Confusion on Cannabis Use in the Virgin Islands

While the Virgin Islands Cannabis Use Act (Act 8680) authorizes possession and consumption of marijuana, the sale of cannabis remains illegal until the Office of Cannabis Regulation, the regulatory agency in charge of the law’s roll out, finalizes its rules regarding commercial transactions. That step remains about a year away.

“Barring any unforeseen, extraordinary circumstances,” said Attorney Kye Walker, the governor’s legal adviser on The Adult Cannabis Use Act. “I believe that you should be able to see a sale within a year.”

On December 30th, during the final hours of the 34th Legislature, the Senate passed the Virgin Islands Adult Use Cannabis Act, which authorizes the cultivation, manufacture, sale and use of marijuana in the islands. Governor Albert Bryan, Jr. signed the measure into law under Act 8680 on January 18, 2023.

Lawmakers sought to dispel any misperceptions regarding the law during a hearing conducted by the Senate’s Committee on Economic Development and Agriculture (CEDA) on March 8th. Senator Donna A. Frett-Gregory said “a lot of misunderstanding” still surrounds the legality of marijuana within the Virgin Islands.

Hannah V. Carty, the executive director of the OCR, noted that her office published a press release in January to educate the general public about the status of the VI Cannabis Use Act, but Sen. Frett-Gregory, along with multiple Senators, called this mode of education insufficient.

“I am severely, to be honest, disappointed that it's a press release with the type of magnitude that this piece of legislation has had on this community and the miscommunication,” said Senator Alma Francis Heyliger, a committee member. “I think we as a government should have done a much better job in really pushing whether it was little, 30-second television ad, radio spot, stuff on social media, to really get the information out as a press release is not going to do it. So I'm looking forward to a much better rollout.”

Senator Javan E. James, Sr, the chairman of the CEDA, echoed the concerns of his colleagues and reasoned that misunderstandings about the law may lead to unnecessary incarcerations in the future, which contradicts the intent of the law.

Senator Franklin D. Johnson insisted that the key agencies begin to disseminate educational materials immediately to clear up any confusion within the community.

“The people in the community in this Territory once they heard that the governor signed this into law, have the perception that they can smoke freely,” said Senator Franklin D. Johnson. “And we cannot mislead our people.”

Attorney Walker reiterated that activities such as consuming cannabis in a public place and operating motor vehicles while under the influence of cannabis still remain illegal.

Carty stressed that legal cannabis sales have not begun, but did note that she received a first 150-page draft of the proposed regulations just prior to the CEDA hearing held on March 8th. She said she expects that the OCR will complete an initial document within 60 days. From there, OCR plans to publish the document on its web-site for feedback for 30 days, following which, the agency will make additional amendments.

Until that time, testifiers advised that adult consumers brush up on the provisions stipulated in Act 8680, which can be found here.