Sussex P&Z recommends passage of marijuana regs
Regulations on the growing and sales of marijuana in unincorporated areas in Sussex County have moved a step closer. At its April 24 meeting, the Sussex County Planning & Zoning Commission recommended approval of the ordinance.
Sussex County Council has scheduled a public hearing on the ordinance at its Tuesday, May 14 meeting.
Commissioner Holly Wingate said the ordinance allows for proper standards and locations of establishments while respecting municipal boundaries where the establishments can be banned under state law. Most towns and cities in Sussex County have already banned sale and manufacturer of marijuana.
The county can’t prohibit establishments but can determine where they can be located, including retail stores and cultivation, manufacturing and testing facilities.
House Bill 1 makes recreational marijuana legal for adults 21 and over to possess, use, purchase and transport. It’s not legal to consume in public or in moving vehicles, and only state-licensed facilities can sell, grow or manufacture marijuana.
House Bill 2 creates the Office of Marijuana Commissioner, creates a timeline, establishes rules and regulations and enforcement of the regulations, authorizes 125 licenses and establishes a 15% sales tax.
Under the county’s ordinance, cultivation and manufacturing facilities would be a permitted use in AR-1, C-1, CR-2, C-3, LI and LI-2, which would not require a public hearing.
Retail stores would only be permitted in C-3 zoning districts and would require a conditional-use application filed with the county, which is subject to planning & zoning and county council public hearings.
Wingate said the Office of Marijuana Commission said most of the establishments will be located in commercial areas in industrial buildings not open to the public.
No retail store is permitted within three miles of a town or city boundary, within three miles of another marijuana retail store or within three miles of a church, school, college or substance-abuse treatment facility. Proposed hours would be compliant with state law.
Retail establishments must meet county zoning regulations before the state can issue a license.
The 24 states where marijuana is legal include New Jersey, Maryland and Virginia.
Marijuana Control Act timeline
Sept. 1: License application acceptance
Nov. 1: Begin process to issue up to 60 cultivation facility licenses
Dec. 1: Begin process to issue up to 30 manufacturing licenses
March 1, 2025: Process to issue up to 30 retail licenses and up to five testing facility licenses.
