Delaware's House of Representatives voted 25-16 early Wednesday to override Gov. Matt Meyer's (D) veto of a bill barring local governments from imposing zoning rules that block marijuana businesses from operating, following the Senate's own override vote back in January.
House Majority Whip Ed Osienski (D) moved for the override, pointing to a May state Supreme Court ruling that gave the General Assembly authority over land-use issues. "The General Assembly controls zoning power," he said, according to Spotlight Delaware.
Sen. Trey Paradee (D), the bill's sponsor, had earlier accused Meyer of lying about a prior deal to enact the measure, but softened his rhetoric ahead of the Senate vote, saying the override wasn't a "personal attack." He argued the state has failed to meaningfully expand the number of operating dispensaries since legalizing marijuana in 2023, calling the licensing system one that "promises opportunity while tolerating a local land use environment that prevents those licenses from ever being used."
Delaware's adult-use market launched last August; Meyer touted nearly $1 million in combined medical and recreational sales during the opening weekend. But Paradee said county-aligned zoning restrictions are limiting the market's growth and strengthening the illicit market. The measure, Senate Bill 75, sets a "statewide floor" so licensed businesses have "a realistic path" to open, without eliminating local safety rules or setback requirements, he said.
"If we allow the governor's veto to stand, we are effectively telling conditional license holders, you want a license, but we never intended to give you a place to operate," Paradee said, adding, "Overriding this veto is not radical—is not reckless. It is responsible."
Meyer has maintained he supports legalization but believes zoning should remain a local matter, opposing any requirement that stores sit at least 500 feet from elementary schools. "I think it's a local decision," he said. "That's what I think."
Delaware's legal market launched two years after the 2023 legalization law signed under former Gov. John Carney (D). Sales were delayed after the state needed an FBI fingerprint background-check service code; lawmakers passed a fix in April, and the FBI subsequently issued the code. Meyer separately signed a bill in May letting terminally ill patients use medical marijuana in hospitals and other healthcare facilities.
A House committee this session also approved, but did not advance further, a bill decriminalizing public marijuana use. Delaware currently allows jail time plus fines for that offense, a harsher approach than states like Colorado and Ohio. Regulators plan to issue 125 total cannabis business licenses—30 retailers, 60 cultivators, 30 manufacturers and five testing labs—with portions reserved for social equity applicants and microbusinesses. Two lawmakers, Paradee and Osienski, have also solicited anonymous consumer and business feedback on the market's rollout ahead of next year's legislative session.
