Sussex council approves marijuana regulations

With a unanimous vote May 14, Sussex County Council approved an ordinance to regulate marijuana establishments in unincorporated areas of the county.

Under state law legalizing cannabis, towns are given the option to ban establishments from town limits, but the county must allow for retail, manufacturing, testing and cultivating facilities under county established zoning regulations.

During the vote, three council members spoke out against the law.

“I don’t like the legislation at all,” said Councilman Doug Hudson. “You can’t convince me it’s not a gateway drug.”

“I do not like it, but it does restrict sales,” said Councilman John Rieley. “The state stores will be higher cost and push people to the illicit market. Use will become more widespread, and it’s not healthy.”

Council President Mike Vincent said the option of doing nothing would open up state control in the county.

Zoe Patchell, executive director of Delaware Cannabis Advocacy Network, urged council to reconsider removing zoning restrictions in the ordinance and zone marijuana retail stores similar to where alcohol is permitted to be sold. She likened the regulations to prohibition. “The ban will lead to all business going back to illicit markets,” she said.

Under the county’s ordinance, cultivation and manufacturing facilities will 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 will 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.

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 from 9 a.m. to 10 p.m.