful to the public. The proceeds shall be used for payment of all property expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising and court costs; (3) Require the property to be taken into custody and removed for disposition in accordance with law; or (4) Forward it to the Bureau for disposition. Such disposition, may include delivery for medical or scientific use to any Federal or State agency under regulations of the Attorney General of the United States. (e) All substances listed in Schedule I that are pos-sessed, transferred, sold or offered for sale in violation of the provisions of this Act shall be deemed contraband and seized and summarily forfeited to the Government. Similar-ly, all substances listed in Schedule I which are seized or come into the possession of the Government, the owners of which are unknown, shall be deemed contraband and summarily forfeited to the Government: (1) All species of plants from which controlled substances in Schedules I and II may be derived which have been planted or cultivated in violation of this Act, or of which the owners or cultivators are unknown, of which are wild growths, may be seized and summarily forfeited to the Government. (2) The failure, upon demand by the Governor, or his duly authorized agent, of the person in occupancy or in control of land or premises upon which such species of plants are growing or being stored, to produce an appropriate registration, or proof that he is the holder thereof, shall constitute authority for the seizure and forfeiture. SOURCE: Subitems (6) & (7) of subparagraph (a) were added by P.L. 20-230:1. §67.82. Proof of Exemption & Exception Upon Defen-dant: Failure to Show Registration Cause for Forfeiture. (a) It shall not be necessary for the Government to negate any exemption or exception set forth in this Act in any com-plaint, information, indictment or other pleading or in any trial, hearing or other proceeding under this Act. The burden of proof of any such exemption or exception shall be upon the person claiming its benefit. (b) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this Act, he shall be presumed not to be the holder of such registration or form, and the burden of proof shall be upon him to rebut such presumption. §67.84. Findings of Fact by Governor Conclusive: Appeal Permitted. All final determinations, findings and conclusions of the Governor under this Act are final and conclusive decisions of the matters involved. Any person aggrieved by such decision may obtain review of the deci-sion in the Superior Court. Findings of fact by the Gover-nor, if supported by substantial evidence are conclusive. §67.86. Educational Programs Mandated; Research to be Encouraged. (a) The Governor is authorized and directed to carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connec-tion with such programs he is authorized to: (1) Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations; (2) Assist the regulated industry and interested groups and organizations in contributing to the reduc-tion of misuse and abuse of controlled substances; (3) Consult with interested groups and organiza-tions to aid them in solving administrative and organi-zational problems; (4) Evaluate procedures, projects, techniques and controls conducted or proposed as part of educational programs or misuse and abuse of controlled substanc-es; (5) Disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them; and (6) Assist in the education and training of law enforcement officials in their efforts to control misuse and abuse of controlled substances. (b) The Governor shall encourage research on misuse and abuse of controlled substances. In connection with such research; and in furtherance of the enforcement of this Act he may: (1) Establish methods to assess accurately the effects of controlled substances and identify and characterize those with potential for abuse; (2) Make studies and undertake programs of research to: (A) Develop new or improved approaches, techniques, systems equipment and devices to strengthen the enforcement of this Act; (B) Determine patterns of misuse and abuse of controlled substances and the social effects thereof; and (C) Improve methods for preventing, predict-ing, understanding and dealing with the misuse and abuse of controlled substances; and (3) Enter into contracts with public agencies, institutions of higher education and private organiza-tions or individuals for the purpose of conducting research, demonstrations, or special projects which bear directly on misuse and abuse of controlled substances. (c) The Governor may authorize persons engaged in research on the use and effects of controlled substances to withhold the names and other identifying characteristics of persons who are the subjects of research. Persons who obtain this authorization are not compelled in any civil, criminal, administrative, legislative or other proceeding to identify the individuals who are subjects of research for which such authorization was obtained. (d) The Governor may authorize the possession and distribution of controlled substances by persons engaged in research. Persons who obtain this authorization shall be exempt from prosecution for possession and distribution of substances to the extent of the authorization. §67.87. Burden of Proof; Liabilities. (a)(1) It shall not be necessary for the Government to negate any exemption or exception set forth in this Chapter in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under this Chapter and the burden of going forward with the evidence with respect to any such exemption or exception shall be upon the person claiming its benefit. (2) In the case of a person charged under §67.50(a) of this Code with the possession of a controlled sub-stance, any label identifying such substance for purpos-es of §503(b) (2) of the Federal Food, Drug and Cos-metic Act (21 US §353(b)) shall be admissible in evi-dence and shall be prima facie evidence that such substance was obtained pursuant to a valid prescrip-tion from a practitioner while acting in the course of his professional practice. (b) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this Chapter, he shall be presumed not to be the holder of such registration or form and the burden of going forward with the evidence with respect to such registration or form shall be upon him. (c) The burden of going forward with the evidence to establish that a vehicle, vessel or aircraft used in connection with controlled substances in Schedule I was used in accordance with the provisions of this Chapter shall be on the persons engaged in such use. SOURCE: Added by P.L. 14-141, eff. 09/01/78. - - - - - Article 6 Importation and Exportation §67.88 Definitions. §67.89 Importation of Controlled Substances. §67.90 Exportation of Controlled Substances. §67.91 Transshipment and In-Transit Shipment of Con-trolled Substances. §67.92 Possession on Board Vessel or Aircraft Arriving in or Departing from Guam. §67.93 Exemption Authority. §67.94 Persons Required to Register. §67.95 Registration Requirements. §67.96 Manufacture or Distribution for Purposes of Unlawful Importation. §67.98 Application of Federal Law and Cooperative Agreement Between Local and Federal Enforce-ment Agencies. §67.88. Definitions. (a) For purposes of this Article: (1) The term import means, with respect to any article, any bringing in or introduction of such article into any area on Guam. §67.89. Importation of Controlled Substances. (a) Except for a person registered pursuant to §67.95 of this Code or exempted pursuant to §§67.93 or 67.94 of this Code, it shall be unlawful and punishable as a felony of the first degree to import into Guam any controlled substance listed in Schedule I or II as per §§67.22 through 67.25 of this Code or any narcotic drug listed in Schedules III, IV or V as per §§67.26 through 67.31 of this Code, except that: (1) such amounts of crude opium and coca leaves as the Governor finds to be necessary to provide for medical, scientific or other legitimate purposes; and (2) Such amounts of any controlled substance listed in Schedule I or II as per §§67.22 through 67.25 of this Code or any narcotic drug listed in Schedules III, IV or V as per §§67.26 through 67.31 of this Code, that the Governor finds to be necessary to provide for the medical, scientific or other legitimate needs of the territory of Guam: (A) during an emergency in which domestic supplies of such substance or drug are found by the Governor to be inadequate; or (B) in any case in which the Governor finds that competition among domestic manufacturers of the controlled substance is inadequate and will not be rendered adequate by the registration of addi-tional manufacturers under Article 3 of Chapter 67 of this Code, may be so imported under such regulations as the Governor shall prescribe. No crude opium may be so imported for the purpose of manufacturing heroin or smoking opium. (b) It shall be unlawful and punishable as a felony of the third degree to import into Guam from any place outside thereof any non-narcotic controlled substance listed in Schedules III, IV or V as per §§67.26 through 67.31 of this Code unless such non-narcotic controlled substance: (1) is imported for medical, scientific or other legitimate uses; and (2) is imported pursuant to such notification or declaration requirements as the Governor may, by regulation, prescribe. (c) In addition to the amount of coca leaves authorized to be imported into Guam under subsection (a) of this Section, the Governor may permit the importation of additional amounts of coca leaves. All cocaine and ecgonine (and all salts, derivatives and preparations from which cocaine or ecgonine may be synthesized or made) contained in such additional of [sic] coca leaves imported under this Subsection shall be de-stroyed under the supervision of an authorized representa-tive of the Governor. COURT DECISIONS: SUPER.CT. 1982 Considering that Congress has given the Governor the specific power to enforce on Guam the federal Contraband Seizure Act of 1963, and that the federal Uniform Controlled Substance Act specifically does not exclude states from enforcing controlled substances laws within their boundaries, and that Guam is a state for purposes of the latter federal act, the Governor of Guam possesses the power to enforce, and the Legisla-ture possesses the power to enact, prohibitions against the importa-tion of controlled substances to the territory of Guam. People v. Salas, Cr. #47F-82. §67.90. Exportation of Controlled Substances. (a) It shall be unlawful and punishable as a felony of first [sic] degree to export from Guam any narcotic drug listed in Schedules I, II, III or IV as per §§67.22 through 67.29 of this Code 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 Manufac-ture and Regulating the Distribution of Narcotic Drugs concluded at Geneva, July 13, 1931, as amended by the protocal [sic] signed at Lake Success on December 11, 1946, and the protocal [sic] bringing under international control drugs outside the scope of the Convention of July 13, 1931, for limiting the manufacturing and regulat-ing the distribution of narcotic drugs (as amended by the protocal [sic] signed at Lake Success on December 11, 1946), signed at Paris, November 19, 1948; or (C) the Single Convention on Narcotic Drugs, 1961, signed at New York, March 30, 1961; (2) such country has instituted and maintains, in conformity with the conventions to which it is a party, a system for the control of imports of narcotic drugs which the Governor 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 Gover-nor by the exporter that (A) the narcotic drug is to be applied exclusively to medical or scientific uses within the country of import, and (B) 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 Governor. (b) Notwithstanding Subsection (a) of this Section, the Governor may authorize any narcotic (including crude opium and coca leaves) listed in Schedules I, II, III, or IV as per §§67.22 through 67.29 of this Code to be exported from Guam to a country which is a party to any of the interna-tional instruments mentioned in subsection (a) of this Section if the particular drug is to be applied to a special scientific purpose in the country of 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 third degree [sic] to export from Guam any non-narcotic controlled substance listed in Schedule I or II as per §§67.22 through 67.25 of this Code unless: (1) there is furnished (before export) to the Gover-nor 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 Governor 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 Governor before the controlled substance is exported from Guam. §67.91. Transshipment and In-Transit Shipment of Controlled Substances. Notwithstanding §§67.89, 67.90 and 67.94 of this Chapter: (a) a controlled substance listed in Schedule I as per §§67.22 and 67.23 of this Code may: (1) be imported into Guam for transshipment to another country; or (2) be transferred or transshipped from one vessel or aircraft to another vessel or aircraft within Guam for immediate exportation if and only if it is so imported, transferred or transshipped (i) for scientific, medical or other legitimate purposes in the country of destination and (ii) with the prior written approval of the Governor (which shall be granted or denied within twenty-one (21) days of the request). (b) a controlled substance listed in Schedules II, III or IV as per §§67.24 through 67.29 of this Chapter may be imported, transferred or transshipped if and only if advance notice is given to the Governor in accordance with regulations of the Governor. §67.92. Possession on Board Vessel or Aircraft Arriving in or Departing from Guam. It shall be unlawful and punishable as a felony of the first degree for any person to bring or possess on board any vessel or aircraft arriving in or departing from Guam a controlled substance listed in Schedule I or II as per §§67.22 through 67.25 of this Chapter unless such substance or drug is a part of the cargo entered in the manifest or part of the official supplies of the vessel or aircraft. §67.93. Exemption Authority. (a) The Governor may, by regulation, exempt from §67.89(a), (b), §67.90 and §67.92 of this Chapter any individual who has controlled [sic] substance except a substance listed in Schedule I as per §§67.22 and 67.25 of this Chapter in his possession for his personal medical use or for administration to the animal accompanying him if he lawfully obtained such substance and he makes such declaration or gives such other notifica-tion as the Governor may by regulation require. (b) The Governor may, by regulation, except any compound, mixture or preparation containing any depres-sant or stimulant substance listed in Paragraph (a) or (b) of Schedule III as per §67.27 of this Chapter or listed in Schedule IV or V as per §§67.28 through 67.31 of this Chapter from the application of all or any part of this Article if (1) the compound, mixture or preparation contains one or more active medicinal ingredients not having a depressant or stimulant effect on the central nervous system, and (2) such ingredients are included therein in such combinations, quantity, proportion or concentration as to vitiate the stimulant effect on the central nervous system. §67.94. Persons Required to Register. (a) The following persons shall not be required to register under the provi-sions of this Section and may lawfully possess a controlled substance: (1) an agent or employee of any importer regis-tered under §67.95 of this Chapter if such agent or employee is acting in the usual course of his business or employment; (2) a common or contract carrier or warehouseman or an employee thereof whose possession of any controlled substance is in the usual course of his business or employment; or (3) an ultimate user who possesses such substance for a purpose specified in §67.12(w) of this Chapter and in conformity with an exemption granted under §67.93 of this Code. (b) The Governor may, by regulation, waive the requirement for registration of certain importers and exporters if he finds it consistent with the public health and safety and may authorize any such importer or exporter to possess controlled substances for purposes of importation and exportation. §67.95. Registration Requirements. (a) The Governor shall register an applicant to import or export a controlled substance listed in Schedule I or II as per §§67.22 through 67.25 of this Code if he determines that such registration is consistent with the public interest and with United States obligations under international treaties, conventions or protocols in effect on the effective date of this section. In determining the public interest, the factors enumerated in Paragraphs (1) through (7) of §67.38(a) of this Code shall be considered. (b) Registration granted under Subsection (a) of this section shall not entitle a registrant to import or export controlled substances listed in Schedule I or II as per §§67.22 through 67.25 of this Code other than those speci-fied in the registration. (c) The Governor shall register an applicant to import a controlled substance listed in Schedules III, IV or V as per §§67.26 through 67.29 of this Chapter unless he determines that the issuance of such registration is inconsistent with the public interest. In determining the public interest, the factors enumerated in Paragraphs (1) through (7) of §67.38(a) of this Chapter shall be considered. (d) No registration shall be issued under this part for a period in excess of one (1) year. Unless the regulations of the Governor otherwise provide, §§67.34(f), 67.40 and 67.44 of this Chapter shall apply to persons registered under this Section to the same extent such sections apply to persons registered under §67.38 of this Code. (e) The Governor is authorized to promulgate rules and regulations and to charge reasonable fees relating to the registration of importers and exporters of controlled substance [sic] under this Section. (f) Persons registered by the Governor under this section to import or export controlled substances may import or export (and, for the purpose of so importing or exporting, may possess) such substances to the extent authorized by their registration and in conformity with the other provisions of Chapter 67 of this Chapter. (g) A separate registration shall be required at each principal place of businesses [sic] where the applicant imports or exports controlled substances. (h) Except in emergency situations as described in §67.89(a)(2)(A) of this Chapter, prior to issuing a registra-tion under this section to a bulk manufacturer of a con-trolled substance listed in Schedule I or II as per §§67.22 through 67.25 of this Chapter and prior to issuing a regulation under §67.89(a) of this Chapter authorizing the importation of such a substance, the Governor shall give manufacturers holding registrations for the bulk manufac-ture of the substance an opportunity for a hearing. §67.96. Manufacture or Distribution for Purposes of Unlawful Importation. It shall be unlawful and punishable, as a felony of first [sic] degree, for any person to manufac-ture or distribute a controlled substance listed in Schedule I or II as per §§67.22 through 67.25 of this Chapter: (1) intending that such substance be unlawfully imported into Guam; or (2) knowing that such substance will be unlawfully imported into Guam. This Section is intended to reach acts of manufacture of [sic] distribution committed outside the territorial jurisdic-tion of Guam. The Superior Court of Guam shall have jurisdiction over persons violating provisions of this Article. §67.98. Application of Federal Law and Cooperative Agreement Between Local and Federal Enforcement Agencies. Unless there is a positive conflict between Chapter 67 of this Title, [sic] the Uniform Controlled Dangerous Substances Act and the Federal Drug Abuse Prevention and Control Act so that the two cannot consis-tently stand together, the U.S. Congress has provided (21 US §901) that there is no intent on the part of Congress to occupy the field in which that provision operates including criminal penalties to the exclusion of any state or territorial law on the same subject matter which would otherwise be within the authority of the state or territory. It is the Legislature's intent that local agencies charged by the Governor with the enforcement of Chapter 67 of this Title, the Uniform Controlled Dangerous Substances Act, shall cooperate to the fullest extent with any federal agency charged with the enforcement of the Federal Act, (21 US Chapter 13.) SOURCE: §§67.88 through 67.98 added by P.L. 14-141, eff. 09/01/78. Ch. 67 - Uniform Controlled Dangerous Substances Act Art. 1 - Definitions & Interpretation - 1994 - p |
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