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36TH LEGISLATURE OF THE VIRGIN ISLANDS COMMITTEE ON HOMELAND SECURITY, JUSTICE, AND PUBLIC SAFETY The Honorable Senator Clifford A. Joseph, Sr. Chair of Committee Testimony Presented By The Honorable Justa E. Encarnacion, RN, BSN, MBA/HCM Commissioner of Health on VIDOH Testimony on Bill No 36-0105 September 4, 2025 2 | P a g e Good day, Honorable Senator Clifford A. Joseph, Sr., Chair of the Committee on Homeland 1 Security, Justice, and Public Safety; Vice Chair Senator Ray Fonseca; Committee and non- 2 Committee members; and those of you viewing and listening. I am Justa Encarnacion, 3 Commissioner of the Virgin Islands Department of Health. Also joining me today are Assistant 4 Commissioners Dr. Nicole Craigwell-Syms and Reuben Molloy; Chief Legal Counsel Mackiesh 5 Taylor-Jones; and Deputy Commissioner of our Behavioral Health Services Renan Steele. 6 I would like to take a moment to highlight the Environmental Health Division team which 7 continues to inspect high-risk businesses with high impact on our community members. Their 8 dedication to the goal and objectives of the VI Department of Health and more specifically the 9 policies and mandates identified by the Food and Drug Administration (FDA) is admired and 10 appreciated. A big thank you goes out to all of the members of the VIDOH Team for the work they 11 do every day to keep our community healthy and safe. We would also like to thank the Honorable 12 Governor Albert Bryan, Jr., and the Honorable Lieutenant Governor Tregenza Roach for their 13 continued support of our mission We would also like to thank the Honorable Governor Albert 14 Bryan, Jr., and the Honorable Lieutenant Governor Tregenza A. Roach for their continued support 15 of our mission which is "To Reduce Health Risks, Increase Access to Quality Healthcare and Enforce Health 16 Standards". 17 Thank you for the opportunity to testify on Bill No. 36-0105 - An act amending Title 7 of the 18 Virgin Islands Code, Chapter 13, Subchapter III by prohibiting the possession, sale, or manufacture 19 of tetrahydrocannabinolic acid (THCA), delta-6 THC, delta-8 THC and delta-10 THC products in 20 the U.S. Virgin Islands and for other related purposes. 21 While delta-9 THC the primary psychoactive component of cannabis has long been 22 regulated, other derivatives like delta-6, delta-8, and delta-10 THC are increasingly being 23 marketed and sold as legal alternatives. Many of these products are manufactured synthetically, 24 often using unregulated chemical processes, and can pose serious risks to consumers. 25 Recent reports from the Center for Disease Control and Prevention (CDC) and the FDA 26 underscore the dangers associated with these products, including increased reports of adverse 27 health effects, such as dizziness, confusion, vomiting, and hallucinations, contamination risks 28 from untested manufacturing processes, and accidental poisonings among children and 29 adolescents due to misleading packaging and labeling. The potential for addiction, cognitive 30 impairment, and long-term neurological harm makes proactive legislation essential. 31 VIDOH Testimony on Bill No 36-0105 September 4, 2025 3 | P a g e The dangers delta-8 and similar derivatives pose to children cannot be overstated. Too often, these 1 products are packaged and marketed to resemble candy, snacks, or soft drinks deliberately 2 designed to entice young people. One moment of accidental ingestion could result in 3 hospitalization or worse. Without clear regulatory frameworks, these products circumvent existing 4 cannabis controls and put our children at considerable risk of early exposure. 5 The Department of Health is fully prepared to implement Bill 36-0105 through our existing 6 regulatory infrastructure and Food Code authority. Our Environmental Health Division currently 7 conducts routine inspections at retail food establishments across the territory, and we will integrate 8 enforcement of this prohibition into these established protocols. Under Food Code Sections 3- 9 202.12 and 3-201.11, we have clear authority to embargo and remove products containing 10 unapproved food additives from retail establishments. 11 The FDA has explicitly classified delta-8 THC as an unapproved food additive, making any food 12 product containing these substances adulterated under federal law. When our inspectors identify 13 delta-8, delta-10, or THCA products during routine inspections, we can immediately issue hold 14 orders under section 8-903.10 and coordinate with the DLCA and the Industrial Hemp 15 Commission for follow-up enforcement actions. This approach requires no additional 16 infrastructure or policy changes. It is simply the application of the established food safety standards 17 to protect Virgin Islands families from products that have generated over 2,300 poison control 18 calls nationwide, with 41% involving children. The Department stands ready to begin enforcement 19 immediately upon passage of this legislation. 20 This legislation recognizes the paramount responsibility we hold: to protect our youngest and most 21 vulnerable. It draws a clear line, ensuring that no economic interest can override the duty to 22 safeguard our children and families. Prevention must come before a crisis. By prohibiting 23 possession, sale, and the manufacture of these substances, if passed, this legislation can reduce 24 youth access, protect brain development, and decrease the likelihood of future dependency issues. 25 Beyond regulation and enforcement, prevention requires responsible advertising and proactive 26 community education. The Department of Health is committed to leading efforts that ensure the 27 public receives accurate, transparent information about the risks associated with hemp-derived 28 intoxicants and all cannabis-related products. 29 30 VIDOH Testimony on Bill No 36-0105 September 4, 2025 4 | P a g e We call upon industry partners, community organizations, and media outlets to join us in 1 rejecting marketing practices that glamorize or misrepresent these substances. Advertisements 2 must never target youth or vulnerable populations, nor should they obscure the 3 potential harm. Instead, messaging should reinforce safe, legal, and responsible use while 4 discouraging misuse. 5 6 Equally important is education. Through school-based programs, public awareness campaigns, 7 and partnerships with healthcare providers, we can equip Virgin Islanders especially our 8 youth and families with the knowledge to make informed choices. Education about product 9 labeling, safe storage in the home, and recognition of signs of intoxication will strengthen 10 community resilience and reduce preventable harm. 11 12 In closing, we must continue to foster innovation and economic opportunity, but never at the 13 expense of public health. This bill strikes the right balance: supporting economic development 14 while standing firm against unsafe and unregulated products. Several U.S. jurisdictions, 15 including New York, Colorado, and North Dakota, have already acted to restrict or ban synthetic 16 and semi-synthetic THC derivatives due to similar concerns. Supporting this bill aligns the 17 Virgin Islands with national public health best practices and demonstrates our commitment to 18 evidence-based policymaking. Furthermore, the FDA has not evaluated or approved delta-8, 19 delta-10, or related compounds for safe use in any context. Given the lack of federal oversight, 20 local action is both necessary and urgent. 21 The Virgin Islands Department of Health is committed to protecting the health and well-being of 22 our residents. By supporting Bill No. 36-0105, the Legislature will take a crucial step toward 23 reducing public health risks, protecting our youth from early substance exposure, and ensuring 24 safer, evidence-driven policies around cannabinoid regulation. Our Department is prepared to 25 work together with the Legislature and our partner agencies to build upon the progress made and 26 strengthen our systems. 27 We thank the sponsor of this bill for his proactive leadership and urge the Committee to advance 28 this measure. The VI Department of Health stands ready to work with lawmakers, community 29 partners, and healthcare providers to ensure its effective implementation. 30 VIDOH Testimony on Bill No 36-0105 September 4, 2025 5 | P a g e Mr. Chair, Committee and non-committee members, thank you for your time, attention, and 1 unwavering commitment to the health and well-being of our community. We welcome your 2 questions and remain available to provide any additional information or support as needed. 3