Legislation Regulating Limitations that Counties Can Impose Upon Marijuana Sales– Passes Delaware House


A bill that limits the restrictions a county may impose on the operation of marijuana establishments has passed the Delaware House and is now ready for Governor Matt Meyer’s signature. House Majority Whip Ed Osienski issued a statement on the successful passage of Senate Bill 75– stating that the intent of passing legislation that legalized the adult use of cannabis in 2023 was to create a tightly regulated, but accessible market that balanced public health, safety, and business opportunity. He adds that unfortunately, counties have imposed zoning restrictions so severe that they undermine the law’s intent and effectively ban legal cannabis operations completely. Rep. Osienski states that SB 75 addresses this by setting reasonable limits on county regulations, while still giving them the ability to protect sensitive areas like schools, daycares, and places of worship and emphasizes that his bill will not cause communities to be flooded with cannabis shops – as there are only 30 retail licenses total, while Delaware has more than 300 liquor stores across the state.

 

Full Statement from House Majority Whip Ed Osienski:

“When we passed legislation legalizing adult use cannabis in 2023, we intended to create a tightly regulated, but accessible market that balanced public health, safety, and business opportunity. Unfortunately, our counties have imposed zoning restrictions so severe that they undermine the law’s intent and effectively ban legal cannabis operations completely.
 
SB 75 addresses this by setting reasonable limits on county regulations, while still giving them the ability to protect sensitive areas like schools, daycares, and places of worship. I want to be clear that this bill will not cause communities to be flooded with cannabis shops – there are only 30 retail licenses total. To put that in perspective, we have more than 300 liquor stores across the state.
 
The entrepreneurs who have secured retail licenses have already cleared a long list of hurdles and waited patiently to open their doors. They’re ready to serve customers safely and responsibly and SB 75 will give them that opportunity while still respecting local concerns.
I want to thank my Senate sponsor, Sen.Trey Paradee, and my colleagues in the House for voting to pass this legislation.”