Why Should Delaware Care?
Wilmington’s proposed bans on retail marijuana sales and public use raise questions about public safety, economic opportunity and equitable access to the industry. With ongoing tensions surrounding zoning, tax revenue and community concerns, the city’s policies could significantly shape the future of marijuana regulation and its impact on local businesses, residents, and broader economic development.
Three new city laws are being proposed to prohibit the public use and retail sale of marijuana in the city of Wilmington, marking a shift in the city’s approach to the state’s legalization of recreational use.
The pieces of legislation come after at-large Councilwoman Maria Cabrera decided to pull her legislation to set zoning perimeters for marijuana-related businesses just last week.
The question of whether to allow marijuana retail businesses in the city, and where to allow them if so, has sparked a fervent debate among council members over the past month. Some argue these businesses could benefit the city and provide safe products for those who use the ubiquitous drug, while others worry they will become a nuisance to the community and its residents.
Last month, Cabrera proposed her ordinance, which would have regulated which zoning districts in Wilmington permitted marijuana businesses to operate, focusing on how close these establishments could be to residential areas and schools.
There was considerable debate over the buffer zone, or the minimum distance that they could be allowed to operate from sensitive areas like residential homes and schools. The city’s Planning Commission had approved a 100-foot buffer zone, lowering it from its initial 300-foot buffer.
That led to concerns from some council members who argued that a buffer of at least 300 feet needed to be in place to protect the community. Doing so, however, would eliminate much of the city from the possibility of hosting a retail shop.
During last week’s Community Development and Urban Planning Committee meeting, Cabrera removed the legislation for 100-foot buffers, citing a lack of votes in support of the ordinance to move forward.
Currently, with no city legislation specifying district zones for marijuana-related businesses, business owners must follow state law.
This permits them to operate in the city, given that they receive approval from the Office of the Marijuana Commissioner, the body responsible for regulating the industry within Delaware, and that they abide by the existing city zoning laws for retail businesses.
Since the state legalized the recreational use of marijuana last spring, the OMC has begun selecting the license applicants who will move forward in the process of establishing businesses through lotteries. The first took place in October and the next is scheduled for Dec. 19.
But last council meeting, 8th District Councilman Nathan Field presented two ordinances to implement safeguards that, if passed, will shut down the potential market for retail marijuana shops in Wilmington. Meanwhile, 7th District Councilman Chris Johnson is proposing a measure to address resident concerns.
Steps toward prohibition
Field first proposed an ordinance to establish a temporary moratorium on retail marijuana activities in the city, citing the need to give city council and the administration more time to decide how to regulate recreational marijuana establishments.
The legislation would only prevent retail stores from operating in the city, meaning cultivation, manufacturing and testing facilities would still be allowed.
The moratorium will last until Jan. 15, 2025, or until the passage of updated legislation on marijuana establishments, whichever occurs first.
Cabrera is not in favor of the moratorium and said it goes against the perspectives she has been hearing from the community.
The state law that created a recreational marijuana industry, specifically set aside “social equity licenses” for entrepreneurs who had previously been charged with marjuana crimes or live in an area that was disproportionately affected by marijuana prohibition laws, many of which are in or around Wilmington.
Cabrera said that it’s therefore unfair to block potential marijuana retail establishments from the city, as many city residents, who are minorities, have been negatively impacted by marijuana-related arrests.
“The point is that certain council members want to shut down the voices from the city, and I can’t do that,” she said.
Officials from the mayor’s office say the zoning proposal respected those opposed to the industry and those in favor of starting a business and allowed for the “minimal presence,” placing them away from schools and residential areas.
“The City Council hosted State Marijuana Office officials at a public hearing in May to discuss the State law and the City’s options, yet most of the Council did nothing for months to address the issue except to reject the Administration’s proposal,” wrote John Rago, deputy chief of staff.
However, the mayor’s office urges council to move quickly, as the current laws allow for more locations than the administration intended to permit.
Instead, Councilman Field will introduce a second proposal tonight to ban all recreational retail marijuana businesses in the city – a move that would be a stunning reversal for Delaware’s largest city of more than 70,000 people.
“Retail marijuana comes with potential challenges and problems for our community and the proposed dispensaries do not obviously benefit the City,” Field wrote in a statement to Spotlight Delaware.
The state’s 15% sales tax being imposed on recreational marijuana will go directly to the state. Only about 7% of that tax will go into a Justice Reinvestment Fund to support criminal justice reform initiatives, with the rest essentially being disbursed at the discretion of the General Assembly.
However, aside from wage taxes, Wilmington will not directly benefit from any taxing on the businesses.
Schools, civic associations oppose
Field, whose district includes some of the city’s most expensive neighborhoods in Trolley Square, the Highlands, Forty Acres and Wawaset Park, has been in opposition to allowing marijuana retail stores in the city, previously citing the lack of city revenue it will gain, the negative effect it could have on the city’s image and the potential safety issues it poses for city residents.
Field said this opposition is not just confined to one neighborhood and is a sentiment shared throughout the city.
A number of schools and community organizations have sent letters to council in favor of increased buffers, including Eastside Charter School, REACH Riverside, Ursuline Academy, the Delaware Charter Schools Network and Trolly Square Community Association.
The Sunday Breakfast Mission, which provides homeless services throughout the city, and the Forty Acres Civic Association, have also written in favor of prohibiting marijuana shops altogether.
Gov. John Carney, who will start his mayoral term in Wilmington in January, has also voiced opposition, as he feels that many don’t want the establishments near where they live. He long opposed legalization at the state level, even vetoing a measure in 2022, but acquiesced in 2023 after state legislators once again approved it.
“Our main priority ought to be to protect neighborhoods and commercial areas which could be negatively affected,” the governor told Spotlight Delaware.
Field’s ordinance to ban these establishments is being co-sponsored by Republican Councilman James Spadola and Democrats Vincent White and Trippi Congo.
Congo, who serves as council president, said he has received consistent feedback from all eight districts that the residents don’t want the establishments in the city.
“So, I think that it would be a crime for us as a council to allow it,” he said.
But not every resident feels the same, especially those who understand the industry.
Nicole Chick, a 38-year-old Wilmington resident, has been a smoke shop owner for about seven years, both in Dover and in Wilmington. While her business only offers smoke supplies and hemp products, she hopes to soon open a store that will sell marijuana products.
Entrepreneurs frustrated
Chick has applied to the OMC for an open retail license in all three counties. While she has to wait to see if she will be selected for any of them, however, the places she can consider opening a shop are quickly shrinking as municipalities continue to ban the businesses.
“The restrictions that cities can decide to make are definitely making it difficult to do business,” Chick said.
Her current storefront cannot be used if she wins a retail license because it lies in Elsmere, a town that has already banned retail marijuana shops, just south of Wilmington.
And since Dover is also considering a ban, she doubts she will be able to sell marijuana there, which will cause her to spend more money and resources on another location and one that’s further from the customer base she already has developed.
Chick believes that retail shops should be allowed in the city to ensure that people are using safe products, and she feels that the spread of misinformation regarding marijuana businesses has prevented people from understanding how the industry will actually be regulated.
“It’s frustrating that city council is taking the opinions so strongly of the general public who haven’t read the regulations,” she said.
Toke on your own
In addition to Field’s proposals, Councilman Johnson has introduced an ordinance that aims to codify the already-state law that makes it illegal for individuals to smoke marijuana in public and moving vehicles.
His goal in creating the proposal is to ease residents’ concerns about the potential rise in the smell of marijuana.
“That was the impetus behind it–just saying that we need to participate in the clean air effort and address those concerns that some residents did have,” said Johnson.
His legislation, if passed, will make those who publicly smoke in the city guilty of a misdemeanor and allow them to be fined up to $500.
Johnson will also introduce another marijuana-related proposal tonight that will ask the state to designate a portion of the marijuana state’s sales tax that comes from businesses in Wilmington to the city.
But if the ban is passed, the opportunity to obtain any solid amount in taxes from these establishments will diminish.
Editor’s Note: This article previously stated that Councilman Chris Johnson’s public use measure was part of the proposals aiming to shut down the market for retail marijuana shops in Wilmington. After being able to speak directly with Councilman Johnson, it has been clarified that he does not support a ban. His proposal was intended to alleviate concerns raised by residents, rather than to restrict the market outright. We regret any confusion caused by the initial reporting.
Make Your Voice Heard
Councilman Field will propose his ban on marijuana retail businesses at today’s council meeting. The public is welcome to join via Zoom or in person to share comments. The meeting will take place in the Louis L. Redding City/County Building at 800 N. French St at 6:30 p.m. tonight. Councilman Johnson’s tax proposal on marijuana businesses will also be introduced. Click here to see the agenda.
The Public Safety Committee will meet at 5 p.m. Nov. 25 to discuss and vote on Councilman Johnson’s ordinance to prohibit the public use of marijuana and will allow public comments via Zoom or in person.
The public can also provide comments and feedback on Councilman Field’s moratorium proposal, which will be voted on by the Community Development and Urban Planning Committee, at 5 p.m. Dec. 2. Click here for more information.
