FENWICK ISLAND – A Fenwick Island committee agreed last week to have the town solicitor draft an ordinance banning cannabis sales within town limits.
Last Thursday, the Fenwick Island Charter and Ordinance Committee voted unanimously to have the town solicitor draft a proposed ordinance banning cannabis sales in town. Mayor Natalie Magdeburger, committee chair, the proposed ban would comply with new state laws on recreational use.
“Whatever ordinances are drafted, we need to follow the law and whatever exemptions are provided and to make sure we are all consistent,” she said.
Last year, the topic of recreational marijuana was referred to the charter and ordinance committee for review. With new laws legalizing recreational marijuana now in effect, Magdeburger said the committee should begin exploring the town’s options.
“The wisdom of this committee was before we could do anything, we needed to see if the law would pass, and if the law did pass, what type of ability municipalities would have to work within the law,” she said last week. “We are now here, the law has passed, and we need to take a look at it and see what this committee thinks in terms of whether or not we wish to avail ourselves of any limitations the law provides or whether or not we want to remain silent on the topic.”
Magdeburger noted the town already had ordinances that prohibited the smoking or vaping of any substance on the beach. She noted, however, that there was no ordinance on the sale or production of recreational marijuana.
“We are actually ahead of the game in terms of whether or not things could be smoked on the beach …, she said. “Our ordinance already prohibits the use of cannabis, unless it’s eating a gummy, on the beach. So I don’t think we need to address that or touch that.”
Magdeburger told committee members the topic would require in-depth research and communication with other coastal communities in Delaware.
She noted the Town of Dewey Beach had already indicated it would prohibit marijuana sales.
“The issue would be whether or not we want to permit the sale of those items within town, and I guess the production of it …,” she said. “Whatever ordinances are drafted, we need to follow the law and whatever exemptions are provided and to make sure we are all consistent.”
For her part, committee member Ann Riley said she supported the proposed ban.
“I can’t believe Fenwick Island is a place where we would want to have cannabis sales,” she said. “I would find it shocking. Why waste time? I agree we should work with the solicitors of other beach towns and keep things consistent per Delaware law.”
Committee member Ben Waide agreed.
“We don’t need to invent anything here,” he said.
Magdeburger, however, said the town would be responsible for doing just that.
“All of this is very new territory, and from a legal perspective it’s fraught with a lot of potential for challenge,” she said. “My recommendation is we do it very carefully. I’d like to have our town solicitor look at the code and make recommendations to us if that’s where we wish to go with it and come back with a proposed ordinance that goes into place.”
Magdeburger said the town should also inform local businesses of the proposed ban.
“I don’t know if this is something they have an interest in doing …,” she said. “I think it’s worthy to at least letting them know this is an agenda item.”
With no further discussion, the committee voted unanimously to have the town solicitor begin drafting an ordinance banning marijuana sales pursuant to provisions of state law.
The committee last week also held discussions on a proposed ordinance for electronic signage and the status of occupancy permits being issued after construction is complete and equipment is removed, among other things.
