| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Possession |
|||
| 2 oz or less, adults aged 21 + | no penalty | N/A | N/A |
| Edibles, adults aged 21 + - up to 1 oz | no penalty | N/A | N/A |
| 1 oz or less (ages 18 - 21) | civil offense | N/A | $ 100 |
| More than 2 oz (first offense) | not classified | 1 year | $ 5,000 |
| More than 2 oz (subsequent offense) | not classified | 2 years | $ 10,000 |
Distribution or Cultivation |
|||
| Distribution of a small amount without remuneration | Civil Offense | N/A | $200 |
| Any amount** (first offense) | not classified | 5 years | $ 15,000 |
| Any amount (subsequent offense) | not classified | 10 years | $ 30,000 |
| To a minor (first offense) | not classified | 15 years | $ 60,000 |
| To a minor (subsequent offense) | not classified | 30 years | $ 90,000 |
| 50 - 200 lbs | not classified | 3 years* | $ 25,000 |
| 201 - 1000 lbs | not classified | 5 years* | $ 50,000 |
| More than 1000 lbs | not classified | 15 years* | $ 200,000 |
| Within 1000 ft of a school, university, park, or beach is punishable by an additional mandatory minimum sentence of 2 years imprisonment. | |||
| Includes possession with intent to distribute | |||
| * Mandatory minimum sentence | |||
| ** The limited home-cultivation of up to six plants for sacramental purposes is permitted. | |||
Hash & Concentrates |
|||
| Possession, adults aged 21 + - up to 14 g | no penalty | N/A | N/A |
| Trafficking 1 - 10 lbs | not classified | 3 years* | $ 25,000 |
| Trafficking 10 - 100 lbs | not classified | 5 years* | $ 50,000 |
| Trafficking more than 100 lbs | not classified | 15 years* | $ 200,000 |
| *Mandatory Minimum Sentence | |||
| Penalties for hashish and marijuana are generally treated equally under the law with the exception of Trafficking. | |||
Paraphernalia |
|||
| Use or possession with intent to use paraphernalia | Misdemeanor | 1 year | $ 5,000 |
| Distribution or possession with intent to distribute paraphernalia | not classified | 3 years | $ 15,000 |
| Possession of paraphernalia at the time of the commission of the civil infraction of possession of one ounce or less of marijuana is not a violation | |||
Civil Asset Forfeiture |
|||
| All containers and all vehicles used for possession or distribution are subject to forfeiture. | |||
| Updated May 15, 2023 | |||
Penalty Details
For adults aged 21 and up, it is legal to possess up to 2 oz of cannabis flower. For those ages 18 – 21, cannabis possession is a civil violation, punishable by a fine.
Possession
Possession of one ounce or less of cannabis in the Virgin Islands for those between the ages of 18 – 21 is classified as a civil offense, punishable by a fine between $100 and $200. Those under the age of 18 will also be required to complete a drug awareness program. The depenalization measure eliminates jail time for minor marijuana offenses.
For first offenders possession of more than two ounces of marijuana is punishable by up to 1 year of imprisonment and/or a fine of up to $5,000. First offenders are also eligible for probation, and all charges and public records will be dismissed upon successful completion of probation. If the defendant is under the age of 21 at the time of the offense, successful completion of probation will result in all public records of the arrest and conviction being expunged. For second offenders possession of any amount of marijuana is punishable by up to 2 years of imprisonment and/or a fine of up to $10,000.
- Virgin Islands Code Ann. tit. 19, § 29-607 Web Search
Distribution or Cultivation
Distribution of marijuana includes possessing marijuana with the intent to distribute it.
For first offenders distribution or cultivation of marijuana is punishable by up to 5 years imprisonment and/or a fine of up to $15,000. For subsequent offenses distribution or cultivation of marijuana is punishable by up to 10 years of imprisonment and/or a fine of up to $30,000. Defendant’s who were only involved in the sale or cultivation of a small amount of marijuana may be eligible to be tried as possession offenders. Also, First offenders must be offered parole after 2 years of imprisonment.
- Virgin Islands Code Ann. tit. 19, § 29-604(a) Web Search
- Virgin Islands Code Ann. tit. 19, § 29-604(b)(1)(B) Web Search
- Virgin Islands Code Ann. tit. 19, § 29-604(b)(1)(B)(4) Web Search
Distribution or cultivation of marijuana within 1,000 feet of a school, university, park, or beach is punishable by an additional mandatory minimum sentence of 2 years imprisonment.
- Virgin Islands Code Ann. tit. 19, § 29-604(b)(1)(B)(5)(a) Web Search
For first offenders, distribution of marijuana by a person under the age of 18 to a person under the age of 18 is punishable by imprisonment up to 10 years and/or a fine of up to $30,000. Subsequent offenses are punishable by up to 20 years of imprisonment and/or a fine of up to $60,000. Parole is available after 4 years of imprisonment.
- Virgin Islands Code Ann. tit. 19, § 29-608(a) Web Search
For first offenders, distribution of marijuana by a person over the age of 18 to a person under the age of 18 is punishable by imprisonment of up to 15 years and/or a fine of up to $60,000. Subsequent offenses are punishable by up to 30 years of imprisonment and/or a fine of up to $90,000. Parole is available after 6 years of imprisonment.
- Virgin Islands Code Ann. tit. 19, § 29-608(b) Web Search
Distributing, cultivating, or delivering between 50-200 pounds of marijuana carries a minimum mandatory sentence of 3 years imprisonment and a fine of $25,000. Between 200-1,000 pounds of marijuana carries a mandatory minimum sentence of 5 years imprisonment and a fine of $50,000. Over 1,000 pounds carries a mandatory minimum sentence of 15 years imprisonment and a fine of $200,000.
- Virgin Islands Code Ann. tit. 19, § 29-614a(a)(1) Web Search
Distributing, manufacturing, or delivering between 1-10 pounds of hash or hash oil carries a mandatory minimum sentence of 3 years imprisonment and a fine of $25,000. Between 10-100 pounds carries a mandatory minimum sentence of 5 years imprisonment and a fine of $50,000. Over 100 pounds carries a mandatory minimum sentence of 15 years imprisonment and a fine of $200,000.
- Virgin Islands Code Ann. tit. 19, § 29-614a(a)(2) Web Search
Hash & Concentrates
Adults over the age of 21 are legally allowed to possess up to 14 grams of cannabis concentrates. Possession of cannabis concentrates is decriminalized for those between the ages of 18 – 21, with civil penalties existing in place of criminal penalties.
The only place where Hashish is differentiated from Marihuana is in the punishment for trafficking. Trafficking in Hashish is a separate offense from trafficking in Marihuana, with a much lower weight threshold than for Marijuana. 1 pound of Hashish triggers a trafficking offense, whereas 50 pounds of Marijuana is required to trigger a trafficking offense.
Any person who knowingly sells, manufactures, delivers, possesses or brings into the territory more than 1 pound, but less than 10 pounds of Hashish or Hash Oil shall be sentenced to a three year mandatory minimum term of imprisonment and pay a fine not to exceed $25,000. For an amount of Hashish or Hash Oil between 10 pounds and 100 pounds, the penalty increases to 5 years mandatory imprisonment and a fine not to exceed $50,000. For an amount greater than 100 pounds, the penalty increases to a 15 year mandatory term of incarceration and a fine not to exceed $200,000.
- V.I. Code Ann. Tit. 19, § §614A Web Search
Paraphernalia
Using or possessing with the intent to use any device that assists in the cultivation, distribution, inhalation, or ingestion of marijuana is punishable by imprisonment for up to 1 year and/or a fine of up to $5,000.
Distributing or possessing with the intent to distribute marijuana paraphernalia is punishable by up to 3 years imprisonment and/or a fine of $15,000.
If and individual 18 or over gives marijuana to a person under the age of 18 that offense is punishable by up to 3 years imprisonment and/or a fine of $15,000.
- Virgin Islands Code Ann. tit. 19, § 29-630 Web Search
Forfeiture
All containers used in the possession or distribution of marijuana are subject to forfeiture. All vehicles used for possession or distribution are also subject to forfeiture.
- Virgin Islands Code Ann. tit. 19, § 29-623 Web Search
More Information
Conditional Release
The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.
EXPUNGEMENT
This state has enacted legislation explicitly providing the opportunity for those with marijuana convictions for activities that have since been decriminalized/legalized to have past marijuana convictions expunged, vacated, otherwise set aside, or sealed from public view.
Legalization
Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.
Mandatory Minimum Sentence
When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.
Medical Marijuana
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.