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Delaware drug testing laws for employers
Delaware has no general drug testing law for private employers. Adult-use marijuana is legal, but the adult-use law leaves employer policies, discipline and testing alone. Registered medical marijuana patients are protected from action based only on their card or a positive test, unless they used, had or were impaired by marijuana at work.
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The state law
- We found no Delaware law that sets general drug testing rules for private employers (no statute found).
- The adult-use law says it does not change employer rules on accommodation, policies or discipline (4 Del. C. 1304).
Testing applicants
- You may not refuse to hire a registered medical marijuana patient because of their card or a positive marijuana test, unless they used, had or were impaired by marijuana at work or during work hours (16 Del. C. 4905A(a)(3)).
- We found no state law that limits applicant drug testing in general (no statute found).
Random testing
- We found no state law that limits random testing by private employers (no statute found).
Marijuana (recreational)
- Adults 21 and older may legally have a personal use amount of marijuana (16 Del. C. 4764A(b)).
- The adult-use law does not limit your terms of employment, accommodation, policies or discipline, so zero-tolerance policies for non-patients are allowed (4 Del. C. 1304).
- You may not discriminate against a person because they hold a medical marijuana card (16 Del. C. 4905A(a)(3)a).
- You may not act against a registered patient for a positive marijuana test unless they used, had or were impaired by marijuana on your premises or during work hours (16 Del. C. 4905A(a)(3)b).
- These patient protections do not apply if following them would make you lose a federal monetary or licensing benefit (16 Del. C. 4905A(a)(3)).
- You do not have to allow marijuana use at work or working while under the influence, and you may discipline for it (16 Del. C. 4907A(a)(3), (b)).
- A registered patient is not considered under the influence just because marijuana metabolites are present (16 Del. C. 4907A(a)(3)).
Common questions
Is drug testing legal for employers in Delaware?
Delaware has no general drug testing law for private employers. Adult-use marijuana is legal, but the adult-use law leaves employer policies, discipline and testing alone. Registered medical marijuana patients are protected from action based only on their card or a positive test, unless they used, had or were impaired by marijuana at work.
Can employers in Delaware test applicants before hiring?
You may not refuse to hire a registered medical marijuana patient because of their card or a positive marijuana test, unless they used, had or were impaired by marijuana at work or during work hours (16 Del. C. 4905A(a)(3)).
Is random drug testing allowed in Delaware?
We found no state law that limits random testing by private employers (no statute found).
Can a Delaware employer act on a positive marijuana test?
Adults 21 and older may legally have a personal use amount of marijuana (16 Del. C. 4764A(b)).
Some rules for Delaware weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- 16 Del. C. 4905A and 4907A (official Delaware Code)
- 4 Del. C. 1304, Delaware Marijuana Control Act (official Delaware Code)
- 16 Del. C. 4764A (official Delaware Code)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.