Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 12.2 - Requirements and Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee
				  may only perform regulated functions at a department approved location. Any
				  change in location must be approved by the department prior to operation in a
				  regulated capacity.
(b) Licensees
				  shall notify the department within five (5) business days of a registrant's
				  termination of employment.
(c) All
				  licensees shall display in a conspicuous location a copy of the department
				  issued license and information on how to submit a complaint to the
				  department.
(d) Licensees must
				  establish and implement a drug-free workplace policy consistent with the Texas
				  Workforce Commission's "Drug-Free Workplace Policy," and shall maintain in each
				  registrant's file a copy of the company's policy signed or otherwise
				  acknowledged by the registrant.
(e)
				  Licensees and registrants must cooperate fully with any inspection or
				  investigation conducted by the department, or by a state fire marshal, or local
				  designee of the state fire marshal, including but not limited to the provision
				  of any laboratory test results, employee records, inventory and destruction
				  records, or other records required under the Act or this chapter, and the
				  compliance with any lawfully issued subpoena.
(f) Licensees and registrants may not
				  cultivate, process, or dispense low-THC cannabis or possess any raw material
				  used in or by-product created by the production or cultivation of low-THC
				  cannabis if the respective license or registration has expired, or has been
				  suspended or revoked.
(g) Licensees
				  and registrants may not dispense to an individual other than a patient for whom
				  low-THC cannabis is prescribed under Chapter 169, Occupations Code, or the
				  patient's legal guardian.
(h)
				  Licensees and registrants may not permit or fail to prevent the diversion of
				  any controlled substance.
(i) Those
				  registered with the department as directors, managers, or employees of a
				  licensed dispensing organization may only perform functions regulated under the
				  Act for the licensee(s) with whom they are registered.
(j) If arrested, charged, or indicted for a
				  criminal offense above the level of Class C misdemeanor, a registrant shall
				  within seventy-two (72) hours notify the employing licensee. When notified by
				  the registrant or otherwise informed, the licensee shall notify the department
				  in writing (including by email) within seventy-two (72) hours of notification.
				  The notification shall include the name of the arresting agency, the offense,
				  court, and cause number of the charge or indictment. The registrant and
				  licensee must supplement their respective notifications as further information
				  becomes available.
(k) Registrants
				  must carry on their person or otherwise display their department issued
				  registration card while performing any functions regulated under the Act
				  involving contact with or exposure to patients or the general public, including
				  the dispensing of low-THC cannabis to patients and the transportation of
				  low-THC cannabis on behalf of a licensee.
(l) All advertisements for functions
				  regulated under the Act must contain the dispensing organization's license
				  number in a font of the same size as the primary text of the
				  advertisement.
(m) Licensees must
				  comply with all applicable local, state and federal regulations and permitting
				  requirements relating to air and environmental quality, advertising, business
				  and occupancy, building, plumbing, electrical, fire safety, noise, and odor or
				  other nuisances. This subsection does not require compliance with a regulation
				  that conflicts with the Act or this chapter.
(n) Licensees must use applicable best
				  practices to limit contamination of the product including but not limited to
				  residual solvents, metals, mold, fungus, bacterial diseases, rot, pests,
				  pesticides, mildew, and any other contaminant identified as posing potential
				  harm.
(o) Licensees must have a
				  plan for establishing a recall of their products in the event a product is
				  shown by testing or other means to be, or potentially to be, defective or have
				  a reasonable probability that their use or exposure to will cause adverse
				  health consequences. At a minimum, the plan should include the method of
				  identification of the products involved; notification to the processing or
				  dispensing organization or others to whom the products were sold or otherwise
				  distributed; and how the products will be disposed of if returned to or
				  retrieved by the licensee.
(p)
				  Licensees shall retain the registration card of all terminated registrants for
				  two (2) years after termination, unless the card is seized or destroyed by
				  department personnel.
(q) Licensees
				  shall maintain commercial general liability insurance coverage, as described in
				  §
										12.11 of
				  this title (relating to Application for License), and maintain current proof of
				  such insurance on file with the department.
(r) Licensees' regulated premises must
				  annually pass an inspection conducted by the state fire marshal or local
				  designee of the state fire marshal. Proof of the passing inspection must be
				  submitted to the department on a form approved by the department.
(s) Licensees' regulated premises shall be
				  protected by a fire alarm and sprinkler system that complies with local
				  ordinances and applicable Texas Department of Insurance administrative rules,
				  28 TAC Chapter 34, concerning State Fire Marshal.
(t) Licensees shall install an exterior
				  wall-mounted building key safe at the main entrance to any processing facility,
				  to enable emergency access for fire departments and emergency medical
				  services.
(u) To the extent there
				  is a conflict between the requirements of this chapter, or a conflict between
				  this chapter and the Act, the more restrictive requirement governs. To the
				  extent any requirement of this chapter or the Act conflicts with a regulation
				  incorporated herein, this chapter or the Act shall govern.
(v) Research or development beyond that which
				  is necessary for the cultivation or production of low-THC cannabis is
				  prohibited.
(w) Only low-THC
				  cannabis may be dispensed or sold. By-products must be destroyed.
(x) Registrants must be at least twenty-one
				  (21) years of age at the time of application.