(a) The OCR may authorize a Cannabis Dispensary Licensee to purchase Cannabis Items from Licensees or Micro-Cultivation Permittees; internally test, package and label Cannabis Items; store, sell, purchase, transfer, and transport Cannabis Items to and from other Licensees; and sell, transfer, and deliver Cannabis Items in accordance with the limitations in this chapter and rules promulgated by the OCR. Notwithstanding anything to the contrary in this chapter, or the rules, Cannabis Dispensaries are required to source not less than 70% of the Cannabis used for retail sales from Unaffiliated Third Parties subject to OCR approved exclusions provided for herein. 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 is grounds for suspension or revocation of a license and/or the imposition of a fine on the licensee, in the discretion of the OCR. A Cannabis Dispensary Licensee may sell Cannabis Items to Qualified Patients, Designated Caregivers, or the parent or legal guardian of a Qualified Patient, and adult users over the age of 21.(1) The OCR shall promulgate rules concerning what types of identification is permissible for a Cannabis Dispensary to confirm an individual’s age.(2) A Cannabis Dispensary shall engage in reasonable measures to confirm that all individuals it sells Cannabis Items to are either a Qualified Patient, Designated Caregiver, or the parent or legal guardian of a Qualified Patient, or adult user over the age of 21.(3) A Qualified Patient, Designated Caregiver or, adult user over 21 years of age is required to provide a Cannabis Dispensary a valid form of identification that is acceptable pursuant to regulations adopted by the OCR.(4) A Cannabis Dispensary must also confirm an individual’s residency prior to completing the sale of Cannabis Items to ensure compliance with the purchase limits set forth in this chapter.
(1) The OCR shall promulgate rules concerning what types of identification is permissible for a Cannabis Dispensary to confirm an individual’s age.
(2) A Cannabis Dispensary shall engage in reasonable measures to confirm that all individuals it sells Cannabis Items to are either a Qualified Patient, Designated Caregiver, or the parent or legal guardian of a Qualified Patient, or adult user over the age of 21.
(3) A Qualified Patient, Designated Caregiver or, adult user over 21 years of age is required to provide a Cannabis Dispensary a valid form of identification that is acceptable pursuant to regulations adopted by the OCR.
(4) A Cannabis Dispensary must also confirm an individual’s residency prior to completing the sale of Cannabis Items to ensure compliance with the purchase limits set forth in this chapter.
(b) A Cannabis Dispensary must ensure that all Cannabis purchased or acquired from a Cannabis Cultivation Licensee or Micro-Cultivation Permittee has been tested in accordance with the quality assurance program.
(c) Nothing in this chapter prohibits a Cannabis Dispensary from refusing to sell Cannabis Items to any person.
(d) A Cannabis Dispensary shall display or sell Cannabis Items only within its designated Restricted Access Area, unless the sale is conducted in accordance with regulations governing the delivery of Cannabis Items to Qualified Patients promulgated by the OCR. Only owners, Cannabis Business Representatives, Consultants, Qualified Patients, Designated Caregiver, Adult Users, OCR Enforcement Personnel, and other law enforcement officers on official business are permitted in a Restricted Access Area.
(e) The OCR shall establish by regulation the hours of operation of and access to a Cannabis Dispensary.
(f) A Cannabis Dispensary may not permit any individual under 21 years of age to enter its Restricted Access Area.
(g) A Cannabis Dispensary may not sell Cannabis Items to anyone under 21 years of age. All sales of Cannabis Items intended for Qualified Patients under 21 years of age shall be made to the Qualified Patient’s parent, legal guardian, or Designated Caregiver.
(h) A Cannabis Dispensary Licensee may not locate a Licensed Premises within 250 feet of a school or house of worship.(1) A Cannabis Dispensary Licensee is not required to relocate if its premises was not located within 250 feet of a school or house of worship on the date the Cannabis Dispensary Licensee filed its application for licensure or change of location to its current address.(2) The OCR shall adopt rules for Cannabis Dispensary Licensee located in the Charlotte Amalie, Christiansted, and Frederiksted Historic Districts, and the town of Cruz Bay that impose requirements, such as security, odor control, and community engagement. Cannabis Dispensary Licenses located in the Charlotte Amalie, Christiansted, and Frederiksted Historic Districts and the town of Cruz Bay are exempt from distance requirements in this section.
(1) A Cannabis Dispensary Licensee is not required to relocate if its premises was not located within 250 feet of a school or house of worship on the date the Cannabis Dispensary Licensee filed its application for licensure or change of location to its current address.
(2) The OCR shall adopt rules for Cannabis Dispensary Licensee located in the Charlotte Amalie, Christiansted, and Frederiksted Historic Districts, and the town of Cruz Bay that impose requirements, such as security, odor control, and community engagement. Cannabis Dispensary Licenses located in the Charlotte Amalie, Christiansted, and Frederiksted Historic Districts and the town of Cruz Bay are exempt from distance requirements in this section.
(i) A Cannabis Dispensary License may not be located within 250 feet of the perimeter of any cruise ship-bearing dock or pier in the Territory.
(j) On a daily basis a Cannabis Dispensary may not sell more than:(1) Fourteen grams of Cannabis, three grams of Cannabis Concentrate, and 500 milligrams of Cannabis Products to a non-resident, as defined in this section as an individual who has resided in the Virgin Islands for less than 45 days.(2) One ounce of Cannabis, 10 grams of Cannabis Concentrate, and 2,000 milligrams of Cannabis Products to a resident defined in this section as an individual who has resided in the Virgin Islands for 45 days or more.
(1) Fourteen grams of Cannabis, three grams of Cannabis Concentrate, and 500 milligrams of Cannabis Products to a non-resident, as defined in this section as an individual who has resided in the Virgin Islands for less than 45 days.
(2) One ounce of Cannabis, 10 grams of Cannabis Concentrate, and 2,000 milligrams of Cannabis Products to a resident defined in this section as an individual who has resided in the Virgin Islands for 45 days or more.
(k) A Cannabis Dispensary may not intentionally or knowingly sell Cannabis that will be resold or transported out of the Territory.
(l) Prior to completing the sale of an Edible Cannabis Product, the Cannabis Business Representative that completes the sale must inform the purchaser: “A standard serving of edible Cannabis is 10 milligrams of THC, though many consumers prefer five milligrams or less. Please review the product labeling to ensure you consume only your desired amount. The effects of edible Cannabis can take two or more hours to take effect.”
(m) A Cannabis Dispensary may deliver Cannabis Items to Qualified Patients and Qualified Caregivers, in accordance with regulations adopted by the OCR.
(n) The OCR shall implement a responsible vendor training program that for employees working at a Cannabis Dispensary Licensee’s business must attend, prior to any employee’s first day of work.
(o) A Cannabis Dispensary Licensee must purchase or acquire a portion of its Cannabis from Micro-Cultivation Permittees.(1) The OCR shall, at its discretion, set this percentage at between 10% and 25% of all Cannabis purchased or acquired by a Cannabis Dispensary Licensee.(2) The OCR shall determine the sourcing requirement based on factors that include, but need not be limited to, the projected demand of Cannabis Items in the Virgin Islands, testing passage rates of Micro-Cultivation Permittees and projected amount of Cannabis produced by Cannabis Licensees and Micro-Cultivation Permittees.(3) The OCR may suspend or amend the Micro-Cultivation sourcing requirement if it finds that there will be insufficient or inferior production by Micro-Cultivation Permittees for Cannabis Dispensary Licensees to meet the established percentage requirement.
(1) The OCR shall, at its discretion, set this percentage at between 10% and 25% of all Cannabis purchased or acquired by a Cannabis Dispensary Licensee.
(2) The OCR shall determine the sourcing requirement based on factors that include, but need not be limited to, the projected demand of Cannabis Items in the Virgin Islands, testing passage rates of Micro-Cultivation Permittees and projected amount of Cannabis produced by Cannabis Licensees and Micro-Cultivation Permittees.
(3) The OCR may suspend or amend the Micro-Cultivation sourcing requirement if it finds that there will be insufficient or inferior production by Micro-Cultivation Permittees for Cannabis Dispensary Licensees to meet the established percentage requirement.