A typically routine vote was not Tuesday night as New Castle County Council balked at a marijuana regulation bill passed in the General Assembly.
County Council did not pass a measure to bring county rules in line with Senate Bill 75, which set new limitations on the county’s ability to regulate the operation and location of marijuana facilities.
In response to Senate Bill 75, Councilwoman Janet Kilpatrick has a simple question for the General Assembly.
"When then does the alcohol group turn on the state and say wait a minute, you overrode, the county regulations for marijuana. How about overriding them for us? And then we go in this circle, you know there's going to be a lawsuit and all of that," said Kilpatrick.
Kilpatrick notes the county classified marijuana along with alcohol, which is why she asked that question. She was among the seven on council not voting.
The county originally adopted rules in December 2024 based on the Delaware Marijuana Control Act of 2023, which allowed counties to set their own regulations regarding the operation and location of marijuana uses.
The new state code and the county ordinance voted down allow no portion of a proposed retail marijuana store building and signage located within half mile of an existing retail marijuana store.
It also reduces to 500 feet the buffer between a retail facility and a substance abuse treatment facility, compared to the 1,000 foot buffer previously passed by County Council.
That buffer also applies to a school or institution of higher education, a child care facility, governmental parkland, library and a residential treatment facility.
County Councilman Kevin Caneco was among those rejecting the changes.
"I cannot allow the state to continue to trump us each and every time when they have no idea what they're doing with land use. They have no idea what they're doing,” said Caneco. “We've seen this time after time after time again. And I think we need to send a message. So I will not be voting for this. I'll be very clear on this. I've been very direct on this. If you want to pass bills in Dover at 4:20 in the morning and not talk to us then, you're going to have this situation."
The measure only received one ‘yes’ vote and three ‘no’ votes, with seven not voting and one voting present. There was also one absent.
Gov. Matt Meyer vetoed Senate Bill 75, but the General Assembly voted to override his veto.
https://www.delawarepublic.org/politics-government/2025-08-28/untrustworthy-lawmakers-feel-betrayed-by-gov-meyers-veto-of-marijuana-zoning-and-labor-bill
