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Marijuana Considerations & Laws In Delaware

Medical Marijuana Law:

Recreational Marijuana Law:

No Broad Laws Legalizing Marijuana*:

*In these states, marijuana is either totally illegal, or there may be laws decriminalizing possession, or use of marijuana, or, the state may have a CBD law legalizing THC at a level constituting marijuana-derived CBD.


Employers have so many questions! Learn More About Workplace Considerations for Marijuana Use.

What are the impacting issues of marijuana use? Review Our Checklist of Impacting Issues to Research.


Read more employment specific information on:

Employer Concerns

  • Possessing or engaging in the medical use of marijuana is prohibited when (Delaware Code 16-49A-4901A (4)) “Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marijuana, except that a registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana.”
  • Unless in conflict with federal funding or contracts, an employer may not discriminate against an applicant or employee for being a registered medical marijuana patient or for a registered patient having a positive marijuana drug test.
  • An employer may discipline a qualifying medical marijuana patient for use at work or for working under the influence of marijuana.
  • Testing positive alone does not constitute grounds for not hiring, termination or discipline unless the patient used, possessed or was impaired by marijuana on premises or during hours of employment.

Testing

  • A positive test for marijuana will not constitute being “under the influence.”

Hiring/Termination

  • Testing positive alone does not constitute grounds for not hiring, termination or discipline unless the patient used, possessed or was impaired by marijuana on premises or during hours of employment.

Discipline

  • Testing positive alone does not constitute grounds for not hiring, termination or discipline unless the patient used, possessed or was impaired by marijuana on premises or during hours of employment.

Use/Possession

  • Smoking is permitted except for in any public place or form of transportation.

Other Impacting Laws (e.g. drug testing, workers’ compensation, unemployment)

  • An injury is non-compensable for workers’ compensation benefits if the injury is a result of the employee’s own intoxication, but the burden of proof shall be on the employer. 

Miscellaneous


Sources (e.g. Bill Number, Authority)

  • Delaware Code 16-49A-4901A – Medical marijuana
  • Delaware Code 19-23-2353 – Workers’ compensation related

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DISCLAIMER: This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.

CAUTION: Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).

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