The United States has seen immense progress surrounding recreational cannabis reform over recent years, and while a number of countries across the globe are currently working to catch up, so too are U.S. territories like the Virgin Islands.

The Virgin Islands are located in the Caribbean and consist of main islands Saint Croix, Saint John, and Saint Thomas, along with more than 50 other minor islands. The islands legalized medical cannabis back in 2019, and cannabis possession of up to an ounce has been decriminalized. While lawmakers technically approved recreational legalization in January 2023, the actual implementation of the program has stalled until now.

On Tuesday, a Virgin Islands advisory board finally pushed the legalization law forward after approving a list of proposed rules and regulations surrounding the recreational use and access of cannabis in the region, Associated Press reports. A 30-day public comment period on the proposed regulations is set to begin soon.

The Virgin Islands Recreational Cannabis Regulations Finally Move Forward

“We have been waiting a very long time for this,” advisory board chairperson Dr. Catherine Kean said in response to the recent development.

The law approved in January 2023 allows adults over 21 to possess up to two ounces of cannabis, a half-ounce of cannabis concentrates and one ounce of edible and consumable products. Medical cannabis patients enjoy larger limits and can legally possess up to four ounces of cannabis, one ounce of cannabis concentrates and two ounces of consumable products.

There will also be an 18% tax applied to all recreational dispensary sales, though medical patients are exempt from paying the tax. The current plan deems that 75% of the tax revenue will go toward the general fund. Of that 75%, 15% will go toward behavioral health programs, 5% toward homelessness and 5% for youth programs.

Righting the Wrongs of the Past: Virgin Islands and Criminal Expungement

In line with similar policies implemented by states with recreational cannabis laws, the Virgin Islands have also worked criminal expungements into its regulations. Currently, the board is finalizing a list of people who are qualified to have their cannabis-related criminal records expunged under the territory’s legalization policy.According to board member Positive Nelson, the list will be shared with legislators and the Islands’ Supreme Court in the coming weeks.

Over the past 20 years, approximately 300 people have been convicted of simple cannabis possession, AP reports.

Upon the initial approval of the Virgin Islands’ recreational cannabis law last January, Gov. Albert Bryan Jr. highlighted the importance of righting the wrongs of the past as it pertains to cannabis criminalization.

“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,” he said.

Laying the Foundation for a New Industry

The law also recognizes the cultural and sacramental uses of cannabis, on top of recreational use. The board is completing a registration system for those using cannabis for medicinal or sacramental purposes to usher in cannabis access by April, according to the board’s executive director Hannah Carty.

Faith organizations will be required to pay $200 every two years to register, while medical practitioners will be charged $250, according to officials.

As far as retail is concerned, businesses will be able to register by June or July, and the government also recently completed a request-for-proposal process for seed-to-sale operations, according to Carty. Though she noted that cultivation and manufacturing licenses likely won’t be granted until at least 2025, highlighting that “a lot of things are not within our control.”

While it appears that the already lengthy wait to finally launch the Virgin Islands’ recreational cannabis program may be just a bit longer, the recent push represents a more clear road forward.

“The train is ready to leave the station,” board member Richard Evangelista said. “All passengers are on board.”

The U.S. Virgin Islands will join other Caribbean nations in enacting cannabis reform including Antigua, which decriminalized cannabis use for the general public, and Jamaica, which has decriminalized possession of small amounts of cannabis. The Bahamas are also in the process of considering policies that could legalize cannabis for medical and religious purposes and decriminalize possession of small amounts of cannabis.

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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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On Jan. 18, a signing ceremony was held to document Gov. Albert Bryan Jr. signing The Virgin Islands Cannabis Use Act (Act 8680), and proclaiming that anyone who has been convicted with simple cannabis possession is invited to apply for a pardon.

“From the beginning of the Bryan-Roach Administration, we have worked towards the legalization of the adult use of cannabis, and today, with the hard work of the members of the 34th Legislature and prior Legislatures and the efforts of my team, we are finally here and finally signing into law the Virgin Islands Cannabis Use Act,” Bryan said in a press release. “This Act incorporates key aspects of my original proposal, such as one streamlined regulatory scheme for both medicinal and adult use, enforcement powers for the Office of Cannabis Regulation, entrepreneurship and job opportunities for Virgin Islands residents, and the creation of a revenue stream to help fund critical Government initiatives and operations.”

The law allows adults over 21 to possess up to two ounces of cannabis, 14 grams of concentrates, and one ounce of cannabis products (defined as edibles, ointments, or tinctures). It also includes the requirement to create an Office of Cannabis Regulation, limitations on business licenses and permits, allowances for those who use cannabis as a sacrament, direction for cannabis sales tax funds to benefit community programs, and more.

At the ceremony, Bryan mentioned his experience traveling to Colorado in November with a number of other lawmakers to see firsthand how the cannabis industry thrives. “By traveling to Denver and meeting and speaking with individuals involved in all aspects of the industry from regulators, to law enforcement officers, to cultivators, manufacturers and dispensary owners, it is my hope that the individuals involved with the roll-out of this industry have learned best practices and what to avoid as we work to create this industry in the Virgin Islands,” Bryan continued.

He also addressed President Joe Biden’s announcement from October 2022 regarding expungement for citizens who were convicted of simple cannabis possession. “Today, I proclaim that all criminal convictions for the simple possession of marijuana under the Virgin Islands Code are fully and completely pardoned,” Bryan announced. “My office estimates that approximately 300 individuals have been convicted of the simple possession of marijuana in the last 20 years.”

Anyone convicted with simple cannabis possession in the U.S. Virgin Islands may now apply for a pardon with the Depart of Justice. For those who were convicted of up to two ounces of cannabis, the Virgin Islands Cannabis Use Act and the Expungement Act automatically expunges their record. However, Bryan recommends that the best way to ensure that the expungement goes through is to apply anyway. “Don’t wait for the opportunities to come to you, go out and grab them,” he said.

Like many states, it has taken some time for the U.S. Virgin Islands to establish both a medical and adult-use program. While residents voted to legalize medical cannabis in 2014, it wasn’t until 2019 that Bryan signed the act into law. Draft rules for the territory’s medical cannabis program were published in August 2022.

On Dec. 30, 2022, the U.S. Virgin Islands Senate passed Act 8680 bill in a 11-1 vote. The bill made its way to Bryan’s desk on Jan. 9, allowing him 10 days to make a decision to sign the bill, veto it, or to let it take effect without his signature. Bryan signed the bill just one day before the deadline.

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