Drugs (Prevention of Misuse) Act (Revised 2020)

Summary

This is the Virgin Islands Drugs (Prevention of Misuse) Act, a general criminal statute (not a financial services rule) that controls the importation, production, supply, possession and cultivation of controlled drugs. It establishes a National Drug Advisory Council, classifies drugs (Class A, B, C) in Schedule 2, creates a licensing regime for otherwise unlawful drug-related activities, and sets out offences, search/arrest powers and penalties in Schedule 3.

• Prohibited activities: Importing, exporting, producing, supplying or possessing controlled drugs, and cultivating cannabis, are unlawful except under a licence or authority issued by the Minister or under regulations made under the Act.
• Licensing and directions: The Minister may issue licences/authorities for otherwise unlawful activities and may direct practitioners (doctors, dentists, druggists, veterinary practitioners) convicted of certain offences, or in other specified cases, to be prohibited from prescribing, supplying or possessing controlled drugs.
• Information and search powers: The Minister/authorities may require doctors and others to supply information in certain circumstances; officers have powers to search, seize, arrest and detain persons, premises and conveyances suspected of drug offences.
• Offences and penalties: Schedule 3 sets out a detailed table of offences (e.g. unlawful production, supply, possession, cultivation, drug trafficking, contravening licence terms or Ministerial directions, giving false information, obstructing search powers) with summary and indictment penalties varying by drug class.
• Forfeiture: Controlled drugs and conveyances used in connection with offences may be seized, retained and forfeited.

The Act applies generally to any person in the Virgin Islands (not to a specific class of financial services licensee), with particular provisions singling out medical/veterinary practitioners, chemists and druggists, and premises occupiers. It does not itself impose recurring compliance filings; its obligations are criminal-law prohibitions and licensing conditions rather than periodic regulatory reporting duties.

Key obligations

• Persons must not import or export a controlled drug except under and in accordance with a licence issued by the Minister or an applicable exception under regulations.
• Persons must not produce, supply or offer to supply a controlled drug except as permitted under regulations made under section 9.
• Persons must not possess a controlled drug except where lawfully permitted, and must be able to justify possession or face a reversed burden of proof above specified drug-quantity thresholds.
• Persons must not cultivate cannabis except as permitted under regulations; property owners/occupiers may be deemed guilty if cannabis is found growing on their property unless they prove lack of knowledge.
• Practitioners subject to a Ministerial direction under sections 14 or 15 must comply with restrictions on prescribing, supplying or possessing controlled drugs.
• Doctors and others must supply information when required by notice under section 17, and must not give false information in response.
• Persons holding a licence or authority under the Act must comply with its conditions and must not misstate information to obtain or renew a licence.
• Occupiers of premises must not knowingly permit certain drug-related activities to take place there.

Applies to

medical practitioners (doctors, dentists, druggists, veterinary practitioners), chemists and druggists, holders of licences or authorities to deal in controlled drugs, occupiers or persons in control of premises, members of the public / any person subject to the criminal law of the Virgin Islands