SB 75: AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO LOCAL CONTROL OF RETAIL MARIJUANA STORES BY COUNTIES.

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

This Act limits the restrictions a county may impose on the operation of marijuana establishments as follows: • Requires that a medical marijuana compassion center that was granted a conversion license for a retail marijuana store under § 1335B of Title 4 must be allowed to operate the retail marijuana store as a nonconforming use. • Prohibits the denial of a building permit to a licensee under § 1335B of Title 4 if the improvements comply with the physical requirements for property zoned for that use. The nonconforming use laws for each county, § 2610, § 4920, and § 6920 of Title 9 all prohibit structural alterations if a building is a nonconforming use but § 1335B(a)(1) requires that a conversion licensee continue to operate the location as a medical dispensing location. Thus, it is extremely likely that a compassion center with a conversion license for a retail marijuana store will need to make structural alterations to operate both as a medical dispensing location and as a retail marijuana store. • Requires that a county must allow the minimum hours of operation for a retail marijuana store to be 9 a.m. until 9 p.m. on Mondays through Saturdays and noon until 8 p.m. on Sundays. • In areas zoned for agricultural or industrial use, indoor, fully enclosed cultivation facilities may not be prohibited. • In areas zoned for commercial or industrial use, retail marijuana stores may be prohibited from operating only within a ½ mile of another retail marijuana store and within 500 feet of a place of worship, school, licensed child care, residential treatment facility, park, or library. The limits on county restrictions under this Act preempt and supersede all existing and future county ordinances or regulations regarding the operation of marijuana establishments. Section 2 makes corresponding changes to § 1351 of Title 4 so that section applies only to municipalities. This Act also makes technical changes to use consistent language in subsections (a) and (b) of § 1351 and § 1351A. Under § 1302(17) of Title 4, “‘marijuana establishment’” means all 4 types of entities licensed under Chapter 13 of Title 4.

Sponsors

Sponsors by party (alphabetical): Democratic 7

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. July 1, 2026Enacted into Law
2. July 1, 2026Veto Override Passed in the House. 25 YES 16 NO
3. January 28, 2026Veto Override Passed in the Senate. 14 YES 6 NO 1 NOT VOTING
4. August 28, 2025Vetoed by Governor
5. June 25, 2025Passed By House. Votes: 25 YES 13 NO 1 NOT VOTING 1 ABSENT 1 VACANT
6. June 11, 2025Reported Out of Committee (Administration) in House with 3 On Its Merits
7. May 22, 2025Re-Assigned to Administration Committee in House
8. April 16, 2025Assigned to Economic Development/Banking/Insurance & Commerce Committee in House
9. April 15, 2025Passed By Senate. Votes: 13 YES 8 NO
10. April 15, 2025Amendment SA 2 to SB 75 - Passed By Senate. Votes: 15 YES 6 NO
11. April 15, 2025Amendment SA 1 to SB 75 - Passed By Senate. Votes: 17 YES 4 NO
12. April 10, 2025Reported Out of Committee (Elections & Government Affairs) in Senate with 3 Favorable, 1 On Its Merits

Showing 12 most recent of 15 actions. Full history