(a) Notwithstanding any other law or regulation, a person in possession of a valid Adult Use Lounge Permit; Cannabis Use Permit or Temporary Cannabis Use Permit may undertake the restricted consumption of Cannabis Items in an on-site Designated Consumption Area licensed and authorized by the OCR, provided the use conforms to this chapter and any rules adopted thereto.
(b) The consumption of Cannabis Items within a Designated Consumption Area in accordance with this chapter are not grounds for suspension, revocation, non-renewal, or any other disciplinary action against any overlapping license or permit validly issued pursuant to the Virgin Islands Code.
(c) Notwithstanding any other law to the contrary, it is lawful to operate, or to consume or use Cannabis in or within, an Adult Use Lounge provided that:(1) The Adult Use Lounge has received a permit from the OCR;(2) No person under the age of 21 years old is permitted to enter, or remain in or upon, an Adult Use Lounge; and(3) Except as provided in subsection (d), no sale of Cannabis, Cannabis products, or Cannabis accessories in or within the adult use lounge is permitted.
(1) The Adult Use Lounge has received a permit from the OCR;
(2) No person under the age of 21 years old is permitted to enter, or remain in or upon, an Adult Use Lounge; and
(3) Except as provided in subsection (d), no sale of Cannabis, Cannabis products, or Cannabis accessories in or within the adult use lounge is permitted.
(d) Notwithstanding any other provision of this section, an Adult Use Lounge may be owned and operated by a Cannabis Dispensary Licensee and may be located adjacent to the premises of a Cannabis Dispensary; provided that the Adult Use Lounge is separated from the Cannabis Dispensary as per rules promulgated by the OCR.
(e) An Adult Use Lounge Permittee, a Cannabis Use Permittee, or a Temporary Cannabis Use Permittee may not sell, transfer, or distribute Cannabis Items within its premises. Similarly, a Cannabis Use Permittee shall take reasonable measures to prevent the unauthorized sale or transfer of Cannabis for remuneration by others in and around its premises; unless the sale or transfers is a delivery made pursuant to a Cannabis Dispensary License.
(f) The consumption of Cannabis Items pursuant to an Adult Use Lounge Permit, Cannabis Use Permit, or Temporary Cannabis Use Permit is permitted in the Designated Consumption Area, subject to any operational or other restrictions on Cannabis consumption placed upon the use Permits pursuant to this chapter and rules adopted thereto.
(g) At all times when the consumption of Cannabis Items is permitted within a Designated Consumption Area, the permittee shall possess and maintain possession of the premises by ownership, lease, rental, or other arrangement for possession of the Designated Consumption Area; or the permittee has permission to use the premises to allow Cannabis consumption from a person who is the lawful owner of the property where the Designated Consumption Area is located.
(h) The consumption of Cannabis Items by smoking must occur in accordance with the Virgin Islands Smoke-Free Act. Vaporizing Cannabis Items is not smoking for the purposes of this chapter or The Virgin Islands Smoke-Free Act.
(i) An individual is not permitted within the Designated Consumption Area unless the Cannabis Use Permittee confirms that the individual is over 21 years of age.
(j) Designated Consumption Areas must be clearly marked with conspicuous signage measuring not less than 40 square inches in size that includes the statement “CANNABIS CONSUMPTION AREA - ACCESS RESTRICTED” in all uppercase letters not less than one inch high.
(k) The permittee shall ensure that the consumption of inhaled Cannabis Items occurring at the street level is not visible from a public right-of-way or a place where minors may be present. The permittee shall make reasonable accommodations to ensure that persons immediately outside of a designated consumption area are not subject to Cannabis odor caused by Cannabis consumption occurring within a Designated Consumption Area.
(l) Adult Use Lounge Permittees, Cannabis Use Permittees, and Temporary Cannabis Use Permittees are subject to the same advertising restrictions as Cannabis Business Licensees.
(m) An Adult Use Lounge Permittee, Cannabis Use Permittee, or Temporary Cannabis Use Permittee may not locate a Licensed Premises within 250 feet of a school or house of worship.(1) An Adult Use Lounge Permittee, Cannabis Use Permittee, or Temporary Cannabis Use Permittee is not required to relocate if its premises were not located within 250 feet of a school or house of worship on the date the permittee filed its application for licensure or change of location to its current address.(2) The OCR shall promulgate rules for Adult Use Lounge Permits, Cannabis Use Permits, or Temporary Cannabis Use Permits 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. The OCR can waive or reduce the distance requirements in this section for Use Permits located in the Charlotte Amalie, Christiansted, and Frederiksted Historic Districts and the town of Cruz Bay.(3) An Adult Use Lounge Permittee, Cannabis Use Permittee, or Temporary Cannabis Use Permittee may not be located within 250 feet of any cruise ship dock in Charlotte Amalie, Havensight or Crown Bay, in St. Thomas and less than 500 feet of the primary cruise ship dock in Frederiksted and less than 500 feet of cruise line tender pier in Cruz Bay on the date the Permittee filed its application for licensure or change of location to its current address.
(1) An Adult Use Lounge Permittee, Cannabis Use Permittee, or Temporary Cannabis Use Permittee is not required to relocate if its premises were not located within 250 feet of a school or house of worship on the date the permittee filed its application for licensure or change of location to its current address.
(2) The OCR shall promulgate rules for Adult Use Lounge Permits, Cannabis Use Permits, or Temporary Cannabis Use Permits 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. The OCR can waive or reduce the distance requirements in this section for Use Permits located in the Charlotte Amalie, Christiansted, and Frederiksted Historic Districts and the town of Cruz Bay.
(3) An Adult Use Lounge Permittee, Cannabis Use Permittee, or Temporary Cannabis Use Permittee may not be located within 250 feet of any cruise ship dock in Charlotte Amalie, Havensight or Crown Bay, in St. Thomas and less than 500 feet of the primary cruise ship dock in Frederiksted and less than 500 feet of cruise line tender pier in Cruz Bay on the date the Permittee filed its application for licensure or change of location to its current address.
(n) A Designated Consumption Area does not require specific zoning permits and are permitted in any zone lot where the underlying business or event is permitted.