Wilmington council adopts 90-day moratorium on retail marijuana business licenses

Wilmington City Council adopted Ordinance No. 25-004 on Thursday, temporarily suspending issuance of business licenses for retail marijuana stores for 90 days to allow the city and community more time to address zoning and placement.

The measure — described by its sponsor as a 90-day pause to "zone properly" — passed after a roll-call vote in which eight council members voted yes, two registered as present and three were absent. Council President Trippie Congo declared the ordinance adopted.

The ordinance and its brief council debate followed a committee report from the Health, Environmental, Aging and Disabilities Committee that referenced Ordinance No. 25-004 and recommended council action. Councilman Hackett, the ordinance sponsor, said the pause is intended to ensure retail marijuana stores are located where they will not "negatively affecting our community." He said the moratorium would give the new administration and council time to complete zoning work.

Public comment at the meeting was sharply divided. Cynthia Ferguson, a longtime Wilmington resident, said she was "a little shocked by this whole moratorium mainly because it's been a year since this legislation was passed," and argued a pause could push businesses to open outside the city and cost Wilmington tax revenue. Vanity Constance, who identified herself as a community leader and a supporter of the Delaware Cannabis Advocacy Network, told council that "cannabis has really transformed my life and really aided my mental health" and urged regulated local sales for jobs and tax revenue.

Zoe Patchell, identified as executive director of the Delaware Cannabis Advocacy Network, urged the council to reconsider bans and restrictive zoning, saying, "Banning safe legal cannabis businesses is ineffective, short sighted, and it makes it less safe for both communities and consumers." Patchell reminded the council that state legalization legislation (HB 2) includes social equity licenses intended for Wilmington residents and argued that excessive local restrictions would undercut that state-level remedy.

Opponents also spoke. Frank Yerso Marceau said he "support[s] the resolution and the amendment" and that he believed the city "does not need more marijuana," citing health concerns.

Council discussion focused on balancing neighborhood concerns with economic opportunity. Councilman Owens said, "Do I wish we didn't have to have this? Absolutely. But because of the delays in the past, we need to do this in a collaborative way that allows for the community to come out and let us hear where exactly they want it." Several council members said they expect the 90 days to be a listening period; Councilwoman Bracey said, "If we're not talking to the community and really identifying who which neighborhoods want it, which neighborhoods don't, then this is a moot point and what we're doing is wasting time."

During debate Councilwoman Oliver and Councilman Johnson said they planned to vote "present," citing concerns about how zoning and access would affect minority neighborhoods. Multiple council members urged collaboration with the new mayoral administration and the planning commission to craft zoning that could pass committee and council.

Clerk roll call recorded: Councilman Owens — yes; Councilwoman Oliver — present; Councilwoman Willower — yes; Councilwoman McCoy — yes; Councilman Johnson — present; Councilman Field — yes; Councilwoman Bracy — yes; Councilman Hackett — yes; Councilman Spadola — yes; President Congo — yes. The clerk announced "8 ayes, 2 present, and 3 absent," and the ordinance was declared adopted.

A committee report that had recommended council consider Ordinance No. 25-004 was received, recorded and filed earlier in the meeting. The council also heard multiple non-legislative announcements and community-events notices after the vote.

Votes at a glance: Ordinance No. 25-004 — motion to enact the enacting clause and call for a vote moved by Councilman Hackett; second not specified on the record; outcome: adopted (8 yes, 0 no, 0 abstain, 2 present, 3 absent).

The moratorium will last 90 days; council members and public speakers said that period is intended for zoning review and community outreach. The ordinance text and the exact zoning changes under consideration were not specified during the meeting; council members repeatedly said details would be developed in consultation with the administration and planning commission.