Effective 04/23/2023 Delaware has become the 22nd state to legalize recreational marijuana. While Governor John Carney chose not to sign the House Bill 1 or House Bill 2, they did become law without his signature.
House Bill 1 allows those age 21 and older to purchase, use or possess up to one ounce of marijuana; however, growing marijuana or consuming it in public is not allowed. House Bill 2 regulates the sale of marijuana, and the state is still working on regulations regarding marijuana sales. It will be at least 16-19 months before it can be purchased in the state.
Employers will still be allowed to have a zero-tolerance policy related to marijuana. Employers will be allowed to test for marijuana, prohibit it on company property, and may take disciplinary action for positive test results. But keep in mind that medical card holders are still protected under the law, and employers may not discriminate against registered users unless the patient used, possessed or was impaired by marijuana on the premises of the place of employment or during his hours of employment.
For more information on Medical or Recreational Marijuana, and whether they affect your state, visit our resource guide at the Hire Image Resource Library.