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Drugs, Alcohol and Smoking: Delaware

Drugs, Alcohol and Smoking requirements for other states

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

Author: Brightmine Editorial Team


  • 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.