Virgin Islands

Navigating Virgin Islands Laws:

Patients and Caregivers: Enrolling and Accessing Medical Cannabis

Medical Professionals: Procedures for recommending Medical Cannabis

Policymakers and Advocates: Actions Needed to Improve Laws for Patients

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Background on State Laws

In early 2019, the Governor of the U.S. Virgin Islands signed the Virgin Islands Medicinal Cannabis Care Act to allow qualifying patients to possess and obtain cannabis for medical purposes. As a registered patient in the US Virgin Islands, you will have an affirmative defense in court if you are arrested for the possession of cannabis. You will not lose parental rights in a child custody hearing based on your cannabis use. You will be protected from discrimination by hospitals in the case of an organ transplant; often cannabis users are refused these procedures. A landlord cannot evict you on the grounds of your cannabis use. An employer cannot fire you based on your enrollment in the medical cannabis program. The US Virgin Islands recognize patient registrations from other states and territories for a period of 45 days. If you plan on being in USVI for a longer period, you must apply for a local medical cannabis registration. Details on how these laws apply to patients and medical professionals can be found below.

In 2023, Governor Albert Bryan Jr. signed a pair of bills to legalize marijuana and to facilitate cannabis expungement. The governor proposed his own legalization proposal back in 2019, known as The Medical Cannabis Patient Care Act, although it was never fully implemented. The Virgin Islands Cannabis Use Act established an “Office of Cannabis Regulation” and under this law anyone aged 21 or older will be able to purchase cannabis products from licensed establishments. This law reaffirms the rights of qualified patients to access cannabis. The Virgin Islands Office of the Attorney General provides a Pardon Application Form.

Here is a breakdown of how the US Virgin Islands fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for the US Virgin Islands can be found below. For policy updates Sign Up here or Take Action!

Patient Rights and Civil Protections	90/100
Arrest Protection 25/25 Affirmative Defense 20/20 Parental Rights Protections 20/20 DUI Protections 0/10 Employment Protections 20/20 Explicit Privacy Standards 5/5
Access to Medicine	35/100
Authorizes Retail Access 10/10 Alternative Accessibility Methods 0/20 - Authorizes Delivery 0/10 - Authorizes Curbside Pickup 0/10 Personal Cultivation 15/15 Collective Gardening 0/5 Sufficient Number of Licensed Retailers 0/30 Reciprocity 10/20
Program Functionality	71/100
Legal Protections Within Reasonable Time Frame 16/20 Reasonable Possession Limits 10/10 Reasonable Purchase Limits 10/10 Telemedicine for Physician Certifications 0/15 Patient and Physician Representation in Program Decision Making 15/20 Reasonable Caregiver Standards 5/5 - Background Checks 2/2 - Number of Caregivers 3/3 Reasonable Physician Standards 5/5 Access to Administration Methods 10/10 - Allows Dried Flower 5/5 - Allows Edibles, Concentrates, and Other Forms 5/5 Provides Access to Minors on School Grounds 0/5
Affordability	30/100
Sales Tax Break for Patients and Caregivers 10/20 Covered by State Insurance or Health Aid 0/20 Reasonable Registration Fees 20/20 Financial Hardship Waivers or Discounts 0/20 Donation Program 0/10 Allows Multi-Year Registrations 0/10
Health and Social Equity	70/100
State Program Protections 25/25 Housing Protections 25/25 Access for Minors 0/10 Access in Underserved Areas 0/10 List of Qualifying Conditions is Exhaustive or All Inclusive 10/10 Allows Patients to Medicate Where they Choose 5/10 Organ Transplants 5/5 Ownership or Employment Restrictions 0/5
Consumer Protection and Product Safety	27/200
Cultivation Operations 7/50 Quality Management Systems 0/10 Staff Training 2/10 Standard Operating Procedures 2/8 - Facility and Equipment Sanitation 0/1 - Workplace Safety 0/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 1/1 - Waste Disposal 0/1 - Water Management 0/1 - Records Management 1/1 Pesticide Usage Limitations 1/2 Environmental Impact Regulations 0/2 Required Testing 1/8 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 0/1 - Aflatoxins 0/1 - Pesticides 0/1 - Heavy Metals 0/1 - Foreign Matter 0/1 - Moisture Content/ Water Activity 0/1 Packaging and Labeling 1/3 - Cannabinoids 1/1 - Terpenes 0/1 - Pesticides 0/1 Complaints, Adverse Event Reporting, and Recall Protocol 0/7 Manufacturing Operations 9/50 Quality Management Systems 0/10 Staff Training 2/10 Standard Operating Procedures 2/7 - Facility and Equipment Sanitation 0/1 - Workplace Safety 0/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 1/1 - Waste Disposal 0/1 - Records Management 1/1 Environmental Impact Regulations 0/3 Required Testing 1/10 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 0/1 - Aflatoxins 0/1 - Pesticides 0/1 - Heavy Metals 0/1 - Residual Solvents 0/1 - Homogeneity 0/1 - Foreign Matter 0/1 - Water Activity 0/1 Packaging and Labeling 4/5 - Cannabinoids 1/1 - Terpenes 0/1 - Ingredients 1/1 - Allergens 1/1 - Nutritional Content 1/1 Complaints, Adverse Event Reporting and Recall Protocol 0/5 Dispensary Operations 4/50 Staff Training 2/20 Standard Operating Procedures 2/7 - Facility Sanitation 0/1 - Workplace Safety 0/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 1/1 - Waste Disposal 0/1 - Records Management 1/1 Product Testing 0/10 - Product Meets Requirements Before Sale 0/5 - COA Disclosure 0/5 Complaints, Adverse Event Reporting and Recall Protocol 0/13 Laboratory Operations 7/50 Independent or Third-Party 5/5 Laboratory Sampling 0/5 Method Validation 0/4 Quality Management Systems 0/5 Staff Training 2/20 Standard Operating Procedures 0/7 - Facility and Equipment Sanitation 0/1 - Equipment and Instrument Calibration 0/1 - Workplace Safety 0/1 - Sample Tracking 0/1 - Security 0/1 - Waste Disposal 0/1 - Records Management 0/1 Result Reporting 0/4
Score Penalties	15/100
Gives Regulatory Preference to Adult Use 0/20 Classifies Cannabis as a Medicine of Last Resort 0/15 Administrative or Supply Problems 15/15 Requires Vertical Integration 0/10 Creates New Criminal Penalties for Patients 0/10 Limits Patients to a Single Retailer 0/10 No System for Adding Qualifying Conditions 0/10 Imposes Bans or Limits on THC 0/5 Imposes Bans or Limits on CBD 0/5
Excerpted from ASA's 2022 State of the States Report.