SUSSEX COUNTY, DE - Some marijuana retailers and advocates in Delaware say Sussex County's current regulations revolving around retail marijuana severely limit the locations where marijuana can be sold throughout the county.
Jen Stark is the CEO of 'The Farm'; a medical marijuana dispensary with two locations, with a license to also sell recreational marijuana in the future. Stark currently has two locations in Northern Delaware and hopes to open a third one in Sussex County. However, her Sussex County plans were denied due to a county zoning ordinance.
"Businesses and social equity licenses that are coming up are going to have a very tough time establishing the locations with all the restrictions," Stark said.
Sussex County Ordinance No. 3016 keeps marijuana retail shops three miles from municipality borders, churches, schools, rehab centers, or other marijuana retail shops.
This map, provided by the Delaware Cannabis Advocacy Network, shows the restricted zones. The areas with arrows are where one could open a retail marijuana shop if successfully requested to be rezoned to C3 Heavy Commercial districts by the county.
"I feel like it's discriminatory zoning," Stark said. "We were told from the start from regulators and so forth that we would be grandfathered and it would be a non-conforming use because we are medical, however, that wasn't the case."
Zoe Patchell, the President of the Delaware Cannabis Advocacy Network, said the Sussex County zoning regulations circumvent Delaware Law. House Bill 2 states that municipalities may place bans regarding marijuana retail, but counties may only regulate the time, place, and manner.
"It's quite disappointing," Patchell said. "It truly goes against the will of the people. Legalization was supported by 70% of Delaware's residents."
A representative from Sussex County told WBOC that the ordinance was enacted to give a buffer to the county's 25 municipalities and community buildings. That representative went on to say that those interested in opening marijuana retail shops can apply to rezone properties that align with the restrictions.
