Delaware Drug Testing Law

Delaware is a drug testing friendly state with few requirements or restrictions except in certain industries. There exists a voluntary law in Delaware that is a workplace safety regulation – it contains drug and alcohol testing requirements that employers must comply with if they want to receive up to a 19% discount on their workers’ compensation insurance premiums, in addition to many other requirements outside of workplace drug and alcohol testing that employers must comply with. Consult the law carefully in its entirety. Note: This is only a summary and does not include specifics.

Law types(s)

Drug test cheating law, voluntary law, and workers’ compensation law.

Legal status of cannabis

Medical and recreational cannabis are permitted.

Legal status of instant/POCT/rapid testing

Not mentioned.

Permitted drug testing specimens

Testing can include (or may be limited to) urine testing.

Permitted testing circumstances

Pre-employment, reasonable suspicion, and post-accident testing are permitted.

Employers must comply with the entirety of the voluntary law to receive a discount on their workers’ compensation insurance premium. Employers must comply with the entirety of the drug test cheating law.

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This information is provided for educational use only and does not give full details on Delaware’s state drug testing laws . Employers wishing to drug test in Delaware should consult applicable laws in their entirety prior to creating a drug-free workplace program. Reader retains full responsibility for the use of the information contained herein.