Title 19 — Health
55 chapters · 745 sections in this title.
19 V.I.C. § 774a Short title
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This act may be cited as “The Virgin Islands Cannabis Use Act”.
19 V.I.C. § 775 Purpose
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This chapter establishes a regulated system for the cultivation, manufacture, and sale of Cannabis for adult, medicinal, and sacramental use. By establishing a regulated system, these provisions provide oversight of the cannabis industry to protect public safety, improve public h…
19 V.I.C. § 776 Definitions
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(a) As used in this chapter, the following words, terms, and phrases have the following meaning:(a) “Advertising” or “Advertisement” means the act of providing consideration for the publication, dissemination, solicitation, or circulation of visual, oral, or written communication…
19 V.I.C. § 777 Office of Cannabis Regulation
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(a) There is created, the Office of Cannabis Regulation (“OCR”), as part of the Department of Licensing and Consumer Affairs, with the executive authority to implement this chapter and administer the provisions including, but not limited to, rulemaking authority. The OCR shall ex…
19 V.I.C. § 778 Licenses and permits
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(a) The OCR may issue the following types of licenses and permits, which entitles the holder of the license or permit to all the privileges and impose all the restrictions on the holder of license or permit as set forth in this chapter and any rules adopted thereto:(1) Cannabis C…
19 V.I.C. § 779 Qualified patients
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(a) A Qualified Patient is entitled to all the protections and rights set forth in this chapter. (b) Possession limits for Qualified Patients:(1) Four ounces of Cannabis;(2) One ounce of Cannabis Concentrate; and(3) Two ounces of Cannabis Products. (1) Four ounces of Cannabis; (2…
19 V.I.C. § 780 Medical Cannabis Certification Forms, Medical Cannabis Registry, Medical Cannabis Patient Cards
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(a) The OCR shall create and publish a Medical Cannabis Registry Form for practitioners to certify that an individual has a Qualifying Medical Condition and would benefit from access to the medicinal use of Cannabis. The Department of Health shall provide advice and guidance on t…
19 V.I.C. § 781 Verification system
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(a) The OCR shall maintain a confidential list of the persons to whom the OCR has issued Medical Cannabis Patient Cards and their addresses, phone numbers, and registry identification numbers. This confidential list may not be combined or linked in any manner with any other list …
19 V.I.C. § 782 Notifications to OCR and responses
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(a) The following notifications and OCR responses are required:(1) A registered Qualified Patient shall notify the OCR of any change of name or address, or if the registered Qualified Patient ceases to have a debilitating medical condition, not later than 10 days after the change…
19 V.I.C. § 783 Qualified Patient’s Bill of Rights
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(a) Activities related to medicinal use Cannabis are unlawful unless they are conducted in accordance with this chapter. (b) In accordance with the rights and limitations set forth in this chapter, a Qualified Patient, Designated Caregiver, or the parent or legal guardian of a Qu…
19 V.I.C. § 784 Affirmative defenses and dismissal for medicinal use of cannabis
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(a) Except as otherwise provided herein, a qualified patient may assert the medicinal purpose for using Cannabis as a defense to any prosecution involving Cannabis, and the defense is presumed valid where the evidence shows that:(1) A practitioner has stated that, in the practiti…
19 V.I.C. § 785 Possession limits for adult users
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(a) An adult over the age of 21 may possess up to:(a) Two ounces of Cannabis;(b) Fourteen grams of Cannabis Concentrate; and(c) One ounce of Cannabis Products. (a) Two ounces of Cannabis; (b) Fourteen grams of Cannabis Concentrate; and (c) One ounce of Cannabis Products.
19 V.I.C. § 786 Application requirements and ownership restrictions
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(a) Ownership; Minimum Requirements for Cannabis License:(1) An applicant for a Cannabis License must be composed of owners, principals, or members, each of whom is 21 years of age or older and meets the suitability requirements set forth in this chapter.(2) Only owners may contr…
19 V.I.C. § 787 License application process
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(a) The OCR shall create and furnish forms for the application for a license and promulgate regulations governing the application, review, issuance, denial, and renewal of a license. (b) In accordance with the provisions set forth in section 778, the OCR may issue the following l…
19 V.I.C. § 788 Permit application process
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(a) The OCR shall create and furnish forms for the application for a permit and promulgate regulations governing the application, review, issuance, denial, and renewal of a permit. (b) The OCR shall only issue a permit to an applicant that meets the minimum criteria contained in …
19 V.I.C. § 789 Renewals
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(a) The OCR shall create and furnish forms for the renewal of an existing license or permit and create rules governing procedures for the renewal of an existing license or permit. (b) Ninety days prior to the expiration date of an existing License or Permit, the OCR shall notify …
19 V.I.C. § 790 Other applications to the OCR
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(a) A licensee or permittee may not make changes to its location, ownership, or Licensed Premises, without approval from the OCR. (b) Change in Ownership.(1) A licensee or permittee may not undergo any change in ownership, whether adding or removing owners or adjusting equity amo…
19 V.I.C. § 791 Requirements for all license types
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(a) The OCR shall establish an Inventory Tracking System to remotely monitor and track all Cannabis from the acquisition of seeds or clones through sale or delivery of a finished product to the consumer.(1) The system must provide for real-time access by the OCR, licensees, permi…
19 V.I.C. § 792 Cannabis Cultivation License
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(a) The OCR may authorize a Cannabis Cultivation Licensee to purchase Cannabis Items from Cannabis Research and Development Licensees, other Cannabis Cultivation Licensees or Micro-Cultivation Permittees; cultivate, cure, process, internally-test, store, package, and label Cannab…
19 V.I.C. § 793 Cannabis Manufacturing License
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(a) The OCR shall authorize a Cannabis Manufacturing Licensee to purchase Cannabis from Cannabis Cultivation Licensees, Cannabis Dispensary Licensees, Cannabis Research and Development Licensees, and/or Micro-Cultivation Permittees within the Territory; manufacture, process, inte…
19 V.I.C. § 794 Cannabis Dispensaries
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(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 se…
19 V.I.C. § 795 Cannabis Research and Development License
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(a) The OCR shall authorize a Cannabis Research Development Licensee to purchase Cannabis Items from Cannabis Licensees or Micro-Cultivation Permittees; internally test, package and label Cannabis Items; store, sell, purchase, transfer, and transport Cannabis Items between sites …
19 V.I.C. § 796 Micro-Cultivation Permit
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(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 Li…
19 V.I.C. § 797 Adult Use Lounge Permit; Cannabis Use Permit; Temporary Cannabis Use Permit
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(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 autho…
19 V.I.C. § 798 Sacramental Usage
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(a) It is not unlawful for persons over age 21 who are members of an organized religion or faith in the sincere exercise of their religion to possess, use, cultivate or consume Cannabis or Cannabis Items as part of their religious or sacramental rituals provided:(1) The religious…
19 V.I.C. § 799 Social equity plan
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(a) The OCR shall create, develop, and implement a social equity plan that gives additional points during the Merit-Based Application Process to license applicants and Third-Party Vendors who are included in the following groups or combinations thereof:(1) applicants whose owners…
19 V.I.C. § 800 Promotion of Cannabis Research and Development
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(a) The Board may collaborate with University of the Virgin Islands to promote the research and development within the Virgin Islands of Cannabis and related products and technology. The Board shall work cooperatively with research programs established by the University of the Vi…
19 V.I.C. § 800a Cannabis Fund
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(a) There is created within the Treasury of the Virgin Islands a special fund to be known as the “Cannabis Fund”. All funds collected by the OCR must be deposited into the Cannabis Fund. The Legislature shall appropriate funds from the Cannabis Fund for the following purposes:(1)…
19 V.I.C. § 800b Taxes
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(a) A Cannabis Dispensary shall levy a tax of no less than 18% on all sales of Cannabis, except that Qualified Patients who are residents of the Territory and who validly possess a Medical Cannabis Patient Card issued by the OCR are exempt from this tax.(1) Seventy-five percent o…
19 V.I.C. § 800c Fees
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(a) The OCR shall promulgate rules establishing reasonable fees for applications, as well as annual fees and renewal fees, and other fees as necessary in furtherance of the operation of the OCR. The revenue from all fees must be deposited in the Cannabis Fund. (b) Application fee…
19 V.I.C. § 800d Inspection Procedures
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(a) Each licensee and permittee shall keep a complete set of all records necessary to show all business transactions of the licensee or permittee, all of which must be open for the inspection and examination by the OCR or its duly authorized representatives. The OCR may require a…
19 V.I.C. § 800e Suspension, Revocations, and Fines
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(a) In addition to any other sanctions prescribed by this chapter or rules promulgated pursuant to this chapter, the OCR has the power, on its own motion or on complaint, after investigation and opportunity for a public hearing at which the licensee or permittee shall be afforded…
19 V.I.C. § 800f Unlawful Acts and Violations
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(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 …
19 V.I.C. § 800g Limitations
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(a) This chapter does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, the following conduct:(1) Undertaking any task under the influence of Cannabis, when doing so would constitute negligence o…
19 V.I.C. § 800h Addition to Qualifying Medical Conditions
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Any resident of the Virgin Islands who has resided in the Virgin Islands for 45 days or more, may petition the OCR to add serious medical conditions or their treatments to the list of debilitating Qualifying Medical Conditions listed herein or established by regulations. The peti…
19 V.I.C. § 800i Severability
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Any section of this chapter held invalid as to any person or circumstance does not affect the application of any other section of this chapter that can be given full effect without the invalid section or application.