Texas Marijuana Dispensary Attorneys

Compassionate Use Program (Senate Bill 339) Checklist

• The bill requires DPS to license at least three dispensing organizations by Sept. 1, 2017
• DPS will begin accepting applications June 2017.

Texas Marijuana Dispensaries are governed currently by 37 Tex. Admin. Code 1, Chap. 12.

Application Process – SUBCHAPTER B

• Can be made through the department’s online application process (currently unavailable)

_____(b1)Proof of ownership

_____Certificate of Existence or Certificate of Authority (Tex. Office of Sec. of State)

_____Certificate of Good Standing (Tex. Compt. of Public Accounts)

(b2)All Required Fees – see below

_____(b3)Names, dates of birth, addresses of (personnel)

_____Directors

_____Managers

_____Employees

_____(b4)Criminal History – convictions/deferred adjudications – for:

_____Directors

_____Managers

_____Employees

_____(b5)Complete Registration Application for:

_____Directors

_____Managers

_____Employees

_____(b)(6)Evidence of Qualifications (at time of required onsite inspection)

_____Technical/Technological ability to:

_____Cultivate

_____Process

_____Dispense low THC cannabis evidence by experience in the areas of:

_____Cultivation, analytical organic chemistry, and micro-biology

_____Analytical Lab Methods

_____Patient education and interaction

_____Handling of confidential information (including familiarity with the requirements of Health Insurance Portability and Accountability Act (HIPAA)

_____Ability to Secure Premises

_____Description of all properties (intended for use to cultivate, process, dispense low-THC cannabis)

_____Ownership information for the properties

_____Description of proposed method to (low-THC production):

_____Cultivate

_____Process

_____Dispense low-THC cannabis

_____Description of worker safety equipment:

_____Type of

_____Location of

_____Plans/Procedures for compliance with workplace safety, including:

_____Federal Occupational Safety Regulations

_____Health Administration Regulations

_____List of Current and Proposed Staff including:

_____Positions

_____Duties and Responsibilities

_____Organizational Chart (illustrating supervisory structure of dispensing organization)

_____Description of (low-THC testing)

_____Proposed testing laboratory

_____Cannabis testing protocols and methods

_____Proposal illustrating patient ability to access premises through existing infrastructure.

______Ability to Maintain Products (raw materials, finished products, by products)

_____Floor Plans of Facilities including:

_____Locking options for all points of ingress/egress

_____Alarm Systems

_____Video Surveillance

_____Name, layout, function of each room

_____Storage (including safes/vaults).

_____Diversion prevention procedures

_____Emergency Management Plan

_____Low-THC tracking system (through cultivation, processing, dispensing)

_____Inventory Control System (see 12.8)

_____Record Keeping Procedures

_____Electronic Vehicle tracking systems

_____Vehicle Security systems

_____Method to screen and monitor employees

_____Personnel qualifications (including experience with chain of custody or other tracking mechanisms)

_____Waste Disposal Plan

_____Recall Procedures (for any product with a reasonable probability of causing adverse health consequences)

_____Access to specialized resources or expertise regarding data collection, security, and tracking

_____Infrastructure to Dispense Low-THC (patient privacy)

_____Map (showing location of facility with streets, property lines, buildings, parking areas, outdoor areas, fences, security features, fire hydrants, access to water and sanitation systems)

_____Floor plan of dispensing building (showing areas designed to protect patient privacy, areas designed for retail sales, proposed hours of operations)

_____HIPAA compliant computer network utilized by all facilities

_____Description identifying any vehicles to be used for transport

_____Description of all communication systems

_____Financial Ability

_____To maintain operations for two (2) years from the date of application evidenced by:

_____Applicant’s business organization and corporate structure (if applicable)

_____List of all owners

_____List of all shareholders (with greater than 10% ownership)

_____All individuals and entities with control over applicant

_____Projected two (2) year budget

_____Description of available assets sufficient to support the dispensing organization activities.

_____On-Site Inspection – Verify Evidence of Qualifications (b)6)

Note: this is done after the application and steps (b)(1) – (b)(5) have been submitted, but prior to approval.

_____IDs for directors, managers, employees

_____Fingerprints for directors, managers, employees

Note: IDs and fingerprints must be submitted with each new dispensing organization employee.

_____Required Application Fees

_____Application Fee = $6,000

Biennial renewal (every two years) = $6,000

_____Registration Fee = $150

Biennial renewal fee = $150