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36TH LEGISLATURE OF THE VIRGIN ISLANDS COMMITTEE ON HOMELAND SECURITY, JUSTICE AND PUBLIC SAFETY The Honorable Senator Clifford A. Joseph, Chair of Committee Testimony Presented By The Honorable Justa E. Encarnacion, RN, BSN, MBA/HCM Commissioner of Health on Bill No. 36-0105 - An act amending Title 7 Virgin Islands Code, Chapter 13, Subchapter III by prohibiting the possession, sale, or manufacture of tetrahydrocannabinolic acid, delta-6 THC, delta-8 THC, and delta-10 THC products in the Virgin Islands and for other related purposes VIDOH Testimony on Bill No 36-0105 December 4, 2025 2 | P a g e Good day, Honorable Senator Clifford A. Joseph, Chair of the Committee on Homeland 1 Security, Justice and Public Safety; Vice Chair Honorable Senator Ray Fonseca; Committee and 2 non-Committee members; and all those viewing and listening. I am Justa “Tita” Encarnacion, 3 Commissioner for the Virgin Islands Department of Health. Joining me are Assistant 4 Commissioner Dr. Nicole Craigwell-Syms; Deputy Commissioner of Behavioral Health and 5 Substance Use, Renan Steele; and Director of Environmental Health Wanson Harris. 6 We are here to provide testimony on amendments to Bill No. 36-0105, which prohibits the 7 possession, sale, or manufacture of tetrahydrocannabinolic acid (THCA), delta-6 THC, delta-8 8 THC, and delta-10 THC products in the U.S. Virgin Islands. 9 We give recognition to the Environmental Health Division for its continued inspections of high- 10 risk businesses and its commitment to U.S. Food & Drug Administration (FDA) policies and 11 Virgin Islands Department of Health objectives. Their work is vital to keeping our community 12 safe. We also recognize the work of the Behavioral Health and Substance Use Team who cares 13 for and provides emergency intervention to those who experience adverse events associated with 14 the consumption of semi-synthetic cannabinoids derived from hemp. Thank you to the entire 15 Department of Health team for your dedication. We also thank Governor Albert Bryan Jr. and 16 Lieutenant Governor Tregenza A. Roach, Esq. for their continued leadership and support of our 17 mission: “To Reduce Health Risks, Increase Access to Quality Healthcare, and Enforce Health 18 Standards.” 19 Since our last testimony, the urgency surrounding this legislation has only intensified. Congress 20 recently passed a federal provision that bans nearly all hemp-derived consumer products 21 containing more than 0.4 milligrams of total THC per container. When it takes effect within the 22 next year, this measure will affect approximately 95% of the $28 billion dollar hemp retail 23 market and more than 300,000 jobs nationwide. Importantly, it begins to address one of our core 24 concerns: the unintended consequences of the 2018 Farm Bill. While that bill legalized hemp 25 under a narrow definition, it created a regulatory gap that manufacturers of synthetic and semi- 26 synthetic cannabinoids quickly exploited. 27 VIDOH Testimony on Bill No 36-0105 December 4, 2025 3 | P a g e The problem is not hemp itself, which has valid and lawful uses, but the unregulated intoxicating 1 derivatives being sold under its umbrella. Compounds such as delta-8, delta-10, THCA, and 2 delta-6 THC are produced through chemical conversions that can introduce contaminants and 3 dangerous byproducts. These substances generate psychoactive effects equal to or stronger than 4 cannabis, yet they routinely enter the market without oversight, testing requirements, age 5 restrictions, or safe packaging. 6 Reports from the CDC and FDA continue to warn of significant health risks tied to these 7 products, including dizziness, confusion, vomiting, hallucinations, contamination, and accidental 8 poisonings among children. These are often the result of packaging designed to mimic familiar 9 snacks. The long-term risks are even more troubling for adolescents, with research connecting 10 THC exposure to cognitive impairment, addiction, mental health disorders, and conditions such 11 as Cannabinoid Hyperemesis Syndrome. Edible products add an additional layer of danger due to 12 delayed onset and conversion into more potent metabolites, increasing the likelihood of 13 overdose. Many of these items are intentionally manufactured to resemble candy or snack foods, 14 making them particularly appealing to youth. A single accidental ingestion can result in 15 hospitalization or worse. Without clear regulatory standards, these substances circumvent 16 established cannabis safeguards and put children and other vulnerable groups, such as older 17 adults, at significant and avoidable risk. 18 The Virgin Islands Department of Health is prepared to implement Bill 36-0105 through a 19 coordinated, systems-driven approach. Using our existing Food Code authority, we will work in 20 partnership with the Department of Licensing and Consumer Affairs and the Offices of Hemp 21 and Cannabis Regulations to ensure consistent enforcement across the Territory. The 22 Environmental Health Division will incorporate compliance assessments into routine inspections 23 and will embargo prohibited products in accordance with Sections 3-202.12 and 3-201.11. We do 24 not support a grace period of any kind for retailers; immediate enforcement is both aligned with 25 federal requirements and essential to core public health principles. A comprehensive strategy 26 must extend beyond regulation to prevention. Responsible advertising is a critical safeguard, and 27 we urge industry partners and media outlets to refuse marketing practices that glamorize 28 intoxicating products or appeal to youth. Public-facing messaging should reinforce safe, legal, 29 and responsible behavior. 30 VIDOH Testimony on Bill No 36-0105 December 4, 2025 4 | P a g e Education remains one of our strongest tools for mitigating harm. Through partnerships with 1 schools, community organizations, and healthcare providers, the Department will deliver clear 2 and accessible information on product labeling, safe storage, and early signs of intoxication. This 3 approach ensures that Virgin Islanders, especially young people and families, are informed, 4 protected, and empowered to make safer decisions. 5 According to the U.S. Food and Drug Administration, THCA, delta-6 THC, delta-8 THC, and 6 delta-10 THC are not authorized for use in food of any kind. The FDA has made clear that there 7 is no scientific basis to classify these substances as “generally recognized as safe” (GRAS) or to 8 exempt them from federal food-additive requirements. Apart from three specific hemp-seed 9 ingredients, any food product containing these compounds is considered adulterated and in direct 10 violation of the Federal Food, Drug, and Cosmetic Act. The FDA has already issued multiple 11 warning letters to companies unlawfully marketing food and beverage products with delta-8 12 THC and CBD. Delta-8 THC is explicitly defined as an unapproved food additive, which means 13 any product containing it, or similar derivatives such as delta-10 or THCA, is adulterated under 14 federal law. 15 When these products are identified during routine inspections, the Department of Health has full 16 authority to act. Under Section 8-903.10, inspectors can issue hold orders and immediately 17 coordinate enforcement actions with the Department of Licensing and Consumer Affairs and the 18 Industrial Hemp Commission. No new infrastructure is required. Enforcement simply relies on 19 applying the food-safety tools already in place to protect Virgin Islands families from products 20 linked to more than 2,300 poison control cases nationwide, 41 percent of which involve children. 21 This legislation speaks directly to our responsibility to protect the most vulnerable among us. It 22 prioritizes public health, reduces youth access to intoxicating derivatives, and safeguards healthy 23 brain development during the most critical years. It also acknowledges the broader system-wide 24 strain these products have already created; including rising emergency room visits and 25 hospitalizations that have direct implications for our healthcare resources and our tourism 26 economy. By prohibiting the possession, sale, and manufacture of these substances, this bill 27 offers a decisive, preventive measure, one that strengthens community safety today and reduces 28 long-term dependency risks for future generations. 29 VIDOH Testimony on Bill No 36-0105 December 4, 2025 5 | P a g e Beyond enforcement, prevention demands responsible advertising and proactive education. The 1 Department of Health is committed to providing accurate information about the risks of hemp- 2 derived intoxicants and cannabis-related products. We call on industry partners, community 3 organizations, and media to reject marketing that glamorizes these substances or targets youth. 4 Messaging must promote safe, legal, and responsible practices. Education is equally critical. 5 Through school programs, public campaigns, and healthcare partnerships, we will equip Virgin 6 Islanders, especially youth and families, with knowledge on product labeling, safe storage, and 7 recognizing signs of intoxication. 8 In closing, innovation and economic opportunities cannot outweigh our responsibility to 9 safeguard public health. We respectfully recommend removing the 30-day grace period in its 10 entirety. Even a single day designated as a “grace period” creates unnecessary risk and potential 11 harm for our children and other vulnerable populations. To ensure the strongest protection, 12 implementapassage,enforcement should take effect immediately upon passage of this legislation. 13 This legislation provides the balanced approach our Territory needs, supporting economic 14 development while keeping health and safety at the forefront. States such as New York, 15 Colorado, and North Dakota have already moved to restrict or ban synthetic THC derivatives, 16 recognizing the risks these products pose. By moving this bill forward, the Virgin Islands aligns 17 itself with national best practices and reinforces a commitment to evidence-based policymaking. 18 The FDA has not approved delta-8, delta-10, or similar compounds for safe use in any form, 19 which makes timely local action both critical and necessary. 20 The Virgin Islands Department of Health remains steadfast in its mission to protect residents 21 from preventable harm. By supporting Bill No. 36-0105, the Legislature will meaningfully 22 reduce public-health risks, protect our youth, and strengthen the regulatory safeguards around 23 cannabinoid products. We thank Senator Joseph for his leadership in championing this bill, and 24 we urge the Committee to advance it with an amendment that removes, or significantly shortens, 25 the grace period for retailer compliance. The Department stands ready to collaborate with 26 lawmakers, community partners, and healthcare providers to ensure effective and responsible 27 implementation. 28 VIDOH Testimony on Bill No 36-0105 December 4, 2025 6 | P a g e Members of the Committee, thank you for your time, your diligence, and your commitment to 1 the health of the Virgin Islands. We are prepared to answer any questions. 2