DOVER, Del. (May 11, 2023) —With the implementation of the new Marijuana and Alcohol-Free Workplace Policy, the use of marijuana in all its forms is prohibited in all state-owned, operated and leased buildings, along with the previously prohibited use of alcohol and other controlled substances.

The new policy, effective May 3, 2023, demonstrates the state’s ongoing commitment to maintaining a workplace free of substance use and misuse.

The Department of Human Resources (DHR) implemented the new policy in response to the enactment of:

• House Bill 1, which maintains that consuming marijuana in an area accessible to the public or in a moving vehicle remains unlawful, and
• House Bill 2, which expressly allows an employer who occupies, owns, or controls a property to prohibit or otherwise regulate the possession, consumption, use, display, transfer, distribution, sale, transportation, or growing of marijuana on or in that property.

The state’s Marijuana and Alcohol-Free Workplace Policy requires all executive branch employees to acknowledge and adhere to the policy. The policy allows state agencies to issue supplemental, more restrictive alcohol and drug-free policies to comply with federal and state laws. The policy explicitly states that violations, including the use of, or impairment by, alcohol, marijuana, or other controlled substances in the workplace, will not be tolerated, and that state employees who violate the policy may face disciplinary action or dismissal.

“State policies make it very clear that state employees and visitors to state buildings may not use marijuana in any form, smoke cigarettes, or be under the influence of alcohol or any other dangerous drugs in or around state facilities,” said DHR Secretary Claire DeMatteis. “We want to be very clear that such behavior will not be tolerated.”

To inform employees of the new policy, the State of Delaware has outlined the following notification and training guidelines:

• Current employees were notified on May 10^th to read and acknowledge the policy through the Delaware Learning Center, which is the state’s established online learning platform.
• Newly hired employees will receive the policy upon hire and must acknowledge it within 30 days.
• Executive branch agencies must post a copy of this policy in a conspicuous workplace location, including links on relevant websites.
• Employees must attend required training as assigned.

With this policy effective for the 16 state executive branch agencies, non-executive branch agencies are encouraged to adopt and administer the policy to maintain consistency across state government.

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