2019 US Virgin Islands Code
Title 19 - Health
Part III - Food and Drugs
Chapter 29 - Controlled Substances
Subchapter I - Controlled Substances Law
§ 607a. Possession of marijuana
(a) Definitions. For purposes of this chapter, the term—
(1) “Marijuana” has the same meaning as provided in title 19 Virgin Islands Code section 593.
(2) “Manufacture” has the same meaning as provided in section 593(18) of this title.
(b) Simple possession of marijuana. Notwithstanding the provisions of title 14 of the Virgin Islands Code:
(1) Any person who possesses one ounce or less of marijuana commits a civil infraction that is a civil offense punishable by a fine of $100, payable no later than 90 days after assessment, and may be subject to forfeiture of the contraband.
(2) Any person who openly and publicly displays, consumes, or uses one ounce or less of marijuana commits a civil offense punishable by a tine of not more than $200, payable no later than 90 days after assessment, and is subject to forfeiture of the contraband.
(3) Any person under the age of eighteen at the time of the offense, who possesses one ounce or less of marijuana commits an infraction that is a civil offense punishable by a fine of $100, payable no later than 90 days after assessment, and is subject to forfeiture of the contraband. The parents or guardians of any such offender must be notified, and the offender must be required to complete an approved drug awareness program within one year of the offense. Any such offender, who fails to complete an approved drug awareness program within one year of the offense, must be referred to the Family Division of the Superior Court of the Virgin Islands for delinquency proceedings.
(4) Any person assessed a civil fine under this subsection who fails to pay the fine within 90 days after its assessment shall pay double the amount assessed.
(c) All civil penalties established in this section may be assessed by the appropriate court.
(d) As used in this section, possession of one ounce or less of marijuana does not include the weight of other ingredients in marijuana prepared for consumption as food or drink. Possession of paraphernalia for ingestion, use, inhalation, preparation or storage at the time of the commission of the civil infraction of possession of one ounce or less of marijuana is not a violation of section 630 of this subtitle.
(e) Neither the Government of the Virgin Islands, nor any of its agencies, authorities or instrumentalities may impose any form of penalty, sanction, restriction, or disqualification on a person for possessing one ounce or less of marijuana or paraphernalia for marijuana use, nor may any penalties or obligations exceeding those prescribed in subsections (a) and (b) of this section be imposed by the Government of the Virgin Islands or any of its agencies, authorities or instrumentalities solely for having cannabinoids, or cannabinoid metabolites in the urine, blood, sweat, hair, fingernails, toenails, or other tissue or fluid of the human body. However, nothing contained in this subsection may be construed to repeal or modify existing laws, regulations, bylaws, personnel practices, or policies concerning the operation of motor vehicles or other actions taken while under the influence of marijuana.
(f) Information concerning the offense of possession of one ounce of less of marijuana must not be recorded in any database of criminal offenders.
(g) Possession of one ounce or less of marijuana is not a violation of parole or probation.
(h) Any person who fails to pay the fines imposed for a civil infraction by 180th day after the civil infraction pursuant to this section commits a misdemeanor and is subject to the imposition of additional fines not to exceed $500, imprisonment not to exceed 3 months, or both fine and imprisonment.
