Marijuana Regulations 

Background

Recreational marijuana became legal in the state of Delaware on July 5, 2023, when The Delaware Marijuana Control Act went into effect. This means that adults (ages 21+) may legally possess personal use quantities of marijuana in Delaware. Adults may also legally consume marijuana on private property. 

The Delaware Marijuana Control Act allows municipalities to regulate land uses relating to cultivation, manufacturing, testing, and sale of marijuana within their jurisdiction through local ordinance.  

Adopted City Ordinances

After a process that included open discussion at 12 public meetings, City Council approved two ordinances to regulate where and how recreational marijuana businesses may operate within the City of Dover.

Marijuana Retail Stores are permitted only in the Highway Commercial (HC) zoning district along US 13 and Bay Road. Marijuana Cultivation, Product Manufacturing, and Testing are permitted in the Manufacturing (M) and Industrial Park and Manufacturing (IPM) zoning districts. Marijuana Cultivation is also permitted within the Agricultural (A) zoning district.

The adopted ordinances include distancing requirements from residential zones, child daycare centers, schools, hospitals, colleges and universities, and licensed substance abuse rehabilitation facilities. The distances as approved are as follows:

• Marijuana Cultivation and Product Manufacturing must be 750 feet away from residential zones, private or public K-12 schools, hospitals, colleges or universities, child daycare centers, and State licensed substance abuse disorder treatment facilities.
• Marijuana Testing facilities must be 750 feet away from residential zones, private or public K-12 schools, hospitals, child daycare centers, and State licensed substance abuse disorder treatment facilities.
• Marijuana Retail Stores must be 500 feet away from private or public K-12 schools, child daycare centers, State licensed substance abuse disorder treatment facilities, and hospitals; and 250 feet from any residential zone, college or university.

The ordinance does include an exemption from the distance requirements for existing licensed Compassion Centers to convert their licenses to Retail licenses. There is one existing Compassion Center located in Dover at 516 Jefferic Boulevard.

The adopted ordinances are available for review below.  Additional information is available in the packet material in the right column of the timeline.

Ordinance 2024-25 - Rec. Marijuana Bus. Licenses - Compassion Centers and Retail - ADOPTED

Ordinance 2024-29 - Rec. Marijuana Land Uses and Zoning - Cult, Man and Testing - ADOPTED

The links below are the maps that depict the impacted areas in each category. Please click on the title to open the maps.

* Maps provide a general idea of what zoning would look like under the ordinances but are not exact. These maps are for presentation purposes only and are not intended to be regulatory.

Map 1: Zoning for Cultivation, Manufacturing, and Testing Facilities 

According to the ordinance, Cultivation facilities are permitted in green and purple zones unobscured by distancing requirements. Manufacturing and testing facilities are permitted in unobscured purple zones. 

Ordinance 2024-29 - Cultivation, Manufacturing, and Testing Zoning Buffer Map 4

Map 2: Zoning for Retail Marijuana Stores  

According to the draft ordinance, retail stores are permitted in red zones unobscured by distancing requirements. 

Ordinance 2024-30 - Commercial Zoning Buffer Map 1

Public Participation

Following several discussions before the City Council Committee of the Whole (CCCW) regarding marijuana legalization and whether and where marijuana-related land uses should be permitted within the City of Dover, City Administration and Rossi Group developed a survey to gauge public opinion. 

The survey was published online on July 2, 2024, and paper copies were made available in City buildings and inserted in City utility bills beginning on July 15, 2024. Surveys were collected until August 31, 2024. You may review the results of the survey here. Summary of City of Dover Marijuana Survey.pdf

Public Hearings will be scheduled before the Planning Commission and City Council before official action is taken.

Timeline

State Regulations

The Office of the Marijuana Commissioner (OMC) is the agency responsible for regulating the recreational marijuana industry in Delaware. Four types of licenses will be issued based on the following schedule mandated by The Delaware Marijuana Control Act: 

The OMC has developed regulations for the recreational marijuana industry that address the application and licensing process, specific facility requirements, staffing, safety and security, product tracking, health standards, packaging and labeling requirements, advertising, product testing, taxation, policy enforcement, and more.