Virgin Islands

Mandatory Minimum Sentence
Decriminalization

Laws, Limits and Penalties

Offense Penalty Incarceration   Max. Fine  
Possession
1 oz or less civil offense N/A $ 200
More than 1 oz (first offense) not classified 1 year $ 5,000
More than 1 oz (subsequent offense) not classified 2 years $ 10,000
Distribution or Cultivation
Any amount (first offense) not classified 5 years $ 15,000
Any amount (subsequent offense) not classified 10 years $ 30,000
To a minor (first offense) not classified 15 years $ 60,000
To a minor (subsequent offense) not classified 30 years $ 90,000
50 - 200 lbs not classified 3 years* $ 25,000
201 - 1000 lbs not classified 5 years* $ 50,000
More than 1000 lbs not classified 15 years* $ 200,000
Within 1000 ft of a school, university, park, or beach is punishable by an additional mandatory minimum sentence of 2 years imprisonment.
Includes possession with intent to distribute
* Mandatory minimum sentence
Hash & Concentrates
Trafficking 1 - 10 lbs not classified 3 years* $ 25,000
Trafficking 10 - 100 lbs not classified 5 years* $ 50,000
Trafficking more than 100 lbs not classified 15 years* $ 200,000
*Mandatory Minimum Sentence
Penalties for hashish and marijuana are generally treated equally under the law with the exception of Trafficking.
Paraphernalia
Use or possession with intent to use paraphernalia not classified 1 year $ 5,000
Distribution or possession with intent to distribute paraphernalia not classified 3 years $ 15,000
Civil Asset Forfeiture
All containers and all vehicles used for possession or distribution are subject to forfeiture.

Details

Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

Decriminalization

The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

Mandatory Minimum Sentence

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.