Unlawful Acts and Violations

19 V.I.C. § 800f — under The Virgin Islands Cannabis Use Act.

19 V.I.C. § 800f

(a) It is unlawful for any person to engage in any form of business or commerce involving the cultivation, processing, manufacturing, storage, sale, distribution, or consumption of Cannabis other than those forms of businesses and commerce that are expressly contemplated by this chapter.

(b) It is unlawful for a licensee or permittee to buy, sell, transfer, give away, or acquire Cannabis except as allowed pursuant to this chapter.

(c) A Qualified Patient who willfully fails to provide a notice required by section 782 is civilly liable for the infraction, subject to a fine of not more than $100.

(d) In addition to any other penalty applicable in law, a Cannabis Business that intentionally sells or otherwise transfers Cannabis in exchange for anything of value to a person other than a Qualified Patient, Designated Caregiver or adult user over the age of 21 may be subject to a fine of not more than $3,000. A person convicted under this subsection may not continue to be affiliated with the Cannabis Business and is disqualified from further participation under this chapter.

(e) In addition to any other penalty applicable in law, a Qualified Patient, Designated Caregiver or Sacramental User who intentionally sells or otherwise transfers Cannabis to any person, or to a legally licensed Cannabis Business or its agent is guilty of a misdemeanor punishable by imprisonment for not more than one year or by payment of a fine of not more than $1,000, or both, and may have their authorization to cultivate suspended or revoked by the OCR.

(f) A person who intentionally makes a false statement to a law enforcement official about any fact or circumstance relating to the use of Cannabis to avoid arrest or prosecution is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or by payment of a fine of not more than $1,000, or both. This penalty is in addition to any other penalties that may apply for making a false statement or for the possession, cultivation, or sale of Cannabis not protected by this chapter.

(g) A person who knowingly submits false records or documentation required by the OCR to certify a Cannabis Business under this chapter is guilty of a felony and may be sentenced to imprisonment for not more than two years or by payment of a fine of not more than $3,000, or both.

(h) A practitioner who knowingly refers patients to a Cannabis Business establishment or to a Designated Caregiver, who advertises in a Cannabis Business, or who issues written certifications while holding a Financial Interest in a Cannabis Business shall be fined up to $1,000.

(i) It is unlawful for a practitioner who recommends the use of Cannabis, provides Qualified Patients with Medical Cannabis Certification Forms, or refers patients to Cannabis Dispensaries to receive anything of value from a Cannabis Licensee or its agents, servants, officers, or owners or anyone financially interested in the licensee and it is unlawful for a licensee to offer anything of value to a practitioner for the same. Any practitioner or licensee who violates this subsection shall be fined $1,000.

(j) It is a misdemeanor punishable by not more than 180 days in jail and a $1,000 fine for any person, including any employee or official of the OCR or another territorial agency, to breach the confidentiality of information obtained pursuant to this chapter.

(k) A Cannabis Business shall be fined up to $1,000 for any violation of this chapter, or the regulations issued pursuant to this chapter where no penalty has been specified. This penalty is in addition to any other penalties applicable in law. Further, the OCR will have the authority to require a person convicted for unlawful acts pursuant to this section to become unaffiliated with the relevant Cannabis Business and disqualify that person from further participation under this chapter.

(l) It is an independent violation of this chapter and grounds for an independent enforcement action or imposition of other disciplinary measures, in the discretion of the OCR, for any person or licensee to attempt to avoid or circumvent any of the requirements or limitations contained in this chapter.