Milford dispensary says state conversion license predates city ban and vows legal options

Representatives of Fresh Delaware told Milford City Council on June 9 that the company obtained local zoning verification and a state conversion license to sell adult‑use cannabis at its Milford location before the council considered and passed a local ordinance banning retail adult‑use cannabis.

Christopher Kiley, chief executive officer of Fresh Delaware, said the city issued a zoning verification letter that he attached to a state conversion license application. Kiley said the Office of the Marijuana Commissioner reviewed Fresh Delaware’s documents and issued a conversion license before the council began discussing a possible ban.

“To begin, I'm first would like to make clear to the council that I'm not here in attempt to invalidate or to change the new ordinance that prohibits stores in Milford. I'm simply here to discuss how it applies to Fresh,” said Justin Weisser, an owner who registered to speak remotely. Weisser said the city’s zoning verification was submitted to the Office of the Marijuana Commissioner and that the OMC issued an active conversion license on Oct. 29; the business has continued to remit quarterly payments to the OMC, he said.

Kiley and Weisser told council they relied on the city’s zoning verification when applying for state approval and that six attorneys they consulted said Fresh Delaware appears to be “grandfathered” because state licensing required evidence of local approval. Kiley said the company prefers not to pursue litigation but will if the city enforces the ordinance against their existing license.

Solicitor David Rutt confirmed for the record the spelling of Weisser’s last name; council and staff discussed prior communications between the company and the city solicitor’s office regarding the ordinance’s application to existing licensed operations. No formal council action was taken at the meeting on the issue.

The council did not vote on the application or the company’s status. City staff indicated there has been back‑and‑forth with the licensee and the solicitor, including letters and legal counsel engagement. Fresh Delaware said it is prepared to seek court relief if the city declines to recognize what the company describes as a preexisting license.