AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO LOCAL CONTROL OF RETAIL MARIJUANA STORES BY COUNTIES.
Consumers will likely benefit from increased access to retail marijuana stores operating under clearer guidelines.
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SB 75 — AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO LOCAL CONTROL OF RETAIL MARIJUANA STORES BY COUNTIES.
Last action — Enacted into Law
No card. One bill, free forever — alerts when it moves.
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✓Introduced
-
✓In Committee
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✓Passed Senate
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✓Passed House
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5To Executive
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6Enacted
This bill has been sent to the executive. Introduced March 20, 2025. It awaits signature.
Signed by Governor Matt Meyer (Democratic) on July 01, 2026.
Next likely step: the executive signs it into law or issues a veto.
Prognosis
Where this bill stands today.
Odds of enactment
LowHow often bills like it became law.
-
To Executive
Current position in the legislative process.
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6 sponsors
6 primary, 0 co-sponsors signed on.
-
Single-party support
Sponsorship is currently within one party (6 D).
-
Cleared a recorded vote
Passed 4 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
In plain language
This bill limits county regulations on marijuana retail operations.
This legislation restricts what counties can impose on marijuana establishments, allowing operations to continue under specific conditions. It sets minimum operational hours and outlines locations where retail marijuana stores can or cannot be established.
What this means for you
- Consumers: Consumers will likely benefit from increased access to retail marijuana stores operating under clearer guidelines.
- Small Business: This means that small businesses in the marijuana sector will face fewer local restrictions, potentially increasing their operational flexibility.
Summary
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.
Bill Text
What changed in the latest version
81 added · 9 removedPlain-language change summary
The amendment to SB 75 adds a definition for "Park" in § 1302 to clarify that it refers to real property owned or controlled by a government entity for recreational use, excluding development open space. It also modifies § 1351 to allow municipalities or counties to create ordinances or regulations regarding the operation of marijuana establishments, provided they do not conflict with existing laws. This clarification may help local governments better manage marijuana operations in line with community needs. Additionally, a reference to § 1335A was added to indicate that both § 1335A and § 1335B apply when a compassion center transitions to a retail marijuana store, ensuring consistency in licensing.
Paradee DELAWARE& STATERep. SENATE 153rd GENERAL ASSEMBLY SENATE AMENDMENT NO.
1Osienski TOSens. SENATE BILL NO.
75Hoffner, AMENDSokola, SenateTownsend; Bill No.
75Reps. on line 30 and line 32 by inserting "§ 1335A and" after "under" and before "§ 1335B" therein.
SYNOPSISMorrison, ThisSnyder-Hall AmendmentDELAWARE addsSTATE aSENATE reference153rd toGENERAL §ASSEMBLY 1335ASENATE ofBILL TitleNO. 4 because both § 1335A and § 1335B of Title 4 apply when a compassion center is granted a conversion license for a retail marijuana store.
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 do not in 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.
DLS :
DIG :
CM Page 1 of 3 Released:
03/20/2025 11:51 AM (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.
Show all 76 changed lines (36 more)
(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 DLS :
DIG :
CM Page 2 of 3 Released:
03/20/2025 11:51 AM 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.
CM Page 13 of 13 Released:
04/09/202503/20/2025 02:5311:51 PMAM 59715300655971530031
Show all 76 changed rows (36 more)
Action History
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Enacted into Law
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Veto Override Passed in the House. 25 YES 16 NO
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Veto Override Passed in the Senate. 14 YES 6 NO 1 NOT VOTING
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Vetoed by Governor
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Passed By House. Votes: 25 YES 13 NO 1 NOT VOTING 1 ABSENT 1 VACANT
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Reported Out of Committee (Administration) in House with 3 On Its Merits
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Re-Assigned to Administration Committee in House
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Assigned to Economic Development/Banking/Insurance & Commerce Committee in House
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Passed By Senate. Votes: 13 YES 8 NO
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Amendment SA 2 to SB 75 - Passed By Senate. Votes: 15 YES 6 NO
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Amendment SA 1 to SB 75 - Passed By Senate. Votes: 17 YES 4 NO
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Reported Out of Committee (Elections & Government Affairs) in Senate with 3 Favorable, 1 On Its Merits
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Amendment SA 2 to SB 75 - Introduced and Placed With Bill
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Amendment SA 1 to SB 75 - Introduced and Placed With Bill
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Introduced and Assigned to Elections & Government Affairs Committee in Senate
Sponsors
- Eric Morrison · Primary
- Bryan Townsend · Primary
- David P. Sokola · Primary
- Claire Snyder-Hall · Primary
- Edward S. Osienski · Primary
- Trey Paradee · Primary
Sponsorship breakdown
Export CSV (upgrade) →6 sponsors · 0 co-sponsors · 56 not signed on · 24 voted No
Sponsors (6)
- Eric Morrison Democratic
- Bryan Townsend Democratic
- David P. Sokola Democratic
- Claire Snyder-Hall Democratic
- Edward S. Osienski Democratic
- Trey Paradee Democratic
Co-sponsors (0)
None.
Not signed on (56)
56 members have not signed on to this bill.
Show all 56 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 25 | 2 | 0 | 0 |
| Republican | 0 | 14 | 0 | 0 |
| Total | 25 | 16 | 0 | 0 |
| % of votes cast | 61% | 39% | 0% | 0% |
How each member voted (41)
| Member | Party | Vote |
|---|---|---|
| Alonna Berry | Democratic | Nay |
| Claire Snyder-Hall | Democratic | Yea |
| Cyndie Romer | Democratic | Yea |
| DeShanna U Neal | Democratic | Yea |
| Debra Heffernan | Democratic | Yea |
| Edward S. Osienski | Democratic | Yea |
| Eric Morrison | Democratic | Yea |
| Frank Burns | Democratic | Yea |
| Franklin D. Cooke | Democratic | Yea |
| Josue O Ortega | Democratic | Yea |
| Kamela T Smith | Democratic | Yea |
| Kendra Johnson | Democratic | Yea |
| Kerri Evelyn Harris | Democratic | Yea |
| Kimberly Williams | Democratic | Yea |
| Krista Griffith | Democratic | Yea |
| Larry Lambert | Democratic | Yea |
| Madinah Wilson-Anton | Democratic | Yea |
| Mara Gorman | Democratic | Yea |
| Melanie Ross Levin | Democratic | Yea |
| Melissa Minor-Brown | Democratic | Yea |
| Nnamdi O. Chukwuocha | Democratic | Yea |
| Sean M. Lynn | Democratic | Yea |
| Sherae'a Moore | Democratic | Nay |
| Sophie Phillips | Democratic | Yea |
| Stephanie T. Bolden | Democratic | Yea |
| William Bush | Democratic | Yea |
| William J. Carson | Democratic | Yea |
| Bryan W. Shupe | Republican | Nay |
| Charles S Postles Jr. | Republican | Nay |
| Daniel B. Short | Republican | Nay |
| Jeff Hilovsky | Republican | Nay |
| Jeffrey N. Spiegelman | Republican | Nay |
| Jesse R. Vanderwende | Republican | Nay |
| Kevin S Hensley | Republican | Nay |
| Lyndon D. Yearick | Republican | Nay |
| Michael F. Smith | Republican | Nay |
| Richard G. Collins | Republican | Nay |
| Ronald E. Gray | Republican | Nay |
| Shannon Morris | Republican | Nay |
| Timothy D. Dukes | Republican | Nay |
| Valerie Jones Giltner | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 14 | 0 | 0 | 1 |
| Republican | 0 | 6 | 0 | 0 |
| Total | 14 | 6 | 0 | 1 |
| % of votes cast | 67% | 29% | 0% | 5% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Bryan Townsend | Democratic | Yea |
| Daniel Cruce | Democratic | Yea |
| Darius J. Brown | Democratic | Yea |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Kyra L. Hoffner | Democratic | Yea |
| Laura V. Sturgeon | Democratic | Yea |
| Marie Pinkney | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| Ray Seigfried | Democratic | Yea |
| Russell Huxtable | Democratic | Not Voting |
| S. Elizabeth Lockman | Democratic | Yea |
| Spiros Mantzavinos | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Trey Paradee | Democratic | Yea |
| Brian Pettyjohn | Republican | Nay |
| Bryant L. Richardson | Republican | Nay |
| Dave G. Lawson | Republican | Nay |
| David L. Wilson | Republican | Nay |
| Eric Buckson | Republican | Nay |
| Gerald W. Hocker | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 25 | 1 | 0 | 0 |
| Republican | 0 | 12 | 0 | 2 |
| Total | 25 | 13 | 0 | 2 |
| % of votes cast | 63% | 33% | 0% | 5% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Claire Snyder-Hall | Democratic | Yea |
| Cyndie Romer | Democratic | Yea |
| DeShanna U Neal | Democratic | Yea |
| Debra Heffernan | Democratic | Yea |
| Edward S. Osienski | Democratic | Yea |
| Eric Morrison | Democratic | Yea |
| Frank Burns | Democratic | Yea |
| Franklin D. Cooke | Democratic | Yea |
| Josue O Ortega | Democratic | Yea |
| Kamela T Smith | Democratic | Yea |
| Kendra Johnson | Democratic | Yea |
| Kerri Evelyn Harris | Democratic | Yea |
| Kimberly Williams | Democratic | Yea |
| Krista Griffith | Democratic | Yea |
| Larry Lambert | Democratic | Yea |
| Madinah Wilson-Anton | Democratic | Yea |
| Mara Gorman | Democratic | Yea |
| Melanie Ross Levin | Democratic | Yea |
| Melissa Minor-Brown | Democratic | Yea |
| Nnamdi O. Chukwuocha | Democratic | Yea |
| Sean M. Lynn | Democratic | Yea |
| Sherae'a Moore | Democratic | Nay |
| Sophie Phillips | Democratic | Yea |
| Stephanie T. Bolden | Democratic | Yea |
| William Bush | Democratic | Yea |
| William J. Carson | Democratic | Yea |
| Bryan W. Shupe | Republican | Nay |
| Charles S Postles Jr. | Republican | Not Voting |
| Daniel B. Short | Republican | Nay |
| Jeff Hilovsky | Republican | Nay |
| Jeffrey N. Spiegelman | Republican | Not Voting |
| Jesse R. Vanderwende | Republican | Nay |
| Kevin S Hensley | Republican | Nay |
| Lyndon D. Yearick | Republican | Nay |
| Michael F. Smith | Republican | Nay |
| Richard G. Collins | Republican | Nay |
| Ronald E. Gray | Republican | Nay |
| Shannon Morris | Republican | Nay |
| Timothy D. Dukes | Republican | Nay |
| Valerie Jones Giltner | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 13 | 2 | 0 | 0 |
| Republican | 0 | 6 | 0 | 0 |
| Total | 13 | 8 | 0 | 0 |
| % of votes cast | 62% | 38% | 0% | 0% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Bryan Townsend | Democratic | Yea |
| Daniel Cruce | Democratic | Yea |
| Darius J. Brown | Democratic | Nay |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Kyra L. Hoffner | Democratic | Yea |
| Laura V. Sturgeon | Democratic | Yea |
| Marie Pinkney | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| Ray Seigfried | Democratic | Yea |
| Russell Huxtable | Democratic | Nay |
| S. Elizabeth Lockman | Democratic | Yea |
| Spiros Mantzavinos | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Trey Paradee | Democratic | Yea |
| Brian Pettyjohn | Republican | Nay |
| Bryant L. Richardson | Republican | Nay |
| Dave G. Lawson | Republican | Nay |
| David L. Wilson | Republican | Nay |
| Eric Buckson | Republican | Nay |
| Gerald W. Hocker | Republican | Nay |
Subjects
Frequently asked questions
- What does SB 75 do?
- 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.
- Who sponsors SB 75?
- SB 75 is sponsored by Eric Morrison (Democratic), Bryan Townsend (Democratic), David P. Sokola (Democratic), Claire Snyder-Hall (Democratic), Edward S. Osienski (Democratic), and Trey Paradee (Democratic).
- What is the current status of SB 75?
- This bill has been sent to the executive. Introduced March 20, 2025. It awaits signature.
- Where can I track SB 75?
- Track SB 75 free on One Click Politics — get push/email alerts when it moves.
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