Virgin Islands approaching cannabis for adult use, expungements

Cannabis remains a hot topic with politically driven fanfare in the US Virgin Islands Territory. On October 24, two bills were introduced in the Virgin Islands: one that would legalize cannabis for adult use and another that would erase legitimate cases of cannabis convictions.

Bill #21-0160 would legalize cannabis for adults 21 and older, and Bill #21-0137 would provide a way to overturn valid cannabis convictions. After at least two previous attempts, government officials continue to push for a workable bill.

Both bills were sponsored by Senator 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 to Facebook, referring to previous promises to get legislation underway in the islands.

“While there have been many politically driven false narratives about this cannabis legislation, I am proud of the work that has been done to ensure that local and minority communities are not excluded from the industry and have the opportunity to participate in the economic potential of the industry – of agriculture, pharmacies, incentives for boutique laboratories and micro-energy providers,” wrote Sarauw.

“Ignoring these lessons would be foolish,” Sarauw continued. “As a political scientist, but above all as an elected representative of the people, it is my job to do due diligence to protect the masses and the best interests of our citizens by creating equal opportunities.”

The 69-page legalization bill covers just about every provision you would expect in a US state bill. Under the Legalization Act, an Office of Cannabis Regulation (OCR) would issue business licenses, oversee the industry, and set rules for advertising, packaging, and labeling. Edibles would be capped at 100mg of THC at 10mg doses. There would be royalties and a potential tax of 50 cents per gram on growers who sell cannabis to other licensees. The bill would contain several equity components.

Under the Erasure Act, individuals with prior cannabis convictions can petition courts to vacate convictions for violations of up to two ounces of cannabis.

On August 10, the VI Cannabis Advisory Board (VICAB) in the US Virgin Islands unanimously approved the draft regulations for the territory’s medicinal cannabis program. On August 12, the Office of Cannabis Regulations released the draft. Long story short, the timeline hasn’t held up very well. Gov. Bryan’s government has been accused by Sen. Sarauw of delaying the earlier introduction of medicinal cannabis to 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 hit back, slamming Sen. Sarauw for failing to fulfill promises to legalize cannabis, which she said in 2021. But it was pressure from the governor that may have led to Sen. Sarauw’s recent actions to become public contributed to the new laws.

Sen. Sarauw herself and her fellow candidate Sen. Kurt Vialet, who opposes cannabis legalization, are both running to run for Governor Bryan and Lt. gov. to oust Tregenza Roach in the forthcoming November 8 election.

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