Legislation to Limit County Restrictions on Marijuana Businesses Introduced in Delaware Senate
- Senate Bill 75 introduced by Democratic Senators and Representatives in Delaware aims to prevent counties from banning marijuana retail stores in commercial or industrial zones, with exceptions for proximity to certain locations such as schools and places of worship.
- The proposal specifies operating hours for marijuana stores and prohibits counties from banning fully enclosed indoor cultivation facilities in agricultural or industrial zones.
- SB 75 would require counties to allow compassion centers with conversion licenses to operate both medical and recreational marijuana sales under nonconforming use rules, and counties cannot deny building permits if zoning standards are met.
- If passed, the bill would supersede any conflicting county ordinances, both current and future.
Delaware State Capitol.
Senate Bill 75 was introduced by Senators Charles Paradee, Kyra Hoffner, David Sokola, and Bryan Townsend, along with Representatives Edward Osienski and Eric Morrison, all Democrats. The measure was assigned to the Senate Elections & Government Affairs Committee.
The proposal would prohibit counties from banning marijuana retail stores in commercial or industrial zones, except under certain conditions. These include stores located within a half mile of another marijuana retailer or within 500 feet of schools, places of worship, libraries, parks, licensed child care centers, or residential treatment facilities. Under the bill, counties must also allow retail marijuana stores to operate from 9 a.m. to 9 p.m. Monday through Saturday, and from noon to 8 p.m. on Sundays. Additionally, counties would not be allowed to ban fully enclosed indoor cultivation facilities in agricultural or industrial zones.
SB 75 would also require counties to allow compassion centers that have received a conversion license to operate both medical and recreational marijuana sales under existing nonconforming use rules. Counties would be barred from denying building permits to such licensees if zoning standards are met.
If enacted, the bill would override any conflicting county ordinances, both existing and future.