(a) The OCR shall establish an Inventory Tracking System to remotely monitor and track all Cannabis from the acquisition of seeds or clones through sale or delivery of a finished product to the consumer.(1) The system must provide for real-time access by the OCR, licensees, permittees, and law enforcement personnel, to the extent that they are authorized to receive or submit the information to comply with, enforce, or administer this chapter.(2) The Inventory Tracking System utilized by the OCR shall support interoperability with third-party software applications, including seed-to-sale tracking systems, and allow all licensee-facing system activities to be performed through a secure application programming interface (“API”) or comparable technology, which is well documented, bi-directional, and accessible to any third-party application that has been validated and has appropriate credentials. The API or comparable technology must have version control and provide adequate notice of updates to third-party applications. The system must provide a test environment for third-party applications to access, which mirrors the production environment.
(1) The system must provide for real-time access by the OCR, licensees, permittees, and law enforcement personnel, to the extent that they are authorized to receive or submit the information to comply with, enforce, or administer this chapter.
(2) The Inventory Tracking System utilized by the OCR shall support interoperability with third-party software applications, including seed-to-sale tracking systems, and allow all licensee-facing system activities to be performed through a secure application programming interface (“API”) or comparable technology, which is well documented, bi-directional, and accessible to any third-party application that has been validated and has appropriate credentials. The API or comparable technology must have version control and provide adequate notice of updates to third-party applications. The system must provide a test environment for third-party applications to access, which mirrors the production environment.
(b) licensees or permittees may be permitted to transport Cannabis between Licensed Premises, provided the transportation is conducted in accordance with rules promulgated by the OCR.
(c) An individual who performs work on behalf of a licensee or permittee must qualify as an owner, Cannabis Business Representative, Consultant, or Contractor.(1) A licensee or permittee shall not hire anyone to work or engage anyone to perform services who is under the age of 21.(2) A Cannabis Business Representative must be a resident of the Virgin Islands on the date of hire or engagement and for the duration of the performance of work on behalf of the licensee or permittee and pursuant to the applicable residency requirement, whether an owner, employee, or agent.(3) A consultant may not spend more than 90 days per annum within the Licensed Premises of the Cannabis Businesses unless the consultant has received a waiver from the OCR, which must be approved if the Cannabis Business can demonstrate commercial necessity.(4) A licensee shall conduct a criminal background check on all Cannabis Business Representatives and consultants prior to the date of hire or engagement.(5) A licensee may not permit individuals whose criminal history includes a conviction for a Disqualifying Felony Offense, or a Crime of Violence for which the sentence has not been discharged within the preceding five years, to act as a Cannabis Business Representative or Consultant.(6) A licensee and permittee shall maintain a current list of all Cannabis Business Representatives and Consultants at its Licensed Premises.(7) A licensee and permittee shall maintain documentation evidencing that all Cannabis Business Representatives and/or consultants were over the age of 21 upon the date of hire or engagement, have had an annual criminal background check for every year since the date of hire or engagement, and meets all applicable residency requirements.(8) A licensee and permittee shall maintain documentation evidencing a written policy that requires all Cannabis Business Representatives and Consultants to sign an attestation to disclose all criminal convictions.(9) Aside from customers, any individuals entering a Licensed Premises that is not an owner, Cannabis Business Representative, OCR Enforcement Officer, Law Enforcement Officer on official business, Consultant or Contractor of a Cannabis Licensee shall be admitted only as a visitor and subject to the rules promulgated by the OCR that shall include, but need not be limited to, age requirements, monitoring requirements, and visitor identification badge requirements. All visitors must be at least 21 years of age. Visitors may include contractors engaged for the purposes of service, repair, or maintenance.
(1) A licensee or permittee shall not hire anyone to work or engage anyone to perform services who is under the age of 21.
(2) A Cannabis Business Representative must be a resident of the Virgin Islands on the date of hire or engagement and for the duration of the performance of work on behalf of the licensee or permittee and pursuant to the applicable residency requirement, whether an owner, employee, or agent.
(3) A consultant may not spend more than 90 days per annum within the Licensed Premises of the Cannabis Businesses unless the consultant has received a waiver from the OCR, which must be approved if the Cannabis Business can demonstrate commercial necessity.
(4) A licensee shall conduct a criminal background check on all Cannabis Business Representatives and consultants prior to the date of hire or engagement.
(5) A licensee may not permit individuals whose criminal history includes a conviction for a Disqualifying Felony Offense, or a Crime of Violence for which the sentence has not been discharged within the preceding five years, to act as a Cannabis Business Representative or Consultant.
(6) A licensee and permittee shall maintain a current list of all Cannabis Business Representatives and Consultants at its Licensed Premises.
(7) A licensee and permittee shall maintain documentation evidencing that all Cannabis Business Representatives and/or consultants were over the age of 21 upon the date of hire or engagement, have had an annual criminal background check for every year since the date of hire or engagement, and meets all applicable residency requirements.
(8) A licensee and permittee shall maintain documentation evidencing a written policy that requires all Cannabis Business Representatives and Consultants to sign an attestation to disclose all criminal convictions.
(9) Aside from customers, any individuals entering a Licensed Premises that is not an owner, Cannabis Business Representative, OCR Enforcement Officer, Law Enforcement Officer on official business, Consultant or Contractor of a Cannabis Licensee shall be admitted only as a visitor and subject to the rules promulgated by the OCR that shall include, but need not be limited to, age requirements, monitoring requirements, and visitor identification badge requirements. All visitors must be at least 21 years of age. Visitors may include contractors engaged for the purposes of service, repair, or maintenance.
(d) All licensees shall develop and implement an on-site training curriculum or enter into contractual relationships with outside resources capable of meeting Cannabis Business Representative training needs. Training shall include but not be limited to professional conduct, ethics, and territorial and federal laws regarding patient confidentiality; informational developments in the field of medicinal use of Cannabis; the proper use of security measures and controls that have been adopted; and specific procedural instructions for responding to an emergency, including robbery or violent accident.
(e) Licensees and permittees shall secure its Licensed Premises in accordance with the rules promulgated by the OCR, which must include but need not be limited to standards for lighting, physical security, video surveillance, alarm systems, and waste disposal.
(f) Licensees may not advertise in a manner that has a high likelihood of reaching minors in violation of regulations promulgated by the OCR that must include but are not limited to restrictions on:(1) Mass media advertising on television, radio, and the internet;(2) Outdoor advertising; and(3) Event sponsorship, except with the express approval of the OCR.
(1) Mass media advertising on television, radio, and the internet;
(2) Outdoor advertising; and
(3) Event sponsorship, except with the express approval of the OCR.
(g) The consumption of Cannabis Items is not permitted upon the Licensed Premises of a licensee unless duly authorized by an appropriate permit.(1) A licensee may permit the use of Cannabis Items by Qualified Patients in an alternate location subject to an Adult Use Lounge Permit, Cannabis Use Permit or Cannabis Temporary Use Permit.(2) Cannabis Cultivation Licensee that has been issued an Onsite Consumption Permit may permit the consumption of Cannabis Items within its Licensed Premises in a Designated Consumption area and in accordance with all requirements of its permit.
(1) A licensee may permit the use of Cannabis Items by Qualified Patients in an alternate location subject to an Adult Use Lounge Permit, Cannabis Use Permit or Cannabis Temporary Use Permit.
(2) Cannabis Cultivation Licensee that has been issued an Onsite Consumption Permit may permit the consumption of Cannabis Items within its Licensed Premises in a Designated Consumption area and in accordance with all requirements of its permit.
(h) A Cannabis Licensee may not sell any Cannabis Items, nor transfer from one Licensed Premises to another, without having had completed all mandatory quality assurance tests.
(i) A licensee may not sell any Cannabis Items, nor transfer from one Licensed Premises to another, without having paid all required taxes.
(j) A licensee shall only cultivate, cure, process, store, manufacture, display and sell Cannabis Items within its Licensed Premises, unless a sale is conducted in accordance with rules governing the delivery of Cannabis Items.
(k) A licensee shall ensure its facility is kept, and operations conducted, in a sanitary manner and in accordance with regulations promulgated by the OCR designed to reduce the potential for contamination during cultivation, manufacturing, transporting, and dispensing.
(l) The OCR shall establish a Cannabis quality assurance program. The quality assurance program must, at a minimum, establish standards for the safety and potency of Cannabis Items prior to sale at a Cannabis Dispensary.(1) The quality assurance program shall require Cannabis Items to be submitted for contaminant and potency testing.(2) The quality assurance program shall establish permissible levels of contaminants for Cannabis Items and require the destruction of products deemed unsafe for human consumption due to impermissible levels of contaminants.(3) The quality assurance program shall establish standards and procedures for the potency testing of Cannabis Items to ensure the labeling of potency information is accurate and within a defined acceptable variance.
(1) The quality assurance program shall require Cannabis Items to be submitted for contaminant and potency testing.
(2) The quality assurance program shall establish permissible levels of contaminants for Cannabis Items and require the destruction of products deemed unsafe for human consumption due to impermissible levels of contaminants.
(3) The quality assurance program shall establish standards and procedures for the potency testing of Cannabis Items to ensure the labeling of potency information is accurate and within a defined acceptable variance.
(m) An individual who holds a Financial Interest in a licensee is prohibited from holding a Micro-Cultivation Permit.