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Dover council overrides mayoral veto, adopts four marijuana-related ordinances

January 02, 2025 | Dover, Kent County, Delaware


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Dover council overrides mayoral veto, adopts four marijuana-related ordinances
DOVER — The Dover City Council on Jan. 2 voted 8-1 to reaffirm its earlier approval of four ordinances that would allow and regulate marijuana retail, cultivation, testing and related zoning within the city after Mayor Robin R. Christensen issued a written veto.

The ordinances at issue were listed by council as 2024-29, 2024-30 (as amended), 2024-20 and 2024-25. Councilman Lewis moved to reaffirm the council’s prior action; the motion was seconded by Dr. Sudler and passed on a roll call of 8 yes, 1 no, overruling the mayor’s veto and meeting the two-thirds threshold the council cites for an override.

The mayor read a written veto into the record before debate, citing public-safety concerns and the absence of setback protections for schools, hospitals, clinics and religious organizations. "I hereby veto ordinances 20 24 dash 24, 20 24 dash 25, 20 24 dash 29, 20 24 dash 30 for the above stated reasons," Mayor Robin R. Christensen said in the statement. The mayor also told council that, under the state law framework, most state tax revenues from marijuana sales would flow to the state rather than to the city and that the ordinances as drafted would not sufficiently protect sensitive properties.

Council members split along policy and practical lines during the discussion. Councilman Roesch said he agreed with the mayor’s veto and urged colleagues to weigh the ordinances’ effect on downtown development and families, stating, "I agree with the mayor's veto and everything that was specified." Councilman Neal and others expressed concern that, if council did not act, state licensing could allow retail uses to locate anywhere the city permits retail, including near downtown, and said a local ordinance was the principal municipal tool for shaping how the state framework would apply locally.

Council President Anderson and other supporters described the package as a compromise that limits most marijuana activity across the city while allowing regulated operations in restricted areas. Anderson noted the draft had been modified from earlier versions and said the final ordinances had been informed by public survey results; he summarized that about 60% of respondents favored retail marijuana under the conditions proposed. Anderson also said council could later consider joining a regional effort to seek a modest local sales tax on marijuana, noting discussions about a 1%–1.5% levy.

Planning staff and the city solicitor weighed in on procedure and zoning. Miss Townsend, a city planning staff member, confirmed that in the absence of a local ordinance a state retail license would be permitted wherever retail is allowed under existing zoning. Mr. Rodriguez, the city solicitor, told council that council has the authority to amend an ordinance on final reading and that some of the zoning-related amendments had been referred back to the planning commission while others did not require further planning-commission review.

Council members also cited a change in a key setback: earlier drafts had proposed a 1-mile buffer along the Route 13 corridor; the revised ordinance reduces that corridor setback to 500 feet. The mayor warned that 500 feet along Route 13 could allow "up to 6 or even 7 retail shops" between the city sign and the north entrance of Dover Air Force Base, a scenario he said would create unacceptable exposure near sensitive uses.

Clerk roll call following the final motion recorded votes by name: Mister Hare (yes); Mister Bogarty (yes); Mister Neal (yes); Dr. Pillsbury (yes); Mrs. Arnn (yes); Mister Rosha (no); Dr. Sadler (yes); Mr. Lewis (yes); Council President Anderson (yes). The clerk announced the result as "8 yes, 1 no" and declared the motion passed.

Following the vote, Council President Anderson declared the special meeting adjourned.

The ordinances themselves and any implementation steps (licenses, permits, effective dates) were not specified in detail during the public portion of the meeting; council members and staff said further administrative actions and potential follow-up ordinance adjustments could be considered at future meetings.

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