Texas Marijuana Dispensary Attorneys
Texas Marijuana Dispensary Application and Permits
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)
_____(b4)Criminal History – convictions/deferred adjudications – for:
_____(b5)Complete Registration Application for:
_____(b)(6)Evidence of Qualifications (at time of required onsite inspection)
_____Technical/Technological ability to:
_____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):
_____Dispense low-THC cannabis
_____Description of worker safety equipment:
_____Plans/Procedures for compliance with workplace safety, including:
_____Federal Occupational Safety Regulations
_____Health Administration Regulations
_____List of Current and Proposed Staff including:
_____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
_____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
_____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
The attorneys at the Adamo and Adamo Law Firm can guide you through the Texas Marijuana Dispensary Application ensuring you receive a valid permit licensed by the State of Texas.
In addition, we can assist you with marijuana dispensary plans, facility plans, environmental plans, financial plans, fire safety plans, inventory control plans, operation plans, and much more.
Get ahead of the game, contact our law firm now and get started on your new business investment.