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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Lawmakers in the U.S. Virgin Islands last week passed legislation to legalize recreational marijuana, bringing the number of states and territories in the country that have legalized the use of cannabis by adults to 21. The legislation was passed in the U.S. Virgin Islands Senate on December 30 by a veto-proof majority vote of 11-1. Governor Albert Bryan, who has expressed strong support for cannabis policy reform, is expected to sign the legislation, according to media reports.

The legislation was approved in conjunction with another bill that expunges past convictions for marijuana-related offenses, which was passed by senators on Friday with a unanimous vote.

Senator Janelle K. Sarauw, the sponsor of the recreational marijuana legalization bill, said that the legislation was a collaborative effort by advocates who overcame opposition to comprehensive cannabis policy reform.

“Although there have been many politically driven false narratives about this cannabis legislation, I am proud of the work done by the Senators of the 34th Legislature, community stakeholders and advocates, all of who contributed to the structuring of the final bill voted upon in today’s Session,” Sarauw said in a press release posted to Facebook. “The body did its due diligence in protecting the masses and the best interest of our residents by ensuring that locals and minorities are not locked out of industry and have any opportunity to participate in its economic potential.”

Senators Worked Through Holiday To Finalize Bill

Senators reportedly worked over the Christmas holiday to work out some concerns with the proposed bill, eventually making some changes to the measure’s language in an amended version of the legislation. 

“It became contentious, we almost went to war over cannabis,” Sarauw said jokingly in a statement quoted by The Virgin Islands Consortium, adding that “every single amendment, every single suggestion that members made is included in the amendment in the nature of a substitute.”

Possession of up to one ounce of cannabis was decriminalized in the U.S. Virgin Islands by legislation passed in 2014 and in 2019 a bill to allow the medical use of marijuana was passed by the territorial legislature. Under the bill passed last week, residents and visitors to the Caribbean island territory will be allowed to purchase adult-use cannabis and medical marijuana at licensed dispensaries.

“There are so many provisions in this bill across various disciplines, that once implemented and enforced with fidelity, the Territory will see an industry that is inclusive and diverse, but most importantly, safe,” Sarauw said in the press release. “It is my hope that the current administration implements both Medicinal and Adult Use to their full potential, for the benefit of the people of this Territory.”

Regulations Still To Come in Virgin Islands

Although the bill was passed by a veto-proof majority and has the support of the territory’s governor, Sarauw noted that the legislature has yet to pass regulations to govern marijuana cultivation and sales, steps that are necessary before a regulated cannabis industry can begin operating in a legalized economy.

“Cannabis will be on the governor’s desk in no time and we have done absolutely nothing to move cannabis forward,” she said. “We bawl, I get attacked in debates about cannabis and it will be on the governor’s desk – rules and regs haven’t been promulgated, no seal-to-seal tracking system, nothing has moved with this industry.”

The bill was passed early Friday morning during the last legislative session that Senator Donna A. Frett-Gregory served as Senate President of the 34th Legislature. She indicated her support for the measure, noting that the governor and 11 of the territory’s 15 senators had traveled to Denver to learn about issues related to cannabis legalization.

“It would be irresponsible of myself to not move this legislation up or down, whichever decision we make this evening, in the 34th Legislature because we spent the government money,” Frett-Gregory said.

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Cannabis remains a hot button issue with politically-driven fanfare in the U.S. territory of the Virgin Islands. Two bills were introduced in the Virgin Islands on Oct. 24: One that would legalize cannabis for adult use and another that would expunge eligible cases of cannabis convictions.

Bill No. 21-0160 would legalize cannabis for adults 21 and over, and Bill No. 21-0137 would pave a way to expunge eligible cannabis convictions. After at least two previous attempts, government officials continue to push forward a workable bill.

Both bills were sponsored by Sen. Janelle Sarauw, who has been working on cannabis reform for some time. “It has been a very cumbersome process to get these bills to where they are today,” she wrote in a press release, which she also posted on Facebook, referring to past promises to get legislation going on the islands.

“Although there have been many politically driven false narratives about this cannabis legislation, I am proud of the work done to ensure that locals and minorities are not locked out of the industry and have an opportunity to participate in the economic potential of the industry — from farming, to dispensaries, to incentives for boutique labs, and micro energy providers,” Sarauw wrote.

“To ignore those lessons would be foolish,” Sarauw continued. “As a political scientist, but most importantly as an elected representative of the people, it is my job to do the due diligence to protect the masses and the best interest of our residents by creating equity in opportunity.”

The 69-page legalization bill covers just about any provision that you’d expect in a U.S. state bill. Under the legalization bill, an Office of Cannabis Regulation (OCR) would issue business licenses, oversee the industry, and set rules on advertising, packaging, and labeling. Edibles would be capped at 100 mg THC with 10 mg doses. Licensing fees would be imposed and a potential 50 cent per gram tax would be imposed on cultivators who sell cannabis to other licensees. The bill would include several equity components.

Under the expungement bill, people with past cannabis convictions can petition the courts to clear convictions for violations of up to two ounces of cannabis.

On Aug. 10, the V.I. Cannabis Advisory Board (VICAB) in the U.S. Virgin Islands unanimously approved draft regulations for the territory’s medical cannabis program. On Aug. 12, the Office of Cannabis Regulations posted the draft publicly. Long story short, the timeline didn’t adhere very well. Gov. Bryan’s administration was blamed by Sen. Sarauw for delaying the rollout of medical cannabis earlier on the islands.

Virgin Islands Governor Albert Bryan Jr. proposed an earlier version of the Cannabis Use Act in 2019, and introduced another version in 2020. Recently, Bryan’s re-election campaign fired back and slammed Sen. Sarauw for failing to fulfill promises to legalize cannabis, which she said in 2021. But it was the pressure put on by the governor that may have contributed to Sen. Sarauw’s recent actions to release the new pieces of legislation.

Sen. Sarauw herself and fellow candidate Sen. Kurt Vialet, who is against cannabis legalization, are both running to de-seat Gov. Bryan and Lt. Gov. Tregenza Roach in the upcoming election on November 8. 

The Virgin Islands is a hotbed for Caribbean music like reggae, so it’s safe to say a lot of tourists go there to smoke. But despite an active medical cannabis program, tourists are warned that public consumption of cannabis is still forbidden in the Virgin Islands. Even with a medical cannabis card, you can not smoke weed in any public space.

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On Aug. 10, the V.I. Cannabis Advisory Board (VICAB) in the U.S. Virgin Islands unanimously approved draft regulations for its medical cannabis program. On Aug. 12, the Office of Cannabis Regulations posted the draft publicly, and it will remain online for a 30-day public comment window that ends on Sept. 11. In addition to this, a meeting is set to be held in person on Aug. 31 as well.

According to the current draft, licenses will soon become available over the next three months, with cultivation licenses beginning on Oct. 3, research and development licenses on Oct. 26, manufacturing licenses on Dec. 5, and finally dispensary licenses on Dec. 27. Laboratory services request proposals will also open up on Oct. 12, with physician registration on Nov. 3, and patient registration on Dec. 14. All of the licenses will be open for 30 days after the start date, and once reviewed and scored, the results of any applicants that reach a score of 80% or more will be posted publicly.

Competition is fierce though, as the St. Thomas district is allowed to have eight level-one cultivation licenses, St. John will allow four, and St. Croix will allow one. However, this could be subject to change, as Executive Director Hannah Carty shared in March that “the exact number of licenses to be released on an annual basis will be determined by the Cannabis Advisory Board. They shall not release licenses that supersede the amounts allowed by 19 V.I. Code; Chapter 34,” Carty said.

VICAB was seeking to adopt a lottery system among qualifying license applicants, but V.I. Department of Licensing and Consumer Affairs Commissioner Richard Evangelista, among others, opposed the idea. “The lottery system seems like it’s a duplicative effort and I don’t think it should be a lottery, I think it should be based on merit, as long as we have a valid, fair scoresheet,” said Evangelista. “I think it should be based on merit, not merit and a lottery.” The rules were amended to use a lottery only in the event of a tie.

The VICAB is operating on a one-time loan of $500,000 from the Office of Management & Budget. After two years, the department must fully fund itself through the fees it collects.

According to Agriculture Commissioner Positive Nelson, the timeline requires swift action. “The longer it takes to start the program, the longer it’s gonna take to generate the revenue to sustain itself, so that’s part of the hiccup right there, and we may have to ask for additional time from the Legislature if we don’t get to start up real soon,” Nelson said.

In response, Chairman Dr. Catherine Kean shared a message for viewers to provide insight into why the program has taken such a long time to put together. “I think we want the general public to realize that we never anticipated it taking this long to roll out,” said Kean. “All of the obstacles we encountered along the way, whether they were real obstacles or perceived to be obstacles…the last three years have been very trying. So, the $500,000 that we have been willing to pay back, I guess we have been whittling away at that to some degree. We’re just trying to really move forward. Once we get the rules and regulations out there, and utilizing this strategic plan, I think we can try and turn the corner so we can actually start to accrue some funding back once we get the licenses out.”

Voters in the Virgin Islands approved medical cannabis in 2014; legislators passed the Medical Cannabis Patient Care Act in 2018; and Gov. Albert Bryan signed the act into law in 2019. The VICAB held its first meeting in January 2020, and now two years later, the U.S. Virgin Islands is moving one step closer to the implementation of its program.

According to the St. Thomas Source, the program rules were supposed to be developed within 120 days of the act being signed by Gov. Bryan, but there was a delay when a new executive director was being sought out. Eventually, Hannah Carty was appointed the position in September 2021.

“Essentially this person is going to be, a play on words, the cultivator of the cannabis advisory board,” said Evangelista in September. “They are now tasked with running the Office of Cannabis Regulation. They are going to be our liaison to the actual office that is going to be charged with this; we just have oversight responsibility. They are going to be tasked with making sure the rules and regulations are being published, public comment is permitted and that is why it was integral to the process that we get a director on board.”

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