The failure of licensed operators to secure locations for their operations is a major obstacle to the success of this bill.
By Briana Hill, Spotlight Delaware
After state legislators approved a law that allows marijuana shops to open in additional locations across Delaware, the battle for shop location may finally be over.
Bill is now awaiting the signature of Gov. Matt Meyer’s (D) signature is required before the bill becomes law. However, it is unclear what he plans to do.
Meyer’s office didn’t respond Thursday to questions about whether Meyer will sign or veto this bill. Former county executive Meyer had publicly supported marijuana legalization in recent years. But the debate over Senate Bill 75 is really about whether state government can take precedence over local decision making.
“This is an unwelcome precedent that overrides county ordinances”, said Rep. Valerie Jones Giltner, R-Georgetown during the House of Representatives floor vote.
Some proponents like House Minority Whip Ed Osienski, D-Newark, say marijuana businesses will only be successful if they can find suitable spaces.
Osienki stated during Wednesday’s House Floor vote that “this bill is crucial for the success of recreational marijuana because of the inability to licensees find locations to run their businesses.”
Senate Bill 75, sponsored by Osienski and Sen. Trey Paradee (D-Dover), would override county-level zoning laws that dictate how far marijuana dispensaries must be from sensitive places like schools, libraries, and treatment centers—reducing the buffer to no more than 500 feet.
Bill also allows existing medical cannabis businesses to remain in their locations after obtaining conversion licenses for retail store operations, even when local zoning law changes in the future.
The number of municipal bans has increased
While lawmakers were debating the legislation, regulators in the state prepared to launch the adult recreational cannabis industry. In that period, cannabis licensees complained that their space was limited.
The state legislature legalized recreational marijuana in 2023. In accordance with the law, local governments can ban marijuana businesses, while counties may restrict their location.
In Delaware, since at least 2023, 19 of the 57 towns have banned stores that sell marijuana within town limits. It is difficult for certain operators to get a location. Camden in Kent County has now joined this group.
Delaware has three counties. The cannabis businesses that received licenses last year can only operate within the county they were assigned. New Castle holds 59 licenses whereas Sussex only has 41, and Kent just 25.
Sussex County is the county where the most municipalities outlaw such businesses. The buffer between the shops and the sensitive area has been set at 3,000ft.
New Castle County – which has a majority of the state’s residents – currently has its buffer set at 1,000 feet.
Issue among ‘home rule’ debates
In recent weeks, the bill has been part of a “home rule” debate in Delaware – along with other pieces of legislation that local officials say undermine counties’ rights to govern land use issues. In the context of this debate, the three county governments of Delaware have all passed resolutions calling on the General Assembly “to defer to and respect local government.”
The Delaware League of Local Governance (DLLG), an organization representing counties, towns, and cities across the state sent a message to the General Assembly earlier this month urging them to protect and reinforce the power of local governments in land use and zoning decisions.
The letter was signed by Doug Hudson, the President of Sussex County Council, Jeff Hall, Kent County Levy Court commissioner, and Dover mayor Robin Christiansen.
Jones Giltner raised the same issue at the House of Representatives meeting. He argued that local government knows how to make decisions with a holistic approach, while keeping in mind the needs and wants of its residents.
Osienski emphasized, however, that in the recent past the state has passed proposals similar to this one. She referred specifically to the passage of both the Quality of Life Act of 1988 and the Coastal Zone Act of 1971.
Sherae’a Moore was the lone Democrat who voted against this measure.
But despite it passing both houses, Sussex County officials remain optimistic that Governor Meyer will veto the legislation. Meyer has vetoed the bill.
“The County Council, in joining the other two counties by adopting a resolution, has made clear its position on this and other ‘local control’ bills under consideration in this year’s General Assembly session. This viewpoint is still the same: a top-down, heavy-handed approach to land management from Dover rather than our local municipalities and counties threatens to undermine each community’s voices across the state,” County Council representatives said in a Spotlight Delaware statement.
Sussex County Councilman Steve McCarron noted that the new bill would likely result in marijuana shops appearing outside municipalities and becoming associated with them.
McCarron has stated that he is against the bill but noted that some municipalities may need to review their local laws and consider allowing marijuana dispensaries in town. In this way, municipalities could collect business licenses and raise revenue to fund public safety.
Osienksi said he hopes the marijuana retailers who are allowed to operate in the area will be able to demonstrate that they can also be good neighbors. This would encourage local communities to become more open-minded about allowing new dispensaries.
He said, “Over the years people have come to see that this is good.”
Spotlight Delaware published this article first.
Delaware lawmaker withdraws bill to regulate hemp-derived THC drinks
Side Pocket Images. Image courtesy Chris Wallis.