Mixed Rollout for Recreational Marijuana Sales in Delaware as Milford and Seaford Maintain Bans

Delaware’s recreational marijuana sales started Aug. 1, and there was plenty of public demand for the various products.

MILFORD, Del. — A week after Delaware launched recreational marijuana sales statewide, some cities are embracing the new industry while others are holding the line against it — leaving residents with uneven access depending on where they live.

Milford and Seaford remain among the municipalities that have prohibited recreational cannabis sales within city limits, despite the state’s legalization of adult-use marijuana.

In Milford, City Council voted Jan. 13 to ban recreational sales. Mayor Todd Culotta supported the measure, acknowledging it was not a unanimous decision but reflected the council’s stance.

“It wasn’t unanimous, but that’s the way it went, and that’s how the council spoke,” Culotta said.

The ordinance has put Fresh Delaware, a medical marijuana dispensary operating in Milford since summer 2024, in a bind. The company was awarded a state recreational license in October 2024, received zoning approval, and invested in retail expansion — but cannot sell recreational products in Milford due to the local ban.

Fresh Delaware filed a lawsuit against the city, claiming the ordinance conflicts with state licensing and has caused significant financial losses, including the inability to use a $100,000 license. In the first week of recreational sales, the Milford location was forced to redirect customers to other stores, including its Newark site, which began selling recreational marijuana Aug. 1.

Seaford’s ban is rooted in an ordinance that aligns with federal law, which does not recognize recreational cannabis. However, the city is considering changes. A public hearing is scheduled for Aug. 26, after which council members may vote to align local policy with Delaware’s statute.

Advocates for expanded access argue that local bans undermine the state’s regulated market, while supporters of the restrictions say municipalities should retain control over whether to allow cannabis sales within their borders.

For now, customers seeking legal recreational marijuana in southern Delaware must travel outside Milford and Seaford — a situation that could change later this month if Seaford revises its policy.