SB 75 DE

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Vetoed

This Act limits the restrictions a county may impose on the operation of marijuana establishments as follows: • Requires that a medical marijuana compassion center that was granted a conversion license for a retail marijuana store under § 1335B of Title 4 must be allowed to operate the retail marijuana store as a nonconforming use. • Prohibits the denial of a building permit to a licensee under § 1335B of Title 4 if the improvements comply with the physical requirements for property zoned for that use. The nonconforming use laws for each county, § 2610, § 4920, and § 6920 of Title 9 all prohibit structural alterations if a building is a nonconforming use but § 1335B(a)(1) requires that a conversion licensee continue to operate the location as a medical dispensing location. Thus, it is extremely likely that a compassion center with a conversion license for a retail marijuana store will need to make structural alterations to operate both as a medical dispensing location and as a retail marijuana store. • Requires that a county must allow the minimum hours of operation for a retail marijuana store to be 9 a.m. until 9 p.m. on Mondays through Saturdays and noon until 8 p.m. on Sundays. • In areas zoned for agricultural or industrial use, indoor, fully enclosed cultivation facilities may not be prohibited. • In areas zoned for commercial or industrial use, retail marijuana stores may be prohibited from operating only within a ½ mile of another retail marijuana store and within 500 feet of a place of worship, school, licensed child care, residential treatment facility, park, or library. The limits on county restrictions under this Act preempt and supersede all existing and future county ordinances or regulations regarding the operation of marijuana establishments. Section 2 makes corresponding changes to § 1351 of Title 4 so that section applies only to municipalities. This Act also makes technical changes to use consistent language in subsections (a) and (b) of § 1351 and § 1351A. Under § 1302(17) of Title 4, “‘marijuana establishment’” means all 4 types of entities licensed under Chapter 13 of Title 4.

• Trey Paradee Democratic · primary
• Edward S. Osienski Democratic · primary
• Claire Snyder-Hall Democratic · primary
• David P. Sokola Democratic · primary
• Bryan Townsend Democratic · primary
• Eric Morrison Democratic · primary

1. Mar 20, 2025 Introduced and Assigned to Elections & Government Affairs Committee in Senate · upper
2. Apr 9, 2025 Amendment SA 1 to SB 75 - Introduced and Placed With Bill · upper
3. Apr 9, 2025 Amendment SA 2 to SB 75 - Introduced and Placed With Bill · upper
4. Apr 10, 2025 Reported Out of Committee (Elections & Government Affairs) in Senate with 3 Favorable, 1 On Its Merits · upper
5. Apr 15, 2025 Amendment SA 1 to SB 75 - Passed By Senate. Votes: 17 YES 4 NO · upper
6. Apr 15, 2025 Amendment SA 2 to SB 75 - Passed By Senate. Votes: 15 YES 6 NO · upper
7. Apr 15, 2025 Passed By Senate. Votes: 13 YES 8 NO · upper
8. Apr 16, 2025 Assigned to Economic Development/Banking/Insurance & Commerce Committee in House · lower
9. May 22, 2025 Re-Assigned to Administration Committee in House · lower
10. Jun 11, 2025 Reported Out of Committee (Administration) in House with 3 On Its Merits · lower
11. Jun 25, 2025 Passed By House. Votes: 25 YES 13 NO 1 NOT VOTING 1 ABSENT 1 VACANT · lower
12. Aug 28, 2025 Vetoed by Governor · executive
13. Jan 28, 2026 Veto Override Passed in the Senate. 14 YES 6 NO 1 NOT VOTING · upper
14. Jul 1, 2026 Veto Override Passed in the House. 25 YES 16 NO · lower
15. Jul 1, 2026 Enacted into Law · upper