Delaware allows both medical and recreational cannabis use. Employees in the state are protected against certain forms of employment discrimination related to cannabis use.
Legal Status: Medical and Recreational
Protections for Medicinal Users & Exceptions:
Employers cannot discriminate against employees or applicants based on their status as registered qualifying patients, unless impairment at work or loss of federal benefits is involved.
Protections for Recreational Users & Exceptions:
Delaware law does not provide specific protections for recreational cannabis users in employment.
Restrictions on Testing for Cannabis:
Employers have the authority to prohibit an employee from working while under the influence of cannabis.
Miscellaneous:
Delaware employers cannot discriminate against employees or applicants based on their cannabis use unless specific conditions are met. Employers can establish policies prohibiting cannabis use on their property.