Is CBD oil legal In Guam?

Yes, cannabidiol (CBD) oil is legal as a medicinal and as a recreational product derived from cannabis, and a product extracted from industrial hemp. 

The rules and regulations surrounding CBD sourced from industrial hemp and cannabis are currently being contested and aren't expected until April 2020. As a result, state-licensed dispensaries aren't operational.

Under federal law, CBD products derived from industrial hemp are legal, and were even before the 2018 Farm Bill made hemp legal across the United States. 

What is CBD?

CBD is a non-intoxicating cannabinoid found in cannabis. It is the second-most-abundant cannabinoid found in the plant after tetrahydrocannabinol, or THC. CBD offers anti-inflammatory, analgesic, anti-anxiety, and seizure-suppressant properties. It can be sourced from either marijuana or industrial hemp plants.

Why is CBD sometimes illegal?

Hemp strains don't produce enough of the cannabinoid THC to cause intoxication. However, under the 1970 Federal Controlled Substances Act, all types of cannabis were considered illegal. The legislation categorized all cannabis as a Schedule 1 substance, defined as a substance with a high potential for abuse, no accepted medical use, and a likelihood for addiction.

In 2018, Congress passed the Farm Bill and legalized hemp cultivation, creating a pathway to remove cannabis from Schedule 1. The Farm Bill defined hemp as cannabis that contains less than 0.3% THC by weight and marijuana as cannabis with more than 0.3% THC. Hemp-derived CBD was thus removed from its Schedule 1 designation. However, CBD derived from marijuana is considered federally illegal because marijuana remains federally illegal. Hemp is considered an agricultural commodity, but still must be produced and sold under specific federal regulations, which were not finalized when hemp was legalized.

The Farm Bill also endowed the Food and Drug Administration (FDA) with the ability to regulate CBD's labeling, therapeutic claims, and presence in foods or drinks. Despite the Farm Bill's passage, the FDA has issued a directive that no CBD, not even hemp-derived, may be added to food or beverages or marketed as a dietary supplement.

As time passes, the FDA has begun re-evaluating that stance on CBD products but has yet to revise rules or specifically regulate CBD products. The FDA's slow movement has created further confusion on the state level. The FDA has historically been strict when it comes to health claims or content that could be understood as medical advice — and makes no exception for CBD.

Hemp production and sale, including its cannabinoids and CBD specifically, remain tightly regulated federally. The Farm Bill provides that individual states may also regulate and even prohibit CBD cultivation and commerce. States may attempt to regulate CBD in foods, beverages, dietary supplements, and cosmetic products independently of the FDA's rules.

How long does CBD oil stay in your system?
Laws and regulations regarding CBD are evolving nationwide.
Photo by: Gina Coleman/Weedmaps

Guam CBD laws

Guam has no laws that refer specifically to CBD products derived from cannabis or industrial hemp. It does, however, have legislation regarding medicinal and recreational cannabis products.

The Joaquin Concepcion Compassionate Cannabis Use Act of 2013 authorized the use of medical cannabis as a treatment for the symptoms caused by debilitating medical conditions, Many individuals living on Guam are veterans who suffer from illnesses such as diabetes, cancer, post-traumatic stress disorder (PTSD), or cancer, and who may benefit from the palliative use of cannabis or cannabis products.

The compassionate use act defines cannabis as all parts of the cannabis plant, including the compounds, mixtures, derivatives, and preparations of the plant and its resin. Only individuals with patient registry identification cards and written certification from a medical practitioner are currently able to access medicinal cannabis products. 

In November 2014, a referendum was held with 56% voting in favor of legalizing medical marijuana for patients with conditions such as cancer, epilepsy, or post-traumatic stress disorder (PTSD). In 2015, Guam became the first U.S. territory to legalize medical marijuana, though the program still isn't operational.

The legalization of recreational cannabis was first proposed in Guam in 2017.

In March 2019, the Legislature passed Bill No. 32-35, the Guam Cannabis Industry Act of 2019. On April 4, 2019, Democratic Gov. Lou Leon Guerrero signed the bill that permitted the full recreational legalization of cannabis.

The Guam Department of Public Health and Social Services released a statement in July 2019 that CBD products must not be marketed for use in the diagnosis, cure, mitigation, treatment, or prevention of diseases or for promoting changes to bodily functions.

As of August 2019, recreational cannabis use became legal for individuals 21 and older. Cannabis can be cultivated only for personal use and cannot be resold to others without a license. 

The definition of cannabis provided in the Guam Cannabis Industry Act of 2019 is identical to the description provided in The Joaquin Concepcion Compassionate Cannabis Use Act of 2013

Under this definition, cannabis includes infused products and cannabis concentrates that contain any amount of cannabis, such as CBD products. The consumption of cannabis and cannabis products is not permitted in public places and is punishable by a fine.

The Cannabis Control Board (CCB) is responsible for the regulation of recreational cannabis. The Cannabis Control Board consists of nine members, and was created by the Guam Cannabis Industry Act of 2019 to regulate cannabis for public health, safety, welfare and taxation purposes. 

According to a fact sheet released by the Cannabis Control Board, CBD products from cannabis are not available for public purchase or consumption until a licensed cannabis retailer has been established on the island.

New formulations of CBD allow the cannabinoid to be used in a variety of ways.
Photo by: (Gina Coleman/Weedmaps)

Licensing requirements for CBD

CBD products for personal use must comply with the guidelines and rules expressed in the Guam Cannabis Industry Act of 2019

In April 2020, the Cannabis Control Board is expected to release rules and regulations regarding the health and safety regulations for the manufacture of cannabis products. It also is slated to release its guidelines for the labeling, packaging, and sale of cannabis and cannabis products such as CBD oil, and specify the civil penalties for failure to comply with regulations.

Cultivation of cannabis for personal use can occur only within a private residence that is owned by the cultivator. The cultivation of cannabis must take place within a fully enclosed area such as greenhouse that can be locked and is not visible to the public. 

Violations of the regulations regarding cultivation are punishable by a fine up to $500.

The sale of cannabis grown for personal consumption is illegal. Up to 1 ounce, or 28.35 grams, however, can be legally gifted.

Medicinal cannabis products, including medicinal CBD products, must comply with the regulations expressed in The Joaquin Concepcion Compassionate Cannabis Use Act of 2013. Licensing requirements regarding the sale of medicinal cannabis products, their labeling, and testing are not explicitly stated in the act.

Guam CBD possession limits

An individual in Guam is permitted 1 ounce, or 28.35 grams, or less of cannabis, 8 grams or less of cannabis concentrate, and cannabis products containing 800 milligrams or less of THC. 

There are no stated possession limits for CBD products derived from industrial hemp.

Possession of more than 1 ounce, or 28.35 grams, of cannabis can result in a fine of up to $500, or a maximum of sixty days in prison. Possession of cannabis or cannabis products within a school zone can result in a fine of up to $1,000 and up to one year in prison.

Where to buy CBD in Guam

There is a range of options available for those interested in purchasing CBD products in Guam.

CBD oils, tinctures, edibles and salves derived from industrial hemp can be found at pharmacies, health food stores, cafes, restaurants, and online marketplaces.

Ordering online is often the most convenient option for consumers.

How to read CBD labels and packaging

Most reputable CBD producers will typically include the following information on their CBD product labels:

  • Amount of active CBD per serving.
  • Supplement Fact panel identifying other ingredients and cannabinoids 
  • Net weight or volume.
  • Manufacturer or distributor's name.
  • Suggested use.
  • Batch or date code.
  • Full spectrum, broad spectrum, or isolate. 

Full-spectrum oil combines CBD with cannabis-derived terpenes, a trace amount of THC, as well as lesser-known cannabinoids such as cannabigerol (CBG) and cannabinol (CBN). Broad-spectrum CBD oil contains a similar array of cannabinoids and terpenes but without the THC. Isolates are created by removing all other cannabinoids and terpenes, resulting in a crystalline powder that is pure CBD. 

The FDA may classify a product as a drug if the label claims that the product treats or prevents disease. CBD oil and CBD-infused product labels should not make any therapeutic or nutritional claims. 

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The information contained in this site is provided for informational purposes only, and should not be construed as medical or legal advice. This page was last updated on June 28, 2021.