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Drug-Free Workplace Policy and Program Template

Delaware Drug Testing Laws and Regulations

State: Delaware
Statute of Order: Del. Code Ann. Tit. 21 §2708
Covered Employers: Public and private schools and entities that furnish transportation services to schools; Department of Corrections.
Applicant Testing: Testing required to certify school bus drivers. Testing also required for security-sensitive positions with Department of Corrections.
Employee Testing: Employee testing is not subject to restriction.
Conditions & Methods: Further analysis in case of positive findings.
Important Bulletpoints:
  • State specified job industries where drug testing are compulsory include home healthcare practitioners, staff for nursing homes, school bus drivers and aids, those involved in harness racing and employees of the Department of Corrections.
  • Delaware employers are required by law to pay for all expenses for required employment related medical examinations. Drug testing is presumed to be categorized as a medical examination however there have been no court precedents that have made a decision on this matter.
  • Employers of nursing homes who fail to comply with the mandatory drug or intoxication screening requirements may be liable to pay State mandated fines.
  • Employees who are tested positive or refuse to be tested for controlled substance use or intoxication may be regarded as ineligible to receive workers’ compensation benefits as well as unemployment benefits. For such purposes, employers must have a written policy on maintaining a drug-free workplace program.
  • Apart from those enumerated above, no other legal restrictions or rules exists in Delaware insofar as testing for substance abuse for employment purposes are concerned and as such it may be considered an “open” State.
  • Medical Marijuana Law: Title 16 Chapter 49A Delaware Code (2011)
    Applicability: Law applies to physician, patient and caregiver 21 years or older.
    Quantity Allowed: Patients 18 years or older may possess 6oz. of Marijuana
    How Obtained: Growing not permitted at home. State Regulated Non-Profit Distribution System by Compassion Centers
    Liability Protections: Physicians: protected when recommending Marijuana for medical use. Patient: no arrest for possession of Medical Marijuana if they have a valid I.D. card. Caregivers, visiting patients under certain conditions and compassion centers and their employees protected. Discrimination prohibited by school, landlord or employer, with limited exceptions.
    Statutory Requirements for Authorized Use: Identification card required, copy of physician state required. Identification cards issued by State Department of Human Services.
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    Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Confirm Biosciences Inc. DBA TestCountry.


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