District Court Chief Judge Frances Tydingco Gatewood has dismissed a lawsuit filed by Sedfrey Linsangan against GovGuam over the legalized use of marijuana on Guam.
Former magistrate Judge Joaquin Manibusan recommended the dismissal of the suit. Linsangan objected but the Chief Judge overruled his objections.
Linsangan, who is not a lawyer, argued that the Guam Organic Act bars the enactment of any local Guam law that conflicts with federal law. The sale and use of marijuana is still illegal under federal law.
However, Gatewood concluded that the Organic Act does not provide Linsangan with grounds to file suit.
Furthermore, she wrote that Linsangan did not show that he would suffer actual injury from the recreational marijuana law.
He only alleged unsubstantiated mental health conditions, potential financial harm, and general harm to the public. He did not successfully show that he is presently threatened with irreparable damage or injury, wrote the Judge.
As a result, Judge Gatewood overruled Linsangan’s objections and affirmed Magistrate Judge Manibusan’s report dismissing the lawsuit.