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New Castle County, DE Cannabis Regulations: Buffer Zones (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

School/day-care/park buffer
1,000 feet
Store-to-store buffer
1 mile
Substance-abuse facility buffer
1,000 feet
Geographic scope
Unincorporated county only
Grandfathered use
Pre-7/1/2024 medical dispensaries exempt

Summary

Retail marijuana stores in unincorporated New Castle County must sit at least 1,000 feet from schools, colleges, day cares, places of worship, government parkland, and libraries, plus one mile from another retail store.

City-specific rules exist: Wilmington has its own buffer zones rules that differ from New Castle County's county-level regulations. If you live in Wilmington, check the city-specific page instead.

...recorded in the New Castle County Office of the Recorder of Deeds certifying that no portion of the proposed retail marijuana store building and signage is located within: 1. One (1) mile of an existing retail marijuana store...2. One thousand (1,000) feet of any parcel with a substance abuse treatment facility...3. One thousand (1,000) feet of any parcel with an established day care center, school (NAICS 6111), college (NAICS 6112, 6113), place of worship (NAICS 813110), governmental parkland, governmental office building, or library.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5).

Full Breakdown

Before New Castle County accepts a complete land-use application for a retail marijuana store, the property owner must record a document with the County Recorder of Deeds certifying the building and signage sit outside three buffers: one mile from any other retail marijuana store, 1,000 feet from a substance-abuse treatment facility, and 1,000 feet from a day care center, school, college, place of worship, governmental parkland, government office building, or library. Medical marijuana dispensaries licensed before July 1, 2024 are exempt. This Unified Development Code standard governs unincorporated New Castle County; Wilmington and Newark site and license retail marijuana stores under their own separate municipal codes.

Violations & Fines

No fine schedule is set in this section; a store sited inside a buffer fails site-plan review and cannot obtain a building or use permit from the Department.

Frequently Asked Questions

Does this buffer rule apply inside Wilmington or Newark?
No. Wilmington and Newark are incorporated cities with their own zoning and cannabis-licensing codes; this county Unified Development Code buffer applies only in unincorporated New Castle County.
How does the county enforce the buffer distances?
Before accepting a retail marijuana store application, the Department requires a document recorded with the County Recorder of Deeds certifying the site meets every buffer; failing that blocks permit issuance.

Sources & Official References

Other rules in New Castle County

All New Castle County rules

Compare New Castle County to another location·View the Delaware cannabis regulations overview

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Buffer Zones in Cities Across New Castle County