Fresh Delaware, the only marijuana dispensary in Milford, reached out to the State Marijuana Commission in late 2025, asking for assistance. The dispensary, which currently sells medical marijuana, alleges they were grandfathered to sell recreational marijuana before city council issued a ban on the sales in January of this year.
“Before the ordinance was even discussed for the very first time, we received a proper zoning letter from the city of Milford that verifies our existing medical marijuana dispensary is in the proper zoning for adult-use retail sales,” Kristopher Kiely, Chief Executive Officer, said during a public comment session at council in June. “That letter was attached to the conversion license application and submitted to the Office of the Marijuana Commissioner for approval.”
According to Kiely, the company applied for a conversion license with the state that would allow them to add recreational sales. When Fresh Delaware applied, they had to submit a letter from the city that stated they were zoned properly for recreational marijuana. At the time, there was no ban on any sales in the city, and the letter correctly stated it was zoned properly. However, in the email with the letter, City Planner Rob Pierce warned that the city could change the regulations in the future. Because the letter stated Fresh Delaware was zoned properly, the state issued them the license on October 14, 2024.
“During the meeting where the ban was put in place, I heard one of the council members say that we can continue operating the medical dispensary here in Milford and just open up an adult-use dispensary somewhere else,” Kiely said. “I am here to clarify that is not possible under state law. We were issued a conversion license to our single dispensary here in Milford at our specific address. We cannot split it up into two locations.”
The license fee cost Fresh Delaware $100,000 which could be spread out over the course of a year. Fresh Delaware had paid a portion of the fee when they were notified the city was considering a ban on recreational marijuana sales. At that point, the window had closed for applications and Fresh Delaware could not reapply at another location.
“The last thing I want to do is get in a legal battle with the municipality where I operate my business,” but the legal system was put in place to protect individuals and small businesses like us in this very type of situation,” Justin Weisser, owner of the Milford location, said. “Our last resort is to look to the courts for relief, and we are prepared to do that if the city is unwilling to agree we are grandfathered in. I don’t want to put any pressure, but adult-use sales are going to be launching in the next few months, and we cannot afford to sit back and do nothing.”
Fresh Delaware did exactly that in July 2025, filing a civil suit in the Court of Chancery. A judge dismissed the case citing lack of jurisdiction. However, the dismissal allowed Fresh Delaware to transfer the case to Superior Court. At this time, Fresh Delaware has not done that but instead reached out the Office of Marijuana Control. The office told the company they would look into it, but there have been no changes to the regulations in Milford, and it does not appear any are forthcoming.
Two council members, Councilwomen Katrina Wilson and Nadia Zychal voted against an outright ban of sales.
“Most of them that I spoke with, there were some yea’s and there were some no’s, but a majority of them wanted it to become. Legal or become recreational,” Wilson stated when she voted against the measure. “They want to go into a store and buy a clean product.”
When voting for the complete ban, Councilman Michael Stewart also cited conversations with his constituents.
“I talked to a lot of constituents in my ward and it was a close decision,” Stewart said. “But the majority don’t want it, so I am voting yes.”
Councilman and Vice-Mayor Jason James cited concerns with traffic and policing with his no vote.
