AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO MARIJUANA ESTABLISHMENT SPACING REQUIREMENTS.

Marijuana businesses get narrower spacing rules

Delaware’s spacing limits apply only to marijuana retailers, not growing, manufacturing, or testing facilities. Those operations can share a site with a retailer, subject to existing licensing and oversight. New retail shops generally must be at least 1,200 feet from another licensed retailer in incorporated cities or towns. In unincorporated or rural areas, the minimum is 1 mile. The Commissioner may approve a rural-area license at more than 0.9 mile but less than 1 mile. Distances are measured along accessible public roads or streets. Existing retail licenses, sales, ownership transfers, and renewals are exempt. Retailers moving within 500 feet of their current premises are also exempt. Retailers can also move anywhere within the same shopping center or mall, including centers with multiple buildings.