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. Note that employers are not required to accommodate the use of medical marijuana at work and do not have to allow employees to use it while at work.
For workers comp discount see detailed requirement of the Workplace Safety Program.