Workplace Drug Testing Laws in Delaware

There are no workplace drug testing laws in Delaware to enforce or regulate drug-free workplace policies. However, some industries are an exception. Home healthcare workers, school bus drivers, and nursing home employees must be drug tested. Applicants and employees in security-sensitive positions must submit to drug testing as well.

Employers in Delaware must become familiar with state and federal drug testing laws, may develop their own workplace drug testing policies.

To register for a drug test, simply sign up using the button below. To register via phone, or if you have any questions, we can be reached at (888) 378-2499.

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Delaware Drug Testing Compliance

Delaware Drug Testing Laws Without Restrictions

Drug Test Issue Remarks
Recreational Marijuana Recreational marijuana is legal in Delaware. However, these laws do not provide protections for employees' off-duty marijuana use in terms of employment. Employers in Delaware can still take adverse actions against employees or job applicants based on the presence of marijuana detected through drug screenings.
Instant or POCT Testing There are no specifications on instant or POCT testing in Delaware.
Random Testing
Delaware's drug-testing legislation does not regulate or prohibit random drug testing.
Safety-sensitive positions, however, must submit to random testing.
Specimens Tested Delaware drug testing legislation does not specify the specimens that can be tested.
Substances Screened There are no employee drug testing laws in Delaware that specify which substances to screen.
Laboratories Delaware drug testing compliance does not specify the use of certified laboratories for drug testing but it is always recommended.
Testing for Alcohol
Testing for alcohol is permitted in Delaware.
Employment drug screening laws in Delaware do not specify any restrictions on alcohol testing.

Conditional Delaware Drug Testing Laws

Drug Test Issue Remarks
Medical Marijuana
Although employers are not restricted from drug testing, the Medical Marijuana Act states that employers may not discriminate against employees or applicants that are licensed in Delaware as medical marijuana patients.
Employers may not terminate or refuse to hire based on an employee or applicant being licensed as a medical marijuana patient alone.
There are limitations for medical marijuana users (§ 4904A). Medical marijuana must not be used in transportation, on school grounds, correctional facilities, healthcare facilities, on a school bus, or any public place.
Workers Comp
The denial or reduction of worker's compensation benefits is allowed by employers if the employee was under the influence of drugs or alcohol at the time of the accident or injury.
It's the employer's responsibility to submit proof that the worker's injury was caused by intoxication.

Frequently Asked Questions

What does the state of Delaware drug test for?

Employment drug screening laws in Delaware do not specify which drugs employers can and cannot test for. Safety-sensitive positions, however, require drug testing. For these industries, the drugs screened include marijuana, cocaine, opiates, amphetamines, phencyclidine (PCP), and any other illegal substance specified by the department.

Other Services We Provide in Delaware

If you're looking for drug testing information related to a specific city in the state of Delaware, try taking a look at our Delaware clinic locations page. From there, you can select your city's drug testing or DNA testing page to learn more.

We also offer Delaware Background Checks. For more information, visit our Delaware background check page.

This Information Is Not Intended for Legal Purposes

The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Please seek the advice of a legal expert regarding legal advice for drug testing laws in your state.


"Delaware Alcohol and Drugs: What you need to know." BLR,
"Title 16: Health and Safety – Regulatory Provisions Concerning Public Health – Chapter 11. Long-Term Care Facilities and Services – Subchapter V. Criminal Background Checks; Drug Testing – Home-Care Agencies § 1145. § 1146., The Delaware Code Online,
"Chapter 270 (Formerly House Bill No. 190, as Amended by Senate Amendment No. 1 – Drug Testing of Employees of the Department of Services for Children, Youth and Their Families, Delaware General Assembly,
"Title 16: Health and Safety – Food and Drugs – Chapter 49A. The Delaware Medical Marijuana Act. §4901A-4928A." The Delaware Code Online,
"Title 19: Labor – Workers' Compensation – Chapter 23. Workers' Compensation – Subchapter III. Determination and Payment of Benefits; Procedure, § 2341-2365." The Delaware Code Online,
Bjorklund, J., Holle, D., & Lahr, A. (2023, May 9). Delaware legalized marijuana: Info for employers. GovDocs.