Milton council to hold public hearing on marijuana ordinance

Milton Town Council is set to hold a hearing on a proposed ordinance that would regulate marijuana operations within town at its 6:30 p.m., Monday, Sept. 9 meeting.

Under the ordinance, the operation of a marijuana cultivation facility, a marijuana product manufacturing facility, a marijuana testing facility, a retail marijuana store and a marijuana smoking lounge would each be prohibited within the municipal boundaries of Milton.

Marijuana was legalized for recreational use in Delaware in 2023 with the passage of House Bill 1 and House Bill 2, which spelled out the process for legalization and regulation of marijuana. 

HB 1, the marijuana legalization bill, allows anyone 21 or older to possess up to 1 ounce of marijuana legally. Sponsored by Rep. Ed Osienski, D-Newark, the bill prohibits public consumption, allows businesses to drug test employees and have rules against its use, and continues to penalize drivers for operating vehicles under the influence of marijuana. The bill does, however, remove possession of marijuana from the list of activities that prohibit a person from possessing a handgun.

HB 2, the regulation bill, also sponsored by Osienski, creates a framework to tax and place fees on a marijuana industry, which includes funding a Justice Reinvestment Fund, under the management of the Department of Justice, which will be used for projects to improve quality of life for communities most impacted by the prohibition of marijuana and war on drugs-era policies.

The bill also allows for 60 licenses to be issued in the first year, with 20 of them reserved for social equity applicants.

Milton officials began work on the ordinance in July to give the town time to put the regulations in place before the Office of the Marijuana Commissioner starts issuing licenses this fall. Under the law, municipalities are able to place prohibitions on how marijuana is regulated within their towns, and doing so gets much more complicated legally once licenses are issued.

The proposed regulations were reviewed by the planning and zoning commission, which recommended council approve the ordinance. In its report, the commission said that while the new law could create jobs and businesses in town, given the recency of the regulations and the unsettled nature of the industry in the state, the town would best be served at the moment by prohibiting marijuana establishments. 

“As the industry and regulators identify successes and failures with the facilities permitted in Sussex County and elsewhere in the state, the mayor and town council of Milton may elect to revisit the issue,” the report said.