Home › Workplace drug testing laws › Delaware

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.

Order a workplace drug test in Delaware: $40, 10-panel, at a Quest site. Lab and Medical Review Officer included, no account needed. Order a drug test · Background checks from $35 · 901-666-6970

Have a whole roster to keep current every month? DOT fleets: Pact's monthly DOT program, $25 a driver a month ($99 minimum), or $19 a month for an owner-operator. Nursing homes, hospice and home care: staff credential tracking, $10 a staff member a month ($250 minimum). First month free.

The state law

Testing applicants

Random testing

Marijuana (recreational)

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

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.

More for Delaware

Delaware background check laws · All states