AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO MARIJUANA ESTABLISHMENT SPACING REQUIREMENTS.
This Act clarifies the application of the marijuana establishment spacing requirement in § 1354(e), Title 4 of the Delaware Code, by specifying that the distance limitation applies only to retail marijuana licenses. The Act aligns the marijuana licensing framework with Delaware’s existing liquor-control statutes, which impose spacing requirements on consumer-facing retail outlets but not on upstream operations such as production or wholesale activities. By limiting the spacing requirement to retail licenses, the Act permits the co-location of non-retail marijuana operations, including cultivation, manufacturing, and testing facilities, while preserving the Commissioner’s full regulatory authority over licensing, inspection, and enforcement.
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Action history
- 3/19/2026Passed By House. Votes: 34 YES 2 NO 1 NOT VOTING 4 ABSENT
- 3/19/2026Assigned to Banking, Business, Insurance & Technology Committee in Senate
- 3/10/2026Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 11 On Its Merits
- 1/20/2026Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House