Delaware

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Workplace Drug Testing Issues – Delaware State Laws

These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

January 2019 – state court has held that a medical marijuana user may proceed with a lawsuit against his former employer after his employment was terminated due to a positive drug test result for marijuana. Decision relied on Connecticut and Rhode Island cases where courts held that there was no conflict between the federal Controlled Substances Act and the state medical marijuana laws at issue. 

Workplace Drug Testing Laws in Delaware

Drug Testing IssueStatusComments
Instant or POCT TestingPermittedNon negative screens must be confirmed by a laboratory.
Drug PanelsNo restrictions
LaboratoryCertification requiredMust be SAMHSA certified or CAP approved
Medical Review OfficerNot RequiredHighly recommended
Random TestingNo Restrictions
Post-AccidentNo Restrictions
Reasonable SuspicionNo Restrictions
Oral FluidsPermitted
Hair TestingPermitted
Unemployment DenialYes
Workers Comp DiscountNo
Intoxication DefenseYesWorkers' Compensation intoxication defense to a claim exists but there is no rebuttable presumption.rn
Medical MarijuanaYesNo provision for an employer to allow the ingestion of marijuana in any workplace or to allow any employee to work while under the influence of marijuana. A positive result does not automatically mean an employee is under the influence at work.
Recreational MarijuanaNo
Report Driver DOT PositivesNo
General StatuteDelaware has no state statutes, regulations, or known court decisions that would limit your choices for implementing a drug or alcohol testing program or any aspect of it. Testing is the employer's choice.

Medical Marijuana - 4470 State of Delaware Medical Marijuana Code

Intoxication Defense – Denial of Workers Compensation Claim – Title 19, Chapter 23, Workers Compensation -  § 2353 Forfeiture or suspension of right to compensation.

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.

Delaware State Law