Cannabis Manufacturing License

19 V.I.C. § 793 — under The Virgin Islands Cannabis Use Act.

19 V.I.C. § 793

(a) The OCR shall authorize a Cannabis Manufacturing Licensee to purchase Cannabis from Cannabis Cultivation Licensees, Cannabis Dispensary Licensees, Cannabis Research and Development Licensees, and/or Micro-Cultivation Permittees within the Territory; manufacture, process, internally test, package, and label Cannabis Concentrates and Cannabis Products; store, sell, purchase, receive, transfer, and transport Cannabis Items to and from other Cannabis Licensees in accordance with the limitations in this chapter and regulations promulgated by the OCR.

(b) A Cannabis Manufacturing Licensee may not locate a Licensed Premises within 250 feet of a school or house of worship.(1) A Cannabis Manufacturing Licensee is not required to relocate if its premises are within 250 feet of a school or house of worship on the date the Cannabis Manufacturing Licensee filed its application for licensure or change of location to its current address.(2) The OCR may adopt rules for Cannabis Manufacturing Licenses located in the Charlotte Amalie, Christiansted, and Frederiksted Historic Districts and the town of Cruz Bay that impose additional requirements on licensees, such as security, odor control, and community engagement. If such rules are adopted, the OCR can waive or reduce the distance requirements in this section for Cannabis Manufacturing Licenses located in the Charlotte Amalie, Christiansted, and Frederiksted Historic Districts and the town of Cruz Bay.

(1) A Cannabis Manufacturing Licensee is not required to relocate if its premises are within 250 feet of a school or house of worship on the date the Cannabis Manufacturing Licensee filed its application for licensure or change of location to its current address.

(2) The OCR may adopt rules for Cannabis Manufacturing Licenses located in the Charlotte Amalie, Christiansted, and Frederiksted Historic Districts and the town of Cruz Bay that impose additional requirements on licensees, such as security, odor control, and community engagement. If such rules are adopted, the OCR can waive or reduce the distance requirements in this section for Cannabis Manufacturing Licenses located in the Charlotte Amalie, Christiansted, and Frederiksted Historic Districts and the town of Cruz Bay.

(c) A Cannabis Manufacturing License may not be within 250 feet of the perimeter of any cruise ship-bearing dock or pier in the Territory.

(d) The manufacturing of Cannabis Concentrates and Cannabis Products shall be conducted only in strict accordance with all rules promulgated by the OCR, which shall include but need not be limited to facility requirements, solvent purity, and food-handling.

(e) A Cannabis Manufacturing Licensee may not intentionally or knowingly manufacture, or design a Cannabis Product that has an appearance, label, or package that would cause a reasonable consumer confusion as to whether the Cannabis Product is a trademarked food product.

(f) Edible Cannabis Products must not contain more than 100 milligrams of THC per unit of sale.

(g) Edible Cannabis Products shall be separated or easily separable into single servings, with no more than 10 milligrams of THC in a single serving.

(h) A Cannabis Manufacturing Licensee shall package and label all Cannabis Concentrates and Cannabis Products, including accurate potency information, in accordance with this chapter and all rules promulgated hereto.

(i) A Cannabis Manufacturing Licensee must purchase or acquire a portion of its Cannabis from Micro-Cultivation Permittees.(1) The OCR shall, at its discretion, set this percentage between 10% and 25% of all Cannabis purchased or acquired by a Cannabis Manufacturing Licensee.(2) The OCR shall determine the sourcing requirement based on factors that include, but need not be limited to, the projected demand for Cannabis Items in the Virgin Islands and projected amount of Cannabis produced by Licensees and Micro-Cultivation Permittees.

(1) The OCR shall, at its discretion, set this percentage between 10% and 25% of all Cannabis purchased or acquired by a Cannabis Manufacturing Licensee.

(2) The OCR shall determine the sourcing requirement based on factors that include, but need not be limited to, the projected demand for Cannabis Items in the Virgin Islands and projected amount of Cannabis produced by Licensees and Micro-Cultivation Permittees.

(j) Notwithstanding anything to the contrary in this chapter or the rules, Cannabis Manufacturing Licensees are required to source not less than 70% of the Cannabis used for its production from Unaffiliated Third Parties. Any actual or attempted structuring or configuration of a transaction, including through use of intermediaries or agents, for the purpose of circumventing or attempting to circumvent the requirements of this provision by obtaining or attempting to obtain Cannabis from sources other than Unaffiliated Third Parties in excess of the amount or percentage permitted, constitutes a violation of this provision and are grounds for suspension or revocation of a license and/or the imposition of a fine on the licensee, in the discretion of the OCR.

(k) The OCR may suspend or amend the Unaffiliated Third-Party sourcing requirement and/or Micro-Cultivation sourcing requirement if it finds that there will be insufficient or inferior production by Licensees and Micro-Cultivation Permittees for Cannabis Manufacturing Licensees to meet the established percentage requirement, with the authorization of the Legislature and approval of the Governor.