As Delaware gears up to launch adult-use cannabis sales next month, a bill under consideration could shift the balance of power between state and local governments when it comes to cannabis zoning. Governor Matt Meyer is currently reviewing Senate Bill 75, which would establish statewide zoning rules for marijuana businesses and override local regulations.
Meyer acknowledged the conflict between two priorities. On one side, he wants to ensure the new cannabis market gets off the ground quickly. But as a former county executive, he also recognizes how important it is for cities and counties to maintain control over land use decisions. He noted that he was having conversations with various stakeholders to reach an agreement.
Meyer has several options on SB 75: he can approve it, veto it, or allow it to pass into law without signing it.
SB 75 is backed by Senator Trey Paradee, who also championed the original legalization push. The proposed law would set statewide zoning rules for marijuana businesses, effectively overriding existing regulations in the state’s three counties. Supporters argue this step is necessary to prevent local governments from placing excessive restrictions that could limit public access to legal cannabis.
Sussex County, for instance, currently requires dispensaries to be at least three miles away from schools, churches, and rehab centers. The new bill would lower that requirement to 500 feet and ensure dispensaries aren’t clustered closer than half a mile from each other.
Meyer recognized the concerns of local officials, noting that counties are typically responsible for deciding what types of businesses are appropriate in certain areas. “Land use has always been a core responsibility of local governments,” he said.
Councilmember Janet Kilpatrick from Newcastle County voiced strong opposition to the bill, arguing that the state should either handle all zoning issues or leave it entirely to local authorities. “We can’t have the state stepping in only when it wants control over specific industries,” she said.
Retail cannabis sales in Delaware are scheduled to begin on August 1. Thirteen shops are expected to open on day one, with a total of 30 planned in the months ahead. All of the state’s current medical cannabis dispensaries will also sell to recreational customers.
When asked during a recent radio interview why the launch has been delayed, Meyer said the choice was between waiting even longer or allowing medical dispensaries to take the lead since they were already set up to begin selling.
The broader marijuana industry, including key players like Trulieve Cannabis Corp. (CNSX: TRUL) (OTCQX: TCNNF), hope that the market launch proceeds as scheduled in Delaware and residents can access approved adult-use products without having to travel long distances.
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