Bans, restrictions curb number of Del. cannabis stores

The planning commission, however, has since expanded the restricted zone to 300 feet — the length of a football field. But that proposal will be reconsidered later this month by the commission, and then City Council will decide the issue.

Contrast Wilmington’s approach to that of New Castle County, within which the city is located.

The county’s proposal for unincorporated areas, now before County Council, even contemplates stores in Christiana or Concord malls, and mandates that there’s “internal customer access.”

The only restrictions in the county ordinance under consideration are that stores must not be within 1,000 feet of a day care center, school, church, park, library, government office building or substance treatment center.

Charuni Patibanda, the county’s land use general manager, said the administration of Matt Meyer, the Democratic nominee for governor, isn’t interested in creating extensive prohibitions.

“New Castle County understands that the legislation must be balanced and must protect communities while also allowing for economic development opportunities in a growing industry in Delaware,’’ Patibanda said.

In Wilmington, Councilwoman Maria Cabrera told WHYY News she sees too much of the “not in my backyard” sentiment among city policymakers.

“What I’m experiencing is a bit of NIMBY going on,’’ said Cabrera, an at-large member who represents the entire city. “Nobody wants it in their district. Nobody wants it in their neighborhood.’’

Cabrera said she hopes the restrictions are revised back to 100 feet, which opens up some other locations, though they will still be limited at 300 feet. Cabrera fears that the alternative only benefits streetcorner dealers of weed, cocaine, heroin and other drugs, who continue to flourish in the city’s roughest neighborhoods.

“I think of the people who maybe don’t have transportation, who don’t have the accessibility. So going to the corner dealer is going to be more accessible for them,’’ Cabrera said. “And even though we may not put drug dealers out of business, we can definitely put a dent in their business” with easily accessible legal marijuana stores.

Peter Murphy, a Wilmington lawyer who represents medical marijuana licensees and businesses hoping to obtain a recreational license in Delaware, said he’s not surprised by the continued opposition from elected leaders, even though public polling shows residents largely approve of legal weed.

“It is always interesting that there’s usually enough public support to get it legalized, and then when it comes time to actually regulate and open up the businesses, you see a different side to the public acceptance of it,’’ Murphy said. “So that’s what I think is kind of playing out in Delaware and particularly in Wilmington.”

“I understand that approach of having a buffer when it comes to schools and other areas where there will be children around. But a buffer as to anything residential is the big difference. That changes everything.”

The attorney suggested that under the proposals, residents of the Highlands, the affluent enclave in Wilmington where Purzycki lives, would likely not be able to find a nearby cannabis store, even though there’s plenty of spots there and and close by to get a bottle of wine, a fifth of whiskey, or their favorite craft brew.

“Imagine, if you want to get a six-pack of beer, you gotta come [downtown] to King Street, to get it. It is a little convenient at a minimum, but I think it’s largely driven by ignorance,” Murphy said.

“So the more that people can see how these businesses are actually run and what they look like, I think that will change attitudes on where they can be placed.”

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