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DE SB75

DE SB75
An Act To Amend Title 4 Of The Delaware Code Relating To Local Control Of Retail Marijuana Stores By Counties.


summary

Introduced
03/20/2025
In Committee
05/22/2025
Crossed Over
04/15/2025
Passed
06/25/2025
Dead
Vetoed
08/28/2025

Introduced Session

153rd General Assembly

Bill Summary

An Act To Amend Title 4 Of The Delaware Code Relating To Local Control Of Retail Marijuana Stores By Counties.

AI Summary

This bill amends Delaware's marijuana establishment regulations to provide more specific guidelines for local county control. The bill adds a new definition for "park" and modifies existing laws to clarify how counties can regulate marijuana businesses. Key provisions include limiting county restrictions on marijuana establishments, mandating minimum operating hours for retail marijuana stores (9 a.m. to 9 p.m. Monday through Saturday, and noon to 8 p.m. on Sunday), and preventing counties from completely prohibiting marijuana businesses in certain zones. Counties are now restricted in their ability to ban marijuana cultivation facilities in agricultural or industrial areas and retail stores in commercial or industrial zones, with some specific location restrictions (such as staying 500 feet away from schools, child care facilities, residential treatment facilities, parks, and libraries). The bill also ensures that existing marijuana establishments can continue operating as nonconforming uses if zoning changes or new restricted facilities are established nearby. Counties retain the right to establish civil penalties for violations of their local marijuana establishment regulations, but cannot impose restrictions that conflict with state law. This legislation aims to provide a more standardized approach to local marijuana business regulation while still allowing some local control.

Committee Categories

Business and Industry, Government Affairs

Sponsors (7)

Last Action

Veto Override Passed in the Senate. 14 YES 6 NO 1 NOT VOTING (on 01/28/2026)

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