Questions remain after Rehoboth Beach marijuana ban

First published on Thursday, Aug. 23, 2024 in the Washington Blade.

Want to light up in Rehoboth Beach, Del.? If you want to smoke a joint, you’re out of luck.
Rehoboth Beach’s mayor and Board of Commissioners voted last week to ban the smoking of cannabis on public property within the city’s 1.6-square-mile limits – despite the possession of cannabis being legal in Delaware. One commissioner, Tim Bennett, abstained, while all others voted for the ban. The city took advantage of a provision that allows local governments to ban its sale.

The mayor and commissioners cited cannabis’ health benefits as the primary reason, noting that the Food and Drug Administration has only approved cannabis-derived medications for rare seizures and researchers’ warnings that cannabis use or exposure can harm adolescents’ brain development, harming their memory, learning coordination, reaction time, and judgement. Commissioner Jay Lagree added a comment from a resident as further proof: A mall in Williamsburg, she said, had turned into a no-go zone for her after a cannabis store set up shop. Now, it’s filled with “unsavory” people, Lagree summarized.

After banning smoking marijuana in public places, the Rehoboth Beach Board of Commissioners and mayor Stan Mills went ahead with a ban on recreational cannabis sales in Rehoboth. Dewey Beach and Ocean City have already banned recreational cannabis stores, the mayor pointed out, so it is important to follow suit.

“I would not want them to be able to say, ‘Oh just go a quarter mile north to Rehoboth Beach and they’ll take care of your needs,’” he said.

“Raise parking to $10 an hour,” Bennett, the commissioner, joked.

“Outside the dispensaries,” Mills said and laughed.

A cannabis business manager couldn’t convince the officials otherwise. Columbia Care General Manager Laurie Golem said that the business has served 15,000 patients up and down Delaware and provides 100 jobs for Delawareans.

She also claimed three quarters of consumers buy cannabis to improve their health, treating disorders like insomnia and anxiety and providing pain relief. The Blade was unable to find that study, but a study commissioned by cannabis retailer Curaleaf found that around half of all adults polled had used cannabis before. Of those that had used cannabis before, it reported, more than 90% would consider using it for wellness and health. The study polled 2,000 Americans, though it is not clear how respondents were selected. It did not respond to the Blade’s questions.

But can the city enforce the ban on smoking weed? When a resident asked that question at a July meeting, he did not get a direct answer. Commissioner Toni Sharp noted that the city already has enforcement issues, but the new city manager was stepping up to the plate to fix it.

Commissioner Sharp signaled tepid opposition to the bill, saying she didn’t want to pass any legislation that burdened a police department missing half of its cadets, four dispatchers, and three full-time officers.

“I believe we have our hands full here in Rehoboth with issues that we would like to improve and we may steer clear of this,” she said.

Still, about a month later, she voted to pass the ban on smoking weed in public places. After publication, the city told the Blade that it had arrested or cited 159 people for cannabis possession since January 2021. It did not provide statistics on the number of people written up for smoking cannabis or tobacco on public property.

Adding to the challenge of enforcing the city code might be the Delaware Supreme Court’s 2021 decision in Juliano v. State that the smell of cannabis is not sufficient cause to arrest a person on suspicion of violating the law. Whether this applies to this situation isn’t clear, though, because police are already banned from arresting people for civil violations like smoking weed in a no-smoking area. Rehoboth’s police department first told the Blade through a city spokesperson that it was unfamiliar with the case and the city’s police chief did not respond to the Blade’s call. After publication, Lt. Jaime Riddle said in a statement that the case doesn’t apply because the case only applies to arrests, not stops.

“The odor of marijuana coming from a person who is smoking it, remains probable cause to conduct a stop as it remains illegal to smoke marijuana in public,” Riddle wrote.

People who violate smoking bans are charged $25 under current city laws, but if they challenge their conviction in court and lose, they are on the hook for $75 – the city tacks on another $50 for court fees. The city could even seek further punishment for the person, city law states.

The sale of alcohol and tobacco, though, remain legal despite mounds of evidence about their harm, including risks of cancer, heart disease, and more. When Commissioner Tim Bennet rhetorically asked whether the town would ban alcohol and tobacco stores (it can’t), Lagree joked that the city “would love to, but it’s probably not going to happen.”

The ban on cannabis has happened, though. Rehoboth officials weren’t swayed by cannabis activist Zoë Patchell, who said the ban would at best starve the city of much-needed tax money, or at worst shove demand underground.

“Banning legal licensed regulated cannabis businesses within town limits will make it less safe for both communities and consumers and shuts the door on economic agricultural and small business development, ensuring that those opportunities remain in the hands of the illicit market,” the registered lobbyist told the commissioners and mayor.

The law does allow Rehoboth’s handful of CBD shops to do business, so the ban won’t force any businesses to close. Still, the law passed with little fanfare. Not even Patchell’s group, the Delaware Cannabis Advocacy Network, posted anything on social media. The commission went on with its daily business instead.

“Thank you all for being here and speaking up,” Mills, the mayor, said. “With that we’re going to move on to the third item of old business.”