U.S. Virgin Islands Gov. Albert Bryan Jr. recently called out to residents with cannabis convictions to contact the government to determine if those convictions are eligible for expungement.

The territory’s cannabis law, Act No. 8679, dictates that any cannabis convictions be automatically expunged if it involves an individual in possession of two ounces of cannabis or less. “This initiative reflects the Governor’s commitment to justice and fairness in applying the law, especially in light of recent changes that have made the expungement process more complex than initially intended,” the governor’s most recent notice stated. “However, to ensure full compliance and address any potential gaps in data received from the Judicial Branch of the Virgin Islands, Governor Bryan requests individuals impacted by this law to proactively contact Government House.”

Special Advisor Positive Nelson will manage the effort to expand expungement services by leading a designated task force, which includes “…representatives from the office of the Virgin Islands Attorney General, the Office of the Territorial Public Defender, Legal Services of the Virgin Islands, the Virgin Islands Bar Association, and the Virgin Islands Justice Institute.”

The brief notice also stated that moving forward with the requirements of Act. No. 8679 “…represents a significant step toward rectifying past inequities in the criminal justice system. The Governor’s Office encourages all eligible individuals to come forward and take advantage of this opportunity for a fresh start.”

Previously, the U.S. Virgin Islands government has been quiet on its progress regarding expungement. An article published by The Virgin Daily News last week stated that the government was supposed to issue the first “auto-expungement report” by Nov. 18, or 10 months after the passage of the cannabis act, but no updates had been provided regarding the progress of the initiative. Likewise, no announcements had been made regarding pardons by Bryan.

Former Sen. Janelle Sarauw, a co-sponsor of the bill, told The Virgin Daily News he’s disappointed in the lack of progress. “I think it’s a travesty that the equity piece hasn’t even been addressed,” Sarauw said. “That was the intent of having the companion legislation to ensure that those who have been disenfranchised or locked up for cannabis can have a fair shot at life. And it’s just, it’s appalling that nothing has been done.” 

The local news outlet claims it has repeatedly reached out to the government for updates, but was provided with little information. In September, Justice Department spokesperson Sandra Goomansingh responded to The Virgin Daily News’s requests, but only said that “your questions have been directed to the OCR so a comment should be forthcoming.” The law states that $250,000 has been earmarked to support an expungement program, but it appears that the funds have not yet been spent.

Earlier in November, The Virgin Daily News reached out to the U.S. Virgin Islands Office of Cannabis Regulation (OCR) Director Hannah Carty, who estimated that the territory’s cannabis program would begin in January 2024, alongside the “Cannabis Registry system.” “The OCR is summarizing the information and will present the next steps at the next Board meeting,” Carty told the outlet. “The Board is scheduling a meeting in the next two weeks, pending member availability.”

Currently, the Cannabis Advisory Board has room for a total of 11 representatives, but Bryan has only appointed four people so far.

The U.S. Virgin Islands legalized adult-use cannabis when Bryan signed The Virgin Islands Cannabis Use Act in January 2023. “We are bringing the opportunities to you, but you must also do your part to seize these opportunities,” Bryan said earlier this year. “It is my goal to make sure many of us who have been negatively impacted by the criminalization of cannabis are afforded every opportunity to participate in this new and legal cannabis industry.”

At the time, he also explained that people with cannabis convictions should take action themselves in order to expedite expungement. “However, the best way to ensure the expungement of your records for marijuana related convictions and any other eligible convictions is to file a petition with the Court seeking that expungement,” Bryan said during the January legalization announcement. “Don’t wait for the opportunities to come to you, go out and grab them.”

In September 2023, the Virgin Islands Department of Licensing and Consumer Affairs announced that the board officially released its draft rules to cover both medical and recreational cannabis regulation. This prompted an invitation for public comment, which lasted until Oct. 10.

The cannabis law allows adults 21 and older to possess up to two ounces of cannabis, half an ounce of concentrates, or one ounce of products like edibles to be used recreationally, or for sacramental purposes. Additionally, medical cannabis patients may possess up to four ounces of cannabis, one ounce of concentrates, and two ounces of cannabis products.

The law also allows cannabis cultivation for sacramental use, but only for those who apply and are approved for a permit.

Cannabis sales will include a 18% tax on recreational products, and 3/4 of the revenue will go toward a general fund that provides 15% to behavioral health programs, 5% to support homelessness efforts, and 5% for youth-related programs.

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A 32-year-old woman was recently put in prison for possession of CBD in Hong Kong. According to a report from Agence France-Presse (AFP), she has become the first person to receive a criminal conviction for CBD since Hong Kong officially banned it earlier this year. Now it’s illegal to possess, consume, or sell CBD products, and is categorized the same as substances like heroin, cocaine, and methamphetamine.

The woman carried two CBD products when going through customs on March 29 when she was traveling from the U.S. to Hong Kong. According to the report, she also carried 2.2 grams of ketamine and 10 “syringes,” although it was not specified if they were empty or contained a specific substance.

On July 7, the woman was sentenced to two months in prison for two counts of drug possession and one count for the syringes. A Hong Kong customs official stated that her conviction “reflects the seriousness of the offence and serves as a clear warning to the general public.”

Hong Kong’s current law states that offenders caught with CBD can receive up to seven years in prison, with fines up to HK$1 million (approximately US$128,000). Those who are caught importing, exporting, or manufacturing CBD receive harsher punishments. One of the main reasons that authorities say led to the ban was because CBD can potentially be converted to THC.

China banned CBD in topical or cosmetic products back in 2021, and Hong Kong followed suit earlier this year in February. “Starting from February 1, cannabidiol, aka CBD, will be regarded as a dangerous drug and will be supervised and managed by the Dangerous Drugs Ordinance,” a customs intelligence officer stated. “As of then, transporting CBD for sale, including import and export, as well as producing, possessing and consuming CBD, will be illegal.”

Chan Kai-ho, a divisional commander with the department’s Airport Command, added in a statement that they plan to do whatever it takes to enforce the law. “We will tackle all kinds of dangerous drugs from all angles and all ends, and the intelligence-led enforcement action is our major goal,” Chan said.

Since then, officials have stated that within the first three months of its CBD ban they had already arrested six people, although up until now no one has gone to prison for a CBD conviction. Officials also stated that they had seized 852 CBD products within that time frame, which were described with a value of around $16,600 and were all taken from people entering Hong Kong.

Back in September 2020, Hong Kong first CBD café, called Found, opened and offered a wide variety of CBD-based products, such as CBD oil, powders to be used in food, butters, pet products, infused beer, and coffee. However, it announced in August 2022 that it would be closing down due to the incoming ban. “Sadly, in spite of the demonstrable positive impact, it has now become apparent that the Hong Kong government intends to adopt new legislation to prohibit the sale and possession of CBD,” Found wrote on its Instagram page. “While we do not know exactly when it will take effect, it is expected to happen sometime around the end of 2022 or early 2023. With this, we have had to make the difficult decision to close the Found café at the end of September.”

In May, a large amount of cocaine and cannabis, valued at HK$650 million (US$83 million), was seized by Hong Kong police. Labeled as the biggest seizure of the year, “The cannabis flower buds seized this time were stored among frozen fish,” explained Chief Inspector Charm Yiu-kwong. “We believe the drug cartel used this method … in an attempt to cover up the odor of marijuana with the frozen fish’s pungent smell.” According to Hong Kong law, a maximum sentence for drug trafficking can lead to life in prison.

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