| (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.
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