Delaware sets minimum separation distances between licensed marijuana retailers and sensitive uses. Wilmington applies these state buffers through its conditional-use zoning review for dispensaries.
Under Delaware Marijuana Control Act regulations adopted by the Office of the Marijuana Commissioner pursuant to Title 4 Chapter 13, retail marijuana stores must maintain set distances from K-12 schools, licensed child-care facilities, and certain treatment centers. Wilmington's Zoning Code Chapter 48 reinforces those state buffers and may add city-specific separation between dispensaries to prevent clustering. Distances are measured property-line-to-property-line and verified during the conditional-use hearing before the Planning Commission.
Failing a buffer measurement can deny or revoke a Wilmington conditional use and an OMC retail license, halting operations.
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See how Wilmington's buffer zones rules stack up against other locations.
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