"Marijuana Retail Absence Persists": Despite Legalization Over Two Years Ago, Delaware Yet to Establish Any Cannabis Retail Outlets

Delaware has been charting a course towards recreational marijuana legalization since 2023, but two years on, Delawareans are still waiting for operational retail stores to open [4]. As of May 2025, the delayed implementation of the law has become a source of frustration for both marijuana advocates and businesses.

An initial hurdle was the process of obtaining FBI background checks [3], [5]. Despite the Delaware Office of Marijuana Commissioner (OMC) applying for a federal fingerprint service code, the request faced rejection due to ambiguous statutory language [3], [5]. Subsequent legislative adjustments, such as House Bill 110, have since clarified the need for background checks, leading to a partial approval by the FBI on May 5, 2025 [5]. With this development, the OMC can now begin issuing conditional licenses, paving the way for background checks to be completed. However, it is estimated that actual retail openings will still take up to 18 months after receiving conditional licenses [5].

While progress is being made on the regulatory front, some municipalities are challenging the growth of the marijuana industry. Delaware's larger cities – Wilmington, Dover, and Newark – have taken strides in establishing regulations for cannabis businesses, albeit with varying levels of resistance [1]. Smaller towns and counties, particularly Middletown and Sussex County beach towns, have imposed bans or restrictive zoning measures that effectively ban retail marijuana businesses [1]. In a bid to circumvent local restrictions, a bill proposed in the legislature aims to supersede the Sussex County regulations to facilitate market growth [1].

In Wilmington, which is the most densely populated city in the state, lawmakers initially opposed the legalization of marijuana when the then-governor was in office [1]. However, after careful consideration, the city has recently given its approval for recreational marijuana stores and other cannabis businesses to operate within specified zones [1]. Dover and Newark have also identified potential locations to accommodate weed businesses, showing a measure of openness to the burgeoning market [1].

Marijuana proponents, however, argue that local restrictions in places like Wilmington deny safe access to low-income residents, potentially perpetuating a dependency on the illicit market [1]. As the state's marijuana industry continues to take shape, the debate over access, regulations, and market growth will likely continue to be a contentious issue in the coming months.

In conclusion, Delaware's recreational marijuana market is gradually moving forward, with key cities making headway in establishing regulatory frameworks for cannabis businesses [1]. While some delays remain, such as the lengthy licensing process, the state's marijuana industry is poised to progress, as legislative adjustments and approved background checks help clear a path for growth [3], [5]. Ultimately, Delawareans can look forward to the launch of the adult-use recreational marijuana market in the near future, though an exact timeline remains uncertain [1].

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"Marijuana Retail Absence Persists": Despite Legalization Over Two Years Ago, Delaware Yet to Establish Any Cannabis Retail Outlets