Delaware Drug Laws
We are going to explore two aspects of Delaware drug laws and the information necessary to learn how to pass a drug test in Delaware.
Learning The Basics Of Delaware Drug Laws.
First, we are not attorneys and can not provide specific advice on the Delaware Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local Delaware drug laws.
Second, for those of you who are concerned with those Delaware Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in Delaware.
There Are Four Major Drug Tests Given In Delaware.
Each drug test has its own specific strengths you must avoid and weakness in which one can take advantage. What you learn here could make the difference between failing and passing a drug test in Delaware.
Delaware Law Doesn’t Restrict An Employer’s Right To Drug Test Employees Or Applicants.
Delaware is one of a handful of states that places no restrictions on drug testing in private employment. However, even though state law doesn’t prohibit drug testing of employees or applicants, an employer might violate the law in the way it conducts a test or chooses the employees to test. For example:
- Disability discrimination. An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA). Some prescribed medications turn up on drug tests, and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions. If an applicant is turned down because of a positive drug test, and the applicant’s medication was legally prescribed for a disability, the company could be liable.
- Other discrimination claims. An employer who singles out certain groups of employees – for example, by race, age, or gender –for drug testing could face a discrimination claim.
To find out whether you have grounds to challenge a drug test, talk to an experienced Delaware employment lawyer.
Breakdown Of Delaware Drug Laws.
|Statute of Order:||Del. Code Ann. Tit. 21 §2708|
|Covered Employers:||Public and private schools and entities that furnish transportation services to schools; Department of Corrections.|
|Applicant Testing:||Testing required to certify school bus drivers. Testing also required for security-sensitive positions with Department of Corrections.|
|Employee Testing:||Employee testing is not subject to restriction.|
|Conditions & Methods:||Further analysis in case of positive findings.|
|Testing Bullet Points:||
The Delaware Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in Delaware Are For Breaking Delaware Drug Laws For Marijuana, Not Federal Or Local Laws.
Delaware drug laws have their own specific strengths you must avoid and weakness in which one can take advantage when it comes to marijuana. The same is true of the Federal Laws concerning marijuana.
Marijuana is the third most popular recreational drug in Delaware behind only alcohol and tobacco. Marijuana has been used by nearly 100 million Americans at one time or another with an equal cross-section of people in Delaware using marijuana. According to the federal government, some 25 million Americans have smoked marijuana in the past year and more than 14 million do so regularly despite harsh laws against its use. Delaware is no exception in its implementation of marijuana law.
Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer, valid detection for marijuana requires drug testing. This is time-consuming, complicated and the drug tests for marijuana cannot determine an approximate degree of impairment. The detection of marijuana is also complicated by the various types of drug testing available and the types of myths, half-truths and rumors that surround marijuana drug testing.
Overview Of Delaware Drug Test Laws.
- A General Background – The state of Delaware is considered as a hybrid state. Over here, the employers are supposed to test certain category of workers. A perfect example of a job profile wherein drug testing is a perquisite is the home healthcare department.
- The Limitations Involved – Employers have certain limitations when they opt for drug testing laws. Delaware is an open state wherein there are no rules whatsoever which limit the testing of drugs to the workplace. Hence, tests can be carried out anyplace, with special regards to state recognized labs.
- Policy Restrictions – The state does not ask for a written policy. However, there are certain test industries wherein a written police is required. Likewise, in the case of worker’s employment and unemployment purposes, the employers must have a valid written policy in place.
- Notices And Costs – In the state of Delaware, there is requirement of a prior notice. Likewise, the overall costs of these medical exams are to be born by the employer. It should also be kept in mind that a drug test has not been determined as a medical test by the court of law.
- The Consequences – According to the state law, there are no limits set on drug testing. It is therefore up to the employers to set certain standards and proceed accordingly. If the employers find that their employees have crossed the permissible limit, they are free to take action.
- Who All Can Be Tested – Although there is no mandate on the tests, certain industry workers need to be tested on a regular basis. These include home healthcare services, nursing home, department of corrections, school bus drivers/aids and harnessing racing. There are also no specified areas of testing and hence lots of products are therefore covered in the tests.
- When To Carry Out The Test And How – There is no time limit pertaining to the drug tests and employers may carry out the tests as and when required. Likewise, the tests can be performed at any place. They should preferably be performed at recognized labs.
- Fines In Case Of Failure – Certain high risk jobs such as commercial drivers and construction workers need drug testing. Certain other professions such as home healthcare workers, department of correction employees and harness racing workers need to undergo these tests or else they can be fined.
- The Compensation Benefit – Workers who fail the drug tests are considered guilty. They are also termed intoxicated and this in turn may effect their earning capacity, with special regards to the workers compensation and unemployment benefits. Hence, such employees need to take their tests with utmost care.
- A Word Of Caution – Although the state of Delaware is often regarded as an open state, there are certain rules which need to be adhered to by both the employers as well as the employees. These rules have been listed above and they need to be read with utmost care.