Effective July 1, 2011, Delaware's Medical Marijuana Act prohibits employers from discriminating against a person in hiring, termination, or any term or condition of employment, or otherwise penalizing a person, if the discrimination is based upon either:

  • The person's status as a cardholder (identifying the person as a registered qualifying patient who has been diagnosed by a physician as having a debilitating medical condition); or
  • A registered qualifying patient's positive drug test for marijuana components or metabolites, unless the patient used, possessed, or was impaired by marijuana on the premises of the place of employment or during the hours of employment.

Employers are not required to comply with these rules if doing so would cause an employer to lose a monetary or licensing-related benefit under federal law or regulations.

Click here to view the Delaware Medical Marijuana Act in its entirety. For more information on state laws specific to Delaware, visit the HR360 State Laws section, click on Delaware, and choose your topic of interest from the menu at left.

Topics: State Employment Laws

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