The stalled marijuana law in the US Virgin Islands gained momentum on Tuesday as an advisory board approved a comprehensive set of proposed rules and regulations governing the recreational use of cannabis across the territory.
The pivotal vote by the advisory board marks a crucial stride toward actualizing a law sanctioned over a year ago, paving the way for recreational marijuana use across the three islands.
The approval triggers a forthcoming 30-day public comment period on the proposed regulations and rules.
Expunging criminal records
In addition to delineating regulatory frameworks, the board is finalizing a roster of individuals deemed eligible for the expungement of criminal records related to simple cannabis possession, as authorized by the law.
This list will be disseminated to legislators, the island’s Supreme Court, and other pertinent stakeholders in the weeks ahead.
Some 300 people in the US Virgin Islands have been convicted of simple marijuana possession in the past 20 years.
Streamlining access
Efforts are also underway to establish a comprehensive registration system, aimed at facilitating access for individuals employing cannabis for medicinal or sacramental purposes.
According to Hannah Carty, Executive Director of the board, this system is slated for launch by April.
Navigating regulatory terrain
Navigating the intricate regulatory landscape, religious and faith organizations will be required to pay a biennial registration fee of $200, while medical practitioners will incur a charge of $250.
Business prospects and regulatory timelines
Business entities eyeing participation in the burgeoning cannabis market can anticipate registration opportunities by June or July, with the government recently concluding a request-for-proposal process for seed-to-sale operations.
However, licenses pertaining to cultivation and manufacturing are unlikely to be issued before year-end.
Legislative background
Although the US territory had previously sanctioned marijuana for medicinal purposes in 2019, progress on recreational legalization, greenlit in January 2023, had encountered hurdles, including ambiguities in the bill’s language and a dearth of members in the cannabis advisory board to constitute a quorum.
Regulatory framework and taxation
Under the enacted law, individuals aged 21 and above are permitted possession of up to two ounces of marijuana, alongside specified quantities of cannabis concentrate and related products.
Notably, medical marijuana patients enjoy expanded possession limits.
Taxation dynamics
A minimum 18 per cent tax will apply to all dispensary sales, although medical marijuana patients are exempt. Three-fourths of the tax revenue is expected to go to the general fund.
Of that amount, 15 per cent is earmarked for behavioural health programs, five per cent to address homelessness and five per cent for youth programs.
Patient identification
In response to inquiries about identification protocols for marijuana patients, digital IDs accessible via smartphones or printable formats will be issued, ensuring streamlined compliance.
The US Virgin Islands joins a growing cohort of Caribbean territories relaxing marijuana laws.
Recent measures in Antigua, Jamaica, and ongoing debates in the Bahamas underscore a broader regional shift towards more permissive regulatory frameworks.
