Delaware Legislature Passes Bill Limiting County Restrictions on Marijuana Businesses, Sending It to Governor

The measure, Senate Bill 75, was approved by the House yesterday in a 25 to 13 vote. The Senate previously passed the bill in April by a vote of 13 to 8.

The legislation clarifies how counties may regulate marijuana establishments following Delaware’s legalization of recreational marijuana. It specifically prohibits counties from imposing zoning rules that would prevent licensed businesses from operating. Under the bill, counties must allow medical marijuana compassion centers that receive a conversion license to operate as retail marijuana stores under nonconforming use rules. It also blocks counties from denying building permits for these establishments if their construction plans meet existing zoning requirements—an important provision as many compassion centers need renovations to serve both medical and recreational customers.

The bill further establishes minimum business hours for marijuana retailers, requiring they be allowed to operate from 9 a.m. to 9 p.m. Monday through Saturday and from noon to 8 p.m. on Sundays. It also prevents counties from banning enclosed cultivation facilities located in agricultural or industrial zones.

Counties would only be allowed to prohibit retail marijuana stores in commercial or industrial areas if they are located within a half mile of another store or within 500 feet of schools, churches, parks, child care centers, treatment facilities, or libraries.

With passage by both chambers, the bill now heads to Governor Carney’s desk.