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.
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.