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Delaware - STATE LAWS

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

Instant or POCT Testing

Permitted

Non negative screens must be confirmed by a laboratory.

Drug Panels

No restrictions

Laboratory

Certification required

Must be SAMHSA certified or CAP approved

Medical Review Officer

Not Required

Highly recommended

Random Testing

No Restrictions

Post-Accident

No Restrictions

Reasonable Suspicion

No Restrictions

Oral Fluids

Permitted

Hair Testing

Permitted

Unemployment Denial

Yes

Workers Comp Discount

No

Intoxication Defense

Yes

Workersu2019 Compensation intoxication defense to a claim exists but there is no rebuttable presumption.rn

Medical Marijuana

Yes

No 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 Marijuana

No

Report Driver DOT Positives

No

General Statute

Delaware 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 employeru2019s choice.

US State Laws

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