(a) As used in this chapter, the following words, terms, and phrases have the following meaning:(a) “Advertising” or “Advertisement” means the act of providing consideration for the publication, dissemination, solicitation, or circulation of visual, oral, or written communications that induce any person to patronize a place of sale or purchase Cannabis items. “Advertising” does not include packaging and labeling, consumer education materials, or branding. “Advertising” proposes a commercial transaction or otherwise constitutes commercial speech.(b) “Adult Use” or “Adult User” means the use of cannabis by persons over the age of 21.(c) “Adult Use Lounge” means a business, pursuant to an issued permit, wherein individuals over the age of 21 may use Cannabis, commercial Cannabis products, or commercial Cannabis accessories. Said space may be public or private and may be owned by an individual, corporation, partnership, association, trust, government or entity, or any combination thereof.(d) “Applicant” means a person who has applied for a Medical Cannabis Patient Card, Medical Cannabis Caregiver Card, Sacramental Use Cultivation, Cannabis License, or Cannabis Permit, renewal, change of ownership, or change of location of a Cannabis License pursuant to this chapter, which application has been accepted for review but has not been approved or denied by the OCR.(e) “Auto-Expungement” means the review of criminal records of individuals convicted of Cannabis related crimes and expunging qualifying records, as determined by the Auto-Expungement report and subsequent amendments issued by the OCR.(f) “Bona fide Practitioner-Patient Relationship” means:(1) A practitioner and patient have a treatment or consulting relationship, during the course of which the practitioner has completed an assessment of the patient’s medical history and current medical condition, including an appropriate in-person physical examination;(2) The practitioner has consulted with the patient with respect to the patient’s debilitating medical condition; and(3) The practitioner is available or offers to provide follow-up care and treatment to the patient, including, but not limited to, patient examinations.(g) “Branding” means the promotion of a business’s brand through publicizing a Cannabis business by name, logo, or distinct design features of the brand.(h) “Business Entity” means a legal entity incorporated pursuant to title 13 of the Virgin Islands Code or formed under title 26 of the Virgin Islands Code, whose shareholders, officers, directors, members, partners, or owners are each resident of the Virgin Islands as required by section 786(a) and that is not publicly traded. A business entity and each of the persons who are its shareholders, officers, directors, members, partners, or owners are owners.(i) “Cannabis” means all parts of the plant of the genus Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including cannabis concentrate. “Cannabis” does not include industrial hemp, nor does it include fiber produced from the stalks, oil or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with Cannabis to prepare topical or oral administrations, food, drink, or other product. “Cannabis” does not include “Hemp” or “Industrial Hemp” as specifically defined by the United States Department of Agriculture.(j) “Cannabis Business” means a Cannabis Licensee, Micro-Cultivation Permittee, and Adult Use Lounge Permittee.”(k) “Cannabis Business Representative” means an owner, employee, or agent of a Cannabis Business and shall not include a Contractor or a Consultant.(l) “Cannabis Concentrate” means a specific subset of Cannabis Items that were produced by extracting cannabinoids, through a solvent or non-solvent manufacturing process, from Cannabis or by combining extracted cannabinoids with Cannabis or other ingredients and are intended for use by smoking or vaporizing.(m) “Cannabis Cultivation License” or “Cannabis Cultivation Licensee” means a person licensed pursuant to this chapter to operate a business as described in section 792 that cultivates Cannabis for sale to Cannabis Licensees.(n) “Cannabis Dispensary License” or “Cannabis Dispensary Licensee” means a person licensed pursuant to this chapter to operate a business as described in section 794 that sells Cannabis Items.(o) “Cannabis Infused Product” means any product that is comprised of Cannabis Concentrate or Cannabis Flower and other ingredients and is intended for use or consumption other than by smoking or vaporizing, including edible Cannabis-Infused Products, Topical Cannabis-Infused Products, Transdermal Cannabis-Infused Products, and Transmucosal Cannabis-Infused Products. An extract of Cannabis that does not include any other non-cannabis ingredients but includes activated cannabinoids intended for oral administration are considered an Edible Cannabis-Infused Product.(p) “Cannabis Item” means Cannabis plant material, Cannabis Concentrate, and Cannabis Infused Product.(q) “Cannabis Manufacturing License” means a person licensed pursuant to this chapter to operate a business as described in section 793 that manufactures Cannabis Items for sale to other Cannabis Licensees.(r) “Cannabis Paraphernalia” means any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing Cannabis, or for ingesting, inhaling, or otherwise introducing Cannabis into the human body.(s) “Cannabis Permit”, “Cannabis Permittee”, “Permit” or “Permittee” means a person permitted pursuant to this chapter to engage in a Cannabis related activity, unless specific provisions or context provides otherwise. Cannabis Permittees include Micro-Cultivation Permittees, Adult Use Lounge Permittee, Cannabis Use Permittee, Temporary Cannabis Use Permittee, and Onsite Consumption Permittee.(t) “Cannabis Product” means concentrated Cannabis products and Cannabis products that are comprised of Cannabis and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.(u) “Cannabis Research and Development License” or “Cannabis Research and Development Licensee” means a person licensed pursuant to this chapter to operate a business as described in section 795 that engages in research and development around Cannabis testing, genetics, seed manufacturing, plant tissue cultivation and manufacturing, with the intention of developing new products and technologies.(v) “Cannabis Testing Facility License” or “Cannabis Testing Facility Licensee” means the holder of a license issued by the OCR to perform testing on Cannabis items.(w) “Cannabis Use Permit” or “Cannabis Use Permittee” means a person permitted pursuant to this chapter to operate a business that allows for the consumption of Cannabis in a designated area, subject to applicable regulations.(x) “Cardholder” means a Qualified Patient, Designated Caregiver, and Sacramental User authorized to grow for personal sacramental use who has been issued and possesses a valid Medical Cannabis Registry Card issued by the OCR.(y) “Child-Resistant” means special packaging that is:(1) Designed or constructed to be significantly difficult for children under five years of age to open and not difficult for normal adults to use properly as defined by 16 C.F.R. 1700.20 (1995);(2) Opaque so that the packaging does not allow the product to be seen without opening the packaging material; and(3) Resealable for any product intended for more than a single-use or containing multiple servings.(z) “Consultant” means a person who visits the Licensed Premises of a Cannabis Licensee on a temporary basis to perform a service related to advising a Cannabis Licensee on the cultivation, curing, processing, internal-testing, storing, packaging, labeling, manufacturing, transportation, transfer, purchase, and sale of Cannabis Items.(aa) “Consumer Education Materials” means any informational materials that seek to educate consumers about rules and regulations within the Cannabis industry generally, including, but not limited to, education regarding the safe consumption of Cannabis, regulated Cannabis Concentrate, or regulated Cannabis Products, provided it is not distributed or made available to individuals under 21 years of age.(bb) “Container” means the sealed package in which Cannabis are placed for sale.(cc) “Contractor” means a person other than a Cannabis Business Representative who visits the Licensed Premises of the Cannabis Business on a temporary basis to perform a service, maintenance, or repair in a manner that does not qualify the person as a Consultant.(dd) “Crime of Violence” has the same meaning as defined in title 23, section 451(g) of the Virgin Islands Code.(ee) “Cultivation Facility” means an entity registered with the OCR pursuant to this chapter that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells Cannabis and related supplies to Cannabis establishments.(ff) “Deliver” means the commercial transfer of Cannabis Items from a Cannabis Dispensary, up to an amount determined by the OCR, to a Qualified Patient or Designated Caregiver. “Delivery” also includes the use of any technology platform that enables Qualified Patients to arrange for or facilitate the commercial transfer by a Cannabis Dispensary of Cannabis Items. All deliveries shall comply with federal laws and regulations.(gg) “Designated Caregiver” means an individual identified in writing, pursuant to the provisions of title 19, chapter 11, sections 779 and 780 of the Virgin Islands Code, and who also:(1) is at least 21 years of age;(2) has been designated in writing by the Qualified Patient or the parent or legal guardian of the Qualified Patient, and who may possess, purchase, or administer Cannabis to a Qualified Patient;(3) has agreed to assist with a Qualified Patient’s medicinal use of Cannabis;(4) has not been convicted of a Disqualifying Felony Offense; and(5) assists no more than three Qualifying Patients, including him or herself, with their medicinal use of cannabis, unless the Designated Caregiver’s Qualifying Patients each reside in or is admitted to a health care facility or residential care facility where the Designated Caregiver is employed.(hh) “Designated Consumption Area” means a designated area where adults, 21 years of age or older, are expressly permitted to consume Cannabis or Cannabis Items.(ii) “Disqualifying Felony Offense” means a crime that was classified as a felony in the jurisdiction where the person was convicted, but not including an offense that consisted of conduct that under this chapter would not have resulted in a conviction.(jj) “Edible Cannabis Product” means a Cannabis-Infused Product that is intended to be taken by mouth, swallowed, and is primarily absorbed through the gastrointestinal tract. Edible cannabis-infused products may be psychoactive when used as intended. Without limitation, edible cannabis-infused products may be in the form of food, beverage, capsule, or tablet.(kk) “Female-operated Entity” means a Virgin Islands entity that is owned and controlled by females who are citizens of the United States and residents of the Virgin Islands, in which not less than 51% of the ownership interest is held by females and the management and daily business operations of which are controlled by one or more females, or, in the case of a corporation that has issued stock, of which not less than 51% of the capital stock is owned by one or more females.(ll) “Financial Interest” means any right or entitlement to any portion of revenue or profit from the sales of a Cannabis Business, including a Reasonable Royalty or Permitted Interest. A Financial Interest does not include an Indirect Interest. Except as otherwise provided by this chapter, a Financial Interest holder may not exercise control over the Cannabis Business. A holder of the Financial Interest may not be a publicly traded company or consist of any other multipart corporate structure that, in the discretion of the OCR, renders it impracticable or impossible for the OCR to conduct its background investigation on all relevant parties and beneficiaries of the applicant or that limits or prevents full and direct transparency to underlying direct or indirect ownership, beneficial or otherwise.(mm) “Financial Interest Holder” means any person entitled to a Financial Interest pursuant to this chapter, including a Reasonable Royalty Holder and a Permitted Interest Holder. A Financial Interest Holders is not an Unaffiliated Third Party.(nn) “Flowering Canopy” means the total square feet of all Flowering Cannabis Plants on the Licensed Premises of a Cannabis Cultivation Licensee.(oo) “Flowering Cannabis Plant” means a Cannabis plant in a light cycle intended to stimulate the production of flowers, trichomes, and cannabinoids characteristic of cannabis.(pp) “Immature Cannabis Plant” means a Cannabis plant that is its initial vegetative stage, and has not yet entered flowering stage.(qq) “Immediate Family Member” means a spouse, parent, or child.(rr) “Indirect Interest” means any interest in a Cannabis Business License that does not rise to the level of a Financial Interest. An Indirect Interest may include but is not limited to a person’s right to receive commercially reasonable rent payments on a fixed basis pursuant to a bona fide lease agreement, secured or unsecured loans, or security interest in fixtures or equipment with a direct nexus to the cultivation, manufacture, sale, transportation, or testing of Cannabis, a consulting fee on a fixed basis for services that are allowed under this chapter, or a person who receives a bonus as an employee if the employee is on a fixed wage or salary and the bonus is based on a written incentive/bonus program that is standard and customary for the services rendered. Except as otherwise provided by this chapter, an Indirect Interest holder shall neither exercise control of nor be positioned to enable the exercise of control over the Cannabis Business or Cannabis Business Licensee. A holder of an Indirect Interest is not an Unaffiliated Third Party.(ss) “Interest” means any Financial Interest or Indirect Interest in a Cannabis Business or Cannabis Business License. A holder of an Interest is not an Unaffiliated Third Party.(tt) “Inventory Tracking System” means an electronic tracking system approved by the OCR pursuant to section 791 that all licensees are required to utilize, that tracks Cannabis Items from either the seed or immature plant stage until the Cannabis Item is sold to a retail user or is destroyed. Cannabis Business Licensees may utilize a third-party seed-to-sale tracking system if s the system is approved by the OCR and is able to transmit the required information to the “Inventory Tracking System”.(uu) “Licensee” or “License” means a person licensed pursuant to this chapter. Cannabis Licensees include Cannabis Cultivation Licensees, Cannabis Manufacturing Licensees, Cannabis Testing Facility Licensees, and Medical Cannabis Dispensary Licensees.(vv) “Licensed Premises” means the premises specified in an application for a license under this chapter, which are owned or in possession of the licensee and within which the licensee is authorized to cultivate, manufacture, distribute, or sell Cannabis Items in accordance with this chapter.(ww) “Limited Access Area” means a building, room, or other contiguous areas upon the Licensed Premises where Cannabis Items are cultivated, manufactured, stored, weighed, packaged, sold, or processed for sale under control of the Licensee.(xx) “Majority Ownership” or Majority Owner” means a person or group of persons who are owners of, or control 51% or more of the equity interest, voting rights, and profits interest in a Cannabis Business on a fully diluted basis.(yy) “Manager” means any person who is not an owner or holder of a Financial Interest and to whom a licensed Cannabis Business has delegated discretionary authority to organize, direct, carry on or supervise day to day operations.(zz) “Medical Cannabis Patient Card” means a document or card issued by the OCR that identifies a person as a registered Qualified Patient or registered Designated Caregiver; or documentation that is deemed a Medical Cannabis Patient Card pursuant to section 780.(aaa) “Medical Cannabis Certification” means a Medical Cannabis Registry Form signed by a licensed practitioner, certifying that in the practitioner’s professional opinion, the patient has a Qualifying Medical Condition.(bbb) “Medical Cannabis Registry Form” means a form created by the OCR for the purposes of a practitioner certifying an individual as a Qualified Patient.(ccc) “Medicinal Use” includes the acquisition, administration, cultivation, manufacture, delivery, harvest, possession, preparation, transfer, transportation, or use of Cannabis or paraphernalia relating to the administration of Cannabis to treat or alleviate a registered Qualified Patient’s debilitating medical condition or symptoms associated with the patient’s debilitating medical condition. The term does not include: the cultivation of Cannabis by a nonresident cardholder; the cultivation of Cannabis by a cardholder who is not designated as being allowed to cultivate on the cardholder’s Medical Cannabis Patient Card; or the extraction of resin from Cannabis by solvent extraction unless the extraction is done by a Cannabis product manufacturing facility.(ddd) “Merit-Based Application Process” means the process, as described in sections 777 and 787, by which the OCR awards Cannabis Licenses.(eee) “Micro - Cultivation Permit” or “Micro -Cultivation Permittee” means an individual, or group of individuals, authorized pursuant to this chapter to operate a business at a specific location as described in section 794 that allows for the small-scale cultivation of Cannabis for commercial sale to a Cannabis Licensee.(fff) “Micro - Cultivation Site” means the specific location within an address, as designated by a Micro-Cultivation Permittee, where the small-scale cultivation of Cannabis for commercial sale to a Cannabis Licensee is permitted to occur.(ggg) “Minority Ownership” or “Minority Owner” means a person who is an owner or controls less than 50% of a Cannabis Business on a fully diluted basis.(hhh) “Modification of Licensed Premises” means the substantial change in the use or structure of a Cannabis Licensee’s Licensed Premises as described in sections 790-796.(iii) “Non-resident Cannabis Fee” means a fee charged to non-resident customers of a Cannabis Dispensary as described in section 802.(jjj) “Nonresident Medical Cannabis Patient Card” means valid documentation that exempts the individual from criminal prosecution for the purchase, possession, and use of Cannabis for medicinal purposes under the laws of the issuing state or jurisdiction, and indicates all the following:The issuance of the card is conditioned upon a practitioner advising the individual that the medicinal use of cannabis may mitigate symptoms or effects of the person’s medical condition;(1) The card has an expiration date or requires periodic re-evaluations, the period of required re-evaluation has not passed, and the card has not yet expired;(2) The designated cardholder has been diagnosed with a debilitating medical condition, or is the parent, guardian, conservator, or other person with authority to consent to the medicinal treatment of a person who has been diagnosed with a debilitating medical condition;(3) The designated cardholder is not a resident of the Virgin Islands or who has been a resident of the Virgin Islands for less than 45 days;(4) The card issued is currently valid and is similar to the Virgin Islands Medical Cannabis Card or the equivalent of a Medical Cannabis Card registered and authorized by another state, district, territory, commonwealth, insular possession of the United States, or country recognized by the United States that allows the person to use cannabis for medicinal purposes in the jurisdiction of issuance;(5) The cardholder has submitted any documentation required by the OCR and has received confirmation of registration; and(6) The cardholder is otherwise a Qualified Patient as defined in this chapter.(kkk) “Office of Cannabis Regulation (“OCR”)” means the government agency charged with implementing this chapter and administering its provisions and regulations.(lll) “Onsite Consumption Permit” means a permit issued to a Cannabis Licensee authorizing limited onsite consumption of Cannabis at the Licensed Premises.(mmm) “Owner” means a natural person or business entity that owns any share of stock or membership interest in a Cannabis License, including but not limited to, the officers, directors, members, or partners of the Cannabis Licensee, and any person in receipt of or who has the right to receive any share of the revenues or profits derived from the Cannabis Business that is not a Financial Interest approved by the OCR. “Owner” includes all types of legal entities, individually or as a group, that may be formed as comingled or derivative ownership structures for the purpose of being an owner or participating, in any manner, in the rights and/or privileges typically reserved for Owners. “Owner” for purposes of this chapter does not include an owner who holds the License or shares or any other interests in any entity, for which he or she is not the actual beneficial owner.(nnn) “Permitted Interest” means a right to obtain an ownership interest, right to control, or share of profits or revenues in a Cannabis License pursuant to a Permitted Interest Agreement where the holder of such Permitted Interest is a natural person who is a lawful U.S. citizen whose right to ownership in the Cannabis License is contingent on the Permitted Interest Holder’s qualification, approval by the OCR, and licensure as an Owner. A “Permitted Interest” is a Financial Interest.(ooo) “Permitted Interest Agreement” means the agreement between the Permitted Interest Holder and Cannabis Licensee setting forth the terms and conditions upon which the Permitted Interest Holder has a right to obtain ownership interest, right to control, or share of profits or revenues in a Cannabis License. A Permitted Interest Agreement may be in the form of a convertible debt option, option agreement, warrant or any other agreement as defined by the OCR.(ppp) “Permitted Interest Holder” means the holder of a Permitted Interest. A “Permitted Interest Holder” is a Financial Interest Holder and must be a natural person who is a lawful U.S. citizen.(qqq) “Person” means a natural person, partnership, association, company, corporation, limited liability company, organization, trust or similar entity, estate, joint venture, or a Manager, agent, owner, director, servant, officer, or employee thereof; except that “Person” does not include any governmental organization.(rrr) “Pesticide” means (1) a substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or (2) any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. For the purposes of this chapter, the definition includes herbicides regulated under Federal Insecticide, Fungicide and Rodenticide Act.(sss) “Practitioner” means a person who is licensed and in good standing in the Virgin Islands as a medical doctor, osteopath, naturopath, homeopath, chiropractor, practitioner’s assistant who maintains, in good standing, a license to practice medicine issued by the Virgin Islands or with respect to any non-resident medical cannabis card, any practitioner or other person qualified under the laws of the jurisdiction of residence of any non-resident to prescribe Cannabis.(ttt) “Qualifying Medical Condition” means:1. Cancer;2. Glaucoma;3. Positive status for Human Immunodeficiency Virus (HIV);4. Acquired Immune Deficiency Syndrome (AIDS);5. Hepatitis C;6. Amyotrophic Lateral Sclerosis (ALS);7. Crohn’s Disease;8. Parkinson’s Disease;9. Post-Traumatic Stress Disorder;10. Multiple Sclerosis;11. Severe nausea;12. Autism;13. Any condition for which a practitioner would prescribe an opiate for pain; or14. Any other conditions as certified in writing by a practitioner that, in the professional opinion of the practitioner, the potential benefits of the medicinal use of cannabis would likely outweigh the health risks for the Qualified Patient.(uuu) “Qualified Patient” means (1) an individual 21 years of age or older with legal responsibility for their own medical decisions and who possesses a valid, signed Medical Cannabis Certification Form or Nonresident Medical Cannabis Card, or (2) an individual less than 21 years of age or who otherwise is not legally responsible for their own medical decisions, with a valid, signed Medical Cannabis Certification Form or Nonresident Medical Cannabis Patient Card and consent of their legal parent or guardian for the above Medical Cannabis Patient Cards.(vvv) “Reasonable Royalty” means a right to a royalty payment for the use of licensed Intellectual property in the form of technology, brands, trade secrets, trademarks, copyrights, or other intellectual property approved by the OCR related to the production, sale, or distribution of Cannabis or Cannabis Items based on the value of gross revenue generated from the manufacturing or processing of Cannabis or Cannabis Products. While no specific percentage of such revenue can be deemed reasonable for purposes of this section, whether a rate is reasonable is subject to the discretion of the OCR pursuant to factors set forth by the OCR in accordance Virgin Islands law, and in no event shall the OCR approve an agreement for a Reasonable Royalty where the agreements transfer more than 30% of the gross wholesale revenue of the Cannabis Business derived from the use of the licensed intellectual property to the Reasonable Royalty Holder.(www) “Reasonable Royalty Holder” means any person who receives a Reasonable Royalty in exchange for a Licensee’s use of the Reasonable Royalty Holder’s intellectual property. A Reasonable Royalty Holder may not exercise control over the Cannabis Business unless the holder is also an owner. Notwithstanding anything herein to the contrary, provisions in licensing agreements whereby the Reasonable Royalty Holder imposes reasonable requirements to protect its intellectual property, standard and customary in the agreements, may not be considered evidence of control over a Cannabis Business. The provisions include, but are not limited to, quality controls and regulations governing marketing and advertising. A Reasonable Royalty Holder is a Financial Interest Holder.(xxx) “Resealable” means that the package continues to function within the effectiveness specifications, which are established by the OCR similar to the federal “Poison Prevention Packaging Act of 1970”, 15 U.S.C. sec. 1471 et seq., for the number of openings and closings customary for its size and contents.(yyy) “Resident” means any natural person who currently resides in the Territory and has resided in the Territory for 10 of the last 15 years prior to applying for any license or permit, or who qualifies under title 29, section 1003(9)(c) of the Virgin Islands Code, in addition to and including those who would have graduated from a high school in the Virgin Islands but for a temporary re-location due to a natural disaster; and who maintains residency in the Territory and who is subject to personal income tax in the Territory for the entire period such person holds title to a license or permit.(zzz) “Resident-Owned Business” means a business enterprise owned by an individual who is or, by a majority number of individuals, meets the definition of Resident.(aaaa) “Restricted Access Area” means a designated and secure area within a Licensed Premises where Cannabis and Retail Cannabis Products are sold, possessed for sale, and displayed for sale, and where no one under the age of 21 is permitted.(bbbb) “Sacramental Usage” or “Sacramental Use” means lawful use and means of production, transport, and location of use by persons over the age of 21 who are members of an organized religion or faith that is incorporated under title 13 of the Virgin Islands Code who use Cannabis in the sincere exercise of their religion or faith as may be prescribed by the OCR. A Sacramental User who desires to grow Cannabis in furtherance of the sacramental use of Cannabis must register with the OCR pursuant to the requirements of this chapter and the rules of the OCR.(cccc) “Sale” or “Sell” means to exchange for remuneration, to solicit or receive, and order through a Licensee licensed under this chapter, to deliver for value in any way other than gratuitously, to peddle or possess with intent to sell, or to traffic in for any consideration.(dddd) “School” means a child-care or day-care facility, public or private preschool, or a public or private elementary, middle, junior high, or high school.(eeee) “Service-Disabled Veteran” means a veteran who is a citizen of the United States and resident of the Virgin Islands pursuant to 29 V.I.C. § 1003(9), with a service-connected disability as determined by the United States Department of Veterans Affairs or who has been terminated from military service by reason of disability by the United States Department of Defense.(ffff) “Service-Disabled Veteran-Operated Entity” means a Virgin Islands entity that is owned and controlled by service-disabled veterans in which not less than 51% of the ownership interest is held by service-disabled veterans and the management and daily business operations of which are controlled by one or more service-disabled veterans, and whose majority ownership also meets the residency requirement in § 786(a)(7) or, in the case of a corporation that has issued stock, of which not less than 51% of the capital stock is owned by one or more service-disabled veteran, on a fully diluted basis.(gggg) “Shipping Container” means any container or wrapping used solely for the transport of Cannabis Items in bulk to other Cannabis Licensees.(hhhh) “Smoking” means the burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains Cannabis. Smoking does not include vaporization, sublimation, or any other chemical.(iiii) “Temporary Cannabis Use Permit” or “Temporary Cannabis Use Permittee” means a person permitted to organize and operate an event that allows for the consumption of Cannabis in a designated area, subject to applicable regulations.(jjjj) “Transportation Manifest” means a document created by the Inventory Tracking System that enables a Cannabis Licensee to transport Cannabis Items and designates the time, the quantity of Cannabis Items, and receipt of Cannabis Items.(kkkk) “Unaffiliated Third Party” means, in the case of a Cannabis Dispensary or Cannabis Production Licensee, a person who has no ownership or financial interest, direct or indirect, in that Cannabis Dispensary or Cannabis Manufacturing Licensee and, in the case of a Cannabis Dispensary, a person who has no ownership or financial interest, direct or indirect, in that Cannabis Dispensary or Cannabis Manufacturing business. A Financial Interest Holder or a person who holds an Indirect Interest is not an Unaffiliated Third Party.(llll) “Unreasonably Impracticable” means that the measures necessary to comply with the regulations require such a high investment of risk, money, time, or any other resource or asset that the operation of a Cannabis Business establishment is not worthy of being carried out in practice by a reasonably prudent business person.(mmmm) “Written Certification” means a document dated and signed by a practitioner, stating that in the practitioner’s professional opinion the patient is likely to receive therapeutic or palliative benefit from the medicinal use of Cannabis to treat or alleviate the patient’s debilitating medical condition or symptoms associated with the debilitating medical condition. A written certification must affirm that it is made during a bona fide practitioner-patient relationship and must specify the Qualified Patient’s Qualifying Medical Condition.
(a) “Advertising” or “Advertisement” means the act of providing consideration for the publication, dissemination, solicitation, or circulation of visual, oral, or written communications that induce any person to patronize a place of sale or purchase Cannabis items. “Advertising” does not include packaging and labeling, consumer education materials, or branding. “Advertising” proposes a commercial transaction or otherwise constitutes commercial speech.
(b) “Adult Use” or “Adult User” means the use of cannabis by persons over the age of 21.
(c) “Adult Use Lounge” means a business, pursuant to an issued permit, wherein individuals over the age of 21 may use Cannabis, commercial Cannabis products, or commercial Cannabis accessories. Said space may be public or private and may be owned by an individual, corporation, partnership, association, trust, government or entity, or any combination thereof.
(d) “Applicant” means a person who has applied for a Medical Cannabis Patient Card, Medical Cannabis Caregiver Card, Sacramental Use Cultivation, Cannabis License, or Cannabis Permit, renewal, change of ownership, or change of location of a Cannabis License pursuant to this chapter, which application has been accepted for review but has not been approved or denied by the OCR.
(e) “Auto-Expungement” means the review of criminal records of individuals convicted of Cannabis related crimes and expunging qualifying records, as determined by the Auto-Expungement report and subsequent amendments issued by the OCR.
(f) “Bona fide Practitioner-Patient Relationship” means:(1) A practitioner and patient have a treatment or consulting relationship, during the course of which the practitioner has completed an assessment of the patient’s medical history and current medical condition, including an appropriate in-person physical examination;(2) The practitioner has consulted with the patient with respect to the patient’s debilitating medical condition; and(3) The practitioner is available or offers to provide follow-up care and treatment to the patient, including, but not limited to, patient examinations.
(1) A practitioner and patient have a treatment or consulting relationship, during the course of which the practitioner has completed an assessment of the patient’s medical history and current medical condition, including an appropriate in-person physical examination;
(2) The practitioner has consulted with the patient with respect to the patient’s debilitating medical condition; and
(3) The practitioner is available or offers to provide follow-up care and treatment to the patient, including, but not limited to, patient examinations.
(g) “Branding” means the promotion of a business’s brand through publicizing a Cannabis business by name, logo, or distinct design features of the brand.
(h) “Business Entity” means a legal entity incorporated pursuant to title 13 of the Virgin Islands Code or formed under title 26 of the Virgin Islands Code, whose shareholders, officers, directors, members, partners, or owners are each resident of the Virgin Islands as required by section 786(a) and that is not publicly traded. A business entity and each of the persons who are its shareholders, officers, directors, members, partners, or owners are owners.
(i) “Cannabis” means all parts of the plant of the genus Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including cannabis concentrate. “Cannabis” does not include industrial hemp, nor does it include fiber produced from the stalks, oil or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with Cannabis to prepare topical or oral administrations, food, drink, or other product. “Cannabis” does not include “Hemp” or “Industrial Hemp” as specifically defined by the United States Department of Agriculture.
(j) “Cannabis Business” means a Cannabis Licensee, Micro-Cultivation Permittee, and Adult Use Lounge Permittee.”
(k) “Cannabis Business Representative” means an owner, employee, or agent of a Cannabis Business and shall not include a Contractor or a Consultant.
(l) “Cannabis Concentrate” means a specific subset of Cannabis Items that were produced by extracting cannabinoids, through a solvent or non-solvent manufacturing process, from Cannabis or by combining extracted cannabinoids with Cannabis or other ingredients and are intended for use by smoking or vaporizing.
(m) “Cannabis Cultivation License” or “Cannabis Cultivation Licensee” means a person licensed pursuant to this chapter to operate a business as described in section 792 that cultivates Cannabis for sale to Cannabis Licensees.
(n) “Cannabis Dispensary License” or “Cannabis Dispensary Licensee” means a person licensed pursuant to this chapter to operate a business as described in section 794 that sells Cannabis Items.
(o) “Cannabis Infused Product” means any product that is comprised of Cannabis Concentrate or Cannabis Flower and other ingredients and is intended for use or consumption other than by smoking or vaporizing, including edible Cannabis-Infused Products, Topical Cannabis-Infused Products, Transdermal Cannabis-Infused Products, and Transmucosal Cannabis-Infused Products. An extract of Cannabis that does not include any other non-cannabis ingredients but includes activated cannabinoids intended for oral administration are considered an Edible Cannabis-Infused Product.
(p) “Cannabis Item” means Cannabis plant material, Cannabis Concentrate, and Cannabis Infused Product.
(q) “Cannabis Manufacturing License” means a person licensed pursuant to this chapter to operate a business as described in section 793 that manufactures Cannabis Items for sale to other Cannabis Licensees.
(r) “Cannabis Paraphernalia” means any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing Cannabis, or for ingesting, inhaling, or otherwise introducing Cannabis into the human body.
(s) “Cannabis Permit”, “Cannabis Permittee”, “Permit” or “Permittee” means a person permitted pursuant to this chapter to engage in a Cannabis related activity, unless specific provisions or context provides otherwise. Cannabis Permittees include Micro-Cultivation Permittees, Adult Use Lounge Permittee, Cannabis Use Permittee, Temporary Cannabis Use Permittee, and Onsite Consumption Permittee.
(t) “Cannabis Product” means concentrated Cannabis products and Cannabis products that are comprised of Cannabis and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.
(u) “Cannabis Research and Development License” or “Cannabis Research and Development Licensee” means a person licensed pursuant to this chapter to operate a business as described in section 795 that engages in research and development around Cannabis testing, genetics, seed manufacturing, plant tissue cultivation and manufacturing, with the intention of developing new products and technologies.
(v) “Cannabis Testing Facility License” or “Cannabis Testing Facility Licensee” means the holder of a license issued by the OCR to perform testing on Cannabis items.
(w) “Cannabis Use Permit” or “Cannabis Use Permittee” means a person permitted pursuant to this chapter to operate a business that allows for the consumption of Cannabis in a designated area, subject to applicable regulations.
(x) “Cardholder” means a Qualified Patient, Designated Caregiver, and Sacramental User authorized to grow for personal sacramental use who has been issued and possesses a valid Medical Cannabis Registry Card issued by the OCR.
(y) “Child-Resistant” means special packaging that is:(1) Designed or constructed to be significantly difficult for children under five years of age to open and not difficult for normal adults to use properly as defined by 16 C.F.R. 1700.20 (1995);(2) Opaque so that the packaging does not allow the product to be seen without opening the packaging material; and(3) Resealable for any product intended for more than a single-use or containing multiple servings.
(1) Designed or constructed to be significantly difficult for children under five years of age to open and not difficult for normal adults to use properly as defined by 16 C.F.R. 1700.20 (1995);
(2) Opaque so that the packaging does not allow the product to be seen without opening the packaging material; and
(3) Resealable for any product intended for more than a single-use or containing multiple servings.
(z) “Consultant” means a person who visits the Licensed Premises of a Cannabis Licensee on a temporary basis to perform a service related to advising a Cannabis Licensee on the cultivation, curing, processing, internal-testing, storing, packaging, labeling, manufacturing, transportation, transfer, purchase, and sale of Cannabis Items.
(aa) “Consumer Education Materials” means any informational materials that seek to educate consumers about rules and regulations within the Cannabis industry generally, including, but not limited to, education regarding the safe consumption of Cannabis, regulated Cannabis Concentrate, or regulated Cannabis Products, provided it is not distributed or made available to individuals under 21 years of age.
(bb) “Container” means the sealed package in which Cannabis are placed for sale.
(cc) “Contractor” means a person other than a Cannabis Business Representative who visits the Licensed Premises of the Cannabis Business on a temporary basis to perform a service, maintenance, or repair in a manner that does not qualify the person as a Consultant.
(dd) “Crime of Violence” has the same meaning as defined in title 23, section 451(g) of the Virgin Islands Code.
(ee) “Cultivation Facility” means an entity registered with the OCR pursuant to this chapter that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells Cannabis and related supplies to Cannabis establishments.
(ff) “Deliver” means the commercial transfer of Cannabis Items from a Cannabis Dispensary, up to an amount determined by the OCR, to a Qualified Patient or Designated Caregiver. “Delivery” also includes the use of any technology platform that enables Qualified Patients to arrange for or facilitate the commercial transfer by a Cannabis Dispensary of Cannabis Items. All deliveries shall comply with federal laws and regulations.
(gg) “Designated Caregiver” means an individual identified in writing, pursuant to the provisions of title 19, chapter 11, sections 779 and 780 of the Virgin Islands Code, and who also:(1) is at least 21 years of age;(2) has been designated in writing by the Qualified Patient or the parent or legal guardian of the Qualified Patient, and who may possess, purchase, or administer Cannabis to a Qualified Patient;(3) has agreed to assist with a Qualified Patient’s medicinal use of Cannabis;(4) has not been convicted of a Disqualifying Felony Offense; and(5) assists no more than three Qualifying Patients, including him or herself, with their medicinal use of cannabis, unless the Designated Caregiver’s Qualifying Patients each reside in or is admitted to a health care facility or residential care facility where the Designated Caregiver is employed.
(1) is at least 21 years of age;
(2) has been designated in writing by the Qualified Patient or the parent or legal guardian of the Qualified Patient, and who may possess, purchase, or administer Cannabis to a Qualified Patient;
(3) has agreed to assist with a Qualified Patient’s medicinal use of Cannabis;
(4) has not been convicted of a Disqualifying Felony Offense; and
(5) assists no more than three Qualifying Patients, including him or herself, with their medicinal use of cannabis, unless the Designated Caregiver’s Qualifying Patients each reside in or is admitted to a health care facility or residential care facility where the Designated Caregiver is employed.
(hh) “Designated Consumption Area” means a designated area where adults, 21 years of age or older, are expressly permitted to consume Cannabis or Cannabis Items.
(ii) “Disqualifying Felony Offense” means a crime that was classified as a felony in the jurisdiction where the person was convicted, but not including an offense that consisted of conduct that under this chapter would not have resulted in a conviction.
(jj) “Edible Cannabis Product” means a Cannabis-Infused Product that is intended to be taken by mouth, swallowed, and is primarily absorbed through the gastrointestinal tract. Edible cannabis-infused products may be psychoactive when used as intended. Without limitation, edible cannabis-infused products may be in the form of food, beverage, capsule, or tablet.
(kk) “Female-operated Entity” means a Virgin Islands entity that is owned and controlled by females who are citizens of the United States and residents of the Virgin Islands, in which not less than 51% of the ownership interest is held by females and the management and daily business operations of which are controlled by one or more females, or, in the case of a corporation that has issued stock, of which not less than 51% of the capital stock is owned by one or more females.
(ll) “Financial Interest” means any right or entitlement to any portion of revenue or profit from the sales of a Cannabis Business, including a Reasonable Royalty or Permitted Interest. A Financial Interest does not include an Indirect Interest. Except as otherwise provided by this chapter, a Financial Interest holder may not exercise control over the Cannabis Business. A holder of the Financial Interest may not be a publicly traded company or consist of any other multipart corporate structure that, in the discretion of the OCR, renders it impracticable or impossible for the OCR to conduct its background investigation on all relevant parties and beneficiaries of the applicant or that limits or prevents full and direct transparency to underlying direct or indirect ownership, beneficial or otherwise.
(mm) “Financial Interest Holder” means any person entitled to a Financial Interest pursuant to this chapter, including a Reasonable Royalty Holder and a Permitted Interest Holder. A Financial Interest Holders is not an Unaffiliated Third Party.
(nn) “Flowering Canopy” means the total square feet of all Flowering Cannabis Plants on the Licensed Premises of a Cannabis Cultivation Licensee.
(oo) “Flowering Cannabis Plant” means a Cannabis plant in a light cycle intended to stimulate the production of flowers, trichomes, and cannabinoids characteristic of cannabis.
(pp) “Immature Cannabis Plant” means a Cannabis plant that is its initial vegetative stage, and has not yet entered flowering stage.
(qq) “Immediate Family Member” means a spouse, parent, or child.
(rr) “Indirect Interest” means any interest in a Cannabis Business License that does not rise to the level of a Financial Interest. An Indirect Interest may include but is not limited to a person’s right to receive commercially reasonable rent payments on a fixed basis pursuant to a bona fide lease agreement, secured or unsecured loans, or security interest in fixtures or equipment with a direct nexus to the cultivation, manufacture, sale, transportation, or testing of Cannabis, a consulting fee on a fixed basis for services that are allowed under this chapter, or a person who receives a bonus as an employee if the employee is on a fixed wage or salary and the bonus is based on a written incentive/bonus program that is standard and customary for the services rendered. Except as otherwise provided by this chapter, an Indirect Interest holder shall neither exercise control of nor be positioned to enable the exercise of control over the Cannabis Business or Cannabis Business Licensee. A holder of an Indirect Interest is not an Unaffiliated Third Party.
(ss) “Interest” means any Financial Interest or Indirect Interest in a Cannabis Business or Cannabis Business License. A holder of an Interest is not an Unaffiliated Third Party.
(tt) “Inventory Tracking System” means an electronic tracking system approved by the OCR pursuant to section 791 that all licensees are required to utilize, that tracks Cannabis Items from either the seed or immature plant stage until the Cannabis Item is sold to a retail user or is destroyed. Cannabis Business Licensees may utilize a third-party seed-to-sale tracking system if s the system is approved by the OCR and is able to transmit the required information to the “Inventory Tracking System”.
(uu) “Licensee” or “License” means a person licensed pursuant to this chapter. Cannabis Licensees include Cannabis Cultivation Licensees, Cannabis Manufacturing Licensees, Cannabis Testing Facility Licensees, and Medical Cannabis Dispensary Licensees.
(vv) “Licensed Premises” means the premises specified in an application for a license under this chapter, which are owned or in possession of the licensee and within which the licensee is authorized to cultivate, manufacture, distribute, or sell Cannabis Items in accordance with this chapter.
(ww) “Limited Access Area” means a building, room, or other contiguous areas upon the Licensed Premises where Cannabis Items are cultivated, manufactured, stored, weighed, packaged, sold, or processed for sale under control of the Licensee.
(xx) “Majority Ownership” or Majority Owner” means a person or group of persons who are owners of, or control 51% or more of the equity interest, voting rights, and profits interest in a Cannabis Business on a fully diluted basis.
(yy) “Manager” means any person who is not an owner or holder of a Financial Interest and to whom a licensed Cannabis Business has delegated discretionary authority to organize, direct, carry on or supervise day to day operations.
(zz) “Medical Cannabis Patient Card” means a document or card issued by the OCR that identifies a person as a registered Qualified Patient or registered Designated Caregiver; or documentation that is deemed a Medical Cannabis Patient Card pursuant to section 780.
(aaa) “Medical Cannabis Certification” means a Medical Cannabis Registry Form signed by a licensed practitioner, certifying that in the practitioner’s professional opinion, the patient has a Qualifying Medical Condition.
(bbb) “Medical Cannabis Registry Form” means a form created by the OCR for the purposes of a practitioner certifying an individual as a Qualified Patient.
(ccc) “Medicinal Use” includes the acquisition, administration, cultivation, manufacture, delivery, harvest, possession, preparation, transfer, transportation, or use of Cannabis or paraphernalia relating to the administration of Cannabis to treat or alleviate a registered Qualified Patient’s debilitating medical condition or symptoms associated with the patient’s debilitating medical condition. The term does not include: the cultivation of Cannabis by a nonresident cardholder; the cultivation of Cannabis by a cardholder who is not designated as being allowed to cultivate on the cardholder’s Medical Cannabis Patient Card; or the extraction of resin from Cannabis by solvent extraction unless the extraction is done by a Cannabis product manufacturing facility.
(ddd) “Merit-Based Application Process” means the process, as described in sections 777 and 787, by which the OCR awards Cannabis Licenses.
(eee) “Micro - Cultivation Permit” or “Micro -Cultivation Permittee” means an individual, or group of individuals, authorized pursuant to this chapter to operate a business at a specific location as described in section 794 that allows for the small-scale cultivation of Cannabis for commercial sale to a Cannabis Licensee.
(fff) “Micro - Cultivation Site” means the specific location within an address, as designated by a Micro-Cultivation Permittee, where the small-scale cultivation of Cannabis for commercial sale to a Cannabis Licensee is permitted to occur.
(ggg) “Minority Ownership” or “Minority Owner” means a person who is an owner or controls less than 50% of a Cannabis Business on a fully diluted basis.
(hhh) “Modification of Licensed Premises” means the substantial change in the use or structure of a Cannabis Licensee’s Licensed Premises as described in sections 790-796.
(iii) “Non-resident Cannabis Fee” means a fee charged to non-resident customers of a Cannabis Dispensary as described in section 802.
(jjj) “Nonresident Medical Cannabis Patient Card” means valid documentation that exempts the individual from criminal prosecution for the purchase, possession, and use of Cannabis for medicinal purposes under the laws of the issuing state or jurisdiction, and indicates all the following:The issuance of the card is conditioned upon a practitioner advising the individual that the medicinal use of cannabis may mitigate symptoms or effects of the person’s medical condition;(1) The card has an expiration date or requires periodic re-evaluations, the period of required re-evaluation has not passed, and the card has not yet expired;(2) The designated cardholder has been diagnosed with a debilitating medical condition, or is the parent, guardian, conservator, or other person with authority to consent to the medicinal treatment of a person who has been diagnosed with a debilitating medical condition;(3) The designated cardholder is not a resident of the Virgin Islands or who has been a resident of the Virgin Islands for less than 45 days;(4) The card issued is currently valid and is similar to the Virgin Islands Medical Cannabis Card or the equivalent of a Medical Cannabis Card registered and authorized by another state, district, territory, commonwealth, insular possession of the United States, or country recognized by the United States that allows the person to use cannabis for medicinal purposes in the jurisdiction of issuance;(5) The cardholder has submitted any documentation required by the OCR and has received confirmation of registration; and(6) The cardholder is otherwise a Qualified Patient as defined in this chapter.
The issuance of the card is conditioned upon a practitioner advising the individual that the medicinal use of cannabis may mitigate symptoms or effects of the person’s medical condition;
(1) The card has an expiration date or requires periodic re-evaluations, the period of required re-evaluation has not passed, and the card has not yet expired;
(2) The designated cardholder has been diagnosed with a debilitating medical condition, or is the parent, guardian, conservator, or other person with authority to consent to the medicinal treatment of a person who has been diagnosed with a debilitating medical condition;
(3) The designated cardholder is not a resident of the Virgin Islands or who has been a resident of the Virgin Islands for less than 45 days;
(4) The card issued is currently valid and is similar to the Virgin Islands Medical Cannabis Card or the equivalent of a Medical Cannabis Card registered and authorized by another state, district, territory, commonwealth, insular possession of the United States, or country recognized by the United States that allows the person to use cannabis for medicinal purposes in the jurisdiction of issuance;
(5) The cardholder has submitted any documentation required by the OCR and has received confirmation of registration; and
(6) The cardholder is otherwise a Qualified Patient as defined in this chapter.
(kkk) “Office of Cannabis Regulation (“OCR”)” means the government agency charged with implementing this chapter and administering its provisions and regulations.
(lll) “Onsite Consumption Permit” means a permit issued to a Cannabis Licensee authorizing limited onsite consumption of Cannabis at the Licensed Premises.
(mmm) “Owner” means a natural person or business entity that owns any share of stock or membership interest in a Cannabis License, including but not limited to, the officers, directors, members, or partners of the Cannabis Licensee, and any person in receipt of or who has the right to receive any share of the revenues or profits derived from the Cannabis Business that is not a Financial Interest approved by the OCR. “Owner” includes all types of legal entities, individually or as a group, that may be formed as comingled or derivative ownership structures for the purpose of being an owner or participating, in any manner, in the rights and/or privileges typically reserved for Owners. “Owner” for purposes of this chapter does not include an owner who holds the License or shares or any other interests in any entity, for which he or she is not the actual beneficial owner.
(nnn) “Permitted Interest” means a right to obtain an ownership interest, right to control, or share of profits or revenues in a Cannabis License pursuant to a Permitted Interest Agreement where the holder of such Permitted Interest is a natural person who is a lawful U.S. citizen whose right to ownership in the Cannabis License is contingent on the Permitted Interest Holder’s qualification, approval by the OCR, and licensure as an Owner. A “Permitted Interest” is a Financial Interest.
(ooo) “Permitted Interest Agreement” means the agreement between the Permitted Interest Holder and Cannabis Licensee setting forth the terms and conditions upon which the Permitted Interest Holder has a right to obtain ownership interest, right to control, or share of profits or revenues in a Cannabis License. A Permitted Interest Agreement may be in the form of a convertible debt option, option agreement, warrant or any other agreement as defined by the OCR.
(ppp) “Permitted Interest Holder” means the holder of a Permitted Interest. A “Permitted Interest Holder” is a Financial Interest Holder and must be a natural person who is a lawful U.S. citizen.
(qqq) “Person” means a natural person, partnership, association, company, corporation, limited liability company, organization, trust or similar entity, estate, joint venture, or a Manager, agent, owner, director, servant, officer, or employee thereof; except that “Person” does not include any governmental organization.
(rrr) “Pesticide” means (1) a substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or (2) any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. For the purposes of this chapter, the definition includes herbicides regulated under Federal Insecticide, Fungicide and Rodenticide Act.
(sss) “Practitioner” means a person who is licensed and in good standing in the Virgin Islands as a medical doctor, osteopath, naturopath, homeopath, chiropractor, practitioner’s assistant who maintains, in good standing, a license to practice medicine issued by the Virgin Islands or with respect to any non-resident medical cannabis card, any practitioner or other person qualified under the laws of the jurisdiction of residence of any non-resident to prescribe Cannabis.
(ttt) “Qualifying Medical Condition” means:1. Cancer;2. Glaucoma;3. Positive status for Human Immunodeficiency Virus (HIV);4. Acquired Immune Deficiency Syndrome (AIDS);5. Hepatitis C;6. Amyotrophic Lateral Sclerosis (ALS);7. Crohn’s Disease;8. Parkinson’s Disease;9. Post-Traumatic Stress Disorder;10. Multiple Sclerosis;11. Severe nausea;12. Autism;13. Any condition for which a practitioner would prescribe an opiate for pain; or14. Any other conditions as certified in writing by a practitioner that, in the professional opinion of the practitioner, the potential benefits of the medicinal use of cannabis would likely outweigh the health risks for the Qualified Patient.
1. Cancer;
2. Glaucoma;
3. Positive status for Human Immunodeficiency Virus (HIV);
4. Acquired Immune Deficiency Syndrome (AIDS);
5. Hepatitis C;
6. Amyotrophic Lateral Sclerosis (ALS);
7. Crohn’s Disease;
8. Parkinson’s Disease;
9. Post-Traumatic Stress Disorder;
10. Multiple Sclerosis;
11. Severe nausea;
12. Autism;
13. Any condition for which a practitioner would prescribe an opiate for pain; or
14. Any other conditions as certified in writing by a practitioner that, in the professional opinion of the practitioner, the potential benefits of the medicinal use of cannabis would likely outweigh the health risks for the Qualified Patient.
(uuu) “Qualified Patient” means (1) an individual 21 years of age or older with legal responsibility for their own medical decisions and who possesses a valid, signed Medical Cannabis Certification Form or Nonresident Medical Cannabis Card, or (2) an individual less than 21 years of age or who otherwise is not legally responsible for their own medical decisions, with a valid, signed Medical Cannabis Certification Form or Nonresident Medical Cannabis Patient Card and consent of their legal parent or guardian for the above Medical Cannabis Patient Cards.
(vvv) “Reasonable Royalty” means a right to a royalty payment for the use of licensed Intellectual property in the form of technology, brands, trade secrets, trademarks, copyrights, or other intellectual property approved by the OCR related to the production, sale, or distribution of Cannabis or Cannabis Items based on the value of gross revenue generated from the manufacturing or processing of Cannabis or Cannabis Products. While no specific percentage of such revenue can be deemed reasonable for purposes of this section, whether a rate is reasonable is subject to the discretion of the OCR pursuant to factors set forth by the OCR in accordance Virgin Islands law, and in no event shall the OCR approve an agreement for a Reasonable Royalty where the agreements transfer more than 30% of the gross wholesale revenue of the Cannabis Business derived from the use of the licensed intellectual property to the Reasonable Royalty Holder.
(www) “Reasonable Royalty Holder” means any person who receives a Reasonable Royalty in exchange for a Licensee’s use of the Reasonable Royalty Holder’s intellectual property. A Reasonable Royalty Holder may not exercise control over the Cannabis Business unless the holder is also an owner. Notwithstanding anything herein to the contrary, provisions in licensing agreements whereby the Reasonable Royalty Holder imposes reasonable requirements to protect its intellectual property, standard and customary in the agreements, may not be considered evidence of control over a Cannabis Business. The provisions include, but are not limited to, quality controls and regulations governing marketing and advertising. A Reasonable Royalty Holder is a Financial Interest Holder.
(xxx) “Resealable” means that the package continues to function within the effectiveness specifications, which are established by the OCR similar to the federal “Poison Prevention Packaging Act of 1970”, 15 U.S.C. sec. 1471 et seq., for the number of openings and closings customary for its size and contents.
(yyy) “Resident” means any natural person who currently resides in the Territory and has resided in the Territory for 10 of the last 15 years prior to applying for any license or permit, or who qualifies under title 29, section 1003(9)(c) of the Virgin Islands Code, in addition to and including those who would have graduated from a high school in the Virgin Islands but for a temporary re-location due to a natural disaster; and who maintains residency in the Territory and who is subject to personal income tax in the Territory for the entire period such person holds title to a license or permit.
(zzz) “Resident-Owned Business” means a business enterprise owned by an individual who is or, by a majority number of individuals, meets the definition of Resident.
(aaaa) “Restricted Access Area” means a designated and secure area within a Licensed Premises where Cannabis and Retail Cannabis Products are sold, possessed for sale, and displayed for sale, and where no one under the age of 21 is permitted.
(bbbb) “Sacramental Usage” or “Sacramental Use” means lawful use and means of production, transport, and location of use by persons over the age of 21 who are members of an organized religion or faith that is incorporated under title 13 of the Virgin Islands Code who use Cannabis in the sincere exercise of their religion or faith as may be prescribed by the OCR. A Sacramental User who desires to grow Cannabis in furtherance of the sacramental use of Cannabis must register with the OCR pursuant to the requirements of this chapter and the rules of the OCR.
(cccc) “Sale” or “Sell” means to exchange for remuneration, to solicit or receive, and order through a Licensee licensed under this chapter, to deliver for value in any way other than gratuitously, to peddle or possess with intent to sell, or to traffic in for any consideration.
(dddd) “School” means a child-care or day-care facility, public or private preschool, or a public or private elementary, middle, junior high, or high school.
(eeee) “Service-Disabled Veteran” means a veteran who is a citizen of the United States and resident of the Virgin Islands pursuant to 29 V.I.C. § 1003(9), with a service-connected disability as determined by the United States Department of Veterans Affairs or who has been terminated from military service by reason of disability by the United States Department of Defense.
(ffff) “Service-Disabled Veteran-Operated Entity” means a Virgin Islands entity that is owned and controlled by service-disabled veterans in which not less than 51% of the ownership interest is held by service-disabled veterans and the management and daily business operations of which are controlled by one or more service-disabled veterans, and whose majority ownership also meets the residency requirement in § 786(a)(7) or, in the case of a corporation that has issued stock, of which not less than 51% of the capital stock is owned by one or more service-disabled veteran, on a fully diluted basis.
(gggg) “Shipping Container” means any container or wrapping used solely for the transport of Cannabis Items in bulk to other Cannabis Licensees.
(hhhh) “Smoking” means the burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains Cannabis. Smoking does not include vaporization, sublimation, or any other chemical.
(iiii) “Temporary Cannabis Use Permit” or “Temporary Cannabis Use Permittee” means a person permitted to organize and operate an event that allows for the consumption of Cannabis in a designated area, subject to applicable regulations.
(jjjj) “Transportation Manifest” means a document created by the Inventory Tracking System that enables a Cannabis Licensee to transport Cannabis Items and designates the time, the quantity of Cannabis Items, and receipt of Cannabis Items.
(kkkk) “Unaffiliated Third Party” means, in the case of a Cannabis Dispensary or Cannabis Production Licensee, a person who has no ownership or financial interest, direct or indirect, in that Cannabis Dispensary or Cannabis Manufacturing Licensee and, in the case of a Cannabis Dispensary, a person who has no ownership or financial interest, direct or indirect, in that Cannabis Dispensary or Cannabis Manufacturing business. A Financial Interest Holder or a person who holds an Indirect Interest is not an Unaffiliated Third Party.
(llll) “Unreasonably Impracticable” means that the measures necessary to comply with the regulations require such a high investment of risk, money, time, or any other resource or asset that the operation of a Cannabis Business establishment is not worthy of being carried out in practice by a reasonably prudent business person.
(mmmm) “Written Certification” means a document dated and signed by a practitioner, stating that in the practitioner’s professional opinion the patient is likely to receive therapeutic or palliative benefit from the medicinal use of Cannabis to treat or alleviate the patient’s debilitating medical condition or symptoms associated with the debilitating medical condition. A written certification must affirm that it is made during a bona fide practitioner-patient relationship and must specify the Qualified Patient’s Qualifying Medical Condition.