Retail marijuana locations in Sussex County were adjusted in November 2025 after Governor Matt Meyer put pressure on county officials to make it easier for retail marijuana sales. Sussex County issued the most restrictive zoning regulations for the stores, making it almost impossible for an establishment to open in the county.
“Retail marijuana locations now are permitted in C2 and C3 districts,” Assistant County Attorney Vince Robertson said. “Previously, they were only possible as a conditional use in the C3 district. It eliminates the conditional use and makes it permitted use in those districts. The second thing it does is change the separation between retail marijuana stores and municipalities.”
Robertson pointed out that in the previous zoning requirements, retail marijuana stores could not be within three miles of a municipal boundary. The new regulations reduce that to one-half mile.
“What it does keep in place is the three miles between retail marijuana stores,” Robertson said. “Keep in mind that is the same separation that is required in state law for liquor stores. It also keeps in place three miles between churches, schools, colleges and substance abuse treatment facilities.”
When asked if that was what the state rules were for liquor stores, Robertson stated that there was no distance required for a liquor store near a municipal boundary.
“We did that because, unlike state law for liquor stores, municipalities could prohibit retail marijuana locations and we wanted to kind of honor and respect that,” Robertson said. “That way they could not work around it and put one right on the boundary, but we did agree that three miles was too restrictive.”
Councilman John Rieley asked if the proposed changes were more restrictive than what was proposed in Senate Bill 75, which was passed in the legislature but vetoed by Meyer. Robertson felt it was a bit more restrictive, but he was not sure exactly how much more. A public hearing was held, and no one spoke for or against the changes in zoning for retail marijuana facilities. Councilman Steve McCarron made a motion to approve the changes and Lloyd seconded.
“The separation between stores, churches, schools and colleges, is that consistent with what other counties have done?” Gruenebaum asked. “And why is that distance required?”
Robertson explained that the distances were to keep a separation between retail marijuana stores while also keeping them some distance from churches, schools, colleges and substance abuse facilities.
“Rather than come up with some arbitrary numbers, we relied on the three miles that was in the state code for separation distance from stores,” Robertson said. “That was the logic behind that and just essentially coming up with some distance tht wasn’t based on anything otherwise.”
Greunebaum clarified Robertson’s statement.
“So, if I understand it correctly, you can’t be within three miles of any of those things, another store, a church, a college,” she asked. “And with that, is it still plausible to find a space to have a store? How restrictive is that?”
Robertson stated that she was correct, that the three-mile limit would stop a retail marijuana location from being within three miles of schools, colleges, churches and substance abuse centers, but he didn’t feel it was restrictive.
“Candidly, we don’t have a lot of C2 or C3 yet because that is a relatively new zoning district,” Robertson said. “We’d have to look at existing parcels that are zoned C2 and C3 or places under our comp plan. I know it sounds like I am dodging your question, but we haven’t looked at every location in the county.”
A roll call vote was taken with the only no vote from Rieley.
“I can’t vote yes. This does not, in my opinion, that my oath was to uphold the work towards the improvement of the health, safety and welfare of the citizens of Sussex County,” Rieley said. “I don’t understand how this promotes that objective, so my vote is no.”
The zoning change passed with a vote of four to one.
Milford banned all retail marijuana locations within city limits in 2024. With this change at the Sussex County level, a retail marijuana location could not open within a half mile of the boundary. In addition, at a recent presentation by the Office of Marijuana Commissioner, products containing THC are being sold within city limits, but those products were not regulated or safe.
There is no indication that Milford or any other municipality is planning to change their retail marijuana statutes. Currently, the legislature is considering an override of the veto of Senate Bill 75. Meyer’s main concern about the bill is that municipalities would not benefit from any of the tax revenue earned in the sale of retail marijuana.
