What Are The Requirements For Obtaining A License To Operate A Marijuana Retail Dispensary in Texas?
At this time, it is illegal to operate a marijuana retail dispensary in Texas. Therefore, there are no requirements for obtaining a license to do so.
Are There Limitations On The Number Of Marijuana Retail Dispensary Licenses Issued in Texas?
Yes, there are limitations on the number of marijuana retail dispensary licenses issued in Texas. The Texas Compassionate Use Act limits the number of licensed dispensaries to no more than three per each licensed provider. Additionally, the state has also imposed a cap on the total number of dispensary licenses that can be issued. This cap is currently set at 50.
What Zoning Restrictions Or Location Requirements Apply To Marijuana Dispensaries in Texas?
Since marijuana is not legal for either recreational or medical use in Texas, there are no zoning restrictions or location requirements related to marijuana dispensaries in the state. Furthermore, there are no local or state laws in place that would permit the sale or distribution of marijuana in Texas.
What Types Of Marijuana Products Can Be Sold In Retail Dispensaries in Texas?
Retail dispensaries in Texas are limited to selling only low-THC cannabis products that are approved by the Texas Department of State Health Services. Low-THC products include oils, tinctures, pills, topical creams, and other products that contain no more than 0.5% THC by weight. The products must also contain an equal or greater amount of CBD. Retail dispensaries are not allowed to sell any form of marijuana flower, edibles, or concentrates.
Are There Specific Labeling And Packaging Requirements For Marijuana Products in Texas?
Currently, there are no specific labeling and packaging requirements for marijuana products in Texas. Since recreational marijuana is illegal in Texas, the state does not currently regulate cannabis-related products.
How Are Marijuana Prices Determined And Regulated in Texas?
The prices of marijuana in Texas are determined by the individuals or businesses selling it. As marijuana is illegal in the state of Texas, there is no regulation on the pricing of marijuana. The only regulation that exists in Texas regarding marijuana is that it is illegal to possess, manufacture, distribute, or supply it. This means that the illicit market for marijuana will determine the prices for marijuana in the state. Additionally, the prices for marijuana can vary depending on the quality and quantity of the product being sold.
What Are The Security And Surveillance Requirements For Marijuana Dispensaries in Texas?
Security and surveillance requirements for marijuana dispensaries in Texas are regulated by the Texas Department of Public Safety, and vary depending upon the type of facility. Generally, all dispensing facilities must:
1. Have an alarm system that is connected to a remote monitoring station 24 hours a day, seven days a week;
2. Install surveillance cameras that cover all access points to the facility and the areas where controlled substances are stored;
3. Provide clear lighting in all areas of the facility;
4. Have an up-to-date record keeping system that tracks all sales, transfers, and returns of controlled substances;
5. Install secure locks on all exterior doors and windows;
6. Prohibit alcohol or drug use on the premises;
7. Ensure that only authorized personnel have access to controlled substances;
8. Ensure that all employees receive training on the Texas Controlled Substances Act;
9. Submit an annual security plan to the Department of Public Safety for review and approval; and
10. Maintain a secure inventory system that records all sales and transfers of controlled substances.
Are There Restrictions On Advertising And Marketing Of Marijuana Products in Texas?
Yes, there are restrictions on advertising and marketing marijuana products in Texas. The Texas Department of State Health Services (DSHS) has issued rules and regulations that govern the advertising of marijuana products in Texas. These rules include that all advertising and marketing of marijuana products must be age-appropriate, must not be false or misleading, must not contain any images of minors or youth-oriented themes, and must not show any illicit activities associated with marijuana. In addition, DSHS requires all advertising for medical marijuana products to include a disclosure that the product contains THC and can cause impairment. Lastly, DSHS prohibits marijuana advertising on television, radio, and in print publications that are targeted to minors.
What Is The Minimum Age Requirement For Entering A Marijuana Dispensary in Texas?
At the present time, there is no legal age requirement for entering a marijuana dispensary in Texas, as marijuana is still illegal in the state.
Are There Restrictions On The Hours Of Operation For Marijuana Dispensaries in Texas?
Yes, there are restrictions on the hours of operation for marijuana dispensaries in Texas. Dispensaries are required to close by 10 p.m. and may not open before 9 a.m.
What Are The Tax Implications For Marijuana Retail Sales in Texas?
Marijuana is illegal at the federal level in the United States, so there are currently no tax implications for marijuana retail sales in Texas. The State of Texas does not recognize or tax the sale of marijuana, and no excise taxes are applied to the sale of cannabis products in the state. As such, marijuana retailers are not required to collect any taxes on sales of marijuana, and no taxes are due to the Texas Comptroller’s office.
How Are Marijuana Dispensaries Monitored And Inspected For Compliance in Texas?
Marijuana dispensaries are not permitted in the state of Texas. The possession, sale, and distribution of marijuana are illegal. Therefore, there is no state-authorized program for monitoring and inspecting for compliance within marijuana dispensaries.
What Training And Certification Requirements Apply To Dispensary Staff in Texas?
At this time, there are no state-level training or certification requirements for dispensary staff in Texas. However, individual employers may have their own requirements in place. Some employers may require dispensary staff to obtain certifications in areas such as dispensary operations and customer service. Additionally, some organizations offer specialized training for dispensary staff to become certified cannabis consultants.
Are There Specific Requirements For Record-Keeping And Inventory Control in Texas?
Yes, there are specific requirements for record-keeping and inventory control in Texas. According to Chapter 437 of the Texas Administrative Code, all businesses in the state of Texas must maintain proper records and inventory control systems. These records must include detailed information about the quantities of items ordered, received, stored, sold, disposed of, returned or damaged. They must also include details about their storage locations, expiration dates and lot numbers. Businesses must also keep a current inventory of their merchandise and supplies and record any changes to their inventory. Additionally, businesses must adopt best practices for security and control of their inventory.
What Penalties Or Consequences Can Dispensaries Face For Violating Regulations in Texas?
Penalties for violating regulations in Texas can vary depending upon the specific violations committed. Generally, dispensaries may face fines of up to $5,000 per violation and potential criminal charges, such as operating without a license, possession of controlled substances, or manufacturing marijuana. Additionally, law enforcement may seek the forfeiture of any cannabis products or paraphernalia related to the violation. Finally, the Texas Department of State Health Services may revoke the dispensary’s license or impose other sanctions.
Do Local Municipalities Have The Authority To Ban Or Regulate Marijuana Dispensaries Independently in Texas?
No, local municipalities in Texas do not have the authority to independently ban or regulate marijuana dispensaries. According to the Texas Compassionate Use Act, the Texas Department of Public Safety is responsible for regulating the dispensaries and any changes must be approved and authorized by the state legislature.
Is Home Delivery Of Marijuana Products Permitted, And Are There Specific Regulations For It in Texas?
No, home delivery of marijuana products is not permitted in Texas. The state does not recognize medical or recreational marijuana use, and marijuana is unlawful under both state and federal law. There are no specific regulations in Texas for home delivery of marijuana products.
What Are The Rules For Testing And Quality Control Of Marijuana Products Sold In Dispensaries in Texas?
At this time, Texas does not permit the sale of marijuana for recreational or medical use. As such, there are no rules for testing and quality control of marijuana products in the state.
Are There Restrictions On The Packaging And Sale Of Edible Marijuana Products in Texas?
Yes, there are restrictions on the packaging and sale of edible marijuana products in Texas. Under Texas law, edible marijuana products must be child-resistant and properly labeled with information such as the THC concentration, ingredients, and warnings. Furthermore, retailers must obtain special licenses to sell edible marijuana products and they must ensure that the products are not accessible to anyone under the age of 21.
How Does Our State Handle Reciprocity For Out-Of-State Medical Marijuana Patients In Dispensaries in Texas?
At this time, Texas does not have laws allowing out-of-state medical marijuana patients to access medical marijuana in dispensaries in Texas. Patients must be registered with the state of Texas to purchase medical marijuana products from a licensed facility.
English 
Spanish