Delaware State Drug Testing 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.

 Delaware is a drug testing friendly state with few requirements or restrictions except in certain industries.

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.

Drug Testing IssueStatusComments
Instant or POCT Testing PermittedNon 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 TestingPossible RestrictionsAll safety, security sensitive and child care employees shall be subject to random testing for illegal use of the drugs
Post-Accident No Restrictions
Reasonable SuspicionNo Restrictions
Oral FluidsPermitted
Hair TestingPermitted
Unemployment DenialYes
Workers Comp DiscountYesDetailed requirements of the Workplace Safety Program
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 MarijuanaYesHB1 - April 23, 2023
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 employer's choice.

Medical Marijuana – 4470 State of Delaware Medical Marijuana Code

Recreational Marijuana become legal April 23, 2023 – Delawareans are now allowed to smoke joints, eat gummies and consume weed as they wish in private. Employers are still allowed to have a zero-tolerance policy.  It will be at least 16 months before recreational marijuana will be available for purchase.

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


Drug Testing in Delaware

Testing locations are available in all areas. For immediate service for employers or individuals call 866-843-4545 or Order Now.

Marijuana Laws for Delaware

Marijuana considerations are important and marijuana laws often update often, check out Marijuana in the Workplace.