Marijuana Regulations

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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. The City of Dover needs to determine a path forward to best manage the presence of this industry through local zoning ordinance. 

State Regulations

The Office of the Marijuana Commissioner (OMC) is the agency responsible for regulating the recreational marijuana industry in Delaware. The OMC will begin accepting applications for marijuana business licenses on September 1, 2024. Four types of licenses will be issued based on the following schedule mandated by The Delaware Marijuana Control Act: 

 





License Type
License Description
Date Licenses Begin being Issued
Number of Licenses Issued Statewide
Marijuana Product Manufacturing
Manufacturing facilities will manufacture, prepare, and package marijuana products and sell to manufacturing facilities or retail marijuana stores. They are NOT open to the public.
December 1, 2024
Up to 30
Retail Marijuana Store
Retail stores will purchase marijuana products from manufacturing facilities and sell to consumers. They ARE open to the public.
March 1, 2025
Up to 30
Marijuana Testing Facility
Testing facilities will test for potency and contaminants to ensure that products meet State safety standards. They are NOT open to the public.
March 1, 2025
Up to 5


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.   Regulations are expected to be finalized by September 11, 2024, following a public comment period. Meanwhile, information regarding the most recent Proposed Marijuana Regulations is available here: Office of the Marijuana Commissioner (delaware.gov)

Local Ordinance Options

Why is a local Ordinance Needed?

The City Code does not currently define, zone land uses, or dictate regulations for marijuana related businesses. It is important that the City of Dover pass an ordinance to provide the public, business owners, City staff, and the Office of the Marijuana Commissioner (OMC) with clear guidance on whether, where, and under what conditions marijuana establishments are permitted within City limits. It is important for the City to have an ordinance in place soon, as licensees will begin selecting business locations as early as November 2024.

What can a local ordinance accomplish? 

A Municipal Ordinance CAN:
A Municipal ordinance CANNOT:
A municipal ordinance may prohibit the operation of marijuana establishments within their jurisdiction.
 A municipal ordinance may not prevent marijuana establishments from opening outside of City limits in Kent County or in unincorporated areas.
 A municipal ordinance may regulate the time, place, or manner in which marijuana establishments operate.
 A municipal ordinance may not prevent adults from legally purchasing recreational marijuana at a licensed establishment, possessing marijuana within City limits, or using marijuana within City limits on private property.

A municipal ordinance may not create a specific marijuana licensing fee or tax, though they may collect uniformly imposed fees and taxes.


 What Ordinance Options is the City of Dover Considering?

The City of Dover has two primary choices:

  1. Prohibit all recreational marijuana related businesses from opening within City limits. 
  2. Allow some or all recreational marijuana related businesses to open within City limits. (The City may also regulate the time, place, or manner in which these establishments operate.) 

Note: This does not impact medical marijuana as the City may NOT ban medical marijuana facilities from operating within City Limits. 

Public Participation

The City of Dover is actively engaging with its residents to gather valuable input. With the legalization of marijuana in the State of Delaware, it is important to establish a comprehensive ordinance that outlines if and where marijuana businesses will be permitted in the City. Your participation in this process is important to ensure that the regulations are fair, just, and reflective of the community’s wishes. Your input matters, and together, we can shape a better and more inclusive future for Dover.

You may share your feedback by completing the Dover Marijuana Regulations Survey by August 31, 2024.

Complete the Survey in Person or by Mail

Paper Copies of the Survey are available at the following locations: 

  • Dover Public Library
  • City Customer Services
  • The City Hall Lobby 
  • John W. Pitts Rec Center
  • or download and print a copy of the survey Marijuana Regulations Survey

Paper surveys may be dropped off at any of the community locations listed above or mailed.
mail to:
City of Dover - Marijuana Regulations
PO Box 475
Dover, DE 19903

Draft Regulations 

The following proposed regulations were presented to The Council Committee of the Whole on June 11, 2024. Public commenters raised concerns about the draft regulations as written and the committee requested that additional community outreach be conducted before a decision is reached. 


The links below are the maps that depict the potential 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 proposed 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 draft ordinance, Cultivation facilities would be permitted in green and purple zones unobscured by distancing requirements. Manufacturing and testing facilities would be permitted in unobscured purple zones. 

Manufacturing Industrial and Agricultural Zoning 500ft Buffer Map.pdf 


Map 2: Zoning for Retail Marijuana Stores  

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

Commercial Zoning 250 500 ft Mixed Buffer Map.pdf 


Additional Resources 

For more information about the Delaware Marijuana Control Act and its impact on The City of Dover

  • The Delaware Marijuana Control Act: Overview and Options for Dover Presentation 
  • The Delaware Marijuana Control Act: Overview and Options for Dover Packet
    Delaware Code Online

For more information about the Proposed Ordinances for The City of Dover
City of Dover Recreational Marijuana Ordinances: Business Licensing & Zoning Presentation


Timeline

DATE
EVENT
RESOURCES
July 5, 2023
The Delaware Marijuana Control Act went into effect.
September 26, 2023
The Council Committee of the Whole discussed next steps following the passage of The Delaware Marijuana Control Act.

Agendas 09-26-2023 - CCW Agenda REVISED.pdf  

Packets 09-26-2023 CCW PACKET REVISED.pdf  

Minutes 09-26-2023 CCW Minutes and Attachments 1-4.pdf  

Audio  09-26-2023 CCW - Audio Trimmed.wav  

Video 09-26-2023 CCW - Webex.mp4

April 9, 2024
The Council Committee of the Whole heard a presentation regarding Marijuana Ordinance Options.

Agendas 04-09-2024 CCW REVISED.pdf  

Packets 04-09-2024 CCW Packet - REVISED.pdf  

Audio 04-09-2024 CCW - Audio Trimmed.wav  

Video 04-09-2024 CCW - Webex.mp4

June 11, 2024
The Council Committee of the Whole discussed two proposed Marijuana Ordinances, one related to business licensing and another related to zoning.

Agendas 06-11-2024 CCW.pdf  

Packets 06-11-2024 CCW Packet.pdf  

Minutes 06-11-2024 CCW and Attachment.pdf  

Audio 06-11-2023 CCW - Audio Trimmed.wav  

Video 06-11-2023 CCW - Webex.mp4

July 9, 2024
The Council Committee of the Whole discussed a Possible Moratorium on Recreational Land Uses While Considering Zoning Regulations to Address Such Uses.

Agendas  07-09-2024 CCW Agenda REVISED.pdf  

Packets  07-09-2024 CCW Packet REVISED.pdf  

Audio  07-09-2024 CCW - Audio Trimmed.wav  

Video  07-09-2024 CCW - Webex.mp4

September 1, 2024
The OMC will begin accepting applications for marijuana business licenses.
September 11, 2024
The regulations proposed by the OMC are expected to become final, following a public comment period. 
November 1, 2024
The OMC will begin issuing the first recreational marijuana business licenses.