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.
The Office of the Marijuana Commissioner (OMC) is the agency responsible for regulating the recreational marijuana industry in Delaware. The OMC will began accepting applications for marijuana business licenses on August 19, 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.
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.
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. |
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.
Proposed Ordinances were presented to The Council Committee of the Whole on June 11, 2024. Public commenters raised concerns about the draft Ordinances as written and the committee requested that additional community outreach be conducted before a decision is reached. City Council introduced the following Ordinances at First Reading on October 28, 2024.
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 750ft 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
For more information about the Delaware Marijuana Control Act and its impact on The City of Dover
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 |
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 |
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 |
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 |
July 22, 2024 | Moratorium enacted until 12/31/2024 | |
August 5, 2024 | Special CCW/LFA Meting to Discuss Options | |
August 19, 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. | |
September 24, 2024 | CCW/LFA Discussed - Survey Results Presented | |
October 15, 2024 | CCW/LFA Discussed and Forwarded to City Council | |
October 28, 2024 | First Scheduled Reading | |
November 1, 2024 | The OMC will begin issuing the first recreational marijuana business licenses. | |
November 18, 2024 | Planning Commission Public Hearing Scheduled | |
December 9, 2024 | City Council Meeting Public Hearing & Final Reading |