(a) A dispensing organization that has been approved by the department to operate a satellite location must establish and maintain effective controls and procedures to prevent unauthorized access, theft, or diversion of any low-THC cannabis product to be dispensed at a satellite location. The dispensing organization must:
- (1) Establish a floor plan and a security plan to be submitted to the department for pre-approval;
- (2) Designate an enclosed locked area within the satellite location where low-THC cannabis product is stored that provides reasonably adequate security against theft and diversion; and
- (3) Designate an individual, or a limited number of individuals, with responsibility for and with the authority to enter or control entry into the enclosed locked area where low-THC cannabis product is stored.
- (b) During the regular course of business activities, and except as provided by subsection (c) of this section, a dispensing organization may not allow access to the facility's low-THC cannabis product storage area by unauthorized individuals or to the public. Only a licensee, director, owner, manager, member, or registered employee may access the enclosed locked area where low-THC cannabis product is stored. A dispensing organization must limit access to the low-THC cannabis product storage area to the minimum number of individuals or employees necessary for the licensee's activities.
- (c) When unregistered individuals, whether employees, contractors, business guests, visitors, or maintenance or other service providers not regulated under Texas Health and Safety Code, Chapter 487 or this chapter, are present in or 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 the representative's official duties.
- (d) Satellite locations 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.
- (e) A dispensing organization may not store or sell products at a satellite location that are not approved by the department under the Texas Compassionate Use Program.
- (f) All low-THC cannabis product stored at the satellite location must be secured in a locked restricted access area, unless in the process of being dispensed to a patient.
- (g) Any pick-up location previously approved by the department must meet the minimum satellite facility safety requirements as determined by the department under this section.
Source Note:The provisions of this §12.35 adopted to be effective October 29, 2025, 50 TexReg 7017.