The Delaware Senate gave approval today to Senate Bill 75, which would limit the ability of counties to restrict marijuana retail and cultivation businesses. The measure now heads to the House for consideration.
SB 75 would prevent counties from prohibiting marijuana retailers from operating in commercial or industrial zones, with exceptions only in specific cases such as proximity to another marijuana business within a half mile or locations like schools, parks, libraries, child care centers, or residential treatment facilities. The bill also requires that counties allow marijuana stores to operate between 9 a.m. and 9 p.m. Monday through Saturday and from noon to 8 p.m. on Sundays.
The Senate approved two amendments before passing the bill. The first, Senate Amendment 1, clarifies that both § 1335A and § 1335B of Title 4 apply when a compassion center receives a conversion license to sell marijuana for both medical and recreational use.
The second, Senate Amendment 2, removes “place of worship” from the list of locations that can be used by counties to block a retail marijuana store within 500 feet.
The legislation also protects compassion centers that convert to dual-use sales by ensuring they cannot be denied building permits if zoning requirements are met.
If enacted, SB 75 would override any existing or future county ordinances that conflict with the bill’s provisions.
