Delaware's workplace drug testing regulations are primarily established under Delaware Code Title 19, §§ 711-720. While employers can maintain drug-free workplaces, they must also ensure fair and nondiscriminatory practices, especially in the context of medical marijuana users.
Marijuana in Delaware: Medical marijuana is legal and requires a prescription from a licensed physician. As of my last update in January 2022, recreational marijuana was not legal, but this may have changed. It is essential to check the latest state laws or news sources.
You can review the specific Delaware Code here.
Drug Testing IssueStatusComments Instant or POCT TestingYes, with cautionLaboratory confirmation is advisable. Drug PanelsNo RestrictionsBased on employer's policy. LaboratoryLicensing requirementsSAMHSA-certified labs are encouraged. Medical Review Officer (MRO)RecommendedEnsures accurate result interpretation. Random TestingRestrictionsMust be implemented fairly and consistently. Post-AccidentNo RestrictionsFollow a consistent and transparent policy. Reasonable SuspicionYesProper documentation and training is necessary. Oral FluidsNo RestrictionsAt employer's discretion. Hair TestingNo RestrictionsAt employer's discretion. Unemployment DenialYes, specific conditionsFor drug policy breaches. Workers Comp DiscountVariesConsult state guidelines. Intoxication DefenseYesDeny claims if intoxication is the primary cause. Medical MarijuanaPrescription RequiredProtects patients from employment discrimination. Recreational MarijuanaNoNot legal as of the latest update. Report Driver DOT PositivesYesMust comply with federal and state reporting requirements. General StatuteDelaware Code Title 19, §§ 711-720Adherence to this code is essential.
Please keep in mind: This summary is for general informational purposes. Always seek advice from a legal expert in Delaware or examine the state-specific legal resources for comprehensive and current details.