By Glenn Rolfe

GEORGETOWN — While most municipalities in downstate Delaware have taken the prohibition route, Georgetown is officially open to the marijuana business.

The state-licensed recreational sale of adult-use cannabis is now a permitted use there, as are cultivation, manufacturing and testing of the substance in specified zoning districts in town limits.

On Monday, the mayor and Town Council voted 3-2 to approve the adoption of an ordinance pertaining to those permitted uses.

Mayor Bill West cast the decisive vote.

“I didn’t like it at first because I was a state cop, and I thought, ‘No, we don’t need the marijuana.’ But then you start looking at it,” he said. “This is a drug that is helping people get through life better.

Council members Eric Evans and Christina Diaz-Malone joined Mayor West in support, while Councilmen Penuel Barrett and Tony Neal, a pastor who founded a ministry that aids with addiction, opposed.

“What benefit is the town of Georgetown going to get?” Councilman Barrett asked. “As of right now, there is not one town that has passed this ordinance. If it was such a great thing, you would see some of these towns jumping onboard, especially if they thought there was money to be made.

“We’ve got 34-35 recovery homes in this town. Georgetown, as far as the mental health and addiction problem, we’re over our head right now. Why do we need to add this?”

Also during Monday’s meeting, town manager Eugene Dvornick offered some clarification about recreational marijuana sales carrying a 15% retail tax.

“Originally, when there was just one bill, there was a split on the tax revenue — a portion going to the state and a portion going to the municipalities. It was then separated into two bills, House Bill 1 and House Bill 2, and that took away the municipal portion, and all of the tax revenue went to the state,” he said.

“At that point in time, both the Delaware League of Local Governments and the Sussex County Association of Towns agreed that the best course of action was to utilize the time after it was legalized to track the additional expenses that we incurred within our law enforcement community, either through training officers or special training for K-9s, and then make a run for money after we had some statistical information on exactly what it cost us.”

Councilwoman Diaz-Malone explained her vote, saying, “It has been a very tough decision for me, as a person, to make, both as a mother and as a citizen. I have already apologized to my colleague, Pastor Neal. We all know that he is heavily involved in helping people who have had issues with illegal substances. I applaud his efforts.”

Monday’s action ended a lengthy process that stirred much debate.

Georgetown’s ordinance — allotted through the General Assembly’s passage of HB 2 in April 2023 — will allow a maximum of two adult recreational marijuana sales outlets in the highway commercial district along U.S. 113 and one each of cultivation, manufacturing and testing facilities in limited industrial zoning.

No retailers can be located within 1,000 feet of any church; licensed child care facility; school, college, university or educational institution, either public or private; or alcohol/drug rehabilitation service center.

The hours for sales are limited to 9 a.m. to 8 p.m. weekdays and 10 a.m. to 5 p.m. Saturdays.

For cultivation, product manufacturing and testing facilities with licensing through the state, all operations must be contained indoors and out of public view.

Another part of the scenario is the federal government’s possible reclassification of marijuana from a Schedule I drug to a Schedule III, labeling it a less dangerous substance.

“They are going to legalize it and make it just like alcohol. No crime. Go buy it. Go smoke it,” Mayor West said. “We just have to have our police officers enforce it when they do wrong. We know that we’re going to have issues with this. And I know the state is going to have issues with it.”

The mayor and council’s decision went against the recommendation of the Georgetown Planning Commission, which voted 3-2 to oppose the ordinance in January.

While HB 2 allows municipalities to ban the marijuana industry, counties cannot impose bans but are permitted to regulate the facilities.

The state’s Office of the Marijuana Commissioner will begin accepting applications for all licenses Sept. 1, with cultivation licenses to be issued first, followed by manufacturer permits. Retail sales are tentatively slated to begin in March 2025.