Government officials are reminding local businesses about an existing law that prohibits the sale of cannabis-infused food products and remains in effect.

Food products such as cookies, brownies or other items that contain cannabis and cannabis-derived compounds have been declared prohibited by local and federal statutes.

The Department of Public Health and Social Services Division of Environmental Health announced in a press release to all businesses and individuals that commercially stored, prepared or manufactured cannabis-infused foods cannot be sold legally on island.

Legal sales are pending a specific, new licensure process for an upcoming adult-use cannabis industry. Applications for business licenses are beginning to be accepted today for businesses aiming to be among the first government-approved dispensaries.

In the meantime, however, food products that contain CBD, THC or other cannabis-derived compounds that are manufactured or sold commercially are illegal, Public Health stated in the release.

In its release, Public Health cited the Guam Food, Drug and Cosmetic Act, which states “a food shall be deemed to be adulterated if it is or it bears or contains any food additive which is unsafe within the meaning of the federal act.”

The federal act referred to is the United States Food, Drug, and Cosmetic Act, which defines the term “food additive” as any substance which results in it becoming a component of any food, unless the substance is generally recognized as safe among qualified experts under the conditions of its intended use, or unless the substance meets a listed exception.

The U.S. Food and Drug Administration does not recognize CBD, THC or other cannabis-derived compounds as generally recognized as safe for use as an ingredient in food, DPHSS said.

In addition, the Guam Food Code and the Retail Food Store Sanitation Regulations prevent the use of food additives that are not considered safe under the GFDCA, Public Health stated in the release.

DPHSS disclosed it will not clear any business license applications, or issue sanitary permits to establishments proposing to manufacture or sell cannabis-infused foods, including beverages or food supplements.

Furthermore, DPHSS stated that regulatory enforcement actions, including monetary penalties and the suspension of sanitary permits, may be initiated against establishments or individuals commercially manufacturing or selling cannabis-infused food products.