Drugs, Alcohol and Smoking: Delaware

Federal law and guidance on this subject should be reviewed together with this section.

Author: Brightmine Editorial Team

Summary

• Delaware employers may implement drug-free workplace policies. See Drugs and Alcohol.
• The use of recreational marijuana is legal in Delaware, and the Delaware Medical Marijuana Act permits registered patients with a debilitating medical condition to use marijuana for medicinal purposes. See Marijuana.
• Employers may implement and enforce policies that prohibit the use, sale, possession, distribution, purchase and cultivation of drugs and alcohol in the workplace. See Drug and Alcohol Policies.
• Employers in Delaware are not prohibited from conducting drug and alcohol testing of employees or job applicants. See Drug and Alcohol Testing.
• Delaware's Clean Indoor Air Act prohibits smoking (including electronic smoking devices) in most workplaces. See Smoking.
• Signs must be prominently posted and properly maintained wherever smoking is allowed. See Postings.
• Employers are not required to have a smoking policy, but may implement one that prohibits smoking in the workplace. See Smoking Policies.