Why Should Delaware Care?
Smoke shops proliferated in Wilmington in recent years just as THC-infused drinks and edibles quietly entered Delaware’s retail market without state oversight. Now, authorities say some of those shops have broken the rules around how much THC can be in a product, while others have allegedly been illegally selling marijuana.
New smoke shops are now prohibited from opening in Wilmington after Mayor John Carney signed an ordinance Tuesday that placed a moratorium on such businesses.
The Wilmington City Council passed the measure last week. Its sponsor, Councilman Chris Johnson, said the moratorium is in place to give city officials time to conduct an assessment on the health and safety impacts of smoke shops – which typically sell cigarettes, cigars, pipes, and, more recently, hemp-derived THC products.
The moratorium will be in place for one year or until “such time an equity impact assessment is completed by the city’s Department of Land Use and Planning, unless this city council repeals this moratorium,” the ordinance’s text states.
City officials say they are uncertain as to when the assessment will begin, as they are “still working through the logistics,” Carney spokeswoman Caroline Klinger said.
Johnson, who introduced the moratorium proposal last month, said that several smoke shops across the city have been selling illegal products, including unregulated marijuana.
He has also claimed that some are linked to illegal firearm possession.
During a City Council meeting last week, Johnson said one of the goals is to understand how to better regulate the city’s smoke shops.
“They’re not tobacco, they’re not marijuana, they’re not retail. Some are going unlicensed,” Johnson said.
Currently, smoke shops operate under standard retail business licenses issued by the municipalities in which they are located. Many of the products they sell are not produced or tested in Delaware, and the stores themselves are not licensed or regulated by the state government.
The passage of Johnson’s ordinance follows at least two arrests in Wilmington over the previous three months involving the alleged selling of marijuana within smoke shops that were not licensed cannabis retailers.
One occurred in early February at the VIP Smoke Shop, located on Maryland Avenue near Browntown. In a statement, Wilmington Police said its officers arrested the retailer at the shop, after they found a loaded 9mm handgun, and about 4,630 grams of “marijuana and marijuana products.”
During last week’s council meeting, Councilwoman Zanthia Oliver expressed frustration over the VIP Smoke Shop remaining open after the police seizure.
“If plenty of marijuana and a gun are not a code violation, I don’t know what it is. What’s the purpose of putting in these regulations if we don’t have enforcement?” she said.
Asked about the situation, Carney’s deputy chief of staff, Daniel Walker, said the city will look into Oliver’s claim.
“Our team will be investigating,” he said.
Also during the meeting, Councilwoman Michelle Harlee questioned how the city will be able to determine which businesses end up selling smoke-related products. She noted that some establishments apply to operate in the city as delis or convenience stores, but later end up selling such products.
“There needs to be some type of monitoring, especially for the businesses that did not get a license to be a smoke shop but they have those types of products in their stores,” Harlee said.
Asked how the city would ensure businesses did not bypass the moratorium, Elijah Simmons, the City Council’s chief of staff, noted that “any enforcement would be a business compliance matter. The city does regular reviews of businesses and will continue to operate in that posture.”
The smoke shop moratorium passed unanimously among councilmembers who were present.
Councilmembers Maria Cabrera, Yolanda McCoy, Alex Hackett, and James Spadola, were absent.
On Tuesday, Spotlight Delaware called nine smokeshops throughout Wilmington seeking those business owners’ opinions about the moratorium and about claims that crime is prevalent within the industry. Four stores declined to comment, five others did not respond.