Frequently Asked Questions

Cannibis Seeds

Is it legal to sell cannabis seeds?

The sale of cannabis seeds is not illegal, regardless of the laws in your state or province. Certain states such as Texas have laws that prohibit not only the cultivation of cannabis seeds, but even the purchase of prepared medical cannabis to treat the wide range of ailments for which patients laud this natural alternative. But even in places where growing is not allowed, cannabis seeds can be sold with the provision that they are adult novelty souvenirs, not gardening items.

Why are feminized cannabis seeds more expensive?

Regular cannabis seeds – the kind you’d find in stores years ago, or that you might pick off your regular cannabis plants – are a combination of male and female genetics, and when planted will average half male and half female plants. This is due to the traditional pollination of the plants, wherein the males pollinated the females to produce seeds.

While this is great if you want to continue harvesting your own cannabis seeds, it can cause problems for people hoping to simply harvest useable, medicinal flowers for treatment. Males are important for female fertilization, but they are detrimental to flower or bud production. Female plants pollinated by males quite simply “go to seed”. The result is low-quality buds and lots of seeds for replanting!

Feminized cannabis seeds do not produce any male plants because the plants from which they were harvested did not come into contact with male plants. Female cannabis has an interesting ability to self-pollinate when it fears no male is present. Seeds harvested from female plants who pollinated themselves are 99% guaranteed to produce female plants.

Since most gardeners weed out their male plants before they have a chance to pollinate the females and damage the buds, feminized cannabis seeds save the grower both time and money: no need to identify and pull males, and no need to waste seeds and space on plants that will never be harvested.

So, you can see, feminized cannabis seeds might cost a little bit more in the beginning, but you are guaranteed to get as many harvestable plants as germinated seeds.

How much do cannabis seeds cost?

How much you will pay for cannabis seeds depends on the strain of marijuana you buy. Typically, a pack of 1 or 2 seeds starts at around $40. You can expect to pay up to $500 for high-end strains. Again, it is important to only buy cannabis seeds from a legal and reputable seed bank or dispensary — and only if you know you are abiding by state law.

Personal Use of Marijuana

Does this mean all marijuana will be legal?

Referencing this GuamPDN article.

No.

  • It will be illegal to sell or give marijuana to anyone under 21, with the exception of medical marijuana.
  • Driving under the influence of marijuana will remain illegal.
  • Personal use is restricted to an ounce or less.
  • Possession of more than six plants, or more than three mature plants, is not allowed.

What about edibles and oils?

The law allows adult possession of 8 grams or less of cannabis concentrate or cannabis-infused products containing 800 milligrams or less of tetrahydrocannabinol.

Can I grow my own marijuana?

  • Adults 21 years old and older can grow no more than six plants for their personal use. You must have the consent of the person who owns the property.
  • Of the six plants, no more than three can be mature, flowering plants.
  • Marijuana must be grown in an enclosed, locked place and cannot be visible to the public.

Can I sell marijuana?

  • Marijuana can only be sold by a regulated business, and it must be tested, packaged, labeled and tracked so that it is not supplied to people under 21 or diverted to states or jurisdictions where it is illegal.
  • The law allows adults to give one another less than an ounce of marijuana, immature cannabis plants or the legal amount of edibles and oils “without remuneration.”

Can I smoke or vape marijuana anywhere?

No. Marijuana cannot be publicly consumed.

Can I bring marijuana through from other places, either through the mail or by carrying it to Guam onboard an aircraft?

No. Marijuana is still an illegal drug under federal law, and it cannot legally be shipped through the mail or on airplanes. In the U.S., even flying between two airports in a state where marijuana is legal is not permitted under federal law.

According to the Transportation Security Administration, “Possession of marijuana and cannabis infused products, such as Cannabidiol (CBD) oil, is illegal under federal law. TSA officers are required to report any suspected violations of law, including possession of marijuana and cannabis infused products.”

Establishing the Marijuana Industry

When will the stores open?

The law calls for the creation of a Cannabis Control Board within a year, and that board will make rules for regulated marijuana production and sales. Within 90 days after the rules become effective, the board will begin accepting applications.

If an application is submitted and the applicant is following regulations, an annual registration should be issued within 60 days, or 30 days if it is a renewal.

If the board takes a year to create the rules, and applications are accepted within 90 days, and registrations are issued 60 days later, marijuana could be sold in stores by mid-2020.

How will these businesses be regulated?

The Cannabis Control Board will create regulations for the “issuance, renewal, suspension, denial or revocation” of registered cannabis establishments. The board will set the application fee, which will be no more than $5,000 with annual adjustments for inflation unless the board “determines a greater fee is necessary to carry out its responsibilities.” The board will develop security, transportation and storage requirements; labeling and packaging requirements; health and safety standards; advertising and display restrictions; and restrictions on how much marijuana can be purchased at any time.

Will marijuana byproducts be legal, such as oils and edibles?

Yes, within limits. The bill allows adults age 21 and over to buy and possess 8 grams or less of cannabis concentrate or any cannabis-infused products containing 800 mg or less of tetrahydrocannabinol.

How will taxes be collected?

  • A Guam excise tax will be charged on the sale or transfer of cannabis from the cultivation facility to the store or manufacturing facility. Cultivation facilities will be charged 15 percent on the dollar value of cannabis sold or transferred unless the cannabis is sold as medical marijuana.
  • The Department of Revenue and Taxation is charged with establishing procedures for the collection of all excise taxes. The Cannabis Control Board may establish an alternate tax rate or structure as part of the rules it develops.

How will the revenue be spent?

Half of the excise tax collected will be deposited into the Cannabis Fund, with 25 percent of that money going to the Department of Public Health and Social Services and 25 percent being divided as follows:

  • 15 percent to Guam Police Department for recruiting and maintaining officers and purchasing equipment and detection devices.
  • 15 percent to Customs and Quarantine for recruiting and maintaining officers and purchasing equipment and detection devices.
  • 20 percent to Rev and Tax.
  • 40 percent to Guam Behavioral Health and Wellness Center substance abuse treatment, prevention, and education.
  • 10 percent to the Department of Agriculture’s Conservation Officer Law Enforcement Section.

The balance is not specified in the legislation.

How can we make sure that products such as edibles are not consumed by underage people?

The Cannabis Control Board is charged with creating “requirements to prevent the sale or diversion of cannabis and cannabis products to persons under the age of 21.” The board must also oversee the “implementation of a ‘seed to sale’ tracking system,” according to the legislation.

Retail workers who sell marijuana to those under 21 will be guilty of a petty misdemeanor.

Does seed to sale tracking mean people who buy marijuana will be tracked?

No. The legislation specifically says that to protect individual privacy, the board will not require customers to provide “personal information other than government-issued identification to determine the consumer’s age, and a retail cannabis store shall not be required to acquire or record personal information about consumers.

Rights of Employers, Business Owners, Landlords

Can my employer tell me I cannot use marijuana?

Yes. According to the legislation, nothing in the bill will affect “the rights and obligations of public and private employers to maintain a drug and alcohol-free workplace.” Employers will still be allowed to “have policies prohibiting the use of marijuana by employees and prospective employees in the workplace.”

Can I tell people they cannot possess marijuana in my business or on my property?

Yes. According to the legislation, nothing in the bill prevents “a person, employer, school, hospital, recreation or youth center, correction facility, corporation” or anyone else who “occupies, owns or controls private property” from prohibiting possession or use of marijuana on the property.