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Marijuana business owners gather in Dover to press state to open weed businesses

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Marijuana business owners gather in Dover to press state to open weed businesses


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Marijuana business owners, users and advocates from around Delaware gathered in Dover on Tuesday morning to push the state government to allow businesses to open nearly two years after recreational weed was legalized.

More than 40 people organized by the Delaware Cannabis Industry Association stood outside Legislative Hall holding signs and listening to speeches. They said the state is allowing unsafe and unregulated marijuana to be purchased and used while a regulated statewide industry sits in limbo. Recreational, adult-use marijuana was legalized in 2023, but businesses have yet to open their doors.

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All licenses have been handed out for now through lotteries. Now, background checks on all of the winners, including the seven licenses allowing for conversion from medical to recreational marijuana, are being done. According to the Office of the Marijuana Commissioner, the fingerprinting authorizations from Delaware State Police through the State Bureau of Investigation still need approval from the FBI. Those fingerprints are part of the required criminal background check performed on everyone awarded a license.

Any lottery winners who pass the current background checks will be given a conditional license. If they cannot become fully operational within 18 months, the license is likely to be rescinded. If they become operational, they are awarded an active license and can continue.

But, patience is wearing thin for business owners who want to get the industry up and running. James Brobyn, CEO of marijuana business American Fiber Co., called on Gov. Matt Meyer to either empower current acting Commissioner Paul Hyland or choose another commissioner. Rob Coupe, the state’s first commissioner, stepped down before Meyer took office.

“That’s literally the the legal hurdle that has to happen to just turn the switch on,” Brobyn said outside of Legislative Hall.

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A spokeswoman for Meyer’s office said the governor understands the urgency of nominating the next marijuana commissioner and that Meyer has been a supporter of recreational and medical marijuana.

“It’s critical we select the best person to lead the state’s program,” the spokeswoman for Meyer said. “Not only for those looking to open businesses in Delaware, but for communities that have long been victims of war on drugs and medical patients forced to live in the shadows for decades. We can and will do better in Delaware to ensure we have an equitable and thriving marijuana industry.”

Originally, the plan to open marijuana retail in Delaware was spring 2025. That time has come, and businesses have not been opened or converted. The OMC said the decision to open the existing medical businesses who applied for conversion licenses ahead of the lottery winners will be up to whoever is the next commissioner.

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County and city-level zoning stifles business owners

State law allows counties to regulate the recreational marijuana industry however they want without banning it. New Castle and Sussex counties have approved additional buffer zones around churches, schools and residences on top of existing state-required barriers for businesses. Municipalities can outright ban it, and many towns at the beaches have done so.

In Sussex County, 3-mile buffer zones around municipality borders, churches and schools and more have choked off marijuana businesses to a point where they cannot confidently operate in the few places in the county available.

Jen Stark, owner and director of processing at The Farm medical marijuana dispensary in Felton and New Castle, lives in Bridgeville and cannot open inside or outside of its municipal borders.

“All they have in Sussex for retail is a piece of paper; it means nothing,” she said.

Louise Shelton of New Castle was awarded a social equity cultivation license in New Castle County. She said finding a location in the county to operate is her biggest challenge. She is new to the industry and wanted to grow the plant because it has had positive effects on her family members, she said. Now, she cannot get anyone in commercial real estate to help her find a location.

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“We’re just kind of at a stalemate right now,” Shelton said in Dover on Tuesday. “How do you give us licenses if you’re not going to take care of the zoning?”

Shelton also has a social equity cultivation license in Sussex County, where she said it has been frustrating. She said the main complaints have been about the smell and use of marijuana, despite her business just growing the plant itself.

“Just because weed is recreational doesn’t mean we can just walk down the street smoking it,” Shelton said. “We know the laws and will abide by them.”

Stark looked at Kent County’s regulations as a model for what the rest of the state should look like. Kent County is regulating where businesses can operate, similar to liquor and tobacco businesses. Stark hopes the Legislature will take another look at the zoning restrictions allowed by state law.

“I really hope that they can write legislation and get it passed through the House and Senate; otherwise, it’s just going to be crippling to the industry,” she said.

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Social equity license winners run into same problems as open retail

Social equity licenses were intended to give areas disproportionately affected by past drug-related enforcement and individuals with past marijuana convictions a chance to get in on the industry. Social equity applications came at a discounted rate of $1,000. Open applications cost $5,000 and micro-level applications cost $3,000.

Conversion licenses were awarded at $200,000 for cultivation and $100,000 for retail and manufacturing. The state made $4 million from them, which helps to fund social equity grants for business owners.

Darnell Martin of Wilmington said he plans to be in the next lottery for a social equity license. He said local governments are treating the recreational marijuana industry unfairly.

The Wilmington City Council recently passed a three-month pause on marijuana business licenses in the city while they figure out the proper zoning around the businesses. Martin said they should have it figured out because people have smoked marijuana for decades.

“They are treating it like it’s the zombie apocalypse,” he said.

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Shane Brennan covers New Castle County with a focus on Newark and surrounding communities. Reach out with ideas, tips or feedback at slbrennan@delawareonline.com. Follow @shanebrennan36 on X, formerly Twitter.



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Snake-infested lakes and ponds in Delaware. What to know before you go

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Snake-infested lakes and ponds in Delaware. What to know before you go


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It could be one of your worst nightmares.

You’re enjoying a summer day in the water when you feel something brush past your leg. You turn, and there’s a snake.

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While the chances of that scenario playing out are highly unlikely, there is a good chance the waters you enjoy playing in are also inhabited by snakes.

The danger level might not be as high as Florida’s, but it’s still something to be aware of when you go into the outdoors.

Here’s a look at the snake-infested lakes and ponds in Delaware, according to worldatlas.com.

Nanticoke River

The Nanticoke River runs 64 miles from southern Delaware to the Chesapeake Bay, winding through marshlands, forests, and farmland along the way. The habitat is perfect for the Northern watersnake. The snakes are nonvenomous, but they will defensively strike if you corner them or try to hold them.

The Brandywine

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This is where you need to be very careful. The Eastern copperhead is a confirmed and documented presence, and a small group exists at Alapocas Run State Park along the water near Wilmington. The snakes won’t chase you, but if you step too close or don’t see them, they will strike. You should watch your step near log piles and rocky outcrops.

Millsboro Pond

Millsboro Pond is the home to perch, black crappie and frogs, which is the perfect food for snakes including northern water snakes, plain-bellied water snakes, queen snakes and common ribbon snakes.

The Eastern copperhead lives in southern Sussex County, which includes the pond. However, sightings are rare. It’s something to watch out for when you are at the pond.

Lums Pond

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The pond, located in Lums Pond State Park, has numerous varieties of snakes. However, the inlets and small islands are perfect for northern water snakes to bask in the sun. The snakes thrive on fish and amphibians and benefit from the surrounding forest and wetlands.

One snake to watch for is the ringneck snake. It has a mild venom and its teeth have trouble puncturing human skin, but for those with venom allergies, you should treat it like any other venomous species.

Trap Pond

Trap Pond, located in Trap Pond State Park, is noted for its cypress swamp. The bald cypress trees and the tree’s root structure provide a great hiding place and basking spot for eastern garter snakes and northern water snakes.

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Silver Lake

Located in Dover, Silver Lake is lined with trees and vegetation, making it a great place for snakes. The northern water snake is seen here, but eastern kingsnakes are also occasionally seen in the wooded areas of the lake.

Garrison Lake

Garrison Lake is a popular spot in Kent County for fishing and boating. The marshy areas and dense vegetation are perfect habitats for northern water snakes, eastern garter snakes and eastern rat snakes. The wetlands are attractive to snakes due to the abundance of prey and the availability of cover.

Red Mills Pond

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Red Mills Pond, located near Lewes, has a rich biodiversity supporting numerous amphibians and small mammals, which attract snakes. Among the snakes you may see in and around the pond are the northern water snake, eastern ribbon snake and eastern ribbon snake.



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Delaware Online wins investigative reporting prize, 17 other awards

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Delaware Online wins investigative reporting prize, 17 other awards


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Delaware Online/The News Journal won the A-Mark Prize for Investigative Journalism for its reporting revealing hundreds of invalid teacher licenses in Delaware.

The work by reporters Kelly Powers and Esteban Parra led to lawmakers proposing a bill that would tighten licensing requirements for public school employees and penalize districts that retain unlicensed staff.

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The judges cited the work for “meticulous and thorough reporting” and “a fair and balanced presentation of the situation.”

The A‑Mark prize honors excellence in watchdog and accountability reporting. It is backed by The A‑Mark Foundation, a nonpartisan nonprofit supporting investigative and unbiased social‑issue journalism, in partnership with the Maryland‑Delaware‑DC Press Association.

“The reporting from Kelly Powers and Esteban Parra reflects the very best of investigative journalism in Delaware – thorough, fair and impactful,’’ said Mike Feeley, executive editor of The News Journal and Delaware Online. “We are proud to see their work awarded with the inaugural A-Mark Prize in a highly competitive field.

“I congratulate all of Delaware Online’s award winners in this year’s MDDC Awards for their commitment to journalism that strengthens our communities,’’ Feeley said.

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Delaware Online/The News Journal won a total of 18 awards May 8 at the MDDC Press Association’s annual conference.

The MDDC Awards recognizes news publications from Maryland, Delaware and the District of Columbia. For each category, a first- and second-place winner is chosen based on circulation divisions. A part of the largest-circulation division, Delaware Online/The News Journal competes against news sites like the Baltimore Sun, Baltimore Banner and Washington Post.

Here is the list of winners, with links to the stories that took home the prizes.

Best of Show

  • News-Driven Art or Illustration: Luis Solano, “American’s deadliest habit”

First Place

Second Place

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  • Feature Story: Non-Profile: Xerxes Wilson, “Why this Delaware prison is making tattooing part of its educational programming”
  • Sports Feature Story: Brandon Holveck, Martin Frank, “Eagles’ Saquon Barkley’s historic season built on selflessness, generational athleticism”
  • Local Column: Critical Thinking: Xerxes Wilson, “Broken bones, brick walls and searching for accountability”
  • Sports Photo (Feature): Benjamin Chambers, “Delaware wins 61-31 against UTEP in Conference USA regular season finale”
  • Public Service Reporting: Krys’tal Griffin, “While these Delaware riders depend on Paratransit, the service still lags post-pandemic”
  • Breaking News: The News Journal staff, “Delaware State trooper killed by shooter prevented other deaths, state officials say”
  • News Page Design: Luis Solano, “American’s deadliest habit”
  • Page 1 Design: Stephanie Lindholm, “Musical haven in Delaware”
  • Continuing Reporting: Kelly Powers, Shane Brennan, “Your property taxes are changing. What Delaware homeowners should know about new laws”
  • General Website Excellence, The News Journal



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Lawsuit says Delaware prisoners forced to ‘marinate’ in pepper spray

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A lawsuit seeking to represent all people locked up by Delaware claims that prisoners are routinely left to “marinate” in a high-concentration pepper spray. 

The lawsuit filed May 7 in Delaware Court of Chancery seeks an injunction barring correction officials from using the spray until leaders enforce rules the lawsuit says require staff to decontaminate prisoners after they are targeted.

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In interviews, state prisoners have frequently described officers’ use of so-called OC spray, a more concentrated form of pepper spray only available to law enforcement, as cruel. Prisoners say the spray is deployed unnecessarily, recklessly, frequently and causes intense burning on the skin and through the respiratory system.

“Imagine taking a glass bottle, smashing it up and grinding it up and snorting that up your nose, then times that by 1,000,” said a former prisoner, William Davis, describing being sprayed during a previous interview about a similar use‑of‑force lawsuit involving Sussex Correctional Institution. “I felt it burn for days.” 

Records obtained through a Freedom of Information Act request show OC spray — short for oleoresin capsicum — is used hundreds of times a year and is a frequent issue in Delaware prison lawsuits. The new ACLU lawsuit seeks class-action status on behalf of all Delaware prisoners and focuses on what happens after someone is sprayed.

The lawsuit claims officers routinely ignore training, policy and clear health risks by failing to properly flush and clean people after using OC spray. It argues the practice violates Delaware’s constitutional ban on “cruel” punishment.

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Prisoners allege they were sprayed while handcuffed, naked or already subdued, including one who said officers sprayed him through his cell door while he was locked inside, and another who said he was forced during a strip search to touch his genitals and then his mouth after being sprayed.

In each of these episodes, the lawsuit states that prisoners were not properly decontaminated, some were left unattended, returned to a contaminated cell, left in clothes drenched in spray and some were not allowed to shower for a day or more after.

“Refusing to decontaminate prisoners is cruel because it subjects them to hours of needless suffering. Prolonged exposure is also potentially deadly,” the lawsuit states.

Delaware Department of Correction officials did not respond to requests for comment.

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The allegations of the lawsuit are built partially on declarations from eight named plaintiffs in Delaware prisons. Additionally, it leans on video and deposition evidence from two other excessive force cases the ACLU is litigating on behalf of Delaware prisoners.

In those other cases, several officers have testified in depositions that they had not decontaminated individuals they sprayed and were unaware if others had, the new lawsuit states.

The lawsuit also cites Department of Correction training materials turned over in other lawsuits. Policy and training documents outline that OC spray is only to be used when no reasonable alternative is available, not as retaliation or punishment and in short bursts from a safe distance.

A training presentation describes the health risks of OC spray and says sprayed individuals should be moved to fresh air, assessed for medical conditions and repeatedly flushed and wiped to decontaminate them.

It notes that people who have been sprayed must be monitored. It underscores these instructions with a red skull and crossbones.

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Other litigation: New lawsuit claims excessive force used by Delaware officers during September prison raids

In interviews, prisoners have reported that officers would “empty the can” in long bursts directed closely at their face. The named plaintiffs in the new lawsuit include asthmatic individuals who said they were denied their inhaler after being sprayed.

Besides pain, OC spray can cause difficulty breathing, gagging, heart distress and blindness. It can also induce a feeling of suffocation and helplessness, according to a department training presentation. Failure to decontaminate can cause blindness, respiratory failure and skin conditions, the lawsuit states.

If sprayed too close, the OC molecules can cause what’s known as “hydraulic needling of the eyes” where the spray causes lacerations, the complaint states, noting that multiple prisoners in other states have died after being sprayed.

The lawsuit also claims that officers deploy OC spray in numerous ways, which include a grenade, fogger, spray, muzzle blast rounds, as well as pepper balls fired from a weapon similar to a paintball gun.

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One of the named plaintiffs was shot numerous times by a pepper ball gun, rupturing the globe of his right eye. A separate lawsuit filed on behalf of that prisoner was dismissed because he didn’t address written complaints about the episode through prescribed channels inside the prison.

Rather than seeking damages for federal constitutional violations, the lawsuit asks only for an injunction forcing changes to decontamination practices. And instead of following the typical federal-court path for prisoner-rights cases, it was filed in Delaware’s Court of Chancery — the state’s business court, where cases tend to move more quickly.

It names Department of Correction Commissioner Terra Taylor as its lone defendant, claiming that the department has knowingly failed to follow its own policy regarding the spray’s use.

It also cites a deposition given by Taylor in other litigation in which she states there is no specific process for decontaminating those targeted with OC, that she hasn’t taken any steps to require officers to do so, and that she doesn’t believe there is an obligation to do so.

Contact Xerxes Wilson at (302) 324-2787 or xwilson@delawareonline.com.

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