(a) The OCR shall create and furnish forms for the application for a license and promulgate regulations governing the application, review, issuance, denial, and renewal of a license.
(b) In accordance with the provisions set forth in section 778, the OCR may issue the following licenses on the island of St. Thomas:(1) Up to seven Cannabis Dispensary Licenses; and(2) Up to 15 Cannabis Cultivation Licenses.
(1) Up to seven Cannabis Dispensary Licenses; and
(2) Up to 15 Cannabis Cultivation Licenses.
(c) In accordance with the provisions set forth in section 778, the OCR may issue the following Cannabis Licenses on the Island of St. John:(1) Up to three Cannabis Dispensary Licenses; and(2) Up to five Cannabis Cultivation Licenses.
(1) Up to three Cannabis Dispensary Licenses; and
(2) Up to five Cannabis Cultivation Licenses.
(d) In accordance with the provisions set forth in section 778, the OCR may issue the following Cannabis Licenses on the Island of St. Croix:(1) Up to seven Cannabis Dispensary Licenses; and(2) Up to 15 Cannabis Cultivation Licenses.
(1) Up to seven Cannabis Dispensary Licenses; and
(2) Up to 15 Cannabis Cultivation Licenses.
(e) A licensee that receives a Cannabis Dispensary License may also receive a Cannabis Cultivation License. The remaining Cannabis Cultivation Licenses authorized for issuance above must be issued to persons that do not possess a Cannabis Dispensary License. Notwithstanding this subsection, a Cannabis License is transferable in accordance with this chapter and there is no requirement that a Cannabis Dispensary Licensee must possess a Cannabis Cultivation License.
(f) The OCR may issue additional licenses after January 1, 2025, provided it has conducted a study demonstrating that demand for Cannabis Items in the Virgin Islands exceeds or is projected to exceed within 24 months the current supply of Cannabis Items being produced by all Cannabis Manufacturing Licensees, Cannabis Cultivation Licensees, and Micro-Cultivation Permittees, subject to the authorization of the Legislature and approval of the Governor.
(g) Merit-Based Application Process. The OCR shall issue licenses only pursuant to a formal Merit-Based Application Process, whereby Cannabis Licenses are awarded to persons with the highest application score for the specific license type and on the specific island being sought based on certain criteria set forth by the OCR.(1) The regulations governing a Merit-Based Application Process, including the process for scoring and points allocated, shall be adopted no later than 60 days prior to the application deadline. The criteria for scoring applications using the Merit-Based Application Process must include consideration of the following in a points-based system:(A) Past Virgin Islands taxes paid and evidence of compliant return filing and payment of taxes;(B) Experience of the applicant in operating a regulated business;(C) Whether an applicant has had a license suspended or revoked for operating a Cannabis Business;(D) Proposed odor filtration systems;(E) Criminal background;(F) Proposed security measures;(G) Proposed operating plans;(H) Proposed staff training plans;(I) Proposed Inventory Tracking and illicit diversion prevention plans;(J) Proposed community engagement and cooperation plans including evidence of support from community members;(K) Evidence of adequate capital and liquidity;(L) Evidence of charitable contributions or scholarships;(M) Evidence that the applicant is a female-operated entity and/or a service-disabled veteran-operated entity;(N) Evidence that the applicant, includes in its proposed ownership class, individuals who have been adversely impacted by the criminal justice system for activities that this chapter now declares legal, including, but not limited to individuals who are members of groups who have been subject to unjust targeting by the criminal justice system for sacramental activities that utilize Cannabis.(2) Other criteria subject to evaluation include establishing a system to evaluate competing applications for Adult Use Lounge Permit, such as:(A) an analysis of the geographical area in which the proposed Adult Use Lounge would operate, including with respect to information on criminal activity in the area;(B) the proximity of the proposed adult use lounge to any existing or prospective Cannabis Dispensaries;(C) the proximity of the proposed Adult Use Lounge to any school or religious institution, and(D) promotion and ensuring the safety and health of consumers.(3) The OCR shall review all applications submitted to a Merit-Based Application Process and publish a list of successful applicants, as well as the score for each applicant, no later than 90 days after the application deadline.(4) The OCR shall promulgate rules governing the requirements for a license application, which shall include, at a minimum:(A) Applicant’s fingerprints;(B) Personal history information concerning the applicant’s qualifications for a license based on forms prepared by the OCR, including at a minimum the name, all mailing addresses for the past 15 years, e-mail address, telephone number, and social security number of each proposed owner and Financial Interest Holder;(C) If the applicant for a license or Financial Interest is a business entity, the following:(i) If the applicant is a partnership, including a limited partnership, the name and percentage interest of each partner holding any interest in the partnership on both a current and on a fully diluted basis, the partnership agreement, and certification of residency for each partner;(ii) If the applicant is a limited liability company, the name and percentage interest each member holding any membership interest, the limited liability company agreement, the name of each officer, and certification of residency for each member, on both a current and on a fully diluted basis;(iii) If the applicant is a corporation, each owner of any of the corporation’s stock, the certificate of corporation, a copy of its articles of incorporation or organization, the name of each corporate officer, a list of all shareholders with a percentage of ownership, and certification of residency for each shareholder, on both a current and on a fully diluted basis;(iv) A list of all officers with day-to-day operational control over the business.(v) For each business entity, owner, and Financial Interest Holder of an applicant, all requested information concerning financial and controlling associations and interests of other persons associated with the business, and classes of stock or membership interests, on both a current and on a fully diluted basis;(D) Evidence that the applicant is qualified to do business in the Virgin Islands;(E) Supporting documentation to establish the following:(i) That the applicant, including each majority owner, meets the residency requirement in section 776(ww) including the dates when residency in the Virgin Islands began for each resident that has any ownership interest in the applicant;(ii) That all owners and Cannabis Business Representatives of the applicant are not less than 21 years of age; and(iii) That the applicant and its Cannabis Business Representatives do not have any Disqualifying Felony Offense as set forth in section 776(hh).(F) Identification of all civil litigation in the past 10 years and all criminal convictions in the person’s history for any owner, Financial Interest Holder, Cannabis Business Representative, executive officer, director, and Manager of the applicant;(G) A description of the corporate structure of the applicant, including any parent, intermediary, or subsidiary of the applicant, and whether any parent or subsidiary is publicly traded on a securities exchange and whether the person bears any relationship to the licensee on both a current and on a fully diluted basis;(H) A description of all outstanding securities, including a clear diagram with descriptions of corporate structure, capitalization, and ownership including voting rights, of the applicant and its holding company’s subsidiary and intermediary companies and a list of all holders thereto on both a current and on a fully diluted basis;(I) For each license applicant and Financial Interest Holder, documentation verifying and confirming the lawful source of funds used for the operation of the proposed business;(J) The address and a detailed diagram of the proposed Licensed Premises showing all areas of ingress, egress, placement of cameras, and boundaries of the premises;(K) Proof of possession of the proposed Licensed Premises by applicant;(L) A proposed emergency response plan;(M) An affidavit by each owner and Financial Interest Holder declaring, under penalty of perjury, that the information contained in its application is accurate, true and complete in all material aspects.(N) Federal employer identification number of the applicant;(O) Proof of application for a Virgin Islands business license;(P) Remittance of the required fees.
(1) The regulations governing a Merit-Based Application Process, including the process for scoring and points allocated, shall be adopted no later than 60 days prior to the application deadline. The criteria for scoring applications using the Merit-Based Application Process must include consideration of the following in a points-based system:(A) Past Virgin Islands taxes paid and evidence of compliant return filing and payment of taxes;(B) Experience of the applicant in operating a regulated business;(C) Whether an applicant has had a license suspended or revoked for operating a Cannabis Business;(D) Proposed odor filtration systems;(E) Criminal background;(F) Proposed security measures;(G) Proposed operating plans;(H) Proposed staff training plans;(I) Proposed Inventory Tracking and illicit diversion prevention plans;(J) Proposed community engagement and cooperation plans including evidence of support from community members;(K) Evidence of adequate capital and liquidity;(L) Evidence of charitable contributions or scholarships;(M) Evidence that the applicant is a female-operated entity and/or a service-disabled veteran-operated entity;(N) Evidence that the applicant, includes in its proposed ownership class, individuals who have been adversely impacted by the criminal justice system for activities that this chapter now declares legal, including, but not limited to individuals who are members of groups who have been subject to unjust targeting by the criminal justice system for sacramental activities that utilize Cannabis.
(A) Past Virgin Islands taxes paid and evidence of compliant return filing and payment of taxes;
(B) Experience of the applicant in operating a regulated business;
(C) Whether an applicant has had a license suspended or revoked for operating a Cannabis Business;
(D) Proposed odor filtration systems;
(E) Criminal background;
(F) Proposed security measures;
(G) Proposed operating plans;
(H) Proposed staff training plans;
(I) Proposed Inventory Tracking and illicit diversion prevention plans;
(J) Proposed community engagement and cooperation plans including evidence of support from community members;
(K) Evidence of adequate capital and liquidity;
(L) Evidence of charitable contributions or scholarships;
(M) Evidence that the applicant is a female-operated entity and/or a service-disabled veteran-operated entity;
(N) Evidence that the applicant, includes in its proposed ownership class, individuals who have been adversely impacted by the criminal justice system for activities that this chapter now declares legal, including, but not limited to individuals who are members of groups who have been subject to unjust targeting by the criminal justice system for sacramental activities that utilize Cannabis.
(2) Other criteria subject to evaluation include establishing a system to evaluate competing applications for Adult Use Lounge Permit, such as:(A) an analysis of the geographical area in which the proposed Adult Use Lounge would operate, including with respect to information on criminal activity in the area;(B) the proximity of the proposed adult use lounge to any existing or prospective Cannabis Dispensaries;(C) the proximity of the proposed Adult Use Lounge to any school or religious institution, and(D) promotion and ensuring the safety and health of consumers.
(A) an analysis of the geographical area in which the proposed Adult Use Lounge would operate, including with respect to information on criminal activity in the area;
(B) the proximity of the proposed adult use lounge to any existing or prospective Cannabis Dispensaries;
(C) the proximity of the proposed Adult Use Lounge to any school or religious institution, and
(D) promotion and ensuring the safety and health of consumers.
(3) The OCR shall review all applications submitted to a Merit-Based Application Process and publish a list of successful applicants, as well as the score for each applicant, no later than 90 days after the application deadline.
(4) The OCR shall promulgate rules governing the requirements for a license application, which shall include, at a minimum:(A) Applicant’s fingerprints;(B) Personal history information concerning the applicant’s qualifications for a license based on forms prepared by the OCR, including at a minimum the name, all mailing addresses for the past 15 years, e-mail address, telephone number, and social security number of each proposed owner and Financial Interest Holder;(C) If the applicant for a license or Financial Interest is a business entity, the following:(i) If the applicant is a partnership, including a limited partnership, the name and percentage interest of each partner holding any interest in the partnership on both a current and on a fully diluted basis, the partnership agreement, and certification of residency for each partner;(ii) If the applicant is a limited liability company, the name and percentage interest each member holding any membership interest, the limited liability company agreement, the name of each officer, and certification of residency for each member, on both a current and on a fully diluted basis;(iii) If the applicant is a corporation, each owner of any of the corporation’s stock, the certificate of corporation, a copy of its articles of incorporation or organization, the name of each corporate officer, a list of all shareholders with a percentage of ownership, and certification of residency for each shareholder, on both a current and on a fully diluted basis;(iv) A list of all officers with day-to-day operational control over the business.(v) For each business entity, owner, and Financial Interest Holder of an applicant, all requested information concerning financial and controlling associations and interests of other persons associated with the business, and classes of stock or membership interests, on both a current and on a fully diluted basis;(D) Evidence that the applicant is qualified to do business in the Virgin Islands;(E) Supporting documentation to establish the following:(i) That the applicant, including each majority owner, meets the residency requirement in section 776(ww) including the dates when residency in the Virgin Islands began for each resident that has any ownership interest in the applicant;(ii) That all owners and Cannabis Business Representatives of the applicant are not less than 21 years of age; and(iii) That the applicant and its Cannabis Business Representatives do not have any Disqualifying Felony Offense as set forth in section 776(hh).(F) Identification of all civil litigation in the past 10 years and all criminal convictions in the person’s history for any owner, Financial Interest Holder, Cannabis Business Representative, executive officer, director, and Manager of the applicant;(G) A description of the corporate structure of the applicant, including any parent, intermediary, or subsidiary of the applicant, and whether any parent or subsidiary is publicly traded on a securities exchange and whether the person bears any relationship to the licensee on both a current and on a fully diluted basis;(H) A description of all outstanding securities, including a clear diagram with descriptions of corporate structure, capitalization, and ownership including voting rights, of the applicant and its holding company’s subsidiary and intermediary companies and a list of all holders thereto on both a current and on a fully diluted basis;(I) For each license applicant and Financial Interest Holder, documentation verifying and confirming the lawful source of funds used for the operation of the proposed business;(J) The address and a detailed diagram of the proposed Licensed Premises showing all areas of ingress, egress, placement of cameras, and boundaries of the premises;(K) Proof of possession of the proposed Licensed Premises by applicant;(L) A proposed emergency response plan;(M) An affidavit by each owner and Financial Interest Holder declaring, under penalty of perjury, that the information contained in its application is accurate, true and complete in all material aspects.(N) Federal employer identification number of the applicant;(O) Proof of application for a Virgin Islands business license;(P) Remittance of the required fees.
(A) Applicant’s fingerprints;
(B) Personal history information concerning the applicant’s qualifications for a license based on forms prepared by the OCR, including at a minimum the name, all mailing addresses for the past 15 years, e-mail address, telephone number, and social security number of each proposed owner and Financial Interest Holder;
(C) If the applicant for a license or Financial Interest is a business entity, the following:(i) If the applicant is a partnership, including a limited partnership, the name and percentage interest of each partner holding any interest in the partnership on both a current and on a fully diluted basis, the partnership agreement, and certification of residency for each partner;(ii) If the applicant is a limited liability company, the name and percentage interest each member holding any membership interest, the limited liability company agreement, the name of each officer, and certification of residency for each member, on both a current and on a fully diluted basis;(iii) If the applicant is a corporation, each owner of any of the corporation’s stock, the certificate of corporation, a copy of its articles of incorporation or organization, the name of each corporate officer, a list of all shareholders with a percentage of ownership, and certification of residency for each shareholder, on both a current and on a fully diluted basis;(iv) A list of all officers with day-to-day operational control over the business.(v) For each business entity, owner, and Financial Interest Holder of an applicant, all requested information concerning financial and controlling associations and interests of other persons associated with the business, and classes of stock or membership interests, on both a current and on a fully diluted basis;
(i) If the applicant is a partnership, including a limited partnership, the name and percentage interest of each partner holding any interest in the partnership on both a current and on a fully diluted basis, the partnership agreement, and certification of residency for each partner;
(ii) If the applicant is a limited liability company, the name and percentage interest each member holding any membership interest, the limited liability company agreement, the name of each officer, and certification of residency for each member, on both a current and on a fully diluted basis;
(iii) If the applicant is a corporation, each owner of any of the corporation’s stock, the certificate of corporation, a copy of its articles of incorporation or organization, the name of each corporate officer, a list of all shareholders with a percentage of ownership, and certification of residency for each shareholder, on both a current and on a fully diluted basis;
(iv) A list of all officers with day-to-day operational control over the business.
(v) For each business entity, owner, and Financial Interest Holder of an applicant, all requested information concerning financial and controlling associations and interests of other persons associated with the business, and classes of stock or membership interests, on both a current and on a fully diluted basis;
(D) Evidence that the applicant is qualified to do business in the Virgin Islands;
(E) Supporting documentation to establish the following:(i) That the applicant, including each majority owner, meets the residency requirement in section 776(ww) including the dates when residency in the Virgin Islands began for each resident that has any ownership interest in the applicant;(ii) That all owners and Cannabis Business Representatives of the applicant are not less than 21 years of age; and(iii) That the applicant and its Cannabis Business Representatives do not have any Disqualifying Felony Offense as set forth in section 776(hh).
(i) That the applicant, including each majority owner, meets the residency requirement in section 776(ww) including the dates when residency in the Virgin Islands began for each resident that has any ownership interest in the applicant;
(ii) That all owners and Cannabis Business Representatives of the applicant are not less than 21 years of age; and
(iii) That the applicant and its Cannabis Business Representatives do not have any Disqualifying Felony Offense as set forth in section 776(hh).
(F) Identification of all civil litigation in the past 10 years and all criminal convictions in the person’s history for any owner, Financial Interest Holder, Cannabis Business Representative, executive officer, director, and Manager of the applicant;
(G) A description of the corporate structure of the applicant, including any parent, intermediary, or subsidiary of the applicant, and whether any parent or subsidiary is publicly traded on a securities exchange and whether the person bears any relationship to the licensee on both a current and on a fully diluted basis;
(H) A description of all outstanding securities, including a clear diagram with descriptions of corporate structure, capitalization, and ownership including voting rights, of the applicant and its holding company’s subsidiary and intermediary companies and a list of all holders thereto on both a current and on a fully diluted basis;
(I) For each license applicant and Financial Interest Holder, documentation verifying and confirming the lawful source of funds used for the operation of the proposed business;
(J) The address and a detailed diagram of the proposed Licensed Premises showing all areas of ingress, egress, placement of cameras, and boundaries of the premises;
(K) Proof of possession of the proposed Licensed Premises by applicant;
(L) A proposed emergency response plan;
(M) An affidavit by each owner and Financial Interest Holder declaring, under penalty of perjury, that the information contained in its application is accurate, true and complete in all material aspects.
(N) Federal employer identification number of the applicant;
(O) Proof of application for a Virgin Islands business license;
(P) Remittance of the required fees.