The Delaware House Administration Committee has approved Senate-backed legislation that would limit the ability of counties to restrict the operation of marijuana establishments.
Delaware State Capitol.
Senate Bill 75, which passed the full Senate by a vote of 13 to 8 in April, aims to clarify and restrict how counties can regulate marijuana businesses following the state’s legalization of recreational marijuana. The bill prevents counties from enacting overly burdensome zoning rules that could hinder licensed businesses from operating.
Under the proposal, counties must allow medical marijuana compassion centers that have received a conversion license for a retail marijuana store to operate under nonconforming use rules. In addition, counties cannot deny building permits to these businesses if their improvements comply with zoning requirements. This provision is particularly significant, as these compassion centers are often required to make structural changes to accommodate dual use as both a medical and recreational retail site.
The bill also mandates that retail marijuana stores be allowed to operate at a minimum from 9 a.m. to 9 p.m. Monday through Saturday and from noon to 8 p.m. on Sundays. Furthermore, cultivation facilities that are fully enclosed and located in areas zoned for agricultural or industrial use cannot be banned by counties.
In commercial or industrial zones, counties may only prohibit retail marijuana stores from operating if they are located within a half mile of another store or within 500 feet of sensitive sites such as schools, churches, parks, child care facilities, residential treatment centers, or libraries.
The bill now heads to the full House for consideration.
