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| Marijuana Laws in Virgin Islands | |||
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| POSSESSION | |||
| Any amount (first offense)* | misdemeanor | 1 year | $5,000 |
| Any amount (second offense) | felony | 2 years | $10,000 |
| Conditional discharge available. | |||
| TRAFFICING | |||
| 50 to 200 lbs | felony | 3 years MMS** | $25,000 |
| 200 to 1,000 lbs | felony | 5 years MMS** | $50,000 |
| 1,000 lbs or more | felony | 15 years MMS** | $200,000 |
| To a minor | felony | double penalty | double penalty |
| Within 1,000 feet of a school or specified areas | felony | 2 years MMS** | N/A |
| SALE OR CULTIVATION | |||
| 50 lbs or less (first offense) | felony | 5 years | $15,000 |
| 50 lbs or less (subsequent offense) | felony | 10 years | $30,000 |
| To a minor | felony | double penalty | double penalty |
| Within 1,000 feet of a school or specified areas | felony | 2 years MMS** | N/A |
| **Mandatory minimum sentence. | |||
| MISCELLANEOUS | |||
| Paraphernalia possession or use | misdemeanor | 1 year | $5,000 |
| Paraphernalia manufacture, delivery or sale | felony | 3 years | $15,000 |
| DETAILS | |||
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Possession of marijuana is punishable by up to one year in jail and a fine up to $5,000 for the first offense. For the second offense, the penalty increases to a possible two years in prison and a fine up to $10,000. For first time offenders, conditional discharge is available. The sale or delivery of a small amount of marijuana for no remuneration is treated as possession and punished as such. The manufacture, sale or delivery of 50 pounds or less of marijuana is punishable by up to five years in prison and a fine up to $15,000 for the first offense and by up to 10 years in prison and a fine up to $30,000 for subsequent offenses. Any manufacture, sale or delivery greater than 50 pounds is considered trafficking. All trafficking convictions carry a mandatory minimum sentence. For greater than 50 pounds the mandatory minimum sentence is three years in prison and a fine up to $25,000. For 200 pounds or more, the mandatory minimum sentence is five years in prison and a fine up to $50,000. For manufacture, sale or delivery of any amount of 1,000 pounds or more, the punishment is a mandatory minimum sentence of 15 years in prison and a fine up to $200,000. Any sale or delivery to a minor doubles the possible penalties. Any sale within 1,000 feet of a school, public park, playground or public beach adds an additional two-year mandatory minimum to the sentence. The use or possession of paraphernalia is punishable by up to one year in jail and a fine up to$5,000. The manufacture, delivery of sale of paraphernalia is punishable by up to three years in prison and a fine up to $15,000. |
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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. 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. |
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