Delaware 153rd General Assembly (2025-2026) Status: To Executive 6 D cosponsors

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

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

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

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • To Executive

    Current position in the legislative process.

  • 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 removed

Plain-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.

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Latest
Paradee DELAWARE STATE SENATE 153rd GENERAL ASSEMBLY SENATE AMENDMENT NO.
Paradee & Rep.
1 TO SENATE BILL NO.
Osienski Sens.
75 AMEND Senate Bill No.
Hoffner, Sokola, Townsend;
75 on line 30 and line 32 by inserting "§ 1335A and" after "under" and before "§ 1335B" therein.
Reps.
SYNOPSIS This Amendment adds a reference to § 1335A of Title 4 because both § 1335A and § 1335B of Title 4 apply when a compassion center is granted a conversion license for a retail marijuana store.
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 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.
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(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 1 of 1 Released:
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04/09/2025 02:53 PM 5971530065
03/20/2025 11:51 AM 5971530031
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Action History

  1. Enacted into Law

  2. Veto Override Passed in the House. 25 YES 16 NO

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

  4. Vetoed by Governor

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

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

  7. Re-Assigned to Administration Committee in House

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

  9. Passed By Senate. Votes: 13 YES 8 NO

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

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

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

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

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

  15. Introduced and Assigned to Elections & Government Affairs Committee in Senate

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

6 sponsors · 0 co-sponsors · 56 not signed on · 24 voted No

Sponsors (6)

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3/5

Passed 25 Yea · 16 Nay
Party YeaNayPresentNot Voting
Democratic 25200
Republican 01400
Total 251600
% 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

Official roll call →

3/5

Passed 14 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 14001
Republican 0600
Total 14601
% 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

Official roll call →

SM

Passed 25 Yea · 13 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 25100
Republican 01202
Total 251302
% 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

Official roll call →

SM

Passed 13 Yea · 8 Nay
Party YeaNayPresentNot Voting
Democratic 13200
Republican 0600
Total 13800
% 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

Official roll call →

Subjects

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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?
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