Milford looking at regulations for recreational marijuana retail outlets

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With the deadline looming for municipalities to determine where they will allow retail outlets for recreational marijuana, which is March 2025, Milford City Council heard a presentation from City Planner Rob Pierce regarding the options available and recommended timeline for creating an ordinance related to the issue. Pierce provided information that showed medical marijuana and recreational marijuana as well as growing facilities must be handled differently under city code.

“Chapter 49A of the Delaware State Code deals with the Medical Marijuana Act, and it relates to local ordinances. So, from a medical perspective, nothing shall prohibit local governments from enacting ordinances or regulations that regulate the time, place and manner of registered compassion center operations. So that is medical dispensaries,” Pierce said. “But it says, ‘provided that no local government may prohibit registered compassion centers altogether, expressly or through enactment of regulations which make it unreasonably impractical in the jurisdiction.’ So, from a compassion center perspective, we can enact some regulations to determine the time, place and manner, where, where those operations are but we cannot prohibit the medical dispensaries in any way.”

According to Pierce, that means a medical marijuana dispensary can be denied in certain zones or required to undergo conditional use requirements, but the conditional use cannot be so restrictive as to prohibit the placement of the compassion center. As for cultivation facilities, a municipality may prohibit the operation of such businesses as well as testing facilities or retail marijuana stores.

“When I say retail, we treat them as if they’re selling any kind of good, okay, regardless of whether it’s marijuana, cigarettes, a pack of gum, potatoes, alcohol. So, if there’s no code amendments, as is today, the city is required to issue zoning certificates on things in the retail areas,” Pierce said. “Because when we talk marijuana, we’ll be talking about recreational versus medical which is retail. The second part of this is the Delaware Marijuana Control Act, which deals with recreational marijuana states the municipality can prohibit the operation of marijuana cultivation facilities, manufacturing facilities used for testing and retail marijuana stores through enactment of ordinances. We can’t prohibit compassion centers, but you can prohibit these uses for recreational marijuana.”

Councilwoman Katrina Wilson pointed out that there was already a marijuana dispensary in Milford and a manufacturing facility as well. Pierce confirmed that there was a new dispensary on Route 113 by Ace Hardware. He also pointed out that there was a tight timeline for getting an ordinance in place and that the state was already accepting applications for recreational dispensaries. Councilman Dan Marabello pointed out that there were only so many licenses that would be issued for the state to which Pierce replied that was true initially but could change as the industry grew.

“When discussing the sale of medical marijuana, my thought was, let’s compare it to how we treat other items that are related retail and how they are sold within the zoning code. Under the current zoning regulations, marijuana sales would be considered retail and permitted within commercial zoning districts. That’s regardless of whether it’s recreational or medical,” Pierce said. “So, if you take no action, the zoning ordinance would permit marijuana sales to be anywhere that retail is permitted, which is your central business district, your neighborhood commercial, your highway commercial, and more or less all the commercial zones. Tobacco sales under a current zoning code fall under retail. So, firearm sales, the regulations pertaining to the sale of alcohol depend on the principal use. You have microbrewery or distillery or brew pub or liquor store, tavern restaurant. Those kind of fall in different categories, but none of them are really prohibited. Most of those are allowed within those commercial districts as well.”

Pierce reminded council that they did recently revise the code that eliminated the prohibition of alcohol sales within 1,000 feet of a church or school. He informed council that there was now a Marijuana Control Commissioner similar to the Alcoholic Beverage Control Commissioner who would oversee the enforcement of the Marijuana Control Act. He provided municipalities with some administrative guidelines, but Pierce did not see any restrictions similar to alcohol which states liquor stores must not be placed within so many feet of another liquor store.

“OMC [Office of Marijuana Control] has a goal to issue retail and testing facility licenses. March 1, 2025, which means somebody comes in and they ask for a zoning verification letter for a particular use,” Pierce said. “Under the current code, I’m going to have to allow it.”

Other towns have already created ordinances related to marijuana retail sales. Milton, Ocean View, Rehoboth and Blades have all banned outright recreational marijuana sales in town limits. Dover, Smyrna, Newark, Wyoming and Delmar placed restrictions on where they could be placed. Councilman Jason James pointed out that since council was in a workshop, there would be no vote, but he would like to get input from the public before any decision was made. Councilman Michael Stewart asked what the federal regulations were on marijuana.

“It’s illegal. I’ll defer to the solicitor but it’s a conflict because obviously we’re seeing this become a lot more prevalent throughout the country. The Commissioner used to be an officer. He was a colonel for state police and the Secretary for Homeland Security,” Chief Cecilia Ashe said. “So, he has been navigating that, and it’s been very active. He came to work last year. I talked to him personally and he’s been very active in trying to come up sensible regulations based on what the legislature is putting forth. But, yeah, it’s something that’s out there. I don’t know that the federal government will change that or not.”

Solicitor Jamie Sharp who was sitting in for City Solicitor David Rutt confirmed that marijuana was still illegal on the federal level as a Schedule I controlled substance, the same classification that includes ecstasy, heroin, LSD and peyote. Sharp stated that there was talk last year of changing marijuana to Schedule III which would be on the same level as anabolic steroids, testosterone and ketamine, but that legislation had not been passed yet. Councilwoman Nadia Zychal asked how often the police had been called to the cultivation facility or the new compassion center.

“So, in reference to the manufacturing facilities, I would have to look that one up, in reference to the medical marijuana retailer that just opened, I believe when they got licensed, I mean, they think they opened n August, and I’m not aware of any issues,” Chief Ashe said, stating she would look into the data and get back to council.

Sharp explained that the state was looking to roll out the recreational facilities very quickly.

“I think it’s early next year that’s coming out, that has been moving expeditiously on this. And I think Rob was looking at before, I don’t want to speak for him, but to me, like the issue was recurrent. The zoning code is silent,” Sharp said. “Based on this, you have the right to put conditions and make sure it’s in certain zoning categories, but right now, we don’t have that, so it’s basically just a product that your current zoning code would allow for somebody to come through any retail facility.”

Pierce stated that council had three options. They could prohibit recreational sales completely, allow them as a conditional use or allow them in any commercial zone with no restrictions, pointing out that if council does nothing, the third option will be in play March 1. Councilman James again pushed for more public input before council even created an ordinance.

“I think they want to hear from us, that was my understanding. I remember last September when this came forth and I also went and heard the young gentleman do the presentation. It was at one of those that facilities that opened, and I wasn’t even aware of the medical until after the fact, I wasn’t even aware of it, “But if recreational marijuana retail comes to the city of Milford, I would definitely want that control on it. I would definitely want the city of Milford to determine where it would go, and how many locations we can have, and time limits and all those things that we do as far as an ordinance. That’s my opinion of it and I’m learning as we go along with this. And I’m sure we will learn more when we have the gentleman that comes, he’s going to come and do a presentation to us, we will learn even more. But I always feel we set parameters up to control it, versus being lax about it and allowing it to come when we have no control. That kind of scares me.”

Councilman James agreed but felt that council should hear from the public before attempting to draft an ordinance.

“This is more important than a park or anything else. I say that because regardless of what anyone thinks, you’re changing our societal makeup, whether we allow recreational or not allow recreational. It’s a change to every current citizen, the 14,400 and something citizens that we currently have and then and the new ones that are coming for the units are not even occupied or built. It’s going to affect them,” Councilman James said. “We need to be able to represent, and we can’t represent if we don’t give them the choices of, ‘yeah, we’re allowing it. And here’s the most restrictive way you can do it.’ I think you made the point, public input, open dialog. And if no one was speaks up, at least they had the opportunity.”

Councilwoman Wilson pointed out that this was a question presented during the council elections.

“It was a question that was presented to the candidates, all of the candidates. So, I have to be stay true to who I am, and I made a comment at that particular time. So, I’m just trying to stay within that same framework for what I believe,” Councilwoman Wilson said. “Of course, I would want our citizens to help to form our ordinance. But I think back, I even go further than that. I think back to marijuana. I’m a 60s child, and I think back to growing up in all of those days and how far we’ve come to where now you find it really does have medicinal purposes. It’s really a helping, a healing agent for a lot of individuals that are sick.”

Councilwoman Wilson continued.

“So, I’ve done a little research and met a few folks that have been able to use this to aid in their illnesses and, back in the day, you didn’t know any of that. It was just something out there, a new drug that was a part of growing up, because drugs have been a part of us growing up, no matter who we are, where we are, where we live,” Councilwoman Wilson said. “Marijuana makes me look how and see how far we’ve come. That is a lot. I mean, I never got out there in it.  I just went along with my friends. But just to keep it real, to see all those people that I know that that were locked up for years for having this, and if we could get to the point and the cleanliness of it, to be able to get it from a retail store versus on the street, it blows my mind. It’s so scary for individuals that buy it on the street versus they would be able to go to a retail facility and be able to educate themselves and buy it properly. All those factors are into play here. I’ve thought about everything with this thing, so it’d be interesting to see where we go, how we get very good input”

Councilwoman Nirmal Samaroo agreed with Councilman James. She did not feel she could make a good decision unless she received input from the public. However, she was concerned that there were often public hearings that were not publicized enough and she consistently heard from constituents that they did not know about the meeting. Councilman Marabello pointed out that the county was not permitted to ban or restrict retail marijuana facilities in any way and Pierce confirmed he was correct.

“So, geographically it could be right next door to us, because the way boundaries go like this, it depends on what the next municipality does. I am just saying the county line runs right next to us so one could be across from the golf course,” Councilman Marabello said. “Maybe that’s what that wording is there for, so that people have to go far to buy it. The other thing is, can you just cities that prohibited Milton, Ocean View, Roman blades? Can you just give me the basis for their denying it?”

Pierce did not have the information on why it was banned in those areas and Sharp suggested going to their website to learn the reasoning.

“I think to Councilman James and Councilwoman Wilson’s point that I think we do need to strike a balance between being reactive and be responsive, opening the forum for the community to chime in, gaging the temperature of what the community wants, I think, is a paramount importance. I’d also like to keep in mind and have everybody keep in mind that that the history of marijuana legislation has left a rather shameful and damaging legacy in this country. A lot of people have been hurt terribly by policies that were designed to subjugate more than others. Delicately, put it delicately, under the Nixon administration, it’s a plant that has been misrepresented and maligned. Anybody who’s seen some of the silly films that have been made, it is really ridiculous,” Councilwoman Zychal said. “When used responsibly. It’s like a glass of wine or anything else that a responsible adult can use that just adds to the quality of life or peace of mind or whatever, and I strongly, personally believe that it’s a civil liberty issue and a benefit to great life, and probably a lot easier for our police to deal more with behavior than trying to micromanage a substance, and I sincerely hope that our federal government gets on board to make easier for the rest of the country to have to deal with this In a reasonable and responsible way and stop the damage in the federal government’s position may be okay, we’re not going to opine on this, but we won’t stop states from doing what they think is in their best interest.”

Councilman Stewart supported Councilwoman Samaroo’s request that any public hearing on marijuana retail outlets be highly publicized. He pointed out that there were 14,000 people in Milford and at a recent public hearing about the new playground, only 50 people were present. He didn’t want 50 people’s opinion, he wanted the majority of the city to get involved in something that he felt would change the future of Milford. Councilwoman Lori Connor asked for Chief Ashe’s take on the matter but added a personal perspective.

“I would also like to offer a perspective that I have on a personal note, being a veteran and being very ingrained in that camaraderie with other veterans. There are many veterans who have medical cards that use it as a medicine for many things that they’ve experienced service from post-traumatic stress disorder to anxiety and depression. They’re not using it, in a negative light, just to get high or to cause a ruckus within our city,” Councilwoman Connor said. “We do have a medical dispensary, and marijuana is legal in the state of Delaware, so we’re not going to prohibit people from using it. Me personally, the middle ground is kind of where I feel like we should be having some stipulations on where we would allow them or where we would not like to see them, versus one, having it so restrictive that they’re not allowed at all. I don’t think it’s wise for us to have no restrictions. People can go to Maryland and buy it if they wanted to, in dispensaries, because they’re legal everywhere in Maryland. They’re going to get it recreationally. We’re not going to stop people from purchasing it. And I really loved Councilman Wilson’s point that it does allow them to have a safe avenue off the street and not knowing what other drugs could be laced with the marijuana.”

Councilwoman Madula Kalesis did not want to say where she stood because she wanted public input, but she also wanted the police chief’s opinion.

“I’m going to first state by saying, as I always say, the police department is apolitical. We don’t take sides. We follow the Constitution, the laws that Delaware legislators establish, and also codes that they establish,” Chief Ashes said. “So I am in agreement that I think it is very important for the community to have a say in how this plays out, because it is very important that the community be educated on every aspect of this law and what is allowed, what will be grander in and other aspects.”

She continued, suggesting that council do its due diligence.

“One thing that council should research and consider is the fact that if you have medical dispensaries already in your city, those will be grandfathered in because they will not be giving out any more medical marijuana licensees for retailers. If you are currently a medical marijuana retailer, medically be required to provide marijuana as they refer to it, or the recreational marijuana as I understand the law,” Chief Ashe said. “But again, when Commissioner Coupe, who is very, very well respected by me and by the law enforcement community, those are questions that really should be posed to him, as, how does that affect our current situation? Because we can’t go backwards at that point. You can’t undo something that’s already done.”

The chief explained that research and studies on these things indicated this would not reduce the black market.

“The legalization not going reduce the black market as I as I know it, because just like other avenues of economics, some people may not be able to afford the legalized cost of marijuana in going into these retail shops. I don’t know. I’m not experienced in this, but I’m assuming it would also have levels of inflation. And I don’t know, but a good question would be to ask the commissioner is, are they going to restrict the pricing of in the types of marijuana that would be sold?” Chief Ashe said. “Again, I’m not familiar with that, that portion of the law or whether it is restrictive, but we heard that it’s not going to change the environment for those that are less fortunate that they may still have to go down an illegal path of purchasing marijuana.”

Chief Ashe felt that education of the community was important which is why public input was critical. Failure to do so would increase calls to the police which is already occurring. For instance, if the city chooses to restrict the use of marijuana in the parks, they will get calls from parents complaining someone was smoking in the park too close to children, something that already happened on occasion.

“So, there’s going to be a lot of cultural factors that have to be taken into this, because even in some cases now, we get these calls and we have to inform people that it makes it difficult for us to enforce things that have been legalized in those ways, but the city can place restrictions if that is the will of the people. As far as for calls for service, for robberies, break ins, things like that. I know that a lot of these retailers for medical marijuana have significant security inside these retail establishments or medical marijuana establishments. I’m not going to put those out publicly, because I don’t want them getting broken into,” Chief Ashe said. “I’ll look at the calls for service, and then I can report that back to counsel into the public. But again, I’m not going to take a position on if the city and the will of the people is something that they do want here, then we as police officers are guided by the law, and we’re not guided by our opinion, so we will enforce the laws as council dictates, and will enforce them impartially and with equality.”

Sharp reminded council this was not something they could “kick down the road” as there was a pretty strict deadline. Pierce’s timeline showed a drafted ordinance presented for introduction to council on October 28. November 20, Commissioner Rob Coupe, Office of Marijuana Control would come before council to provide additional guidelines, and a public hearing scheduled for November 25 with the ordinance presented again for introduction on December 9. On December 17, Planning Commission would make its recommendation, and the ordinance would be presented at council on January 13 for adoption.

“}]] With the deadline looming for municipalities to determine where they will allow retail outlets for recreational marijuana, which is March 2025, Milford City Council heard a presentation from City Planner Rob Pierce regarding the options…  Read More