Page 1

Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

Guam Department of Agriculture

GUAM HEMP PLAN (Final Nov. 2023)

Target Population: Producers, Growers and Processors of Hemp

Statutory Authority: Final Rule (7 CFR Part 990)

USDA published a final rule on January 19, 2021, that provides regulations for the production of hemp 

in the United States and is effective on March 22, 2021. The final rule builds on the interim final rule 

published October 31, 2019, that established the U.S. Domestic Hemp Production Program. In January 

2021, USDA issued the FR to further clarify the requirements necessary for USDA to approve such 

plans. In compliance with Guam Law and Federal Law, the Department submits the “Guam Hemp 

Plan”.

The Guam Hemp Plan includes provisions for maintaining information on the land where hemp is 

produced, testing the level of total delta-9 tetrahydrocannabinol, disposing of plants that do not meet 

the necessary requirements, licensing requirements, and ensuring compliance with the USDA and all 

federal guidelines.

Purpose

This document sets forth the Department’s policy for issuing hemp certifications and establishes the 

Guam Hemp Plan, which outlines the procedures and requirements for cultivating and producing hemp 

products in Guam. The Plan establishes the Department’s expectations related to hemp research and 

development and provides information on how to become a Bona Fide Hemp “Grower” and “Processor” 

for the production of commercial and industrial hemp in Guam. All proposed activities related to the 

growing and processing of commercial and industrial hemp will need to obtain a Bona Fide Hemp 

Certificate under this Plan to be considered in compliance with Federal and Guam law. If there is a 

question as to whether a proposed activity requires a certificate, please contact the Department to 

determine whether the activity falls under this Plan.

The Guam Hemp Plan consists of rules and regulations required by federal regulations under, the U.S. 

Domestic Hemp Production Program, but is only effective upon approval by the USDA. This Plan 

becomes effective upon USDA’s approval of the Guam Hemp Plan, and these policies will remain in 

place and govern the hemp industry in Guam once approved.

Hemp Industry Background and Hemp Explained

Through the promulgation of the 2018 Farm Bill several changes in the law were made to promote the 

industrialization of hemp throughout the States and its Territories that were considered by the 

Department in adopting the Guam Hemp Plan. These changes include:

• legalizing the production of hemp as an agricultural commodity and using hemp to manufacture 

multiple types of goods legally;

• removing “HEMP” from the list of controlled substances;

• listing hemp as a covered commodity under crop insurance and directing the Federal Crop 

Insurance Corporation board to streamline the process for developing hemp policies;

o https://www.rma.usda.gov/Federal-Crop-Insurance-Corporation
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Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

• requiring the Secretary of Agriculture to conduct a study of hemp-related agricultural pilot 

programs implemented under the 2014 Farm Bill;

• allows for certain grant funding 7 USC § 3319d(c)(D);

• setting up a shared state and federal regulatory authority over the issue and outlining the steps 

a state must take to develop a plan to regulate hemp to submit to the Secretary of Agriculture 

for approval;

• preventing the disqualification of farmers from receiving certain federal benefits (crop 

insurance 7 USC § 1502; 7 U.S.C. 1508(a)(2); 7 U.S.C. 1518; 7 U.S.C. 1522(b)); and

• establishes that a producer who derived part of his revenue from hemp (as defined in the 2018 

Farm Bill), would not be found ineligible to participate in the Whole Farm Revenue Protection 

Plan (“WFRP”);

What is Hemp?

“Hemp” is a term used to classify varieties of Cannabis that contain 0.3% or less THC content (by dry 

weight) and is considered a non-intoxicating part of Cannabis that is harvested for the industrial use of 

its derived products. Hemp is one of the strongest natural fibers in the world and is known to have over 

50,000 different uses. By focusing on the different uses of hemp, the Guam hemp program intends to 

build its manufacturing sector and begin the production of multiple crucial products that will be made 

in Guam but available for export and use around the world. Examples of the types of crucial products 

that can be manufactured and exported for use through hemp production are included in the chart below:
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Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

The below policies and operating Guam Hemp Plan include measures to facilitate the creation 

of crucial resources, and establishes practices and procedures to implement industrial and 

commercial hemp production in Guam.

Key Considerations

The Department encourages all potential hemp program participants to consider the following:

• The Department is not responsible for federal funding, if you currently participate in or receive 

assistance from any activities or programs that are provided by the federal government or that 

utilize federal funds (i.e., loans, insurance, grants, management plans, etc.), only the Federal 

Government can guarantee that you may be entitled to continue to receive funding or assistance 

under these programs while engaging in activities permitted under the Guam Hemp Plan.

• The Department is not responsible for federal oversight, if it is determined by the Federal 

Government that the applicant has violated federal rules this Plan does not subject the 
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Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

Department or the Government of Guam to liability based on any decisions made by the federal 

government.

• The Department and the Guam Hemp Plan is subject to federal rules, regulations and policies, 

if the Federal Government issues interim rules or establishes new polices this Plan is subject to 

operational changes based on the issuance of new Federal rules, policies, or guidelines; thus, 

the Guam Hemp Plan may be subject to changes if mandated by the Federal Government.

• The Department must comply and is not responsible for federal restrictions issued, if the 

property on which you intend to grow hemp is subject to an Agricultural Preservation 

Restriction (“APR”) issued by the Federal Government, and it contains language prohibiting 

certain activities your ability to engage in activities permitted under this Plan may be limited or 

prohibited, and your eligibility for technical assistance or grants may be similarly restricted by 

the Federal Government.

• Zoning Code provisions, applicable under 21 GCA Real Property Chapter 61, The Zoning Law 

of the Territory of Guam, that apply to agricultural zones may limit areas in which permitted 

agricultural production, and these limitations may apply and limit hemp production to certain 

areas.

• To ensure a Department approved end use for your Crop, you will need to determine such enduse before applying for a Bona Fide Hemp Farmer Certificate and may wish to consider entering 

into an agreement with a Processor prior to cultivation. A Processor may also want to consider 

entering into an agreement with a Grower.

• Guam’s hemp program is new and evolving, thus some factors may be unique to Guam when 

growing this type of crop, and climate, as well as soil conditions, may result in different or more 

abundant seeding, growing, and flowering stages as well as cycle times than is typical when 

growing hemp in other areas.

• You should consider existing restrictions on the use of pesticides that may impact the ability to 

grow the hemp crop.

• You may wish to consider whether indoor or outdoor growing or a combination of both, would 

be best suited to the type and volume of Crop required for your business needs.

Severability

• If any provision of these rules or the application of this Plan by any person or under any 

circumstance is held invalid for any reason, the invalidity shall not affect the other provisions 

or any other application of these rules and this Plan which can be given effect without the 

invalid provisions or application. To this end all provisions of this Plan and its sections are 

severable.
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Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

I. GENERAL INFORMATION – Hemp Use, Applications, 

Certifications and Permits, and Plan to Maintain Relevant Producer 

and Land Information

A. Definitions

As used in this Policy, the following words shall have the following meanings:

• Act: Final Rule (7 CFR Part 990)

• Authority and Purpose of Rules: means pursuant to the authority vested in the Guam 

Department of Agriculture for the purpose of this Plan is to establish the standards, practices, 

procedures, and requirements for growing and processing hemp in Guam.

• Acceptable Hemp THC Level: when a laboratory tests a sample, it must report the total delta-9 

tetrahydrocannabinol content concentration level on a dry weight basis and the measurement 

of uncertainty. The acceptable hemp THC level for compliance with the requirements of State, 

Tribal, or USDA hemp plans is when the application of the measurement of uncertainty to the 

reported delta-tetrahydrocannabinol content concentration level on a dry weight basis produces 

a distribution or range that includes 0.3% or less. For example, if the reported delta-9 

tetrahydrocannabinol content concentration level on a dry weight basis is 0.35% and the 

measurement of uncertainty is +/- 0.06%, the measured delta-9 tetrahydrocannabinol content 

concentration level on a dry weight basis for this sample ranges from 0.29% to 0.41%. Because 

0.3% is within the distribution or range, the sample is within the acceptable hemp THC level 

for the purpose of compliance.

• Bona Fide Hemp Grower Certificate: a certification issued by the Department under the 

authority of the USDA which authorizes a person to cultivate hemp in Guam. The Certificate 

must contain a number in a USDA approved format. See PDF: 

https://www.ams.usda.gov/sites/default/files/media/StateandTribalPlanRequirements.pdf

• Bona Fide Hemp Processor Certificate: a certification issued by the Department authorizing a 

person to handle or process hemp in Guam.

• Cannabidiol or CBD: One of the several compounds produced by cannabis plants that have 

medical effects.

• Cannabinoids: Any of several compounds produced by cannabis plants that have medical and 

psychotropic effects. This includes but is not limited to CBD and THC.

• Cannabinoid Profile: The amounts expressed as the dry weight percentages of delta-ninetetrahydrocannabinol, Cannabidiol, tetrahydrocannabinolic acid and cannabidiolic acid in a 

hemp product.

• Certificate: Bonafide Hemp Grower/Processor Certificate.

• Certified/Certificate Holder: An authorized Hemp Grower/Processor having been approved by 

Guam Department of Agriculture and in possession of a valid Certificate that is current.
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Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

• Commercial: The growth of hemp for profit, and for any purpose including engaging in 

commerce, market development, and market research, by any person or legal entity other than 

an institution of higher education under the Research and Development program approved by 

the Department for purposes of agricultural or academic research in the development of 

growing Industrial Hemp.

• Crop: Cannabis sativa L. grown for commercial or industrial purposes.

• Cultivate: means to plant, water, grow, and harvest a plant or crop.

• Director: The Director of the Guam Department of Agriculture.

• Extractor or Extraction: A way of processing hemp plants. The Extractor will take the hemp 

crop and extract from it to produce various items such as those indicated in the chart on pg. 2 

(e.g. fiber, seed, oil, or CBD)

• Flowering Plant: Any hemp plant that has entered its blooming phase.

• Grower: A person that cultivates hemp. Also identified as Hemp Producer

• Growing Area or Site: An area, lot, parcel, or tract of land identified in an approved Bona Fide 

Hemp Grower Certification application on which a Bona Fide Hemp Grower cultivates or 

intends to cultivate hemp. A Grow Site may include greenhouses as well as land and buildings 

that are not used to cultivate hemp.

• Growing Plant: Any hemp plant that has not yet entered the blooming phase to become a 

Flowering Plant.

• Harvest: The termination of the cultivation process, or after the cultivation process the 

movement of hemp from a Growing Area or Site to another location.

• Harvest Form: A form required before harvest which includes location, variety and amount of 

hemp produced, and an expected harvest or destruction date, whichever is applicable, and which 

allows the Department to coordinate with the Grower to schedule the required inspections and 

sampling.

• Hemp: The plant Cannabis sativa L. and any part of that plant, including the seeds thereof and 

all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether 

growing or not, with the federally defined THC level for hemp.

• Hemp Crop: one (1) or more unprocessed hemp plant(s) or plant parts.

• Industrial Hemp: Hemp that is used to build, develop, or otherwise manufacture goods and 

products.

• Law Enforcement: Any Federal, State, local law enforcement, or designated agency and the 

activities of these agencies which enforce the Plan as well as law, policies, rules, and regulations 

applicable to this Plan and regulation of the hemp industry.
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Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

• LOT: A LOT is the same variety/strain of hemp with the same planting date. Strains/Varieties 

may not be intermingled. 

• Manufacturer: A type of Processor that creates an end product from the cultivation of hemp that 

is packaged, labeled, and made ready for sale (e.g. production of cloth, infused products, 

building products, and edibles).

• Monthly Reporting: means the information provided by each calendar month that includes 

Planting and Harvest Forms, variety verification and information, seed source description, 

destruction information, sale and buyer information, and intended use. Reporting as required.

• Person: A natural person, corporation, association, partnership, or other legal entity.

• Planting Form: A form, required after planting, that indicates the location, variety, source, 

intended use, and expected harvest date of the Crop along with an inventory of any remaining 

hem seeds that were not planted after the acquisition, and associated plans for storage or transfer 

to another certified program participant.

• Responsible Official: a sole proprietor, a partner in the partnership, or a person with executive 

managerial control in a corporation. A person with executive managerial control includes 

persons such as a chief executive officer, chief operating officer, and chief financial officer. 

This definition does not include non-executive managers such as farm, field, or shift managers. 

These Officials are also required to provide a Criminal History Background Check.

• Process or Processing: converting an agricultural commodity into a marketable form.

• Processor: A person that converts hemp into a marketable form, including through extraction 

or manufacturing, and handles hemp during and after this process.

• Product lot: a specific quantity of finished hemp products having uniform character and quality 

within specified limits.

• Qualified Agricultural Producer: a producer of agricultural products who meets one of the 

following criteria:

1. The person or entity is the owner or lessee of agricultural land or other real property 

from which $5,000.00 or more of agricultural products in aggregate were produced and 

sold during the year, including payments from government sources;

2. The person or entity is in the business of performing agricultural operations and has 

provided $5,000.00 of such services during the year;

3. The person or entity is in the business of producing long-term agricultural products 

from which there might not be annual income, including, but not limited to, timber, 

pulpwood, orchard crops, pecans, livestock, and horticultural or other multiyear 

agricultural or farm products. Applicants must demonstrate that sufficient volumes of 

such long-term agricultural products will be produced which can generate in aggregate 

at least $5,000.00 in annualized sales in the future; or

4. The person or entity must establish, to the satisfaction of the Commissioner of 

Agriculture, that the person or entity is actively engaged in the production of 

agricultural products and has or will have created sufficient volumes to generate in 

aggregate at least $5,000.00 in annualized sales.
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Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

• Quarterly Reporting: means the information provided by each calendar quarter that includes 

Planting and Harvest Forms, variety verification and information, seed source description, 

destruction information, sale and buyer information, and intended use.

• Registrant: Any individual or legal entity who holds a valid Certificate to grow or process hemp 

under this Plan.

• Registration: An authorization by the Director or Agricultural Development Services Chief for 

any individual or legal entity to grow Hemp on an approved grow site or area.

• Research and Development Program: Cultivation of Hemp by an institution of higher education 

under the pilot program administered by the Department for purposes of agricultural or 

academic research in the development of growing or manufacturing hemp goods.

• THC: Delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid.

• USDA: United States Department of Agriculture.

• DOAG Approved Certified Seed: Cannabis seed that is approved and labeled by the 

Department for cultivation.

• Guam Industrial Hemp Commission: A board made up of local government agencies and Guam 

businesses or individual participating in the hemp industry, which is responsible for facilitating 

the hemp program, policymaking, registration, licensing, and regulations of Hemp within 

Guam. (to be established)

• Variety: a group of plants or an individual plant that exhibits distinctive observable physical 

characteristic(s) or has a distinct genetic composition. See https://www.aosca.org/hemp/

• Verification: Documentation stating that the Department has sampled and sampled the Crop 

and determined that the Crop demonstrates that it is below the Acceptable Hemp THC level.

B. Approved Uses for Hemp and Industrial Hemp

Hemp shall be used in Guam for the following: (i) research purposes; (ii) cultivation and farming or 

seed production/importation; (iii) commercial purposes; and (iv) extracting, processing, and 

manufacturing or creating various goods and products as well as any other purpose considered 

reasonable if acceptable under federal guidelines. A list of some of the reasonable uses for Hemp are 

included below:

• Fiber

• Seed

• Hemp seed oil

• Cannabidiol (CBD) that is derived from a Crop that is certified by the Department as 

Industrial Hemp

• Seed for cultivation

• Seed, seed meal, and seed oil for consumption

• Food and Nutrition

• Body Care

• Paper and Plastic Alternatives

• Fuel
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Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

• Clothing

• Building Materials

• Department of Agricultural Pilot Program

• Hemp Research and Development Program

• Study and report to determine the economic viability of domestic production and sale of 

Hemp

Compliance with Federal Law - Nothing in these Rules will be construed as authorizing any person to 

violate any Federal law or regulation.

C. Application and Registration Requirements

Upon approval of the Guam Hemp Plan by the USDA, any Person proposing to engage in the planting, 

growing, harvesting, possession, processing, or cultivation of Hemp in Guam must register and obtain 

a Bona Fide Hemp Certification issued by the Department. Bona Fide Hemp Certifications are required 

for both Growers and Processors (including manufacturers and extractors) before engaging in any hemp 

growing or processing activity. Applicants interested in participating in the Guam Hemp Program and 

being a part of the Hemp industry must register and provide at a minimum the following information to 

be considered for a certificate:

Bona Fide Hemp Certification Requirements

Each applicant shall submit a complete, accurate, and legible application, in a form and manner 

determined by the Department. The following minimum information is required for a Certificate and is 

required as a part of the registration process to be submitted for each owner, responsible official and 

person(s) holding a beneficial interest in the Hemp Grower or Processor Certificate for which an 

application is being made:

i. Full name, address, and contact information of the applicant(s) and responsible officials;

ii. Type of business (corporation, sole proprietor, etc.), Business name, and all responsible 

officials;

iii. Employer Identification Number (EIN)

iv. If applicable, copies of the business entity’s Bona Fide Hemp Grower/Processor 

Certification with the Department and a license from the Department of Revenue and 

Taxation (DRT);

v. Name, address, and full legal description of the Hemp operation, grow site, or area, or any 

land, building, and place on which Hemp is grown, produced, or handled;

vi. GPS coordinates provided in decimal degrees taken at the approximate center of the 

growing field or building entrance; A map of the growing or processing area illustrating 

clear boundaries and dimensions of the growing area(s) in acres or square feet;

vi. If Hemp is cultivated in a field, the area in acres of each field;

vii. If Hemp is cultivated in a greenhouse or other building, the approximate dimension or 

square feet of the growing area;

viii. Written consent by the applicant or responsible official for the Department to conduct 

inspections, sampling, and testing under the terms of this Plan;

ix. A set of the applicant’s and any Responsible Official’s fingerprints; the Director shall 

require each first-time applicant for a Bona Fide Hemp Grower/Processor to file a set of 

the applicant’s fingerprints, taken by the Guam Police Department, and any other 

information necessary to complete a NEW territory or state-wide and nationwide criminal 

history check with the criminal investigation bureau of the Department of Justice for 
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Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

territory or state processing or with the Federal Bureau of Investigation for federal 

processing;

a. All of the costs associated with the criminal history check are the responsibility of the 

applicant. Criminal history records provided to the Department under this section are 

confidential. The Director may use the records only to determine if an applicant is 

eligible to receive a Bona Fide Hemp Grower/Processor to produce or process hemp.

xi. A non-refundable application fee in an amount which shall be established by the 

Department for application, certificate, and registration and;

xii. For growers, the FSA Form 578.

xiii. Any other information reasonably requested by the Department to fulfill its oversight 

obligations pursuant to 7 U.S.C. §§1639o-1639s.

Hemp Producers and Land Information

The Department must collect, maintain, and provide to USDA contact and real-time information for all 

hemp producers certified or certificate holders authorized in the territory. The Department requires that 

each prospective hemp cultivator and/ or processor applies for certification at the office of the Guam 

Department of Agriculture.

• This program will allow the Department to transmit information regarding licensed hemp 

producers to UDSA upon request. Specifically, the Department shall provide USDA, by the 

first of each month, through USDA’s information sharing system, HeMP, a report providing 

the contact information and the status of the Bona Fide Hemp Grower in Guam.

• The Department’s database shall collect at minimum the following information:

1. For each new Hemp producer who is an individual and is certified or authorized by the 

Department, the report shall include the full name of the individual, license or authorization 

identifier, business address, telephone number, and email address.

2. For each new Hemp producer that is an entity and is licensed or authorized by the 

Department, the report shall include the full name of the entity, the principal business 

location address, license or authorization identifier, employer identification number (EIN), 

and the full name, title, and email address of each employee for whom the entity is required 

to submit a criminal history record report.

3. For each Hemp producer that was included in a previous report and whose reported 

information has changed, the report shall include the previously reported information and 

the new information.

4. The period covered by the report, and the status of each Hemp producer’s certificate and 

registration.

5. Indication that there were no changes during the current reporting cycle, if applicable.

• The Department must collect and report to USDA monthly on all Hemp Producers and therefore 

requires a minimum the information above and all information required for USDA’s 

information sharing system HeMP: 

▪ The form was incorporated into the HeMP online platform. Please be sure you 

have access to Guam's account before Hemp Plan approval.
Page 11

Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

A Legal Description Collected for Land Where Hemp is Produced in Guam

The Department requires each prospective Hemp cultivator to provide the following information to 

the Farm Service Agency (“FSA”) for each growing location upon application within 30 days of 

planting and if any changes are made to hemp growing locations throughout the year those must be 

updated with FSA as well. Information is required to be updated annually:

• global positioning coordinates;

• physical address;

• maps for each field,

• greenhouse, building,

• or storage facility where hemp will be cultivated or stored;

• and the number of outdoor acres, indoor square footage, and the number of plants intended to 

be planted.

It is important that growers keep hemp lot information up to date with their local FSA office.

a) Guam Police Department may have access to the database with growing locations by 

contacting the USDA hemp program.

b) Growers must submit their 578 FSA form to DOAG. 

The USDA requires the Department to report annually on total planted acreage, total disposed acreage, 

and total harvested acreage. To comply with USDA reporting the Department must collect, and all 

Hemp producers must submit by November 30th each year to the Department, a report including the 

following: (1) total planted acreage, (2) total harvested acreage, and (3) total acreage disposed and 

remediated during the year.

In addition to the submission of the application, each applicant shall submit a nonrefundable application 

fee. If the application fee does not accompany the application, the certification application will be 

deemed incomplete and will not be processed until the fee is received. If an application is approved, a 

certification fee must be paid before the certificate is issued, payment of all fees including registration 

and renewal fees must be received by the Department before the issuance of a Grower or Processor 

certificate. All certifications expire on December 31st of the year issued, but are subject to a renewal by 

a form and manner determined by the Department.

NOTE: *All fees are subject to change or increase by the Department based on demand, available 

funding, resources, and costs imposed on the Department to process applications and renewals, 

maintain certifications, enforce policies, and meet federal requirements for reporting, recordkeeping, 

inspection, sampling, testing, and disposal.

Upon the approval of an application for a Grower or Processor certification, the Department will notify 

the Guam Police Department (GPD) where the crop will be grown and where the Hemp will be 

processed. This notification will include the address and GPS coordinates of the Crop or processing 

location and will be provided to answer any questions or concerns that they may have relative to the 

enforcement of the program. The Bona Fide Hemp Grower/Processor’s address and security schematic 

or global positioning system coordinates that are provided to the Department shall not be subject to 

public disclosure and any transmittal of this information from the Department to GPD shall include the 

fact that it is exempt from public disclosure by statute.

D. Bona Fide Hemp Grower/Processor Certification Approval, Denial, Renewal and Reporting 

Requirements
Page 12

Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

1. Types of licenses or permit, the following licenses and permits will be issued by the Department:

• Grower Certification

• For individuals, businesses, and Qualified Agricultural Producers

• Processor Certification

• For individuals and businesses

• Growing/Processor Certification

• For individuals, businesses, and Qualified Agricultural Producers

• Processor Permit

• For any individual handling Hemp or transporting Hemp (pending advisement from DRT)

2. Grower/Processor Dual Certification: An applicant may be permitted to obtain a dual certification 

for growing and processing Hemp by applying in a form and manner determined by the Department 

that requires all the minimum information listed above. Individuals, businesses, and Qualified 

Agricultural Producers proposing to participate in growing and processing activities must register, 

submit the appropriate application, pay all fees, and obtain the appropriate certification before 

beginning any growing and or processing of Hemp in Guam. Growers and Processors that are not 

seeking a dual certification are subject to the above rules and process but can select their desired 

application.

3. Processor Permit: An applicant may be permitted to obtain a Processor Permit solely for the handling 

of Hemp and/ or transportation of Hemp, by applying in a form and manner determined by the 

Department that requires all the minimum information listed above (if applicable). Individuals 

proposing to handle and/ or transport Hemp must register, submit the appropriate application, pay 

all fees, and obtain a Permit before handling or transporting Hemp (pending advisement from DRT).

4. Approval/Denial/Renewal of a Certification or Permit: The Department shall grant or deny a 

certification application after reviewing and ensuring all statutory and Plan requirements have been 

met. Any applicant denied a certification, permit, or certification/permit renewal may appeal no later 

than twenty-one (21) days after receipt of the notice of the certification or permit action. A request 

for an appeal should be submitted in writing to the Department.

a) Approval

If approved, the Department may issue a certificate that will contain, at a minimum, the following:

• Full name and address of the applicant(s);

• Name, address, and contact information of the Industrial Hemp operation;

• Department issued certification number;

• Enforcement procedures, and change of status requirements;

• Signature of approval and review by Department representatives;

• A written finding that the Grower/Processor has complied with 7 U.S.C. §§1639o-1639s that 

indicates licensure is in the best interest of the Territory; and

• Expiration date (All certificates and permits expire on December 31st of the year issued)

In the event of any material change to the information provided to the Department in the certification 

application, including the growing location, the Bona Fide Hemp Grower/Processor shall 

immediately notify the FSA and Department. Once notified, the Department will review the changes 

to determine whether a new certification application or an amendment to an existing certification 

will be required. A Bona Fide Hemp Grower/Processor shall not implement any proposed changes 

without prior written approval from the Department. All the aforementioned requirements also apply 

to Permits.
Page 13

Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

By applying, the Registrant acknowledges and agrees to the following terms and conditions:

i. Any information provided to the Department may be disclosed to law enforcement agencies to 

provide for safety and enforcement procedures, without further notice to the Registrant.

ii. The Registrant shall allow and fully cooperate with any inspection and sampling that the 

Department deems necessary.

a. A Registrant must have the legal right to cultivate Hemp on a grow site or area and the legal 

authority to grant the Department access for inspection and sampling.

iii. The Registrant shall pay for any inspection and laboratory analysis costs that the Department 

deems necessary within 30 days of the date invoiced.

iv. The Registrant shall submit all required reports by the applicable due dates specified by the 

Department.

v. Registrations cannot be assigned or transferred to another business, individual, or other entity 

without Department approval.

vi. Any additions to a grow site or area shall require Registration and approval by the Department 

and must be reported to the FSA.

a. Any Registrant that wishes to alter the growing area(s) on which the Registrant will conduct 

Hemp cultivation for Industrial or Commercial purposes shall, before altering the area, 

submit to the Department an updated legal description, global positioning system location, 

and map specifying the proposed alterations.

b. Amendments to an existing Registration are limited to changes within the original land area 

registered.

vii. All Hemp plant materials must be planted, grown, and harvested under a valid Registration. 

Any plant material that is not harvested in the Registration period in which it was planted must 

be declared for inclusion in a subsequent Registration.

viii. Incomplete applications will not be processed, and application fees will not be refunded if an 

application is denied or certification/permit is not granted.

ix. Any changes to contact information must be provided within 10 days of the change.

b) Denial

The Department shall deny an application for a certification or permit filed if the applicant: (i) fails 

to satisfy the minimum requirements for licensure/permit; or (ii) for good cause shown. Good cause 

to deny an application may include but is not limited to the following: failure to comply with this Plan 

or other statutes or regulations that govern Hemp producers, problematic site location (violation of 

zoning laws), or failure to provide additional information reasonably requested by the Department.

c) Renewal
Page 14

Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

All Growers and Processors will be required to submit a certification or permit renewal application 

before the expiration date of their current certification. To ensure that the Department has ample time 

to review and issue the renewal, renewal applications must be submitted to the Department annually 

between October 1st and November 15th. The Department will review all renewal applications under 

this Plan, and with all regulations, policies, and guidance that may be in effect at the time the renewal 

application is submitted. The Department will also evaluate the Grower or Processors history with 

the Guam Hemp Program. The Department may automatically deny a renewal if it determines the 

Grower or Processor has not complied with this Plan or other statutes or regulations that govern Hemp 

producers and their operations.

• Each annual renewal application shall be subject to a fee set by the Department.

• If the renewal fee does not accompany the application, the application for licensure renewal 

will be deemed incomplete, and denied.

d) Quarterly Reporting and Form Submission Requirements

At the beginning of each Calendar Quarter, and no later than the 7th day of January, April, July, 

and October, Registrant shall file on a form provided by the Department a report that includes:

1. A statement of verification that the Registrant has reasonable grounds to believe that the 

plants the Registrant will grow are of a type and variety of Cannabis that will produce a 

total delta-9 THC concentration of no more than the acceptable hemp THC level.

2. A description of all the different sources of seeds used during the quarter.

3. A listing of numbers and varieties of all the living plant counts at the time of the Report, 

divided into categories: A) Seedlings/Clones, defined as rooted plants less than 12 inches 

in height B) Growing Plants C) Flowering Plants.

4. A listing of numbers and varieties of plants destroyed for any reason, and by which 

destruction method (among options approved by the Department and listed on the Quarterly 

Report form).

5. A listing of the amount (in dry weight) and varieties of Industrial Hemp harvested.

6. A listing of the amount in dry weight of Hemp sold to processors or other buyers, listing 

the name of each buyer and amount in dry weight flower and other plant biomass purchased.

7. A statement of intended end use for all parts of any Hemp grown within a Grow Site or 

Area.

• Additionally, all Bona Fide Hemp Grower/Processor and any approved permits (if applicable) 

or participants may be subject to the reporting requirements listed in Section VII below.
Page 15

Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

II. GROWER INFORMATION – Inspection, Sampling, Testing, 

Disposal, Acceptable Methods, and Post-Harvest Procedures and 

Requirements

A. General Grower Information

An applicant for a Growers certification will be required to certify that they agree to obtain seed with 

the necessary documentation and to provide this documentation to the Department before planting the 

Crop, or otherwise upon request. The Department may require that a distributor provide additional 

information before the distributor is approved to distribute seeds in the Territory.

A Grower may not obtain seeds without first obtaining a certificate issued by the Department, and must 

meet the following requirements:

1. Seed Acquisition

Pursuant to Guam Law, a Grower shall only acquire Hemp seeds from a distributor that has been 

approved by the Department. The Department shall deem a distributor to be an “approved 

distributor” if it:

i. Produces certified seeds that contain the Acceptable Hemp THC Level; and

ii. Provides documentation to the Grower showing the Acceptable Hemp THC Level at the 

time the seed is received by the Grower.

2. Sign Posting

a. A Grower must post a Department-approved sign at conspicuous points of entry to the 

Grow Area or Site where Crop is grown. If there is more than one point of entry, a Grower 

must post a sign every 200 feet.

b. Signs should be at least fourteen (14) inches by sixteen (16) inches with letters one (1) inch 

high and contain, at a minimum, the following:

i. Statement “Crop grown in this field is Hemp that is certified by the Guam 

Department of Agriculture.”;

ii. Department issued certificate number;

iii. Emergency contact information (Name and phone number); and

iv. Department contact information: _________ (input number).

3. Reporting of planting information to the Department

a. Upon the Grower receiving the seed, the Grower must provide the Department with a copy 

of the seed certification obtained from the seed distributor demonstrating that the seed is at 

or below the Acceptable Hemp THC Level.

B. Planting Form Submission

The Grower must submit to the Department an approved Planting Form and comply with quarterly 

reporting requirements and reporting requirements in Section VII below.

C. Inspection, Testing, and Disposal

The Department is authorized to conduct inspections and testing to ensure compliance of all activities

authorized under Guam Law This includes compliance with the Plan, the Final Rules, as well as testing 

to ensure Acceptable Hemp THC Level. All samples will be taken and collected by the Department or 
Page 16

Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

personnel designated by the Department and all personnel will receive training on the sample collection 

techniques; this process of collection requires the following:

i. Within thirty (30) days of the anticipated harvest, the Bona Fide Hemp Grower/Processor must 

have a department-approved sampling agent collect samples from the flowering material of such 

cannabis plants for delta-9 tetrahydrocannabinol concentration level testing. If harvest does not 

occur within 30 days of sample collection, a new sample must be pulled.

1. Every lot of hemp as reported to FSA must receive a passing THC compliance test 

within 30 days of harvest. A lot is the same variety/strain of hemp with the same 

planting date. Consider adding a definition for “lot” to your definitions for clarity. 

2. Each Grower will be contacted by Guam Department of Agriculture by email to 

notify them when they are approved to sample.

ii. Sampling will be conducted per the USDA’s most current Sampling Guidelines for Hemp 

Growing Facilities, which will be made available on the Department’s website.

iii. The method used for sampling from the flower material of the cannabis plant must be sufficient 

at a confidence level of 95 percent that no more than one percent (1%) of the plants in the lot 

would exceed the Acceptable Hemp THC level. The method used for sampling must ensure that 

a representative sample is collected that represents a homogeneous composition of the lot.

i. Inspections

a. All Growers are subject to inspections of Crops to verify that the total delta-9 THC 

concentration of the Cannabis planted within the Registered Grow Site or Area does not exceed 

the acceptable hemp THC level on a dry weight basis. A target routine inspections of at least

25% of Registrants shall occur at least once per year which may be onsite inspections or 

remote records inspections. The Department will make every effort to provide advance notice 

of inspections to the Grower unless such notice impacts the Department’s ability to conduct 

necessary enforcement activities authorized by Guam Law.

b. For routine inspections, the Department or a designee shall send notification by email, phone 

call or certified mail that an inspection will occur within the following 10 business days. It is 

the responsibility of the Registrant to contact the Department to schedule a specific inspection 

time and date within that 10 business-day period. Failure to contact the Department as required 

will result in a mandatory inspection.

c. The Department may order inspections and take samples from any Registered Grow Site or 

Area during normal business hours without advance notice if they have reason to believe that a 

violation of the Plan may be occurring or has occurred. The Department may also direct 

additional inspection and sampling to verify compliance with the reporting requirements of this 

Plan and if required by USDA.

d. During the inspection, the Registrant or authorized representative shall be present at the 

growing operation on the Registered Grow Site or Area. The Registrant or authorized 

representative shall provide the Department’s Inspector with complete and unrestricted access 

to all Cannabis plants, parts and seeds within a Registered Grow Site or Area whether growing 

or harvested, and all land, buildings and other structures used for the cultivation and storage of 

Hemp, and all documents and records relevant to the Registrant’s Hemp growing business.
Page 17

Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

e. The following Inspections will occur:

i. Inspection During Certification Application:

• Prior to issuing a certificate, the Department may schedule a site visit to 

the property. The purpose of this visit will be to review the information that 

was provided during the application process and to also ensure a better 

understanding of the growing operation.

ii. Routine Sampling:

• The Department will test each lot to ensure that the Crop does not exceed 

the total 0.3% THC level. Sampling shall be conducted for all Bona Fide 

Hemp Grower/Processor before harvest and with the Grower present. 

Routine sampling will be scheduled in advance with the Grower or an 

authorized representative of the Grower.

• Routine sampling must be conducted within 30 days of harvest. If the 

harvest is not completed within 30 days new compliance sample must be 

collected and tested. Payment of the additional sampling is the 

responsibility of grower.

iii. Record Inspections:

The Department may conduct routine record inspections to ensure that the 

Grower is maintaining all necessary information. This may include plant 

nutrient applications and any other record-keeping required by law or this 

Plan.

iv. Follow up Inspections: 

The Department may conduct follow up inspections to determine if the 

information provided by the Grower is true and accurate. This follow up 

may include planting and harvesting observations; a sampling of the Crop; 

shipment procedures; or additional record reviews. These inspections may 

be announced or unannounced.

2. Sampling and Testing

a. Procedures to Conduct Sampling and Testing 30 Days Before the Harvest Date Anticipated:

The Grower shall contact the Department no later than 30 days prior to harvest of any Crop LOT 

or any portion of the Crop LOT to schedule sampling and testing, and is subject to the following:

i. A Bona Fide Hemp Grower/Processor must not harvest any cannabis before samples are 

taken.

ii. Before sampling or testing, samples from different lots are not to be commingled.

iii. During a scheduled sample collection, the Bona Fide Hemp Grower/Processor or an 

authorized representative of the Bona Fide Hemp Grower/Processor must be present at the 

grow site.

iv. The cannabis material to be collected for sampling will be determined by the Department 

approved sampling agent and is subject to USDA guidelines available below:

v. https://www.ams.usda.gov/rules-regulations/hemp/information-sampling

vi. Individual or composite samples of each variety of Cannabis may be sampled from the 

Registered Grow Site or Area at the Department’s discretion. (The sample collected for 

official compliance must be a representative sample of the entire LOT.
Page 18

Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

vii. The Department may contract with third-party laboratories to provide testing services on 

its behalf. Any lab that the Department contracts with shall meet the standards set out by 

USDA.

viii. Only samples taken by a Department’s approved sampling agent will be considered official 

samples.

ix. The Bona Fide Hemp Grower/Processor will be responsible for paying all sampling fees. 

No compensation will be owed by the Department to the Bona Fide Hemp 

Grower/Processor for any such sampling or for any samples collected by the Department 

approved sampling agent.

x. The Department approved sampling agent(s) must be provided with complete and 

unrestricted access during business hours to all hemp and other cannabis plants and 

material, whether growing or harvested, and all land, buildings, and other structures used 

for the cultivation, handling, or storage of all hemp and other cannabis plants, and all 

locations listed in the Bona Fide Hemp Grower Certification.

• The Grower shall harvest within thirty (30) days of the collection of samples. If harvesting after 

collection of samples but before receiving the sample results, the Grower must hold onto all 

harvested Crop material until a Certificate is issued from the Department. A new compliance 

sample will need to be collected if harvest is not completed within 30 days.

• The Grower shall submit to the Department an approved Harvest Form within thirty (30) days 

of harvest.

• If sample results show Acceptable Hemp THC Level, then a Certificate will be issued by the 

Department to the Grower. Upon receipt of a Certificate, the Grower may move the Crop off 

the certified site through a Permit Processor if needed for processing or sale.

b. Other Procedures:

• The Department shall take samples from Registered Grow Sites or Areas where hemp is being 

cultivated by the Bona Fide Hemp Grower/Processor. The samples shall consist of cuttings 

from at minimum five hemp plants within the growing location. A set of samples must be 

taken for each LOT as reported to FSA. The hemp plants selected for sampling shall be 

determined by the Department and not the Bona Fide Hemp Grower/Processor. The Bona Fide 

Hemp Grower/Processor shall be afforded one testing sample per LOT as reported to FSA. All 

additional samples that are taken due to the certified cultivator having multiple fields, 

greenhouses, buildings, sites, or additional varieties grown on the growing location shall be 

subject to the fees to be determined by the Department. If there are any variations with the 

above procedures, please provide DOAG with FSA Form 578.

• For growing locations/lots that are larger than five acres, the Department is utilizing USDA’s 

formula to calculate the initial number of primary plants to be sampled, with a Failure Rate of 

25% with a confidence level of 95%, as noted in the table below. The Department believes that 

this is consistent with the sampling guidelines released by USDA available below:

https://www.ams.usda.gov/sites/default/files/media/SamplingGuidelinesforHemp.pdf
Page 19

Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

c. Procedures for Plants that Do Not Meet Sampling Requirements:

i. The Grower may opt for a second round of sampling at his/her own cost. If the second 

round of sampling of the Crop does not show Acceptable Hemp THC Level, then the 

Grower may opt for a third round of sampling of the Crop (including Crop still in the 

ground or harvested Crop) at his/her own cost. Compliance samples must be taken within 

30 days of harvest.

ii. If after obtaining final sampling results, the Crop still does not meet the Acceptable Hemp 

THC Level the Grower may destroy the Crop OR The Grower and Department will enter 

into a written agreement setting forth the terms of such resolution for REMEDIATION* 

and the Department or its designee will be present for the harvest and disposal of any 

Crop that does not comply with this Plan.

1. https://www.ams.usda.gov/sites/default/files/media/HempRemediationandDisposalGu

idelines.pdf

a) If the above procedures are not followed and the Department finds samples that do not 

meet the Acceptable Hemp THC Level, the Department may summarily suspend the 

Growers Certification until the Crop is brought into compliance with this Plan.

b) Sample test results from Registered Grow Sites or Areas that do not meet the 

Acceptable Hemp THC Level may be provided to the appropriate law enforcement 

agencies.

iii. Plant material which exceeds the Acceptable Hemp THC level shall be destroyed on-farm

in compliance with the disposal options outlined in USDA’s Remediation and Disposal 

Guidelines.

All certified cultivators must submit a destruction report in order to destroy Crop, and 

reports on the destruction of Crop are required to be submitted by the Department to USDA 

on the 1st day of each month (if no Crop is destroyed this must also be reported by the 

Department to USDA monthly). To comply with USDA reporting, no destruction of Crop 

may occur unless Department personnel or designees are present and a report is provided 

by the Grower with the information required by USDA Hemp Disposal Report available 

below:

• All forms and reports are submitted through USDA’s HeMP System.

d. Procedures to Ensure the Method Used for Sampling Represents a Homogeneous Composition 

of the Lot:

Procedures to require testing for total delta-9 THC concentration with detection. The procedures 

must require accurate identification of the Acceptable Hemp THC level. Testing methods must 

include but are not limited to:
Page 20

Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

• Post decarboxylation or other similarly reliable method if “similarly reliable,” verify with 

the Agricultural Marketing Service of the United States Department of Agriculture 

(“AMS”) Science and Technology Program (S&T)

• Consideration of potential conversion of delta-9 THCA into THC and test result measure 

total available THC (THC + THCA)

• Gas or liquid chromatography with detection procedures to determine total THC 

concentration on a dry weight basis.

• Measurement of Uncertainty (MU.)

i. Grower Laboratory Testing Requirements:

c. Standard testing procedures are specified for samples taken to measure the delta-9 

tetrahydrocannabinol (THC) concentration level of those samples on a dry weight basis, and is 

subject to USDA guidelines, available below:

• https://www.ams.usda.gov/sites/default/files/media/TestingGuidelinesforHemp.pdf

b. Analytical testing for purposes of detecting the concentration level of delta-9 

tetrahydrocannabinol (THC) must be conducted by a laboratory and Hemp laboratory test data 

shall be reported to the USDA by the lab in accordance with 7 CFR Part 990, available report 

below:

c. Analytical testing for purposes of detecting the concentration level of delta-9 

tetrahydrocannabinol (THC) must be conducted under the USDA’s most current Testing 

Guidelines for Identifying Delta-9 Tetrahydrocannabinol (THC) Concentration in Hemp, 

which will be made available on the Department’s website. Such testing must meet the 

following standards:

• Laboratory quality assurance must ensure the validity and reliability of test results;

• Analytical method selection, validation, and verification must ensure that the testing 

method used is appropriate (fit for purpose) and that the laboratory can successfully 

perform the testing;

• The demonstration of testing validity must ensure consistent, accurate analytical 

performance;

• Method performance specifications must ensure analytical tests are sufficiently sensitive 

for the detectability requirements of this Plan.

• The Laboratory must report compliance test results directly to the USDA through 

the HeMP information sharing system.

d. At a minimum, analytical testing of samples for delta-9 tetrahydrocannabinol 

concentration level must use post-decarboxylation. Compliance tests must show total THC 

using post-decarboxylation or the appropriate conversion mathematical equation. 

1. Labs must report THC compliance test results by lot (as reported to FSA) to 

USDA directly through USDA’s Informational Sharing System, HeMP. e. The 

total delta-9 tetrahydrocannabinol concentration level must be determined and 

reported on a dry weight basis.

f. Measurement of uncertainty (MU) must be estimated and reported with test results. 

Laboratories must use appropriate, validated methods and procedures for all testing activities 

and evaluate the measurement of uncertainty.

g. Any sample test result exceeding the Acceptable Hemp THC Level will be conclusive evidence 

that the lot represented by the sample is not in compliance with these Rules.
Page 21

Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

h. Each Bona Fide Hemp Grower/Processor must ensure that the laboratory conducting the 

analytical testing of the sample(s) from the Bona Fide Hemp Grower/Processor’s lots submits 

results for all tested samples to the Department and USDA via email and the HeMP Information 

Sharing System. The test results must be reported using the Department’s “Grower Laboratory 

Test Results Report'' form and must contain at least the following information for each sample 

tested:

• Producer’s certification or authorization identifier;

• Name of producer;

• Business address of producer;

• Lot identification number for the sample;

• Name and DEA registration number of the laboratory after Dec 31, 2023;

• Date of test and report;

• Identification of a retest;

• Measurement of uncertainty (MU); and

• Test result.

i. The Bona Fide Hemp Grower/Processor will be responsible for paying all testing fees owed by 

the Department to the Bona Fide Hemp Grower/Processor for any such testing. No compensation 

will be owed by the Department to the Bona Fide Hemp Grower/Processor for any such testing.

j. A Bona Fide Hemp Grower/Processor must not transfer, transport, or otherwise distribute any 

lot or Crop of cannabis before receiving analytical testing results verifying that the lot or Crop meets 

the Acceptable Hemp THC Level.

ii.Grower Responsibilities and Restrictions:

a. The Bona Fide Hemp Grower/Processor must harvest the crop not more than thirty (30) days 

following the date of sample collection.

b. If the Bona Fide Hemp Grower/Processor fails to complete harvest within thirty (30) days of 

sample collection, a secondary pre-harvest sample of the lot will be required to be submitted 

for testing.

c. Harvested lots of hemp plants must not be commingled with other harvested lots. until a 

compliant test result is received.

d. Only lots that meet the Acceptable Hemp THC level may enter the stream of commerce.

e. Any lot with an official sample test result exceeding the Acceptable Hemp THC Level must 

not be entered into the stream of commerce, and the Bona Fide Hemp Grower/Processor must 

ensure the lot is disposed of in accordance with this Plan.

f. Any Bona Fide Hemp Grower/Processor may request additional testing if it is believed that the 

original total delta-9 tetrahydrocannabinol concentration level test results were in error.

g. A Bona Fide Hemp Grower/Processor:

• Must not cultivate hemp on any Grow Site or Area not listed on the Hemp Grower’s 

Certification and must take immediate steps to prevent the inadvertent growth of Hemp 

outside of the authorized Grow Site(s) or Areas;
Page 22

Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

• Must keep Hemp physically separated from other crops.

• Must not Cultivate Hemp on land or property that not registered or owned by or leased 

from persons who are not certified; and

• The Bona Fide Hemp Grower/Processor must comply with all applicable local, state, and 

federal laws, rules, regulations, and ordinances at all times.

3. Disposal

a. If final sample results do not meet the Acceptable Hemp THC Level then the Crop is no longer 

considered Hemp and must be disposed of in accordance with this Plan, and the following is 

required:

i. The Bona Fide Hemp Grower/Processor must immediately notify the Department any time 

analytical testing determines that a lot, or Crop has exceeded the Acceptable Hemp THC 

Level.

ii. Upon final notice and confirmation that a lot, or Crop has exceeded the Acceptable Hemp 

THC Level, the Department will issue an Order of Disposal, no lot or Crop should be 

destroyed without the issuance of this Order of Disposal, and disposal shall be set to occur 

within a reasonable time to be determined by the Department.

iii. The Bona Fide Hemp Grower/Processor will be responsible for all costs and fees associated 

with the disposal of cannabis exceeding the Acceptable Hemp THC Level. No 

compensation will be owed by the Department to the Bona Fide Hemp Grower/Processor 

for any such disposal.

iv. If the Department does not witness the disposal, the Bona Fide Hemp Grower/Processor 

will provide evidence of the disposal to the Department.

b. Procedures to Notify USDA of Non-Compliant Plants and Disposal of Those Plants from the 

Lot Where Representative Samples Were Taken. Test Results Must Be Included:

i. In compliance with 7 CFR 990.70, by the first of each month a report notifying USDA of 

any occurrence of non-conforming plants or plant material and providing a disposal record 

of those plants and materials shall be generated.

ii. The Department will utilize USDA’s informational sharing system, HeMP. The Department 

shall provide the following information:

1. Name and address of the cultivator.

2. Cultivator certificate or authorization identifier.

3. Location information, such as lot number, location type, and geospatial location, or 

another location descriptor for the production area subject to disposal.

4. Information on the agent handling the disposal.

5. Disposal completion date.

6. Total acreage

7. Other reporting information as required by the Final Rule.

4. Fees

a. Registrants and Crops subject to inspection, sampling, testing, and disposal shall reimburse the 

Department for all inspection and laboratory costs incurred by the Department within 30 days 

of receipt of an invoice issued to the Grower by the Department.

i. Inspection, sampling, testing, and disposal fees shall be charged per hour and set by the 

Department.

ii. Failure to pay fees may result in suspension or revocation of the Registrants certification.
Page 23

Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

b. Notwithstanding, the fact that a sample of a Commercial Registrant’s Industrial Hemp tests 

higher than the acceptable hemp THC level but less than 1.0% total delta-9 THC concentration, 

the Registrant shall not be subject to a negligent violation, revocation or suspension of their 

Registration if the crop is destroyed.

i. Registrants shall have 10 days from the date of notification of test results higher than 0.3% 

acceptable hemp THC level to request a waiver.

5. Pesticide Use

In the event a Grower uses a pesticide in violation of local or federal regulations, they may be 

subject to enforcement action by the Department or Guam EPA (https://www.epa.gov/minimumrisk-pesticides.)

a. Any Bona Fide Hemp Grower/Processor who uses a pesticide on Hemp or Crop must comply 

with all Guam laws and regulations on the application of pesticides including, but not limited 

to, licensing requirements.

b. Bona Fide Hemp Grower/Processor must not apply pesticides to Hemp or Crop in violation of 

the product label.

c. A Bona Fide Hemp Grower/Processor who uses a pesticide on a site where Hemp or Crop will 

be planted must comply with the longest of any planting restriction interval on the product label 

before planting the Hemp.

d. The Department may perform random pesticide testing or may perform for-cause testing if the 

Department has reason to believe that a pesticide may have been applied to Hemp or Crop in 

violation of the product label.

e. Hemp seeds, plants, crops and materials bearing pesticide residue in violation of the pesticide 

label may be subject to forfeiture or destruction without compensation.

6. Environmental Standards

Until such time that the Department issues its own policy on energy efficiency and environmental 

standards, any indoor facility used for Hemp cultivation, including greenhouses, must comply with 

guidelines issued by the Cannabis Control Board, in consultation with the Department. If the Board 

has not adopted guidelines by the time a Grower certification is approved by the Department, the 

Grower is responsible for reviewing and understanding any guidelines that are adopted after that time. 

The Grower must ensure compliance with such guidelines, or other Department policies, issued by 

the time of the Grower’s application for certification renewal.

D. Post-Harvest Activities

1. Transport of Crop

Only a Grower or Processor with the proper Certification or Permit by the Department may 

transport Hemp and no Crop, or any portion thereof, may be transported outside a Registered 

Grow Site or Area without a copy of a Certificate issued by the Department. The Registrant must 

ensure that this Certificate stays with the Hemp and Crop at all times and accompanies all 

shipments of the Hemp or Crop, including any portion thereof, so that anyone coming into contact 
Page 24

Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

with the Hemp or Crop has access to written documentation demonstrating that the Hemp or Crop 

complies with this Plan and not subject to confiscation. These sections do not apply to law 

enforcement agencies or the Department or its designees handling or transporting Hemp or Crop.

i. All Hemp being shipped, transported, or otherwise delivered into, within, or through Guam 

must be accompanied by documentation sufficient to prove:

a. The Hemp being shipped, transported, or delivered was lawfully produced under a State 

or Tribal Hemp Plan approved by the USDA, under a Hemp License issued by USDA, 

or under 7 U.S.C. 5940 through the State or territory of the Indian Tribe, as applicable; 

and

b. The Hemp being shipped, transported, or delivered does not exceed the Acceptable 

Hemp THC Level.

ii. Any person shipping, transporting, or delivering Hemp must also carry a bill of lading that 

includes the following information:

a. Name and Permit number of the persons authorized to transport or deliver Hemp;

b. Name and address of the owner of the hemp;

c. Point of origin;

d. Point of delivery, including name and address;

e. Kind and quantity of packages or, if in bulk, the total quantity of Hemp in the 

shipment; and

f. Date of shipment.

iii. The person shipping, transporting, or delivering hemp must act in compliance with this 

Plan.

2. Storage of Hemp

i. A Bona Fide Hemp Grower/Processor may store Hemp cultivated by said Bona Fide Hemp 

Grower/Processor provided:

a. The Bona Fide Hemp Grower/Processor identifies each storage facility on the Bona 

Fide Hemp Grower Certification Application;

b. The Bona Fide Hemp Grower/Processor maintains complete and accurate records 

detailing the harvest lot(s), including amount being stored at each storage facility. 

Harvest lots in storage must be separated in such a manner that maintains the unique 

identity of each harvest lot stored at the storage facility;

c. The storage facility is secured with physical containment and reasonable security 

measures, and information about the security of the storage area is provided to GPD to 

aid in enforcement in case of theft.

ii. All storage area(s) will be subject to inspection by the Department and its designees upon 

notice.

3. End of the year reporting and Required FSA or USDA Reporting

The Grower shall submit an end-of-year report, on a form prescribed by the Department by 

December 1, with their renewal application, and at a minimum indicate to the Department the 

following information:

i. Variety Grown

ii. Purpose of Crop Harvested amount
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Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

iii. End destination or use of Crop

4. Procedure for submitting information to the USDA

The Department shall supply all required monthly and annual reports to the USDA with 

information provided on the 1st of each month to the Department by Bona Fide Hemp 

Grower/Processor.

i. Cultivators are required to submit planting reports and annual production reports to the 

Department. Additionally, Certified Growers are required to report the following to the 

Farm Service Agency (“FSA”):

a. Hemp crop acreage;

b. Total acreage of Hemp planted, harvested, and disposed;

c. Guam Hemp Grower Certification Number;

d. Street address;

e. Geospatial location of each lot, greenhouse, building, or site where hemp will be 

produced. All locations where Hemp is produced must be reported to FSA; and

f. Acreage of greenhouse or indoor square footage dedicated to the production of Hemp.
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Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

III. PROCESSOR INFORMATION – Extractors and 

Manufacturers Requirements and Responsibilities, Labeling, and 

Certified Seeds

Processors are divided into two different categories based upon their activities:

• Extractor: Processor that removes Hemp from the plant. The Extractor will produce items such 

as fiber, seed, and oil from the plant.

• Manufacturer: Processor that creates an end product that is packaged, labeled and ready for sale 

from Hemp (e.g. such as but not limited to cloth, infused products, building products, and 

edibles; see chart on pg. 2 for more examples).

There are different duties and responsibilities as described below depending on the type of Processor 

activity. A Processor can be both an Extractor and a Manufacturer. A Processor may only take Hemp 

from a Bona Fide Grower, unless otherwise authorized by federal law. The Department will require 

documentation demonstrating that such federal authorization is permitted.

1. Duties and Responsibilities of the Extractor:

a. An Extractor may only receive Hemp from a Bona Fide Grower.

b. The Crop must have the Department issued Certificate accompanying the Hemp, which 

certifies that the Crop meets the Acceptable Hemp THC Level.

c. At the time of the receipt, the Extractor must assign the Hemp a lot number that 

corresponds with Grower’s information such as name, address, contact information, and 

maintain records relative to the receipt of the Hemp. The records shall include, but not 

be limited to:

i. Date of receipt

ii. quantity received

iii. Grower information, including name, address of fields that were grown on, 

certification information, and contact information.

iv. Copy of the Certificate

v. Lot number assigned by Extractor

d. An Extractor shall keep records for each batch processed. The records shall be kept for a 

minimum of three (3) years and shall include, but not be limited to:

i. Date of extraction

ii. Batch number, including the lot number

iii. Type of extraction method

iv. Amount extracted

v. What was extracted (grain, seed, fiber, oil, CBD)

vi. Copy of the Certificate

2. Testing Requirements for the Extractor

a. If the Crop will be used for human consumption or absorption (including but not limited 

to, inhaling, eating, drinking, swallowing or topical application), the finished extraction 
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Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

must be tested for safety purposes in accordance with Department testing protocol, and 

at minimum tested for the following:

i. Cannabinoid profile

ii. Solvents

iii. Pesticides

iv. Metals

b. All testing is the responsibility of the Extractor and must be done at a lab that has been 

registered by the Department to perform such testing.

c. All lab results must be sent to the Manufacturer with the finished extracted product.

d. The Extractor shall send all lab reports to the Department within ten (10) business days 

of receipt of the results.

e. If the test results for the finished extraction exceed the limits outlined in the Protocol, 

then the finished extraction shall not be used in any product for human consumption or 

absorption. The Extractor therefore shall not sell the finished extraction to any 

Manufacturer or any other entity, or otherwise sell or use the extraction for human 

consumption or absorption. Instead, the Extractor may either destroy the product or work 

with the Department to find an alternate use for the finished extraction. Should an 

alternate use be found, the Extractor will enter into a written agreement with the 

Department setting forth the terms of any such resolution.

3. Duties and Responsibilities of the Manufacturer

a. The Manufacturer shall only receive the extracted products (such as oil, seed, and fiber) 

from a Bona Fide Extractor.

b. At the time of the receipt, the Manufacturer shall assign the extracted product a lot 

number and maintain records relative to the receipt of the extracted product. The 

records shall be kept for a minimum of three (3) years and include, but not be limited 

to:

i. Date of receipt

ii. Amount received

iii. Extractor or Grower information including name, certification number, and contact 

information.

iv. Lab results indicating cannabinoid profile, solvents, pesticides and metals

v. Extractor assigned batch and lot number

vi. Copy of the Certificate

c. When the Manufacturer produces an end product, records shall be kept for a minimum 

of three (3) years for each batch of the end product. The records shall include, but not be 

limited to:

i. Date of production

ii. Batch number (must include lot number)

iii. Amount produced

iv. Name of product

4. Labeling Requirements for the Manufacturer
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Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

a. Manufacturers shall ensure that any products that will be used for human consumption 

and absorption (including but not limited to inhaling, eating, drinking, swallowing or 

topical application), are labeled in clear, legible wording no less than 1/16 inch in size on 

each container and affixed with language indicating manufactured in Guam.

b. Labels shall be firmly affixed and shall include the following:

i. Manufacturer name, certification number and address

ii. Cannabinoid profile (Must include THC and CBD concentrations, if any)

iii. Batch number

iv. Statement “This product is derived from Hemp and meets the Acceptable Hemp 

THC Level (or has a THC content concentration level of 0.3% or below).”

v. Statement “This product has or has not been analyzed or approved by the FDA.”

vi. Statement “This product is derived from Hemp from an authorized and approved 

Bona Fide Hemp Grower/Processor in Guam under an approved USDA Plan”

5. Guam Department of Agriculture Approved Certified Seed

a. A variety of Hemp may be approved by the Department as Guam Department of 

Agriculture Approved Certified Seed if it is tested by the Department and confirmed to 

produce mature plants with a delta-9 THC concentration of no more than 0.3% on a dry 

weight basis in approved multiple geographic trials in Guam.

b. The Department will contract for Guam Department of Agriculture Approved Certified 

Seed providers at the discretion of the Commissioner. Each Guam Department of 

Agriculture Approved Certified Seed provider must have its seeds grown in test trials for 

delta-9 THC concentration testing on mature plants.

c. Guam Department of Agriculture Approved Certified Seed will be made available for 

sale to Registrants.
Page 29

Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

IV. University Special Permit and Performance Based Sampling –

University Production, Research, and Testing of Hemp and Hemp 

Products

i. A University may establish a Hemp Research and Development Program in Guam.

ii. Requirements:

A. No University in Guam shall cultivate Hemp except under a Hemp Special Research Permit

issued by the Department.

i. If the University seeks to obtain a Hemp Planting Permit, it shall submit a Hemp 

Proposal that consists of the following information:

1. A description of the scope, design, and objectives of the proposed hemp research.

2. A description of the varieties of Hemp that will be used in the project and a plan 

that shall ensure that all seed for cultivation of Hemp shall be:

a. Accompanied by documentation that the crop from which the seed was 

harvested meets the Acceptable Hemp THC Level.

b. Tagged with a certification statement providing the variety, origin, and 

quantity on each separate container of seed.

3. A list of Qualified Program Personnel and university staff involved in the proposed 

Project, including the university employee that will be designated as the lead 

oversight manager. The University shall provide the work address, phone numbers, 

and email for the manager. This manager must submit a Criminal History Report 

to the Department. The university shall also describe how it intends to meet the 

sampling and testing requirements for the Department’s review and approval.

4. A description of the proposed facility location(s) by address and GPS coordinates 

and security measures. The University shall provide a detailed aerial map of the 

research, cultivation, processing, and testing facility location(s), identifying 

research plots, limited and general access areas, buildings (with a description of 

the activities conducted within each), boundaries, and security measures to prevent 

access by unauthorized parties.

5. An Environmental Containment Plan for each proposed facility location, which 

must include the following:

a. A containment system of traps, filters, silt fences or berms, or a fallow area 

consisting of bare earth or ground cover to prevent the Hemp from 

spreading through ditches, natural waterways, or other drainage.

b. The use of dedicated equipment for the facility or a plan to clean any 

equipment used on the site of all debris before it is moved from the 

property.

c. A transportation and movement plan that ensures that the Hemp (at all 

growth stages) is covered and moved in full containment during transport 

from noncontiguous locations.

d. A detailed statement of the estimated costs of removing and destroying the 

plants before vacating the property or ending production.
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Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

e. A plan to maintain the chain of control of Hemp Material for the proposed 

Pilot Project, to provide a testing schedule to ensure Hemp Material does 

not exceed 0.3% concentration of THC at harvest, and to provide a 

destruction process for any Hemp.

6. A plan to perform an economic impact analysis of the proposed hemp research on 

the Territory’s agricultural sector, including a measure of the direct, indirect, and 

induced fiscal impact of the proposed Pilot Program.

7. A genetic research plan to ensure that any psychotropic compounds will not be 

synthesized.

8. A description of how the proposed hemp research will maintain compliance with 

other applicable state and federal laws. The University shall identify the applicable 

laws based on the design of their projects.

9. Written authorization from the University’s board of trustees authorizing the 

proposed hemp research.

10.

11. The proposal will contain a statement that research hemp will be disposed of or 

will not enter into commerce at the end of the research period. Any hemp that will 

be sold or enter into commerce does not qualify for a research permit. 

12. If the proposed hemp research is to be conducted on non-government owned lands, 

proof that the University has written permission from the landowner to utilize the 

land for Industrial Hemp plantings for the duration of the life of the proposed hemp 

research.

13. A list of entities that the university plans to collaborate with as Qualified Project 

Partners and a detailed description of how the entities meet Plan requirements, 

which must include the following:

a. Proof that the entity has a principal place of business in Guam.

b. Proof that the entity has access to a Registered Grow site in Guam, which 

may be the same Registered Grow site that the partnering University plans 

to use for the Pilot Program, and a detailed description of how the 

Registered Grow site is acceptable for the cultivation, processing, and 

manufacturing of industrial hemp and hemp products.

c. Proof that the entity has access to a research facility in Guam, which may 

be the same research facility the partnering University plans to use for the 

Pilot Program, and a detailed description of how the research facility is 

acceptable for the cultivation, processing, and manufacturing of industrial 

hemp and hemp products.

d. A copy of the comprehensive business or research plan that was submitted 

to the partnering University.

e. A detailed description of the entities’ prior experience in or knowledge of, 

or demonstrated interest in and commitment to, the cultivation, processing, 

manufacturing, or research of industrial hemp.

i. A separate Pilot Program Proposal shall be required for each 

noncontiguous growing location.
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Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

ii. A new hemp research Program Proposal will be required if a new or 

additional planting (contiguous or noncontiguous) exceeds ten 

percent (10%) of the existing permitted acreage or if any additional 

varieties will be added to the hemp research Project.

iii. Department Review

A. As part of the Department’s review of the hemp research Proposal, the Department will visit 

the proposed Pilot Program location(s), at a time agreed upon with the university, to perform 

an onsite evaluation of the Environmental Containment Plan. If additional environmental 

containment measures are identified by the Department, the university shall complete an 

Industrial Hemp Special Planting Permit Addendum that shall describe the additional measures 

to be implemented by the university to ensure environmental containment of the proposed Pilot 

Program.

iv. Permit Approval

A. If a hemp research Proposal meets the requirements of this Policy, the Department will issue a 

Hemp Research Permit to the the lead researcher or hemp research project manager.

i. Any Hemp Research Permit issued must meet the following requirements:

1. Permit may not allow University to grow Hemp over the Acceptable Hemp THC Level 

(over 0.3% THC) and outside of accordance with this Plan.

2. The Lead Researcher or hemp research project manager certified under the Permit 

must comply with the USDA guidance and Felon Ban and is responsible for the 

disposal of hemp grown under the research project.

B. The the lead researcher or hemp research project manager shall notify the Department of its 

intent to move Hemp to request an inspection of the transport containment apparatus. The 

Department shall inspect the apparatus to ensure Hemp is contained for transport to its 

destination to prevent inadvertent spread during the transit.

C. The University oversight manager shall immediately notify the Department in writing if the 

university or its Qualified Project Partner fails to meet or comply with any portion of this Plan.

i. It is the responsibility of the property owner or permit holder to destroy the Crop before 

vacating the property or stopping production.

ii. Upon findings of noncompliance with the Plan, the Department retains the right to issue an 

immediate final order requiring the immediate removal and destruction of the research 

hemp. Pilot Program.

1. Failure of the permit holder to remove and destroy Crop within 60 days of the order 

will result in action by the Department against the permit holder.
Page 32

Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

V. Enforcement

Hemp Enforcement Procedures:

Hemp Grower Compliance Inspections

1. Bona Fide Hemp Grower/Processors may be subject to annual compliance inspections.

2. The Bona Fide Hemp Grower/Processor’s operational procedures, documentation, 

recordkeeping, and other practices may be verified during the compliance inspection.

3. The Department may assess whether the required reports, records, and documentation are being 

properly maintained and may assess accuracy and completeness.

4. If during a compliance inspection the Department determines that the Bona Fide Hemp 

Grower/Processor is not in compliance with the Guam Hemp Plan the Department will require 

a Corrective Action Plan. The Bona Fide Hemp Grower/Processor’s implementation of a 

Corrective Action Plan will be reviewed by the Department during future compliance 

inspections and renewals.

5. Compliance inspections may be unannounced and conducted at any time during regular 

business hours. Bona Fide Hemp Grower/Processors by participating in the Hemp Program 

authorize the Department to have access to all Hemp plants, material, and seeds, whether 

growing or harvested, as well as to all Registered land, buildings, and other structures used for 

the cultivation, handling, or storage of Hemp to inspect, sampling, and enforce the Guam Hemp 

Plan policies. Bona Fide Hemp Grower/Processors by participating in this Hemp Program also 

authorize the Department to have access to any records, documents, and information required 

to be kept and maintained in accordance with this Plan.

Violations and Enforcement

Three types of violations are possible under the Hemp Plan. Common violations, Negligent 

violations, and Culpable violations. Common violations may be issued by the Department and 

corrected without penalty. Negligent violations are subject to to review by the3 Manager for 

remediation or may require a Corrective Action Plan. Culpable Violations must be reported to 

law enforcement.

1.) Common Violations include, but are not limited to, the following:

a. Cultivating, Processing, or Handling Hemp in violation of any of the policies under 

this Plan;

d. Denying any Department its designee, or law enforcement official access for compliance, 

sampling, or inspection purposes;

e. Failure to keep and maintain any records, documents, or information required by this Plan;

f. Failure to make any timely report required by this Plan;

g. Failure to comply with any transportation requirement established by this Plan;
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Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

h. Failure to comply with any of the Grower Responsibilities and Restrictions;

i. Failure to comply with any of the Grower Certification Terms and Conditions; and

1. Negligent Violations include, but are not limited to, the following:

• Negligent violations. 

(1) Failing to provide an accurate legal description of land where hemp is produced; 

(2) Producing hemp without a license; and 

(3) Producing cannabis exceeding the acceptable hemp THC level. Hemp producers do not 

commit a negligent violation under this paragraph

(a) if they make reasonable efforts to grow hemp and the cannabis does not have a 

total THC concentration of more than 0.3%.

• Cultivating, Processing, or Handling Hemp in violation of any of the policies under this Plan;

• Cultivating, Processing, or Handling Hemp without a Hemp Grower or Processor Certification 

or Permit from the Department;

• Cultivating, Processing, or Handling Hemp on a Grow Site or Area not approved by the 

Department as part of the Hemp Grower Certification;

The Department will make every effort to work with Growers and Processors to provide 

compliance assistance. However, it is the responsibility of the Grower or Processor to review and 

understand 7 USC §§1639o – 1639s, the Final Rules (7 CFR Part 990), USDA guidelines, and this 

Plan. Failure to comply with the Department’s requirements may result in revocation or denial of 

a certification. Additionally, failure to comply with the requirements may result in the issuance of 

fines. An entity has the right to appeal any enforcement action under this Plan.

2. The Department shall issue a corrective action plan to any person that it determines has 

negligently violated this Plan. The following are negligent violations that require a corrective 

action plan*:

a. Failure to provide a legal description of the land;

b. Failure to obtain a certification; and

c. Producing cannabis exceeding 1.0%.

* Hemp between 0.3 -1.0% does not need a corrective action plan or a violation issued. Hemp 

above 0.3 must be destroyed (or remediated).

 3. Procedures to provide for the correction of negligent violations:

a. The Department shall include in the corrective action plan both of the following:

i. A reasonable date by which the person shall correct the violation;
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Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

ii. A requirement that the person periodically report to the Department, as applicable, on 

its compliance and corrective action plan for a period of not less than the next 2 years 

from the date of the negligent violation;

iii. A person that negligently violates a plan approved under this part shall not as a result 

of that violation be subject to any criminal enforcement action by the Federal or local 

government;

iv. A person that negligently violates this plan three times during a 5-year period shall be

ineligible to produce hemp for a period of 5 years beginning on the date of the third 

violation; and

v. The Department shall conduct an inspection to determine if the corrective action plan 

has been implemented as submitted.

b. If the Department determines that a person negligently violated provisions of this Plan three 

or more times in a two-year period, the Department shall revoke the person’s Hemp 

Grower/Processor Certification or Permit and can limit the person’s ability to receive a 

Hemp Certification or Permit in Guam for a period of time after the person committed the 

most recent violation.

4. Culpable Violations. Culpable mental state greater than negligence. To act intentionally,

knowingly, willfully, or recklessly. Culpable mental state greater than negligence. If the

Department determines that a person has violated the terms and conditions of the bone 

fide hemp certificate or this Hemp Plan with a culpable mental state greater than 

negligence. For more information (Please see § 990.6 Violations of State and Tribal 

plans.)

The Department shall immediately report the person to:

(i) The U.S. Attorney General,

(ii) The chief law enforcement officer

of Guam, and

(iii.) Assesses any fines or penalties that the Department determines.

Grower Certification Terms and Conditions

Each Bona Fide Hemp Grower/Processor must acknowledge and agree to the terms and conditions 

governing the Hemp Grower Certification which include, but are not limited to, the following:

1. Except for primary contact information or corrections of typographical errors approved by the 

Department, no alterations will be allowed to any Hemp Grower Certification Application once 

approved, this includes the expansion of any Grow Site. Any changes to primary contact 

information must be submitted to the Department via e-mail within ten (10) calendar days of 

any such change.

2. The Bona Fide Hemp Grower/Processor must notify the Department, via e-mail, of any theft or 

loss of Hemp or Hemp materials, whether growing or not, within forty-eight (48) hours of the 

discovery of such theft or loss.

3. The Bona Fide Hemp Grower/Processor must report any felony convictions or misdemeanor 

convictions relating to controlled substances under Guam law or under Federal law to the 

Department, via e-mail, within five (5) calendar days of receiving notice of such conviction.
Page 35

Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

4. The Bona Fide Hemp Grower/Processor must notify the Department, within ten (10) calendar 

days of the following:

a. A disciplinary proceeding or enforcement action by another government entity 

that may affect the Bona Fide Hemp Grower/Processor’s business; and

b. Temporary closures of more than thirty (30) calendar days or permanent 

closure of any Grow Site or storage facility.

5. Any information provided to the Department may be publicly disclosed in accordance with 

Guam’s Open Records Law and may be provided to law enforcement agencies without further 

notice to the applicant.

6. A person with a state or federal felony conviction related to a controlled substance is subject to 

a 10-year ineligibility restriction on participating in Guam’s Hemp Program from the date of 

the conviction. An exception applies to a person who was lawfully growing Hemp under the 

2014 Farm Bill before December 20, 2018, and whose conviction also occurred before that 

date. Each owner, key participant, and person holding a beneficial interest of the Bona Fide 

Hemp Grower/Processor will be subject to the felony conviction restriction for purposes herein.

7. Hemp Grower Certifications cannot be sold, assigned, transferred, pledged, or otherwise 

disposed of, alienated, or encumbered to or by another person, business, individual, or entity 

without application or permission from the Department.

8. The Bona Fide Hemp Grower/Processor must have the legal right to cultivate hemp on the 

Grow Site(s) or Areas listed on the Hemp Grower Certification Application and must have the 

legal authority to grant the Department physical access to all land and buildings for inspection 

and sampling purposes. Legal authority includes, but is not limited to, clear title, necessary 

easements, necessary licenses, and/or current leases.

9. The Bona Fide Hemp Grower/Processor must allow and fully cooperate with all required 

sampling, testing, audits, and inspections.

10. The Bona Fide Hemp Grower/Processor must provide for a right of way or another access point 

allowing the Department and law enforcement agencies to access the certified Grow Site(s) or 

Areas.

11. The Bona Fide Hemp Grower/Processor must maintain all records, documents, or information 

and make all reports within the applicable time frames as required in this Plan.

12. If Hemp is to be cultivated, handled, harvested, or stored in any location it must be listed in the 

Hemp Grower Certification Application so it can be considered a part of the Registered 

Growing Site or Area.

13. The Bona Fide Hemp Grower/Processor must scout and monitor uncertified fields for volunteer 

cannabis plants and destroy those volunteer cannabis plants for three (3) years past the last date 

of planting reported to the Department.

14. The Department will require forfeiture and destruction, without compensation, of plants located 

in an area that is not certified by the Department as well as plants not accounted for in records 

required to be maintained by the Bona Fide Hemp Grower/Processor.
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Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

15. If a tested official’s final sample exceeds the Acceptable Hemp THC Level, the Bona Fide 

Hemp Grower/Processor’s Crop matching the same GPS coordinates as the sample tested may 

be destroyed in accordance with this Plan.

16. The Bona Fide Hemp Grower/Processor must ensure that Crop exceeding the Acceptable Hemp 

THC Level does not enter the stream of commerce.

17. The Bona Fide Hemp Grower/Processor must ensure that Hemp is not commingled with Hemp 

from other lots.

Processor Certification/Permit Terms and Conditions

Each Permittee must acknowledge and agree to the terms and conditions governing the Hemp Processor 

Certification or Permit which include, but are not limited to, the following:

1. Except for primary contact information or corrections of typographical errors approved by the 

Department, no alterations will be allowed to any Hemp Processor Certification or Permit 

Application once approved. Any changes to primary contact information must be reported to 

the Department within ten (10) calendar days of the change.

2. The Permittee must notify the Department of any theft or loss of Hemp or Hemp products within 

forty- eight (48) hours of the discovery of such theft or loss.

3. The applicant, Bona Fide Hemp Grower/Processor, and/or Permittee must report to the 

Department any felony convictions or misdemeanor convictions relating to controlled 

substances under Guam law or Federal law, within five (5) calendar days of receiving notice of 

such conviction.

4. The applicant, Bona Fide Hemp Grower/Processor, or Permittee must notify the Department in 

writing within ten (10) calendar days of the following:

a) A disciplinary proceeding or enforcement action by another government entity that may 

affect the Permittee’s business; and

b) Temporary closures of more than thirty (30) days or permanent closure of any processing 

or storage facility.

5. Any information provided to the Department may be publicly disclosed under the Guam Open 

Records Law and may be provided to law enforcement agencies without further notice to the 

applicant.

6. A person with a state or federal felony conviction related to a controlled substance is subject to 

a 10- year ineligibility restriction on participating in the Guam Hemp Cultivation Program from 

the date of the conviction. An exception applies to a person who was lawfully growing Hemp 

under the 2014 Farm Bill before December 20, 2018, and whose conviction also occurred 

before that date. Each owner, key participant, and the person holding a beneficial interest of the 

Bona Fide Hemp Grower/Processor or Permittee will be subject to the felony conviction 

restriction for purposes herein.

7. Issuance of a Hemp Processor Certification or Permit will be conditioned upon the applicant’s 

compliance with this Plan before initiating hemp processing activities.
Page 37

Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

8. Persons holding both a Hemp Processor and a Hemp Grower Certification or Permit must 

comply with this Plan and the Rules governing or dual Certifications or Permits.

The Department may establish civil administrative fines for violations this Plan. A person aggrieved by 

the assessment of a fine under this section or a licensure action under the Plan may appeal by filing a 

notice of appeal with the department not later than 21 days after the receipt of the notice of the fine or 

licensure action.

The Department will determine the amount of any fines imposed based on the nature of the violations 

and consider all relevant factors including the ability for the violation to be corrected, the severity of 

the violation, willfulness, impact to public health and safety.

Additionally, the following acts and omissions by any applicant or Registrant or authorized 

representative, and key participant thereof shall constitute violations for which civil penalties and 

disciplinary sanctions, including denial of an application or summary suspension or revocation of a 

Registration may be imposed by the Department.

a. Refusal or failure by an applicant, Registrant or authorized representative, and key 

participant to fully cooperate and assist the Department will all aspects of the administration 

and enforcement of this Plan, including the application, registration, reporting, inspection 

and sampling, and waiver processes.

b. Failure to provide any information required or requested by the Department or law 

enforcement agency enforcing this Plan to comply with the policies in this Plan.

c. Providing false, misleading, or incorrect information about the Registrant’s cultivation or 

processing of Hemp to the Department its designees or any law enforcement agencies 

enforcing this Plan by any means, including but not limited to information provided in any 

application form, report, record or inspection required or maintained for purposes of 

compliance with this Plan.

d. Failure to submit any required report.

e. Failure to pay fees assessed by the Plan for inspection, sampling, or laboratory analysis 

costs.

Violations are not subject to federal, state, tribal, or local government criminal enforcement action and 

any final decision of the Department may be appealed to the Superior Court of Guam by Write of 

Review.
Page 38

Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

VI. Reporting and Recordkeeping Requirements for Growers and 

Processors - Collection of Hemp Producer Information and 

Mandatory Reporting Requirements

1. Record Retention Required

a. Growers/Processors/Manufacturers

i. Must retain all records and reports required by this Plan, and upon the creation of any 

record or report must submit notice of said record or report to the Department no later 

than 15 days after any such record or report is created.

2. Bona Fide Hemp Grower/Processor Recordkeeping and Reporting

a. Bona Fide Hemp Grower/Processor must maintain records of all Crops and Hemp plants 

acquired, produced, handled, or disposed of as will substantiate all reports required by the 

Department.

b. All records must be made available for inspection by the Department during reasonable 

business hours. Such records include, but are not limited to, the following:

i. Records regarding acquisition of Crop and Hemp;

ii. Records regarding all written agreements with Bona Fide Hemp Grower/Processors 

and Permittees governing their business relationship;

iii. Records regarding production and handling of Hemp;

iv. Records regarding Crop and Hemp sampling and testing analyses;

v. Records regarding storage of hemp;

vi. Records regarding the transfer and disposal of Crop and Hemp; and

vii. Records regarding the destruction and disposal of all cannabis plants exceeding the 

Acceptable Hemp THC Level.

c. Annual Report

i. Each Bona Fide Hemp Grower/Processor must submit an annual report to the 

Department. The report form must be submitted by November 30th of each year and 

contain the following information:

A. Bona Fide Hemp Grower/Processor’s name;

B. Bona Fide Hemp Grower/Processor’s address;

C. Bona Fide Hemp Grower Certification Number;

D. Street address and geospatial location of each lot, greenhouse, building, or Grow 

Site or area where Hemp will be produced; Island Acreage dedicated to the 

production of Hemp, or greenhouse or indoor square footage dedicated to the 

production of Hemp; and

E. Total acreage of Crop and Hemp planted, harvested, and disposed of.

ii. The Department will report all information collected in the Annual Report to AMS as 

required by USDA.

d. Reporting to FSA Required

i. All Bona Fide Hemp Grower/Processors must report Hemp and Crop acreage with FSA 

and must provide, at minimum, the following information to FSA:

A. Hemp crop acreage;

B. Total acreage of hemp planted, harvested, and disposed;

C. Bona Fide Hemp Grower Certification Number;

D. Street address;
Page 39

Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

E. Geospatial location of each lot, greenhouse, building, or site where hemp will be 

produced. All locations where hemp is produced must be reported to FSA; and

F. Acreage of greenhouse or indoor square footage dedicated to the production of 

hemp.

e. All records and reports must be kept and maintained by the Bona Fide Hemp 

Grower/Processor for not less than three calendar years and in a manner such that they can 

be readily provided to the Department upon request.

3. Department Recordkeeping and Reporting

a. The Department will maintain all relevant records and information regarding Bona Fide 

Hemp Grower/Processors and land on which Hemp is produced in Guam, for not less than 

three calendar years.

b. The Department will collect, maintain, and report to USDA via fax, certified mail, email, 

or other method deemed acceptable by USDA the following contact and real-time 

information for each Bona Fide Hemp Grower/Processor in Guam:

i. The contact information of each Bona Fide Hemp Grower/Processor.

ii. A legal description of the land on which hemp is grown including its geospatial 

location; and

iii. The status of Bona Fide Hemp Grower/Processors (and any changes) and Hemp 

Grower Certification number of each hemp grower.

c. By the first of each month, and not more than thirty (30) days after receipt, the Department 

will provide the following information to the United States Secretary of Agriculture or the 

Secretary’s designee in a format that is compatible with USDA’s Information Sharing 

System whenever possible. If the first of the month falls on a weekend or holiday, the report 

will be submitted by the first business day following the due date:

i. Hemp Grower Report, which will contain the following:

A. For each new Bona Fide Hemp Grower/Processor who is an individual and is 

certified under the Guam Hemp Plan, the report will include the full name of the 

individual; Guam Hemp Grower Certification number; business address; telephone 

number; email address (if available); the legal description of the land on which the 

Bona Fide Hemp Grower/Processor will produce Hemp including, to the extent 

practicable, its geospatial location; and the scope of the activity authorized;

B. For each new Bona Fide Hemp Grower/Processor that is an entity and is certified 

under the Guam Hemp Plan, the report will include the full name of the entity; the 

principal business location address; EIN; Guam Hemp Grower Certification 

number; the full name, title, and email address (if available) of each person for 

whom the entity is required to submit a criminal history record report; the legal 

description of the land on which the Bona Fide Hemp Grower/Processor will 

produce Hemp including, to the extent practicable, its geospatial location; and the 

scope of the activity authorized;

C. For each Bona Fide Hemp Grower/Processor that was included in a previous report 

and whose reported information has changed, the report will include the previously 

reported information and the new information;

D. The status of each Hemp grower’s certification;

E. The period covered by the report; and

F. Indication that there were no changes during the current reporting cycle, if 

applicable.

ii. Hemp Disposal Report, which will contain the following:

A. Name and contact information of the Bona Fide Hemp Grower/Processor;
Page 40

Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

B. Hemp Grower Certification number;

C. Location information, such as lot number, location type, and geospatial location or 

another location descriptor for the production area subject to disposal;

D. A copy of the respective test results.

E. Information on the agent handling the disposal;

F. Disposal completion date; and

G. Total acreage disposed.

d. Annual Report

i. The Department will submit an annual report to USDA. The report form will be 

submitted by December 15 of each year and contain the following information: This 

information must be submitted through USDA’s information sharing system, HeMP. 

Please review the full plan for other instances where reporting is done via forms rather 

thanUSDA’s information sharing system.

A. Total planted acreage;

B. Total harvested acreage; and

C. Total acreage disposed.

e. Test Results Report

i. The Department will promptly notify USDA by certified mail or electronically of any 

occurrence of cannabis plants or plant material that do not meet the definition of hemp 

and will attach copies of analytical test results as well as records demonstrating 

appropriate disposal of all of those plants and materials in the lot from which the 

representative samples were taken.

4. Processor/Manufacturer Recordkeeping and Reporting

a. Processor/Manufacturer must keep and maintain copies of all written agreements with 

certified growers, including growers holding a Guam Hemp Grower Certification as well 

as growers licensed by the USDA or authorized to produce Hemp under other USDA 

approved state or tribal hemp plans, governing their business relationship.

b. Processor/Manufacturer must keep and maintain the following records:

i. Hemp intake records, which include:

A. Name, location, and certification number (Guam Hemp Grower Certification 

number or other valid Hemp grower identification number) for each grower from 

whom the Processor/Manufacturer accepts Hemp for processing;

B. The date(s) on which Hemp is received from each certified grower;

C. Copies of analytical testing results confirming that each lot of Hemp received for 

processing does not exceed the Acceptable Hemp THC Level;

D. The amount of each variety received from each certified grower; and

E. The approved Hemp products for which each variety of Hemp received from each 

certified grower will be used.

ii. Inventory records for Hemp products being processed and stored, which include:

A. Date of inventory;

B. Location of stored inventory;

C. Total amount of each hemp product on hand;

D. Total amount of hemp and hemp seed of each variety on hand;

E. Total amount of unusable hemp and hemp seed of each variety on hand; and

F. Name, signature, and title of the employee performing inventory.

iii. Disposal records for all unusable Hemp, which include:

A. Date of disposal;

B. Amount of each Hemp variety disposed;

C. Method of disposal or destruction;
Page 41

Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

D. Location of disposal or destruction; and

E. Name, signature, and title of employee responsible for disposal or destruction.

iv. Processing records, which include:

A. List of products produced from Hemp; and

B. List of buyers or recipients of Hemp products including:

I. Name, address, and phone number of each buyer or recipient;

II. Description of each product purchased or otherwise distributed;

III. Quantity of each product purchased or otherwise distributed; and

IV. Date of distribution.

c. Permittees must keep and maintain copies of all records, documents, and information 

required by this Plan for at least three (3) years and in a manner such that they can be readily 

provided to the Department upon request.

d. The Department will maintain all relevant records and information regarding Bona Fide 

Hemp Grower/Processor and Permittees and facilities at which Hemp is processed or 

handled in the Territory of Guam, including a legal description for property on which each 

processing or handling facility is located, for not less than three (3) calendar years. 
Page 42

Department of Agriculture

Dipåttamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Chelsa Muña

Director

Roy Gamboa

Deputy Director

 

VII. Certification of Resources and Personnel

The Department hereby certifies that it has the resources and personnel to carry out the requirements, 

practices, and procedures as outlined in 7 CFR 990.