US Virgin Islands Recreational & Medical Marijuana Licensing Guide
Recreational Marijuana
US Virgin Islands has a comprehensive framework governing the use, production, and sale of marijuana, which was legalized for recreational use.
As of 2023, the U.S. Virgin Islands (USVI) has legalized the recreational and sacramental use of marijuana for adults aged 21 and over. This significant change followed the signing of legislation by Governor Albert Bryan Jr. on January 18, 2023, making the USVI one of the few Caribbean territories to permit recreational cannabis use.Â
The legalization is established under the Virgin Islands Cannabis Use Act, codified in Title 19, Chapter 34 of the Virgin Islands Code. This act sets forth regulations for the possession, cultivation, distribution, and use of cannabis within the territory.
Possession Limits:
- Adults 21 and Over: May legally possess up to 2 ounces of cannabis flower, 14 grams of cannabis concentrates, and 1 ounce of cannabis products such as edibles.
- Ages 18 to 21: Possession of up to 1 ounce is a civil offense, punishable by a fine between $100 and $200. Individuals under 18 must also complete a drug awareness program.
Cultivation: Adults may cultivate a limited number of cannabis plants for personal use, subject to regulations ensuring security and non-visibility from public spaces.
Public Consumption: Smoking or consuming cannabis in public places remains prohibited, with penalties applicable to maintain public order.
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US Virgin Islands recreational marijuana program involves several types of licenses, including:
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Cultivation License: Allows for the commercial growing of cannabis plants. Cultivators must implement security measures and comply with environmental standards.
Manufacturing License: Permits processing cannabis into concentrates, edibles, and other products. Manufacturers must follow health and safety protocols.
Retail License: Authorizes the sale of cannabis products to consumers. Retailers must verify customer age and follow marketing guidelines to prevent underage appeal.
Testing License: Grants facilities the ability to test cannabis products for potency and contaminants.
Transportation License: Enables the secure movement of cannabis products between licensed facilities.
Hemp
The USVI has established a legal framework for hemp production through the Industrial Hemp Act of 2019.
Regulatory Authority: Managed by the Virgin Islands Department of Agriculture.
Compliance: Hemp must contain no more than 0.3% THC. Regular testing and reporting are required.
Licenses:
- Cultivation License: For growing hemp.
- Processing License: For converting hemp into products.
- Marketing and Selling: Licensed entities may sell hemp products, adhering to labeling and THC content regulations.
Medical Marijuana
The USVI legalized medical marijuana in 2019 with the Virgin Islands Medical Cannabis Patient Care Act.
Qualifying Conditions: Includes chronic pain, cancer, HIV/AIDS, PTSD, and other debilitating conditions as determined by a physician.
Patient Registration: Patients must obtain a Medical Cannabis Card from the Virgin Islands Department of Health.
Possession Limits: Medical patients may possess up to 4 ounces of cannabis, 1 ounce of concentrates, and 2 ounces of cannabis products.
Penalty Details
Possession
- Under Legal Age or Over Legal Limits:
First Offense: Possession of more than 2 ounces (for adults) or any amount (for those under 21) can result in up to 1 year imprisonment and/or a fine up to $5,000.
Second Offense: Up to 2 years imprisonment and/or a fine up to $10,000.
Conditional Release: First-time offenders may receive probation. Successful completion can lead to dismissal of charges and expungement for those under 21.
Distribution or Cultivation
First Offense: Up to 5 years imprisonment and/or a fine up to $15,000.
Subsequent Offenses: Up to 10 years imprisonment and/or a fine up to $30,000.
Aggravating Factors:
Near Schools/Parks/Beaches: An additional mandatory minimum of 2 years imprisonment if offenses occur within 1,000 feet of these areas.
To Minors:
- Under 18 Distributing to Under 18:
- First Offense: Up to 10 years imprisonment and/or a fine up to $30,000. Parole possible after 4 years.
- Subsequent Offenses: Up to 20 years imprisonment and/or a fine up to $60,000.
- Over 18 Distributing to Under 18:
- First Offense: Up to 15 years imprisonment and/or a fine up to $60,000. Parole possible after 6 years.
- Subsequent Offenses: Up to 30 years imprisonment and/or a fine up to $90,000.
- Under 18 Distributing to Under 18:
Large Quantities:
- 50–200 lbs: Minimum 3 years imprisonment and a fine up to $25,000.
- 200–1,000 lbs: Minimum 5 years imprisonment and a fine up to $50,000.
- Over 1,000 lbs: Minimum 15 years imprisonment and a fine up to $200,000.
Hash & Concentrates
Legal Possession: Adults over 21 may possess up to 14 grams.
Trafficking Penalties:
- 1–10 lbs: Minimum 3 years imprisonment and a fine up to $25,000.
- 10–100 lbs: Minimum 5 years imprisonment and a fine up to $50,000.
- Over 100 lbs: Minimum 15 years imprisonment and a fine up to $200,000.
Paraphernalia
Possession with Intent to Use: Up to 1 year imprisonment and/or a fine up to $5,000.
Distribution: Up to 3 years imprisonment and/or a fine up to $15,000.
Distribution to Minors: If an adult distributes paraphernalia to someone under 18, penalties increase.
Forfeiture
- Property and Vehicles: Items used in the commission of cannabis offenses can be seized under Title 19 V.I.C. § 623.
Conditional Release and Expungement
First-Time Offenders: May opt for probation instead of trial. Successful completion can lead to dismissal of charges.
Expungement: The government is enacting measures to expunge records of those convicted of simple possession, aiming to rectify past injustices.
Psychedelics
Psychedelics remain illegal in the USVI, classified as Schedule I substances under Title 19, Chapter 27 of the Virgin Islands Code.
Legal Status: Unauthorized possession, use, or distribution is illegal, with penalties including fines and imprisonment.
Ketamine: Classified as a Schedule III substance, ketamine is legal for medical use under professional supervision.
Telehealth Laws: Strict regulations govern the prescription of controlled substances via telehealth, requiring compliance with both federal and territorial laws.
Right to Try Act
- The USVI aligns with the federal Right to Try Act, allowing terminally ill patients access to investigational drugs. However, this does not currently extend to Schedule I substances like most psychedelics.
Religious Exemptions
- While federal law allows certain religious use of psychedelics under specific conditions, the USVI does not have additional provisions. Any religious use would need to comply with both federal and territorial laws.
Compliance and Enforcement
Law Enforcement: The Virgin Islands Police Department enforces cannabis laws, focusing on unlicensed activities and violations.
Penalties for Non-Compliance: Violations can result in fines, imprisonment, and forfeiture of property.
Check Other States Licensing Guide
- Adult Use
- Medical
- Limited Medical
- Illegal
Where to Find Us
Address
Contact INFO
PHONE:Â 786-526-1155
EMAIL:Â info@mrcannabislaw.com
