Workplace Drug Testing Laws For Delaware
Delaware's workplace drug testing regulations are primarily established under Delaware Code Title 19, §§ 711-720. While employers can maintain drug-free workplaces, they must also ensure fair and nondiscriminatory practices, especially in the context of medical marijuana users.
Marijuana in Delaware: Medical marijuana is legal and requires a prescription from a licensed physician. As of my last update in January 2022, recreational marijuana was not legal, but this may have changed. It is essential to check the latest state laws or news sources.
You can review the specific Delaware Code here.
| Drug Testing Issue | Status | Comments |
|---|---|---|
| Instant or POCT Testing | Yes, with caution | Laboratory confirmation is advisable. |
| Drug Panels | No Restrictions | Based on employer's policy. |
| Laboratory | Licensing requirements | SAMHSA-certified labs are encouraged. |
| Medical Review Officer (MRO) | Recommended | Ensures accurate result interpretation. |
| Random Testing | Restrictions | Must be implemented fairly and consistently. |
| Post-Accident | No Restrictions | Follow a consistent and transparent policy. |
| Reasonable Suspicion | Yes | Proper documentation and training is necessary. |
| Oral Fluids | No Restrictions | At employer's discretion. |
| Hair Testing | No Restrictions | At employer's discretion. |
| Unemployment Denial | Yes, specific conditions | For drug policy breaches. |
| Workers Comp Discount | Varies | Consult state guidelines. |
| Intoxication Defense | Yes | Deny claims if intoxication is the primary cause. |
| Medical Marijuana | Prescription Required | Protects patients from employment discrimination. |
| Recreational Marijuana | No | Not legal as of the latest update. |
| Report Driver DOT Positives | Yes | Must comply with federal and state reporting requirements. |
| General Statute | Delaware Code Title 19, §§ 711-720 | Adherence to this code is essential. |
Please keep in mind: This summary is for general informational purposes. Always seek advice from a legal expert in Delaware or examine the state-specific legal resources for comprehensive and current details.
- Answered by: Andrew David Easler, Esq.
- Published: 12/16/2022
- Updated: 11/02/2023
We are an education company, not a law firm. The information and content we provide is for general informational purposes only and does not constitute legal advice. We make no representations, warranties, or guarantees regarding the accuracy, completeness, or applicability of the content. It is important to always consult with a qualified attorney for specific legal counsel pertaining to your individual circumstances.
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