New Castle County, DE Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- Governing section
- UDC Sec. 40.03.341
- Store-to-store buffer
- 1 mile minimum
- Sensitive-use buffer
- 1,000 feet
- Zoning approach
- Permitted only in select commercial districts
- County opt-out
- None found in the Code
Summary
Retail marijuana stores need Land Use Department siting approval, are barred within 1 mile of another store, and are excluded from most residential and rural zoning districts.
As part of a complete submission, the property owner shall provide the Department with a copy of a document ... 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, college, place of worship, governmental parkland, governmental office building, or library.
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
New Castle County's Unified Development Code treats a retail marijuana store as a distinct zoning use (Sec. 40.03.341), permitted only in commercial and light-industrial-type districts by right or special-use approval, and explicitly barred in every residential, suburban and rural district (marked "N" in the use table). Before submitting a land use application, the owner must record a certification with the Recorder of Deeds showing the store isn't within 1 mile of an existing retail marijuana store, 1,000 feet of a substance-abuse treatment facility, or 1,000 feet of a day care, school, college, place of worship, government parkland, government office, or library. The Code contains no local opt-out of retail marijuana stores; the buffers and district limits in Sec. 40.03.341 are the county's only added layer on top of state licensing.
Violations & Fines
Operating or approving a retail marijuana store that violates the recorded distance certification or the district use table is a zoning violation, enforced by the Department of Land Use through its standard code-enforcement and permit-denial process under Chapter 40; the store's certificate of occupancy can be withheld or revoked.
Frequently Asked Questions
Can a retail marijuana store open in a New Castle County residential zone?
Does this rule apply inside Wilmington or Newark?
Sources & Official References
Other rules in New Castle County
Compare New Castle County to another location·View the Delaware cannabis regulations overview
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