Delaware Senate Votes to Override Governor’s Veto of Bill Limiting County Restrictions on Marijuana Businesses

Delaware State Capitol.

The Delaware Senate voted today to override Governor Matt Meyer’s August 28 veto of Senate Bill 75, which would limit the ability of Delaware counties to restrict marijuana businesses. SB 75 previously passed the House by a 25 to 13 vote and the Senate by a 13 to 8 margin. The measure was written to clarify how local governments may regulate marijuana establishments following Delaware’s legalization of recreational marijuana, specifically by preventing counties from using zoning ordinances to effectively block state-licensed operators.

Under the bill, compassion centers holding conversion licenses must be allowed to operate as retail stores even if they fall under nonconforming use standards. Counties would also be blocked from denying building permits to marijuana facilities if their plans comply with existing zoning requirements.

The legislation further sets minimum hours of operation for retailers and prohibits counties from banning indoor cultivation facilities in agricultural or industrial zones. Local governments would retain limited authority to prohibit stores, but only if they are located within a half mile of another shop or within 500 feet of sensitive sites such as schools, child care centers, parks, treatment facilities, churches, or libraries.

In vetoing the measure last summer, Meyer said the proposal removed too much authority from local communities despite his support for a regulated adult-use marijuana system.

“I support building a well-regulated, adult-use cannabis market that works statewide. The way to do that is to work with our counties as partners, not by stripping communities of their voice in where these stores belong,” Meyer said at the time.

He also said revenue sharing with local governments should be considered as the state implements its marijuana market.

“SB 75 would override local judgment on the location and operation of cannabis establishments. Let’s move forward together—respecting local zoning and exploring revenue-sharing to offset local costs—so this market succeeds and earns public trust in all three counties.”

Today’s override means SB 75 will move to the Assembly. If the Assembly also votes to override the veto, it would take effect in 30 days.