The Sussex County Planning & Zoning Commission recommended amending the county ordinance on siting of marijuana retail stores.

There were no comments offered Oct. 15 during a public hearing, and P&Z voted 5-0 to recommend approval of the changes to the law without comment.

“The state … passed legislation making certain kinds of marijuana facilities legal in the state of Delaware,” said assistant county attorney Vince Robertson.

Among the provisions in the state law, approved in July 2023, counties could restrict marijuana retail stores and municipalities could ban them, and several municipalities in Sussex County did just that.

Sussex County Council enacted Ordinance 3016 in May 2024, that only allowed such businesses in C-3, heavy commercial zone, districts with approval of a conditional use by P&Z and county council.

The new proposal would make such businesses a permitted use in C-3 and C-2, medium commercial, districts.

The current county rule also bars the businesses within three miles of a municipal boundary, another retail marijuana shop, churches, schools, colleges and substance abuse treatment facilities.

The amendment supported Oct. 15 by P&Z proposal would reduce the distance between marijuana retail shops and municipal boundaries to a half-mile.

The proposal, which now goes to county council for a final decision, does not change other distances in the county law.

The three-mile separation was based on a state law requiring a three-mile gap between liquor stores, Robertson said, adding it was applied to churches, schools and substance abuse facilities to be consistent.

While proposed amendments do not address distances between marijuana shops and churches, schools and substance abuse facilities, council members said they will consider the issue during the public hearing process.

County council decided to reconsider its marijuana retail shop siting rules after the General Assembly passed Senate Bill 75 to limit those rules. State officials believed the ordinance was intended to thwart the state’s intent to allow marijuana sales. It left few, if any, locations for such businesses.

In August, Gov. Matt Meyer vetoed the bill, stating the decision was best left to the county. Meyer reached an agreement with Sussex County in which the county would consider easing its restrictions.

County officials have expressed a need to act quickly on potential changes to short-circuit any move by the General Assembly to override the governor’s veto of Senate Bill 75.