Vote Smart's Synopsis:

Vote to override a veto of a bill that prohibits local governments in Delaware from enacting zoning restrictions regarding marijuana businesses.

Highlights:

• Defines “park” as a government owned and controlled land for public recreation, excluding designated development open space (Sec. 1). 

• Authorizes a local municipality to prohibit the operation of marijuana establishments through an ordinance or a referred measure (Sec. 2). 

• Authorizes municipalities to regulate the time, place, manner, and number of marijuana establishments through non-conflicting ordinances and to establish civil penalties for violations (Sec. 2). 

• Requires an ordinance or regulation governing the time of a retail marijuana establishment to allow it to be open no less than the following hours (Sec. 3):

• Monday through Saturday between 9 a.m. and 9 p.m.; and

• Sunday between 12 p.m. and 8 p.m..

• Specifies that this section supersedes all existing and future local regulations on licensed marijuana establishments (Sec. 3). 

• Specifies that a compassion center that is granted a conversion license for a retail marijuana store must be allowed by a county to operate as nonconforming, and a county may not deny a building permit to such establishment (Sec. 3). 

• Prohibits counties from prohibiting a marijuana cultivation facility that is fully indoors and enclosed in an area that is zoned for agricultural or industrial use (Sec. 3).

• Prohibits counties from prohibiting the operation of a marijuana store, except the following (Sec. 3): 

• Within a ½ mile of another retail marijuana store; or

• Within 500 feet of a school or institution of higher education, a childcare facility, a residential treatment facility, or a park or library.

• Authorizes a lawful marijuana establishment to continue as nonconforming use if the county rezones the location or a nearby entity, as described above, is established, allowing counties to impose civil penalties for violations (Sec. 3).

Full Bill Text

Vetoed by Governor Matt Meyer

Vote Smart's Synopsis:

Vote to pass a bill that prohibits local governments in Delaware from enacting zoning restrictions regarding marijuana businesses.

Highlights:

• Defines “park” as a government owned and controlled land for public recreation, excluding designated development open space (Sec. 1). 

• Authorizes a local municipality to prohibit the operation of marijuana establishments through an ordinance or a referred measure (Sec. 2). 

• Authorizes municipalities to regulate the time, place, manner, and number of marijuana establishments through non-conflicting ordinances and to establish civil penalties for violations (Sec. 2). 

• Requires an ordinance or regulation governing the time of a retail marijuana establishment to allow it to be open no less than the following hours (Sec. 3):

• Monday through Saturday between 9 a.m. and 9 p.m.; and

• Sunday between 12 p.m. and 8 p.m..

• Specifies that this section supersedes all existing and future local regulations on licensed marijuana establishments (Sec. 3). 

• Specifies that a compassion center that is granted a conversion license for a retail marijuana store must be allowed by a county to operate as nonconforming, and a county may not deny a building permit to such establishment (Sec. 3). 

• Prohibits counties from prohibiting a marijuana cultivation facility that is fully indoors and enclosed in an area that is zoned for agricultural or industrial use (Sec. 3).

• Prohibits counties from prohibiting the operation of a marijuana store, except the following (Sec. 3): 

• Within a ½ mile of another retail marijuana store; or

• Within 500 feet of a school or institution of higher education, a childcare facility, a residential treatment facility, or a park or library.

• Authorizes a lawful marijuana establishment to continue as nonconforming use if the county rezones the location or a nearby entity, as described above, is established, allowing counties to impose civil penalties for violations (Sec. 3).

Full Bill Text