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 12.3 - Criminal History Disqualifiers

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Registration as a director, manager or employee of a licensed dispensing
				  organization provides these individuals access to sensitive medical
				  information, drugs, and the equipment and raw materials needed to produce
				  drugs. Registration provides those predisposed to commit fraud, theft and drug
				  related crimes with greater opportunities to engage in such conduct and escape
				  detection or prosecution. Therefore, the department has determined that
				  offenses of the types detailed in subsection (b) of this section directly
				  relate to the duties and responsibilities of those who are registered under the
				  Act. Such offenses include crimes under the laws of another state or the United
				  States, if the offense contains elements that are substantially similar to the
				  elements of an offense under the laws of this state. Such offenses also include
				  those "aggravated" or otherwise enhanced versions of the listed
				  offenses.
(b) The list of offenses
				  in this subsection is intended to provide guidance only and is not exhaustive
				  of either the offenses that may relate to the regulated occupation or of those
				  independently disqualifying under Texas Occupations Code, §
										53.021(a)(2)
				  - (4). The listed offenses are general
				  categories that include all specific offenses within the corresponding chapter
				  of the Texas Penal Code and Texas Health and Safety Code. In addition, after
				  due consideration of the circumstances of the criminal act and its relationship
				  to the position of trust involved in the particular licensed occupation, the
				  department may find that an offense not described in this subsection also
				  renders an individual unfit to hold a registration. In particular, an offense
				  that is committed in one's capacity as a registrant under the Act, or an
				  offense that is facilitated by one's registration under the Act, will be
				  considered related to the regulated occupation and may render the individual
				  unfit to hold the registration.
(1)
				  Bribery--Any offense under the Texas Penal Code, Chapter 36.
(2) Burglary and criminal trespass--Any
				  offense under the Texas Penal Code, Chapter 30.
(3) Fraud--Any offense under the Texas Penal
				  Code, Chapter 32.
(4) Perjury--Any
				  offense under the Texas Penal Code, Chapter 37.
(5) Robbery--Any offense under the Texas
				  Penal Code, Chapter 29.
(6)
				  Theft--Any offense under the Texas Penal Code, Chapter 31.
(7) Organized Crime--Any offense under the
				  Texas Penal Code, Chapter 71.
(8)
				  Any offense under Texas Health and Safety Code, Chapters 481, 482, or
				  483.
(9) In addition:
(A) An attempt to commit a crime listed in
				  this subsection;
(B) Aiding and
				  abetting in the commission of a crime listed in this subsection; and
(C) Being an accessory before or after the
				  fact to a crime listed in this subsection.