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Cannabis Regulations in Sussex County, DE (2026)

2 rules for unincorporated Sussex County, Delaware.

Verified from official government sources

Note: These county rules apply to unincorporated areas of Sussex County. If you live within an incorporated city, that city's own rules apply: see the city list below.

Dispensary Zoning

Sussex County Code § 115-194.7 keeps retail marijuana stores well outside its towns: no store may sit within three miles of "any municipal boundary," pushing every location into unincorporated county land, and stores already open when the rule passed on 5-14-2024 keep operating as legal nonconforming uses.

Sussex County Marijuana Store Location Rules

Significant Restrictions

Sussex County Code § 115-194.7A, D, E

No retail marijuana store shall be located within three miles of any municipal boundary. ... Retail marijuana stores may only operate between the hours established for them by Title 4 of the Delaware Code. ... Any approved and licensed marijuana establishment in existence as of the date of adoption of this section shall be considered a legal nonconforming use.

Buffer Zones

Sussex County Code § 115-194.7 keeps retail marijuana stores three miles from each other and three miles from any church, school, college or substance abuse treatment facility, layered on top of the separate three-mile buffer from town boundaries in the same section.

Sussex County Marijuana Store Buffer Distances

Significant Restrictions

Sussex County Code § 115-194.7B, C

No retail marijuana store shall be located within three miles of any other retail marijuana store. ... No retail marijuana store shall be located within three miles of any church, school, college, or substance abuse treatment facility as defined under 16 Del. C. § 2203.

All Sussex County ordinances

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