Senate committee advances amended ban on intoxicating hemp derivatives; agencies urge quick enforcement and unified oversight

The Senate committee voted on Dec. 4 to advance an amended version of Bill 36‑0105, which would prohibit possession, sale or manufacture of certain intoxicating hemp derivatives including tetrahydrocannabinolic acid (THCA), delta‑6, delta‑8 and delta‑10 tetrahydrocannabinol products. The measure passed committee on a roll call recorded as 6 yeas, 1 absent and was forwarded to the Rules and Judiciary Committee for further consideration.

Justa Ortita Encarnacion, commissioner of the Virgin Islands Department of Health, urged the committee to remove any retailer grace period and to begin enforcement immediately. She cited federal and national warnings about synthetic and semi‑synthetic cannabinoids and said: "Immediate enforcement is both aligned with federal requirements and essential to core public health principles." The Department of Health described acute incidents tied to these products (dizziness, vomiting, hallucinations) and said approximately 41 percent of national poison‑control reports involving these products have affected children; the department offered to use existing food‑safety authority to embargo adulterated or unapproved products.

Joanne Moorehead, executive director of the Office of Cannabis Regulation (OCR), supported the bill’s policy intent but warned that splitting regulatory responsibilities between the Industrial Hemp Commission and OCR risks confusion. OCR recommended consolidating oversight for intoxicating cannabinoids under OCR, adopting the federal "total‑THC" definition (a 0.4 mg per container limit established in recent federal appropriations law), and extending the rule‑making window from 90 to 120 days to ensure workable regulations.

Assistant Commissioner Horace Graham of the Department of Licensing and Consumer Affairs supported the bill with technical refinements: permit and testing requirements, ISO‑certified laboratory testing (including accredited labs in Puerto Rico) and a clear interagency MOU requiring joint inspections, seizure protocols and data sharing. Enforcement officials reported that late‑night inspections have been conducted and that citations have been issued where products sold as food or beverages contravened food‑safety standards.

Attorney General Gordon Wray told the committee the Department of Justice supports the bill and advised aligning the territorial statute with the federal standard to reduce the risk of future legal conflicts. He also noted that recent federal law (agriculture appropriations act enacted Nov. 2025) changes the federal definition of hemp and excludes chemically converted cannabinoids from the hemp category; federal enforcement is scheduled to begin in November 2026.

The committee adopted an amendment in the nature of a substitute offered by sponsor Senator Clifford A. Joseph Sr. The amendment tightens definitions, assigns regulatory responsibilities and prescribes penalties and licensing paths for retailers. Under the amended language, civil fines for violations were described in committee testimony (example fines cited during Q&A included $2,500 for a first civil fine and at least $5,000 for a second offense; repeat violations could bring license revocation). Committee members asked agencies to coordinate on implementation timelines and urged urgent enforcement to reduce juvenile exposure and acute harms. The bill was reported favorably by the committee and will now be considered by Rules and Judiciary.