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SB75 • 2025

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

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Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Paradee
Last action: 2026-07-01
Official status: Veto Overridden 7/1/26
Effective date: Not listed

Plain English Breakdown

The official text confirms this bill was enacted into law after a veto override on July 1, 2026.

Limits on County Rules for Marijuana Stores

This law limits how much Delaware counties can restrict marijuana businesses by setting rules about where stores and farms can operate, when they must be open, and allowing existing medical centers to convert into retail stores.

What This Bill Does

Requires counties to allow a medical compassion center with a conversion license to operate as a retail store even if the location does not match current zoning rules (nonconforming use).
Stops counties from denying building permits for converting a center into a store if the changes meet physical safety standards.
Sets minimum opening hours for retail marijuana stores at 9 a.m. to 9 p.m. on Mondays through Saturdays and noon to 8 p.m. on Sundays.
Prevents counties from banning indoor, fully enclosed cultivation facilities in areas zoned for agriculture or industry.
Limits where counties can ban retail stores by only allowing bans within half a mile of another store or near schools, churches, parks, libraries, child care centers, and residential treatment facilities.

Who It Names or Affects

Counties that create rules about marijuana businesses
Medical compassion centers converting to retail stores
Retail marijuana store owners
Indoor cultivation facility operators

Terms To Know

Nonconforming use: A business that is allowed to keep operating in a location even if new zoning rules would normally ban it.
Conversion license: Permission for an existing medical marijuana center to also sell recreational marijuana as a retail store.
Preempt and supersede: State law takes control over the topic, making older or future county rules on this subject invalid if they conflict with state law.

Limits and Unknowns

This law applies only to counties; separate rules still apply to municipalities (cities and towns).
The text does not list specific dates for when these new hours or zoning limits must be fully enforced.
Counties can still set civil penalties, such as fines, for businesses that break the allowed ordinances.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SA 1

1 • Paradee

Passed 4/15/25

Plain English: This amendment updates the law to include Section 1335A alongside Section 1335B as rules that apply when converting a compassion center into a retail marijuana store.

The bill now lists both Section 1335A and Section 1335B of Title 4 as the laws used for conversion licenses.

This amendment only adds a reference to an existing law section; it does not explain what specific rules are inside Section 1335A or how they work in detail.
The text assumes readers already know the difference between 'compassion centers' and 'retail marijuana stores,' which is defined elsewhere.

SA 2

2 • Paradee

Passed 4/15/25

Plain English: This amendment stops counties from banning new retail marijuana stores just because they are located near places of worship.

Counties can no longer block the opening of a retail marijuana store if it is within 500 feet of a place of worship.

Bill History

2026-07-01 Delaware General Assembly
Veto Override Passed in the House. 25 YES 16 NO
2026-07-01 Delaware General Assembly
Enacted into Law
2026-01-28 Delaware General Assembly
Veto Override Passed in the Senate. 14 YES 6 NO 1 NOT VOTING
2025-08-28 Delaware General Assembly
Vetoed by Governor
2025-06-25 Delaware General Assembly
Passed By House. Votes: 25 YES 13 NO 1 NOT VOTING 1 ABSENT 1 VACANT
2025-06-11 Delaware General Assembly
Reported Out of Committee (Administration) in House with 3 On Its Merits
2025-05-22 Delaware General Assembly
Re-Assigned to Administration Committee in House
2025-04-16 Delaware General Assembly
Assigned to Economic Development/Banking/Insurance & Commerce Committee in House
2025-04-15 Delaware General Assembly
Amendment SA 1 to SB 75 - Passed By Senate. Votes: 17 YES 4 NO
2025-04-15 Delaware General Assembly
Amendment SA 2 to SB 75 - Passed By Senate. Votes: 15 YES 6 NO
2025-04-15 Delaware General Assembly
Passed By Senate. Votes: 13 YES 8 NO
2025-04-10 Delaware General Assembly
Reported Out of Committee (Elections & Government Affairs) in Senate with 3 Favorable, 1 On Its Merits
2025-04-09 Delaware General Assembly
Amendment SA 1 to SB 75 - Introduced and Placed With Bill
2025-04-09 Delaware General Assembly
Amendment SA 2 to SB 75 - Introduced and Placed With Bill
2025-03-20 Delaware General Assembly
Introduced and Assigned to Elections & Government Affairs Committee in Senate

Official Summary Text

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

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Sen. Paradee & Rep. Osienski

Sens. Hoffner, Sokola, Townsend; Reps. Morrison, Snyder-Hall

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 75

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 1302, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:

§ 1302. Definitions.

(24) “Park” means real property that is owned, developed, or controlled by a government entity for outdoor passive or active recreational use. “Park” does not mean real property recorded on a plan as a development’s open space.

Section 2. Amend § 1351, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1351. Local

control.

control; municipalities.

(a) A municipality may prohibit the operation of marijuana

cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores

establishments

through the enactment of an ordinance or through an initiated or referred measure.

(b) A municipality

or county

may enact ordinances or regulations that

are

not

conflict with this

chapter or in conflict with

chapter, including

regulations

enacted by the Commissioner,

promulgated under this chapter,

governing the time, place, manner, and number of marijuana establishment operations. A municipality

or county

may establish civil penalties for violation of an ordinance or regulations governing the time, place, and manner that a marijuana establishment may operate in

such municipality or county.

the municipality.

Section 3. Amend Subchapter IV, Chapter 13, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1351A. Local control; counties.

(a)(1) A county may limit the operation of marijuana establishments by enacting ordinances or regulations that do

not conflict with this chapter

, including regulations promulgated under this chapter

(2) An ordinance or regulation governing the time or manner of marijuana establishment operations must allow a retail marijuana store to be open no less than the following hours:

a. Monday through Saturday, between 9 a.m. and 9 p.m.

b. Sunday, between noon and 8 p.m.

(3) Notwithstanding Chapter 26, Chapter 49, or Chapter 69 of Title 9, this section preempts and supersedes all existing and future county ordinances or regulations regarding the operation of marijuana establishments licensed under this chapter.

(b) If a compassion center is granted a conversion license for a retail marijuana store under § 1335B of this title, a county must allow the retail marijuana store to operate as a nonconforming use under

§ 2610, § 4920, or § 6920 of Title 9

, however

a county may not deny a building permit to a licensee under § 1335B of this title if the improvements comply with the physical

requirements for properties in that zoning category.

(c) In an area that is zoned for agricultural or industrial use, a county may not prohibit a marijuana cultivation facility that is indoors and fully enclosed.

(d) In an area that is zoned for commercial or industrial use, a county may not prohibit the operation of a retail marijuana store except as follows:

(1) Within a ½ mile of another retail marijuana store.

(2) Within 500 feet of any of the following:

a. A place of worship, school, or institution of higher education.

b. A child care facility licensed under Chapter 30A of Title 14.

c. A residential treatment facility, as defined in § 2203 of Title 16.

d. A park or library.

(e) A marijuana establishment that is operating lawfully may continue to operate as a nonconforming use under § 2610, § 4920, or § 6920 of Title 9 after any of the following occur:

(1) The county enacts a change to the zoning of the location.

(2) An entity listed under subsection (d) of this section is established.

(f) A county may establish civil penalties for violation of an ordinance or regulations enacted under this section.

SYNOPSIS

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.

Author: Senator Paradee