Wilmington’s Planning Commission puts marijuana buffers up for another vote

Delaware’s largest city will decide whether to welcome a marijuana business or two — maybe three — in the coming weeks as the state prepares for its future with recreational marijuana.

A special meeting of the Wilmington City Planning Commission Tuesday night reinstated the ordinance for marijuana cultivation, production, testing or retail locations to be at least 100 feet from a K-12 school or residential area. To prevent overcrowding, the state-mandated 1,200-foot limit between same-type marijuana businesses was doubled in this order to nearly a half-mile, or 2,600 feet.

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It also requires these businesses to have a special exemption to operate in a C-2 or C-2A zone, designated as a “Secondary Business Center,” according to the city’s zoning map. The amendment was approved by a 4-2 vote.

City council members and members of the public are awaiting public comments at the Wilmington City Planning Commission meeting on October 22, 2024.

Overall, the buffers create space for a very small number of businesses in the city, as one member of the public who owned a local medical marijuana business pointed out. Commission chairman Anthony Hill agreed.

“Functionally, they’re looking at two possible locations citywide, and maybe three, depending on some specifics when we consider the amount of space that … needs to be between each one,” he said.

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The 100-foot buffer was the first version presented to the planning commission, but was changed to 300 feet after the last planning meeting. Now, it’s back to 100 feet and will be voted on by the Community Development and Urban Planning Committee on Wednesday, Oct. 23 to decide whether to go to City Council.

Tanya Washington, chief of staff to Mayor Mike Purzycki’s office and a member of the City Planning Committee, introduced the new version of the amendment, which was an unwelcome compromise for many members of the public in attendance who wanted the buffer to stay at 300 foot. with some calling for an expansion to 500 feet.

Wilmington Finance Director J. Brett Taylor approved the amendment.

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The ordinance allows businesses to operate in commercial, manufacturing and waterfront areas. According to the city’s current zoning map, downtown Wilmington, the Water District and areas east toward the Delaware River make up most of those areas.

The recreational use of marijuana in Delaware was legalized in 2023. The legalization was approved by Governor John Carney, who did not sign it, but instead let it pass into law without his signature. Carney is expected to take over as Wilmington’s next mayor after the general election in November.

The state expects the first businesses to open their doors in April 2025. However, it could be a while before dispensaries open around Delaware. It has to be a domestic industry because transporting marijuana across state lines is illegal.