Description: The Jackson Lewis Drug and Alcohol Testing Law Advisor will help you keep up with the latest developments in workplace drug and alcohol testing laws.
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Developments in Regulating Workplace Drug and Alcohol Testing
Delaware became the latest state to legalize recreational marijuana on April 23, 2023 when the state’s Governor failed to veto two bills that allow for the legalization of marijuana, effective immediately. Individuals who are 21 years of age and older may possess and use up to one ounce of marijuana. It will be taxed in a manner similar to alcohol.
The law provides that nothing in the law is “intended to impact or impose any requirement or restriction on employers with respect to terms and conditions of employment including but not limited to accommodation, policies or discipline.” This means that employers in Delaware do not have to permit marijuana use at work or during work time and still may drug test for marijuana and take disciplinary action for positive test results.
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