weed

GEORGETOWN, Del. - The Sussex County Planning and Zoning Commission is looking into how to regulate marijuana establishments in the county before the state adopts regulations in July.

One public hearing on the commission's agenda for Wednesday was an ordinance to amend county code relating to marijuana establishments. Currently, the code does not talk about where these businesses could go in any shape or form.

Under the Marijuana Control Act, the county is not given the authority to prohibit marijuana establishments within its boundaries, but it can still regulate how and where marijuana can be cultivated, manufactured and sold.

According to the presentation given during the public hearing, cultivation facilities would be enclosed and meet environmental requirements. 

county cultivation example

The presentation from Wednesday's public hearing shows an example of a vacant industrial site in Milford that was transformed into a medicinal marijuana cultivation facility.

The proposed ordinance outlines several zoning districts in which cultivation, manufacturing and testing would be permitted. They are Agricultural Residential (AR-1), Commercial (C-1), Commercial Residential, (CR-1), Heavy Commercial (C-3), Limited Industrial (LI-1), Light Industrial (LI-2) and Heavy Industrial (HI-1).  

Meanwhile, marijuana businesses would only be permitted in Heavy Commercial zoning districts. They also must be within three miles from the following: 

  • schools
  • churches
  • substance abuse treatment facilities
  • a municipal boundary
  • another marijuana business

That means in Sussex County these businesses will be quite limited on where they can actually open up.

The commission pointed out that towns in Sussex County are 7 or 8 miles apart and said they don't see themselves being overrun with applications.

The vote was deferred. Regardless of what the county ultimately decides, towns and municipalities still have the authority to ban marijuana establishments in their jurisdictions under the Marijuana Control Act.

Rehoboth Beach, Bethany Beach and Dewey Beach passed broad marijuana bans. Dagsboro, South Bethany, Millsboro and Bridgeville voted to ban the sale and production of marijuana within town limits. It is still legal for private use of marijuana in all of these places.

A proud Lewes native, Mallory is a dynamic weeknight anchor at CoastTV News, where she brings a blend of local insight and journalistic excellence. Twice honored by the Chesapeake Associated Press Broadcasters Association, Mallory earned the "Video Journalist/One Man Band Reporter" award in 2020 and was part of the team that won "Outstanding Morning Newscast" in 2022. Tune in to see Mallory anchor CoastTV News at 11 p.m. on weeknights and keep an eye out for her reports during the 5 and 6 p.m. broadcasts.