Governor Matt Meyer has vetoed legislation that would have limited the ability of Delaware counties to restrict marijuana businesses.
(Photo credit: Getty Images).
Senate Bill 75, approved in the House by a 25 to 13 vote and in the Senate by a 13 to 8 margin, was designed to clarify how counties may regulate marijuana establishments after the state legalized recreational marijuana. It prohibited local governments from using zoning rules to block licensed businesses from operating, and it required that compassion centers with conversion licenses be allowed to function as retail stores even if they fell under nonconforming use standards.
The bill also prevented counties from denying building permits to these facilities if their plans complied with existing zoning codes. It set minimum hours of operation for retailers and blocked counties from banning indoor cultivation facilities in agricultural or industrial areas. Local governments would have retained the ability to prohibit stores only if they were 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 issuing his veto, Meyer said that while he supports the rollout of a safe and equitable adult-use marijuana system, the bill would have stripped local communities of too much authority. “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.
He added that revenue sharing with local governments should be part of the equation as Delaware moves forward. “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.”
The veto means lawmakers will need to decide whether to attempt an override (which requires a two-thirds majority) or work on a revised version that addresses the governor’s concerns.
