Upper Darby, PA Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- By-right district
- C-4 Commercial-Industrial
- Special-exception district
- C-3 Traditional Downtown Business
- Approval body for C-3
- Zoning Hearing Board
- Opt-out status
- none, Township has not opted out
- Recreational cannabis
- not zoned, not legal in PA
- Added
- Ord. No. 3038 (2017)
Summary
Upper Darby zones medical marijuana dispensaries and grower/processor facilities as permitted, by-right uses in the C-4 Commercial-Industrial District under § 550-24B, subject to Pennsylvania Department of Health licensing. The older C-3 Traditional Downtown Business District allows a dispensary too, but only as a Zoning Hearing Board special exception with added operating conditions. The Township has not opted out of the state's medical marijuana program.
B. Permitted uses. A list of permitted uses is provided in Article III, § 550-8, Table of Permitted Uses. (1) A medical marijuana dispensary as defined in this chapter and as permitted and regulated by the Department of Health of the Commonwealth of Pennsylvania. ... (2) A medical marijuana grower/processer as defined in this chapter and as permitted and regulated by the Department of Health of the Commonwealth of Pennsylvania.
Full Breakdown
§ 550-24B(1) and (2), added by Ordinance No. daily hours, one-third of gross square footage dedicated to secure medical marijuana storage, and a ban on drive-through service, outdoor seating and outdoor vending machines. 101 et seq. Chapter 550 contains no provision opting Upper Darby out of medical marijuana facilities and no reference to adult-use or recreational cannabis, which Pennsylvania has not legalized. The base permitted-use and special-exception lists for every district are maintained in the Article III, § 550-8 Table of Permitted Uses attachment.
Violations & Fines
A dispensary or grower/processor facility operating in a district where it is not a permitted use, or without special-exception approval where one is required, is subject to Zoning Officer enforcement, denial or revocation of its zoning use permit under § 550-53, and a civil judgment of up to $500 per day under § 550-53G, appealable to the Delaware County Court of Common Pleas. Losing the required state Department of Health permit independently voids the facility's authority to operate.
Frequently Asked Questions
Has Upper Darby opted out of allowing marijuana dispensaries?
Do dispensaries need a public hearing to open in Upper Darby?
Can recreational marijuana shops open in Upper Darby?
Sources & Official References
Other rules in Upper Darby
Compare Upper Darby to another location·View the Pennsylvania cannabis regulations overview
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