The Virgin Islands Cannabis Advisory Board (O.O.G.)

In accordance with Virgin Islands Code Title 19 Health, Part III FOOD AND DRUGS, Chapter 34 The Virgin Islands Cannabis Use Act, § 777 Office of Cannabis Regulation. The Cannabis Advisory Board shall be composed of members appointed by the Governor with the advice and consent of the Legislature.

The Board, within the context of this subchapter and the requirements of due process, shall have at a minimum, the following powers, and responsibilities: 

(Notwithstanding anything provided herein to the contrary) 

Establishes a Virgin Islands Cannabis Testing Facility on each of the three major islands—St. Croix, St. Thomas and St. John—initially operated by private entities awarded annual contracts using the Government of the Virgin Islands’ Request for Proposal process, with the Board retaining the authority to establish and direct construction of its own Cannabis Testing Facilities at a later date.

Establishes educational and certification requirements for Cannabis Business applicants, Licensees, Cannabis Business Representatives, Practitioners; and Cannabis-related businesses including, vendors, transporters, security companies, and other service providers.

Establishes an approved list of Cannabis Business vendors and qualified Sacramental Usage organizations.

Establishes rules to ensure that all Cannabis Business establishments are located in and advertised in areas that do not negatively impact enterprises and entities that rely primarily on family and youth participation, such as schools and houses of worship. Rules must address street-level and media-based advertising and marketing guidelines, to ensure that advertising and marketing does not negatively impact family-based enterprises and civic organizations. Rules must also provide that each Cannabis Business must always have comprehensive security systems in place.

Establishes an approved list of credit unions and other banking institutions, and security firms that Cannabis Businesses can legally and safely utilize; and

Establishes a recommended list of third-party vendors licensed to do business in the Virgin Islands that Cannabis Businesses can utilize.

Establishes all rules promulgated by the Board must be published on a Virgin Islands official website. The Board shall provide not less than 30 days for public comment. Not later than 30 days after the period for public comment, the Board shall publish the final rules and proceed with the implementation of the program in accordance with the rules.

Appoints the Director of the Office of Cannabis Regulation for a three-year term, which may be extended.

All medical professional members of the Board shall hold full and unrestricted medical licenses in the territory, shall be persons of recognized professional ability and integrity, and shall have become knowledgeable in cannabis medicine.

Cannabis Law and Regulatory Knowledge: Deep understanding of the Virgin Islands Cannabis Use Act, including medical and adult-use provisions, licensing frameworks, zoning requirements, product safety standards, and federal legal implications under the Controlled Substances Act. 

Public Health and Safety Oversight: Awareness of the public health dimensions of cannabis regulation, including responsible use education, prevention of youth access, impaired driving concerns, and health risks associated with contaminants or high-THC products. 

Board Governance and Advisory Role: Familiarity with the advisory board’s statutory duties, such as reviewing draft regulations, advising on license issuance, monitoring implementation progress, evaluating social equity programs, and reporting to the legislature or governor. 

Medical Cannabis Policy and Patient Advocacy: Understanding of the therapeutic uses of cannabis, qualifying conditions, physician oversight, dispensary operations, and patient access protections to ensure safe and effective medical use. 

Licensing and Compliance Oversight: Ability to evaluate cannabis business applications for cultivation, manufacturing, distribution, and retail, ensuring alignment with legal requirements, financial transparency, security protocols, and community impact criteria. 

Economic Development and Industry Innovation: Insight into how cannabis can support entrepreneurship, job creation, and tax revenue generation in the U.S. Virgin Islands, with a focus on local ownership, vertical integration, and sustainable business practices. 

Social Equity and Criminal Justice Reform: Commitment to restorative justice by supporting expungement of non-violent cannabis offenses, reducing barriers to market entry for historically disadvantaged groups, and promoting fair licensing practices. 

Interagency Coordination and Policy Integration: Ability to collaborate with the Office of Cannabis Regulation (OCR), Department of Health, Department of Justice, and other agencies to implement a coherent and enforceable cannabis framework. 

Scientific and Agricultural Literacy: Familiarity with cannabis botany, cultivation methods, lab testing requirements, product types (e.g., edibles, tinctures, flower, concentrates), and environmental controls for safe and efficient production. 

Community Engagement and Stakeholder Outreach: Skill in facilitating dialogue between regulators, patients, farmers, businesses, law enforcement, and the general public to build trust, address concerns, and incorporate local feedback into policy decisions. 

Public Communication and Advocacy: Ability to clearly articulate board recommendations, regulatory updates, and cannabis science in public forums, hearings, press releases, and education campaigns. 

Ethics, Transparency, and Conflict Avoidance: Commitment to ethical governance, including recusal from decisions involving personal or financial conflicts of interest, and upholding transparency in board operations and licensing procedures. 

Data-Driven Policy Evaluation: Capacity to assess cannabis program outcomes using public health data, market trends, arrest rates, and tax revenue to make evidence-based policy recommendations. 

Confidentiality and Legal Safeguards: Adherence to strict confidentiality standards in reviewing proprietary business applications, patient information, and regulatory investigations. 

Time Management and Deliberation Readiness: Ability to review lengthy applications, research best practices, and prepare for regular board meetings and reporting deadlines efficiently and effectively. 

Adaptability to Regulatory Evolution and Industry Trends: Willingness to stay current with emerging cannabis trends—such as THC limits, cannabinoid research, synthetic cannabinoids, and hemp policy—while maintaining legal compliance. 

Attention to Legal, Technical, and Social Detail: Diligence in reviewing regulatory proposals, application scoring, compliance metrics, and equity program outcomes to ensure integrity, safety, and fairness across the cannabis ecosystem. 

The Board operates independently, with authority to promulgate rules, oversee the OCR, and ensure compliance with Virgin Islands law. Members may be removed by the Governor for cause.

The term of each member’s appointment is three years and each shall serve and be enabled to vote and be qualified to meet a quorum until a successor is appointed and qualified.

Non-Governmental members of the Board shall receive a stipend of $75 for each meeting of the Board and reimbursement for expenses incurred in attending Board meetings;

The Board shall meet no less than six times per year for the purpose of providing oversight and establishing policies to be carried out by the OCR.

Members of the Board who are employed by the Government are not entitled to a per diem for their service on the Board, but non-governmental members are entitled to a $75 per day per diem.

Any officer, employee, or any other person serving or having served the Board who must defend against any claim or action arising out of any act or acts that were performed in good faith within the scope of the function of the Board may request in writing, within ten days of service, that the Government defend the action. If the person requesting defense cooperates in good faith in the defense of the claim or action, the Government shall provide and pay for such defense and any resulting judgment, compromise, or settlement

The Cannabis Advisory Board was created to Govern the Office of Cannabis Regulation in accordance with this statute and to otherwise enforce this statute; 

FACTOR 5- PURPOSE OF CONTACTS AND COMMUNICATION 

All communication made by or on behalf of any person, institution, agency, or organization to the Board or to any person designated by the Board relating to an investigation or the initiation of an investigation, whether by way of report, complaint, or statement, is privileged. No action or proceeding, civil or criminal, is permitted against a person, institution, agency or organization when a good faith communication was made either on its own behalf or on behalf of another. The protections afforded in this section does not abridge a party’s right to due process.