USVI Cannabis Law: From the MCPCA to the Cannabis Use Act
How cannabis law in the US Virgin Islands got here. From the MCPCA to the Cannabis Use Act and what's operative today.
Updated April 12, 2026
USVI Cannabis Law: From the MCPCA to Act 8680
The US Virgin Islands has passed four major cannabis laws since 2019. Each one built on or replaced the last. If you’re trying to understand what’s legal today and why, this is the full statutory walkthrough.
For a quick “is it legal?” answer, see the legality guide. For visitor logistics, see the tourist guide. This page is the reference for people who want the law itself.
The four laws, in order
| Law | Signed | What it did |
|---|---|---|
| MCPCA (Act 8167) | January 17, 2019 | Created the USVI’s first medical cannabis program. |
| Act 8680 | January 18, 2023 | Replaced the MCPCA. Legalized adult-use, medical, and sacramental cannabis under one framework. |
| Act 8925 | October 31, 2024 | Amended Act 8680 — narrowed felony disqualifications, revised the Cannabis Advisory Board, clarified residency. |
| Act 9072 | January 23, 2026 | Addressed intoxicating hemp (delta-8, THCA, etc.). Froze retail sales pending OCR licensing. |
Act 8167: the MCPCA (2019) — historical foundation
The Medical Cannabis Patient Care Act was introduced in 2015 by Senator Terrance “Positive” Nelson and signed by Governor Albert Bryan on January 17, 2019. It was the first law to make any form of cannabis legal in the USVI.
The MCPCA established:
- A medical-only program administered by the Office of Cannabis Regulation under the Department of Licensing and Consumer Affairs
- Patient eligibility through practitioner certification for qualifying conditions
- A cannabis card system for residents and non-residents
- Licensing categories for growers, dispensaries, processors, and testing facilities
- A Cannabis Advisory Board to guide OCR rulemaking
The MCPCA was a medical-only statute. Adult-use possession remained illegal, and the licensing framework was limited to medical businesses.
The MCPCA is no longer operative law. Act 8680 replaced it entirely in January 2023, folding the medical program into a broader framework. References to “the MCPCA” in older guides, news articles, and government documents are historical.
Act 8680: the Virgin Islands Cannabis Use Act (2023) — current law
Act 8680 is the operative cannabis statute in the US Virgin Islands. Passed December 30, 2022, and signed by Governor Albert Bryan on January 18, 2023, it substituted title 19 V.I.C. chapter 34 in its entirety.
Act 8680 expanded the MCPCA’s medical-only framework into a combined system covering adult-use, medical, and sacramental cannabis, with a resident-owned business structure and a restorative justice component.
What Act 8680 established
Adult-use possession. Adults 21 and older may possess up to 2 ounces of flower, 14 grams of concentrate, and 1 ounce of cannabis products. No card required.
Medical possession. Qualified Patients get higher limits: 4 ounces of flower, 1 ounce of concentrate, and 2 ounces of cannabis products.
Dispensary and cultivation licensing. License caps are set per island: 7 dispensaries on St. Thomas, 7 on St. Croix, and 3 on St. John (17 total). Cultivation licenses are capped at 15 on St. Thomas, 15 on St. Croix, and 5 on St. John (35 total). OCR may issue additional licenses after January 1, 2025, only if a study shows demand exceeds or will exceed supply within 24 months.
Ten license and permit types. Cannabis Cultivation License, Cannabis Manufacturing License, Cannabis Dispensary License, Cannabis Research and Development License, Cannabis Testing Facility License, Adult-Use Lounge Permit, Cannabis Use Permit, Cannabis Temporary Use Permit, Onsite Cannabis Consumption Permit, and Micro-Cultivation Permit.
Resident ownership. At least 51% of any license-holding entity must be owned by Virgin Islands residents — natural persons who have resided in the territory for 10 of the last 15 years.
Three-island market structure. Cannabis cannot legally move between St. Thomas, St. Croix, and St. John. Each island is a closed market. Dispensaries must refuse sales to customers they suspect will transport product off-island.
Taxes. An 18% sales tax on cannabis products at point of sale. A $20 non-resident Cannabis Fee per purchase for visitors.
Home cultivation. Qualified Patients, Sacramental Users, and Designated Caregivers may grow up to 6 flowering and 6 immature plants on private property with landowner consent. No more than 12 flowering and 12 immature plants per address. No adult-use home grow exists.
Expungements. Act 8680 includes a restorative justice section providing for expungement of prior cannabis convictions for conduct that is no longer illegal under the new law. See the expungement guide for details.
The Office of Cannabis Regulation (OCR). Created with full executive authority to implement chapter 34 including rulemaking. Required to promulgate rules within 180 days of enactment. Required to become self-sufficient from taxes and fees within two years.
The Cannabis Advisory Board (VICAB). An 11-voting-member board plus the OCR Director as a non-voting ex officio member. Includes commissioners of Health, Agriculture, DLCA, and Tourism, plus healthcare practitioners, a farmer, business and disability community representatives, a UVI member, and an economist. Meets at least 6 times per year. See the VICAB explainer for more.
Testing facilities. Act 8680 requires a cannabis testing facility on each of the three major islands, initially operated by private entities under annual OCR contracts. If federal inter-island transport approval is granted, OCR may authorize a single facility serving all three islands, but that approval has not been granted.
Medical cannabis under Act 8680
The medical program carried forward from the MCPCA into Act 8680 with an expanded list of qualifying conditions:
- Cancer, glaucoma, HIV/AIDS, hepatitis C, ALS, Crohn’s disease, Parkinson’s disease, PTSD, multiple sclerosis, severe nausea, autism
- Any condition for which a practitioner would prescribe an opiate for pain
- Any other condition a practitioner certifies the potential benefits of cannabis would outweigh the health risks
A healthcare practitioner (MD, DO, ND, HMD, DC, PA, or NP) must certify the patient. The resident medical card costs $50. Non-resident patients can register their home-state card with OCR for recognition.
Caregivers. A Designated Caregiver must be 21 or older, designated in writing by the patient, not convicted of a Disqualifying Felony Offense, and may assist no more than 3 patients (including themselves) unless employed at a healthcare facility.
For the full patient walkthrough, see how to get your medical cannabis card and the patient FAQ.
Application fees (statutory ceilings)
Act 8680 sets maximum application fees in § 803(b). These are the ceilings OCR may charge:
| License or permit | Maximum application fee |
|---|---|
| Micro-Cultivation Permit | $1,000 |
| Adult-Use Lounge Permit | $1,500 |
| Cannabis Cultivation License | $20,000 |
| Cannabis Dispensary License | $50,000 |
| Cannabis Manufacturing License | $10,000 |
| Medical Cannabis Patient Card | $50 |
Annual renewal fees are charged at rates equal to application fees or as determined by the Board, capped at a 10% increase over the prior year.
For a complete fee breakdown including cultivation tiers and non-resident fees, see the USVI cannabis fee guide.
Act 8925 (2024) — amendments
Act 8925, signed by Acting Governor Kevin McCurdy on October 31, 2024, amended Act 8680 in several areas:
Narrowed felony disqualification. Under Act 8925, a “Disqualifying Felony Offense” is redefined as a felony conviction that does not consist of conduct that would not have resulted in a conviction under the current cannabis chapter. In plain terms: if what you did is now legal under Act 8680, the old conviction doesn’t disqualify you from holding a license or working in the industry.
Revised the Cannabis Advisory Board. Updated board composition to the 11-voting-member structure described above.
Clarified residency. Residency for patient card purposes is defined as 45 days or more of continuous presence in the territory (revised from “more than 45 days”).
Act 9072 (2026) — intoxicating hemp
Act 9072, signed by Governor Bryan on January 23, 2026, does not change the cannabis law directly. It addresses a different product category — intoxicating hemp and artificially derived cannabinoids.
Key provisions:
- Traditional CBD (under 0.3% delta-9 THC) remains legal, regulated by the Industrial Hemp Commission
- Intoxicating hemp (delta-8, delta-10, THCA, synthetic cannabinoids) is now prohibited for retail sale without an OCR-issued Intoxicating Hemp Retailer License
- Existing inventory held by retailers as of January 12, 2026 is frozen — retailers may not sell or distribute it until OCR issues regulations and licenses
- The Intoxicating Hemp Retailer License carries a $15,000 fee and per-island caps
For the full treatment, see Is CBD still legal in the USVI?.
Where things stand today (April 2026)
The Office of Cannabis Regulation has issued conditional licenses but no Certificates to Operate. No dispensary has opened for retail sales. The target is fall 2026 for the first regulated sales in the territory.
Current conditional license counts:
- 10 Cannabis Dispensary Licenses (5 St. Thomas, 3 St. John, 2 St. Croix)
- 14 Commercial Cannabis Cultivation Licenses (8 St. Croix, 5 St. Thomas, 1 St. John)
- 8–11 Micro-Cultivation Permits (count unreconciled between sources)
- 9–10 Manufacturing License applications under review
Cultivation operators are expected to put seeds in the soil by spring 2026. At least four or five of the ten conditional dispensary licensees are on track to become fully operational by fall.
For live tracking of dispensary and cultivator status by island, see:
- St. Thomas dispensaries · St. Thomas cultivators
- St. Croix dispensaries · St. Croix cultivators
- St. John dispensaries · St. John cultivators
Related guides
- Is weed legal in the USVI? — the quick-answer legality guide
- USVI cannabis fee guide — full fee schedule for all license types
- How to open a dispensary in the USVI — operator licensing guide
- Starting a cannabis grow in the USVI — cultivation licensing guide
- What is the Office of Cannabis Regulation? — OCR explainer
- What is VICAB? — the Cannabis Advisory Board
- USVI cannabis expungement guide — clearing prior convictions
Frequently asked
- What is the current cannabis law in the US Virgin Islands?
- Act 8680, the Virgin Islands Cannabis Use Act, signed January 18, 2023. It replaced the MCPCA and established a combined adult-use, medical, and sacramental cannabis framework for the territory.
- Is the MCPCA still in effect?
- No. The MCPCA (Act 8167) was folded into Act 8680 in January 2023. Act 8680 substituted title 19 V.I.C. chapter 34 in its entirety, carrying forward the medical program under a broader framework that also covers adult-use and sacramental cannabis.
- What did Act 8925 change?
- Act 8925, signed October 31, 2024, amended Act 8680 in several areas: it narrowed the definition of Disqualifying Felony Offense so that past cannabis convictions for conduct now legal do not disqualify license applicants, revised the Cannabis Advisory Board composition, and clarified the residency definition (45 days or more).
- What is Act 9072?
- Act 9072, signed January 23, 2026, addresses intoxicating hemp and artificially derived cannabinoids (delta-8, delta-10, THCA, etc.). It froze retail sales of these products pending OCR licensing and created the Intoxicating Hemp Retailer license category. Traditional CBD under 0.3% THC remains legal.