DOVER, Del. - Delaware lawmakers are taking another run at a bill aimed at reshaping where recreational marijuana stores can operate months after Gov. Matt Meyer vetoed it.
On Wednesday, Jan. 28, The Delaware Senate voted to override Meyer’s veto of Senate Bill 75, legislation that would limit zoning restrictions for retail marijuana dispensaries. Democratic supporters of the override, the first attempted of Meyer’s administration, argue the legislation is necessary to get the state’s adult-use cannabis market fully up and running.
Meyer vetoed the bill last year, arguing it went too far in limiting local governments’ authority over land-use and zoning decisions. At the time, the governor said counties should retain control over how or even whether marijuana retailers are allowed within their borders.
During Wednesday’s Senate debate, supporters framed the override effort as a response to what they described as a stalled rollout of legalized recreational marijuana, which the General Assembly approved in 2023.
Sen. Trey Paradee, the bill’s sponsor, said dozens of businesses awarded conditional licenses in 2024 have been unable to open because zoning rules, particularly in Sussex County, make it nearly impossible to find compliant locations.
“In Sussex County in particular, zoning ordinances have been used to make it functionally impossible to site a marijuana retail business,” Paradee said on Wednesday.
Paradee told his Senate colleagues the problem isn’t a lack of interest or investment in the retail cannabis industry, but a lack of usable land.
He pointed to large buffer requirements and narrow zoning categories that, he said, effectively function as local bans, leaving license holders paying rent, legal fees and engineering costs without a path forward.
Supporters also argued that delays are costing Delaware tax revenue, as residents travel to neighboring states like Maryland and New Jersey, where recreational cannabis markets are already established.
Opponents pushed back, emphasizing local control.
Several Republican senators argued counties, especially Sussex County, should retain the ability to decide what types of businesses operate near homes, churches, schools, and treatment facilities. Others said recent zoning changes adopted by Sussex County show progress without the need for state intervention.
Senators also raised concerns about precedent, warning that limiting county zoning authority for cannabis could open the door to similar action on other land-use issues.
The veto override passed the Senate with the required three-fifths majority in a 14-6 vote largely along party lines. Sussex County’s lone Democratic state senator, Russ Huxtable (D-Lewes), abstained while the rest of his Democratic colleagues voted for the override. All Republicans voted against.
The bill now moves to the Delaware House, where lawmakers will decide whether to override the governor’s veto there as well. If the House follows suit, Senate Bill 75 would become law despite the governor’s objections, altering how counties regulate recreational marijuana retailers across the state.