Sussex County Council has introduced an ordinance to regulate the cultivation, manufacturing, testing and sale of marijuana in unincorporated areas in the county.
“Under the law, the county can regulate but not prohibit them. We can determine where they should go and where they shouldn’t go,” said assistant county attorney Vince Robertson during a Feb. 6 presentation.
Robertson said staff will place the draft ordinance on agendas for future planning & zoning commission and county council meetings.
House Bill 1 makes recreational marijuana legal for adults 21 and over to possess, use, purchase and transport. It’s not legal to consume in public or in moving vehicles, and only state-licensed facilities can sell, grow or manufacture marijuana.
House Bill 2 creates the Office of Marijuana Commissioner, creates a timeline, establishes rules and regulations and enforcement of the regulations, authorizes 125 licenses and establishes a 15% sales tax.
Under the county’s proposed ordinance, cultivation and manufacturing facilities would be a permitted use in seven zoning districts, which would not require a public hearing.
Retail stores would only be permitted in C-3 zoning districts and would require a conditional-use application filed with the county, which is subject to planning & zoning and county council public hearings.
Other proposed restrictions on retail stores include:
No retail store within three miles of a town or city boundary, within three…