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 D - SECURITY › Section 12.31 - Security of Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee
				  or applicant for licensure must maintain effective controls and procedures in
				  order to prevent unauthorized access, theft, or diversion of the low-THC
				  cannabis and any derivative products. The standards provided in this subchapter
				  are minimum standards only.
(b)
				  During the regular course of business activities, and except as provided by
				  subsection (d) of this section, a licensee may not allow access to the
				  facility's cultivation, processing, or product storage areas by unauthorized
				  individuals or to the public. All cultivation of low-THC cannabis shall take
				  place in an enclosed, secured building, or an enclosure within a building that
				  provides reasonably adequate protection against the diversion of low-THC
				  cannabis or raw materials used in or by-products created by the production or
				  cultivation of low-THC cannabis; limit access to each area to the minimum
				  number of individuals or employees necessary for the licensee's activities; and
				  designate an individual or a limited number of individuals with responsibility
				  for each area where a controlled item is cultivated, processed, dispensed,
				  produced, or stored; and authority to enter or control entry into the area.
				  Access to the enclosed, locked area is limited to a licensee, director, manager
				  or registered employee when acting in his or her official capacity.
(c) Access to the licensee's cultivation,
				  processing, or product storage areas by authorized employees shall at a minimum
				  be restricted by a physical barrier with a mechanical locking device compliant
				  with life safety requirements that must be kept closed and locked at all times
				  when not immediately being used to enter or exit the area. These areas shall be
				  clearly and conspicuously marked at all access points with signage indicating
				  access is restricted to individuals registered with the Texas Department of
				  Public Safety under Chapter 487 of the Texas Health and Safety Code, in
				  contrasting block letters at least one inch in height.
(d) When unregistered individuals, whether
				  employees or contractors, business guests or visitors, or maintenance or other
				  service providers not regulated under the Act, are to be present in or are to
				  pass through regulated premises, the unregistered individuals must be
				  continuously escorted by a registrant. Unregistered individuals must be
				  provided a visitor's badge reflecting the individual's name and the date of
				  issuance. All ingress and egress by unregistered individuals must be recorded
				  in a daily log. The log must include the full name of each unregistered
				  individual entering the regulated premises, the time of arrival, the time of
				  departure, and the purpose of the visit. The requirements of this subsection do
				  not apply to representatives of the department or other law enforcement
				  agencies of this state who tour the facility as part of their official
				  duties.
(e) Licensees must have an
				  alarm system capable of continuously monitoring the regulated premises for fire
				  and intrusion by means of camera recording, door switches, motion sensors, and
				  fire and smoke detectors. The system must have the capability of immediately
				  alerting local law enforcement of a fire at any time, of a security breach
				  during non-business hours, and of being manually activated by staff during
				  business hours. The camera monitoring system must be capable of recording at
				  least 90 days of footage to an external hard drive at a minimum resolution of
				  720 x 350, with camera coverage of all regulated areas, including all ingress
				  or egress areas, and the building exterior. Point of sale areas, if applicable,
				  must have a camera placed in a manner to provide visual identification of any
				  patient or legal guardian seeking to fill a prescription for low-THC cannabis.
				  Exterior lighting must be sufficient to support camera monitoring. The system
				  must comply with local city or county alarm permitting requirements. The system
				  must be capable of continuous function upon total power loss for a minimum
				  period of five (5) minutes.
(f)
				  Access to the licensee's cultivation, processing, or product storage areas must
				  be through a metal security door on a metal frame with hinges that are
				  protected from ingress. The metal door must have secure locking capability. The
				  door, door frame, and locking mechanism must be compliant with life safety
				  requirements. If the door utilizes magnetic locks, the lock must work
				  independently without exterior power. Post-cultivation low-THC cannabis
				  products must be stored in a locking safe or metal locking container, in
				  compliance with Title 21 Code of Federal Regulations, §1301.72.
(g) The licensee's cultivation, processing,
				  production, or raw material storage areas should have no windows unless the
				  windows are shatter resistant or burglar proof, or are reinforced with metal
				  bars or grates to prevent entry.
(h) In the event the licensee's facility
				  shares space, or has an adjacent building, the facility must ensure no mutual
				  access points exist, including ceiling or roof areas which would enable
				  unauthorized access from the adjacent structure.
(i) Final low-THC cannabis products and raw
				  materials, including plants in any stages of growth, may not be visible from
				  the exterior of the building during non-business hours.