Current through Rules and Regulations filed through August 15, 2024
Rule 351-4-.03 - Security(1) A production licensee is responsible for the security of all regulated cannabis on the premises, including providing adequate safeguards against theft or diversion of regulated cannabis.(2) A production licensee shall have a comprehensive security system to prevent and detect diversion, theft, or loss of regulated cannabis utilizing commercial grade equipment, which shall, at a minimum, include: (a) An alarm system which provides: 5. Sensors at all possible points of entry into the facility to include all doors, windows, roof hatches, and skylights.(b) A surveillance system that includes: 2. Video cameras in all areas that contain regulated cannabis and at all points of entry and exit, which shall be appropriate for the normal lighting conditions of the area under surveillance. (i) A production licensee shall direct video cameras at: (I) All safes and vaults;(II) All areas where regulated cannabis is being propagated, cultivated, harvested, manufactured, stored, or handled;(III) Regulated cannabis waste processing and storage areas;(IV) All restricted access areas;(V) The entrance to the video surveillance room;(VI) Shipping and receiving area;(VII) All parking lots; and(VIII) Entry and exit points to ensure that cameras are angled to capture a clear and certain identification of all persons entering or exiting the facility and at all perimeter controlled access points.(ii) Video cameras shall operate twenty-four (24) hours a day, seven (7) days a week, recording interior and exterior, which the production licensee shall make available for viewing upon request by the Commission or its employees and shall retain all recordings for at least forty-five (45) days. (I) Editing or altering the recordings at any point is strictly prohibited.(II) The physical media or storage device on which surveillance recordings are stored shall be secured in a manner to protect the recording from decay, tampering, or theft.(III) Any failed component of the video surveillance recording system shall be repaired within twenty-four (24) hours unless notice is provided to the Commission and its employees. The GMCC Executive Director may issue an extension to allow additional time for repair(s).(iii) All video cameras shall: (I) Have the ability to produce a clear, color, still photo either live or from a recording;(II) Have a minimum digital resolution of 2560 x 1440 pixels or pixel equivalent for analog;(III) Record continuously twenty-four (24) hours per day, at a minimum of thirty (30) frames per second;(IV) Utilize a failure notification system that provides an audible, text, or visual notification of any failure in the surveillance system. The failure notification system shall provide an alert to the production licensee within five (5) minutes of the failure, either by telephone, electronic mail address, or text message;(V) Have a date and time stamp embedded on all recordings. The date and time shall be synchronized and set correctly and shall not significantly obscure the picture; and(VI) Remain operational during a power outage.3. Surveillance recording and monitoring equipment shall be housed in a designated, locked, and secured room or other enclosure with restricted access.(c) Sufficiently lit outside perimeter to facilitate surveillance by employees, security, or law enforcement. 1. External lighting shall be equipped to automatically activate and remain operational in the event of a power outage.2. External lighting shall be equipped with protective devices to prevent breakage.(d) The use of non-residential door locks and secure electronic access by each person at all restricted access points and all entry and exit points.(3) A production licensee shall utilize perimeter fencing in order to establish a boundary and provide security of the premises. The fencing shall, at a minimum, meet the following requirements: (a) Have a height of at least seven (7) feet;(b) Utilize wood or metal posts securely anchored in the ground;(c) The bottom of the fence shall be no more than three (3) inches from the ground;(d) There may be a maximum of three (3) inches between any location at which fencing abuts, or is adjacent to, a permanent structure;(e) Only utilize gated, locking, and controlled entry and exit points;(f) Incorporate secure access measures as a part of the production facility's security system;(g) All gates through which vehicles and/or personnel enter or exit shall be monitored at all times by cameras that meet the requirements as set forth in this rule; and(h) Fencing systems shall be regularly inspected for integrity, functionality, and signs of damage, and repaired within twenty-four (24) hours.(4) Fences shall be constructed of high quality, durable materials. Acceptable materials include: (h) Vinyl, composite, or recycled materials;(i) Other manufactured material or combination of materials commonly used for fencing; and(j) Other materials of similar quality and durability, but not listed herein, may be used upon approval by the Commission and as set forth in these Rules.(5) A production licensee shall utilize security personnel who are licensed under the Georgia Private Detective and Security Agencies Act, O.C.G.A. Sections 43-38-1 through 43-38-16, as amended, for the licensee's premises.(6) A production licensee shall establish an adequate facility maintenance system to ensure both the interior and exterior of the licensee's building structures are maintained to ensure security, safety, and sanitation.(7) A production licensee shall ensure the surrounding premises are adequately maintained and manicured in order to prevent the introduction and spread of pests and contaminants into the facility and to deter possible criminal activity.(8) A production licensee shall keep all security system components and equipment in good-working order and shall test such system quarterly. (a) A production licensee shall keep a log of all security systems tests completed, which shall include: 1. Date(s) the security systems tests were completed;2. Name(s) of the individual(s) who completed the testing;3. Details regarding tests completed; and4. Any issues found during the testing.(b) The security system testing log shall be maintained on the premises for a period of at least three (3) years.(c) The security system testing log shall be provided upon request to the Commission or its employees.(9) A production licensee shall notify the Commission and its employees, within twenty-four (24) hours, of any security system failure. (a) The production licensee shall keep a log of any security system failure.(b) The security system failure log shall be maintained on the premises for a period of at least three (3) years.(c) The security system failure log shall be provided upon request to the Commission or its employees.(10) While on the premises, all production licensee employees shall wear a form of identification that clearly identifies them, including their position on the premises. An employee identification shall contain:(a) The name of the employee;(c) The date of issuance;(d) The expiration date, which shall not exceed the quinquennial expiration date of the production license;(e) The name of the production licensee;(f) The license number of the production license;(g) An alphanumeric identification number that is unique to the employee;(h) A photographic image of the employee; and(i) Security measures to prevent unauthorized duplication of the identification.(11) Upon termination of an employee, a production licensee shall:(a) Obtain and destroy the terminated employee's identification within twenty-four (24) hours of termination of employment;(b) Immediately disable the employee's electronic access; and(c) Immediately disable the employee's access to the Commission-approved tracking system and all other security access systems.(12) A production licensee employee shall escort and monitor visitors at all times. (a) A visitor shall visibly display the visitor identification badge at all times the visitor is on the premises. (b) A visitor shall return the visitor identification badge to a production licensee employee upon exiting the premises.(c) A production licensee shall maintain a current and accurate inventory of all visitor identification badges.(d) Any loss of a visitor identification badge shall be documented separately and maintained with the visitor log.(e) A production licensee shall log all visitors, contractors, and local, state, and federal government officials, and shall maintain a log that includes the date, time in and out, and purpose of the visit. The log shall: 1. Retain a photocopy of the government-issued photo identification for each individual in a secure location with controlled access;2. Include the name and identification number of the employee escorting the individual;3. Be maintained for at least three (3) years; and4. Be made available to the Commission or its employees upon request.(f) A visitor shall not handle any regulated cannabis.(13) A production licensee shall ensure that only authorized individuals access the restricted access areas of the premises. (a) Prior to entering a restricted access area, all authorized individuals shall obtain and wear an identification badge from management employees of the licensee which shall remain visible while in the restricted access area. (b) A production licensee shall maintain a record of all authorized individuals, who are not employees of the licensee, who enter the restricted access areas. The record shall include: 1. The name of the individual;2. The individual's employer;3. The reason the individual entered the restricted access area; and4. The date and times the individual entered and exited the restricted access area. 5. The restricted access areas log shall be maintained for at least three (3) years.6. These records shall be made available to the Commission or its employees upon request.(c) A production licensee shall not prohibit the Commission or its employees, or local, state, or federal law enforcement from entering a restricted access area upon presentation of official credentials identifying them as such.(d) All restricted access areas shall have a sign posted on or near the door indicating that access to the area is restricted to authorized individuals or employees only.(14) A production licensee shall keep a surveillance equipment maintenance activity log on the premises to record all service activity and equipment updates. (a) The log shall include, at a minimum, the following: 1. The date of the service and maintenance activity;2. A summary of the service and maintenance activity performed; and3. The name, signature, and title of the individual(s) who performed the service and maintenance activity.(b) The surveillance equipment maintenance activity log shall be maintained for a period of at least three (3) years.(c) The surveillance equipment maintenance activity log shall be provided upon request by the Commission or its employees.(15) A production licensee shall maintain documentation in an auditable form for a period of at least three (3) years: (a) Any alarm activation or other event which requires a response by public safety employees; and(b) Any unauthorized breach of security.(16) A production licensee shall notify the Commission and its employees as well as local law enforcement within twenty-four (24) hours any time there is a suspected loss of regulated cannabis and shall cooperate fully with any investigation into any of the following: (a) Diversion, theft, loss, or any other criminal activity by an agent or employee of the licensee pertaining to the operations of the licensee;(b) Suspected diversion, theft, loss, or any other criminal activity by an individual not employed by the licensee; or(c) Loss or unauthorized alteration of records related to regulated cannabis.(17) A production licensee shall establish, maintain, and follow standard operating procedures, for the security of all regulated cannabis on the premises and during all transport, including providing adequate safeguards against theft or diversion of regulated cannabis.Ga. Comp. R. & Regs. R. 351-4-.03
O.C.G.A. §§ 16-12-203, 16-12-210, 16-12-211, 16-12-212, 16-12-217.
Original Rule entitled "Security" adopted. F. Mar. 16, 2023; eff. Apr. 5, 2023.