Sussex County, DE Cannabis Regulations: Dispensary Zoning (2026)

Added by Ord. No. 7 governs where a retail marijuana store can locate in unincorporated Sussex County. Subsection A states plainly that no retail marijuana store shall be located within three miles of any municipal boundary. Because Sussex is dotted with incorporated towns from Georgetown to Millsboro to the beach resorts, that three-mile radius removes most of the county's populated corridors from consideration and effectively confines new stores to rural, unincorporated stretches. Subsection D ties operating hours to state law: stores may only operate between the hours established for them by Title 4 of the Delaware Code.

Subsection E protects businesses that were already licensed and open before the ordinance took effect: any marijuana establishment approved and licensed as of the date of adoption of this section is considered a legal nonconforming use, though those existing stores still must follow the Subsection D hours. A store that satisfies the three-mile distance from municipal boundaries in Subsection A must separately clear the additional spacing rules from other stores and from schools, churches and treatment facilities before locating, since all of the section's subsections apply cumulatively to any new retail marijuana store application.