Wilmington City Council Passes Ordinance Regulating Recreational Marijuana Establishments

Wilmington City Council has passed Ordinance 25-013, which amends Chapter 48 of the City Code to permit and regulate the cultivation, manufacturing, testing, and retail sale of marijuana within specific zoning districts in the city. (Photo by Martijn Baudoin)

WILMINGTON– In a significant move to regulate recreational marijuana businesses, Wilmington City Council has passed Ordinance 25-013, which amends Chapter 48 of the City Code to permit and regulate the cultivation, manufacturing, testing, and retail sale of marijuana within specific zoning districts in the city.

The ordinance is designed to provide a structured framework for the operation of marijuana establishments while aligning with state regulations.

“With the passage of Ordinance 25-013, Wilmington is setting a standard for responsible implementation of state marijuana policy,” said 7th District Council Member Chris Johnson.

“With this ordinance, Wilmington strikes a balance between fostering new economic development and protecting our communities. We are aligning with state law in a way that reflects our City’s values and priorities.”

The ordinance outlines where marijuana businesses can operate, setting zoning rules to protect neighborhoods while allowing for new economic opportunities.

Where marijuana businesses can operate

Under Ordinance 25-013, marijuana businesses are allowed to operate “by default” in the following zones:

C-5 (Heavy Commercial) – Areas suited for large commercial operations.
M-1 (Light Manufacturing) – Areas for light manufacturing like workshops or smaller factories.
M-2 (General Industrial) – Zones designated for industrial activities like large factories and warehouses.
W-1, W-2, W-3 (Waterfront Manufacturing/Commercial Zones) – Waterfront areas designated for both manufacturing and commercial activities.

However, marijuana testing facilities and retail marijuana stores must receive special approval from the Zoning Board of Adjustment to operate in the W-4 (Waterfront Residential/Commercial) district, a mixed-use zone that includes residential and commercial spaces.

Buffer zones for community safety

To protect local residents and schools, the ordinance establishes a 300-foot buffer zone. This means marijuana businesses cannot operate within 300 feet of:

Residential areas
K-12 schools (both public and private)

READ: Wilmington Council proposes new zoning ordinance to regulate recreational marijuana businesses

Types of marijuana businesses

The ordinance defines four main types of marijuana businesses:

Cultivation Facilities – Places where marijuana is grown and packaged for sale.
Manufacturing Facilities – Facilities where marijuana is turned into products like edibles or oils.
Testing Facilities – Locations that test marijuana for safety and potency.
Retail Marijuana Stores – Stores where consumers can purchase marijuana directly.

This ordinance states it aligns with the Delaware Marijuana Control Act, ensuring Wilmington’s marijuana businesses comply with state laws governing marijuana sales and operations.