His Excellency the Governor Augustus J.U. Jaspert is yet to sign off on the proposed 42-page Cannabis Licensing Act, 2020, seeking to legalize medicinal marijuana in the BVI.
When consulted by our newsroom on the seeming delay, the office of the Governor said “on the marijuana bill, the Governor is currently considering the legislation in the context of international obligations. By giving thorough consideration to the bill before granting assent, the Governor is discharging his duties as set out in the constitution and as the people of BVI would expect.”
The provisions of the initial legislation that was circulated publicly seeks to employ an estimated 100 local farmers and serve as a revenue generator, to the tune of some $30 million annually, according to Premier of the Virgin Islands, Honorable Andrew A. Fahie.
“When persons hear about medicinal marijuana and say, ‘Oh, they want to make everybody high,’ they forget it’s a specific strain that we’re going to be growing to export,” “Could you imagine little BVI exporting and having an opportunity to make at a minimum, if we do it right, $30 million? And that’s being very conservative from our projections,” Honorable Fahie said.
Based on what was presented, the bill also allows for adults to possess up to one gram of cannabis for “medicinal or therapeutic” use but those who complete a self-declaration form would be permitted to possess between one and 50 grams.
In the absence of medical approval, strong penalties will be levied against persons who attempt to use it for recreational purposes, or are caught illegally importing or exporting cannabis. This can result in fines up to $200,000 or 15 years in prison.
The proposed legislation also attempts to expunge the criminal record of anyone found guilty of possessing no more than 50 grams of cannabis or no more than 10 grams of cannabis resin.
The bill states “in making its decision, the court shall consider appropriate non-penal measures as a condition of discharge aimed at education and rehabilitation, including counselling and community service.”
Once assented to, a Cannabis Licensing Authority will be established to oversee the “licensing of the analysis, cultivation, processing, importation, exportation, distribution and sale of cannabis in the Virgin Islands.”
While these were the provisions laid out in the first and second readings, it is important to note that the bill was amended before being passed in the House of Assembly.
The marijuana legislation is one of two revenue-generating bills was submitted to the Governor’s office in recent months.
The Gambling (Gaming & Betting) Control Act (the Act) aiming to legalize and regulate gambling in the Territory was approved however, the territory awaits an official update from the Governor’s office on medicinal marijuana.
The legislation which initially fell under the Agriculture portfolio of Dr. the Honorable Natalio Wheatley, is now being handled by the Premier’s office, on the premise that it is a revenue earner.