Delaware Retail Marijuana Store Licensing Near Schools

Adult-use retail marijuana in Delaware is a state-licensed activity run through the Office of the Marijuana Commissioner under the Delaware Marijuana Control Act. Section 1354 gives the Commissioner discretion to deny a license for any new establishment located in the vicinity of a church, school, college, or a substance abuse treatment facility as defined under § 2203 of Title 16. The Act sets no numeric setback at the state level, so proximity is judged case by case, and an establishment that predates a nearby church or school is not refused on that ground alone. Cities and counties impose their own distance buffers on top of the state license.

A license application can be refused outright when the proposed site sits in the vicinity of a church, school, college, or treatment facility. Operating a retail marijuana store without a Commissioner-issued license is prohibited under the Act.