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DelawareSB 75153rd General Assembly (2024–2026)Senate

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

Sponsored By: Trey Paradee (Democratic)

Became Law

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Marijuana businesses gain county zoning protections

Counties must allow compassion centers with retail conversion licenses to operate even when local zoning does not allow that use. These stores remain subject to state rules for uses that do not match current zoning. Counties cannot deny building permits for improvements that meet the zoning category's physical requirements. Counties cannot ban fully enclosed indoor marijuana growing facilities in agricultural or industrial zones. Lawful marijuana businesses can continue under state zoning rules after a county zoning change or a listed nearby site opens.

Local marijuana rules face state limits

Delaware counties can regulate marijuana businesses and set civil penalties, but their rules must follow state marijuana law and regulations. The new county framework overrides existing and future county rules on licensed marijuana businesses. Municipalities can ban marijuana businesses by ordinance or voter-initiated measure, regulate operations consistently with state rules, and set civil penalties. Counties must allow retail stores to open from 9 a.m. to 9 p.m. Monday through Saturday. On Sundays, counties must allow stores to open from noon to 8 p.m.

Marijuana store bans face distance limits

In commercial or industrial zones, counties can ban retail marijuana stores only within the listed distances. These are one-half mile from another retail marijuana store or 500 feet from a listed community site. Listed sites include places of worship, schools, colleges, state-licensed child care facilities, residential treatment facilities, parks, and libraries. A park is government-owned, developed, or controlled land for outdoor recreation. Open space recorded on a development plan does not count as a park.

Sponsors & Cosponsors

Sponsor

  • Trey Paradee

    Democratic • Senate

Cosponsors

  • Kyra L. Hoffner

    Democratic • Senate

  • Eric Morrison

    Democratic • House

  • Edward S. Osienski

    Democratic • House

  • Claire Snyder-Hall

    Democratic • House

  • David P. Sokola

    Democratic • Senate

  • Bryan Townsend

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 77 • No: 43

House vote • 7/1/2026

Passed (3/5 required)

Yes: 25 • No: 16

Senate vote • 1/28/2026

Passed (3/5 required)

Yes: 14 • No: 6

House vote • 6/25/2025

Passed (SM required)

Yes: 25 • No: 13

Senate vote • 4/15/2025

Passed (SM required)

Yes: 13 • No: 8

Actions Timeline

  1. Enacted into Law

    7/1/2026Senate

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

    7/1/2026Senate

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

    1/28/2026Senate

  4. Vetoed by Governor

    8/28/2025Governor

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

    6/25/2025House

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

    6/11/2025House

  7. Re-Assigned to Administration Committee in House

    5/22/2025House

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

    4/16/2025House

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

    4/15/2025Senate

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

    4/15/2025Senate

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

    4/15/2025Senate

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

    4/10/2025Senate

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

    4/9/2025Senate

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

    4/9/2025Senate

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

    3/20/2025Senate

Bill Text

  • Current

    3/20/2025

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