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RULE §12.31Security of Facilities

(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.

Source Note: The provisions of this §12.31 adopted to be effective January 10, 2016, 41 TexReg 494; amended to be effective March 15, 2017, TexReg 1146

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