Delaware Alcohol & Drugs: What you need to know

Delaware has no comprehensive law regulating or prohibiting drug testing. Delaware employers are therefore free to implement drug-testing programs at their own discretion. There is additional information on developing a program. Please see the national Alcohol and Drugs section.

Exceptions. Applicants for positions as school bus drivers (DE Code Tit. 14 Sec. 2910, Tit. 21 Sec. 2708), as well as applicants for positions in nursing home facilities (DE Code Tit. 16 Sec. 1142) and home health agencies (DE Code Tit. 16 Sec. 1145), must submit to drug testing. Applicants or employees applying for or holding "security sensitive positions" in the Department of Correction are also subject to mandatory drug testing (DE Code Tit. 29 Sec. 8920et seq.). Department of Education employees assigned to a Level 5 or Level 4 facility prison education program must undergo the same random drug-testing procedures as Department of Correction employees (DE Code Tit. 11 Sec. 6531A).

The state Medical Marijuana Act provides that a registered qualifying patient will not be subject to arrest, prosecution, or denial of any right or privilege by a court or occupational professional licensing board or bureau for the medical use of marijuana (DE Code Title 16 Sec. 4901Aet seq.). Protected individuals must possess a valid registry identification card. Registered qualifying patients may not possess more than 6 ounces of usable marijuana. An employer may not discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person, on the basis of the person's status as a cardholder or a registered qualifying patient's positive drug test for marijuana ...