Tag: marijuana law Delaware

Delaware Legalizes the Sale and Use of Recreational Marijuana May 12, 2023 As the popularity of marijuana use continues to rise, Delaware has joined the list of states legalizing recreational marijuana. This announcement comes after the state's governor, Governor Carney, declined to veto two bills that would have legalized such use. This refusal allowed both bills to become law that would become effective immediately. As such, individuals ages 21 and older may possess and use up to one ounce of marijuana. The bills also imposed a sales tax operating similarly to taxes for alcohol. This change in legal usage is likely to affect many workplaces, though employers remain able to maintain drug-free workplaces without significant change. This passage proved somewhat of a surprise due to the Governor's long-standing opposition to legalizing recreational marijuana. However, the Governor abruptly announced he would let the bills pass without a signature. This decision came with less than 48 hours remaining before a decision became legally required. These bills are House Bill 1 and House Bill 2, respectively. Now that they have gone into effect, recreational usage has become legal. However, sales will likely wait another 19 months from the bill's effective date because the state authorities must issue retailer licenses first. Within the next 90 days, the state will begin establishing the regulatory tools necessary for carrying this out. Though recreational use is now fully legalized, employers should consider a passage in § 1305, House Bill 2. It explicitly provides that: "Nothing in this chapter 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 clarification means Delaware employers can prohibit the use of marijuana during working hours, test for use, and take disciplinary measures to enforce workplace policies when appropriate. However, employers must maintain vigilance and stay mindful of medical marijuana use. Medical use remains protected by state law, which these bills do not change. Under the Delaware Medical Marijuana Act, employers cannot discriminate against an applicant or employee for their status as a medical marijuana holder. This ban applies in hiring, termination, or any term or condition of employment, based on their status or a positive test unless the individual used, possessed, or proved impaired during working hours or on the employer's premises. With this change in law, Delaware has joined a growing number of states that have legalized the recreational usage of marijuana. As a result, employers should take the time to review their drug and alcohol policies to ensure they are compliant with all local, state, and federal laws. Keep your business up to date on new laws and regulations with Pre-employ’s free news resources. Contact a sales rep today. Source

Tag: marijuana law Delaware

Delaware Legalizes the Sale and Use of Recreational Marijuana

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