Workplace Drug Testing Laws for Delaware

Under Delaware law, private employers have the right to implement their own drug-testing policy.

The state does no provide a guide or code that employers need to follow when creating its own testing policies, however, if an employer does want to implement a drug testing policy they should follow general standards.

Employers should also keep in mind that Medical Marijuana is legal in the state of Delaware, therefore should be conscious not to discriminate an individual based on a medical condition even though they might test positive for marijuana.

The Medical Marijuana statute provides protections for employees if an employer discriminates for holding a Medical marijuana card, However, there are exceptions to these protections.