COMMITTEE ON HEALTH, HOSPITALS AND HUMAN SERVICES 
09/04/2025-AMENDED AND REPORTED OUT TO THE COMMITTEE ON RULES AND JUDICIARY 
08/20/2025-REASSIGNED TO THE COMMITTEE ON HOMELAND SECURITY, JUSTICE AND 
PUBLIC SAFETY 
 
BILL NO. 
36-0105 
 
Thirty-Sixth Legislature of the Virgin Islands 
 
 
 
June 24, 2025 
 
 
 
An act amending title 7 Virgin Islands Code, chapter 13, subchapter III to prohibit the 
possession, sale, or manufacture of tetrahydrocannabinolic acid, delta-6 THC, delta-8 THC and 
delta-10 THC products in the Virgin Islands and for other related purposes 
 
 
 
PROPOSED BY:  Senators Clifford A. Joseph, Sr., and Marise C. James 
 Co-sponsor: Hubert L. Frederick 
 
 
WHEREAS, the federal Hemp Farming Act of 2018 legalized hemp-derived products 
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containing less than 0.3% delta-9 tetrahydrocannabinol (“delta-9 THC”); 
2 
WHEREAS, Act No. 8680 expanded the legalization of cannabis from medicinal use to 
3 
adult use cannabis in the Virgin Islands; 
4 
WHEREAS, clarifying the definition of hemp will ensure equitable regulation, 
5 
enforcement, and reduce ambiguity for businesses, law enforcement, and regulators, while 
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keeping the Virgin Islands competitive in the hemp industry and spur economic development; 
7 
WHEREAS, delta-8 tetrahydrocannabinol (“delta-8 THC”) products have not been 
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evaluated or approved by the Federal Drug Administration (“FDA”); as such, there is no 
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guarantee of accuracy in labeling, potentially exposing consumers to risks; 
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2 
 
WHEREAS, delta-8 THC is naturally found in very small amounts in cannabis, and to 
1 
produce the concentrations needed for commercial products, it is typically synthesized from 
2 
hemp-derived cannabidiol using chemical processes; 
3 
WHEREAS, the chemical process may involve unsafe chemicals and may result in 
4 
harmful byproducts or contaminants in the final product, if not properly managed; 
5 
WHEREAS, delta-8 THC can be habit-forming or cause dependence, which can lead to 
6 
addiction; 
7 
WHEREAS, many delta-8 THC products are marketed in ways to be appealing to 
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children, mimicking candy and snack foods, thereby increasing the risk of accidental overdose 
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and ingestion by children; 
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WHEREAS, product labels may be unclear or misleading, causing consumers to 
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underestimate the psychoactive effects of delta-8 THC products; 
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WHEREAS, the FDA has received reports of adverse events related to delta-8 THC 
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consumption, including hallucinations, vomiting, tremors, anxiety, dizziness, confusion, and 
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loss of consciousness; 
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WHEREAS, poison control centers have also received numerous calls concerning delta-
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8-THC exposures, with a significant number involving unintentional exposure by children; 
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WHEREAS, states and territories have the authority to introduce laws regulating or 
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banning delta-8 THC and other cannabinoids; and 
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WHEREAS, more than a dozen states have moved to control or ban delta-8 THC and 
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similar products; Now, Therefore, 
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Be it enacted by the Legislature of the Virgin Islands: 
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SECTION 1.  Title 7 Virgin Islands Code, chapter 13, subchapter III is amended as 
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follows: 
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3 
 
(a) 
section 200 is amended in subsection (e) by inserting “Hemp or” before 
1 
“Industrial”; 
2 
(b) 
by inserting the following section 200a: 
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Ҥ 200a.  It is unlawful to sell, possess, or manufacture intoxicating hemp products 
4 
in the Virgin Islands.  Intoxicating hemp products are not included in the definition of 
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hemp or industrial hemp and are: 
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(1) 
hemp-derived products containing cannabinoids that are not 
7 
capable of being naturally produced by the cannabis sativa L plant; 
8 
(2) 
cannabinoids that are capable of being naturally produced by the 
9 
cannabis sativa L. plant and were synthesized, chemically altered or 
10 
manufactured outside of the plant including the isomerization of CBD 
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tetrahydrocannabinolic acid, delta-6 tetrahydrocannabinol (“THC”), delta-8 
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THC, or delta-10 THC and because nomenclature is not standardized, 
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compounds of these structures, regardless of numerical designation; and 
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(3) 
products 
containing 
any 
quantifiable 
amounts 
of 
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tetrahydrocannabinol acid or of any other cannabinoids that have similar 
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effects or are marketed to have similar effects as THC on humans or animals. 
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(4) 
Any cannabinoid other than delta 9 THC-that is naturally derived 
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that when introduced into the human body is reasonably likely to cause 
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intoxication or impairment, based on known effects on perception, cognition, 
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or behavior; or has a psychoactive effect or is marketed or labelled as having 
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euphoric, intoxicating, or psychotropic effects. 
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(c) 
section 201, subsection (g) is stricken, and the following new subsection (g) is 
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inserted: 
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4 
 
“(g) Before obtaining a business license from the Department of Licensing 
1 
and Consumer Affairs, a person or entity seeking to sell or manufacture hemp 
2 
products, must first obtain a permit from the Commission.” 
3 
(d) 
section 203 is amended as follows: 
4 
(1) 
in the introductory clause by striking “Commissioner and the 
5 
University of the Virgin Islands” and inserting “the Commission” and by 
6 
striking “jointly”; 
7 
(2) 
in paragraph (3) by striking “Commissioner’s” and inserting “the 
8 
Commission”; and 
9 
(3) 
by redesignating paragraph (5) as paragraph (6) and inserting the 
10 
following new paragraph (5): 
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“(5) The permit approval process for hemp retailers and 
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manufacturers and for the fees associated with the processing and issuance of 
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the permit.”; 
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(e) 
in section 204 by striking “for use by the Commissioner” and insert “to be used 
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by the Commission”; and 
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(f) 
by adding the following section 209: 
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Ҥ 209.  Penalties 
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(a) 
If the Commission finds that a person or entity has violated any provision 
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of this subchapter, the Commission shall fine the violator $1,000 for each violation. 
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If a person or entity violates the provisions of this subchapter on two or more 
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occasions, upon notice and an opportunity to be heard, the Commission may revoke 
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that person or entity’s permit. 
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5 
 
(b) 
The Commission shall notify the Department of Licensing and 
1 
Consumer Affairs when a person or entity has violated the provisions of this 
2 
subchapter on two or more occasions.  Upon notice and an opportunity to be heard, 
3 
the Department of Licensing and Consumer Affairs may revoke that person or 
4 
entity’s business license.  The person or business entity as the right to appeal the 
5 
decision of the Department of Licensing and Consumer Affairs under current law. 
6 
(c) 
The Commission shall deposit 50% of monies collected under this 
7 
section into the Agriculture Revolving Fund and 50% shall be deposited into the 
8 
Consumer Protection Fund.” 
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SECTION 2.  Title 33 Virgin Islands Code, chapter 111, section 3018 is amended 
10 
as follows: 
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(a) 
in subsection (c) by inserting the following paragraph (1) after “constituted 
12 
of:”: 
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“(1) All monies collected by the Industrial Hemp Commission under title 7 
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Virgin Islands Code, chapter 13, subchapter III”; and by designating the other items 
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beginning with “All” as paragraphs (2), (3), and (4), respectively; and 
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(b) 
In subsection (d), at the end of the first sentence after “industry” by inserting 
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“, except that monies deposited into the Fund pursuant to 7 V.IC. § 204 must be used 
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exclusively by the Industrial Hemp Commission to administer and enforce the provision 
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of 7 V.I.C., ch. 13, subch. III.” 
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SECTION 3.  Retailers that still have possession of tetrahydrocannabinolic acid, delta-6 
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tetrahydrocannabinol (“THC”), delta-8 THC, delta-10 THC, or and other cannabinoid products 
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60 days after the effective day of this act, shall turn these products over to the Industrial Hemp 
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6 
 
Commission.  The Industrial Hemp Commission shall coordinate with the Virgin Islands Police 
1 
Department for the appropriate disposal method for all seized products. 
2 
SECTION 4.  Nothing in this act prevents the Virgin Islands Police Department, the 
3 
Department of Licensing and Consumer Affairs or the Department of Health from performing 
4 
their duties prescribed by law including seizing illegal products, making arrests or issuing 
5 
citations. 
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BILL SUMMARY 
7 
This bill prohibits the possession, sale, or manufacture of tetrahydrocannabinolic acid, 
8 
delta-6 tetrahydrocannabinol (“THC”), delta-8 THC, or delta-10 THC in the Virgin Islands; 
9 
provides for the Industrial Hemp Commission to issue permits for the retail sale or manufacture 
10 
of these products; removes the Commissioner of Agriculture and the University of the Virgin 
11 
Islands from having rulemaking authority; adds a penalty section for violations of the 
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subchapter; and provides that 50% of monies collected for penalties must be deposited into the 
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Agriculture Revolving Fund to used exclusively by the Hemp Commission to administer and 
14 
enforce the provisions of the subchapter and 50% to be deposited in the Consumer Protection 
15 
Fund. 
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BR25-0402/June 23, 2025/SLR 
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