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SB 75DELAWARESession 153State BillBecame law over the governor's veto

Enacted

Delaware Limits County Restrictions on Retail Marijuana Stores and Cultivation Facilities

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

Last action · July 1, 2026: Enacted into LawSponsors: Trey Paradee and 5 others

Bill progressHistory & official text ↓

Introduced

Committee

Floor Vote

Passed

Law

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What This Bill Does

This Act restricts county authority over marijuana establishments by requiring counties to permit converted medical marijuana compassion centers as s, mandating minimum operating hours, and setting statewide zoning buffer rules. The law prohibits counties from banning indoor cultivation facilities in agricultural or industrial zones and supersedes existing local ordinances.

Why it matters

Marijuana businesses gain statewide uniformity in operating hours and zoning protections, while county governments lose the authority to enforce stricter local bans or buffer zones than those set by state statute.

Background

Delaware legalized adult-use recreational marijuana sales following legislative action and the establishment of a licensing framework under Title 4 of the Delaware Code. context

Who It Affects

Groups the bill's text affects, as described in the record. Being affected is not a position for or against it.

Directly affected

Retail marijuana stores

Retail marijuana stores receive mandated minimum operating hours and standardized buffer zone protections against county bans.

Directly affected

County governments

County governments lose authority to enforce local zoning ordinances and restrictions that conflict with the statewide standards for marijuana establishments.

Directly affected

Medical marijuana compassion centers

Conversion licensees are granted the right to operate retail stores as nonconforming uses despite county structural alteration rules.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

Can counties ban indoor marijuana cultivation facilities?

Counties cannot prohibit indoor, fully enclosed cultivation facilities in areas zoned for agricultural or industrial use.

What are the mandated minimum hours for retail marijuana stores under this Act?

Counties must allow retail marijuana stores to operate from 9 a.m. until 9 p.m. on Mondays through Saturdays, and from noon until 8 p.m. on Sundays.

How close can retail marijuana stores be to schools or places of worship?

In commercial or industrial zones, stores can be prohibited from operating within 500 feet of a place of worship, school, licensed child care, residential treatment facility, park, or library, and within 1/2 mile of another retail marijuana store.

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Where This Stands

Current status: Became law over the governor's veto.

Procedural history

15 actions

Jul 1, 2026Senate
Enacted into Law
Jul 1, 2026House
Veto Override Passed in the House. 25 YES 16 NO
Jan 28, 2026Senate
Veto Override Passed in the Senate. 14 YES 6 NO 1 NOT VOTING
Aug 28, 2025Office of the Governor
Vetoed by Governor
Jun 25, 2025HouseFloor
Passed By House. Votes: 25 YES 13 NO 1 NOT VOTING 1 ABSENT 1 VACANT
Jun 11, 2025HouseCommittee
Reported Out of Committee (Administration) in House with 3 On Its Merits

Show 9 earlier actions

May 22, 2025HouseIntroduced
Re-Assigned to Administration Committee in House
Apr 16, 2025HouseIntroduced
Assigned to Economic Development/Banking/Insurance & Commerce Committee in House
Apr 15, 2025SenateFloor
Passed By Senate. Votes: 13 YES 8 NO
Apr 15, 2025SenateCommittee
Amendment SA 2 to SB 75 - Passed By Senate. Votes: 15 YES 6 NO
Apr 15, 2025SenateCommittee
Amendment SA 1 to SB 75 - Passed By Senate. Votes: 17 YES 4 NO
Apr 10, 2025SenateCommittee
Reported Out of Committee (Elections & Government Affairs) in Senate with 3 Favorable, 1 On Its Merits
Apr 9, 2025SenateCommittee
Amendment SA 2 to SB 75 - Introduced and Placed With Bill
Apr 9, 2025SenateCommittee
Amendment SA 1 to SB 75 - Introduced and Placed With Bill
Mar 20, 2025SenateIntroduced
Introduced and Assigned to Elections & Government Affairs Committee in Senate

Version history

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