Delaware General Assembly

House Economic Development/Banking/Insurance & Commerce 1/20/26

Committee Hearing takes place within twelve legislative days.

1/20/26

Osienski

Sen. Paradee

Rep. Heffernan
Sen. Hoffner

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO MARIJUANA ESTABLISHMENT SPACING REQUIREMENTS.

This Act clarifies the application of the marijuana establishment spacing requirement in § 1354(e), Title 4 of the Delaware Code, by specifying that the distance limitation applies only to retail marijuana licenses. The Act aligns the marijuana licensing framework with Delaware’s existing liquor-control statutes, which impose spacing requirements on consumer-facing retail outlets but not on upstream operations such as production or wholesale activities. By limiting the spacing requirement to retail licenses, the Act permits the co-location of non-retail marijuana operations, including cultivation, manufacturing, and testing facilities, while preserving the Commissioner’s full regulatory authority over licensing, inspection, and enforcement.

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