Bethany Beach Joins Coastal Communities in Choosing Ban on Commerical Sale and Production of Marijuana Within Municipal Boundaries
The Bethany Beach Town Council is considering legislation prohibiting the sales and production of marijuana within municipal boundaries. The Town Council had a first reading of this proposed legislation at its most recent Town Council meeting on July 21st. There will be a second reading, and a possible vote, on the proposed legislation on August 18th, at the Council’s next regular meeting. The period between the first and second reading on draft legislation such as this is to give citizens the opportunity to offer comment.
In April, the Delaware General Assembly passed a bill making the commercial sales of marijuana legal by state licensed stores and also allowed for the production of marijuana. However, there was a provision in the legislation that allows municipalities to legislatively prohibit marijuana sales and production if they so choose, and coastal communities from Rehoboth Beach to Ocean City, Maryland are doing so.
Additional Information from the Town of Bethany Beach:
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AN ORDINANCE ADDING CHAPTER 218 REGULATING THE PRODUCTION AND SALE OF MARIJUANA IN THE TOWN OF BETHANY BEACH
Whereas, the Town of Bethany Beach deems it appropriate, necessary, and proper for the protection of persons and property and for the preservation of the public health, welfare, and safety of its citizens to adopt regulations pertaining to the production and sale of marijuana within the Town and;
Whereas, the Town Council finds the production and sale of marijuana is not deemed to be clearly integral and a harmonious component of permitted use within the Town.
Whereas, the newly enacted Delaware Marijuana Control Act specifically provides a municipality may prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities or retail marijuana stores through the enactment of an ordinance or through an initiated or referred measures.
BE IT HEREBY ENACTED by the Town Council of the Town of Bethany Beach, a majority thereof concurring in Council duly met, that the Town Code be and hereby is amended as follows:
Section 1. Add Chapter 218-Marijuana as follows: (All additions are highlighted in bold below):
Article I: Licensing of Commercial Establishments 218-1
No business license shall be issued for any operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, retail marijuana stores or marijuana smoking lounges in the Town of Bethany Beach.
The purpose of this ordinance is to add a new chapter 218 (“Marijuana”) as a result of the enactment of the Delaware Marijuana Control Act by the State of Delaware legislature. The Act specifically provides that a Municipality may prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities marijuana testing facilities, or retail marijuana stores through the enactment or through an initiated or referred measure. The adoption of Chapter 218 by Town Council is to protect the public health, welfare and safety of citizens and inhabitants of the Town of Bethany Beach.
BB Marijuana Ordinance News Flash July 2023 – https://www.townofbethanybeach.com/DocumentCenter/View/6710/BB-Marijuana-Ordinance-News-Flash-July-2023