Title 19 — Health
55 chapters · 745 sections in this title.
19 V.I.C. § 591 Short title
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This chapter may be cited as the “Virgin Islands Controlled Substances Law”.
19 V.I.C. § 592 Findings and declarations
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The Legislature of the Virgin Islands hereby finds and declares that many of the drugs included within this chapter have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the people of the Virgin Islands; however, the illegal …
19 V.I.C. § 593 Definitions
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(1) As used in this chapter:(1) The term “addict” means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with refe…
19 V.I.C. § 594 Authority and criteria for classification of substances
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(a) The Commissioner shall apply the provisions of this chapter to the controlled substances listed in the schedules established by section 595 of this chapter and to any other drug or other substance added to such schedules under this chapter. Except as provided in subsections (…
19 V.I.C. § 595 Schedules of controlled substances
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(a) There are established five schedules of controlled substances, to be known as Schedules I, II, III, IV, and V. Such schedules shall initially consist of the substances listed in this section. The schedules established by this section shall be updated and republished on a semi…
19 V.I.C. § 596 Rules and regulations
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The Commissioner is authorized to promulgate rules and regulations and to charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances within the Virgin Islands.
19 V.I.C. § 597 Persons required to register
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(a) Every person who manufactures, distributes, or dispenses any controlled substance or who purposes to engage in the manufacture, distribution, or dispensing of any controlled substance, shall obtain annually a registration issued by the Commissioner in accordance with the rule…
19 V.I.C. § 598 Registration requirements
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(a) The Commissioner shall register an applicant to manufacture controlled substances in schedule I or II if he determines that such registration is consistent with the public interest. In determining the public interest, the following factors shall be considered:(1) maintenance …
19 V.I.C. § 599 Denial, revocation, or suspension of registration
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(a) A registration pursuant to section 598 to manufacture, distribute, or dispense a controlled substance may be suspended or revoked by the Commissioner upon finding that the registrant—(1) has materially falsified any application filed pursuant to or required by this chapter;(2…
19 V.I.C. § 600 Labeling and packaging requirements
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It shall be unlawful to distribute a controlled substance in a commercial container unless such container, when and as required by regulations of the Commissioner, bears a label (as defined in section 201(k) of the Federal Food, Drug, and Cosmetic Act) containing an identifying s…
19 V.I.C. § 601 Records and reports of registrants
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(a) Except as provided in subsection (c)—(1) every registrant under this chapter shall, on the effective date of this section, or as soon thereafter as such registrant first engages in the manufacture, distribution, or dispensing of controlled substances, and every second year th…
19 V.I.C. § 602 Order forms
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(a) It shall be unlawful for any person to distribute a controlled substance in schedule I or II to another except in pursuance of a written order of the person to whom such substance is distributed, made on a form to be issued by the Commissioner in blank in accordance with subs…
19 V.I.C. § 603 Prescriptions
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(a) Except when dispensed directly by a practitioner, other than a pharmacist, to an ultimate user, no controlled substance in schedule II, which is a prescription drug as determined under the Federal Food, Drug, and Cosmetic Act, may be dispensed without the written prescription…
19 V.I.C. § 603a Patient Opioid Notification
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(a) Prior to issuing the initial prescription of a Schedule II controlled substance or any other opioid pain reliever that is a prescription drug in a course of treatment for acute or chronic pain and again prior to issuing the second prescription in a course of treatment, a prac…
19 V.I.C. § 604 Prohibited acts A-penalties
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(a) Except as authorized by this chapter, it shall be unlawful for any person knowingly or intentionally—(1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or(2) to create, distribute, or dispense, …
19 V.I.C. § 605 Prohibited acts B-penalties
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(a) It shall be unlawful for any person—(1) who is subject to the requirements to distribute or dispense a controlled substance in violation of section 603;(2) who is a registrant to distribute or dispense a controlled substance not authorized by his registration to another regis…
19 V.I.C. § 606 Prohibited acts C-penalties
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(a) It shall be unlawful for any person knowingly or intentionally—(1) who is a registrant to distribute a controlled substance classified in schedule I or II, in the course of his legitimate business, except pursuant to an order or an order form as required by section 602 of thi…
19 V.I.C. § 607 Penalty for simple possession; conditional discharge and expunging of records for first offense
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(a) Except as provided in sections 607a, it shall be unlawful for any person knowingly or intentionally to possess a controlled substance or designer drugs unless such substance or designer drugs was obtained directly, or pursuant to a valid prescription or order, from a practiti…
19 V.I.C. § 607a Possession of marijuana
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(a) Definitions. For purposes of this chapter, the term—(1) “Marijuana” has the same meaning as provided in title 19 Virgin Islands Code section 593.(2) “Manufacture” has the same meaning as provided in section 593(18) of this title. (1) “Marijuana” has the same meaning as provid…
19 V.I.C. § 608 Distribution to persons under age eighteen
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(a) Any person who violates section 604(a)(1) of this chapter by distributing a controlled substance to a person under eighteen years of age is (except as provided in subsection (b) of this section) punishable by (1) a term of imprisonment and a fine equal to twice that authorize…
19 V.I.C. § 608a Use of a juvenile in drug distribution
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(a) Notwithstanding the provisions of section 604 of this title, any person, being at least 18 years of age, who knowingly uses, solicits, directs, hires, or employs a person 17 years of age or younger to violate any section of chapter 29 of this title, and is found to have viola…
19 V.I.C. § 608b Maintaining or operating controlled substance production facilities
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In addition to any other provision of law, any person who knowingly maintains or operates any premises, place, or facility used for the manufacture of methamphetamine, lysergic acid diethylamide, phencyclidine or any substance classified as a narcotic drug in Schedule I or II, or…
19 V.I.C. § 609 Attempt and conspiracy
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Any person who attempts or conspires to commit any offense defined in this chapter is punishable by imprisonment or fine or both which may not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
19 V.I.C. § 610 Additional penalties
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Any penalty imposed for violation of this chapter shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law.
19 V.I.C. § 611 Continuing criminal enterprise
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(a) (1) Any person who engages in a continuing criminal enterprise shall be sentenced to a term of imprisonment which may not be less than 10 years and which may be up to life imprisonment, to a fine of not more than $100,000, and to the forfeiture prescribed in paragraph (2); ex…
19 V.I.C. § 612 Dangerous special drug offender sentencing
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(a) Whenever the Attorney General or United States Attorney in the prosecution of a defendant in a court of the Virgin Islands for an alleged felonious violation of any provision of this chapter committed when the defendant was over the age of twenty-one years has reasons to beli…
19 V.I.C. § 612a Liability for drug-induced deaths
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(a) Notwithstanding any other provisions of law to the contrary, any person who manufactures, distributes, or dispenses methamphetamine, lysergic acid diethylamide, phencyclidine or any other controlled dangerous substance classified in section 595 of this title schedules I or II…
19 V.I.C. § 613 Information for sentencing
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Except as otherwise provided in this chapter, no limitation shall be placed on the information concerning the background, character, and conduct of a person convicted of an offense which a court of the United States may receive and consider for the purpose of imposing an appropri…
19 V.I.C. § 614 Proceedings to establish prior convictions
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(a) (1) No person who stands convicted of an offense under this chapter shall be sentenced to increased punishment by reason of one or more prior convictions, unless before trial, or before entry of a plea of guilty, the Attorney General or the United States Attorney files an inf…
19 V.I.C. § 614a Trafficking in certain controlled substances; mandatory sentences; suspension or reduction
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(a) Notwithstanding any other provision of law:(1) Any person who knowingly sells, manufactures, delivers, or brings into this Territory, or who is knowingly in actual or constructive possession of, in excess of 50 pounds of marijuana or synthetic marijuana is guilty of a felony …
19 V.I.C. § 614b Distribution of an imitation controlled substance to person under 18
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Any person who knowingly distributes an imitation controlled substance, as defined in section 593 of this chapter, to a person under 18 years of age or to a person who has been adjudged mentally incompetent is guilty of a misdemeanor and shall, if convicted, be subject to impriso…
19 V.I.C. § 615 Education and research programs of the Commissioner
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(a) The Commissioner is authorized to carry out educational and research programs directly related to enforcement of the laws under his jurisdiction concerning drugs or other substances which are or may be subject to control under this chapter. Such programs may include—(1) educa…
19 V.I.C. § 616 Cooperative arrangements
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(a) The Attorney General shall cooperate with Virgin Islands, State, and Federal agencies concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, he is authorized to—(1) arrange for the exchange of information between govern…
19 V.I.C. § 617 Administrative hearings
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(a) In carrying out his functions under this chapter, the Commissioner may hold hearings, sign and issue subpoenas, administer oaths, examine witnesses, and receive evidence at any place in the Virgin Islands. (b) Except as otherwise provided in this chapter, notice shall be give…
19 V.I.C. § 618 Subpoenas
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(a) In any investigation relating to his functions under this chapter with respect to controlled substances, the Commissioner may subpoena witnesses, compel the attendance and testimony of witnesses, and require the production of any records (including books, papers, documents, a…
19 V.I.C. § 619 Judicial review
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All final determinations, findings, and conclusions of the Commissioner under this chapter shall be final and conclusive decisions of the matters involved, except that any person aggrieved by a final decision of the Commissioner may obtain review of the decision in the District C…
19 V.I.C. § 620 Powers of enforcement personnel
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(1) Any officer or employee of the U.S. Virgin Islands Police Department (V.I.P.D.) or Departments of Justice or Health designated by the Attorney General may—(1) carry firearms;(2) execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas,…
19 V.I.C. § 621 Search warrants
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(a) A search warrant relating to offenses involving controlled substances may be served at any time of the day or night if the judge issuing the warrant is satisfied that there is probable cause to believe that grounds exist for the warrant and for its service at such time. (b) A…
19 V.I.C. § 622 Administrative inspections and warrants
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(a) As used in this section, the term “controlled premises” means—(1) places where original and other records or documents required under this title are kept or required to be kept, and(2) places, including factories, warehouses, or other establishments, and conveyances, where pe…
19 V.I.C. § 623 Forfeitures
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(a) The following shall be subject to forfeiture to the Government of the Virgin Islands and no property right shall exist in them:(1) All controlled substances which have been manufactured, distributed, dispensed, or acquired in violation of this chapter.(2) All raw materials, p…
19 V.I.C. § 624 Injunctions
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(a) The District Court of the Virgin Islands shall have jurisdiction in proceedings in accordance with the Federal Rules of Civil Procedure to enjoin violations of this title. (b) In case of an alleged violation of an injunction or restraining order issued under this section, tri…
19 V.I.C. § 625 Enforcement proceedings
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Before any violation of this chapter is reported by the Commissioner to the United States Attorney or the Attorney General for institution of a criminal proceeding, the Commissioner may require that the person against whom such proceeding is contemplated be given appropriate noti…
19 V.I.C. § 626 Immunity and privilege
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(a) Whenever a witness refuses, on the basis of his privilege against self-incrimination, to testify or provide other information in a proceeding before a Court of the Virgin Islands, involving a violation of this chapter, and the person presiding over the proceeding communicates…
19 V.I.C. § 627 Burden of proof; liabilities
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(a) (1) It shall not be necessary for the Government of the Virgin Islands to negative any exemption or exception set forth in this chapter in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this chapter, and the burde…
19 V.I.C. § 628 Procedures
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(a) The Commissioner may delegate any of his functions under this chapter to any officer or employee of the Department of Health. (b) The Commissioner may promulgate and enforce any rules, regulations, and procedures which he may deem necessary and appropriate for the efficient e…
19 V.I.C. § 629 Payment of rewards
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The Attorney General is authorized to pay from funds appropriated for purposes of this section, any person for information concerning a violation of this chapter, such sum or sums of money as he may deem appropriate without reference to any monies or rewards to which such person …
19 V.I.C. § 630 Use, possession, sale, manufacture, distribution, delivery, purchase and advertisement of drug paraphernalia
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(a) It shall be unlawful for any person, firm or corporation to use, or possess with intent to use, drug paraphernalia for one or more purposes stated in section 593, paragraph (15) of this chapter. Violation of this subsection is a misdemeanor punishable by imprisonment of not m…
19 V.I.C. § 630a Sale and possession of hypodermic syringes and hypodermic needles; possession of certain other instruments
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(a) It shall be unlawful for any person to sell or furnish to any person or persons other than a duly licensed physician, dentist, veterinarian, undertaker, nurse, podiatrist, or a registered pharmacy or drug store, hospital, sanitarium, clinical laboratory or other medical insti…
19 V.I.C. § 631 Severability
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If a provision of this chapter is held invalid, all valid provisions that are severable shall remain in effect. If a provision of this chapter is held invalid in one or more of its applications, the provision shall remain in effect in all its valid applications that are severable…
19 V.I.C. § 635 Short title
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This subchapter may be cited as the “Virgin Islands Prescription Drug Monitoring Program Act”.