Why Should Delaware Care?
Last year, the Wilmington City Council engaged in weeks of debate over where marijuana stores should be allowed in the city. Now, the new Carney administration has taken its first crack at a proposal for regulations that would push marijuana stores to the east side of the city.
Wilmington’s new proposal on where to allow marijuana shops would largely push cannabis businesses to industrial zones and the Riverfront area of the city.
Amid the incoming recreational marijuana industry, Wilmington City Council introduced its most recent proposal on where to zone marijuana establishments last week.
If the ordinance is passed, marijuana business operators would primarily have to look to the east side of the city – to areas like Riverside, Southbridge, and largely industrial areas near Interstate 495 – to develop businesses with the fewest procedural headaches.
Meanwhile, much of the Riverfront and Riverfront East areas would be available for shops, but only after receiving approval from city officials.
The new proposal comes six months after Wilmington council spent weeks debating where marijuana shops should be located in the city, with some even proposing that the establishments be banned altogether.
In February, Mayor John Carney’s office worked with council members to impose a 90-day moratorium on marijuana establishments to give city officials time to decide on how to set zoning regulations. Officials from the mayor’s office said that the proposal would create a “balance” between the safety of residents and new business opportunities for operators.
However, the most recent ordinance, sponsored by 7th District Councilman Chris Johnson, would place shops 300 feet away from any residential area or school and limit different shop types to specific commercial, manufacturing, and waterfront zones.
Johnson did not respond to requests for comment.
“Generally, people are not opposed to these industries operating in our jurisdiction, but they do not want them in their neighborhoods or near schools. This proposal seeks to address those concerns,” said Daniel Walker, deputy chief of staff for the mayor’s office, in an email to Spotlight Delaware.
The zoning proposal permits cannabis retail shops and testing facilities to be located on Wilmington’s Riverfront which is zoned ‘residential commercial.’ However, business owners will require special permission from the city’s zoning board to set up there.
Once the recreational marijuana industry opens, only 59 out of the state’s 125 marijuana business operators will be able to set up shop in New Castle County, with 14 licenses for retail stores, 28 for cultivation, 15 for manufacturing and two for testing establishments.
Early on, state officials estimated that the recreational market, which was legalized in 2023, would open this month. This prompted the city to begin creating regulations for shops.
Under Delaware’s new marijuana law, counties are not allowed to ban businesses involved in the industry, but they can restrict where they are allowed to operate. Municipalities, on the other hand, can set those restrictions or choose to ban the industry outright.
But, as a result of regulatory delays, the market’s launch date has been paused until further notice.
Last year, the 300-foot buffer between marijuana shops and other areas was heavily debated among council members. At the time At-large Councilwoman Maria Cabrera fought to keep the buffer at 100 feet to allow marijuana business operators to have more space in the city to go.
Cabrera said that it’s unfortunate that the city is not providing much accessibility to dispensaries, but added the proposal is the first step in creating a compromise between stakeholders.
“I personally believe that once the industry is established, people will see that the preconceived notions and fears that they had are invalid,” she said.
Other council members like James Spadola and Nathan Field previously spoke in favor of more restrictive zoning laws for marijuana shops, with concerns over public use, odor and the safety of residents.
“Last year there was an outcry from residents who were concerned about the dispensaries being too close to their neighborhoods, too close to schools, and I think this proposal takes that off the table, while still allowing some access in the city limits,” Spadola said.
Field did not respond to requests for comment.
The zoning ordinance will now go to the Community Development and Urban Planning Committee on Wednesday for review.
Get Involved
The Community Development and Urban Planning Committee will meet at 5:30 p.m. Wednesday, April 16, to discuss and vote on Councilman Johnson’s marijuana zoning ordinance. Public comments will be allowed via Zoom or in person.
