Delaware · Through 2026-08-10 (85 Del. Laws, c. 421, 424) · Newer source version available

4 Del. C. § 1351A: Local control; counties.

(a) (1) A county may limit the operation of marijuana establishments by enacting ordinances or regulations that do not conflict with this chapter, including regulations promulgated under this chapter.
(2) An ordinance or regulation governing the time or manner of marijuana establishment operations must allow a retail marijuana store to be open no less than the following hours:
a. Monday through Saturday, between 9 a.m. and 9 p.m.
b. Sunday, between noon and 8 p.m.
(3) Notwithstanding Chapter 26, Chapter 49, or Chapter 69 of Title 9, this section preempts and supersedes all existing and future county ordinances or regulations regarding the operation of marijuana establishments licensed under this chapter.
(b) If a compassion center is granted a conversion license for a retail marijuana store under §§ 1335A and 1335B of this title, a county must allow the retail marijuana store to operate as a nonconforming use under § 2610, § 4920, or § 6920 of Title 9, however a county may not deny a building permit to a licensee under §§ 1335A and 1335B of this title if the improvements comply with the physical requirements for properties in that zoning category.
(c) In an area that is zoned for agricultural or industrial use, a county may not prohibit a marijuana cultivation facility that is indoors and fully enclosed.
(d) In an area that is zoned for commercial or industrial use, a county may not prohibit the operation of a retail marijuana store except as follows:
(1) Within a ½ mile of another retail marijuana store.
(2) Within 500 feet of any of the following:
a. A school or institution of higher education.
b. A child care facility licensed under Chapter 30A of Title 14.
c. A residential treatment facility, as defined in § 2203 of Title 16.
d. A park or library.
(e) A marijuana establishment that is operating lawfully may continue to operate as a nonconforming use under § 2610, § 4920, or § 6920 of Title 9 after any of the following occur:
(1) The county enacts a change to the zoning of the location.
(2) An entity listed under subsection (d) of this section is established.
(f) A county may establish civil penalties for violation of an ordinance or regulations enacted under this section.

Where this section sits in the code

Title 4. Alcoholic Liquors and Marijuana
CHAPTER 13. The Delaware Marijuana Control Act
Subchapter IV. Determination of Applications

(2) An ordinance or regulation governing the time or manner of marijuana establishment operations must allow a retail marijuana store to be open no less than the following hours:

a. Monday through Saturday, between 9 a.m. and 9 p.m.

b. Sunday, between noon and 8 p.m.

(3) Notwithstanding Chapter 26, Chapter 49, or Chapter 69 of Title 9, this section preempts and supersedes all existing and future county ordinances or regulations regarding the operation of marijuana establishments licensed under this chapter.

(b) If a compassion center is granted a conversion license for a retail marijuana store under §§ 1335A and 1335B of this title, a county must allow the retail marijuana store to operate as a nonconforming use under § 2610, § 4920, or § 6920 of Title 9, however a county may not deny a building permit to a licensee under §§ 1335A and 1335B of this title if the improvements comply with the physical requirements for properties in that zoning category.

(c) In an area that is zoned for agricultural or industrial use, a county may not prohibit a marijuana cultivation facility that is indoors and fully enclosed.

(d) In an area that is zoned for commercial or industrial use, a county may not prohibit the operation of a retail marijuana store except as follows:

(1) Within a ½ mile of another retail marijuana store.

(2) Within 500 feet of any of the following:

a. A school or institution of higher education.

b. A child care facility licensed under Chapter 30A of Title 14.

c. A residential treatment facility, as defined in § 2203 of Title 16.

d. A park or library.

(e) A marijuana establishment that is operating lawfully may continue to operate as a nonconforming use under § 2610, § 4920, or § 6920 of Title 9 after any of the following occur:

(1) The county enacts a change to the zoning of the location.

(2) An entity listed under subsection (d) of this section is established.

(f) A county may establish civil penalties for violation of an ordinance or regulations enacted under this section.

Collected 2026-09-05T23:02:04Z. Source file · JSON

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