Citing "the deadly tentacles of unchecked substance abuse," Gov. John deJongh Jr. on Friday signed into law a bill prohibiting the family of chemicals used to make intoxicants sold over the counter as bath salts and so-called "synthetic marijuana."
The bill, 30-0038, was sponsored by Sen. Sammuel Sanes and passed April 16 by the Senate.
The decision to sign the bill was announced in the governor’s letter to Senate President Shawn-Michael Malone. The letter of transmittal notes that under the Revised Organic Act, the governor’s action – either to sign the bills or veto them – was required by midnight Friday. The letter was issued Friday night. Copies of the bills acted on were not immediately available.
Bill 30-0038 gives a long list of chemical terms for the intoxicating components that are used in various combinations to create ostensibly legal intoxicants that can be sold over the counter. The same chemicals are sold as powdered "bath salts" and as a kind of scented potpourri marketed as "synthetic marijuana."
During Senate debate on the measure, Sanes said the chemicals are available openly over the counter in the territory. The governor said the new law will make it possible for police to act against people selling the compounds.
"Abuse of the so-called ‘designer’ series of drugs has plagued the nation for some time," deJongh wrote in his letter to the Senate president. "This bill is a positive step in identifying these substances in new ways that afford law enforcement the tools necessary to prosecute those who possess and use them. With it, the criminal element will be less able to avoid application of the law by continual tweaking of the drugs’ basic formulas."
Other measure approved by the governor included:
• Bill No. 30-0055, increasing the administrative fee for criminal defendants placed on probation from $200 to $500. DeJongh noted that the costs of supervision far exceed the current fee imposed.
• Bill 30-0082, a measure to shield businesses that sell alcohol to adults of drinking age from liability for the actions of the drinker unless the seller has reason to believe the buyer is addicted to alcohol.
While signing it, deJongh expressed certain reservations.
"The bill refers to a person who is ‘not of lawful drinking age,’ and as the Virgin Islands Code does not specifically establish a lawful drinking age in the territory, reference to it in the bill will potentially result in confusion and a frustration of its intent," he wrote. "Moreover, there is a host of unintended consequences that may result with the measures enactment in its current form, many related to the creation of impediments for the very businesses it is designed to protect."
Still, he wrote, "fostering a healthy climate for the territory’s businesses has long been a focus of this administration. Limiting the liability of businesses through a measure that places the blame for irresponsible personal behavior squarely where it belongs on the individuals is a positive step in that direction."
He also asked the Legislature to "take appropriate action" as it sees to establish a lawful drinking age.
• Bill 30-0084, postponing for one year implementation of a law mandating that school years start earlier and end before Christmas.
The governor vetoed bill 30-0070, a measure to require the Department of Agriculture to hire a marketing director. The governor said the measure is a "clear violation of the well-established doctrine of the separation of powers."
"A Legislature who directs an executive to take or refrain from taking a particular personnel action involving a position solely within the executive branch violates the very foundation of our democratic system of government. Therefore, I am constrained to express my continuing objection to violation of this doctrine by taking this action," deJongh wrote.
He also vetoed bill 30-0088, which would authorize the the Government Employees Retirement System to hire retirees to assist in implementation of its technologies project, while at the same time allowing them to draw on their retirement. The governor said the bill creates an unfair exception to the law precluding retirees from returning to government service while continuing to receive their retirement annuity.
He acknowledged receipt of a resolution passed by the Senate petitioning the U.S. Congress to pass pending legislation sponsored by Delegate Donna Christensen authorizing a $100 million grant to the V.I. Water and Power Authority to subsidize V.I. power bills and help convert its plants to cheaper liquefied natural gas and petroleum gas. However, he did not hold out great hopes for the effort, suggesting it’s not a very realistic hope.
"This measure may have the unfortunate effect of creating false expectations of federal rescue from our exorbitant energy costs," he said. "In an environment that is fraught with federal budget deficits and sequestrations, this effort is an unfortunate distraction from the path we must pursue locally to get our energy costs under control, put our fiscal house in order and set a course for long-term balancing of our budget going forward."
The governor also signed a handful of zoning measures, noting and creating several errors, but vetoed one such measure, noting that it fails to indicate the particular variance it attempts to grant. He urged the Senate to take the matter up again and correct the error, at which time he indicated he will sign it.
