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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.

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

Healthcare
Passed Legislature

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

Sponsor
Last action
2026-07-01
Official status
Enacted into Law
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

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

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

What This Bill Does

  • 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.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-07-01 Delaware General Assembly

    Veto Override Passed in the House. 25 YES 16 NO

  2. 2026-07-01 Delaware General Assembly

    Enacted into Law

  3. 2026-01-28 Delaware General Assembly

    Veto Override Passed in the Senate. 14 YES 6 NO 1 NOT VOTING

  4. 2025-08-28 Delaware General Assembly

    Vetoed by Governor

  5. 2025-06-25 Delaware General Assembly

    Passed By House. Votes: 25 YES 13 NO 1 NOT VOTING 1 ABSENT 1 VACANT

  6. 2025-06-11 Delaware General Assembly

    Reported Out of Committee (Administration) in House with 3 On Its Merits

  7. 2025-05-22 Delaware General Assembly

    Re-Assigned to Administration Committee in House

  8. 2025-04-16 Delaware General Assembly

    Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

  9. 2025-04-15 Delaware General Assembly

    Amendment SA 1 to SB 75 - Passed By Senate. Votes: 17 YES 4 NO

  10. 2025-04-15 Delaware General Assembly

    Amendment SA 2 to SB 75 - Passed By Senate. Votes: 15 YES 6 NO

  11. 2025-04-15 Delaware General Assembly

    Passed By Senate. Votes: 13 YES 8 NO

  12. 2025-04-10 Delaware General Assembly

    Reported Out of Committee (Elections & Government Affairs) in Senate with 3 Favorable, 1 On Its Merits

  13. 2025-04-09 Delaware General Assembly

    Amendment SA 1 to SB 75 - Introduced and Placed With Bill

  14. 2025-04-09 Delaware General Assembly

    Amendment SA 2 to SB 75 - Introduced and Placed With Bill

  15. 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 retai