The Sussex County Planning and Zoning Commission has put forth a recommendation to change the local ordinances about the places where marijuana retail stores can be set up. During the public hearing held on October 15th, nobody raised any objections, and the commission, by a vote of 5-0, pronounced their support for the amendment in unanimous terms.

Assistant County Lawyer Vince Robertson told the commission that this move is in agreement with state law in Delaware, which went in for certain marijuana facilities in July 2023. While counties have the power to control the operation of such businesses, municipalities can outlaw them completely, and that is precisely the case with a few towns in Sussex County.

Present Rules and the Reason behind Their Revision

At present, marijuana retail stores are confined to heavy commercial (C-3) zones under Ordinance 3016, passed in May 2024. Even then, obtaining conditional use approval from both the Planning and Zoning Commission and the County Council is a prerequisite.

The new amendment proposes a more flexible approach. If the proposal gets the green light, marijuana retail shops would be classified as a permissible use in both C-3 (heavy commercial) and C-2 (medium commercial) districts. This transitional measure would expand the pool of locations that licensed businesses can legally operate within the county.

Distance Restrictions to Be Adjusted

One of the most considerable changes proposed is about distance limits. Currently, marijuana retailers are allowed to operate only if they are more than three miles away from the municipal boundaries, as well as other similar establishments like schools, colleges, churches, etc.

The Planning and Zoning Commission has proposed an amendment that would allow the distance from municipal boundaries to the marijuana retailers to be just half a mile. However, the other distances, for instance, from schools, churches, and treatment centers, will remain unchanged for the time being.

Robertson mentioned that the initial three-mile buffer was patterned after the state’s liquor store regulation which mandates a comparable distance between outlets. County officials adopted that system to ensure uniformity though it made the situation tough for cannabis businesses.

Background on the State’s Involvement

The drive to amend local laws came after Delaware's General Assembly enacted Senate Bill 75, which intended to restrict counties' power to determine the locations of marijuana retail. State authorities claimed that the ordinance of Sussex County was too stringent and barely allowed businesses to operate.

Nonetheless, Governor Matt Meyer rejected the bill in August, arguing that the powers of planning and land use should be with the counties. After the veto, Meyer and Sussex County officials reached an arrangement whereby the county would take a gradual step with its restrictions that would be more in line with the state law.

Next Steps for County Council

The recommendation of the Planning and Zoning Commission is now going to the County Council for final deliberation. In the next hearings, the members of the council are going to discuss if the distances from schools, churches, and substance abuse facilities need to be revised as well.

The county officials have indicated that there is a desire to quickly process the proposal before the state legislature comes back to the issue or even tries to lift the governor's veto. At this point, the debate is indicative of a larger balancing act—keeping the standards of the community while at the same time permitting the new businesses to be in existence under the changing marijuana laws in Delaware.