So Rep Keeley ! How will H.B. #39 impact employer’s right to randomly test for drugs (marijuana) and pre-employment screening ?

Delaware marijuana decriminalization introduced Jonathan Starkey, The News Journal

Delawareans caught with an ounce or less of marijuana would face just civil fines, not a criminal record, under decriminalization legislation introduced Thursday by a Wilmington lawmaker in the state House of Representatives.

Rep. Helene Keeley, the south Wilmington Democrat, said state residents should not have trouble getting a job, or finding financial aid for college, simply because they were busted with a small amount of pot.

The legislation, House Bill 39, would treat simple possession of the drug, and private use, like a traffic ticket. Selling the drug, and also possessing marijuana with an intent to sell, would remain criminal offenses.

“There’s definitely a generational shift going on here,” Keeley said in a Thursday interview.

I get and understand the merits of this law but what happens to pre-employment drug screening and zero tolerance random drug testing? Will potential employers get sued for not hiring or firing an employees with “trace” amounts of marijuana? Were are the guidance for employers if this law were to be enacted? 

4 responses to “So Rep Keeley ! How will H.B. #39 impact employer’s right to randomly test for drugs (marijuana) and pre-employment screening ?

  1. lastDEconservative

    Will potential employers get sued for not hiring or firing an employees with “trace” amounts of marijuana? Were are the guidance for employers if this law were to be enacted? ”

    Dollars to donuts the intelligentsia hasn’t thought of this, let alone solved it. But no matter, this will end up being the same as every new thing accomplished by the zealous elected; one added law will beget another and another, ad infinitum, as unintended and unimagined consequences manifest and must be fixed, which is how this wrongheaded business got started in the first place. Seriously, possessing it is fine, unless it is to sell it, which is illegal … Who but the wise elected could even imagine setting up this monumental of a pending failure, using tortured language such as this.

    It’s only a matter of time before the state becomes the dealer of record, as the burdens of (the taker’s) spending unnecessarily grow, the workforce (makers) dwindles, and more turn to stupor as a survival mechanism. Cynical? You betcha! I’m betting on state run prostitution by 2020.


  2. Joanne Christian

    Kilroy, posession will now be legal. So think of it as if your doctor gave you a prescription for a narcotic cough syrup for that lingering cough after getting over bronchitis. . That’s legal. But if your work says you can’t work while taking that kind of prescription, or the state says you can’t drive while under the influence, then guess what???? Think of the dope as a case of beer. Sure you can have it–but you don’t have a beer at breakfast!

    Also, Colorado is in a tailspin about their new pot laws and HR criteria. Yup, it’s legal–but start-ups and expansions for many are on hold in other businesses because clients are not real sure they want to sign contracts with not yet figured out marijuana regulations in workplace, and employee settings when it comes to detection, discipline, and performance. It’s an HR nightmare right now–and new industry thinking about going there is waiting it out–or going elsewhere. Amnesty is great for vacationers–but the resident working crowd need other jobs too.


    • kilroysdelaware

      I am talking zero tolerance where even the small “trace” amount can exclude or get one fired! It would be like charging everyone with DUI for having trace amounts of alcohol. People aren’t high on trace amount of marijuana


    • lastDEconservative

      If high school students are mature enough to make their own clothing decisions, then surely their older siblings are wise enough to decide if and when to do some dope. Why should their bosses interfere? Just because they are older? Bare midriffs at 16, quick lunchtime hit at 23, what a great country.