Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: The Department of Health and Senior Services
has the authority to establish security requirements for any premises licensed
or certified under Article XIV, Sections 1 and 2 of the Missouri Constitution.
This section provides the security requirements of all licensed or certified
medical and marijuana facilities.
(1) All medical and marijuana facility
licensees shall ensure the security of marijuana product and the facility,
including any offsite warehouses, by taking security measures and maintaining
security equipment as follows:
(A) Devices or
a series of devices to detect unauthorized intrusion, which may include a
signal system interconnected with a radio frequency method, such as cellular or
private radio signals, or other mechanical or electronic devices;
(B) Except in the case of outdoor
cultivation, exterior lighting to facilitate surveillance, which shall cover
the exterior of all buildings and the perimeter of the facility; and
(C) Electronic video monitoring, which shall
include video cameras with a recording resolution of at least 1920 x 1080p, or
the equivalent, capable of recording videos at a rate of at least fifteen (15)
frames per second, that operate in such a way as to provide continuous
monitoring and allow identification of people and activities in all lighting
levels, and that are capable of being accessed remotely at all times by the
department or a law enforcement agency in real time.
1. The use of motion detection as a method of
continuous monitoring is not permitted where marijuana product is or will be
present.
2. Remote access shall be
accomplished through https access or another department-approved
format.
3. Video cameras must
provide coverage of-
A. All facility building
entry and exit points, including windows;
B. All areas of the facility and facility
premises where marijuana is or will be present;
C. Each point-of-sale location;
D. All vaults or safes where marijuana
product is stored;
E. Any area on
facility premises, including offsite warehouses and transport vehicles, where a
seed-to-sale system or the state-wide track and trace system are
accessed;
F. The entire perimeter
of the facility, including at least twenty feet (20') of space around the
perimeter of an outdoor grow area; and
G. All marijuana product, from at least two
(2) angles, where it is grown, cultivated, manufactured, sampled for testing,
tested, stored, weighed, packaged, processed for sale, sold/distributed,
rendered unusable, disposed, or loaded for transport.
4. All activities subject to video camera
monitoring shall occur only in areas of the facility that are covered by the
required video monitoring.
5.
Licensees shall ensure that each video camera used pursuant to this section-
A. Includes a date and time generator which
accurately displays the date and time of recorded events on the recording in a
manner that does not significantly obstruct the recorded view;
B. Is installed in a manner that prevents the
video camera from being readily obstructed, tampered with, or disabled;
and
C. Is cabled and does not
solely operate via wifi.
6. Video recording equipment must also
include at least one (1) call-up monitor that is at least nineteen inches
(19").
7. Facilities must have a
printer capable of immediately producing a clear, color, still photo from any
video camera image.
8. Licensees
shall store recordings from the video cameras for at least sixty (60) days in a
secure location or through a service or network that allows for providing
copies of the recordings, in a department approved format, upon request and at
the expense of the licensee.
A. The licensee
shall provide the department with proof of a working storage mechanism upon
request of the department and at the expense of the licensee.
B. If the licensee changes its recording
storage mechanism, the licensee must provide the department with notification
of such change and proof that the new storage mechanism is capable of storing
all recordings for at least sixty (60) days within ten (10) days of said
change.
C. Video storage must be
encrypted.
9. Facilities
shall have a failure notification system that provides an audible and visual
notification of any failure in the electronic video monitoring system;
and
10. Facilities shall have
sufficient battery backup for video cameras and recording equipment to support
at least sixty (60) minutes of recording in the event of a power
outage.
(D) Controlled
entry to limited access areas, which shall be controlled by electronic card
access systems, biometric identification systems, or other equivalent means,
except that, in addition to these means, all external access doors shall be
equipped with a locking mechanism that may be used in case of power failure.
Access information shall be recorded, and all records of entry shall be
maintained for at least one (1) year;
(E) A method of immediate, automatic
notification to alert local law enforcement agencies of an unauthorized breach
of security at the facility;
(F)
Manual, silent alarms affixed at each point-of-sale, reception area, vault,
warehouse, and electronic monitoring station with capability of alerting local
law enforcement agencies immediately of an unauthorized breach of security at
the facility;
(G) Security film or
shatter-proof glass on glass doors and storefronts;
(H) If windows are in a limited access area,
the windows cannot be opened and must be designed to prevent intrusion or the
window is otherwise inaccessible from the outside; and
(I) Vaults must be secured in a manner that
prevents access to unauthorized individuals through both physical and
electronic security measures.
(2) Facility licensees shall establish and
follow policies and procedures-
(A) For
restricting access to the areas of the facility that contain marijuana product
to only facility agents who are employees, contractors, owners having access to
a medical or marijuana facility, and volunteers of the facility. Individuals
without an agent identification card may be present when necessary for
legitimate business purposes, if they sign in and sign out of a visitor log and
are escorted at all times by facility agents in a ratio of no less than one (1)
facility agent per five (5) visitors;
(B) For identifying persons authorized to be
in the areas of the facility that contain marijuana product;
(C) For identifying facility agents
responsible for inventory control activities;
(D) For monitoring the security for the
facility;
(E) For the use of the
automatic or electronic notification and manual, silent alarms to alert local
law enforcement agencies of an unauthorized breach of security at the facility,
including designation of on-call facility personnel to respond to, and to be
available to law enforcement personnel responding to any alarms; and
(F) For keeping local law enforcement and the
department updated on whether the facility employs armed security personnel and
how those personnel can be identified on sight.
(3) Medical and marijuana facility licensees
with outdoor or greenhouse cultivation spaces, or cultivation or manufacturing
facilities with multiple buildings in which cultivation or manufacturing are
conducted, shall construct an exterior barrier around the perimeter of the
facility that consists of a fence-
(A)
Constructed of nine (9) gauge metal or stronger chain link;
(B) That is at least eight (8) feet in height
from the ground to the top of the fence;
(C) Topped with razor wire or similar
security wire along the entire length of the fence;
(D) Screened such that an outdoor cultivation
area is not easily viewed from outside the fence; and
(E) That includes a secured gate that
complies with the same security standards as the fence, as well as a method for
controlling access through the gate.
(4) For any planned security outage, the
licensee shall notify the department at least twenty-four (24) hours prior to
the planned outage and provide a plan for facility and product security during
the outage. For a planned security outage occurring in fewer than twenty-four
(24) hours, the licensee shall notify the department as soon as a security
issue requiring an outage is discovered.
(5) Licensees shall notify the department
within twenty-four (24) hours after a security system malfunction is discovered
and shall make a reasonable effort to repair a malfunction of any security
equipment within seventy-two (72) hours after the malfunction is discovered.
(A) A malfunction occurs when any piece of
security equipment fails to work as designed or intended, for more than sixty
(60) seconds, either through defect, power outage, security breach, internet
outage, compromise, or other reason.
(B) If the electronic video monitoring used
pursuant to this section malfunctions, the licensee shall immediately provide
alternative video camera coverage or use other security measures until video
camera coverage can be restored, such as assigning additional supervisory or
security personnel, to provide for the security of the facility. If the
licensee uses other security measures, the licensee must immediately notify the
department.
(C) Each licensee shall
maintain a log that documents each malfunction and repair of the security
equipment of the facility. The log must state the date, time, and nature of
each malfunction; the efforts taken to repair the malfunction and the date of
each effort; the reason for any delay in repairing the malfunction; the date
the malfunction is repaired and; if applicable, any alternative security
measures that were taken. The log must list, by date and time, all
communications with the department concerning each malfunction and corrective
action. The facility shall maintain the log for at least one (1) year after the
date of last entry in the log.
(6) Each licensee shall employ a security
manager who shall be responsible for-
(A)
Conducting a semi-annual audit of all security measures.
1. The semi-annual audit shall be an
evaluation of the security of the facility, including warehouses, equipment,
procedures, and training, as well as the facility's compliance with this
rule.
2. Audits shall take place at
least five (5) months apart.
3.
Security audit records shall be kept for at least five (5) years;
(B) Training employees on security
measures, emergency response, and theft prevention and response within one (1)
week of hiring and on an annual basis;
(C) Evaluating the credentials of any
contractors or other individuals who intend to provide services to the facility
before the contractor or individual is hired by or enters into a contract with
the licensee; and
(D) Evaluating
the credentials of any third party who intends to provide security to the
facility before the third party is hired by or enters into a contract with the
facility.
(7) Each
licensee shall ensure that the security manager of the facility, any facility
agents who provide security for the facility, and the employees of any third
party who provides security to the facility have completed the following
training:
(A) Training in theft prevention or
a related subject;
(B) Training in
emergency response or a related subject;
(C) Training in the appropriate use of force
or a related subject that covers when the use of force is and is not
necessary;
(D) Training in the
protection of a crime scene or a related subject;
(E) Training in the control of access to
protected areas of a facility or a related subject;
(F) Not fewer than eight (8) hours of
training at the facility in providing security services; and
(G) Not fewer than eight (8) hours of
classroom training in providing security services.