By Glenn Rolfe

GEORGETOWN — Hours of business and minimum distance from certain entities have delayed the scheduled first reading of an ordinance modification that would allow the retail sale and production of adult-use recreational marijuana in town limits.

Mayor and council held off on the first reading June 10, opting for a change in the permitted hours for retail. The recommendation is to change the open hours for sales from 7 a.m. to 8 p.m. to 9 a.m. to 8 p.m. Monday through Friday.

“There is no reason for a store to open up at 7 o’clock in the morning,” said Ward 3 Councilman Eric Evans, who was sworn in for his council term earlier that night.

Saturday hours would be 10 a.m. to 5 p.m., with no sales on Sundays.

A minimum distance of at least 1,000 from schools, daycares, churches and rehabilitation facilities was also requested to be specified.

These modifications will be incorporated by town solicitor Stephanie Ballard into a revised proposal, which will be brought before the council for first reading at the June 24 meeting.

If approved, the proposal would allow the new permitted use of up to two recreation marijuana retail sales outlets only in the highway commercial district along U.S. 113, and one each of cultivation, manufacturing and testing facilities in the light industrial zoning districts.

The General Assembly’s passage last spring of House Bill 1 decriminalized recreational marijuana, and House Bill 2, known as the Delaware Marijuana Control Act, legalized personal-use quantities of cannabis in Delaware.

Provisions in HB 2 allow a municipality to prohibit through ordinance enactment or through an initiated or referred measure. Delaware’s three counties do not have prohibition authority.

A municipality or county may enact ordinances or regulations governing time, place, manner and number of establishment operations.

The contentious issue has generated both support and opposition.

While not advocating for recreational marijuana use, Georgetown resident Dennis Winzenried said the town would be wise to approve the ordinance, to allow for local control rather than the state.

“Marijuana has become legal in the state of Delaware. It’s coming. Regulate it now. Get the ordinance in place … so you can control it,” said Mr. Winzenried, noting marijuana at the federal level is in the process of being declassified from a Schedule 1 substance to Schedule 3.

Councilman Penuel Barrett opposed the modifications in council’s 4-1 vote.

“In my eyes, there are more cons and pros. Is it going to affect our police department? Is there going to be more cost? Absolutely,” said Mr. Barrett. “My biggest fear is we’ve got so many calls right this minute. What is this going to do? It’s not going to help us.”

Angela Townsend, who vacated her council seat June 10 following the May 11 election in which she lost by 35 votes to Mayor Bill West, believes the ordinance passage is a done deal.

“This ordinance is going to be approved regardless of the number of letters of opposition you receive from constituents,” said Ms. Townsend. She made note that the planning commission “did vote against it.”

In January, the planning commission voted 3-2 to not recommend approval to council. Mr. Evans, a member of the commission at that time, cast one of the two favorable votes for recommended passage.

Councilwoman Christina Diaz-Malone said the ultimate outcome has not been decided.

“I am not of the opinion that our people are stupid. We have very smart people in this town who care about this town,” said Ms. Diaz-Malone. “I don’t use marijuana. I have used it for medical reasons. I am still weighing all the options. It will be a heart-wrenching decision.”

Mayor West is a firm supporter of the ordinance.

“It’s coming. They are taking it from Schedule 1 to Schedule 3. That is going to open it up tremendously with everybody,” Mayor West said. “I want to get ahead of it simply because I want it to be able to isolate the areas where it can be sold.”

A number of Sussex County towns, including those along the beach, have imposed outright bans on all components of the adult-use recreational marijuana business – retail sale, cultivation, testing and manufacturing.