SB 75 Would Limit Restrictions that a County May Impose on Marijuana Establishments in Delaware

Legislation introduced last week by Delaware State Senator Trey Paradee would limit the restrictions a county may impose on the operation of marijuana establishments in Delaware. Senate Bill 75 requires that a medical marijuana compassion center granted a conversion license for a retail marijuana store must be allowed to operate the store as a non-conforming use.

Sussex County passed a heavily restricted marijuana ordinance in May of 2024 – which limits retail stores to only a C-3 heavy commercial district with a conditional use and sets a 3-mile limit for a retail marijuana store from any municipal boundary, another retail marijuana store, any church, school, college or substance abuse treatment facility.  None of the Sussex County Council members were in favor of the establishment of marijuana facilities and retail stores, but acknowledge that these facilities cannot be disallowed and felt the restrictions placed by the Council would help to regulate marijuana establishments in Sussex County.  The County Council unanimously approved the ordinance on May 14, 2024, which would be overruled if Senate Bill 75 is passed by the Delaware General Assembly.  

SB 75 would allow a retail store within a half mile of another retail marijuana store and within 500 feet of a church, school, licensed child care, residential treatment facility, park or library. These limits on county restrictions under this Act preempt and supersede all existing and future county ordinances or regulations regarding the operation of marijuana establishments.  The bill is awaiting a hearing in the Senate Elections & Government Affairs Committee.