Marijuana czar speaks to Milford City Council

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At a recent workshop, Milford City Council heard from the “Marijuana Czar,” Office of the Marijuana Commission Rob Coupe, about the legalization of marijuana legislation passed by the state last year. Milford is currently considering an ordinance related to retail marijuana sales within city limits. Prior to the presentation by Coupe, several residents spoke out against allowing retail sales of marijuana in the city.

“I’m here to speak about the recreational use of marijuana, which I adamantly oppose as this is a life issue as far as I’m concerned. Recently, I was able to speak to the mayor of Milton, they had the veteran’s ceremony on November the 11th, and the issue came up, and to my surprise, after careful consideration, they banned it,” Joe Palermo said. “So in Milton, it’s banned now, his final words to me, ‘Well, Joe, we don’t want people from all over the state coming into Milton buying their weed on their way down to the beaches. So keep this in mind. A number of towns in Sussex County have banned the use of recreational use of marijuana, and I’m hoping that’s what happens here, too.”

Vinay Patel also opposed the bill, stating he was a retailer in the city, and he felt that allowing retail sales of marijuana would create more problems. He felt that it would put an undue burden on the police as well. Sandy Patel opposed the bill due to the type of people the industry would attract to Milford.

“I’m president of Comfort Inn in Milford and I would say that recreational marijuana will create a lot of problems, not just in my industry but in others as well. We already deal with the smells when people smoke in their car or in the parking lot, then come inside the lobby or stay in rooms,” Yogan Patel said. “The smell lingers, and people have come in to say they want to stay but they cannot stand the smell, even though no one is allowed to smoke in the rooms. The smell of marijuana lingers. We simply do not want legal marijuana here.”

Howard Webb shared an experience with a classmate from his college days where he met another classmate who was “in such a fog, he never saw us.” Webb stated that his classmate went to Vietnam and likely became addicted to drugs.

“When you are impaired, you do stupid things,” Webb said. “You are a danger to yourself and everyone around you. Milford does not need to encourage drug use.”

Mayor Todd Culotta reminded the audience that this was a workshop and that no decisions were going to be made on retail marijuana that night. He reminded everyone that there would be more meetings with public comment encouraged and suggested that those in the audience attend those public hearings to express their concerns again.

Coupe began his presentation with a history of marijuana use throughout the world, stating that the first known use of the product was in 2800 BC when Emperor Shen Nung in China used cannabis for medicinal purposes. In 1937, the United States began to regulate marijuana heavily.

“You may have heard of the movie “Reefer Madness,” that was created in 1936, and it is still something that is talked about as the influence for marijuana legislation,” Coupe said. “Medical marijuana was authorized in Delaware in 2011, but the first dispensary did not open for four years. Delaware passed adult recreational use in 2023, the 22nd state to do so. In 2024, three states had legalization on their ballot, North Dakota, South Dakota and Florida, but none passed the measure.”

Coupe also provided details on what part of the plant is smoked before going into the law that legalized recreational use. Some states that have legalized recreational marijuana allow home growth but Delaware does not. Coupe stated that all growers in Delaware must be licensed. He also stated that marijuana was only legal for adults over 21 and that the amount purchased had to be up to one ounce leaf or 12 grams of concentrated cannabis. It is also illegal to consume marijuana in public or in a moving vehicle.

“Three funds were also created by the legislation. The first is the Marijuana Regulation Fund which is overseen by the state treasurer. This fund manages the 15 percent sales tax with 7 percent pulled off and added to a second, the Justice Reinvestment Fund,” Coupe said. “This fund is overseen by the Criminal Justice Council and used to support communities and other organizations. Finally, the Marijuana Social Equity Business Development fund is designed to help people start their retail business.”

On August 19, the state began accepting applications for licenses and that application period ended September 30. A lottery was held October 24 and licenses began to be issued November 1 to 60 cultivation facilities. On December 1, the commission will issue 30 manufacturing conditional licenses and on March 1, 2025, 30 retail store licenses will be issued along with five testing facility licenses.

The cost to apply is $5,000 except for social equity licenses which are $1,000. Once they are approved, there is a $10,000 fee for a two-year license, except for social equity which is $4,000. Sunday sales require an additional $500 biennial license fee. There are 25 licenses available for Kent County and 41 for Sussex County. No marijuana sales are permitted on Thanksgiving, Christmas or Easter. There is also a conversion license available that would allow a medical provider to convert to a retail location for a fee of $100,000.

“There are currently three medical facilities located in Milford. Columbia Care has a cultivation and manufacturing location, First State Compassion has a cultivation facility and Fres Delaware has a dispensary/retail location,” Coupe said. “In the Milford area, there are currently 939 registered medical marijuana patients. In 2023, medical marijuana sales generated $53.8 million in revenue an created 275 jobs. The industry is improving blighted areas while also serving citizens with disabilities and other medical needs. There is also evidence it is reducing the illegal market.”

Marijuana use is now legal in the state of Delaware, Coupe explained. He pointed out that dispensaries have limits on how they can identify their locations, providing a photo of Columbia Care in Rehoboth Outlets as well as the Columbia Care growing facility in Milford with no distinguishing information on the outside. In addition, Coupe stated that there were already stores selling products that may contain THC.

“Smoke shops are already unregulated and the products they are moving is protected under the 2018 Farm Bill because they are being derived from hemp products,” Coupe said. “THC is what people seek marijuana for, it is the intoxicating part and those products are already being sold in your town at smoke shops and convenience stores. Because they are unregulated, consumers have no idea what they are getting when they purchase whereas all products sold by licensed shops are regulated by the state.”

Another issue with products sold by vape and smoke shops is that the packaging is enticing to children with some looking like candy wrappers. The state has processes in place to avoid this type of labeling and also to track each product to determine where it was grown and manufactured. This adds another layer of safety for consumers. Coupe also pointed out that Maryland already had retail locations up and running, so some Delawareans were simply driving over the border to purchase marijuana.

After Coupe’s presentation, Councilwoman Lori Connor asked about the social equity grant. Coupe explained that those grants were for those who may have been adversely impacted by marijuana legislation in the past. The first criteria was anyone who resided for at least five of the last 15 years in a disproportionately impacted area. The second criteria aas anyone convicted of a marijuana-related offense prior to April 2023 and the final was for anyone with a parent, legal guardian, child, spouse or dependent who was convicted of a marijuana-related offense prior to April 2023. The grant gave those individuals an opportunity to obtain a license at a reduced cost.

Connor also asked if the products sold in medical dispensaries were different than those in retail outlets and Coupe stated they were the same. Connor questioned if the retail market would allow those who may not be able to get a medical card to now purchase products that could benefit them.

“They would have access to the same products. Once we go to adult use, anyone that’s 21 or above can come in and show their driver’s license. No information is captured. That’s by law, we’re not allowed to collect their information,” Coupe said. “If you’re a medical patient, you have to produce your medical card and although the patient information is protected, you kind of give up your anonymity because now they have to take your information. It’s all reported as a medical patient.”

Councilwoman Madula Kalesis brought up Connor’s comment about the medial cards.

“Somebody that cannot afford a medical license or go to the doctor because they cannot afford it, but they can afford to go to a dispensary Because it is legal so it’s easier for them to go get it,” Kalesis said. “And if a medical professional is refusing to give a patient a medical card, doesn’t that mean they likely don’t need it?”

Coupe explained that the license itself was not expensive but there may be some doctors who are reluctant to issue cards due to where the patient works or because the patient does not have a qualifying condition for the card. In Delaware, a medical marijuana card can only be issued for 17 specific diseases and symptoms which can be found here. Patients who do not have these illnesses do not qualify for medical marijuana.

City Solicitor David Rutt pointed out that council was discussing this as a land use issue and that debating the social or moral impacts should not be part of the discussion. He stated that recreational marijuana was legal in the state, so the question now became how council wanted to handle the land use for dispensaries. He stated that Milford would not be making a decision about this until January with public hearings planned regarding the ordinance.

The next public hearing was originally scheduled for November 25 but did not appear on the agenda which means it will likely be scheduled for December 9 when the draft ordinance is presented. Planning Commission is scheduled to make a recommendation on December 17 with council approving a final ordinance on January 13. Those dates are still not confirmed and the public is advised to check council agendas on the city website, scrolling to City Council Agendas and choosing the date of the next meeting  if they wish to have their voices heard about retail locations in city limits.

“}]] At a recent workshop, Milford City Council heard from the “Marijuana Czar,” Office of the Marijuana Commission Rob Coupe, about the legalization of marijuana legislation passed by the state last year. Milford is currently considering…  Read More  

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