Facility information and Requirements

February 1, 2023

1. Are applicants required to own, purchase or lease land and building structures prior to submitting a dispensing organization license application?

No. The application requires descriptions of all property's applicant proposes to utilize.  A letter of intent with detailed information about the proposed location and any building structures will be accepted.

2. Is a licensed dispensing organization limited on the number of dispensing sites or locations?

Yes. All cultivation, processing and dispensing must be performed at a single location.  Remote pickup locations are authorized so long as the product has already been dispensed and labeled for the receiving patient and the products are not stored overnight.

3. Can local governments prohibit the operations of a license dispensing organization?

No. A municipality, county, or other political subdivision many not enact, adopt, or enforce a rule, ordinance, order, resolution, or other regulation that prohibits the cultivation, production, dispensing, or possession of low-THC cannabis, as authorized by this chapter. Texas Health and Safety Code Sec. 487.201

4. Is delivery to patients authorized?

Yes. Deliveries may only be made by registered employees of the dispensing organization.  Delivery vehicles must meet the security requirements provided in Texas Administrative Rule §12.32.  

Remote pickup locations are authorized as an extension of delivery services, so long as the product has already been dispensed and labeled for the receiving patient and the products are not stored overnight.

5. Is cultivation only allowed indoor or can plants be grown outside?

All cultivation of low-THC cannabis shall take place in an enclosed, secured building, or an enclosure within a building.  See Texas Administrative Rule §12.31.