(a) The OCR shall create and publish a Medical Cannabis Registry Form for practitioners to certify that an individual has a Qualifying Medical Condition and would benefit from access to the medicinal use of Cannabis. The Department of Health shall provide advice and guidance on the creation of the form.
(b) The OCR shall create and publish a specific Medical Cannabis Registry Form for Qualified Patients under 21 years of age or not in control of their own medical decisions, which shall require the Qualified Patient’s parent or legal guardian’s name and signature.
(c) The OCR shall notify the Department of Health if it has reason to suspect that a practitioner is providing individuals with a Medical Cannabis Certification Form in a fraudulent manner or in violation of this chapter.
(d) Evidence of a practitioner’s attestation and signature on Medical Cannabis Registry Forms, certifying an individual as a Qualified Patient, shall be sufficient to provide the individual with all protections entitled to a Qualified Patient.
(e) A practitioner shall recommend the medicinal use of Cannabis and provide an individual with a Medical Cannabis Certification Form only after the performance of an in-person examination and determination that the individual has a Qualifying Medical Condition and would benefit from the medicinal use of Cannabis.
(f) A practitioner that has an interest in or obtains any financial benefit from a Licensee may not provide an individual a Medical Cannabis Certification Form, nor may that Practitioner’s Medical Cannabis Certification be used as the basis for providing an individual with a Medical Cannabis Certification Form.
(g) Prior to completing a Medical Cannabis Certification Form for Qualified Patients under 21 years of age or who are not legally responsible for their own medical decisions, a practitioner must obtain the signature of the Qualified Patient’s parent or legal guardian.
(h) A practitioner shall include an expiration date on all Medical Cannabis Certification Forms that shall not exceed two years from the date of issuance for residents of the Virgin Islands, and that shall not exceed thirty days from the date of issuance for non-residents. The definition of “resident” for purposes of qualifying for the medicinal use of Cannabis, is any individual who has resided in the Virgin Islands for 30 days or more.
(i) The OCR shall create a Medical Cannabis Patient Registry and issue Medical Cannabis Patient Cards to Qualified Patients that submit a valid application.(1) The Medical Cannabis Patient Registry, as well as any information obtained in relation to an application to the registry, shall remain confidential and exempt from the Virgin Islands public records law in title 3, chapter 33 of Virgin Islands Code.(2) A Qualified Patient may apply to the OCR to be listed within the Medical Cannabis Patient Registry and receive a Medical Cannabis Patient Card. The OCR will provide qualified applicants a Medical Cannabis Patient Card that must include, but need not be limited to, the following information:(A) The name of the cardholder;(B) A designation that the cardholder is a Qualified Patient;(C) A random alphanumeric number assigned to the Qualified Patient for purposes of identification in the Medical Cannabis Patient Registry;(D) A phone number and web address where the validity of the Medical Cannabis Patient Card can be verified pursuant to the request of the Qualified Patient; and(E) The expiration date of the Medical Cannabis Patient Card, which must be the same as the date on the Qualified Patient’s Medical Cannabis Registry Form.(3) A valid Medical Cannabis Card will be considered the legal equivalent of a valid and signed Medical Cannabis Certification Form.(4) A Designated Caregiver shall be required to possess a Medical Cannabis Caregiver Card to possess or administer Cannabis on behalf of a Qualified Patient.
(1) The Medical Cannabis Patient Registry, as well as any information obtained in relation to an application to the registry, shall remain confidential and exempt from the Virgin Islands public records law in title 3, chapter 33 of Virgin Islands Code.
(2) A Qualified Patient may apply to the OCR to be listed within the Medical Cannabis Patient Registry and receive a Medical Cannabis Patient Card. The OCR will provide qualified applicants a Medical Cannabis Patient Card that must include, but need not be limited to, the following information:(A) The name of the cardholder;(B) A designation that the cardholder is a Qualified Patient;(C) A random alphanumeric number assigned to the Qualified Patient for purposes of identification in the Medical Cannabis Patient Registry;(D) A phone number and web address where the validity of the Medical Cannabis Patient Card can be verified pursuant to the request of the Qualified Patient; and(E) The expiration date of the Medical Cannabis Patient Card, which must be the same as the date on the Qualified Patient’s Medical Cannabis Registry Form.
(A) The name of the cardholder;
(B) A designation that the cardholder is a Qualified Patient;
(C) A random alphanumeric number assigned to the Qualified Patient for purposes of identification in the Medical Cannabis Patient Registry;
(D) A phone number and web address where the validity of the Medical Cannabis Patient Card can be verified pursuant to the request of the Qualified Patient; and
(E) The expiration date of the Medical Cannabis Patient Card, which must be the same as the date on the Qualified Patient’s Medical Cannabis Registry Form.
(3) A valid Medical Cannabis Card will be considered the legal equivalent of a valid and signed Medical Cannabis Certification Form.
(4) A Designated Caregiver shall be required to possess a Medical Cannabis Caregiver Card to possess or administer Cannabis on behalf of a Qualified Patient.
(j) If the Qualified Patient designates a Designated Caregiver, the OCR may designate whether the Qualified Patient or Designated Caregiver will be allowed to possess and cultivate Cannabis plants for the Qualified Patient’s medicinal use.
(k) If the Qualified Patient is unable to submit the information required under subsection (a) due to the persons’ age or medical condition, the person responsible for making medical decisions for the Qualified Patient may do so on behalf of the Qualified Patient.
(l) The OCR shall:(1) Verify the information contained in an application or renewal submitted pursuant to this chapter and approve or deny an application not later than 15 days or renewal not later than five days after receiving a completed application or renewal application; and(2) Issue Medical Cannabis Patient Cards to a Qualified Patient and the Designated Caregivers, if any, not later than five days after approving the application or renewal. A Designated Caregiver must have a Medical Cannabis Patient Card for each Qualified Patient for whom the Designated Caregiver is responsible.
(1) Verify the information contained in an application or renewal submitted pursuant to this chapter and approve or deny an application not later than 15 days or renewal not later than five days after receiving a completed application or renewal application; and
(2) Issue Medical Cannabis Patient Cards to a Qualified Patient and the Designated Caregivers, if any, not later than five days after approving the application or renewal. A Designated Caregiver must have a Medical Cannabis Patient Card for each Qualified Patient for whom the Designated Caregiver is responsible.
(m) The OCR may conduct a background check of the prospective Designated Caregiver.
(n) The OCR may not issue a Medical Cannabis Patient Card to a Qualified Patient who is younger than 21 years of age unless:(1) The Qualified Patient’s practitioner has explained the potential risks and benefits of the medicinal use of Cannabis to the custodial parent or legal guardian with responsibility for health care decisions for the Qualified Patient; and(2) The custodial parent or legal guardian with responsibility for health care decisions for the Qualified Patient consents in writing to:(A) allow the Qualified Patient’s medicinal use of Cannabis;(B) serve as the Qualified Patient’s Designated Caregiver; and(C) control the acquisition of the Cannabis, the dosage, and the frequency of the medicinal use of Cannabis by the Qualified Patient.
(1) The Qualified Patient’s practitioner has explained the potential risks and benefits of the medicinal use of Cannabis to the custodial parent or legal guardian with responsibility for health care decisions for the Qualified Patient; and
(2) The custodial parent or legal guardian with responsibility for health care decisions for the Qualified Patient consents in writing to:(A) allow the Qualified Patient’s medicinal use of Cannabis;(B) serve as the Qualified Patient’s Designated Caregiver; and(C) control the acquisition of the Cannabis, the dosage, and the frequency of the medicinal use of Cannabis by the Qualified Patient.
(A) allow the Qualified Patient’s medicinal use of Cannabis;
(B) serve as the Qualified Patient’s Designated Caregiver; and
(C) control the acquisition of the Cannabis, the dosage, and the frequency of the medicinal use of Cannabis by the Qualified Patient.
(o) The OCR may deny an application or renewal of a Qualified Patient’s Medical Cannabis Patient Card only if the applicant:(1) did not provide the required information, fee, or materials;(2) previously had a Medical Cannabis Patient Card revoked; or(3) provided false information.
(1) did not provide the required information, fee, or materials;
(2) previously had a Medical Cannabis Patient Card revoked; or
(3) provided false information.
(p) The OCR may deny an application or renewal for a Designated Caregiver chosen by a Qualified Patient whose Medical Cannabis Patient Card was granted only if:(1) The Designated Caregiver does not meet the requirements of title 19, chapter 11, section 207 of the Virgin Islands Code;(2) The applicant did not provide the required information;(3) The Designated Caregiver previously had a Medical Cannabis Patient Card revoked; or(4) The applicant or the Designated Caregiver provided false information.
(1) The Designated Caregiver does not meet the requirements of title 19, chapter 11, section 207 of the Virgin Islands Code;
(2) The applicant did not provide the required information;
(3) The Designated Caregiver previously had a Medical Cannabis Patient Card revoked; or
(4) The applicant or the Designated Caregiver provided false information.
(q) The OCR shall give written notice to the Qualified Patient of the reason for denying the issuance of a Medical Cannabis Patient Card to the Qualified Patient or to the Qualified Patient’s Designated Caregiver.
(r) Denial of an application or renewal is considered a final OCR action, subject to an administrative appeal, as more fully described herein. Denial of the administrative appeal is subject to judicial review. Jurisdiction and venue for judicial review are vested in the Superior Court of the Virgin Islands.
(s) Until a Qualified Patient who has submitted an application and the required fee to the OCR receives a Medical Cannabis Patient Card or a rejection, an OCR stamped copy of the individual’s application and written certification, serves as proof that the application was submitted to the OCR and is considered a valid Medical Cannabis Patient Card for not more than 30 days or until the application is rejected, whichever is sooner.
(t) Until a Designated Caregiver whose Qualified Patient has submitted an application and the required fee receives Medical Cannabis Patient Card or a rejection, an OCR stamped copy of the Qualified Patient’s application and written certification, serves as proof that the application was submitted to the OCR and is considered a valid Medical Cannabis Patient Card for not more than 30 days or until the application is rejected, whichever is sooner.
(u) Written certifications issued within the previous year are considered Medical Cannabis Patient Cards for a Qualified Patient, for not less than 25 days after the OCR makes applications available for renewal.
(v) Written certifications issued within the previous year are considered a Designated Caregiver Medical Cannabis Patient Card for not less than 25 days after the OCR makes applications available for renewal if the following occurs:(1) A copy of a Qualified Patient’s valid written certification was issued within the previous year; and(2) A signed affidavit attesting that the person has significant responsibility for managing the well-being of the patient and that the person has been chosen to assist the Qualified Patient.
(1) A copy of a Qualified Patient’s valid written certification was issued within the previous year; and
(2) A signed affidavit attesting that the person has significant responsibility for managing the well-being of the patient and that the person has been chosen to assist the Qualified Patient.