Yes. Under U.S. Virgin Islands marijuana laws, adults 21 and older may legally possess up to 2 ounces of cannabis, 14 grams of concentrate and 1 ounce of cannabis products under the Virgin Islands Cannabis Use Act, signed in January 2023. As of October 2026 the territory has approved conditional dispensary, cultivation and manufacturing licenses, but we found no official announcement that licensed adult-use sales have begun. Public use remains illegal, and intoxicating hemp products such as delta-8 and THCA were banned without a license in January 2026.
This guide is for residents of St. Thomas, St. Croix and St. John, and for visitors who assume the islands work like a mainland legal state. They do not, yet: the law is generous, but the licensed market is still being built. Every rule links to its source. It is general information, not legal advice.
U.S. Virgin Islands Cannabis Laws at a Glance
| Topic | The rule in the U.S. Virgin Islands | Source |
|---|---|---|
| Legal status | Adult use, medical and sacramental use legal under territorial law; licensed retail sales not confirmed open as of October 2026 | Act 8680 |
| Legal age | 21+ (patients under 21 need a parent or guardian’s consent) | 19 V.I.C. §§ 776, 785 |
| Adult possession limit | 2 oz cannabis, 14 g concentrate, 1 oz cannabis products | 19 V.I.C. § 785 |
| Medical patient limit | 4 oz cannabis, 1 oz concentrate, 2 oz cannabis products | 19 V.I.C. § 779(b) |
| Home grow | Not for general adult use; resident patients and registered sacramental users may grow 6 flowering and 6 immature plants with an OCR card | 19 V.I.C. §§ 779(c), 798(c) |
| Where to buy | Only from an OCR-licensed dispensary; conditional licenses approved January 2026 | Office of Cannabis Regulation |
| Public use | Not protected; allowed only at a location with an OCR lounge or use permit | 19 V.I.C. § 807(a)(2) |
| Driving | Driving or boating under the influence is not protected; no THC blood limit is set in the act | 19 V.I.C. §§ 779(d), 807(a)(3) |
| Taxes | Dispensary tax of at least 18%; $20 non-resident fee per purchase; resident cardholders exempt from the tax | 19 V.I.C. § 802 |
| Delta-8, THCA and similar | Illegal to sell, possess or make without an OCR license or permit (Act 9072, January 2026) | Act 9072 |
| Regulator | Office of Cannabis Regulation (OCR), St. Thomas | ocr.vi.gov |
Is Marijuana Legal in the U.S. Virgin Islands?
Yes, under territorial law. Governor Albert Bryan Jr. signed Act 8680, the Virgin Islands Cannabis Use Act (Bill 34-0345), in January 2023. The OCR dates the signing to January 18, 2023. The act rewrote Title 19, chapter 34 of the Virgin Islands Code to cover adult, medical and sacramental use under the Office of Cannabis Regulation (OCR). It was later amended by Act 8925.
The path took a decade. Voters approved medical cannabis in a 2014 territory-wide referendum, and Governor Bryan signed the Virgin Islands Medicinal Cannabis Patient Care Act in January 2019. After the 2023 act, Government House warned in March 2023 that adult, patient and sacramental use stayed prohibited until the OCR finished its rules. The OCR’s Rules and Regulations for the Virgin Islands Cannabis Use Act were approved in 2024.
Cannabis is still illegal under federal law for adult use, and the Virgin Islands are a U.S. territory. That matters at the airports, on federal land and at sea. See our guide to federal marijuana law in 2026.
How Much Cannabis Can You Possess in the Virgin Islands
Under 19 V.I.C. § 785, an adult over 21 may possess up to:
- 2 ounces of cannabis (flower)
- 14 grams of cannabis concentrate, such as oil, wax or vape cartridges
- 1 ounce of cannabis products, such as edibles
The adult limit does not depend on residency. Registered medical patients may possess more: 4 ounces of cannabis, 1 ounce of concentrate and 2 ounces of cannabis products under 19 V.I.C. § 779(b).
The act also caps edible strength. Edible cannabis products may not contain more than 100 milligrams of THC per unit of sale, and each single serving may hold no more than 10 milligrams, under the manufacturing provisions of Act 8680.
Amounts above the limit, and any unlicensed sale (19 V.I.C. § 779(d)), are not protected by the act.
Where You Can and Cannot Use Cannabis
The Cannabis Use Act does not protect anyone who consumes cannabis “in any public place or any place that is open to public use” unless the location holds a valid Adult Use Lounge Permit, Cannabis Use Permit or Temporary Cannabis Use Permit, under 19 V.I.C. § 807(a)(2). Using cannabis while operating public transportation is also excluded.
Not allowed
- Beaches, streets, parks and other public places
- Bars, restaurants and businesses open to the public, unless the site holds an OCR use permit
- Near cruise ship docks: the act bars displaying or transferring cannabis within set distances of the docks at Charlotte Amalie, Havensight, Crown Bay, Frederiksted and Cruz Bay
- Virgin Islands National Park on St. John and other federal land, where cannabis is illegal under federal law
Allowed
- Private residences, with the owner’s permission
- Venues holding an OCR lounge or event permit; the OCR posts a Cannabis Events Permit application
Employers do not have to allow cannabis use or work under the influence, under 19 V.I.C. § 783(n).
Buying Cannabis: Dispensary Licensing Status
The OCR awards a capped number of licenses per island through merit-based scoring.
- Cultivation: The OCR listed applicants approved for conditional commercial cultivation licenses as of October 16, 2025.
- Dispensaries: It listed applicants approved for conditional cannabis dispensary licenses as of January 15, 2026.
- Manufacturing: It posted approved manufacturing license applications on August 4, 2026, and an updated list of approved applicants and scores on September 29, 2026.
- Testing: In November 2025 the OCR sought bids for a testing laboratory.
A conditional license is not permission to open. As of October 2026 we found no OCR announcement that a licensed dispensary has begun adult-use sales. Unlicensed sellers are illegal. Check the OCR website before you buy.
The Virgin Islands Medical Cannabis Program
Patients register through the OCR’s Registry portal after an in-person exam by a practitioner, who must certify a qualifying condition under 19 V.I.C. § 780. Qualifying conditions in § 776 include glaucoma, HIV, hepatitis C, ALS, Crohn’s disease, Parkinson’s disease, PTSD, multiple sclerosis, autism, pain that would otherwise be treated with an opiate, and other conditions a practitioner certifies.
- Visitors can qualify. For medical purposes a resident is anyone who has lived in the territory more than 45 days. Certifications for residents last up to two years; for non-residents, up to six months, under § 780(h).
- Card fee: The application fee for a Medical Cannabis Patient Card may not exceed $50 under § 803(b).
Growing Cannabis at Home
The Cannabis Use Act does not give general adult users a right to grow. Two groups can:
- Resident medical patients may grow up to 6 flowering and 6 immature plants on private property with the landowner’s consent, with no more than 12 flowering and 12 immature plants at one address, under 19 V.I.C. § 779(c). The OCR may charge up to $100 a year.
- Sacramental users who belong to an OCR-certified religious organization and have lived in the territory for more than 45 days may apply to grow the same 6 flowering and 6 immature plants, under § 798(c).
Homegrown cannabis may not be sold.
Driving, Boating and Cannabis
The act does not protect anyone operating, navigating or in physical control of a motor vehicle, aircraft, train or motorboat while under the influence of cannabis, under 19 V.I.C. § 807(a)(3). The act sets no THC blood limit. For authorized users, impairment is not determined solely by cannabinoids in blood or urine, and courts must consider other evidence.
Airports, Cruise Ships, Ferries and Federal Land
Adult-use cannabis is still a Schedule I drug federally. TSA refers cannabis found at airport screening to police, and carrying cannabis on any flight is illegal under federal law.
The act lets the OCR write rules for moving cannabis between islands only for licensees, after seeking federal and local approval (§ 777). It gives travelers no right to carry cannabis on inter-island ferries or seaplanes.
About two-thirds of St. John is Virgin Islands National Park, federal land where cannabis is illegal no matter what territorial law says.
Cannabis Taxes in the Virgin Islands
Under 19 V.I.C. § 802:
- Dispensaries must charge a tax of no less than 18% on all cannabis sales. Resident qualified patients with a valid OCR card are exempt.
- Non-residents pay a $20 non-resident cannabis fee on each purchase, shown on the receipt. Residency for this fee means living in the territory for more than 45 days, shown by a Virgin Islands driver’s license, voter registration card or senior citizen ID.
Delta-8, THCA and Hemp Products
Hemp-derived CBD with no more than 0.3% delta-9 THC remains legal, with a permit required to sell or make it. Intoxicating hemp is a different story. Act 9072 (Bill 36-0105), passed January 12, 2026 and enacted January 23, 2026, made it unlawful to sell, possess or manufacture intoxicating hemp products or artificially derived cannabinoids without an OCR license or permit. The ban names THCA, delta-6, delta-8 and delta-10 THC, and products with any quantifiable THCA.
- Civil fines: $2,500 for a first violation, at least $5,000 for a second within 12 months.
- The act created a new Intoxicating Hemp/Artificially Derived Cannabinoid Retailer License. It cannot go to a gas station, convenience store or grocery store, and buyers must be 21 or older.
- Act 9079, signed March 26, 2026, gave retailers 60 days to report their stock of these products to the OCR and 75 days to sell or dispose of it.
- The OCR’s intoxicating hemp rules were still a public-comment draft when we checked.
Federal law is tightening too. H.R. 5371 (signed November 12, 2025) caps finished hemp products at 0.4 mg total THC per container and excludes converted cannabinoids, effective November 12, 2026 for synthetics and December 11, 2026 for naturally occurring cannabinoids.
Expungement
Section 3 of Act 8680 set up an Auto-Expungement working group and directs the Superior Court to expunge eligible cannabis possession and use convictions once the OCR’s report is issued. The OCR keeps an expungement resources page; confirm your own record with the Superior Court.
What Changed in Virgin Islands Cannabis Law Recently
- Intoxicating hemp ban (2026): Act 9072 (January) and Act 9079 (March), described above.
- Licensing (2025–2026): Conditional cultivation, dispensary and manufacturing approvals, with an updated approved-applicant list on September 29, 2026.
- Federal rescheduling (2026): In April 2026 the Justice Department moved marijuana held under a state medical marijuana license, and FDA-approved marijuana products, to Schedule III. Adult-use cannabis remains in Schedule I, and the DEA hearing on broader rescheduling was stayed on September 29, 2026. See our federal law guide.
From the editor, James Buddsey: The Virgin Islands allow 2 ounces, one of the highest limits under the U.S. flag, and still have no confirmed legal store. That gap is where visitors get into trouble. Until the OCR announces licensed sales, anyone selling on a beach or a dock is an unlicensed seller. In August 2026 the Office of Cannabis Regulation told lawmakers that licensed cultivation could begin within weeks and that at least two dispensaries might open before the end of 2026, once a product-testing laboratory is operating, as reported by Virgin Islands News Online.
U.S. Virgin Islands Marijuana Laws FAQ
Is weed legal in the U.S. Virgin Islands?
Yes, under territorial law. The Virgin Islands Cannabis Use Act (Act 8680), signed in January 2023, lets adults 21 and older possess up to 2 ounces of cannabis, 14 grams of concentrate and 1 ounce of cannabis products. Licensed retail sales had not been confirmed open as of October 2026.
Can tourists buy weed in St. Thomas or St. Croix?
Not yet, as far as official sources show. The OCR approved conditional dispensary licenses in January 2026, but we found no announcement that licensed sales have begun. Non-residents will pay a $20 fee per purchase.
How much weed can you carry in the Virgin Islands?
Adults 21 and older may possess up to 2 ounces of cannabis, 14 grams of concentrate and 1 ounce of cannabis products under 19 V.I.C. § 785. Registered patients may possess twice as much.
Can you smoke weed on the beach in the Virgin Islands?
No. The act does not protect consumption in any public place or place open to public use unless the site has an OCR lounge or use permit.
Can you grow cannabis in the Virgin Islands?
Only resident medical patients and registered sacramental users, with OCR approval: up to 6 flowering and 6 immature plants each. Other adults have no home-grow right.
Is delta-8 or THCA legal in the Virgin Islands?
No, not without an OCR license or permit. Act 9072, enacted January 23, 2026, bans unlicensed sale, possession or manufacture of THCA, delta-8, delta-10 and similar products.
Can visitors get a Virgin Islands medical cannabis card?
Yes. A non-resident certification, issued after an in-person exam, lasts up to six months, compared with two years for residents.
More Cannabis Law Guides
Compare the Virgin Islands with every state in our state-by-state cannabis law guides, or read our federal marijuana law guide.
Neighboring state guides: Puerto Rico · All state cannabis laws
General information about U.S. Virgin Islands cannabis law as of October 2026, not legal advice.