PRESS RELEASE: City Council Approves Landmark Ordinance to Guide Recreational Marijuana Business Locations in Wilmington

 

Friday, May 2, 2025

City Council Approves Landmark Ordinance to Guide Recreational Marijuana Business Locations in Wilmington
Ordinance 25-013 ensures that Wilmington is prepared to welcome new economic opportunities while prioritizing public safety, thoughtful development, and community well-being.

Wilmington, DE – In a significant step toward responsibly implementing state legislation, Wilmington City Council has passed Ordinance 25-013, amending Chapter 48 of the City Code to regulate where recreational marijuana establishments may operate within city limits.

“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.”

This ordinance, presented by the Administration, aligns Wilmington’s local zoning laws with the Delaware Marijuana Control Act, passed by the Delaware General Assembly. It provides a clear and structured framework for allowing the cultivation, manufacturing, testing, and retail sale of recreational marijuana in specific zoning districts throughout the City of Wilmington.

Highlights of Ordinance 25-013 include:

A Strategic Zoning Approach for New Economic Opportunity

Ordinance 25-013 permits marijuana businesses in the following zoning districts:

• C-5 (Heavy Commercial)
• M-1 (Light Manufacturing)
• M-2 (General Industrial)
• W-1, W-2, W-3 (Waterfront Manufacturing/Commercial Zones)

Testing and retail establishments may also operate in the W-4 (Waterfront Residential/Commercial) district but must receive special exception approval from the Zoning Board of Adjustment.

In addition, all marijuana-related businesses must maintain a 300-foot buffer from any residential zoning district or any public or private K-12 school. The ordinance also establishes new parking requirements for marijuana testing facilities, aligning them with research and laboratory standards.

Types of Marijuana Establishments Defined

Wilmington’s ordinance recognizes four distinct types of marijuana operations:

• Cultivation Facilities – Licensed to grow and package marijuana for wholesale use.
• Manufacturing Facilities – Licensed to produce marijuana-infused products for retail distribution.
• Testing Facilities – Licensed to verify product potency and safety.
• Retail Marijuana Stores – Licensed to sell marijuana and marijuana products directly to consumers.

Temporary Suspension of Retail Licenses Still in Effect
This ordinance builds upon Ordinance 25-004, passed by City Council on February 27, 2025, which temporarily suspended the issuance of business licenses for retail marijuana stores for 90 days. That temporary measure was designed to give the City time to establish zoning rules before retail sales begin.

Now, with Ordinance 25-013, Wilmington is positioned to support safe, legal, and regulated marijuana businesses while safeguarding the character and needs of our neighborhoods.

Read The Full Ordinances
To read Ordinance 25-013, An Ordinance to Amend Chapter 48 of the City Code to Permit the Cultivation, Manufacture, Testing, and Retail of Recreational Marijuana Within Certain Commercial, Manufacturing, and Waterfront Zoning Districts, click here.

To read Ordinance 25-004, An Ordinance to Temporarily Suspend the Issuance of Business Licenses for Retail Marijuana Stores, click here.

 

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MEDIA INQUIRIES:
Yesenia Taveras
Director of Communications, Wilmington City Council
Office: (302)576-2585
Email: ytaveras@wilmingtonde.gov
City Council Website: www.wilmingtoncitycouncil.com