Delaware’s Governor is considering a bill to allow cannabis companies to open shop more easily by overruling local zoning authorities.
Gov. Matt Meyer, a Democrat from the state of California, told journalists this week there is a conflict between competing priorities in relation to SB 75.
One hand, the Governor said he wanted to launch the state’s cannabis legalization program as fast as possible. As a former County Executive, the Governor said that it was important for local governments to retain control of land use decisions.
Delaware Public Media reported that he was in contact with stakeholders for an evaluation. “I have made it very clear, as someone who was the leader of Delaware’s biggest local government for eight years, that I strongly believe in local controls and local governments.”
“I’ve also been unambiguous,” the governor added: “I’ve been very clear that we have recreational marijuana that has taken too long to get off the ground… So those are two competing priorities.”
Meyer may sign or veto a law into effect, allow the law to take place without his signature, or he can make it law even if he does not. Then-Gov. John Carney (D) let HB 1 and HB 2—which legalized and regulated adult-use cannabis in Delaware—to become law without his signature.
Asked by DMP whether he might take a similar approach with SB 75, Carney replied: “It’s always an option.”
Senator Trey Paradee, a Democrat from Delaware who also supported the legalization bill in his state, is sponsoring this legislation. It would establish state standards on cannabis facility zoning, which will override the rules of Delaware’s three county governments. The change, say proponents, is needed to stop local restrictions from restricting consumer access to marijuana.
Sussex County’s local zoning laws, for instance, require that marijuana sites are at least 3 miles away from any churches, schools or drug-treatment centers. Paradee’s legislation would lower that buffer distance to 500 feet, and stipulate that marijuana operations could not be located closer together than half-mile.
According to the governor, he shares sympathies with local officials who believe SB 75 will erode their autonomy. The governor said, “I believe local government has a vital role to play in the local land use.” They are the best place to decide if something should be regulated and permitted in a particular area. I believe they should keep that power.
In Newcastle County, Councilmember Janet Kilpatrick said the state should either let local officials be in charge of land use or take over zoning issues itself—not pick individual industries to wrest control over. She said that Newcastle County had made the buffers around cannabis operations similar to those for liquor shops.
She told the local news station WHYY, “We do or don’t use land.” “If they want to take control, the entire process must be taken over by the state, including people who ask for variances because they don’t quite reach 500 feet. It’s either that, or we keep it and consider it 1,000 feet.
WHYY reported that while only a dozen retail stores will be open when Delaware launches its retail market next month, 30 more are being planned for the entire state. This includes 14 in New Castle County; 10 in Sussex County; and 6 in Kent County.
Delaware is set to start retail sales of cannabis for adult use on August 1. At least thirteen stores are expected to open that day. The seven existing medical marijuana businesses in the state have all converted to offer adult-use product.
Meyer was separately asked during a radio appearance on WDEL this week why the rollout of the state’s legal market has taken so long—and also why the state allowed existing medical providers to go “up in the front of the line” and start sales before new adult-use licensees.
Meyer said that the state had two options: “delay the market’s opening further or move forward with the existing medical marijuana retail outlets who can open quickly and switch on the light.”
In Delaware, this week two legislators who have led the effort to legalize cannabis are asking for input from businesses and consumers ahead of the launch. Paradee, the sponsor of SB 75, and House Majority Whip Rep. Ed Osienski (D)—the primary sponsor of the state’s 2023 legalization bills—put out a new online form for residents to share thoughts and feedback about the cannabis program anonymously.
This is to determine any issues that legislators may need to resolve when they come back for the next legislative session.
The Office of the Marijuana Commissioner of the State (OCM) had initially predicted that the recreational sale of marijuana would begin in March. But complications related to the FBI fingerprint check background check code have delayed the implementation. Lawmakers passed a bill in April to resolve the issue, and the FBI subsequently issued the code that the stat’s marijuana law requires.
Late last year, OMC held a series of licensing lotteries for cannabis business to start serving adult consumers.
A total 125 licenses are expected to be granted, which includes 30 retail outlets, 60 cultivators and 30 manufacturers, as well as five testing laboratories. The regulators detailed last year what percentage of each category was reserved for microbusinesses, social equity license applicants and open general licenses.
Regulators have also been rolling out a series of proposed regulations to stand up the forthcoming adult-use cannabis industry.
Meanwhile, Carney raised eyebrows in January after making a questionable claim that “nobody” wants cannabis shops in their neighborhoods, even if there’s consensus that criminalization doesn’t work.
The then-governor last year signed several additional marijuana bills into law, including measures that would allow existing medical cannabis businesses in the state to begin recreational sales on an expedited basis, transfer regulatory authority for the medical program and make technical changes to marijuana statutes.
The dual licensing legislation is meant to allow recreational sales to begin months earlier than planned, though critics say the legislation would give an unfair market advantage to larger, more dominant businesses already operating in multiple states.
In October, Carney also gave final approval to legislation to enact state-level protections for banks that provide services to licensed marijuana businesses.
Delaware’s medical marijuana program is also being significantly expanded under a law that officially took effect last July.
Policy change eliminates the limitations on eligibility for patients based on specific health conditions. In its place, doctors can recommend cannabis to treat any health condition.
A patient over the age 65 may also be able to self-certify medical cannabis without needing a recommendation from a doctor.
Mike Latimer is the photographer.
MEDCAN24 would not be possible without the support of readers. Consider a Patreon subscription if our marijuana advocacy journalism is what you use to keep informed.
