1   2     3   4   5   6   7   8   9   10   11   12   13   14   15   RULES AND REGULATIONS GOVERNING 16   JOAQUIN (KC) CONCEPCION II 17   COMPASSIONATE CANNABIS USE 18   ACT OF 2013 19   25 Guam Administrative Rules and Regulations 20   Chapter 14[1][2] 21   22   23   24   25   26   27   Rev.    7/15/2015       1   1   2   3   ECONOMIC IMPACT STATEMENT The EIS is still pending completion by DEH. 2     1   “RULES GOVERNING 2   JOAQUIN (KC) CONCEPCION II COMPASSIONATE CANNABIS USE ACT OF 2013 3   Title 25 4   Chapter 14 5   TABLE OF CONTENTS 6   §14001. Short Title. ..................................................................................................................... 6   7   §14002. Authority. ...................................................................................................................... 6   8   §14003. Purpose. ......................................................................................................................... 6   9   §14100. ARTICLE 1. GENERAL. ............................................................................................ 6   10   §14101. Definitions. .................................................................................................................... 6   11   §14102. Fees.............................................................................................................................. 22   12   §14103. Application Submission. ............................................................................................. 24   13   §14104. Changing Information on a Registry Identification Card. ........................................... 27   14   §14105. Requesting a Replacement Registry Identification Card. ........................................... 28   15   §14106. Adding a Debilitating Medical Condition. .................................................................. 28   16   §14107. Time Frames for Administrative Approval. ................................................................ 31   17   18   §14108. Expiration of a Registry Identification Card or a Dispensary Registration Certificate. .................................................................................................................................................... 37   19   §14109. Notifications and Void Registry Identification Cards. ................................................ 38   20   §14200. ARTICLE 2. QUALIFYING PATIENTS AND DESIGNATED CAREGIVERS. .. 40   21   §14201. Debilitating Medical Conditions. ................................................................................ 40   22   23   §14202. Applying for a Registry Identification Card for a Qualifying Patient or a Designated Caregiver. ................................................................................................................................... 40   24   25   §14203. Amending a Qualifying Patient’s or Designated Caregiver’s Registry Identification Card. ........................................................................................................................................... 55   26   27   §14204. Renewing a Qualifying Patient’s or Designated Caregiver’s Registry Identification Card. ........................................................................................................................................... 59   28   29   § 14205. Denial or Revocation of a Qualifying Patient’s or Designated Caregiver’s Registry Identification Card...................................................................................................................... 74   30   31   §14300.   ARTICLE 3. DISPENSARIES, DISPENSARY AGENTS, CULTIVATION SITES, AND CULTIVATION SITE AGENTS. .................................................................................... 76   32   §14301. Dispensary and/or Cultivation Site Responsible Officials. ......................................... 76   33   34   §14302. Dispensary Registration Certificate and/or Cultivation Site Registration Certificate Allocation Process. ..................................................................................................................... 78   3       1   2   §14303. Applying for a Dispensary Registration Certificate and/or Cultivation Site Registration Certificate............................................................................................................... 83   3   §14304. Applying for Approval of a License to Operate a Dispensary or Cultivation Site. .... 93   4   5   §14305. Changes to a Dispensary Registration Certificate and/or Cultivation Site Registration Certificate. .................................................................................................................................. 96   6   7   §14306. Applying to Change a Dispensary’s and/or Cultivation Site’s Location or Change or Add a Dispensary’s Cultivation Site or Cultivation Site............................................................ 96   8   9   §14307. Renewing a Dispensary Registration Certificate and/or Cultivation Site Registration Certificate. .................................................................................................................................. 99   10   §14308. Inspections. ................................................................................................................ 102   11   §14309. Administration. .......................................................................................................... 103   12   13   §14310. Submitting an Application for a Dispensary Agent or Cultivation Agent Registry Identification Card.................................................................................................................... 107   14   15   §14311. Submitting an Application to Renew a Dispensary Agent’s and/or Cultivation Site Agent’s Registry Identification Card. ...................................................................................... 110   16   §14312. Medical Director........................................................................................................ 113   17   §14313. Dispensing Medical Marijuana. ................................................................................ 115   18   §14314. Qualifying Patient Records. ...................................................................................... 116   19   §14315. Inventory Control System for Dispensaries and Cultivation Sites. ........................... 118   20   §14316. Product Labeling and Analysis.................................................................................. 122   21   §14317. Laboratory. ............................................................................................................... 124   22   §14318. Security..................................................................................................................... 127   23   §14319. Edible Food Products. ............................................................................................... 132   24   §14320. Cleaning and Sanitation............................................................................................ 133   25   §14321. Physical Location. ..................................................................................................... 135   26   27   §14322. Denial or Revocation of a Dispensary Registration Certificate and/or Cultivation Site Registration Certificate............................................................................................................. 136   28   29   §14323. Denial or Revocation of a Dispensary Agent’s and/or Cultivation Site Agent’s Registry Identification Card. .................................................................................................... 139   30   §14400. ARTICLE 4. ADMINISTRATIVE REQUIREMENTS .......................................... 140   31   §14401. Record Keeping. ........................................................................................................ 141   32   §14402. Physician Responsibility. .......................................................................................... 143   33   §14403. Ceasing of Operations. .............................................................................................. 144   34   §14404. Violations. ................................................................................................................. 144   35   §14405. Administrative Penalties............................................................................................ 145   36   §14406. Right to Notice, Hearing, and Administrative Process ............................................. 146   Rev.    7/15/2015       4     1   §14407. Confidentiality. .......................................................................................................... 147   2   §14408. Effective Date. ........................................................................................................... 149   3   §14409. Severability................................................................................................................ 149   4   Rev.    7/15/2015       5   1   §14001. Short Title. 2   These rules and regulations may also be cited as the ‘Medical Marijuana Rules and 3   Regulations.’ 4   §14002. Authority. 5   Section 122407, A r t i c l e 2 4, Chapter 12 of Title 10 Guam Code Annotated (GCA), 6   authorizes the Director of the Department of Public Health and Social Services to promulgate 7   rules to govern the implementation of a medical marijuana program, including Registry 8   Identification Cards, define an adequate supply, criteria for medical conditions, petition process, 9   fees, licensure, establishment of dispensaries, and to determine the duties of the Advisory Board 10   in Guam.   11   §14003. Purpose. 12   These rules and regulations are to establish specific standards and procedures for 13   registering medical marijuana patients, designated caregivers, physicians for humans, producers, 14   dispensaries, and to protect the health, safety, and welfare of the residents and patients of Guam, 15   by prescribing the manner in which medical marijuana is regulated. 16   §14100. ARTICLE 1. GENERAL. 17   §14101. Definitions. 18   Wherever in these rules and regulations and following words appear, they shall have the 19   following definition: 20   (a) ‘Acquire’ means to obtain through any type of transaction and from any source. 21   (b) ‘Act’ means the Joaquin (KC) Concepcion II Compassionate Cannabis Use Act of (c) ‘Activities of daily living’ means ambulating, bathing, dressing, grooming, eating, 22   2013. 23   24   toileting, and getting in and out of bed. 6       1   (d) ‘Adequate supply’ means an amount of Cannabis, in any form approved by the 2   Department, possessed by a qualified patient or collectively possessed by a qualified patient and the 3   qualified patient’s primary caregiver that is determined by rule of the Department to be no more than 4   reasonably necessary to ensure the uninterrupted availability of Cannabis for a period of three (3) 5   months and that is derived solely from an intrastate source 6   7   (e) ‘Advisory Board’ means the medical marijuana advisory board consisting of nine members, as follows: 8   (1) Director of the Department of Public Health and Social Services or designee; 9   (2) Chairperson of the Guam Board of Medical Examiners or designee; 10   (3) Director of the Department of Agriculture or designee; 11   (4) Chairperson of the Legislative Committee on Health and Human Services or 12   designee; 13   (5) Member of the public at large; and 14   (6) Four (4) practitioners representing the fields of oncology, neurology, 15   psychiatry, and pain management who shall be: 16   (A) Board-certified in their area of specialty; 17   (B) Knowledgeable about the medical use of Cannabis; and 18   (C) Practitioners representing the fields of neurology, pain management, medical oncology, psychiatry, infectious disease, family medicine, and gynecology. 19   20   (f) ‘Applicant’ means any person applying for enrollment or re-enrollment in the medical 21   marijuana program as a qualified patient, primary caregiver, licensed producer, dispensary, dispensary 22   agent, cultivation site, cultivation site agent, or any person(s) who submits an application to the 23   Department pursuant to these rules and regulations. 24   25   (g) ‘Batch’ means a specific lot of medical marijuana grown from one or more seeds or cuttings that are planted and harvested at the same time. Rev.    7/15/2015       7     1   2   3   (h) ‘Batch number’ means a unique numeric or alphanumeric identifier assigned to a batch by a dispensary when the batch is planted. (i) ‘Calendar day’ means each day, not including the day of the act, event, or default 4   from which a designated period of time begins to run, but including the last day of the period 5   unless it is a Saturday, Sunday, government of Guam furlough day, or legal holiday, in which 6   case the period runs until the end of the next day that is not a Saturday, Sunday, government of 7   Guam furlough day, or legal holiday. 8   (j) ‘Cannabis’ or ‘Marijuana’ means all parts of the plant of the genus Cannabis sp., 9   whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and 10   every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seed, or 11   its resin, including marijuana concentrate. Cannabis sp. does not include the mature stalks of the 12   plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized 13   seed of the plant which is incapable of germination, or the weight of any other ingredient 14   combined with marijuana to prepare topical or oral administrations, food, drink, or other 15   products. 16   (k) ‘Cardholder’ means a qualifying patient, a designated caregiver, dispensary, 17   dispensary agent, cultivation site, or cultivation site agent who has been issued and possesses a 18   valid Registry Identification Card. 19   (l) ‘CHAA’ means a Community Health Analysis Area, a geographic area based on 20   population, established by the Department for use by public health programs. The CHAA will 21   be divided as follows: 22   (1) The Northern CHAA will consist of the villages of Yigo and Dededo; 23   (2) The Central CHAA will consist of the villages of Tamuning, Barrigada, 24   Mangilao, Hagatna, Agana Heights, Chalan Pago - Ordot , Mongmong-Toto-Maite, and 25   Sinajana; and Rev.    7/15/2015       8     (3) 1   The Southern CHAA will consist of the villages of Asan, Piti, Yona, Santa 2   Rita, Agat, Talofofo, Umatac, Inarajan, and Merizo. 3   (m) ‘Change’ or ‘Amend” means adding or deleting information on an individual’s 4   Registry Identification Card that does not affect the individual’s ability to perform or delegate a 5   specific act or function. 6   (n) ‘Complete’ means, in reference to an application, that the application contains all 7   of the required information, as determined by the Director, necessary for processing the 8   application. 9   (o) ‘Compliance plan’ means a plan which includes a description of how a dispensary 10   and/or cultivation site proposes to comply with all applicable requirements of these rules and 11   regulations, and includes a schedule of compliance and a schedule under which the dispensary 12   and/or cultivation site will submit progress reports to the Department, as determined by the 13   Director. 14   (p) ‘Cultivation site’ means a business that: 15   (1) Is approved and registered with the Department; and 16   (2) Acquires, possesses, cultivates, delivers, transfers, transports, supplies or 17   sells marijuana and related supplies to: 18   (A) Medical marijuana dispensaries; 19   (B) Facilities approved by the Department for the production of edible marijuana products or marijuana-infused products; or 20   (C) 21   or prepared for sale by and for a dispensary. 22   23   Other cultivation sites where marijuana may be cultivated, infused, (q) ‘Cultivation site agent’ means a responsible official, employee, or volunteer of a 24   cultivation site who is at least 21 years of age and who has not been convicted of an excluded 25   felony offense. Rev.    7/15/2015       9     1   (r) ‘Current photograph’ means an image of an individual, taken no more than 60 2   calendar days before the submission of the individual’s application, in a Department approved 3   electronic format capable of producing an image that: (1) 4   5   Has a resolution of at least 600 x 600 pixels but not more than 1200 x 1200 pixels; 6   (2) Is 2 inches by 2 inches in size; 7   (3) Is in natural color; 8   (4) Is a front view of the individual’s full face, without a hat or headgear that 9   obscures the hair or hairline, or sunglasses, or any other apparatus worn on the face or 10   head that would make identification of the individual difficult as determined by the 11   Department; 12   (5) Has a plain white or off-white background; and 13   (6) Has between 1 and 1 3/8 inches from the bottom of the chin to the top of 14   the head. 15   (s) ‘DEA’ means the U.S. Drug Enforcement Administration. 16   (t) ‘Debilitating medical condition’ means one or more of the following: 17   (1) Cancer; 18   (2) Glaucoma; 19   (3) Multiple sclerosis; 20   (4) Damage to the nervous tissue of the spinal cord, with objective 21   neurological indication of intractable spasticity; 22   (5) Epilepsy; 23   (6) Positive status for human immunodeficiency virus or acquired immune 24   25   deficiency syndrome; (7) Rev.    7/15/2015     Admitted into hospice care;   10     1   (8) Post-traumatic stress disorder; 2   (9) Rheumatoid arthritis or similar chronic autoimmune inflammatory 3   disorders; (10) 4   Any other medical condition, medical treatment or disease as approved by 5   the Department. 6   (u) ‘Denial’ means the Department’s final decision not to issue a Registry 7   Identification Card, a Dispensary Registration Certificate, a Cultivation Site Registration 8   Certificate, or an approval of a change of dispensary, a dispensary’s cultivation site, or a 9   cultivation site’s location, to an applicant because the applicant or the application does not 10   comply with the applicable requirements in these rules and regulations. 11   (v) ‘Department’ means the Department of Public Health and Social Services. 12   (w) ‘Designated caregiver’ means the same as “primary caregiver” and is a person 13   who: 14   (1) Is at least eighteen (18) years of age; 15   (2) Has significant responsibility for managing the well-being of a person 16   diagnosed with a debilitating medical condition; 17   (3) Has agreed to assist with a patient’s medical use of marijuana; 18   (4) Has not been convicted of an excluded felony offense; 19   (5) Assists no more than five qualifying patients with the medical use of 20   marijuana; and (6) 21   22   23   (x) Is a resident of Guam. ‘Director' means the Director of Department of Public Health and Social Services, or his/her authorized designee. Rev.    7/15/2015       11     1   (y) ‘Dispensary’ means an entity that acquires, possesses, cultivates, manufactures, 2   delivers, transfers, transports, supplies, sells, or dispenses marijuana or related supplies and 3   educational materials to cardholders. 4   (z) ‘Dispensary agent’ means a responsible official, employee, or volunteer of a 5   dispensary who is at least 21 years of age and has not been convicted of an excluded felony 6   offense. 7   8   9   (aa) ‘Edible food product’ means a substance, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption. (bb) ‘Emergency’ means any situation arising from sudden and reasonably 10   unforeseeable events beyond the control of the owner or operator of a dispensary, including force 11   majuere, which situation requires immediate corrective action to restore normal operation, and 12   that causes a dispensary to violate these rules and regulations. An emergency shall not include 13   noncompliance to the extent caused by malfunction of equipment, lack of preventive 14   maintenance, careless or improper operation, or human error. 15   (cc) Employee’ means any person, including the owner, operator, manager or other 16   person performing any function or services in a medical marijuana facility, whether for 17   compensation or otherwise. 18   (dd) ‘Enclosed area’ when used in conjunction with “enclosed locked facility” means 19   outdoor space surrounded by solid, 10-foot walls, constructed of metal, concrete, or stone, 20   surrounded by concertina wire that prevents any viewing of the marijuana plants, and a solid 1- 21   inch thick metal gate. 22   (ee) ‘Enclosed locked facility’ means a closet, room, greenhouse, building, or other 23   fully enclosed area where all the space between a floor and ceiling is completely enclosed on all 24   sides by solid walls or windows exclusive of doors and passage ways, equipped with locks or 25   other security devices that permit access only by authorized cardholder(s). Rev.    7/15/2015       12     1   (ff) ‘Entity’ means a “person” which includes a corporation, company, partnership, 2   firm, association, or society, as well as a natural person. When the word "person" is used to 3   designate the party whose property may be the subject of a criminal or public offense, the term 4   includes the United States, Guam, or any territory, state or country, or any political subdivision 5   of Guam that may lawfully own any property, or a public or private corporation, or partnership 6   or association. When the word "person" is used to designate the violator or offender of any law, 7   it includes corporation, partnership, or any association of persons. 8   (gg) (1) 9   10   ‘Excluded felony offense’ means: A violent crime that was classified as a felony in the jurisdiction where the person was convicted; (2) 11   A violation of a state or federal controlled substance law that was 12   classified as a felony in the jurisdiction where the person was convicted, but does not 13   include: (A) 14   An offense for which the sentence, including any term of 15   probation, incarceration or supervised release, was completed 10 or more years 16   earlier; (B) 17   An offense involving conduct that would be immune from arrest, 18   prosecution or penalty under the Act except that the conduct occurred before the 19   effective date of these rules and regulations or was prosecuted by an authority 20   other than Guam. 21   (hh) ‘Facility’ means a medical marijuana facility. 22   (ii) ‘Federally enforceable’ means all laws and regulations which are enforceable by 23   24   the U.S. Federal Government. (jj) Rev.    7/15/2015     ‘FDA’ means the U.S. Food and Drug Administration.   13     1   (kk) ‘Finished product’ means a product infused with marijuana that is intended for 2   use, ingestion, or consumption other than by smoking, including but not limited to edible 3   products, ointments, concentrates and tinctures. 4   marijuana flowers. 5   (ll) A finished product does not mean dried ‘Generally accepted accounting principles’ means the set of financial reporting 6   standards pursuant to Title 11 GCA and applicable chapters, or another specialized body dealing 7   with accounting and auditing matters. 8   9   10   (mm) ‘Hospice care’ means palliative care for the terminally and seriously ill provided in a hospital, nursing home, or private residence. (nn) ‘Laboratory’ means a registered facility equipped and approved by the Department, 11   general requirements for the competence of testing and calibration laboratories, and relevant medical 12   marijuana testing standard protocols to test the composition and purity, detect potency and 13   contaminant levels in medical marijuana. 14   (oo) ‘Laboratory testing’ means the testing standard protocols to ensure quality assurance 15   and testing for contaminants, such as pests, mold, mildew, heavy metals, solvents, and pesticides. 16   Laboratory testing also directly quantifies the total cannabinoid and terpene content of the medical 17   marijuana. 18   19   20   21   (pp) ‘Legal guardian’ means an adult who is responsible for a minor: (1) Through acceptance of guardianship of the minor through a testamentary appointment or an appointment by a court, or (2) As a “custodian” defined as a person, other than a parent or legal guardian, 22   who stands in loco parentis to the child or a person to whom legal custody of the child 23   has been given by order of the juvenile court. Rev.    7/15/2015       14     (qq) 1   ‘Licensed producer’ means any person or association of persons within Guam that the 2   Department determines to be qualified to produce, possess, distribute and dispense Cannabis pursuant 3   to the Act, and who is licensed by the Department. (rr) 4   5   lens(es). 6   7   8   9   10   ‘Macroscopic screening’ means visual observation without the aid of magnifying (ss) ‘Microscopic screening’ means visual observation with a minimum magnification of (tt) ‘Medibles’ means food or drink products for human consumption prepared or infused 40x. with Cannabis as a medical alternative to smoking. (uu) ‘Medical record’ or ‘Adequate medical records’ means legible medical records, 11   produced by hand or electronically, containing, at a minimum, sufficient information to identify 12   the patient, support the diagnosis, justify the treatment, accurately document the results, indicate 13   advice and cautionary warnings provided to the patient, informed consent discussions with the 14   patient, and provide sufficient information for another licensed health care practitioner to assume 15   continuity of the patient's care at any point in the course of treatment, and to continue or modify 16   the treatment plan. 17   (vv) ‘Medical use’ means the acquisition, cultivation, possession, processing, (including 18   development of related products such as food, tinctures, aerosols, oils, or ointments), transfer, 19   transportation, sale, distribution, dispensing, or administration of Cannabis, as well as the possession 20   of Cannabis paraphernalia, for the benefit of qualifying patients in the treatment of debilitating 21   medical conditions, or the symptoms thereof. 22   23   (ww) ‘Ordering’ means the act of ordering medical marijuana which is dispensed to or for a qualified patient or authorized qualified patient’s designated caregiver. 24   (xx) 25   dispensary. Rev.    7/15/2015     ‘Owner’ means a person who owns, operates, controls, or supervises a   15     1   2   3   (yy) ‘Pesticide’ means any substance or mixture of substances, intended to prevent, destroy, repel, or mitigate a pest. (zz) ‘Premises’ means a location approved and registered by the Department under these 4   rules and regulations and includes all areas of the business at the registered location, including offices, 5   kitchens, restrooms and storage rooms; also including all public and private areas where individuals 6   are permitted to be present. 7   (aaa) ‘Person’ means any individual, partnership, firm, association, municipality, 8   public or private corporation, subdivision, or agency of Guam, trusts, or instrumentality of the 9   United States and any officer, agent, or employee of such entities; and it shall not be a non- 10   11   12   13   14   15   human animal of such entities. (bbb) ‘Pesticide’ means any substance or mixture of substances, intended to prevent, destroy, repel, or mitigate a pest. (ccc) ‘Practitioner’ or ‘physician’ means a person licensed in Guam to prescribe and administer drugs that are subject to the Guam Uniform Controlled Substances Act. (ddd) ‘Primary caregiver’ means a resident of Guam who is at least eighteen (18) 16   years of age, and who has been designated by the qualified patient as being necessary to assist 17   the patient in the medical use of Cannabis in accordance with the provisions of the Act, and who 18   so agrees to assist the patient. Primary caregivers are prohibited from consuming Cannabis 19   obtained for the personal, medical use of the qualified patient. 20   (eee) ‘Public place’ means any location, facility, or venue that the public is invited or 21   in which the public is permitted, but is not intended for the regular exclusive use of an individual 22   or a specific group of individuals. 23   (1) ‘Public place’ includes, but is not limited to, the following: 24   (A) Airports; 25   (B) Banks; Rev.    7/15/2015       16     1   (C) Bars; 2   (D) Child care facilities; 3   (E) Child care group homes during hours of operation; 4   (F) Common areas of apartment buildings, condominiums, or other 5   multifamily housing facilities; 6   (G) Educational facilities; 7   (H) Entertainment facilities ; 8   (I) Government of Guam offices, buildings, and properties; 9   (J) Health care institutions; except as provided in subsection (yy)(2); 10   (K) Hotel and motel common areas; 11   (L) Laundromats; 12   (M) Libraries; 13   (N) Office buildings; 14   (O) Parking lots; 15   (P) Parks; 16   (Q) Public transportation facilities; 17   (R) Reception areas; 18   (S) Restaurants; 19   (T) Retail food productions or marketing establishments; 20   (U) Retail food establishments; 21   (V) Retail stores; 22   (W) Schools; 23   (X) Shopping malls; 24   (Y) Sidewalks; 25   (Z) Sports facilities; Rev.    7/15/2015       17     1   (AA) Theaters; and 2   (BB) 3   (2) ‘Public place’ does not include the following: (A) 4   Waiting rooms. Nursing care institutions as defined as a health care institution that 5   provides inpatient beds or resident beds and nursing services to persons who need 6   continuous nursing services but who do not require hospital care or direct daily 7   care from a physician; (B) 8   9   hospice services in an inpatient facility; (C) 10   11   Assisted living centers as defined as an assisted living facility that provides resident rooms or residential units to eleven or more residents; (D) 12   13   Hospices as defined as a hospice service agency or the provision of Assisted living homes as defined as an assisted living facility that provides resident rooms to ten or fewer residents; (E) 14   Adult day health care facilities as defined means a facility that 15   provides adult day health services during a portion of a continuous twenty-four 16   hour period for compensation on a regular basis for five or more adults who are 17   not related to the proprietor; (F) 18   Adult foster care homes as defined as a residential setting that 19   provides room and board and adult foster care services for at least one and no 20   more than four adults in which the sponsor or the manager resides with the 21   residents and integrates the residents who are receiving adult foster care into that 22   person's family; or 23   (G) Rev.    7/15/2015     Private residences.   18     1   (fff) ‘Qualified patient’ means a resident of Guam who has been diagnosed by a 2   practitioner as having a debilitating medical condition, and has received written certification and a 3   Registry Identification Card issued pursuant to the Act and these rules and regulations. 4   (ggg) ‘Random sample’ means an amount of usable marijuana taken from a batch in which 5   different fractions of the usable marijuana have an equal probability of being represented. ‘Registry 6   Identification Card’ means the official card issued by the Department to a qualifying patient, 7   designated caregiver, dispensary, dispensary agent, cultivation site, or cultivation site agent. 8   (hhh) ‘Registry identification number’ means the random alphanumeric identifier generated 9   by the Department, containing as least four numbers and four letters, issued by the Department to a 10   qualifying patient, designated caregiver, dispensary, dispensary agent, cultivation site, or cultivation 11   site agent. 12   (iii) ‘Resident of Guam’ means a person who resides on Guam for a period of time 13   sufficient to be thoroughly examined by a physician in Guam in determining a person’s eligibility as a 14   qualified patient subject to the Act and these rules and regulations 15   16   (jjj) ‘Responsible official’ means: (1) For a corporation: A president, secretary, treasurer, or vice-president of the 17   corporation in charge of a principal business function, or any other person who performs 18   similar policy or decision-making functions for the corporation, or an authorized 19   representative of such person if the representative is responsible for the overall operation of 20   one (1) or more cultivation, manufacturing, production, distribution, dispensing or operating 21   dispensary applying for or subject to registration; 22   23   24   25   (2) For a partnership or sole proprietorship: A general partner or the proprietor, respectively; (3) For a municipality, state, federal, or other public agency: A principal executive officer, ranking elected official, or an authorized representative as approved by the Rev.    7/15/2015       19     1   Director. For the purposes of these rules and regulations, a principal executive officer of a 2   federal agency includes the chief executive officer, commanding officer, or equivalent rank or 3   position, and has responsibility for the overall operations of a principal unit of the agency; or (4) 4   For a medical marijuana dispensary or cultivation site: An individual who 5   owns, operates, otherwise has legal responsibility for a facility and who meets the 6   qualifications established in these rules and regulations and has been approved by the 7   Department. (5) 8   9   10   A Responsible Official is accountable for any intentional or unintentional action of its owners, officers, managers, employees or agents, with or without the knowledge of the Responsible Official, who violate the Act or these rules and regulations. (6) 11   A Responsible Official may not have been convicted in any state for the 12   manufacture or delivery of a controlled substance in Schedule I or Schedule II within five 13   years from the date of application.. 14   (kkk) ‘Revocation’ means the Department’s final decision that an individual’s Registry 15   Identification Card, a Dispensary Registration Certificate, or a Cultivation Site Registration Certificate 16   is revoked because the individual, the dispensary, or the cultivation site does not comply with the 17   applicable requirements or violates any condition in the Act or these rules and regulations. 18   19   20   (lll) ‘Safe’ means: (1) marijuana at a registered facility that: (A) 21   22   Is rendered immobile by being securely anchored to a permanent structure of the building; or (B) 23   24   A metal receptacle with a locking mechanism capable of storing all usable (2) Rev.    7/15/2015     Weighs more than seven hundred fifty (750) pounds. A vault; or   20     (3) 1   2   A refrigerator or freezer capable of being locked for storing medibles or other finished products that require cold storage that: (A) 3   Is rendered immobile by being securely anchored to a permanent structure of the building; or 4   (B) 5   Weighs more than seven hundred fifty (750) pounds. 6   (mmm) ‘School’ means any public institution or private school established for the purposes 7   of offering instruction to pupils in programs for preschool children with disabilities, pre- 8   kindergarten, kindergarten programs or any combination of elementary grades or secondary 9   grades one through twelve and any college or university or educational institution of higher 10   learning. 11   (nnn) ‘State’ means the fifty (50) states of the United States (U.S.) of America, the 12   District of Columbia, and four (4) U.S. Territories including Guam, American Samoa, Puerto 13   Rico and the U.S. Virgin Islands. 14   (ooo) ‘Vault’ means an enclosed area that is constructed of steel-enforced or block concrete 15   and has a door that contains a multiple-position combination lock or the equivalent, a relocking device 16   or equivalent, and a steel plate with a thickness of at least one-half inch. 17   (ppp) ‘Verification system’ means a secure system established and maintained by the 18   Department that is available to law enforcement personnel and dispensary agents for verification of 19   Registry Identification Cards. 20   21   (qqq) ‘Violent crime’ means any criminal act which involves force or threat of force; that includes murder and non-negligent manslaughter, forcible rape, robbery, and aggravated assault.   22   (rrr) 23   without pay.   24   (sss) 25   ‘Volunteer’ means a person who performs a service or undertaking willingly and ‘Weights and Measures’ means all weights and measures of every kind, instruments, and devices for weighing and measuring, and any appliance and accessories associated with any or all Rev.    7/15/2015       21     1   such instruments and devices, to include any weighing, measuring, metering, or counting device 2   that is used to determine the direct cost of things sold or offered or exposed for sale, or used to 3   establish a fee for service if the cost is based on weight, measure or count, except that it does not 4   include those devices used for in-house packaging, inventory control, or law enforcement 5   purposes. 6   7   (ttt) ‘Working day’ means a Monday, Tuesday, Wednesday, Thursday, or Friday that is not a government of Guam holiday or government of Guam furlough. 8   (uuu) ‘Written certification’ means a statement in a patient’s medical records or a statement 9   signed by a patient’s practitioner that, in the practitioner’s professional opinion, the patient has a 10   debilitating medical condition and the practitioner believes that the potential health benefits of the 11   medical use of Cannabis would likely outweigh the health risks for the patient. A written certification 12   is not valid for more than one (1) year from the date of issuance. 13   §14102. Fees. 14   The following fees shall be applicable for the purposes of these rules and regulations: 15   (a) 16   nonrefundable fees: 17   An applicant submitting an application to the Department shall submit the following (1) 18   19   Dispensary Registration Certificate. (A) New Registration, except as provided in §14302(d): Thirty-Five Thousand Dollars ($35,000); 20   (B) Renewal: Thirty-Five Thousand Dollars ($35,000); 21   (C) Change of Location: Thirty-Five Thousand Dollars ($35,000); 22   (D) Amendment: One Thousand Dollars ($1,000); and 23   (E) Duplicate: Ten Dollars ($10); 24   (2) 25   Cultivation Site Registration Certificate. (A) Rev.    7/15/2015     New Registration: Thirty-Five Thousand Dollars ($35,000);   22     1   (B) Renewal: Thirty-Five Thousand Dollars ($35,000); 2   (C) Change of Location: Thirty-Five Thousand Dollars ($35,000); 3   (D) Amendment: One Thousand Dollars ($1,000); and 4   (E) Duplicate: Ten Dollars ($10); 5   (3) License to Operate a Dispensary or Cultivation Site. 6   (A) New: One Thousand Dollars ($1,000); 7   (B) Renewal: One Thousand Dollars ($1,000); 8   (C) Change of Location: One Thousand Dollars ($1,000); 9   (D) Amendment: Five Hundred Dollars ($500); and 10   (E) Duplicate: Ten Dollars ($10); 11   (4) Registry Identification Card. (A) 12   13   New Registry Identification Card. (i) Qualifying patient, except as provided in subsection (b): One Hundred-Fifty Dollars ($150); 14   15   (ii) Designated caregiver: Two Hundred Dollars ($200); 16   (iii) Dispensary: Five Hundred Dollars ($500); 17   (iv) Dispensary agent: Five Hundred Dollars ($500); 18   (v) Cultivation site: Five Hundred Dollars ($500); and 19   (vi) Cultivation site agent: Five Hundred Dollars ($500); 20   (B) 21   Renewal Registry Identification Card. (i) 22   Qualifying patient, except as provided in subsection (B): One Hundred-Fifty Dollars ($150); 23   (ii) Designated caregiver: Two Hundred Dollars ($200); 24   (iii) Dispensary: Five Hundred Dollars ($500); Rev.    7/15/2015       23     1   (iv) Dispensary agent: Five Hundred Dollars ($500); 2   (v) Cultivation site: Five Hundred Dollars ($500); and 3   (vi) Cultivation site agent: Five Hundred Dollars ($500); 4   5   Amendment of Registry Identification Card: Ten Dollars ($10.00); (D) Duplicate: Ten Dollars ($10.00). and 6   7   (C) (b) A qualifying patient may pay a reduced fee of Seventy Five Dollars ($75.00) if the 8   qualifying patient submits, with the qualifying patient’s application for a new Registry Identification 9   Card or the qualifying patient’s application to renew the qualifying patient’s Registry Identification 10   Card, a copy of an eligibility notice or electronic benefits transfer card demonstrating current 11   participation in the U.S. Department of Agriculture, Food and Nutrition Services, Supplemental 12   Nutrition Assistance Program.   13   (c) An applicant who fails to submit their application by the established due dates as 14   determined by these rules and regulations shall pay a late processing fee of One Thousand Dollars 15   ($1,000.00). Payment of the late processing fee shall not apply to qualified patients and their 16   designated caregivers.   17   §14103. Application Submission. 18   (a) An applicant submitting an application for a new and renewal Registry Identification 19   Card, Dispensary Registration Certificate and/or a Cultivation Site Registration Certificate, or to 20   amend, change, or replace a Registry Identification Card for a qualifying patient, designated caregiver, 21   dispensary, dispensary agent, cultivation site, or a cultivation site agent, or replace a Dispensary 22   Registration Certificate and/or a Cultivation Site Registration Certificate, shall submit a complete and 23   accurate application in a Department provided format. Rev.    7/15/2015       24     1   (b) A residence address or mailing address submitted for a qualifying patient or 2   designated caregiver as part of an application for a Registry Identification Card shall be located in 3   Guam. 4   (c) A mailing address submitted for a responsible official as part of a Dispensary 5   Registration Certificate and/or a Cultivation Site Registration Certificate application or as part of an 6   application for a dispensary agent and/or cultivation site agent Registration Identification Card shall be 7   located in Guam. 8   9   (d) The Department shall process an application prior to issuing a Registration Identification Card to assure that the application is complete and information provided been verified. 10   (1) If an applicant does not provide all the information required and the 11   application is considered incomplete, the Department shall notify the applicant of the 12   information that is missing, and shall allow the applicant 14 days to submit the missing 13   information. 14   (2) If an applicant does not provide the information necessary to declare an 15   application complete, or to complete the verification process within the timelines established 16   in these rules and regulations, the application shall be rejected as incomplete. An applicant 17   whose application is rejected as incomplete may reapply at any time. If an applicant submits 18   an application fee and the application is subsequently denied or rejected, the application fee 19   shall not be applied toward a new application submitted after an application denial or 20   rejection. 21   (e) The Department may reject an application if the application or supporting documents 22   appear to be altered (for example, writing is whited out). An application shall be denied if an 23   application or supporting documents are determined by the Director to have been falsified. 24   25   (f) The Department may verify information on each application and accompanying documentation, including: Rev.    7/15/2015       25     1   (1) Contacting each applicant by telephone, e-mail, facsimile or by mail. If proof 2   of identity is uncertain, the Department may require a face-to-face meeting and may require 3   the production of additional identification materials to verify applicant identity; 4   (2) Contacting a minor's parent or legal guardian; 5   (3) Contacting the Department’s Health Professional Licensing Office to verify 6   that an attending physician is licensed to practice in Guam and is in good standing; 7   (4) Contacting the attending physician to request further documentation to support 8   a finding that the physician is the applicant's attending physician. The Department shall notify 9   the applicant of the intent to review the medical records and request the applicant's 10   authorization to conduct the review. Failure to authorize a review of medical records may 11   result in the application being declared incomplete, or denial of an application. 12   (g) Once the Department has determined that an application is complete it will review an 13   application to the extent necessary to determine compliance with the Act and these rules and 14   regulations. 15   (h) The Department may, in its discretion, prior to acting on an application: 16   (1) Contact the applicant and request additional documentation or information; 17   (2) Inspect the premises of the proposed facility; and 18   (3) Verify any information submitted by the applicant. 19   (i) 20   Department must: 21   (1) Prior to making a decision whether to approve, deny or revoke an application the Ensure that the criminal background check process has been completed and 22   review the results. If an applicant wishes to challenge the accuracy or completeness of 23   information provided in the background check by those agencies reporting the information, Rev.    7/15/2015       26     1   those challenges must be made through the reporting agency and not through the contested 2   case process specified by these rules and regulations; 3   (2) Review documentation submitted by the applicant to determine, based on the 4   information provided by the applicant, whether the proposed Dispensary or Cultivation Site is 5   located within 1,000 feet of the real property comprising a school; 6   (3) 7   Review the list of registered facilities to determine whether any registered facilities are within 1,000 feet of the proposed Dispensary or Cultivation Site; and 8   (4) 9   Verify that the business that operates the Dispensary or Cultivation Site is registered and licensed with the Department of Revenue and Taxation. §14104. 10   Changing Information on a Registry Identification Card.     Except as 11   provided in §14203(b), to make an amendment to a cardholder’s name or address on the 12   cardholder’s Registry Identification Card, the cardholder shall submit to the Department, within 13   10 working days after the change, a request for the change that includes: (a) 14   15   The cardholder’s name and the registry identification number on the cardholder’s current Registry Identification Card; 16   (b) The cardholder’s new name or address, as applicable; 17   (c) For a change in the cardholder’s name, one of the following with the cardholder’s new 18   name: 19   (1) A valid Guam driver’s license; or 20   (2) A Guam identification card as approved by the Director; or 21   (3) The photograph page in the cardholder’s U.S. passport. 22   (d) For a change in address, the village where the new address is located; 23   (e) The effective date of the cardholder’s new name or address; and 24   (f) The applicable fee in §14102 for amending a Registry Identification Card.   Rev.    7/15/2015       27     1   §14105. Requesting a Replacement Registry Identification Card. 2   To request a replacement card for a cardholder’s Registry Identification Card that has 3   been lost, stolen, or destroyed, the cardholder shall submit to the Department, within 10 working 4   days after the cardholder’s Registry Identification Card was lost, stolen, or destroyed, a request 5   for a replacement card that includes: 6   (1) The cardholder’s name and date of birth; 7   (2) If known, the registry identification number on the cardholder’s lost, stolen, or 8   destroyed Registry Identification Card; 9   (3) If the cardholder cannot provide the registry identification number on the cardholder’s 10   lost, stolen, or destroyed Registry Identification Card, a copy of one of the following documents that 11   the cardholder submitted when the cardholder obtained the Registry Identification Card: 12   (1) A valid Guam driver’s license; or 13   (2) A valid Guam identification card as approved by the Director; or 14   (3) Guam Registry Identification Card; or 15   (4) Photograph page in the cardholder’s U.S. passport; and 16   17   (4) The applicable fee in §14102 for requesting a replacement Registry Identification Card. 18   §14106. Adding a Debilitating Medical Condition. 19   (a) An entity may request the addition of a medical condition to the list of debilitating 20   medical conditions in §14101(t) by submitting to the Department, at the time specified in subsection 21   (c), the following in writing: 22   (1) The entity’s name; 23   (2) The entity’s mailing address, name of contact individual, telephone number, 24   and, if applicable, e-mail address; Rev.    7/15/2015       28     1   (3) The name of the medical condition the entity is requesting be added; 2   (4) A description of the symptoms and other physiological effects experienced by 3   an individual suffering from the medical condition or a treatment of the medical condition that 4   may impair the ability of the individual to accomplish activities of daily living; 5   6   (5) palliative benefit for the medical condition or a treatment of the medical condition; 7   8   The availability of conventional medical treatments to provide therapeutic or (6) A summary of the evidence that the use of marijuana will provide therapeutic or palliative benefit for the medical condition or a treatment of the medical condition; and 9   (7) Articles, published in peer-reviewed scientific journals, reporting the results of 10   research on the effects of marijuana on the medical condition or a treatment of the medical 11   condition supporting why the medical condition should be added. 12   (b) 13   The Department shall: (1) Acknowledge in writing the Department’s receipt of a request for the addition 14   of a medical condition to the list of debilitating medical conditions listed in §14101(t) within 15   30 calendar days after receiving the request; 16   17   (2) Board for their review to determine if the requester has provided evidence that: 18   19   Transmit the request and the required supporting documents to the Advisory (A) The specified medical condition or treatment of the medical condition impairs the ability of the individual to accomplish activities of daily living, and 20   (B) Marijuana usage provides a therapeutic or palliative benefit to an 21   individual suffering from the medical condition or treatment of the medical condition; 22   (3) Within 90 calendar days after receiving the official decision of the Advisory 23   Board, notify the requester that the Department has determined that the information provided 24   by the requester: Rev.    7/15/2015       29     1   2   (A) Meets the requirements in subsection (b)(2) and the date the Department will conduct a public hearing to discuss the request; or 3   (B) Does not meet the requirements in subsection (b)(2), the specific 4   reason for the determination, and the process for requesting a hearing of the 5   Department’s determination pursuant to Title 5 GCA, Chapter 9, Administrative 6   Adjudication Law. 7   (C) Any entity may seek review of any administrative decision resulting 8   from a hearing before the Superior Court of Guam. Such review shall be upon the 9   record established before the Director and not de novo. The Superior Court may 10   sustain, modify, or vacate any administrative decision it reviews. 11   (4) (A) 12   13   If applicable: Public hearing dates shall be held bi-annually in June and December of each calendar year; 14   (B) Schedule a public hearing to discuss the request; 15   (C) Provide public notice of the public hearing by submitting a Notice of 16   Public Hearing for publication in a newspaper of general circulation in Guam at least 17   10 calendar days before the date of the public hearing; 18   19   (D) Post a copy of the request on the Department’s web site for public comment at least 10 calendar days before the date of the public hearing; 20   (E) Hold the public hearing in accordance to subsection (b)(4)(A) after 21   receiving the request; and 22   (5) 23   24   Within 180 calendar days after receiving the request: (A) Add the medical condition to the list of debilitating medical conditions, or Rev.    7/15/2015       30     1   (B) 2   Provide written notice to the requester of the Department’s decision to deny the request that includes: 3   (i) The specific reasons for the Department’s decision; and 4   (ii) The process for requesting a hearing of the Department’s 5   decision pursuant to Title 5 GCA Chapter 9, Administrative Adjudication 6   Law. 7   (iii) Any entity may seek review of any administrative decision 8   resulting from a hearing before the Superior Court of Guam. Such review 9   shall be upon the record established before the Director and not de novo. The 10   Superior Court may sustain, modify, or vacate any administrative decision it 11   reviews. 12   (c) The Department shall accept requests for the addition of a medical condition to the list 13   of debilitating medical conditions in §14101(t) in January and July of each calendar year starting in 14   January 2016. 15   §14107. Time Frames for Administrative Approval. 16   (a) 17   18   19   Within the administrative completeness review time frame for each type of approval in Table 1. (Appendix A), the Department shall: (1) Issue a Registry Identification Card, Dispensary Registration Certificate, or Cultivation Site Registration Certificate; 20   (2) Issue a License to Operate a Dispensary or Cultivation Site; 21   (3) Provide a notice of administrative completeness to an applicant; or 22   (4) Provide a notice of deficiencies to an applicant, including a list of the 23   information or documents needed to complete the application. Rev.    7/15/2015       31     1   (b) An application for a License to Operate a Dispensary or a Cultivation Site is not 2   complete until the date the applicant states on a written notice provided to the Department that the 3   dispensary or cultivation site is ready for an inspection by the Department. 4   (c) 5   If the Department provides a notice of deficiencies to an applicant: (1) The administrative completeness review time frame and the overall time frame 6   are suspended from the date of the notice of deficiencies until the date the Department 7   receives the missing information or documents from the applicant; 8   9   10   (2) If the applicant does not submit the missing information or documents to the Department within the time frame in Table 1 (Appendix A), the Department shall consider the application withdrawn; and 11   (3) If the applicant submits the missing information or documents to the 12   Department within the time frame in Table 1 (Appendix A), the applicable review time frame 13   begins on the date the Department receives the missing information or documents. 14   (d) 15   16   17   Within the applicable review time frame for each type of approval in Table 1 (Appendix A), the Department: (1) Shall issue or deny a Registry Identification Card, Dispensary Registration Certificate, or Cultivation Site Registration Certificate; 18   (2) Shall issue or deny a License to Operate a Dispensary or Cultivation Site; 19   (3) May complete an inspection that may require more than one visit to a 20   21   dispensary or cultivation site, and, if applicable, the dispensary’s cultivation site; and (4) May make one written comprehensive request for more information, unless 22   the Department and the applicant agree in writing to allow the Department to submit 23   supplemental requests for information. Rev.    7/15/2015       32     1   2   (e) If the Department issues a written comprehensive request or a supplemental request for information: 3   (1) The applicable review time frame and the overall time frame are suspended 4   from the date of the written comprehensive request or the supplemental request for 5   information until the date the Department receives all of the information requested; and 6   (2) The applicant shall submit to the Department all of the information and 7   documents listed in the written comprehensive request or supplemental request for 8   information within 10 working days after the date of the comprehensive written request or 9   supplemental request for information. 10   (f) If an applicant for an initial Dispensary Registration Certificate or Cultivation Site 11   Registration Certificate is allocated a registration certificate as provided in §14302, the Department 12   shall provide a written notice to the applicant of the allocation of the registration certificate that 13   contains the respective registry identification number. 14   (1) After the applicant receives the written notice of the allocation, the applicant 15   shall submit to the Department for each responsible official for whom fingerprints were 16   submitted: 17   (A) An application for a dispensary agent or cultivation site agent Registry 18   Identification Card that includes: 19   (i) 20   The responsible official’s first name; middle initial, if applicable; last name; and suffix, if applicable; 21   (ii) 22   The responsible official’s residence address and mailing address; 23   (iii) The village where the responsible official resides; 24   (iv) The responsible official’s date of birth; Rev.    7/15/2015       33     1   (v) 2   The identifying number on the applicable card or document in subsection (f)(1)(B)(i) through (v); 3   (vi) 4   or cultivation site; 5   (vii) 6   The name and registry identification number of the dispensary One of the following: (aa) 7   A statement that the responsible official does not currently hold a valid Registry Identification Card, or 8   (bb) The assigned registry identification number for each valid Registry Identification Card currently held by the responsible 9   10   official; 11   (viii) A statement signed by the responsible official pledging not to 12   divert marijuana to any individual who or entity that is not allowed to possess 13   marijuana pursuant to the Act; 14   (ix) 15   An attestation that the information provided in and with the application is true and correct; and 16   (x) The signature of the responsible official and the date the 17   responsible official signed; 18   (B) A copy of the responsible official’s: 19   (i) A valid Guam driver’s license; or 20   (ii) A valid Guam identification card as approved by the Director; 22   (iii) Guam Registry Identification Card; 23   (iv) Photograph page in the responsible official’s U.S. passport; or 24   (v) One of the following for the responsible official: 21   or Rev.    7/15/2015       34     1   (aa) Birth certificate verifying U.S. citizenship, 2   (bb) U.S. Certificate of Naturalization, or 3   (cc) U.S. Certificate of Citizenship; 4   (C) A current photograph of the responsible official; and 5   (D) The applicable fee in §14102 for applying for a dispensary agent or 6   cultivation site agent Registry Identification Card. 7   (2) 8   After receipt of the information and documents in subsection (f)(1), the Department shall review the information and documents. 9   (A) If the information and documents for at least one of the responsible 10   officials complies with the Act and these rules and regulations, the Department shall 11   issue: 12   (i) A dispensary agent or cultivation site agent Registry 13   Identification Card to any responsible official whose dispensary agent or 14   cultivation site agent Registry Identification Card application complies with 15   §14303 and these rules and regulations; and 16   (ii) The Dispensary Registration Certificate or the Cultivation Site 17   Registration Certificate. 18   (B) If the information and documents for a dispensary agent or cultivation 19   site agent Registry Identification Card application for any responsible official does 20   not comply with §14303 and these rules and regulations, the Department shall deny 21   the dispensary agent or cultivation site agent Registry Identification Card application 22   and provide notice to the responsible official and to the dispensary or cultivation site 23   that includes: 24   (i) Rev.    7/15/2015     The specific reasons for the denial; and   35     1   (ii) 2   3   The process for requesting a hearing of the Department’s decision pursuant to 5 GCA Chapter 9, Administrative Adjudication Law. (g) Any entity may seek review of any administrative decision resulting from a hearing 4   before the Superior Court of Guam. Such review shall be upon the record established before the 5   Director and not de novo. The Superior Court may sustain, modify, or vacate any administrative 6   decision it reviews 7   (h) 8   The Department shall issue: (1) A Registry Identification Card or a License to Operate a Dispensary or 9   Cultivation Site, as applicable, if the Department determines that the applicant complies with 10   the Act and these rules and regulations. For an applicant for a Registry Identification Card, a 11   denial that includes the reason for the denial and the process for requesting a hearing if: 12   13   (A) The Department determines that the applicant does not comply with Act and these rules and regulations; or 14   (B) The applicant does not submit all of the information and documents 15   listed in the written comprehensive request or supplemental request for information 16   within 10 working days after the date of the comprehensive written request or 17   supplemental request for information; 18   (2) For an applicant for a Dispensary Registration Certificate or Cultivation Site 19   Registration Certificate, if the Department determines that the Dispensary Registration 20   Certificate or Cultivation Site Registration Certificate application complies with the Act and 21   these rules and regulations but the Department is not issuing a Dispensary Registration 22   Certificate or Cultivation Site Registration Certificate to the applicant because all available 23   Dispensary Registration Certificates or Cultivation Site Registration Certificates have been 24   allocated according to the criteria and processes in §14302, written notice that: Rev.    7/15/2015       36     1   (A) The Dispensary Registration Certificate or Cultivation Site 2   Registration Certificate 3   regulations; 4   (B) application complies with the Act and these rules and The applicant was not allocated a Dispensary Registration Certificate 5   or Cultivation Site Registration Certificate according to the criteria and processes in 6   §14302; and 7   (C) The written notice is not a denial and is not considered a final decision 8   of the Department subject to administrative review; or 9   (3) For an applicant for a Dispensary Registration Certificate or Cultivation Site 10   Registration Certificate, a denial that includes the reason for the denial and the process for 11   administrative review if: 12   (A) The Department determines that a Dispensary Registration Certificate 13   or Cultivation Site Registration Certificate application does not comply with the Act 14   and these rules and regulations; or 15   (B) The applicant does not submit all of the information and documents 16   listed in the written comprehensive request or supplemental request for information 17   within 10 working days after the date of the comprehensive written request or 18   supplemental request for information. 19   20   21   §14108. Expiration of a Registry Identification Card or a Dispensary Registration Certificate. (a) Except as provided in subsection (b), a Registry Identification Card issued to a 22   qualifying patient, designated caregiver, dispensary, dispensary agent, cultivation site, or cultivation 23   site agent is valid for one year after the date of issuance. Rev.    7/15/2015       37     1   (b) If the Department issues a Registry Identification Card to a qualifying patient, 2   designated caregiver, dispensary, dispensary agent, cultivation site, or cultivation site agent based on 3   a request for a replacement Registry Identification Card or an application to change or amend a 4   Registry Identification Card; the replacement, changed, or amended Registry Identification Card 5   shall have the same expiration date as the Registry Identification Card being replaced, changed, 6   or amended. 7   8   9   (c) Except as provided in subsection (d), a Dispensary Registration Certificate or Cultivation Site Registration Certificate is valid for one year after the date of issuance. (d) A License to Operate a Dispensary or Cultivation Site shall have the same expiration 10   date as the Dispensary Registration Certificate or Cultivation Site Registration Certificate 11   associated with the approval to operate the dispensary or cultivation site. 12   §14109. Notifications and Void Registry Identification Cards. 13   (a) 14   15   The Department shall provide written notice that a cardholder’s Registry Identification Card is void and no longer valid under the Act and these rules and regulations to a: (1) 16   17   (A) The qualifying patient that the qualifying patient no longer has a debilitating medical condition, or 18   19   Qualifying patient when the Department receives notification from: (B) The physician who provided the qualifying patient’s written certification that the: 20   (i) 21   condition, 22   (ii) 23   Qualifying patient no longer has a debilitating medical Physician no longer believes that the qualifying patient would receive therapeutic or palliative benefit from the medical use of marijuana, or Rev.    7/15/2015       38     1   (iii) 2   3   Physician believes that the qualifying patient is not using the medical marijuana as recommended, (2) 4   Designated caregiver when: (A) The Department receives notification from the designated caregiver’s 5   qualifying patient that the designated caregiver no longer assists the qualifying patient 6   with the medical use of marijuana, or 7   (B) The Registry Identification Card for the qualifying patient that is listed 8   on the designated caregiver’s Registry Identification Card is no longer valid, or 9   (3) 10   11   Dispensary agent when: (A) The Department receives the written notification, required in §14309(a)(9), that the dispensary agent: No longer serves as a responsible official or medical director 12   (i) 13   for the dispensary; 14   (ii) Is no longer employed by the dispensary; or 15   (iii) No longer provides volunteer service at or on behalf of the 16   dispensary; or 17   (B) The Dispensary Registration Certificate for the dispensary that is listed 18   on the dispensary agent’s Registry Identification Card is no longer valid. 19   (4) 20   21   Cultivation site agent when: (A) The Department receives the written notification, required in §14309(a)(9), that the cultivation site agent: 22   (i) 23   No longer serves as a responsible official or medical director for the cultivation site; Is no longer employed by the cultivation site; or Rev.    7/15/2015       39     1   (ii) 2   cultivation site; or 3   (B) 4   5   (b) 10   The Department shall void a qualifying patient’s Registry Identification Card: (1) When the Department receives notification that the qualifying patient is deceased; or (2) 8   9   The Cultivation Site Registration Certificate for the cultivation site that is listed on the cultivation site agent’s Registry Identification Card is no longer valid. 6   7   No longer provides volunteer service at or on behalf of the For a qualifying patient under 18 years of age, when the qualifying patient’s designated caregiver’s Registry Identification Card is revoked. (c) The written notice required in subsection (a) that a Registry Identification Card is 11   void is not a revocation and is not considered a final decision of the Department subject to a 12   hearing before the Director. 13   14   §14200. ARTICLE 2. QUALIFYING PATIENTS AND DESIGNATED CAREGIVERS. 15   §14201. Debilitating Medical Conditions. 16   An individual applying for a qualifying patient Registry Identification Card shall have a 17   diagnosis from a physician of a debilitating medical condition(s) as defined in §14101(t) of these rules 18   and regulations.   19   20   21   22   §14202. Applying for a Registry Identification Card for a Qualifying Patient or a Designated Caregiver. (a) Except for a qualifying patient who is under 18 years of age, a qualifying patient is not required to have a designated caregiver. 23   (b) A qualifying patient shall have only one designated caregiver at any given time. 24   (c) Except for a qualifying patient who is under 18 years of age, if the information 25   submitted for a qualifying patient complies with the Act and these rules and regulations but the Rev.    7/15/2015       40     1   information for the qualifying patient’s designated caregiver does not comply with the Act and these 2   rules and regulations, the Department shall issue the Registry Identification Card for the qualifying 3   patient separate from issuing a Registry Identification Card for the qualifying patient’s designated 4   caregiver. 5   (d) If the Department issues a Registry Identification Card to a qualifying patient under 6   subsection (c), the Department shall continue the process for issuing or denying the qualifying 7   patient’s designated caregiver’s Registry Identification Card. 8   9   10   11   12   13   (e) The Department shall not issue a designated caregiver’s Registry Identification Card before the Department issues the designated caregiver’s qualifying patient’s Registry Identification Card. (f) Except as provided in subsection (g), to apply for a Registry Identification Card, a qualifying patient shall submit to the Department the following: (1) 14   An application in a Department provided format that includes: (A) 15   The qualifying patient’s: (i) 16   First name, middle name, if applicable; last name; and suffix, if applicable; 17   (ii) Date of birth; and 18   (iii) Gender; 19   20   (B) Except as provided in subsection (f)(1)(G), the qualifying patient’s residence address and mailing address; 21   (C) The village where the qualifying patient resides; 22   (D) The qualifying patient’s e-mail address; 23   (E) The identifying number on the applicable card or document in 24   subsection (f)(2)(A) through (E); Rev.    7/15/2015       41     1   2   (F) the written certification for medical marijuana for the qualifying patient; 3   4   (G) If the qualifying patient is homeless, an address and/or email where the qualifying patient can receive communication; 5   6   The name, address, and telephone number of the physician providing (H) An attestation that the information provided in the application is true and correct; and 7   (I) 8   signed; 9   (2) The signature of the qualifying patient and date the qualifying patient A copy of the qualifying patient’s: 10   (A) A valid Guam driver’s license; or 11   (B) A valid Guam identification card as approved by the Director; or 12   (C) Guam Registry Identification Card; or 13   (D) Photograph page in the qualifying patient’s U.S. passport; or 14   (E) A valid photo identification card as approved by the Director, and one 15   of the following for the qualifying patient: 16   (i) Birth certificate verifying U.S. citizenship, 17   (ii) U.S. Certificate of Naturalization, or 18   (iii) U.S. Certificate of Citizenship; 19   (3) A current photograph of the qualifying patient; 20   (4) A statement in a Department provided format signed by the qualifying patient 21   pledging not to divert marijuana to any individual who or entity that is not allowed to possess 22   marijuana pursuant to the Act and these rules and regulations; 23   (5) A physician’s written certification in a Department provided format dated 24   within 90 calendar days before the submission of the qualifying patient’s application that 25   includes: Rev.    7/15/2015       42     1   (A) 2   The physician’s: (i) 3   First name, middle name, if applicable; last name; and suffix, if applicable, 4   (ii) 5   Guam board of professional license number including an identification of the physician license type, 6   (iii) Office address on file with the physician’s licensing board, 7   (iv) Telephone number on file with the physician’s licensing 8   board, and 9   (v) E-mail address; 10   (B) The qualifying patient’s name and date of birth; 11   (C) A statement that the physician has made or confirmed a diagnosis of a 12   debilitating medical condition as defined in these rules and regulations for the 13   qualifying patient; 14   (D) An identification, initialed by the physician, of one or more of the 15   debilitating medical conditions in §14201 as the qualifying patient’s specific 16   debilitating medical condition; 17   18   (E) If the debilitating medical condition identified in subsection (f)(5)(D) is a condition in §14201; 19   (F) A statement, initialed by the physician, that the physician: 20   (i) Has established a medical record for the qualifying patient, and 21   (ii) Is maintaining the qualifying patient’s medical record as 22   required by Guam law; 23   (G) A statement, initialed by the physician, that the physician has 24   conducted an in-person physical examination of the qualifying patient within the 25   previous 90 calendar days appropriate to the qualifying patient’s presenting symptoms Rev.    7/15/2015       43     1   and the qualifying patient’s debilitating medical condition diagnosed or confirmed by 2   the physician; 3   4   (H) of the qualifying patient; 5   6   The date the physician conducted the in-person physical examination (I) A statement, initialed by the physician, that the physician reviewed the qualifying patient’s: 7   (i) 8   Medical records including medical records from other treating physicians from the previous 12 months, 9   (ii) Response to conventional medications and medical therapies, 11   (iii) Profile on the Department’s Prescription Drug Monitoring 12   Program database; 13   (J) 10   and A statement, initialed by the physician, that the physician has 14   explained the potential risks and benefits of the medical use of marijuana to the 15   qualifying patient; 16   (K) A statement, initialed by the physician, that in the physician’s 17   professional opinion, the qualifying patient is likely to receive therapeutic or palliative 18   benefit from the qualifying patient’s medical use of marijuana to treat or alleviate the 19   qualifying patient’s debilitating medical condition; 20   (L) A statement, initialed by the physician, that if the physician has 21   referred the qualifying patient to a dispensary, the physician has disclosed to the 22   qualifying patient any personal or professional relationship the physician has with the 23   dispensary; 24   (M) 25   An attestation that the information provided in the written certification is true and correct; and Rev.    7/15/2015       44     1   2   3   (N) (6) If the qualifying patient is designating a caregiver, the following in a Department provided format: 4   5   The physician’s signature and the date the physician signed; (A) The designated caregiver’s first name; middle initial, if applicable; last name; and suffix, if applicable; 6   (B) The designated caregiver’s date of birth; 7   (C) The designated caregiver’s residence address and mailing address; 8   (D) The village where the designated caregiver resides; 9   (E) The identifying number on the applicable card or document in 10   subsection (f)(6)(I)(i) through (v); 11   (F) 12   One of the following: (i) 13   A statement that the designated caregiver does not currently hold a valid Registry Identification Card, or 14   (ii) The assigned registry identification number for the designated 15   caregiver for each valid Registry Identification Card currently held by the 16   designated caregiver; 17   (G) An attestation signed and dated by the designated caregiver that the 18   designated caregiver has not been convicted of an excluded felony offense as defined 19   in these rules and regulations; 20   (H) A statement signed by the designated caregiver: 21   (i) 22   of marijuana; and 23   (ii) Agreeing to assist the qualifying patient with the medical use Pledging not to divert marijuana to any individual or entity 24   that is not allowed to possess marijuana pursuant to the Act or these rules and 25   regulations; Rev.    7/15/2015       45     1   (I) A copy of the designated caregiver’s: 2   (i) A valid Guam driver’s license; or 3   (ii) A valid Guam identification card as approved by the Director; 5   (iii) Guam Registry Identification Card; 6   (iv) Photograph page in the designated caregiver’s U.S. passport; (v) A valid photo identification card as approved by the Director, 4   or 7   or 8   9   and one of the following for the designated caregiver: 10   (aa) Birth certificate verifying U.S. citizenship, 11   (bb) U.S. Certificate of Naturalization, or 12   (cc) U.S. Certificate of Citizenship; 13   (J) A current photograph of the designated caregiver; and 14   (K) For the Department’s criminal records check as follows: 15   (i) Police clearance; 16   (ii) Court clearance; 17   (iii) The designated caregiver’s fingerprints on a fingerprint card 18   that includes the following information of the designated caregiver: 19   (aa) 20   suffix, if applicable; 21   (bb) Signature; 22   (cc) The signature of the individual physically rolling the 23   First name; middle initial, if applicable; last name and designated caregiver’s fingerprints; 24   (dd) Rev.    7/15/2015     Residential and mailing address;   46     1   (ee) If applicable, the designated caregiver’s surname 2   before marriage and any names previously used by the designated 3   caregiver; 4   (ff) Date of birth; 5   (gg) Social Security number; 6   (hh) Citizenship status; 7   (ii) Gender; 8   (jj) Ethnicity; 9   (kk) Height; 10   (ll) Weight; 11   (mm) Hair color; 12   (nn) Eye color; and 13   (oo) Place of birth; or 14   (iv) If the designated caregiver’s fingerprints and information 15   required in subsection (f)(6)(K)(iii) were submitted to the Department as part 16   of an application for a designated caregiver, dispensary agent, or cultivation 17   site agent Registry Identification Card within the previous six months, the 18   registry identification number on the Registry Identification Card issued to the 19   designated caregiver as a result of the application; and 20   [3](7) The applicable fees in §14102 for applying for: 21   (A) A qualifying patient Registry Identification Card; and 22   (B) If applicable, a designated caregiver Registry Identification Card. 23   (g) To apply for a Registry Identification Card for a qualifying patient who is under 18 24   years of age, the qualifying patient’s custodial parent or legal guardian responsible for health care 25   decisions for the qualifying patient shall submit to the Department the following: Rev.    7/15/2015       47     1   (1) 2   An application in a Department provided format that includes: (A) 3   The qualifying patient’s: (i) 4   First name; middle initial, if applicable; last name; and suffix, if applicable; 5   (ii) Date of birth; and 6   (iii) Gender; 7   (B) The qualifying patient’s residence address and mailing address; 8   (C) The village where the qualifying patient resides; 9   (D) The qualifying patient’s custodial parent’s or legal guardian’s first 10   name; middle initial, if applicable; last name; and suffix, if applicable; 11   12   (E) subsection (g)(5)(A) through (E); 13   14   (F) (G) The village where the qualifying patient’s custodial parent or legal guardian resides; 17   18   The qualifying patient’s custodial parent’s or legal guardian’s residence address and mailing address and telephone number; 15   16   The identifying number on the applicable card or document in (H) The qualifying patient’s custodial parent’s or legal guardian’s e-mail address; 19   (I) The name, address, and telephone number of a physician who has a 20   physician-patient relationship with the qualifying patient and is providing the written 21   certification for medical marijuana for the qualifying patient; 22   (J) The name, address, and telephone number of a second physician who 23   has conducted a comprehensive review of the patient’s medical record maintained by 24   other treating physicians, and is providing a written certification for medical marijuana 25   for the qualifying patient; Rev.    7/15/2015       48     1   2   (K) The qualifying patient’s custodial parent’s or legal guardian’s date of (L) Whether the individual submitting the application on behalf of the birth; 3   4   qualifying patient under 18 years of age is the qualifying patient’s custodial parent or 5   legal guardian; 6   (M) 7   One of the following: (i) 8   A statement that the qualifying patient’s custodial parent or legal guardian does not currently hold a valid Registry Identification Card, or 9   (ii) The assigned registry identification number for the qualifying 10   patient’s custodial parent or legal guardian for each valid Registry 11   Identification Card currently held by the qualifying patient’s custodial parent 12   or legal guardian; 13   (N) 14   An attestation that the information provided in the application is true and correct; and 15   (O) The signature of the qualifying patient’s custodial parent or legal 16   guardian and the date the qualifying patient’s custodial parent or legal guardian 17   signed; 18   (2) A current photograph of the: 19   (A) Qualifying patient, and 20   (B) Qualifying patient’s custodial parent or legal guardian serving as the 21   qualifying patient’s designated caregiver; 22   (3) An attestation in a Department provided format signed and dated by the 23   qualifying patient’s custodial parent or legal guardian that the qualifying patient’s custodial 24   parent or legal guardian has not been convicted of an excluded felony offense as defined in 25   these rules and regulations; Rev.    7/15/2015       49     1   (4) A statement in a Department provided format signed by the qualifying 2   patient’s custodial parent or legal guardian who is serving as the qualifying patient’s 3   designated caregiver: 4   (A) Allowing the qualifying patient’s medical use of marijuana; 5   (B) Agreeing to assist the qualifying patient with the medical use of 6   marijuana; and 7   (C) Pledging not to divert marijuana to any individual who or entity that is 8   not allowed to possess marijuana pursuant to the Act; 9   (5) 10   A copy of one of the following for the qualifying patient’s custodial parent or legal guardian: 11   (A) A valid Guam driver’s license; or 12   (B) A valid Guam identification card as approved by the Director; or 13   (C) Guam Registry Identification Card; 14   (D) Photograph page in the qualifying patient’s custodial parent or legal 15   guardian U.S. passport; or 16   (6) If the individual submitting the application on behalf of a qualifying patient is 17   the qualifying patient’s legal guardian, a copy of documentation establishing the individual as 18   the qualifying patient’s legal guardian; 19   (7) For the Department’s criminal records check as follows: 20   (A) Police clearance; 21   (B) Court clearance; 22   (C) The qualifying patient’s custodial parent or legal guardian’s 23   fingerprints on a fingerprint card that includes the following information of the 24   qualifying patient’s custodial parent or legal guardian: Rev.    7/15/2015       50     1   (i) First name; middle initial, if applicable; last name and suffix, if 2   applicable; 3   (ii) Signature; 4   (iii) If different from the qualifying patient’s custodial parent or 5   legal guardian, the signature of the individual physically rolling the qualifying 6   patient’s custodial parent’s or legal guardian’s fingerprints; 7   (iv) Residential and Mailing Address; 8   (v) If applicable, the qualifying patient’s custodial parent’s or 9   legal guardian’s surname before marriage and any names previously used by 10   the qualifying patient’s custodial parent or legal guardian; 11   (vi) Date of birth; 12   (vii) Social Security number; 13   (viii) Citizenship status; 14   (ix) Gender; 15   (x) Ethnicity; 16   (xi) Height; 17   (xii) Weight; 18   (xiii) Hair color; 19   (xiv) Eye color; and 20   (xv) Place of birth; or 21   (D) If the qualifying patient’s custodial parent’s or legal guardian’s 22   fingerprints and information required in subsection (g)(7)(C) were submitted to the 23   Department as part of an application for a designated caregiver, dispensary agent, or 24   cultivation site agent Registry Identification Card within the previous six months, the Rev.    7/15/2015       51     1   registry identification number on the Registry Identification Card issued to the 2   qualifying patient’s custodial parent or legal guardian as a result of the application; 3   (8) A written certification from the physician in subsection (g)(1)(I) and a separate 4   written certification from the physician in (g)(1)(J) in a Department provided format dated 5   within 90 calendar days before the submission of the qualifying patient’s application that 6   includes: 7   (A) 8   The physician’s: (i) 9   First name, middle name, if applicable; last name; and suffix, if applicable, 10   (ii) 11   Guam board of professional license number including an identification of the physician license type, 12   (iii) Office address on file with the physician’s licensing board, 13   (iv) Telephone number on file with the physician’s licensing 14   board, and 15   (v) E-mail address; 16   (B) The qualifying patient’s name and date of birth; 17   (C) An identification of one or more of the debilitating medical conditions 18   in §14201 as the qualifying patient’s specific debilitating medical condition; 19   20   (D) If the debilitating medical condition identified is a condition in §14201; 21   (E) 22   For the physician listed in subsection (g)(1)(I): (i) A statement that the physician has made or confirmed a 23   diagnosis of a debilitating medical condition as defined in the Act and these 24   rules and regulations for the qualifying patient; 25   (ii) Rev.    7/15/2015     A statement, initialed by the physician, that the physician:   52     1   (aa) 2   patient, and 3   (bb) Has established a medical record for the qualifying Is maintaining the qualifying patient’s medical record 4   as required by Guam law; 5   (iii) A statement, initialed by the physician, that the physician has 6   conducted an in-person physical examination of the qualifying patient within 7   the previous 90 calendar days appropriate to the qualifying patient’s presenting 8   symptoms and the qualifying patient’s debilitating medical condition 9   diagnosed or confirmed by the physician; 10   (iv) 11   The date the physician conducted the in-person physical examination of the qualifying patient; 12   (v) 13   A statement, initialed by the physician, that the physician reviewed the qualifying patient’s: 14   (aa) 15   Medical records including medical records from other treating physicians from the previous 12 months, 16   (bb) 17   Response to conventional medications and medical therapies, and 18   (cc) Profile on the Department’s Prescription Drug 19   Monitoring Program database; and 20   (vi) A statement, initialed by the physician, that the physician has 21   explained the potential risks and benefits of the use of medical marijuana to 22   the qualifying patient’s custodial parent or legal guardian responsible for 23   health care decisions for the qualifying patient; Rev.    7/15/2015       53     1   (F) For the physician listed in subsection (g)(1)(J), a statement, initialed by 2   the physician, that the physician conducted a comprehensive review of the qualifying 3   patient’s medical records from other treating physicians; 4   (G) A statement, initialed by the physician, that, in the physician’s 5   professional opinion, the qualifying patient is likely to receive therapeutic or palliative 6   benefit from the qualifying patient’s medical use of marijuana to treat or alleviate the 7   qualifying patient’s debilitating medical condition; 8   (H) A statement, initialed by the physician, that if the physician has 9   referred the qualifying patient’s custodial parent or legal guardian to a dispensary, the 10   physician has disclosed to the qualifying patient any personal or professional 11   relationship the physician has with the dispensary; 12   (I) 13   An attestation that the information provided in the written certification is true and correct; and 14   (J) 15   (9) The physician’s signature and the date the physician signed; and The applicable fees in §14102 for applying for a: 16   (A) Qualifying patient Registry Identification Card, and 17   (B) Designated caregiver Registry Identification Card. 18   19   20   21   22   (h) For purposes of this Section, “residence address” when used in conjunction with a qualifying patient means: (1) The street address including village and zip code assigned by a local jurisdiction; or (2) For property that does not have a street address assigned by a local 23   jurisdiction, the legal description of the property on the title documents recorded by the 24   assessor of the village in which the property is located. Rev.    7/15/2015       54     1   2   3   §14203. Amending a Qualifying Patient’s or Designated Caregiver’s Registry Identification Card. (a) To add a designated caregiver or to request a change of a qualifying patient’s 4   designated caregiver, the qualifying patient shall submit to the Department, within 10 working days 5   after the addition or the change, the following: 6   (1) 7   8   An application in a Department provided format that includes: (A) The qualifying patient’s name and the registry identification number on the qualifying patient’s current Registry Identification Card; 9   (B) If applicable, the name of the qualifying patient’s current designated 10   caregiver and the date the designated caregiver last provided or will last provide 11   assistance to the qualifying patient; 12   13   (C) caregiver; and 14   (D) 15   signed; 16   (2) 17   18   The name of that the individual the qualifying patient is designating as The signature of the qualifying patient and date the qualifying patient For the caregiver the qualifying patient is designating: (A) The designated caregiver’s first name; middle initial, if applicable; last name; and suffix, if applicable; 19   (B) The designated caregiver’s date of birth; 20   (C) The designated caregiver’s residence address and mailing address; 21   (D) The village where the designated caregiver resides; 22   (E) The identifying number on the applicable card or document in 23   subsection (a)(2)(I)(i) through (v); 24   (F) Rev.    7/15/2015     One of the following:   55     1   (i) 2   A statement that the designated caregiver does not currently hold a valid Registry Identification Card, or 3   (ii) The assigned registry identification number for the designated 4   caregiver for each valid Registry Identification Card currently held by the 5   designated caregiver; 6   (G) An attestation in a Department provided format signed and dated by 7   the designated caregiver that the designated caregiver has not been convicted of an 8   excluded felony offense as defined in these rules and regulations; 9   10   (H) A statement in a Department provided format signed by the designated caregiver: 11   (i) 12   of marijuana; and 13   (ii) Agreeing to assist the qualifying patient with the medical use Pledging not to divert marijuana to any individual who or 14   entity that is not allowed to possess marijuana pursuant to the Act; 15   (I) A copy the designated caregiver’s: 16   (i) A valid Guam driver’s license; or 17   (ii) A valid Guam identification card as approved by the Director; 19   (iii) Guam Registry Identification Card; 20   (iv) Photograph page in the designated caregiver’s U.S. passport; (v) A valid photo identification card as approved by the Director, 18   or 21   or 22   23   and one of the following for the designated caregiver: 24   (aa) Rev.    7/15/2015     Birth certificate verifying U.S. citizenship,   56     1   (bb) U. S. Certificate of Naturalization, or 2   (cc) U. S. Certificate of Citizenship; 3   (J) A current photograph of the designated caregiver; and 4   (K) For the Department’s criminal records check as follows: 5   (i) Police clearance; 6   (ii) Court clearance; 7   (iii) The designated caregiver’s fingerprints on a Department 8   approved fingerprint card that includes the following information of the 9   designated caregiver: 10   (aa) 11   suffix, if applicable; 12   (bb) Signature; 13   (cc) The signature of the authorized individual, as First name; middle initial, if applicable; last name and 14   determined by the Department, physically rolling the designated 15   caregiver’s fingerprints; 16   (dd) Residential and mailing address; 17   (ee) If applicable, the designated caregiver’s surname 18   before marriage and any names previously used by the designated 19   caregiver; 20   (ff) Date of birth; 21   (gg) Social Security number; 22   (hh) Citizenship status; 23   (ii) Gender; 24   (jj) Ethnicity; 25   (kk) Height; Rev.    7/15/2015       57     1   (ll) 2   (mm) Hair color; 3   (nn) Eye color; and 4   (oo) Place of birth; or 5   (iv) Weight; If the designated caregiver’s fingerprints and information 6   required in subsection (a)(2)(K)(iii) were submitted to the Department as part 7   of an application for a designated caregiver, dispensary agent, or cultivation 8   site agent within the previous six months, the registry identification number on 9   the Registry Identification Card issued to the designated caregiver as a result 10   of the application; and 11   (3) 12   Identification Card. 13   (b) The applicable fee in §14102 for applying for a designated caregiver Registry To amend a qualifying patient’s address on the qualifying patient’s Registry 14   Identification Card, the qualifying patient shall submit to the Department, within 10 working days 15   after the change in address, the following: 16   17   (1) The qualifying patient’s name and the registry identification number on the qualifying patient’s current Registry Identification Card; 18   (2) The qualifying patient’s new residential and mailing address; 19   (3) The village where the new address is located; 20   (4) The name of the qualifying patient’s designated caregiver, if applicable; 21   (5) The effective date of the qualifying patient’s new address; and 22   (6) The applicable fee in §14102 for applying to amend a qualifying patient’s 23   Registry Identification Card. Rev.    7/15/2015       58     1   2   3   §14204. Renewing a Qualifying Patient’s or Designated Caregiver’s Registry Identification Card. (a) Except for a qualifying patient who is under 18 years of age, to renew a qualifying 4   patient’s Registry Identification Card, the qualifying patient shall submit the following to the 5   Department at least 30 calendar days before the expiration date of the qualifying patient’s Registry 6   Identification Card: 7   (1) 8   9   An application in a Department provided format that includes: (A) The qualifying patient’s first name; middle initial, if applicable; last name; and suffix, if applicable; 10   (B) The qualifying patient’s date of birth; 11   (C) Except as provided in subsection (a)(1)(J), the qualifying patient’s 12   residential address and mailing address; 13   (D) The village where the qualifying patient resides; 14   (E) The qualifying patient’s e-mail address; 15   (F) The registry identification number on the qualifying patient’s current 16   Registry Identification Card; 17   18   (G) the written certification for medical marijuana for the qualifying patient; 19   20   (H) (I) An attestation that the information provided in the application is true and correct; and 23   24   If the qualifying patient is homeless, an address where the qualifying patient can receive mail; 21   22   The name, address, and telephone number of the physician providing (J) The signature of the qualifying patient and the date the qualifying patient signed; Rev.    7/15/2015       59     1   (2) If the qualifying patient’s name in subsection (a)(1)(A) is not the same name 2   as on the qualifying patient’s current Registry Identification Card, one of the following with 3   the qualifying patient’s new name: 4   (A) A valid Guam driver’s license; or 5   (B) A valid Guam identification card as approved by the Director; or 6   (C) The photograph page in the qualifying patient’s U.S. passport; 7   (3) A current photograph of the qualifying patient; 8   (4) A statement in a Department provided format signed by the qualifying patient 9   10   11   pledging not to divert marijuana to any individual who or entity that is not allowed to possess marijuana pursuant to the Act; (5) A physician’s written certification in a Department provided format dated 12   within 90 calendar days before the submission of the qualifying patient’s renewal application 13   that includes: 14   (A) 15   The physician’s: (i) 16   First name; middle initial, if applicable; last name; and suffix, if applicable, 17   (ii) 18   Guam board of professional license number including an identification of the physician license type, 19   (iii) Office address on file with the physician’s licensing board, 20   (iv) Telephone number on file with the physician’s licensing 21   board, and 22   (v) 23   (B) Rev.    7/15/2015     E-mail address; The qualifying patient’s name and date of birth;   60     1   (C) A statement that the physician has made or confirmed a diagnosis of a 2   debilitating medical condition as defined in the Act and these rules and regulations for 3   the qualifying patient; 4   5   (D) in §14201 as the qualifying patient’s specific debilitating medical condition; 6   7   An identification of one or more of the debilitating medical conditions (E) If the debilitating medical condition identified in subsection (a)(5)(D) is a condition in §14201; 8   (F) A statement, initialed by the physician, that the physician: 9   (i) Has established a medical record for the qualifying patient, and 10   (ii) Is maintaining the qualifying patient’s medical record as 11   required by Guam law; 12   (G) A statement, initialed by the physician, that the physician has 13   conducted an in-person physical examination of the qualifying patient within the 14   previous 90 calendar days appropriate to the qualifying patient’s presenting symptoms 15   and the qualifying patient’s debilitating medical condition diagnosed or confirmed by 16   the physician; 17   18   (H) of the qualifying patient; 19   20   The date the physician conducted the in-person physical examination (I) A statement, initialed by the physician, that the physician reviewed the qualifying patient’s: 21   (i) 22   Medical records including medical records from other treating physicians from the previous 12 months, 23   (ii) 24   Response to conventional medications and medical therapies, and Rev.    7/15/2015       61     1   (iii) 2   Program database; 3   (J) Profile on the Department’s Prescription Drug Monitoring A statement, initialed by the physician, that the physician has 4   explained the potential risks and benefits of the medical use of marijuana to the 5   qualifying patient; 6   (K) A statement, initialed by the physician, that in the physician’s 7   professional opinion, the qualifying patient is likely to receive therapeutic or palliative 8   benefit from the qualifying patient’s medical use of marijuana to treat or alleviate the 9   qualifying patient’s debilitating medical condition; 10   (L) A statement, initialed by the physician, that if the physician has 11   referred the qualifying patient to a dispensary, the physician has disclosed to the 12   qualifying patient any personal or professional relationship the physician has with the 13   dispensary; 14   (M) 15   An attestation that the information provided in the written certification is true and correct; and 16   (N) 17   (6) The physician’s signature and the date the physician signed; If the qualifying patient is designating a caregiver or if the qualifying patient’s 18   designated caregiver’s Registry Identification Card has the same expiration date as the 19   qualifying patient’s Registry Identification Card, the following in a Department provided 20   format: 21   22   (A) The designated caregiver’s first name; middle initial, if applicable; last name; and suffix, if applicable; 23   (B) The designated caregiver’s date of birth; 24   (C) The designated caregiver’s residential address and mailing address; 25   (D) The village where the designated caregiver resides; Rev.    7/15/2015       62     1   (E) If the qualifying patient is renewing the designated caregiver’s 2   Registry Identification Card, the registry identification number on the designated 3   caregiver’s Registry Identification Card associated with the qualifying patient; 4   (F) If the qualifying patient is designating an individual not previously 5   designated as the qualifying patient’s designated caregiver, the identification number 6   on and a copy of the designated caregiver’s: 7   (i) A valid Guam driver’s license; or 8   (ii) A valid Guam identification card as approved by the Director; 10   (iii) Guam Registry Identification Card; 11   (iv) Photograph page in the designated caregiver’s U. S. passport; (v) A valid photo identification card as approved by the Director, 9   or 12   or 13   14   and one of the following for the designated caregiver: 15   (aa) Birth certificate verifying U.S. citizenship, 16   (bb) U. S. Certificate of Naturalization, or 17   (cc) U. S. Certificate of Citizenship; 18   19   (G) If the qualifying patient is designating an individual not previously designated as the qualifying patient’s designated caregiver, one of the following: 20   (i) 21   A statement that the designated caregiver does not currently hold a valid Registry Identification Card, or 22   (ii) The assigned registry identification number for the designated 23   caregiver for each valid Registry Identification Card currently held by the 24   designated caregiver; 25   (H) Rev.    7/15/2015     A current photograph of the designated caregiver;   63     1   (I) An attestation signed and dated by the designated caregiver that the 2   designated caregiver has not been convicted of an excluded felony offense as defined 3   in these rules and regulations; 4   (J) 5   caregiver: A statement in a Department provided format signed by the designated 6   (i) 7   of marijuana; and 8   (ii) 9   Agreeing to assist the qualifying patient with the medical use Pledging not to divert marijuana to any individual who or entity that is not allowed to possess marijuana pursuant to the Act; and 10   (K) For the Department’s criminal records check as follows: 11   (i) Police clearance; 12   (ii) Court clearance; 13   (iii) The designated caregiver’s fingerprints on a fingerprint card 14   that includes the following information of the designated caregiver: 15   (aa) 16   suffix, if applicable; 17   (bb) Signature; 18   (cc) The signature of the individual physically rolling the 19   First name; middle initial, if applicable; last name and designated caregiver’s fingerprints; 20   (dd) Residential and mailing address; 21   (ee) If applicable, the designated caregiver’s surname 22   before marriage and any names previously used by the designated 23   caregiver; 24   (ff) Date of birth; 25   (gg) Social Security number; Rev.    7/15/2015       64     1   (hh) Citizenship status; 2   (ii) Gender; 3   (jj) Ethnicity; 4   (kk) Height; 5   (ll) Weight; 6   (mm) Hair color; 7   (nn) Eye color; and 8   (oo) Place of birth; or 9   (iv) If the designated caregiver’s fingerprints and information 10   required in subsection (a)(6)(K)(iii) were submitted to the Department as part 11   of an application for a designated caregiver, dispensary agent, or cultivation 12   site agent Registry Identification Card within the previous six months, the 13   registry identification number on the Registry Identification Card issued to the 14   designated caregiver as a result of the application; 15   (7) If the qualifying patient’s designated caregiver’s Registry Identification Card 16   has the same expiration date as the qualifying patient’s Registry Identification Card and the 17   designated caregiver’s name in subsection (a)(6)(A) is not the same name as on the designated 18   caregiver’s current Registry Identification Card, one of the following with the designated 19   caregiver’s new name: 20   (A) A valid Guam driver’s license; or 21   (B) A valid Guam identification card as approved by the Director; or 22   (C) The photograph page in the designated caregiver’s U.S. passport; and 23   (8) 24   The applicable fees in §14102 for applying to: (A) Rev.    7/15/2015     Renew a qualifying patient’s Registry Identification Card; and   65     1   (B) 2   Identification Card. 3   (b) If applicable, issue or renew a designated caregiver’s Registry To renew a Registry Identification Card for a qualifying patient who is under 18 years 4   of age, the qualifying patient’s custodial parent or legal guardian responsible for health care decisions 5   for the qualifying patient shall submit to the Department the following: 6   (1) 7   An application in a Department provided format that includes: (A) The qualifying patient’s: 8   (i) 9   if applicable; and 10   (ii) First name; middle initial, if applicable; last name; and suffix, Date of birth; 11   (B) The qualifying patient’s residence address and mailing address; 12   (C) The village where the qualifying patient resides; 13   (D) The registry identification number on the qualifying patient’s current 14   Registry Identification Card; 15   16   (E) name; middle initial, if applicable; last name; and suffix, if applicable; 17   18   (F) (G) (H) The qualifying patient’s custodial parent’s or legal guardian’s e-mail address; 23   24   The village where the qualifying patient’s custodial parent or legal guardian resides; 21   22   The qualifying patient’s custodial parent’s or legal guardian’s residential address and mailing address; 19   20   The qualifying patient’s custodial parent’s or legal guardian’s first (I) The registry identification number on the qualifying patient’s custodial parent’s or legal guardian’s current Registry Identification Card; Rev.    7/15/2015       66     1   (J) The name, address, and telephone number of a physician who has a 2   physician-patient relationship with the qualifying patient and is providing the written 3   certification for medical marijuana for the qualifying patient; 4   (K) The name, address, and telephone number of a second physician who 5   has conducted a comprehensive review of the qualifying patient’s medical record 6   maintained by other treating physicians, and is providing a written certification for 7   medical marijuana for the qualifying patient; 8   9   10   (L) A statement in a Department provided format signed by the qualifying patient’s custodial parent or legal guardian who is serving as the qualifying patient’s designated caregiver: 11   (i) Allowing the qualifying patient’s medical use of marijuana; 12   (ii) Agreeing to assist the qualifying patient with the medical use 13   of marijuana; and 14   (iii) Pledging not to divert marijuana to any individual who or 15   entity that is not allowed to possess marijuana pursuant to the Act; 16   (M) 17   An attestation that the information provided in the application is true and correct; and 18   (N) The signature of the qualifying patient’s custodial parent or legal 19   guardian and the date the qualifying patient’s custodial parent or legal guardian 20   signed; 21   (2) If the qualifying patient’s custodial parent’s or legal guardian’s name in 22   subsection (b)(1)(E) is not the same name as on the qualifying patient’s custodial parent’s or 23   legal guardian’s current Registry Identification Card, one of the following with the custodial 24   parent’s or legal guardian’s new name: 25   (A) Rev.    7/15/2015     A valid Guam driver’s license; or   67     1   (B) A valid Guam identification card as approved by the Director; or 2   (C) The photograph page in the qualifying patient’s custodial parent’s or 3   legal guardian’s U.S. passport; 4   (3) A current photograph of the qualifying patient; 5   (4) A written certification from the physician in subsection (b)(1)(J) and a separate 6   written certification from the physician in subsection (b)(1)(K) in a Department provided 7   format dated within 90 calendar days before the submission of the qualifying patient’s renewal 8   application that includes: 9   (A) 10   The physician’s: (i) 11   First name, middle name, if applicable, last name; and suffix, if applicable, 12   (ii) 13   Guam board of professional license number including an identification of the physician license type, 14   (iii) Office address on file with the physician’s licensing board, 15   (iv) Telephone number on file with the physician’s licensing 16   board, and 17   (v) E-mail address; 18   (B) The qualifying patient’s name and date of birth; 19   (C) An identification of one or more of the debilitating medical conditions 20   in §14201 as the qualifying patient’s specific debilitating medical condition; 21   22   (D) If the debilitating medical condition identified in subsection (b)(4)(C) is a condition in §14201; 23   (E) Rev.    7/15/2015     For the physician listed in subsection (b)(1)(J):   68     1   (i) A statement that the physician has made or confirmed a 2   diagnosis of a debilitating medical condition as defined in the Act and these 3   rules and regulations for the qualifying patient; 4   (ii) A statement, initialed by the physician, that the physician: 5   (aa) 6   patient, and 7   (bb) Has established a medical record for the qualifying Is maintaining the qualifying patient’s medical record 8   as required by Guam law; 9   (iii) A statement, initialed by the physician, that the physician has 10   conducted an in-person physical examination of the qualifying patient within 11   the previous 90 calendar days appropriate to the qualifying patient’s presenting 12   symptoms and the qualifying patient’s debilitating medical condition 13   diagnosed or confirmed by the physician; 14   (iv) 15   The date the physician conducted the in-person physical examination of the qualifying patient; 16   (v) 17   A statement, initialed by the physician, that the physician reviewed the qualifying patient’s: 18   (aa) 19   Medical records including medical records from other treating physicians from the previous 12 months, 20   (bb) 21   Response to conventional medications and medical therapies, and 22   (cc) Profile on the Department’s Prescription Drug 23   Monitoring Program database; and 24   (vi) 25   A statement, initialed by the physician, that the physician has explained the potential risks and benefits of the use of medical marijuana to Rev.    7/15/2015       69     1   the qualifying patient’s custodial parent or legal guardian responsible for 2   health care decisions for the qualifying patient; 3   (F) For the physician listed in subsection (b)(1)(K), a statement, initialed 4   by the physician, that the physician conducted a comprehensive review of the 5   qualifying patient’s medical records from other treating physicians; 6   (G) A statement, initialed by the physician, that in the physician’s 7   professional opinion the qualifying patient is likely to receive therapeutic or palliative 8   benefit from the qualifying patient’s medical use of marijuana to treat or alleviate the 9   qualifying patient’s debilitating medical condition; 10   (H) A statement, initialed by the physician, that if the physician has 11   referred the qualifying patient’s custodial parent or legal guardian to a dispensary, the 12   physician has disclosed to the qualifying patient’s custodial parent or legal guardian 13   any personal or professional relationship the physician has with the dispensary; 14   15   (I) is true and correct; and 16   17   18   19   An attestation that the information provided in the written certification (J) (5) The physician’s signature and the date the physician signed; and A current photograph of the qualifying patient’s custodial parent or legal guardian; (6) For the Department’s criminal records check as follows: 20   (A) Police clearance; 21   (B) Court clearance; 22   (C) The qualifying patient’s custodial parent’s or legal guardian’s 23   fingerprints on a fingerprint card that includes the following information of the 24   qualifying patient’s custodial parent’s or legal guardian’s: Rev.    7/15/2015       70     1   (i) 2   First name; middle initial, if applicable; last name; and suffix, if applicable; 3   (ii) Signature; 4   (iii) The signature of the individual physically rolling the 5   qualifying patient’s custodial parent’s or legal guardian’s fingerprints; 6   (iv) Residential and mailing address; 7   (v) If applicable, the qualifying patient’s custodial parent’s or 8   legal guardian’s surname before marriage and any names previously used by 9   the qualifying patient’s custodial parent or legal guardian; 10   (vi) Date of birth; 11   (vii) Social Security number; 12   (viii) Citizenship status; 13   (ix) Gender; 14   (x) Ethnicity; 15   (xi) Height; 16   (xii) Weight; 17   (xiii) Hair color; 18   (xiv) Eye color; and 19   (xv) Place of birth; or 20   (D) If the qualifying patient’s custodial parent’s or legal guardian’s 21   fingerprints and information required in subsection (b)(6)(A) were submitted as part of 22   an application for a designated caregiver, dispensary agent, or cultivation site agent 23   Registry Identification Card to the Department within the previous six months, the 24   registry identification number on the Registry Identification Card issued to the Rev.    7/15/2015       71     1   patient’s custodial parent or legal guardian serving as the qualifying patient’s 2   designated caregiver as a result of the application; and 3   (7) The applicable fees in §14102 for applying to renew a: 4   (A) Qualifying patient’s Registry Identification Card, and 5   (B) Designated caregiver’s Registry Identification Card. 6   (c) Except as provided in subsection (a)(6), to renew a qualifying patient’s designated 7   caregiver’s Registry Identification Card, the qualifying patient shall submit to the Department, at least 8   30 calendar days before the expiration date of the designated caregiver’s Registry Identification Card, 9   the following: 10   (1) 11   12   (A) (B) The registry identification number on the qualifying patient’s current Registry Identification Card; 15   16   The qualifying patient’s first name; middle initial, if applicable; last name; and suffix, if applicable; 13   14   An application in a Department provided format that includes: (C) The designated caregiver’s first name; middle initial, if applicable; last name; and suffix, if applicable; 17   (D) The designated caregiver’s date of birth; 18   (E) The designated caregiver’s residential address and mailing address; 19   (F) The village where the designated caregiver resides; 20   (G) The registry identification number on the designated caregiver’s 21   current Registry Identification Card; 22   (2) If the designated caregiver’s name in subsection (c)(1)(A) is not the same 23   name as on the designated caregiver’s current Registry Identification Card, one of the 24   following with the designated caregiver’s new name: 25   (A) Rev.    7/15/2015     A valid Guam driver’s license; or   72     1   (B) A valid Guam identification card as approved by the Director; or 2   (C) The photograph page in the designated caregiver’s U.S. passport; 3   (3) A current photograph of the designated caregiver; 4   (4) A statement in a Department provided format signed by the designated 5   caregiver: 6   7   (A) marijuana; and 8   9   10   Agreeing to assist the qualifying patient with the medical use of (B) Pledging not to divert marijuana to any individual or person who is not allowed to possess marijuana pursuant to the Act; and (5) For the Department’s criminal records check as follows: 11   (A) Police clearance; 12   (B) Court clearance; 13   (C) The designated caregiver’s fingerprints on a fingerprint card that 14   includes the following information of the designated caregiver: 15   (i) 16   First name; middle initial, if applicable; last name; and suffix, if applicable; 17   (ii) Signature; 18   (iii) If different from the designated caregiver, the signature of the 19   individual physically rolling the designated caregiver’s fingerprints; 20   (iv) Residential and mailing address; 21   (v) If applicable, the designated caregiver’s surname before 22   marriage and any names previously used by the designated caregiver; 23   (vi) Date of birth; 24   (vii) Social Security number; 25   (viii) Citizenship status; Rev.    7/15/2015       73     1   (ix) Gender; 2   (x) Ethnicity; 3   (xi) Height; 4   (xii) Weight; 5   (xiii) Hair color; 6   (xiv) Eye color; and 7   (xv) Place of birth; or 8   (D) If the designated caregiver’s fingerprints and information required in 9   subsection (c)(1)(J)(i) were submitted as part of an application for a designated 10   caregiver, dispensary agent, or a cultivation site agent Registry Identification Card to 11   the Department within the previous six months, the registry identification number on 12   the Registry Identification Card issued to the designated caregiver as a result of the 13   application; and 14   (6) 15   Identification Card. 16   § 14205. Denial or Revocation of a Qualifying Patient’s or Designated Caregiver’s 17   18   The applicable fee in §14102 for renewing a designated caregiver’s Registry Registry Identification Card. (a) The Department shall deny a qualifying patient’s application for or renewal of the 19   qualifying patient’s Registry Identification Card if the qualifying patient does not have a debilitating 20   medical condition in §14201. 21   (b) The Department shall deny a designated caregiver’s application for or renewal of the 22   designated caregiver’s Registry Identification Card if the designated caregiver does not meet the 23   definition of “designated caregiver” or “primary caregiver” in the Act and these rules and regulations. Rev.    7/15/2015       74     1   (c) The Department may deny a qualifying patient’s or designated caregiver’s application 2   for or renewal of the qualifying patient’s or designated caregiver’s Registry Identification Card if the 3   qualifying patient or designated caregiver: 4   5   (1) the Act and these rules and regulations; 6   7   Previously had a Registry Identification Card revoked for not complying with (2) (d) Provides false or misleading information to the Department; or The Department shall revoke a qualifying patient’s or designated caregiver’s Registry 8   Identification Card if the qualifying patient or designated caregiver provides medical marijuana to an 9   individual who is not authorized to possess medical marijuana under the Act. 10   (e) The Department shall revoke a designated caregiver’s Registry Identification Card if 11   the designated caregiver has been convicted of an excluded felony offense as defined in these rules 12   and regulations. 13   (f) The Department may revoke a qualifying patient’s or designated caregiver’s Registry 14   Identification Card if the qualifying patient or designated caregiver knowingly violates the Act or 15   these rules and regulations. 16   17   (g) If the Department denies or revokes a qualifying patient’s Registry Identification Card, the Department shall provide written notice to the qualifying patient that includes: 18   (1) The specific reason or reasons for the denial or revocation; and 19   (2) The process for requesting a hearing of the Department’s decision pursuant to 20   Title 5 GCA, Chapter 9, Administrative Adjudication Law. 21   (h) If the Department denies or revokes a qualifying patient’s designated caregiver’s 22   Registry Identification Card, the Department shall provide written notice to the qualifying patient and 23   the designated caregiver that includes: 24   (1) Rev.    7/15/2015     The specific reason or reasons for the denial or revocation; and   75     1   (2) The process for requesting a hearing of the Department’s decision pursuant to 2   Title 5 GCA Chapter 9, Administrative Adjudication Law. 3   (i) The holder of the revoked qualifying patient’s or designated caregiver’s Registry 4   Identification Card shall return the said qualifying patient’s or designated caregiver’s Registry 5   Identification Card to the Department upon receipt of notice. 6   7   §14300. ARTICLE 3. DISPENSARIES, DISPENSARY AGENTS, CULTIVATION SITES, AND CULTIVATION SITE AGENTS. 8   §14301. Dispensary and/or Cultivation Site Responsible Officials. 9   (a) For the purposes of these rules and regulations, in addition to the individual or 10   individuals identified in the dispensary’s and/or cultivation site’s by-laws as responsible officials of 11   the dispensary and/or cultivation site, the following individuals are considered responsible officials: 12   13   14   15   16   17   18   (1) If an individual is applying for a Dispensary Registration Certificate or a Cultivation Site Registration Certificate, the individual; (2) If a corporation is applying for a Dispensary Registration Certificate or a Cultivation Site Registration Certificate, two individuals who are officers of the corporation; (3) If a partnership is applying for a Dispensary Registration Certificate or a Cultivation Site Registration Certificate, two of the individuals who are partners; (4) If a limited liability company is applying for a Dispensary Registration 19   Certificate or a Cultivation Site Registration Certificate, a manager or, if the limited liability 20   company does not have a manager, an individual who is a member of the limited liability 21   company; 22   (5) If an association or cooperative is applying for a Dispensary Registration 23   Certificate or a Cultivation Site Registration Certificate, two individuals who are members of 24   the governing board of the association or cooperative; Rev.    7/15/2015       76     1   (6) If a joint venture is applying for a Dispensary Registration Certificate or a 2   Cultivation Site Registration Certificate, two of the individuals who signed the joint venture 3   agreement; and 4   (7) If a business organization type other than those described in subsections (a)(2) 5   through (a)(6) is applying for a Dispensary Registration Certificate and/or a Cultivation Site 6   Registration Certificate, two individuals who are members of the business organization. 7   (b) For purposes of these rules and regulations, in addition to the individual(s) identified 8   in the dispensary’s or cultivation site’s by-laws as board members of the dispensary or cultivation site, 9   the following individuals are considered board members: 10   11   12   13   14   (1) If a corporation is applying for a Dispensary Registration Certificate or a Cultivation Site Registration Certificate, the officers of the corporation; (2) If a partnership is applying for a Dispensary Registration Certificate or a Cultivation Site Registration Certificate, the partners; (3) If a limited liability company is applying for a Dispensary Registration 15   Certificate or a Cultivation Site Registration Certificate, the members of the limited liability 16   company; 17   (4) If an association or cooperative is applying for a Dispensary Registration 18   Certificate or a Cultivation Site Registration Certificate, the members of the association or 19   cooperative; 20   (5) If a joint venture is applying for a Dispensary Registration Certificate or a 21   Cultivation Site Registration Certificate, the individuals who signed the joint venture 22   agreement; and 23   24   (6) If a business organization type other than the types of business organizations in subsections (b)(1) through (b)(5), the members of the business organization. Rev.    7/15/2015       77     1   (c) When a dispensary or cultivation site is required by these rules and regulations to 2   provide information, sign documents, or ensure actions are taken, the individual(s) in subsection (a) 3   shall comply with the requirement on behalf of the dispensary or cultivation site. 4   5   6   §14302. Dispensary Registration Certificate and/or Cultivation Site Registration Certificate Allocation Process. (a) Each calendar year beginning in 2016, the Department shall review current valid 7   Dispensary Registration Certificates and/or Cultivation Site Registration Certificates to determine if 8   the Department may issue additional Dispensary Registration Certificates and/or Cultivation Site 9   Registration Certificates pursuant to these rules and regulations. 10   (1) If the Department determines the need to issue additional Dispensary 11   Registration Certificates and/or Cultivation Site Registration Certificates, the Department shall 12   post, on the Department’s website, the information that the Department is accepting 13   Dispensary Registration Certificate and/or Cultivation Site Registration Certificate 14   applications, including the deadline for accepting the applications. 15   16   (A) The Department shall post the information in subsection (a)(1) at least 30 calendar days before the date the Department begins accepting applications. 17   (B) The deadline for submission of Dispensary Registration Certificate 18   and/or Cultivation Site Registration Certificate applications is 10 working days after 19   the date the Department begins accepting applications. 20   (C) Sixty working days after the date the Department begins accepting 21   applications, the Department shall determine if the Department received more 22   Dispensary Registration Certificate and/or a Cultivation Site Registration Certificate 23   applications that are complete and in compliance with the Act and these rules and 24   regulations to participate in the allocation process than the Department is allowed to 25   issue. Rev.    7/15/2015       78     1   (i) If the Department received more Dispensary Registration 2   Certificate and/or Cultivation Site Registration Certificate applications than 3   the Department is allowed to issue, the Department shall allocate any available 4   Dispensary Registration Certificate(s) and/or a Cultivation Site Registration 5   Certificate(s) according to the priorities established in §14302(b). 6   (ii) If the Department is allowed to issue a Dispensary Registration 7   Certificate and/or Cultivation Site Registration Certificate for each Dispensary 8   Registration Certificate and/or a Cultivation Site Registration Certificate 9   application the Department received, the Department shall allocate the 10   Dispensary Registration Certificate and/or a Cultivation Site Registration 11   Certificate to those applicants. 12   (2) If the Department determines that the Department is not allowed to issue 13   additional Dispensary Registration Certificate(s) and/or a Cultivation Site Registration 14   Certificate(s), the Department shall, on the Department’s website: 15   (A) Post the information that the Department is not accepting Dispensary 16   Registration Certificate and/or a Cultivation Site Registration Certificate applications, 17   and 18   19   (B) (b) Maintain the information until the next review. Beginning in 2016, if the Department receives, by 60 working days after the date the 20   Department begins accepting applications, more Dispensary Registration Certificate and/or 21   Cultivation Site Registration Certificate applications that are complete and are in compliance with the 22   Act and these rules and regulations to participate in the allocation process than the Department is 23   allowed to issue, the Department shall allocate the Dispensary Registration Certificate(s) and/or 24   Cultivation Site Registration Certificate(s) according to the following criteria: Rev.    7/15/2015       79     1   (1) If Dispensary Registration Certificate and/or Cultivation Site Registration 2   Certificate applications are received for a village that does not contain a dispensary and/or 3   cultivation site: 4   (A) If only one Dispensary Registration Certificate and/or a Cultivation 5   Site Registration Certificate application for a dispensary and/or cultivation site located 6   in the village is received, the Department shall allocate the Dispensary Registration 7   Certificate and/or Cultivation Site Registration Certificate to that applicant; or 8   (B) If more than one Dispensary Registration Certificate and/or 9   Cultivation Site Registration Certificate application for a dispensary and/or cultivation 10   site located in the village is received, the Department shall prioritize and allocate a 11   Dispensary Registration Certificate and/or Cultivation Site Registration Certificate to 12   an applicant whose proposed dispensary and/or cultivation site location will provide 13   services to the most qualifying patients based on: 14   (i) The number of Registry Identification Cards issued to 15   qualifying patients who reside within the CHAA of the applicant’s proposed 16   dispensary location, and 17   (ii) The number of dispensaries and/or cultivation site operating 18   within the CHAA of the applicant’s proposed dispensary and/or cultivation 19   site location; 20   (2) If there are additional Dispensary Registration Certificates and/or Cultivation 21   Site Registration Certificates available after Dispensary Registration Certificates and/or a 22   Cultivation Site Registration Certificates are allocated according to subsection (b)(1), the 23   Department shall allocate the Dispensary Registration Certificates and/or Cultivation Site 24   Registration Certificates as follows: Rev.    7/15/2015       80     1   (A) The Department shall prioritize and assign a Dispensary Registration 2   Certificate and/or Cultivation Site Registration Certificate allocation to a CHAA based 3   on which CHAA has the most Registry Identification Cards issued to qualifying 4   patients who reside within the CHAA; 5   (B) If the Department receives only one Dispensary Registration 6   Certificate and/or Cultivation Site Registration Certificate application for a dispensary 7   and/or cultivation site located in a CHAA assigned a Dispensary Registration 8   Certificate and/or a Cultivation Site Registration Certificate allocation under this 9   subsection, the Department shall allocate the Dispensary Registration Certificate 10   and/or Cultivation Site Registration Certificate to that applicant; 11   (C) If the Department receives more than one Dispensary Registration 12   Certificate and/or Cultivation Site Registration Certificate application for a dispensary 13   and/or cultivation site located in a CHAA assigned a Dispensary Registration 14   Certificate and/or Cultivation Site Registration Certificate allocation under this 15   subsection, the Department shall prioritize and allocate Dispensary Registration 16   Certificate and/or Cultivation Site Registration Certificate to an applicant whose 17   proposed dispensary and/or cultivation site location will provide dispensary services to 18   the most qualifying patients based on: 19   (i) The number of Registry Identification Cards issued to 20   qualifying patients who reside within the CHAA of the applicant’s proposed 21   dispensary location, and 22   (ii) 23   24   25   The number of dispensaries operating within the CHAA of the applicant’s proposed dispensary and/or cultivation site location; (3) If there are additional Dispensary Registration Certificates and/or Cultivation Site Registration Certificates available after Dispensary Registration Certificates and/or Rev.    7/15/2015       81     1   Cultivation Site Registration Certificates are allocated according to subsections (b)(1) and (2), 2   for all Dispensary Registration Certificate and/or Cultivation Site Registration Certificate 3   applications not allocated a Dispensary Registration Certificate and/or Cultivation Site 4   Registration Certificate pursuant to subsections (b)(1) and (2) and any other Dispensary 5   Registration Certificate and/or Cultivation Site Registration Certificate applications received, 6   the Department shall prioritize and allocate a Dispensary Registration Certificate and/or 7   Cultivation Site Registration Certificate to an applicant whose proposed dispensary and/or 8   cultivation site location will provide dispensary services to the most qualifying patients based 9   on: 10   (A) The number of Registry Identification Cards issued to qualifying 11   patients who reside within the CHAA of the applicant’s proposed dispensary location, 12   and 13   (B) The number of dispensaries operating within the CHAA of the 14   applicant’s proposed dispensary location; and 15   (4) If there is a tie generated by applying the criteria in subsection (b), the 16   Department shall randomly select by lottery one Dispensary Registration Certificate and/or 17   Cultivation Site Registration Certificate application and allocate a Dispensary Registration 18   Certificate and/or Cultivation Site Registration Certificate to that applicant. 19   (c) If the Department does not allocate a Dispensary Registration Certificate and/or 20   Cultivation Site Registration Certificate to an applicant that had submitted a Dispensary Registration 21   Certificate and/or Cultivation Site Registration Certificate application that the Department determined 22   was complete and in compliance with the Act and these rules and regulations to participate in the 23   allocation process, the Department shall: 24   25   (1) Provide a written notice to the applicant that states that, although the applicant’s Dispensary Registration Certificate and/or Cultivation Site Registration Certificate Rev.    7/15/2015       82     1   application was complete and complied with the Act and these rules and regulations, the 2   Department did not allocate the applicant a Dispensary Registration Certificate and/or 3   Cultivation Site Registration Certificate under the processes in this Section; and 4   5   (2) (d) Return $1,000 of the application fee to the applicant. If the Department receives a Dispensary Registration Certificate and/or Cultivation 6   Site Registration Certificate application at a time other than the time stated in §14302 (b), the 7   Department shall not accept the Dispensary Registration Certificate and/or Cultivation Site 8   Registration Certificate application, including the application fee, to the entity that submitted the 9   Dispensary Registration Certificate and/or Cultivation Site Registration Certificate application. 10   11   12   §14303. Applying for a Dispensary Registration Certificate and/or Cultivation Site Registration Certificate. (a) A Responsible Official applying to register a facility must provide to the Department: 13   (1) An application on a form prescribed by the Department; 14   (2) The applicable fee as specified in §14102 ; 15   (3) Documentation that demonstrates the facility is registered as a business or has 16   filed an application to register as a business with the Department of Revenue and Taxation. A 17   facility must maintain a current registration or license as a business with the Department of 18   Revenue and Taxation in order to receive or maintain registration; 19   20   (4) Documentation that shows the current zoning of the location of the proposed (5) Documentation, on a form prescribed by the Department, with the applicant’s facility; 21   22   affirmation that the proposed facility is not within 1,000 feet of the real property comprising a 23   school; 24   25   (6) Information and fingerprints required for a criminal background check in accordance with these rules and regulations; and Rev.    7/15/2015       83     1   2   3   4   (7) (b) Proof that the Responsible Official is a resident of Guam. An application for the registration of a facility must be submitted by a Responsible Official. (c) Applications will be reviewed in the order they are received by the Department. An 5   application is considered received as of the date and time that payment of fees is authorized by the 6   entity or the Responsible Official to pay the fees. 7   (d) The Department shall reject an incomplete application submitted. A person may re- 8   submit an application that was returned as incomplete at any time. An application that is rejected as 9   incomplete must be treated by the Department as if it was never received. An application is considered 10   incomplete if: 11   (1) An application does not contain all the requested information in the form; 12   (2) The applicant does not submit the required documentation described in these 13   rules and regulations; or 14   15   (3) (e) The application and registration fees are not paid. A Responsible Official who wishes to register more than one location must submit a 16   separate application, registration fees, and all documentation described in these rules and regulations 17   for each location. 18   (f) At the time of application the Responsible Official may be asked, by the Department, 19   to sign an authorization waiving the confidentiality of the location of the facility and permitting the 20   Department to make the location and name of the facility available to authorized and official 21   personnel, as determined by the Director, if the facility is registered. 22   23   24   (g) An individual shall not be an applicant or responsible official on: (1) More than one Dispensary Registration Certificate and/or Cultivation Site Registration Certificate application for a location in a single CHAA, or Rev.    7/15/2015       84     1   (2) More than two Dispensary Registration Certificate and/or Cultivation Site 2   Registration Certificate applications for locations in different CHAAs. 3   (h) If the Department determines that an individual is an applicant, responsible official 4   on more than one Dispensary Registration Certificate and/or Cultivation Site Registration Certificate 5   application for a CHAA or more than two Dispensary Registration Certificate and/or Cultivation Site 6   Registration Certificate applications, the Department shall review the applications and provide the 7   applicant on each of the Dispensary Registration Certificate and/or Cultivation Site Registration 8   Certificate applications with a written comprehensive request for more information that includes the 9   specific requirements in the Act and these rules and regulations that the Dispensary Registration 10   Certificate and/or Cultivation Site Registration Certificate application does not comply with. 11   (1) If an applicant withdraws an application to comply with these rules and 12   regulations and submits information demonstrating compliance with the Act and these rules 13   and regulations, the Department shall process the applicant’s remaining Dispensary 14   Registration Certificate and/or Cultivation Site Registration Certificate applications according 15   to these rules and regulations. 16   (2) If an applicant does not withdraw an application or submit information 17   demonstrating compliance with the Act and these rules and regulations, the Department shall 18   issue a denial to the applicant according to §14321. 19   (3) An application fee submitted with a Dispensary Registration Certificate and/or 20   Cultivation Site Registration Certificate application in subsection (b) that is withdrawn is not 21   refunded. 22   (i) 23   24   To apply for a Dispensary Registration Certificate and/or Cultivation Site Registration Certificate, an entity shall submit to the Department the following: (1) 25   An application in a Department provided format that includes: (A) Rev.    7/15/2015     The legal name of the dispensary and/or cultivation site;   85     1   2   (B) The physical address of the proposed dispensary and/or cultivation (C) The following information for the entity applying: site; 3   4   (i) Name; 5   (ii) Type of business organization; 6   (iii) Mailing address; 7   (iv) Telephone number; 8   (v) E-mail address; 9   (vi) Vicinity map; 10   (vii) Floor plan, which includes, but is not limited to the following: 11   (aa) Security systems, 12   (bb) Alarm systems, 13   (cc) Video camera surveillance systems, 14   (dd) Motion sensors, and 15   (ee) Location of all means of entry; 16   (viii) Personnel listing, including positions and responsibilities; 17   (ix) Type of security and alarm present (including alarm system 18   contract agreement and listing of authorized personnel); and 19   (x) 20   (D) Stand-by power source; The name of the individual designated to submit dispensary agent 21   and/or cultivation site agent Registry Identification Card applications on behalf of the 22   dispensary and/or cultivation site; 23   24   (E) The name and Guam board of professional license number of the dispensary’s medical director; 25   (F) Rev.    7/15/2015     The name, residential and mailing address, and date of birth of each:   86     1   (i) Responsible official; 2   (ii) Dispensary agent and/or cultivation site agent, 3   (iii) Employee, and 4   (iv) Volunteer; 5   (G) 6   For each responsible official, whether the responsible official: (i) Has served as a responsible official for a dispensary and/or 7   cultivation site that had the Dispensary Registration Certificate and/or 8   Cultivation Site Registration Certificate revoked; 9   (ii) 10   qualifying patients; 11   (iii) Is a law enforcement officer; or 12   (iv) Is employed by or a contractor of the Department; 13   14   (H) Is a physician currently providing written certifications for Whether the entity agrees to allow the Department to submit supplemental requests for information; 15   (I) A statement that, if the dispensary and/or cultivation site is issued a 16   Dispensary Registration Certificate and/or Cultivation Site Registration Certificate, the 17   dispensary and/or cultivation site will not operate until the dispensary and/or 18   cultivation site is inspected and obtains a License to Operate a Dispensary or 19   Cultivation Site from the Department; 20   (J) An attestation that the information provided to the Department to 21   apply for a Dispensary Registration Certificate and/or Cultivation Site Registration 22   Certificate is true and correct; and 23   24   (K) The signatures of the responsible officials of the dispensary and/or cultivation site according to §14301(a) and the date the responsible officials signed; Rev.    7/15/2015       87     1   (2) If the entity applying is one of the business organizations in §14301(a)(2) 2   through (7), a copy of the business organization’s articles of incorporation, articles of 3   organization, or partnership or joint venture documents that include: 4   (A) The name of the business organization, 5   (B) The type of business organization, and 6   (C) The names and titles of the individuals in §14301(a) and (b); 7   (3) 8   9   10   For each responsible official: (A) An attestation signed and dated by the responsible official that the responsible official has not been convicted of an excluded felony offense as defined in these rules and regulations; and 11   (B) For the Department’s criminal records as follows: 12   (i) Police clearance; 13   (ii) Court clearance; 14   (iii) The responsible official’s fingerprints on a fingerprint card that includes the following information of the responsible official’s: 15   16   (aa) 17   suffix, if applicable; 18   (bb) Signature; 19   (cc) If different from the responsible official, the signature First name; middle initial, if applicable; last name; and 20   of the individual physically rolling the responsible official’s 21   fingerprints; 22   (dd) Rev.    7/15/2015     Residential and mailing address;   88     1   (ee) If applicable, the responsible official’s surname 2   before marriage and any names previously used by the responsible 3   official; 4   (ff) Date of birth; 5   (gg) Social Security number; 6   (hh) Citizenship status; 7   (ii) Gender; 8   (jj) Ethnicity; 9   (kk) Height; 10   (ll) Weight; 11   (mm) Hair color; 12   (nn) Eye color; and 13   (oo) Place of birth; or 14   (iv) If the fingerprints and information required in subsection 15   (c)(3)(B)(iii) were submitted to the Department as part of an application for a 16   designated caregiver, dispensary, dispensary agent, cultivation site, or 17   cultivation site agent Registry Identification Card within the previous six 18   months, the registry identification number on the Registry Identification Card 19   issued to the responsible official as a result of the application; 20   21   (4) Policies and procedures that comply with the requirements in these rules and regulations for: 22   (A) Inventory control, 23   (B) Qualifying patient recordkeeping, 24   (C) Security, 25   (D) Patient education and support; and Rev.    7/15/2015       89     1   2   (E) (5) Quality control and assurance; As required in the Act and these rules and regulations, a sworn statement 3   signed and dated by the individual or individuals in §14301(a) certifying that the dispensary 4   and/or cultivation site is in compliance with any local zoning restrictions; 5   6   (6) dispensary’s and/or cultivation site’s proposed physical address is located that: 7   8   Documentation from the Guam Department of Land Management where the (A) There are no local zoning restrictions for the dispensary’s and/or cultivation site’s location, or 9   (B) The dispensary’s and/or cultivation site’s location is in compliance 10   with any local zoning restrictions; 11   (7) Documentation of: 12   (A) 13   cultivation site, or 14   (B) Ownership of the physical address of the proposed dispensary and/or Permission from the owner of the physical address of the proposed 15   dispensary and/or cultivation site for the entity applying for a Dispensary Registration 16   Certificate and/or Cultivation Site Registration Certificate to operate a dispensary 17   and/or cultivation site at the physical address; 18   (8) 19   20   The dispensary’s and/or cultivation site’s by-laws including: (A) The names and titles of individuals designated as responsible official of the dispensary and/or cultivation site; 21   (B) Whether the dispensary and/or cultivation site plans to: 22   (i) Cultivate marijuana; 23   (ii) Acquire marijuana from qualifying patients, designated 24   caregivers, or other dispensaries and/or cultivation site; Rev.    7/15/2015       90     1   (iii) 2   Sell or provide marijuana to other dispensaries and/or cultivation site; 3   (iv) Transport marijuana; 4   (v) Prepare, sell, or dispense marijuana-infused edible food 5   products; 6   (vi) 7   Prepare, sell, or dispense marijuana-infused non-edible products; 8   (vii) 9   Sell or provide marijuana paraphernalia or other supplies related to the administration of marijuana to qualifying patients and designated 10   caregivers; 11   (viii) Deliver medical marijuana to qualifying patients; or 12   (ix) Provide patient support and related services to qualifying 13   patients; and 14   (C) 15   laws; 16   (9) 17   Provisions for amending the dispensary’s and/or cultivation site by- A business plan demonstrating the on-going viability of the dispensary and/or cultivation site that includes: 18   (A) A description and total dollar amount of expenditures already incurred 19   to establish the dispensary and/or cultivation site or to secure a Dispensary 20   Registration Certificate and/or Cultivation Site Registration Certificate by the 21   individual or business organization applying for the Dispensary Registration 22   Certificate and/or Cultivation Site Registration Certificate, 23   (B) A description and total dollar amount of monies or tangible assets 24   received for operating the dispensary and/or cultivation site from entities other than 25   the individual applying for the Dispensary Registration Certificate and/or Cultivation Rev.    7/15/2015       91     1   Site Registration Certificate or a responsible official associated with the dispensary 2   and/or cultivation site including the entity’s name and the interest in the dispensary 3   and/or cultivation site or the benefit the entity obtained, 4   (C) 5   cultivation site is operational, 6   (D) 7   Projected expenditures after the dispensary and/or cultivation site is operational, and 8   (E) 9   10   Projected expenditures expected before the dispensary and/or (10) Projected revenue; and The applicable fee in §14102 for applying for a Dispensary Registration Certificate and/or Cultivation Site Registration Certificate. 11   (11) Upon a satisfactory showing to the Director by a responsible official that any 12   records, reports, or information, or particular part thereof, to which the Director has access 13   pursuant to these rules and regulations, contain information of a confidential nature, including 14   information concerning secret processes or methods of manufacture, these records, reports, or 15   information shall be kept confidential except that such records, reports, or information may be 16   disclosed to other local and federal representatives in their official capacity concerned with 17   carrying out these rules and regulations or when relevant in any proceeding pursuant to these 18   rules and regulations. The contents of a Dispensary Registration Certificate and/or Cultivation 19   Site Registration Certificate itself or monitoring data shall not be entitled to confidentiality 20   protection pursuant to the Act and these rules and regulations. 21   (j) Before an entity with a Dispensary Registration Certificate and/or Cultivation Site 22   Registration Certificate begins operating a dispensary and/or cultivation site, the entity shall apply for 23   and obtain a License to Operate a Dispensary or Cultivation Site from the Department. 24   25   (k) Before an entity with a Dispensary Registration Certificate and/or Cultivation Site Registration Certificate begins operating a dispensary and/or cultivation site, the Responsible Official Rev.    7/15/2015       92     1   shall ensure that the proposed dispensary and/or cultivation site are in compliance with these rules and 2   regulations, including but not limited to: 3   (1) Installation of a security system, including a video surveillance system, and 4   alarm system that are all operational, and installation of a safe in accordance with these rules 5   and regulations. 6   (2) 7   Having policies and procedures for training for employees on the its policies and procedures, in accordance with these rules and regulations; 8   (3) Record keeping for employee training; 9   (4) Identification of at least one laboratory that will perform the testing required 10   by the Director; 11   (5) 12   with these rules and regulations; and 13   (6) 14   15   Having a fully operational electronic data management system in accordance (l) Having packaging and labeling that complies these rules and regulations. A person may not establish, conduct, maintain, manage or operate a facility unless the facility has been registered by the Department under these rules. 16   (m) Nothing in these rules and regulations exempts a Responsible Official, an employee of 17   a registered facility, or a registered facility from complying with these rules and regulations, or any 18   other applicable local, state, or federal laws. 19   20   (n) possible criminal prosecution under federal law. §14304. Applying for Approval of a License to Operate a Dispensary or Cultivation 21   22   23   24   Registration of a facility does not protect a Responsible Official or employees from Site. (a) To apply for approval of a License to Operate a Dispensary or Cultivation Site, a person holding a Dispensary Registration Certificate and/or Cultivation Site Registration Certificate Rev.    7/15/2015       93     1   shall submit to the Department, at least 60 calendar days before the expiration of the Dispensary 2   Registration Certificate and/or Cultivation Site Registration Certificate, the following: 3   (1) 4   5   An application in a Department provided format that includes: (A) The name and registry identification number of the dispensary and/or cultivation site; 6   (B) The physical address of the dispensary and/or cultivation site; 7   (C) The name, address, and date of birth of each dispensary agent and/or 8   cultivation site agent; 9   10   (D) The name and Guam board of professional license number of the dispensary’s medical director; 11   (E) 12   or cultivation site; 13   (F) 14   If applicable, the physical address of the dispensary’s cultivation site The dispensary’s and/or cultivation site’s Business Privilege Tax Number issued by the Guam Department of Revenue and Taxation; 15   (G) The dispensary’s proposed hours of operation during which the 16   dispensary plans to be available to dispense medical marijuana to qualifying patients 17   and designated caregivers; 18   19   (H) Department to submit supplemental requests for information; 20   21   Whether the dispensary and/or cultivation site agrees to allow the (I) Whether the dispensary and, if applicable, the dispensary’s cultivation site or cultivation site are ready for an inspection by the Department; 22   (J) If the dispensary and, if applicable, the dispensary’s cultivation site or 23   cultivation site are not ready for an inspection by the Department, the date the 24   dispensary and, if applicable, the dispensary’s cultivation site or cultivation site will be 25   ready for an inspection at a later date as scheduled by the Department; Rev.    7/15/2015       94     1   (K) An attestation that the information provided to the Department to 2   apply for approval to operate a dispensary and/or cultivation site is true and correct; 3   and 4   (L) The signatures of the responsible official of the dispensary and/or 5   cultivation site according to §14301(a) and the date the responsible officials signed; 6   (2) A copy of documentation issued by the applicable government of Guam 7   agency to the dispensary and/or cultivation site authorizing occupancy of the building as a 8   dispensary and, if applicable, as the dispensary’s cultivation site or cultivation site, such as a 9   certificate of occupancy, a special use permit, or a conditional use permit; 10   (3) A sworn statement signed and dated by the individual(s) in §14301(a) 11   certifying that the dispensary and/or cultivation site is in compliance with local zoning 12   restrictions; 13   (4) The distance to the closest school from: 14   (A) The dispensary and/or cultivation site; and 15   (B) If applicable, the dispensary’s cultivation site or cultivation site; 16   (5) A site plan drawn to scale of the dispensary and/or cultivation site location 17   showing streets, property lines, buildings, parking areas, outdoor areas if applicable, fences, 18   security features, fire hydrants if applicable, and access to water mains; 19   20   (6) A floor plan drawn to scale of the building where the dispensary and/or cultivation site, if applicable, is located showing the: 21   (A) Layout and dimensions of each room, 22   (B) Name and function of each room, 23   (C) Location of each hand washing sink, 24   (D) Location of each toilet room, 25   (E) Means of egress, Rev.    7/15/2015       95     1   (F) Location of each video camera, alarm system, motion sensor, 2   (G) Location of standby power source; 3   (H) Location of each panic button, and 4   (I) Location of natural and artificial lighting sources; 5   (b) A dispensary’s cultivation site or cultivation site may be located anywhere in Guam 6   where a cultivation site is allowed by the Act, these rules and regulations, and other governing 7   government of Guam agencies. 8   9   10   11   12   §14305. Changes to a Dispensary Registration Certificate and/or Cultivation Site Registration Certificate. (a) A dispensary and/or cultivation site shall not transfer or assign the Dispensary Registration Certificate and/or Cultivation Site Registration Certificate to another location. (b) A dispensary, dispensary cultivation site, or cultivation site shall not cultivate, 13   manufacture, distribute, dispense, or sell medical marijuana at a new location until the dispensary 14   and/or cultivation site submits an application for a change in a dispensary and/or cultivation site 15   location or a change or addition of a cultivation site in §14306 and the Department issues a new 16   Dispensary Registration Certificate and/or Cultivation Site Registration Certificate for the new 17   location. 18   19   20   §14306. Applying to Change a Dispensary’s and/or Cultivation Site’s Location or Change or Add a Dispensary’s Cultivation Site or Cultivation Site. (a) To change the location of a dispensary, dispensary’s cultivation site, or cultivation site, 21   or to add a cultivation site, the dispensary and/or cultivation site shall submit an application to the 22   Department that includes: 23   (1) 24   The following information in a Department provided format: (A) Rev.    7/15/2015     The legal name of the dispensary and/or cultivation site;   96     1   2   (B) The registry identification number for the dispensary and/or cultivation (C) Whether the request is for: site ; 3   4   (i) A change of location for the dispensary and/or cultivation site, 5   (ii) A change of location for the dispensary’s cultivation site 6   and/or cultivation site, or 7   (iii) 8   9   (D) The current physical address of the dispensary, dispensary’s cultivation site, and/or cultivation site; 10   11   An addition of a cultivation site; (E) The physical address of the proposed location for the dispensary, dispensary’s cultivation site, and/or cultivation site; 12   (F) 13   14   The distance to the closest public or private school from: (i) The proposed location for the dispensary and/or cultivation (ii) The proposed location for the dispensary’s cultivation site site, or 15   16   and/or cultivation site; 17   (G) The name of the entity applying; 18   (H) If applicable, the anticipated date of the change of location; 19   (I) Whether the proposed dispensary, dispensary’s proposed cultivation 20   site, and/or cultivation site is ready for an inspection by the Department; 21   (J) If the proposed dispensary, dispensary’s proposed cultivation site, 22   and/or proposed cultivation site is not ready for an inspection by the Department, the 23   date the dispensary, dispensary’s cultivation site, and/or cultivation site will be ready 24   for an inspection by the Department; Rev.    7/15/2015       97     1   2   (K) An attestation that the information provided to the Department to apply for a change in location is true and correct; and 3   (L) The signature of the individual or individuals in §14301(a) and the 4   date the individual(s) signed; 5   (2) A copy of documentation issued by the local jurisdiction to the dispensary 6   and/or cultivation site authorizing occupancy of the proposed building as a dispensary, 7   dispensary’s cultivation site, or cultivation site, such as a certificate of occupancy, a special 8   use permit, or a conditional use permit; 9   (3) A sworn statement signed by the individual(s) in §14301(a) certifying that the 10   building where the proposed dispensary, dispensary’s proposed cultivation site, or cultivation 11   site will be located is in compliance with local zoning restrictions; 12   13   (4) If the change in location is for the dispensary, dispensary’s cultivation site, or cultivation site: 14   (A) A site plan drawn to scale of the proposed dispensary, dispensary’s 15   cultivation site, or cultivation site location showing streets, property lines, buildings, 16   parking areas, outdoor areas if applicable, fences, security features, fire hydrants if 17   applicable, and access to water mains; and 18   19   (B) A floor plan drawn to scale of the building where the proposed dispensary, dispensary’s cultivation site, or cultivation site is located showing the: 20   (i) Layout and dimensions of each room, 21   (ii) Name and function of each room, 22   (iii) Location of each hand washing sink, 23   (iv) Location of each toilet room, 24   (v) Means of egress, 25   (vi) Location of each video camera, alarm system, motion sensor, Rev.    7/15/2015       98     1   (vii) Location of standby power source, 2   (viii) Location of each panic button, and 3   (viii) Location of natural and artificial lighting sources; 4   (5) 5   cultivation site. 6   (b) The applicable fee in §14102 for applying for a change in location or adding a If the information and documents submitted by the dispensary and/or cultivation site 7   comply with the Act and these rules and regulations, the Department shall issue a new Dispensary 8   Registration Certificate and/or Cultivation Site Registration Certificate that includes the new 9   address of the new location and new expiration date of the issued Dispensary Registration 10   11   Certificate and/or Cultivation Site Registration Certificate. (c) An application for a change in location of a dispensary, dispensary’s cultivation site, 12   or cultivation site or the addition of a cultivation site may not be combined with an application for 13   renewing a Dispensary Registration Certificate and/or Cultivation Site Registration Certificate. 14   The Department shall process each application separately according to the applicable time frame 15   established in §14107. 16   (d) A dispensary and/or cultivation site shall submit written notification to the Department 17   when the dispensary and/or cultivation site no longer uses a previously approved cultivation site 18   within 24 hours or the next business day, whichever comes first, of its intention to cease operations. 19   20   21   §14307. Renewing a Dispensary Registration Certificate and/or Cultivation Site Registration Certificate. (a) An entity with a Dispensary Registration Certificate and/or Cultivation Site 22   Registration Certificate that has not submitted an application for a License to Operate a Dispensary 23   or Cultivation Site to the Department at least 60 calendar days before the expiration date of the 24   Dispensary Registration Certificate and/or Cultivation Site Registration Certificate or has not Rev.    7/15/2015       99     1   obtained a License to Operate a Dispensary or Cultivation Site issued by the Department is prohibited 2   from renewing the Dispensary Registration Certificate and/or Cultivation Site Registration 3   Certificate. 4   (b) To renew a Dispensary Registration Certificate and/or Cultivation Site 5   Registration Certificate, a dispensary and/or cultivation site that has an approval of a License to 6   Operate a Dispensary or Cultivation Site issued by the Department, shall submit to the Department, at 7   least 30 calendar days before the expiration date of the current Dispensary Registration Certificate 8   and/or Cultivation Site Registration Certificate, the following: 9   (1) An application in a Department provided format that includes: 10   (A) The legal name of the dispensary and/or cultivation site; 11   (B) The registry identification number for the dispensary and/or cultivation 13   (C) The physical address of the dispensary and/or cultivation site; 14   (D) The name of the entity applying; 15   (E) The name of the individual designated to submit dispensary agent or 12   site; 16   cultivation site agent Registry Identification Card applications on behalf of the 17   dispensary and/or cultivation site; 18   (F) The name and license number of the dispensary’s medical director; 19   (G) The dispensary’s hours of operation during which the dispensary is 20   available to dispense medical marijuana to qualifying patients and designated 21   caregivers; 22   (H) 23   The name, address, date of birth, and registry identification number of each: 24   (i) Responsible official, 25   (ii) Dispensary agent and/or cultivation site agent, Rev.    7/15/2015       100     1   (iii) Employee, and 2   (iv) Volunteer; 3   (I) 4   For each responsible official, whether the responsible official: (i) Has served as a responsible official for a dispensary and/or 5   cultivation site that had the Dispensary Registration Certificate and/or 6   Cultivation Site Registration Certificate revoked, 7   (ii) 8   qualifying patients, 9   (iii) Is a law enforcement officer, or 10   (iv) Is employed by or a contractor of the Department; 11   12   (J) The dispensary’s and/or cultivation site Business License number issued by the Guam Department of Revenue and Taxation; 13   14   Is a physician currently providing written certifications for (K) Whether the dispensary and/or cultivation site agrees to allow the Department to submit supplemental requests for information; 15   (L) An attestation that the information provided to the Department to 16   renew the Dispensary Registration Certificate and/or Cultivation Site Registration 17   Certificate is true and correct; and 18   (M) 19   individual(s) signed; 20   (2) The signature of the individual(s) in §14301(a) and the date the If the application is for renewing a Dispensary Registration Certificate 21   and/or Cultivation Site Registration Certificate that was initially issued within the previous 22   12 months, a copy of the dispensary’s and/or cultivation site’s approval of a License to 23   Operate a Dispensary or Cultivation Site issued by the Department; Rev.    7/15/2015       101     1   (3) A copy of an annual financial statement for the previous year, or for the 2   portion of the previous year the dispensary and/or cultivation site was operational, prepared 3   according to generally accepted accounting principles; 4   (4) 5   A report of an audit by an independent certified public accountant of the annual financial statement required in subsection (b)(3); and 6   (5) The applicable fee in §14102 for applying to renew a Dispensary 7   Registration Certificate and/or Cultivation Site Registration Certificate. 8   §14308. Inspections. 9   (a) Submission of an application for a Dispensary Registration Certificate and/or 10   Cultivation Site Registration Certificate constitutes permission for entry to and inspection of the 11   dispensary, dispensary’s cultivation site, or cultivation site. 12   (b) Except as provided in subsection (c), on onsite inspection of a dispensary, dispensary’s 13   cultivation site, or cultivation site shall occur at a date and time agreed to by the dispensary, 14   dispensary’s cultivation site, or cultivation site and the Department that is no later than five (5) 15   working days after the date the Department submits a written request to the dispensary, dispensary’s 16   cultivation site, or cultivation site to schedule the certification or compliance inspection, unless the 17   Department agrees to a later date and time. 18   (c) If the Department receives an allegation of a dispensary, dispensary’s cultivation site, 19   or cultivation site’s noncompliance with the Act or these rules and regulations, the Department may 20   conduct and unannounced inspection of the dispensary, dispensary’s cultivation site, or cultivation 21   site. 22   23   (d) If the Department identifies a violation of the Act and these rules and regulations during an inspection of a dispensary, dispensary’s cultivation site, or cultivation site: Rev.    7/15/2015       102     1   (1) The Department shall provide the dispensary, dispensary’s cultivation site, or 2   cultivation site with a written notice that includes the specific rule or statute that was violated; 3   and 4   (2) The dispensary, dispensary’s cultivation site, or cultivation site shall notify the 5   Department in writing, with a postmark date within 10 working days after the date of the 6   notice of violations, identifying the corrective actions taken and the date of the correction. 7   (e) Refusal to permit the Department’s inspection by the dispensary, dispensary’s 8   cultivation site, or cultivation site shall result in the immediate revocation of the Dispensary 9   Registration Certificate and/or Cultivation Site Registration Certificate. 10   §14309. Administration. 11   (a) 12   A dispensary or cultivation site, if applicable, shall: (1) Ensure that the dispensary is operating and available to dispense medical 13   marijuana to qualifying patients and designated caregivers at least 30 hours weekly between 14   the hours of 7:00 a.m. and 10:00 p.m.; 15   (2) 16   Develop, document, and implement policies and procedures regarding: (A) Job descriptions and employment contracts, including: 17   (i) Personnel duties, authority, responsibilities, and qualifications; 18   (ii) Personnel supervision; 19   (iii) Training in and adherence to confidentiality requirements; 20   (iv) Periodic performance evaluations; 21   (v) Disciplinary actions; and 22   (vi) Personnel attestation to adhere to the Act and these rules and 23   regulations; Rev.    7/15/2015       103     1   (B) Business records, such as manual or computerized records of assets 2   and liabilities, monetary transactions, journals, ledgers, and supporting documents, 3   including agreements, checks, invoices, and vouchers; 4   (C) Inventory control, including: 5   (i) Tracking; 6   (ii) Packaging; 7   (iii) Accepting marijuana from qualifying patients and designated 8   caregivers; 9   (iv) Acquiring marijuana from other dispensaries; and 10   (v) Properly disposing of unusable marijuana in compliance with 11   applicable federal and local law, which may include submitting any unusable 12   marijuana to a local law enforcement agency; 13   (D) 14   delivery options, confidentiality, and retention; and 15   (E) 16   Availability of different strains of marijuana and the purported effects of the different strains; 18   (ii) 19   Information about the purported effectiveness of various methods, forms, and routes of medical marijuana administration; 20   (iii) 21   Methods of tracking the effects on a qualifying patient of different strains and forms of marijuana; and 22   (iv) 23   25   Patient education and support, including: (i) 17   24   Qualifying patient records, including purchases, denials of sale, any Prohibition on the smoking of medical marijuana in public places; (3) Maintain copies of the policies and procedures at the dispensary and/or cultivation site and provide copies to the Department for review upon request; Rev.    7/15/2015       104     1   (4) Review dispensary and/or cultivation site policies and procedures at least once 2   every 12 months from the issue date of the Dispensary Registration Certificate and/or 3   Cultivation Site Registration Certificate and update as needed; 4   5   6   (5) For a dispensary, employ or contract with a medical director who holds a valid Guam board of professional license; (6) Ensure that each dispensary agent and/or cultivation site agent has the 7   dispensary agent’s and/or cultivation agent’s Registry Identification Card in the dispensary 8   agent’s and/or cultivation agent’s immediate possession when the dispensary agent and/or 9   cultivation agent is: 10   (A) 11   cultivation site, or 12   (B) 13   (7) Working or providing volunteer services at the dispensary and/or the Transporting marijuana for the dispensary and/or cultivation site; Ensure that a dispensary agent or cultivation site agent accompanies any 14   individual other than another dispensary agent or cultivation site agent associated with the 15   dispensary and/or cultivation site when the individual is present in the enclosed, locked facility 16   where marijuana is cultivated by the dispensary and/or cultivation site; 17   (8) Not allow an individual who does not possess a dispensary agent or cultivation 18   site agent Registry Identification Card issued under the Dispensary Registration Certificate 19   and/or Cultivation Site Registration Certificate to: (A) Serve as a responsible official for the dispensary and/or cultivation 22   (B) Serve as the medical director for the dispensary, 23   (C) Be employed by the dispensary and/or cultivation site, or 24   (D) Provide volunteer services at or on behalf of the dispensary and/or 20   21   25   site, cultivation site; Rev.    7/15/2015       105     1   (9) Provide written notice to the Department, including the date of the event, 2   within 24 hours or the next business day, whichever comes first, after the date, when a 3   dispensary agent or cultivation site agent no longer: (A) Serves as a responsible official for the dispensary and/or cultivation 6   (B) Serves as the medical director for the dispensary, 7   (C) Is employed by the dispensary and/or cultivation site, or 8   (D) Provides volunteer services at or on behalf of the dispensary and/or 4   5   9   10   site, cultivation site; (10) Document and report any loss or theft of marijuana from the dispensary 11   and/or cultivation site to appropriate law enforcement agency and to the Department upon the 12   immediate discovery of the loss or theft; 13   (11) Maintain copies of any documentation required in these rules and regulations 14   for at least 24 months after the date on the documentation and provide copies of the 15   documentation to the Department for review upon request; 16   17   (12) Post the following information in a place that can be viewed by individuals entering the dispensary and/or cultivation site: 18   (A) If applicable, the License to Operate a Dispensary or Cultivation Site; 19   (B) The Dispensary Registration Certificate, or Cultivation Site 20   Registration Certificate; 21   (C) The name of the dispensary’s medical director and the medical 22   director’s Guam board of professional license number on a sign at least 20 centimeters 23   by 30 centimeters; and 24   25   (D) The hours of operation during which the dispensary will dispense medical marijuana to a qualifying patient or a designated caregiver; Rev.    7/15/2015       106     1   (13) Not lend any part of the dispensary’s income or property without receiving 2   adequate security, written documentation of the transaction, and a reasonable rate of interest; 3   and 4   (14) Not engage in any other transaction that results in a substantial diversion of the 5   dispensary’s or cultivation site’s income or property. 6   (b) 7   8   9   If a dispensary cultivates marijuana, the dispensary shall cultivate the marijuana in an enclosed, locked facility as required in the Act and these rules and regulations. §14310. Submitting an Application for a Dispensary Agent or Cultivation Agent Registry Identification Card. 10   Except as provided in §14107(f), to obtain a dispensary agent or cultivation site agent Registry 11   Identification Card for an individual serving as a responsible official for the dispensary or cultivation 12   site, employed by the dispensary or cultivation site, or providing volunteer services at or on behalf of 13   the dispensary or cultivation site, the dispensary or cultivation site shall submit to the Department the 14   following for each dispensary agent or cultivation site agent: 15   (a) 16   information of the dispensary agent or cultivation site agent: An application in a Department provided format that includes the following 17   (1) First name; middle initial, if applicable; last name; and suffix, if applicable; 18   (2) Residential address and mailing address; 19   (3) The village where the agent resides; 20   (4) Date of birth; 21   (5) The identifying number on the applicable card or document in subsection 22   (e)(1) through (5); 23   (6) 24   cultivation site; and Rev.    7/15/2015     The name and registry identification number of the dispensary and/or   107     1   (7) The signature of the individual in §14303(c)(1)(D) or §14307(b)(1)(E), as 2   applicable, designated to submit dispensary agent or cultivation site agent applications on the 3   dispensary’s or cultivation site’s behalf and the date the individual signed; 4   (b) An attestation signed and dated by the dispensary agent or cultivation site agent that 5   the dispensary agent or cultivation site agent has not been convicted of an excluded felony offense as 6   defined in the Act; 7   (c) 8   9   One of the following: (1) A statement that the dispensary agent or cultivation site agent does not currently hold a valid Registry Identification Card, or 10   (2) The assigned registry identification number for the dispensary agent or 11   cultivation site agent for each valid Registry Identification Card currently held by the 12   dispensary agent or cultivation site agent; 13   (d) A statement in a Department provided format signed by the dispensary agent or 14   cultivation site agent pledging not to divert marijuana to any individual who or entity that is not 15   allowed to possess marijuana pursuant to the Act and these rules and regulations; 16   (e) A copy of the dispensary agent’s: 17   (1) A valid Guam driver’s license; or 18   (2) A valid Guam identification card as approved by the Director; or 19   (3) Guam Registry Identification Card; 20   (4) Photograph page in the dispensary agent’s U.S. passport; or 21   (5) A valid photo identification card as approved by the Director, and one of the 22   following for the dispensary agent: 23   (A) Birth certificate verifying U.S. citizenship, 24   (B) U.S. Certificate of Naturalization, or 25   (C) U.S. Certificate of Citizenship; Rev.    7/15/2015       108     1   (f) A current photograph of the dispensary agent or cultivation site agent; 2   (g) For the Department’s criminal records check as follows: 3   (1) Police clearance; 4   (2) Court clearance; 5   (3) The dispensary agent’s or cultivation site agent’s fingerprints on a fingerprint 6   card that includes the following information of the dispensary agent’s or cultivation site 7   agent’s: 8   (A) 9   applicable; 10   (B) Signature; 11   (C) If different from the dispensary agent or cultivation agent, the First name; middle initial, if applicable; last name; and suffix, if 12   signature of the individual physically rolling the dispensary agent’s or cultivation site 13   agent’s fingerprints; 14   (D) Residential and mailing address; 15   (E) If applicable, the dispensary agent’s or cultivation site agent’s surname 16   before marriage and any names previously used by the dispensary agent or cultivation 17   agent; 18   (F) Date of birth; 19   (G) Social Security number; 20   (H) Citizenship status; 21   (I) Gender; 22   (J) Ethnicity; 23   (K) Height; 24   (L) Weight; Rev.    7/15/2015       109     1   (M) Hair color; 2   (N) Eye color; and 3   (O) Place of birth; or 4   (4) If the dispensary agent’s or cultivation site agent’s fingerprints and 5   information required in subsection (g)(1) were submitted to the Department within the 6   previous six months as part of an application for a designated caregiver Registry Identification 7   Card or a dispensary agent or cultivation site agent Registry Identification Card for another 8   dispensary or cultivation site, the registry identification number on the Registry Identification 9   Card issued to the dispensary agent or cultivation site as a result of the application; and 10   11   12   13   (h) The applicable fee in §14102 for applying for a dispensary agent or cultivation site agent Registry Identification Card. §14311. Submitting an Application to Renew a Dispensary Agent’s and/or Cultivation Site Agent’s Registry Identification Card. 14   To renew a dispensary agent’s and/or cultivation site agent’s Registry Identification Card for 15   an individual serving as a responsible official for the dispensary and/or cultivation site, employed by 16   the dispensary and/or cultivation site, or providing volunteer services at or on behalf of the dispensary 17   and/or cultivation site, the dispensary and/or cultivation site shall submit to the Department, at least 30 18   calendar days before the expiration of the dispensary agent’s and/or cultivation site agent’s Registry 19   Identification Card, the following: 20   21   (a) An application in a Department provided format that includes the following information of the dispensary agent’s and/or cultivation site agent’s: 22   (1) First name; middle initial, if applicable; last name; and suffix, if applicable; 23   (2) Residential and mailing address; 24   (3) The village where the dispensary agent and/or cultivation site agent resides; 25   (4) Date of birth; Rev.    7/15/2015       110     1   2   (5) The registry identification number on the dispensary agent’s and/or cultivation site agent’s current Registry Identification Card; 3   (6) 4   cultivation site; and 5   (7) The name and registry identification number of the dispensary and/or The signature of the individual in §14303(c)(1)(D) or §14307(b)(1)(E) 6   designated to submit dispensary agent and/or cultivation site agent applications on the 7   dispensary’s and/or cultivation site’s behalf and the date the individual signed; 8   (b) If the dispensary agent’s and/or cultivation site agent’s name in subsection (a)(1) is not 9   the same name as on the dispensary agent’s and/or cultivation site agent’s current Registry 10   Identification Card, one of the following with the dispensary agent’s and/or cultivation site agent’s 11   new name: 12   (1) A valid Guam driver’s license; or 13   (2) A valid Guam identification card as approved by the Director; or 14   (3) The photograph page in the dispensary agent’s U.S. passport; 15   (c) A statement in a Department provided format signed by the dispensary agent and/or 16   cultivation agent pledging not to divert marijuana to any individual who or entity that is not allowed to 17   possess marijuana pursuant to the Act and these rules and regulations; 18   (d) A current photograph of the dispensary agent and/or cultivate site agent; 19   (e) For the Department’s criminal records check as follows: 20   (1) Police clearance; 21   (2) Court clearance; 22   (3) The dispensary agent’s and/or cultivation site agent’s fingerprints on a 23   fingerprint card that includes the following information of the dispensary agent’s and/or 24   cultivation site agent’s: Rev.    7/15/2015       111     1   (A) 2   applicable; 3   (B) Signature; 4   (C) If different from the dispensary agent and/or cultivation site agent, the First name; middle initial, if applicable; last name; and suffix, if 5   signature of the individual physically rolling the dispensary agent’s and/or cultivation 6   site agent’s fingerprints; 7   (D) Residential and mailing address; 8   (E) If applicable, the dispensary agent’s and/or cultivation site agent’s 9   10   surname before marriage and any names previously used by the dispensary agent and/or cultivation site agent; 11   (F) Date of birth; 12   (G) Social Security number; 13   (H) Citizenship status; 14   (I) Gender; 15   (J) Ethnicity; 16   (K) Height; 17   (L) Weight; 18   (M) Hair color; 19   (N) Eye color; and 20   (O) Place of birth; or 21   (4) If the dispensary agent’s and/or cultivation site agent’s fingerprints and 22   information required in subsection (a)(5) were submitted to the Department within the 23   previous six months as part of an application for a designated caregiver Registry Identification 24   Card or a dispensary agent and/or cultivation site agent Registry Identification Card for Rev.    7/15/2015       112     1   another dispensary and/or cultivation site, the registry identification number on the Registry 2   Identification Card issued to the dispensary agent and/or cultivation site agent as a result of the 3   application; and 4   (f) 5   The applicable fee in §14102 for applying to renew a dispensary agent’s and/or cultivation site agent’s Registry Identification Card. 6   §14312. Medical Director. 7   (a) 8   9   A dispensary shall appoint an individual who is a practitioner to function as a medical director. (b) During a dispensary’s hours of operation, a medical director or an individual, who is a 10   practitioner and is designated by the medical director to serve as medical director in the medical 11   director’s absence, shall be: 12   (1) Onsite; or 13   (2) Able to be contacted by any means possible, such as by telephone or mobile 14   device. 15   (c) 16   A medical director shall: (1) Develop and provide training to the dispensary’s dispensary agents at least 17   once every 12 months from the initial date of the Dispensary’s Registration Certificate on the 18   following subjects: 19   (A) 20   Guidelines for providing information to qualifying patients related to risks, benefits, and side effects associated with medical marijuana; 21   (B) Guidelines for providing support to qualifying patients related to the 22   qualifying patient’s self-assessment of the qualifying patient’s symptoms, including a 23   rating scale for pain, cachexia or wasting syndrome, nausea, seizures, muscle spasms, 24   and agitation; 25   (C) Rev.    7/15/2015     Recognizing signs and symptoms of substance abuse; and   113     1   (D) Guidelines for refusing to provide medical marijuana to an individual 2   who appears to be impaired or abusing medical marijuana; and 3   (2) Assist in the development and implementation of review and improvement 4   processes for patient education and support provided by the dispensary. 5   (d) 6   7   A medical director shall provide oversight for the development and dissemination of: (1) Educational materials for qualifying patients and designated caregivers that include: 8   (A) 9   medical condition; 10   (B) Alternative medical options for the qualifying patient’s debilitating Information about possible side effects of and contraindications for 11   medical marijuana including possible impairment with use and operation of a motor 12   vehicle or heavy machinery, when caring for children, or of job performance; 13   14   (C) certification for medical marijuana if side effects or contraindications occur; 15   16   (D) (E) (F) (G) Information about different methods, forms, and routes of medical marijuana administration; 23   24   Techniques for the use of medical marijuana and marijuana paraphernalia; 21   22   Information about potential drug-to-drug interactions, including interactions with alcohol, prescription drugs, non-prescription drugs, and supplements; 19   20   A description of the potential for differing strengths of medical marijuana strains and products; 17   18   Guidelines for notifying the physician who provided the written (H) Signs and symptoms of substance abuse, including tolerance, dependency, and withdrawal; and 25   (I) Rev.    7/15/2015     A listing of substance abuse programs and referral information;   114     1   (2) A system for a qualifying patient or the qualifying patient’s designated 2   caregiver to document the qualifying patient’s pain, cachexia or wasting syndrome, nausea, 3   seizures, muscle spasms, or agitation that includes: 4   (A) A log book, maintained by the qualifying patient and or the qualifying 5   patient’s designated caregiver, in which the qualifying patient or the qualifying 6   patient’s designated caregiver may track the use and effects of specific medical 7   marijuana strains and products; 8   (B) 9   A rating scale for pain, cachexia or wasting syndrome, nausea, seizures, muscles spasms, and agitation; 10   (C) Guidelines for the qualifying patient’s self-assessment or, if 11   applicable, assessment of the qualifying patient by the qualifying patient’s designated 12   caregiver; and 13   (D) Guidelines for reporting usage and symptoms to the physician 14   providing the written certification for medical marijuana and any other treating 15   physicians; and 16   (3) Policies and procedures for refusing to provide medical marijuana to an 17   individual who appears to be impaired or abusing medical marijuana. 18   (e) 19   A medical director for a dispensary shall not provide a written certification for medical marijuana for any qualifying patient. 20   §14313. Dispensing Medical Marijuana. 21   Before a dispensary agent dispenses medical marijuana to a qualifying patient or a designated 22   23   caregiver, the dispensary agent shall: (a) Verify the qualifying patient’s or the designated caregiver’s identity through physical 24   examination of a valid photo identification card, in addition to the qualifying patient’s or designated 25   caregiver’s Registry Identification Card, Rev.    7/15/2015       115     1   (b) Offer any appropriate patient education or support materials, 2   (c) Enter the qualifying patient’s or designated caregiver’s registry identification number 3   on the qualifying patient’s or designated caregiver’s Registry Identification Card into the medical 4   marijuana electronic verification system, 5   (d) 6   Identification Card, 7   (e) Verify the validity of the qualifying patient’s or designated caregiver’s Registry Verify that the prescribed amount of medical marijuana the qualifying patient or 8   designated caregiver is requesting would not cause the qualifying patient to exceed the adequate 9   supply limit on obtaining no more than a three month supply, and 10   11   (f) Enter the following information into the medical marijuana electronic verification system for the qualifying patient or designated caregiver: 12   (1) The amount of medical marijuana dispensed, 13   (2) Whether the medical marijuana was dispensed to the qualifying patient or to 14   the qualifying patient’s designated caregiver, 15   (3) The date and time the medical marijuana was dispensed, 16   (4) The dispensary agent’s registry identification number, 17   (5) The dispensary’s registry identification number, and 18   (6) The name of the recommending physician. 19   §14314. Qualifying Patient Records. 20   (a) 21   22   23   A dispensary shall ensure that: (1) patient who obtains medical marijuana from the dispensary; (2) 24   25   A qualifying patient record is established and maintained for each qualifying An entry in a qualifying patient record: (A) Is recorded only by a dispensary agent authorized by dispensary policies and procedures to make an entry, Rev.    7/15/2015       116     1   (B) Is dated and signed by the dispensary agent, 2   (C) Includes the dispensary agent’s registry identification number, and 3   (D) Is not changed to make the initial entry illegible; 4   5   (3) signature the electronic code represents is accountable for the use of the electronic signature; 6   7   (4) (5) A qualifying patient record is provided to the Department for review upon request; 10   11   A qualifying patient record is only accessed by a dispensary agent authorized by dispensary policies and procedures to access the qualifying patient record; 8   9   If an electronic signature is used to sign an entry, the dispensary agent whose (6) A qualifying patient record is protected from loss, damage, or unauthorized use; and 12   (7) A qualifying patient record is maintained for five years from the date of the 13   qualifying patient’s or, if applicable, the qualifying patient’s designated caregiver’s last 14   request for medical marijuana from the dispensary. 15   (b) 16   If a dispensary maintains qualifying patient records electronically, the dispensary shall ensure that: 17   (1) There are safeguards to prevent unauthorized access, 18   (2) The date and time of an entry in a qualifying patient record is recorded 19   electronically by an internal clock, and 20   (3) The qualifying patient’s electronic record is backed up and recoverable at an 21   offsite location in case of disaster; 22   (c) A dispensary shall ensure that the qualifying patient record for a qualifying patient 23   who requests or whose designated caregiver on behalf of the qualifying patient requests medical 24   marijuana from the dispensary contains: 25   (1) Rev.    7/15/2015     Qualifying patient information that includes:   117     1   (A) The qualifying patient’s full name; 2   (B) The qualifying patient’s date of birth; 3   (C) The name and date of birth of the qualifying patient’s designated 4   caregiver, if applicable; and 5   (D) The history of medical marijuana dispensed to the qualified patient or 6   qualified patient’s designated caregiver; 7   (2) Documentation of any patient education and support materials provided to the 8   qualifying patient or the qualifying patient’s designated caregiver, including a description of 9   the materials and the date the materials were provided; 10   (3) For each time the qualifying patient requests and does not obtain medical 11   marijuana or, if applicable, the designated caregiver requests on behalf of the qualifying 12   patient and does not obtain medical marijuana from the dispensary, the following: 13   (A) The date, 14   (B) The name and registry identification number of the individual who 15   requested the medical marijuana, 16   17   (C) The dispensary’s reason for refusing to provide the medical marijuana, (D) The name of the dispensary agent and dispensary agent’s registry and 18   19   identification number who refused to provide the medical marijuana. 20   §14315. Inventory Control System for Dispensaries and Cultivation Sites. 21   (a) A dispensary and/or cultivation site shall designate in writing a dispensary agent 22   and/or cultivation site agent who has oversight of the dispensary’s and/or cultivation site’s medical 23   marijuana inventory control system. 24   25   (b) A dispensary shall only acquire marijuana from: (1) Rev.    7/15/2015     The dispensary’s cultivation site,   118     1   (2) Another dispensary or another dispensary’s cultivation site, and 2   (3) A Department approved cultivation site. 3   4   5   6   7   8   (c) A dispensary and/or cultivation site shall establish and implement an inventory control system for the dispensary’s and/or cultivation site’s medical marijuana that documents: (1) disposal of unusable marijuana, and ending inventory; (2) (A) A description of the medical marijuana acquired including the amount, strain, and batch number, 11   12   For acquiring medical marijuana from a dispensary’s cultivation site and/or a Department approved cultivation site: 9   10   Each day’s beginning inventory, acquisitions, harvests, sales, disbursements, (B) The name and registry identification number of the dispensary’s cultivation site and/or a Department approved cultivation site, 13   (C) The name and registry identification number of the dispensary agent 14   and/or the cultivation agent receiving the medical marijuana on behalf of the 15   dispensary and/or cultivation site, and 16   17   (D) (3) 18   19   (B) The name and registry identification number of the dispensary providing the medical marijuana, (C) The name and registry identification number of the dispensary agent providing the medical marijuana, 24   25   A description of the medical marijuana acquired including the amount, strain, and batch number, 22   23   For acquiring medical marijuana from another dispensary: (A) 20   21   The date of acquisition; (D) The name and registry identification number of the dispensary agent receiving the medical marijuana on behalf of the dispensary, and Rev.    7/15/2015       119     1   2   (E) (4) The date of acquisition; For each batch of marijuana cultivated: 3   (A) The batch number, 4   (B) Whether the batch originated from marijuana seeds or marijuana 5   cuttings, 6   7   (C) The origin and strain of the marijuana seeds or marijuana cuttings planted, 8   (D) The number of marijuana seeds or marijuana cuttings planted, 9   (E) The date the marijuana seeds or cuttings were planted, 10   (F) A list of all chemical additives, including nonorganic pesticides, 11   herbicides, and fertilizers used in the cultivation, 12   (G) The number of plants grown to maturity, 13   (H) Harvest information including: 14   (i) Date of harvest, 15   (ii) Total weight of harvest, including the following: 16   (aa) Final processed usable marijuana yield weight, and 17   (bb) Final non-usable marijuana yield weight, 18   (iii) Name and registry identification number of the dispensary 19   agent and/or cultivation site agent responsible for the harvest, and 20   (I) 21   The disposal of medical marijuana that is not usable marijuana including the: 22   (i) Description of (i.e., total amount and weight of disposed 23   marijuana) and reason for the marijuana being disposed of including, if 24   applicable, the number of failed or other unusable plants, 25   (ii) Rev.    7/15/2015     Date of disposal,   120     1   (iii) Method of disposal pursuant to federal and local laws, and 2   (iv) Name and registry identification number of the dispensary 3   4   agent and/or cultivation agent responsible for the disposal; (5) For providing medical marijuana to another dispensary and/or cultivation site: 5   (A) The amount, strain, and batch number of medical marijuana provided; 6   (B) The name and registry identification number of the other dispensary 7   and/or cultivation site; 8   9   10   (C) and/or cultivation site agent who received the medical marijuana on behalf of the other dispensary and/or cultivation site; and 11   (D) 12   (6) 13   another dispensary: 14   (A) 15   The date the medical marijuana was provided; and For receiving edible food products infused with medical marijuana from The product name and description of the edible food products received from the dispensary including total weight of each edible food product, 16   17   The name and registry identification number of the dispensary agent (B) Total estimated amount, strain, and batch number of medical marijuana infused in the edible food products, 18   (C) 19   The name and registry identification number of the: (i) 20   Dispensary and the dispensary agent providing the edible food products to the receiving dispensary, and 21   (ii) Dispensary agent receiving the edible food products on behalf 22   of the receiving dispensary, and 23   (D) The date the edible food products were manufactured, 24   (E) The use by or expiration date of the edible food products, and 25   (F) The date the edible food products were provided to the dispensary. Rev.    7/15/2015       121     1   (d) The individual designated in subsection (a) shall conduct and document an audit of the 2   dispensary’s and/or cultivation site’s inventory that is accounted for according to generally accepted 3   accounting principles at least once every 30 calendar days. 4   (1) If the audit identifies a reduction in the amount of medical marijuana in the 5   dispensary’s inventory not due to documented causes, the dispensary shall determine where 6   the loss has occurred, take and document corrective action, and report the discrepancy to the 7   Department and to the local law enforcement authorities. 8   (2) If the reduction in the amount of medical marijuana in the dispensary’s and/or 9   cultivation site’s inventory is due to suspected criminal activity by a dispensary agent, 10   cultivation site agent, employee, or volunteer, the dispensary and/or cultivation site shall 11   report the dispensary agent, cultivation site agent, employee, or volunteer to the Department 12   and to the local law enforcement authorities. 13   (3) If the reduction in the amount of medical marijuana in the dispensary’s and/or 14   cultivation site’s inventory is due to suspected theft, loss by disaster, or other emergency 15   situation beyond the control of the dispensary and/or cultivation site, the dispensary and/or 16   cultivation site shall report the discrepancy to the Department and to the local law enforcement 17   authorities; 18   (e) 19   20   A dispensary and/or cultivation site shall: (1) Maintain the documentation required in subsections (c) and (d) at the dispensary for five years from the date on the document, and 21   (2) Provide the documentation required in subsections (c) and (d) to the 22   Department for review upon request. 23   §14316. Product Labeling and Analysis. 24   (a) 25   A dispensary shall ensure that medical marijuana provided by the dispensary to a qualifying patient or a designated caregiver is labeled with: Rev.    7/15/2015       122     1   (1) The dispensary’s registry identification number; 2   (2) The amount, strain, and batch number of medical marijuana; 3   (3) The following statement in a clear, conspicuous location: “GUAM 4   DEPARTMENT OF PUBLIC HEALTH & SOCIAL SERVICES’ WARNING: Marijuana 5   use can be addictive and can impair an individual’s ability to drive a motor vehicle or operate 6   heavy machinery. Marijuana smoke contains carcinogens and can lead to an increased risk for 7   cancer, tachycardia, hypertension, heart attack, and lung infection. KEEP OUT OF REACH 8   OF CHILDREN”; 9   (4) 10   If not cultivated by the dispensary, whether the medical marijuana was obtained from another dispensary or cultivation site; 11   (5) The date of manufacture, harvest, or sale; 12   (6) A list of all chemical additives, including nonorganic pesticides, herbicides, 13   and fertilizers, used in the cultivation and production of the medical marijuana; 14   (7) The full name and registry identification number of the qualifying patient; and 15   (8) If medical marijuana is provided as part of an edible food product, a 16   dispensary shall comply with Title 10 GCA, Chapters 21, 22, 23, 24, and 40 and applicable 17   rules and regulations for the food product. 18   (b) If a dispensary and/or cultivation site provides medical marijuana cultivated by the 19   dispensary and/or cultivation site to another dispensary and/or cultivation site, the dispensary and/or 20   cultivation site shall ensure that the medical marijuana is labeled with: 21   (1) The dispensary’s and/or cultivation site’s registry identification number; 22   (2) The amount, strain, and batch number of the medical marijuana; 23   (3) The date of harvest or sale; and 24   (4) A list of all chemical additives, including nonorganic pesticides, herbicides, 25   and fertilizers, used in the cultivation of the medical marijuana. Rev.    7/15/2015       123     1   (c) If medical marijuana is provided as part of an edible food product, a dispensary shall, 2   in addition to the information in subsection (a), include on the label the total weight of the edible food 3   product. 4   (d) A dispensary and/or cultivation site shall provide to the Department upon request a 5   sample of the dispensary’s and/or cultivation site’s medical marijuana inventory of a sufficient 6   quantity to enable the Department to conduct an analysis of the medical marijuana. §14317. Laboratory. 7   (a) A dispensary and/or cultivation site shall have documentation that is submitted to 8     9   the Department that identifies at least one laboratory that will do the testing in accordance with 10   these rules and regulations and identify who will do the testing for the security of all immature 11   plants.   12   (b) A dispensary and/or cultivation site shall ensure that usable marijuana and 13   immature plants in the Dispensary and Cultivation Site, including providing adequate safeguards 14   against theft or diversion, are tested pursuant to this section prior to being transferred to a patient 15   or a designated caregiver.   16   17   18   19   (c) A dispensary and/or cultivation site shall ensure that all laboratory testing, except for immature plants, is done by a third party or in-house laboratory that:   (1) Is licensed and registered by this Department and the U.S. Drug Enforcement Administration;   20   (2) Uses valid testing methodologies; and   21   (3) Has a Quality System for testing of pesticides, mold and mildew that is 22   compliant with the 2005 International Organization for Standardization 17025 Standard Rev.    7/15/2015       124     1   or 2009 National Environmental Laboratory Accreditation Conference Institute TNI 2   Standards.   3   (d) A dispensary and/or cultivation site shall ensure that each sample for laboratory 4   analysis is taken in an amount necessary to conduct the applicable test(s) and that the samples are 5   labeled with the batch’s unique identifier number, the date of sampling, the name of the sampler, 6   and submitted for testing. A Department-approved chain of custody form should be utilized to 7   document and account for the details of the sample as it transfers from one person to another 8   person.   9   (e) A laboratory must provide testing results to the dispensary and/or cultivation site 10   that is signed by an official of the laboratory who can attest to the accuracy of the results, and 11   that includes the levels of pesticides, mold, mildew, and levels of THC, CBD, and terpenoids.   12   (1) If the immature plant has visible pesticide residue, mold, or mildew, it 13   shall be deemed to test positive, and must be returned to the dispensary and/or cultivation 14   site who submitted the sample for analysis.   15   (2) A sample of usable marijuana and immature plants and records that are 16   required to be kept shall be deemed to test positive for mold or mildew if the sample has 17   levels that exceed the maximum acceptable counts as listed in Appendix B. 18   19   20   (3) A sample of usable marijuana shall be deemed to test positive for pesticides with a detection of more than 0.1 parts per million of any pesticide. (4) If an immature plant or sample of usable marijuana tests positive for 21   pesticides, mold, or mildew based on the standards in these rules and regulations, the 22   laboratory must ensure that the entire batch from which the sample was taken is returned 23   to the dispensary and/or cultivation site who transferred the sample to the laboratory and 24   must document the transfer through the Department-approved chain of custody form. Rev.    7/15/2015       125     1   (f) 2   macroscopic or microscopic screening to determine if the plant has visible pesticide 3   residue, mold, or mildew. (1) 4   5   Immature plants may be tested for pesticides, mold, and mildew by conducting a Testing for mold and mildew on immature plants must be done every 30 calendar days. (2) 6   Testing must be done by a person who has a minimum of a bachelor’s 7   degree in horticulture, botany, plant pathology, or microbiology, but is not required to be 8   done by a laboratory. (3) 9   Records should be maintained on the results of the testing and submitted 10   to the Director upon request. 11   (g) 12   Flowers or other usable marijuana plant material shall include tests, as required by the Department, not limited to the following: (1) 13   Tested for pesticides, mold, and mildew using valid testing methodologies 14   (macroscopic and microscopic screening are not authorized for flowers or other usable 15   marijuana plant material); (2) 16   17   Pesticide screening for chlorinated hydrocarbons, organophosphates, carbamates, and pyrethroids; and (3) 18   Analyzed, using valid testing methodologies to determine the levels of 19   THC, CBD, and terpenoid profiling. 20   (h) If a dispensary and/or cultivation site receives a transfer or a pre-packaged 21   finished product, then the receiving facility may, in lieu of testing the finished product, obtain 22   from the individual who transferred the finished product, laboratory results that show the usable 23   marijuana in the finished product was tested in accordance with this section. Rev.    7/15/2015       126     1   §14318. Security. 2   (a) The Responsible Official is responsible for the security of all usable marijuana and 3   immature plants in the Dispensary and Cultivation Site, including providing adequate safeguards 4   against theft or diversion of usable marijuana and immature plants and records that are required to be 5   kept. 6   (b) The Responsible Official must ensure that commercial grade, non-residential door 7   locks are installed on every external door at a Dispensary or Cultivation Site prior to opening for 8   business. 9   10   11   (c) During all hours when the registered facility is open for business, the Responsible Official must ensure that: (1) All usable marijuana and immature plants received and all usable marijuana 12   and immature plants available for transfer to a Qualified Patient or a Designated Caregiver are 13   kept in a locked, secure area that can only be accessed by authorized personnel. 14   (2) All areas where usable marijuana or immature plants are received for transfer 15   by a registered facility are identified as a restricted access area by posting a sign not less than 16   12 inches wide and 12 inches long, composed of letters not less than one-half inch in height 17   that reads, "Restricted Access Area — Authorized Personnel Only". 18   19   (3) All areas where usable marijuana or immature plants are available for transfer to a patient or designated primary caregiver are: 20   (A) Identified as a restricted access area and clearly identified by the 21   posting of a sign not less than 12 inches wide and 12 inches long, composed of letters 22   not less than one-half inch in height that reads "Restricted Access Area — No Minors 23   Allowed"; Rev.    7/15/2015       127     1   (B) Supervised by the Responsible Official or a Dispensary Agent or 2   Cultivation Site Agent of the Dispensary or Cultivation Site at all times when a 3   Qualified Patient or Designated Caregiver is present; and 4   (C) 5   being transferred to a Dispensary or Cultivation Site. 6   7   Separate from any area where usable marijuana or immature plants are (d) During all hours when the Dispensary or Cultivation Site is not open for business the Responsible Official must ensure that: 8   (1) All entrances to and exits from the Dispensary or Cultivation Site are securely 9   locked and any keys or key codes to the Dispensary or Cultivation Site remain in the 10   possession of the Responsible Official or authorized Dispensary Agent or Cultivation Site 11   Agent; 12   (2) All usable marijuana is kept in a safe; and 13   (3) All immature plants are in a locked room. 14   (e) 15   The Responsible Official must ensure that: (1) 16   Electronic records are encrypted, and securely stored to prevent unauthorized access and to ensure confidentiality; 17   (2) There is an electronic back-up system for all electronic records; and 18   (3) All video recordings and archived required records not stored electronically 19   are kept in a locked storage area. Current records may be kept in a locked cabinet or desk 20   outside the locked storage area during hours when the Dispensary or Cultivation Site is open. 21   (f) Except as provided in §14309(a)(7), a dispensary and/or cultivation site shall ensure 22   that access to the enclosed, locked facility where marijuana is cultivated is limited to the dispensary’s 23   and/or cultivation site’s responsible officials, authorized dispensary agents and/or cultivation site 24   agents. Rev.    7/15/2015       128     1   2   (g) A dispensary agent and/or cultivation site agent may transport marijuana, marijuana plants, and marijuana paraphernalia between the dispensary and/or cultivation site: 3   (1) The dispensary’s cultivation site, 4   (2) Another Department approved cultivation site, and 5   (3) Another dispensary. 6   (h) 7   Before transportation, a dispensary agent and/or cultivation site agent shall: (1) 8   Complete a trip plan that includes: (A) 9   The name of the dispensary agent and/or cultivation site agent in charge of transporting the marijuana; 10   (B) The date and start time of the trip; 11   (C) A description of the marijuana, marijuana plants, or marijuana 12   paraphernalia being transported; and 13   (D) 14   (2) 15   cultivation site. 16   (i) 17   18   The anticipated route of transportation; and Provide a copy of the trip plan in subsection (h)(1) to the dispensary and/or During transportation, a dispensary agent and/or cultivation site agent shall: (1) Carry a copy of the trip plan in subsection (h)(1) with the dispensary agent and/or cultivation site agent for the duration of the trip; 19   (2) Use a vehicle without any medical marijuana identification; 20   (3) Have a means of communication with the dispensary and/or cultivation site; 22   (4) Ensure that the marijuana, marijuana plants, or marijuana paraphernalia are 23   not visible. 24   (j) 21   25   and After transportation, a dispensary agent and/or cultivation site agent shall enter the end time of the trip and any changes to the trip plan on the trip plan required in subsection (h)(1). Rev.    7/15/2015       129     1   (k) A dispensary and/or cultivation site shall: 2   (1) Maintain the documents required in subsection (h)(2) and (e), and 3   (2) Provide a copy of the documents required in subsection (h)(2) and (j) to the 4   Department for review upon request. 5   (l) 6   7   8   To prevent unauthorized access to medical marijuana at the dispensary and/or cultivation site, the dispensary and/or cultivation site shall have the following: (1) Security equipment to deter and prevent unauthorized entrance into limited access areas that include: 9   (A) Devices or a series of devices to detect unauthorized intrusion and 10   movement inside the Dispensary or Cultivations Site, which may include a signal 11   system interconnected with a radio frequency method, such as cellular, private radio 12   signals, or other mechanical or electronic device; 13   (B) Exterior lighting to facilitate surveillance; 14   (C) Electronic monitoring including: 15   (i) At least one 19-inch or greater call-up monitor, 16   (ii) A video printer capable of immediately producing a clear still 17   photo from any video camera image, 18   (iii) 19   Video cameras: (aa) Providing coverage of all entrances to and exits from 20   limited access areas and all entrances to and exits from the building, 21   capable of identifying any activity occurring in or adjacent to the 22   building; and 23   (bb) 24   Having a recording resolution of at least 704 x 480 or the equivalent; Rev.    7/15/2015       130     1   (iv) A video camera at each point of sale location allowing for the 2   identification of any qualifying patient or designated caregiver purchasing 3   medical marijuana, 4   (v) 5   A video camera in each grow room capable of identifying any activity occurring within the grow room in low light conditions, 6   (vi) 7   Storage of video recordings from the video cameras for at least 30 calendar days, 8   (vii) 9   A failure notification system that provides an audible and visual notification of any failure in the electronic monitoring system, and 10   (viii) Sufficient battery backup for video cameras and recording 11   equipment to support at least five minutes of recording in the event of a power 12   outage, and 13   (ix) In the event of suspected criminal activity, theft, damage or 14   loss, or unexplained reduction in the amount of medical marijuana inventory, 15   the dispensary and/or cultivation site shall maintain the video recordings from 16   the video cameras for a period no less than three years from the date the 17   incident is reported to the Department and to local law enforcement 18   authorities; 19   (D) Have at least two operational "panic buttons" located inside the 20   Dispensary or Cultivation Site that are linked with the alarm system that notifies a 21   security company; and 22   (E) Be programmed to notify a security company that will notify the 23   Responsible Officer or his/her designee in the event of a breach. 24   (2) Rev.    7/15/2015     Policies and procedures:   131     1   (A) 2   That restrict access to the areas of the dispensary and/or cultivation site that contain marijuana to authorized individuals only; 3   (B) That provide for the identification of authorized individuals; 4   (C) That prevent loitering; 5   (D) For conducting electronic monitoring; and 6   (E) For the use of a panic button. 7   §14319. Edible Food Products. 8   (a) 9   A dispensary that prepares, packages, sells, or dispenses marijuana-infused edible food products shall: 10   (1) Before preparing, packaging, selling, or dispensing marijuana-infused edible 11   food products obtain a Sanitary Permit and Health Certificate(s) from the Division of 12   Environmental Health at the Department to prepare, package, store, sell, distribute, or dispense 13   marijuana-infused edible food products; 14   (2) If the dispensary prepares, packages, stores, sells, distributes, or dispenses the 15   marijuana-infused edible food products, ensure that the marijuana-infused edible food 16   products are prepared, packaged, stored, sold, distributed, or dispensed according to the 17   applicable requirements in Title 10 GCA Chapter 21, 22, 23, 24, and 40 and applicable rules 18   and regulations. 19   (3) If the marijuana-infused edible food products are not prepared at the 20   dispensary, obtain and maintain at the dispensary a copy of the current Sanitary Permit from 21   the dispensary that prepared the marijuana-infused edible products; and 22   (b) 23   A dispensary is responsible for the safety, content, and quality of any edible food product sold or dispensed by the dispensary. Rev.    7/15/2015       132     1   §14320. Cleaning and Sanitation. 2   (a) A dispensary and/or cultivation site shall ensure that any building or equipment used 3   by a dispensary and/or cultivation site for the cultivation, harvest, preparation, packaging, storage, 4   infusion, or sale of medical marijuana is maintained in a clean and sanitary condition. 5   (1) Medical marijuana in the process of production, preparation, manufacture, 6   packing, storage, sale, distribution, or transportation is protected from pests, dust, dirt, and all 7   other contamination. 8   (2) Refuse or waste products incident to the manufacture, preparation, packing, 9   selling, distributing, or transportation of medical marijuana are removed from the building 10   used as a dispensary and/or cultivation site at least once daily or more often as necessary to 11   maintain a clean, sanitary condition. 12   (3) All trucks, trays, buckets, other receptacles, platforms, racks, tables, shelves, 13   knives, saws, cleavers, other utensils, or the machinery used in moving, handling, cutting, 14   chopping, mixing, canning, packaging, or other processes are cleaned and sanitized, if 15   applicable, daily or as often as needed. 16   (4) All dispensaries that prepares, packages, stores, sells, distributes, or dispenses 17   marijuana-infused edible food products shall comply with Title 10 GCA, Chapters 21, 22, 23, 18   24 and 40 and applicable rules and regulations to ensure proper food safety. 19   (b) 20   21   A dispensary and/or cultivation site shall ensure that a dispensary agent at the dispensary or the dispensary’s cultivation site and/or cultivation site agent at the cultivation site: (1) Conducts proper hand-washing, including exposed portions of the arms, in a 22   dedicated hand-washing sink equipped with hot and cold running water, liquid hand soap, and 23   disposable, single-use paper towels in a mounted dispenser or a mechanical air hand dryer: 24   25   (A) Before preparing medical marijuana including working with food, equipment, and utensils; Rev.    7/15/2015       133     1   2   (B) During preparation, as often as necessary to remove soil and contamination and to prevent cross-contamination when changing tasks; 3   (C) After handling soiled equipment or utensils; 4   (D) After touching bare human body parts other than the dispensary 5   agent’s and/or cultivation agent’s clean hands and exposed portions of arms; and 6   7   8   (E) (2) If working directly with the preparation of medical marijuana or the infusion of marijuana into non-edible products: 9   10   After using the toilet room; (A) Keeps the dispensary agent’s and/or cultivation site agent’s fingernails trimmed, filed, and maintained so that the edges and surfaces are cleanable; 11   (B) Unless wearing intact gloves in good repair, does not have fingernail 12   polish or artificial fingernails on the dispensary agent’s and/or cultivation site agent’s 13   fingernails; and 14   (C) Wears protective apparel such as coats, aprons, gowns, or gloves to 15   prevent contamination; 16   (3) Wears clean clothing appropriate to assigned tasks; 17   (4) Reports to the medical director any health condition experienced by the 18   dispensary agent that may adversely affect the safety or quality of any medical marijuana with 19   which the dispensary agent may come into contact; 20   (5) If the medical director determines that a dispensary agent has a health 21   condition that may adversely affect the safety or quality of the medical marijuana, is 22   prohibited from direct contact with any medical marijuana or equipment or materials for 23   processing medical marijuana until the medical director determines that the dispensary agent’s 24   health condition will not adversely affect the medical marijuana; Rev.    7/15/2015       134     1   (6) For a cultivation site, the cultivation site agent shall report to the cultivation 2   site’s responsible official any health condition experienced by the cultivation site agent that 3   may adversely affect the safety or quality of any medical marijuana with which the cultivation 4   site agent may come into contact; and 5   (7) If the cultivation site’s responsible official determines that a cultivation site 6   agent has a health condition that may adversely affect the safety or quality of the medical 7   marijuana, is prohibited from direct contact with any medical marijuana or equipment or 8   materials for processing medical marijuana until the cultivation site’s responsible official 9   determines that the cultivation site agent’s health condition will not adversely affect the 10   medical marijuana 11   §14321. Physical Location. 12   (a) A dispensary and/or a cultivation site shall be located in accordance with Drug Free 13   School Zones Act, Title 17 GCA, Chapter 48, from school or its accompanying grounds that existed 14   before the date the dispensary and/or a cultivation site submitted the initial Dispensary Registration 15   Certificate and/or Cultivation Site Registration Certificate application. The applicant shall provide a 16   written statement attesting to the compliance with Title 17 GCA, Chapter 48. 17   18   19   20   (b) A dispensary and/or a cultivation site shall provide onsite parking or parking adjacent to the building used as the dispensary and/or a cultivation site. (c) A building used as a dispensary and/or a cultivation site and/or the location used as cultivation site shall have: 21   (1) At least one toilet room per gender; 22   (2) Each toilet room shall contain: 23   (A) A flushable toilet; 24   (B) Mounted toilet tissue; 25   (C) A sink with hot and cold running water; Rev.    7/15/2015       135     1   (D) Liquid soap contained in a dispenser; and 2   (E) Disposable, single-use paper towels in a mounted dispenser or a 3   mechanical air hand dryer; 4   (3) At least one hand washing sink not located in a toilet room; 5   (4) Designated storage areas for medical marijuana or materials used in direct 6   contact with medical marijuana separate from storage areas for toxic or flammable materials; 7   and 8   9   (5) If preparation or packaging of medical marijuana is done in the building, a designated area for the preparation or packaging that: 10   (A) Includes work space that can be easily cleaned and sanitized, and 11   (B) Is only used for the preparation or packaging of medical marijuana. 12   13   (d) dispensary and/or cultivation site shall: 14   15   (1) Ensure that the weights and measures is licensed or certified pursuant to applicable Department of Revenue and Taxation law and applicable rules and regulations. 16   17   For each weights and measures used at a dispensary and/or cultivation site, the (2) Maintain documentation of the Department of Revenue and Taxation’s weights and measures license or certification, and 18   (3) Provide a copy of the Department of Revenue and Taxation’s weights and 19   measures license or certification to the Department for review upon request. 20   §14322. 21   22   23   24   25   Denial or Revocation of a Dispensary Registration Certificate and/or Cultivation Site Registration Certificate. (a) The Department shall deny an application for a Dispensary Registration Certificate and/or Cultivation Site Registration Certificate or a renewal if: (1) For an application for a Dispensary Registration Certificate and/or Cultivation Site Registration Certificate, the physical address of the dispensary and/or cultivation site is Rev.    7/15/2015       136     1   within 1,000 feet of a private school or a public school and 250 feet of a school bus stop that 2   existed before the date the dispensary and/or cultivation site submitted the initial Dispensary 3   Registration Certificate and/or Cultivation Site Registration Certificate application; 4   (2) 5   A responsible official: (A) 6   Has been convicted of an excluded felony offense as defined in these rules and regulations; Has served as a responsible official for a dispensary and/or 7   (B) 8   cultivation site that: 9   (i) 10   Had the Dispensary Registration Certificate and/or Cultivation Site Registration Certificate revoked, or 11   (ii) Did not obtain an approval to operate the dispensary and/or 12   cultivation site within the first year after the Dispensary Registration 13   Certificate and/or Cultivation Site Registration Certificate was issued; 14   (C) Is under 21 years of age; 15   (D) Is a physician currently providing written certifications for medical 16   marijuana for qualifying patients; 17   (E) Is a law enforcement officer; or 18   (F) Is an employee or contractor of the Department; or 19   (3) The application or the dispensary and/or cultivation site does not comply with 20   the requirements in the Act and these rules and regulations. 21   (b) The Department may deny an application for a Dispensary Registration Certificate 22   and/or Cultivation Site Registration Certificate if a responsible official of the dispensary and/or 23   cultivation site provides false or misleading information to the Department. 24   25   (c) The Department shall revoke a Dispensary Registration Certificate and/or Cultivation Site Registration Certificate if: Rev.    7/15/2015       137     1   (1) 2   The dispensary and/or cultivation site: (A) 3   Operates before obtaining a License to Operate a Dispensary or Cultivation Site from the Department; 4   (B) Delivers or otherwise transfers marijuana to an entity other than 5   another dispensary and/or cultivation site with a valid Dispensary Registration 6   Certificate and/or Cultivation Site Registration Certificate issued by the Department, 7   and, if applicable, a qualifying patient with a valid Registry Identification Card, or a 8   designated caregiver with a valid Registry Identification Card; or 9   (C) Acquires usable marijuana or mature marijuana plants from any entity 10   other than another dispensary and/or cultivation site with a valid Dispensary 11   Registration Certificate and/or Cultivation Site Registration Certificate issued by the 12   Department, and, if applicable, a qualifying patient with a valid Registry Identification 13   Card, or a designated caregiver with a valid Registry Identification Card; or 14   (2) A responsible official has been convicted of an excluded felony offense as 15   defined in these rules and regulations. 16   (d) 17   The Department may revoke a Dispensary Registration Certificate and/or Cultivation Site Registration Certificate if the dispensary and/or cultivation site does not: 18   (1) Comply with the requirements in the Act and these rules and regulations; or 19   (2) Implement the policies and procedures or comply with the statements 20   provided to the Department with the dispensary’s and/or cultivation site’s application. 21   (e) 22   If the Department denies a Dispensary Registration Certificate and/or Cultivation Site Registration Certificate application, the Department shall provide notice to the applicant that includes: 23   (1) The specific reason(s) for the denial, and 24   (2) All other information required by the Act and these rules and regulations. Rev.    7/15/2015       138     1   (f) If the Department revokes a Dispensary Registration Certificate and/or Cultivation 2   Site Registration Certificate, the Department shall provide notice to the dispensary and/or cultivation 3   site that includes: 4   (1) The specific reason(s) for the revocation; and 5   (2) The process for requesting a hearing of the Department’s decision pursuant to 6   5 GCA Chapter 9, Administrative Adjudication Law. 7   (A) Any entity may seek review of any administrative decision resulting 8   from a hearing before the Superior Court of Guam. Such review shall be upon the 9   record established before the Director and not de novo. The Superior Court may 10   11   sustain, modify, or vacate any administrative decision it reviews. (g) The holder of the revoked Dispensary Registration Certificate and/or Cultivation Site 12   Registration Certificate shall return the said Dispensary Registration Certificate and/or Cultivation Site 13   Registration Certificate to the Department within 24 hours upon receipt of notice. 14   15   16   §14323. Denial or Revocation of a Dispensary Agent’s and/or Cultivation Site Agent’s Registry Identification Card. (a) The Department shall deny a dispensary agent’s and/or cultivation site agent’s 17   application for or renewal of the dispensary agent’s and/or cultivation site agent’s Registry 18   Identification Card if the dispensary agent and/or cultivation site agent: 19   (1) Does not meet the requirements in the Act or these rules and regulations; or 20   (2) Previously had a Registry Identification Card revoked for not complying with 21   the Act or these rules and regulations. 22   (b) The Department may deny a dispensary agent’s and/or cultivation site agent’s 23   application for or renewal of the dispensary agent’s and/or cultivation site agent’s Registry 24   Identification Card if the dispensary agent and/or cultivation site agent provides false or misleading 25   information to the Department. Rev.    7/15/2015       139     1   2   (c) Registry Identification Card if the dispensary agent and/or cultivation site agent: 3   4   (1) Uses medical marijuana, if the dispensary agent and/or cultivation site agent does not have a qualifying patient Registry Identification Card; 5   6   The Department shall revoke a dispensary agent’s and/or cultivation site agent’s (2) Diverts medical marijuana to an individual who is not authorized to possess medical marijuana under the Act and these rules and regulations; or 7   (3) 8   regulations. 9   (d) Has been convicted of an excluded felony offense as defined in these rules and The Department may revoke a dispensary agent’s and/or cultivation site agent’s 10   Registry Identification Card if the dispensary agent and/or cultivation site agent knowingly violates 11   the Act or these rules and regulations. 12   (e) If the Department denies or revokes a dispensary agent’s and/or cultivation site agent’s 13   Registry Identification Card, the Department shall provide notice to the dispensary agent and/or 14   cultivation site agent, and to the dispensary and/or cultivation site of their employment that includes: 15   (1) The specific reason(s) for the denial or revocation; and 16   (2) The process for requesting a hearing of the Department’s decision pursuant to 17   5 GCA Chapter 9, Administrative Adjudication Law. 18   (A) Any entity may seek review of any administrative decision resulting 19   from a hearing before the Superior Court of Guam. Such review shall be upon the 20   record established before the Director and not de novo. The Superior Court may 21   sustain, modify, or vacate any administrative decision it reviews. 22   (f) The holder of the revoked dispensary agent’s and/or cultivation site agent’s Registry 23   Identification Card shall return the said dispensary agent’s and/or cultivation site agent’s Registry 24   Identification Card to the Department within 24 hours upon receipt of notice. 25   §14400. ARTICLE 4. ADMINISTRATIVE REQUIREMENTS.   Rev.    7/15/2015       140     1   §14401. Record Keeping. 2   (a) The Responsible Official must ensure that the following information is 3   documented and maintained electronically in a manner that can easily be shared with the 4   Department or accessed by the Department: (1) 5   6   was received; (2) 7   8   All Authorization to Transfer forms, including the date on which a form Any written notifications from a patient with regard to any change in status as required by these rules and regulations; 9   (3) Any revocation of an Authorization to Transfer form; 10   (4) All transfer information required in by these rules and regulations; 11   (5) Documentation of the costs of doing normal and customary business used 12   to establish the reimbursement amounts for transfers of usable marijuana or immature 13   plants, including costs related to transferring, handling, securing, insuring, testing, 14   packaging and processing usable marijuana and immature marijuana plants and the cost 15   of supplies, utilities and rent or mortgage. (6) 16   17   usable marijuana or immature plants; (7) 18   19   The amount of money paid by each patient or designated caregiver for a transfer of usable marijuana or an immature plant; (8) 20   21   The amount of money paid by a registered facility for each transfer of The laboratory reports of all testing and other information required to be documented by these rules and regulations; and (9) 22   All other information required to be documented and retained by these 23   rules and regulations. 24   (b) 25   The Responsible Official must ensure that information required to be documented pursuant these rules and regulations is maintained in a safe and secure manner that protects the Rev.    7/15/2015       141     1   information from unauthorized access, theft, fire, or other destructive forces, and is easily 2   retrievable for inspection by the Department upon request, either at the registered facility or 3   online. 4   (c) The Responsible Official must ensure that a registered facility uses an electronic 5   data management system for the recording of transfers of usable marijuana and immature plants. 6   The system must meet the following minimum requirements: (1) 7   8   Record the information required to be documented in these rules and regulations; 9   (2) Provide for off-site or secondary backup system; 10   (3) Assign a unique transaction number for each transfer to or from the 11   registered facility; 12   (4) Monitor date of testing and testing results; 13   (5) Track products by unique transaction number through the transfer in, 14   testing and transfer out processes; (6) 15   16   Generate transaction and other reports requested by the Department viewable in PDF format; 17   (7) Produce reports, including but not limited to inventory reports; and 18   (8) Provide security measures to ensure patient and grower records are kept 19   confidential. 20   (d) 21   22   Documents and information required to be maintained in these rules and regulations must be retained by the Responsible Official for at least three (3) years.       (e) The Responsible Official must provide the Department with any documentation 23   required to be maintained in these rules and regulations upon request, in the format requested by 24   the Department, or permit the Department access to such documentation on-site. Rev.    7/15/2015       142     1   §14402. Physician Responsibility. 2   (a) 3   and responsibilities: (1) 4   5   (2) Take responsibility for an aspect of the medical care, treatment, diagnosis, counseling, or certification of the applicant as a qualified patient; 8   9   Possess a Guam board of professional license number to practice medicine in Guam. This license must be in good standing; 6   7   The physician caring for the qualified patient must fulfill the following criteria (3) Perform an in-person medical examination of the applicant as a qualified (4) As a result of the in-person medical examination, document in the patient; 10   11   patient’s medical record that the patient has a debilitating medical condition listed in 12   §14101(t) and that the medical use of marijuana is appropriate; (5) 13   Have the patient sign an authorized medical release of information. The 14   Department cannot process the patient’s application without the appropriate authorization 15   for release of medical information; (6) 16   Provide to the patient copies of the medical records stating that he or she 17   has been diagnosed with a debilitating medical condition listed in §14101(t) and that the 18   medical use of marijuana is appropriate; (7) 19   20   that is consistent with the individual patient's needs; 21   (8) 22   marijuana; 23   (b) 24   Provide a written prescription indicating the amount of medical marijuana Provide written instructions for the use and administration of the medical The physician caring for the qualified patient shall not assist the qualified patient in obtaining medical marijuana. Rev.    7/15/2015       143     (c) 1   2   The physician caring for the qualified patient shall not engage in the production, cultivating, distribution or sale of medical marijuana. 3   §14403. Ceasing of Operations. 4   The Department shall order a dispensary and/or cultivation site to immediately cease 5   operations whenever the Director finds that the operation jeopardizes the health and safety of the 6   people. Additionally, the dispensary and/or cultivation site shall cease operations immediately 7   for any of the following conditions: (a) 8   9   Conditions deemed a public nuisance pursuant to Title 10 GCA, Chapter 20 exist that requires the immediate abatement of the public nuisance; 10   (b) Adulterated medical marijuana; 11   (c) Adulterated medical marijuana food product; or 12   (d) Any adulterated medical marijuana product. 13   §14404. Violations. 14     (a) The following are violations of these rules, and are not limited to:   15   (1) 16   inspection; 17   (2) 18   19   20   A Responsible Official or an employee of a facility failing to cooperate with an The submission by a Responsible Official, employee, or owner of a facility of false or misleading information to the Department; (3) Transferring usable marijuana or immature plants to an individual who is not a patient or a designated caregiver; 21   (4) Possessing a mature marijuana plant at the registered facility; 22   (5) Failing to document and maintain information in the manner required by 23   24   25   these rules; (6) Failing to account for flowers or other usable marijuana plant material in accordance with these rules and regulations; Rev.    7/15/2015       144     (7) 1   2   regulations; (8) 3   4   Failing to submit a plan of correction in accordance with these rules and Failing to comply with an emergency suspension order or final order of the Department, including failing to pay a civil penalty; or 5   (9) Failing to comply with the Act or any of these rules or regulations.   6   §14405. Administrative Penalties. 7   (a) The Director may impose a fine for any dispensary, dispensary agent, cultivation 8   site, cultivation site agent, qualified patient, designated caregiver, or certifying physician that 9   violates any provisions of these rules and regulations. The monetary fine for the administrative 10   violation shall be: (1) 11   12   A fine not exceeding Ten Thousand Dollars ($10,000) for a first violation per day of continuing violation; and (2) 13   A fine not exceeding Fifteen Thousand Dollars ($15,000) for an additional 14   violation per day of continuing violation within 1 year, however, if second violation is a 15   repeat violation, a fine not exceeding Twenty Thousand Dollars ($20,000) shall be 16   imposed. 17   (b) Before imposing an administrative penalty against a dispensary, dispensary agent, 18   cultivation site, cultivation site agent, qualified patient, designated caregiver, or certifying 19   physician, the Director shall issue a notice of intent to impose the penalty and provide the 20   dispensary, dispensary agent, cultivation site, cultivation site agent, qualified patient, designated 21   caregiver, or certifying physician being penalized an opportunity to request a hearing on the 22   proposed penalty. 23   Chapter 9) hearing procedures shall apply. The request must be made within ten (10) days of the 24   date that the notice is served upon the dispensary, dispensary agent, cultivation site, cultivation 25   site agent, qualified patient, designated caregiver, or certifying physician. Rev.    7/15/2015     The Administrative Adjudication Law (Title 5 Guam Code Annotated,   145     1   (c) Any dispensary, dispensary agent, cultivation site, cultivation site agent, qualified 2   patient, designated caregiver, or certifying physician may seek review of any administrative 3   penalty imposed before the Superior Court of Guam. Such review shall be upon the record 4   established before the Director and not de novo. The Superior Court may sustain, modify or 5   vacate any administrative penalty it reviews. 6   (d) If any dispensary, dispensary agent, cultivation site, cultivation site agent, qualified 7   patient, designated caregiver, or certifying physician fails to comply with an administrative 8   penalty order after it has become final, the Attorney General shall bring a civil action to enforce 9   the order and to recover the amount ordered or assessed, plus current interest from the date of the 10   final order or decision. To prevail in such an action, the Director need establish only that: 11   (1) Notice was given as required; 12   (2) A hearing was granted to the defendant or that the defendant requested no 13   hearing; and (3) 14   The penalty was imposed and has become final either because the 15   administrative order was not appealed to the Superior Court, or that after judicial review 16   the administrative order remains an unsatisfied obligation. 17   §14406. Right to Notice, Hearing, and Administrative Process. 18   (a) Any person who was denied a qualifying patient, designated caregiver, 19   dispensary, dispensary agent, cultivation site, cultivation site agent Registry Identification Card 20   or Dispensary and/or Cultivation Site Registration Certificate under these rules and regulations, 21   or whose qualifying patient, designated caregiver, dispensary, dispensary agent, cultivation site, 22   cultivation site agent Registry Identification Card or Dispensary and/or Cultivation Site 23   Registration Certificate is revoked under these rules and regulations, or any entity that is subject 24   to and Administrative Penalty under these rules and regulations the following rights: Rev.    7/15/2015       146     1   2   (1) A notice in writing from the Director stating the action to be taken by the Department,   3   (2) To request in writing form an administrative hearing,   4   (3) Have and administrative hearing, and   5   (4) To appeal and administrative hearing decision.   6   (b) Any written notice given pursuant to §§14205, 14321, 14322, 14403 and 14404 of 7   these rules and regulations shall advise that the right to notice, hearing, and appeal is available as 8   provided in these rules and regulations, and to the extent consistent herewith, pursuant to Title 5 9   GCA, Chapter 9, Administrative Adjudication Law.   10   (c) The procedures and requirements set out in these rules and regulations, and to the 11   extent consistent herewith, in Title 5 GCA, Chapter 9, Administrative Adjudication Law, shall be 12   followed by the Director, and by any entity, subject to these rules and regulations, adversely affected 13   by decisions of the Department pursuant to these rules and regulations.   14   (d) Upon an administrative adjudication the Director shall make the final determination 15   whether to issue a qualifying patient, designated caregiver, dispensary, dispensary agent, 16   cultivation site, cultivation site agent Registry Identification Card or Dispensary and/or 17   Cultivation Site Registration Certificate, to deny or revoke a qualifying patient, designated 18   caregiver, dispensary, dispensary agent, cultivation site, cultivation site agent Registry 19   Identification Card or Dispensary and/or Cultivation Site Registration Certificate, or to uphold an 20   Administrative Penalty.   21   §14407. Confidentiality. 22   (a) The Department shall create and maintain either paper or computer data files of 23   Qualified Patients, Designated Caregivers, Dispensaries, Dispensary Agents, Cultivation Sites, 24   and Cultivation Site Agents. The data files shall include all information collected on the 25   application forms or equivalent information from other written documentation, plus a copy of Rev.    7/15/2015       147     1   Department issued Registration Identification Cards, effective date, date of issue, and expiration 2   date. Except as provided in section (b) of this rule, the names and identifying information of 3   registry identification cardholders and the name and identifying information of a pending 4   applicant for a Qualified Patients, Designated Caregivers, Dispensaries, Dispensary Agents, 5   Cultivation Sites, and Cultivation Site Agents and a Cultivation Site location, shall be 6   confidential and not subject to public disclosure. 7   8   (b) Names and other identifying information made confidential under section (1) of this rule may be released to: (1) 9   Authorized employees of the Department as necessary to perform official 10   duties of the Department, including the production of any reports of aggregate (i.e., non- 11   identifying) data or statistics; (2) 12   Authorized employees of local or federal law enforcement agencies when 13   they provide a specific name or address. Information will be supplied only as necessary 14   to verify: 15   (A) 16   Identification Card; 17   (B) 19   (C) That the address is or was a documented Dispensary or Cultivation (D) That an address is or was the location of a registered Dispensary or Site; 20   21   Cultivation Site. 22   24   That a person is or was a person responsible for a registered Dispensary or Cultivation Site; 18   23   That a person is or was a lawful possessor of a Registration (c) Other persons (such as, but not limited to, employers, lawyers, family members) upon receipt of a properly executed release of information, as determined by the Director, signed Rev.    7/15/2015       148     1   by the patient, the patient's parent or legal guardian, or designated caregiver. The release of 2   information must specify what information the Department is authorized to release and to whom. 3   4   (d) The Department may allow the release of reports related to verification or statistics if its without personal identifying data. 5   §14408. Effective Date. 6   These rules and regulations shall be immediately effective after the ninety (90) calendar 7   days have elapsed from the date of filing with the Legislative Secretary, pursuant to the Act. At 8   the time, all other rules and regulations or parts of other rules and regulations that conflict with 9   these rules and regulations are repealed. The adoption of these rules and regulations shall not 10   prohibit the Department from delaying the implementation of all or certain sections of these rules 11   and regulations if the Department believes doing so would better effectuate its purpose; 12   provided, such delay shall not exceed 365 days of its effective date. 13   §14409. Severability. 14   If any provision or the application of any provision of these rules and regulations is held 15   invalid, that invalidity shall not affect other provisions or applications of these rules and 16   regulations.” 17   Rev.    7/15/2015       149     1   2   3   4   APPENDIX A Table 1. Time Frames for Administrative Approval.   Substantive Review Time-frame (in working days) Time-frame for applicant to complete application (in working days) Administrative Completeness Time-frame (in working days) Changing a Registry Identification Card 20 20 10 10 Requesting a Replacement Registry Identification Card Applying for a Registry Identification Card for a Qualifying Patient or a Designated Caregiver Amending a Registry Identification Card for a Qualifying Patient or a Designated Caregiver Renewing a Qualifying Patient’s or Designated Caregiver’s Registry Identification Card Applying for a Dispensary Registration Certificate or Cultivation Site Registration Certificate Applying for Approval of a License to Operate a Dispensary or Cultivation Site Changing a Dispensary and/or Cultivation Site Location Renewing a Dispensary Registration Certificate and/or Cultivation Site Registration Certificate Applying for a Dispensary Agent and/or Cultivation Site Agent Registry Identification Card Renewing A Dispensary Agent’s and/or Cultivation Site Agent’s Registry Identification Card 10 10 4 6 30 60 10 20 20 20 10 10 30 30 10 20 60 20 10 50 90 N/A 30 60 180 180 60 120 30 30 10 20 30 60 10 20 30 30 10 20 Overall Timeframe Type Of Approval (in working days 5   6   Rev.    7/15/2015       150     1   2   3   4   APPENDIX B Table 2. Mold and Mildew Limits for Cannabis Products (CFU/g) Total yeast and mold (mold and mildew) (CFU/g) 104 104 103 Cannabis Products Unprocessed materials* Processed materials* CO2 and solvent based extracts 5   6   7   8   9   10   *Unprocessed materials include minimally processed crude cannabis preparations such as inflorescences, accumulated resin glands (kief), and compressed resin glands (hashish). Processed materials include various solid or liquid infused edible preparations, oils, topical preparations, and water-processed resin glands (“bubble hash”). 11   Source: American Herbal Pharmacopoeia Monograph, December 18th, 2013 12   Rev.    7/15/2015       151