A new legislative proposal in Delaware aims to restrict the authority of counties over marijuana businesses. Senate Bill 75, sponsored by Senator Trey Paradee and Representative Edward Osienski, is currently pending a vote in the House. The bill seeks to amend Delaware law to establish statewide regulations that prevent counties from imposing overly restrictive zoning and operational rules on cannabis establishments.
Key provisions of Senate Bill 75 include:
1. Medical Marijuana Retailing: Counties must allow medical marijuana compassion centers with conversion licenses to function as retail marijuana stores, adhering to existing nonconforming use laws. 2. Building Permits: Licensed conversion operators are entitled to receive building permits provided their proposed improvements comply with local zoning regulations. 3. Operational Hours: Retail marijuana stores will be permitted to operate from 9 a.m. to 9 p.m. Monday through Saturday, and from noon to 8 p.m. on Sundays. 4. Cultivation Facilities: The bill allows for indoor, enclosed cultivation facilities in areas designated for agricultural or industrial use. 5. Retail Store Restrictions: Retail bans in commercial or industrial zones will only apply within half a mile of another retail store or within 500 feet of sensitive locations such as schools, parks, or churches.
Additionally, the bill asserts that its guidelines will override any existing or future county ordinances that conflict with these standards. Currently, in Sussex County, many towns have enacted ordinances that either prohibit the sale of marijuana or have yet to pass relevant regulations, with the exception of Georgetown, which has not imposed a ban.
This legislative move is part of a broader effort to standardize cannabis regulations across Delaware and ensure that local governments cannot hinder the growth of the marijuana industry through restrictive measures. If passed, Senate Bill 75 could facilitate a more uniform approach to cannabis retailing in the state.
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