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The City of Milford will hold a public hearing regarding the retail sale of recreational marijuana

The City of Milford is inviting the public to provide input during a public hearing on October 28, 2024 beginning at 6:00 PM at City Hall, 201 S. Walnut Street, Milford, DE. The City is considering an ordinance to amend the City’s zoning code to address the sale, testing, cultivation and production of medical and recreational marijuana.

The public hearing was prompted by comments made by council at a recent workshop.

“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. It’s going to affect them,” Councilman Jason James said. “We need to be able to represent, and we can’t represent if we don’t give them the chance to provide us with their views on the matter.”

Councilman Stewart supported comments by both Councilman James and Councilwoman Nirmala Samaroo who also felt public input was required on this matter. He also felt that better publication was necessary.

“There are 14,000 people in Milford and at a recent public hearing about the new playground, only 50 people were present,” Councilman Stewart said. “I don’t want 50 people’s opinion, I want the majority of the city to get involved in something this important.”

The public hearing is to discuss retail marijuana sales only. According to state regulations, Title 16 of the Delaware Code, titled “The Medical Marijuana Act,” allows municipalities to regulate the time, place, and manner of medical marijuana operations as long as the regulation does not prohibit medical marijuana operations altogether.

However, Title 4 of the Delaware Code, titled “The Delaware Marijuana Control Act,” which deals solely with retail sales for recreational use, allows municipalities to prohibit the operation of recreational marijuana facilities or enact regulations governing the time, place, manner, and number of recreational marijuana establishments.

It is important to note that the ordinance amendment to the zoning code will not address the use of marijuana, which is controlled by State law under Delaware Code Title 16, Chapter 47, § 4764. The deadline for enacting ordinances related to retail marijuana is March 2025. If the city does not put an ordinance in place by that time, retail marijuana outlets would be permitted anywhere commercial sales of any type are permitted.

Questions should be directed to Rob Pierce, Planning Director, at 302-424-8395 or [email protected]. Anyone who is unable to attend can send comments to Pierce prior to the public hearing and they will be added to the record.

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