Senate Bill 75, which would limit the power of Delaware counties to restrict marijuana businesses, has been approved by the Senate Elections & Government Affairs Committee in a 3 to 1 vote.
The legislation would ensure that marijuana retail and cultivation operations can function more freely in certain zones while still preserving local control for municipalities.
If passed into law, SB 75 would prohibit counties from banning marijuana retail stores in commercial or industrial zones, with limited exceptions. Restrictions could only be applied if a store is within a half mile of another marijuana retailer or within 500 feet of specific locations such as schools, parks, libraries, licensed child care centers, or residential treatment facilities.
The bill would also require counties to allow retail marijuana stores to operate during designated hours—between 9 a.m. and 9 p.m. Monday through Saturday, and from noon to 8 p.m. on Sundays. In addition, fully enclosed indoor cultivation facilities would need to be allowed in agricultural and industrial zones.
Compassion centers that receive conversion licenses for dual medical and recreational marijuana sales would be protected under the bill, with counties barred from denying them building permits if zoning requirements are met.
SB 75 would override any conflicting county ordinances already in place or enacted in the future. The bill now moves forward in the legislative process following its committee approval.
