Micro-Cultivation Permit

19 V.I.C. § 796 — under The Virgin Islands Cannabis Use Act.

19 V.I.C. § 796

(a) A Micro-Cultivation Permittee may cultivate, cure, process, and store Cannabis and sell, transfer, and transport Cannabis to Cannabis Licensees.

(b) A Micro-Cultivation Permit shall be issued only to farmers licensed with the Department of Agriculture and the Department of Licensing and Consumer Affairs, but at no time shall Micro-Cultivation of Cannabis occur on land leased by the Government of the Virgin Islands.

(c) An individual shall not possess more than one Micro-Cultivation Permit and no more than one Micro-Cultivation Permit may be issued for a single address.

(d) A Micro-Cultivation Permittee must be at least 21 years of age.

(e) A Micro-Cultivation Permittee may not cultivate Cannabis Plants for commercial use outside of its designated Micro-Cultivation Site. A Micro-Cultivation Permittee may sell only Cannabis that was harvested from Cannabis Plants cultivated within its Micro-Cultivation Site and in accordance with all applicable laws and regulations.

(f) A Micro-Cultivation Permittee may not hold an interest in any other Cannabis Business License. An Owner of a Cannabis Business License may not hold a Micro-Cultivation Permit.

(g) A Micro-Cultivation Permittee shall cultivate no more than 50 Flowering Cannabis Plants and no more than 200 Immature Cannabis Plants at a single time. The Cannabis Plants cultivated pursuant to a Micro-Cultivation Permit shall be for commercial-use only and shall be physically separated from any Cannabis Plants cultivated for medicinal personal use by a Qualified Patient or Designated Caregiver or for Sacramental Use.

(h) A Micro-Cultivation Permittee may not consume any of the Cannabis cultivated pursuant to a Micro-Cultivation Permit.(1) Notwithstanding the above, a Micro-Cultivation Permittee can use seeds or clones produced by Cannabis Plants cultivated for personal use by a Qualified Patient or Designated Caregiver or Sacramental User to propagate Cannabis Plants for commercial use.

(1) Notwithstanding the above, a Micro-Cultivation Permittee can use seeds or clones produced by Cannabis Plants cultivated for personal use by a Qualified Patient or Designated Caregiver or Sacramental User to propagate Cannabis Plants for commercial use.

(i) A Micro-Cultivation Permit may not be possessed by an individual who:(1) Has a Disqualifying Felony Offense; or(2) Has been convicted of selling Cannabis to a person other than a Cannabis Cultivation Licensee while in possession of a Micro-Cultivation Permit.

(1) Has a Disqualifying Felony Offense; or

(2) Has been convicted of selling Cannabis to a person other than a Cannabis Cultivation Licensee while in possession of a Micro-Cultivation Permit.

(j) As part of its books and records, a Micro-Cultivation Permittee shall track all Cannabis cultivated for commercial use pursuant to its Micro-Cultivation Permit from seed or immature plant through sale to a Licensee. The records must include the total number of Flowering Cannabis Plants and Immature Cannabis Plants, the harvest date of Flowering Cannabis Plants, and any other record keeping requirements as determined by the OCR, necessary to prevent diversion and protect public safety, but does not make operations unreasonably impracticable for a Micro-Cultivation Permittee.

(k) A Micro-Cultivation Permittee shall cultivate Cannabis only in an enclosed and locked space, which may be outdoors and does not need a roof. The OCR may impose additional security requirements upon Micro-Cultivation Permittees that are necessary to prevent diversion and protect public safety but does not make it unreasonably impracticable to operate a Micro-Cultivation Permit.

(l) A Micro-Cultivation Permittee may not cultivate Cannabis less than 15 feet of a property line.

(m) A Micro-Cultivation Permittee may transport Cannabis in accordance with rules established by the OCR. The rules shall include but are not limited to, requirements for storage, documentation, and contacting the OCR or other governmental authority prior to commencing transportation.

(n) The OCR shall consider the feasibility, demand, and public safety concerns for Micro-Cultivation Permits to be authorized to produce edible and topical Cannabis products. Notwithstanding any other law, rule, or regulation, a Micro-Cultivation Permittee may not manufacture Cannabis Concentrates using solvents or in a manner that poses harm to others.

(o) The OCR may consider the feasibility and demand for Micro-Cultivation Permits authorized to cultivate up to 100 Flowering Cannabis Plants in non-residential areas.