Marijuana regulations on Sussex council’s docket

Under the new Marijuana Control Act enacted in April, Sussex County must allow marijuana stores and cultivation facilities in unincorporated areas. Towns have the option to ban sales and manufacturing outright, and many have so far, including Rehoboth Beach, Dewey Beach, Bethany Beach, Millville, Seaford, Ocean View, Fenwick Island, Millsboro and Dagsboro. Other town leaders are in the process of discussing similar action.

Assistant county attorney Vince Robertson told Sussex County Council Dec. 5 that council can regulate the location, manner and time involving establishments, as long as regulations conform to state law.

“We can set up guardrails like we have in other areas of the code,” he said.

Roberston said he would return to council with a draft ordinance for possible introduction as soon as possible before the state starts issuing grower and seller licenses.

Robertson said with council and staff input, he's compiled a list of possible conditions.

Marijuana retail stores would be allowed in C-3, heavy commercial zoning districts. Rezoning and conditional-use applications will be required.

No establishments could open within one mile of a municipal boundary, within three miles of another establishment, or less than one mile from treatment centers, churches, schools and colleges.

Proposed hours would be 7 a.m. to 9 p.m.

Cultivation facilities, because they also include packaging and preparation, would be allowed in AR-1 zoning districts and require a conditional-use application. Robertson said staff will provide possible separation distances in the draft ordinance.

Councilwoman Cindy Green suggested that all distances in the ordinance should be three miles to limit confusion.

“There is some logic to that,” Robertson said. “It's something to consider.”

“I think we need to make regulations as strict as possible. Let's make it five miles,” said Councilman John Rieley.

“We have to follow the law and can't de facto deny it,” Robertson said.