New Castle County, Delaware, has passed an ordinance regulating the recreational marijuana industry, setting zoning requirements and restrictions for retail marijuana stores. The ordinance, which was passed on December 10, outlines where retail marijuana stores can operate and how they must operate.
The ordinance does not allow retail marijuana stores within one mile of an existing retail marijuana store, 1,000 feet of any substance abuse treatment facility, 1,000 feet of any day care center, school, college, place of worship, governmental parkland, governmental office building, or library. Retail marijuana stores are allowed in commercial neighborhood districts as special use buildings and in commercial regional and industrial zoned areas as a limited use.
Prior to the construction of any retail marijuana store, the applicant must provide written notice to any landowners within 1,000 feet of the proposed storefront. Storefronts cannot also serve as residences. Any medical marijuana building in New Castle County that was established before July 1, 2024, is also allowed to obtain a retail license, but it is likely that the medical marijuana center will continue to operate primarily as a medical facility.
The ordinance was passed with nine council members voting in favor, while Councilmen Jea Street and Penrose Hollins voted against it. Councilwoman Valerie George was absent.
The demand for retail marijuana is high, with over 1,260 applications for marijuana business licenses received between August 19 and September 30. The Office of the Marijuana Commissioner has begun approving applications through a lottery system, with around 18 of the state’s 30 retail marijuana permits expected to be given to New Castle County.
The ordinance is part of the state’s effort to regulate the recreational marijuana industry, which was legalized through the Delaware Marijuana Control Act in April. The act requires counties to allow retail marijuana stores and cultivation facilities, but allows them to set regulations on where these operations can operate and how they must operate.
