North Dakota Drug Testing Laws

North Dakota employers can conduct drug tests under the North Dakota Century Code (NDCC) Chapter 34-11.1, which governs testing by private employers. The law sets certain standards for drug and alcohol testing. For more details, refer to the statute, here.

Marijuana in North Dakota: Medical marijuana use is legal with a prescription. Recreational use remains illegal.

To stay updated on North Dakota's drug testing laws, it's recommended to visit the North Dakota Legislative Branch's official website.

Drug Testing Issue Status Comments
Instant or POCT Testing Permitted with conditions Confirmatory tests are required for positive results.
Drug Panels Not specified Depending on the employer's policy.
Laboratory SAMHSA-certified preferred Ensures accuracy and credibility.
Medical Review Officer (MRO) Recommended Validates the accuracy of the test results.
Random Testing Permitted with conditions Notice to employees required.
Post-Accident Permitted Depending on the employer's policy.
Reasonable Suspicion Permitted Observable evidence is necessary.
Oral Fluids Not specified Depending on the employer's policy.
Hair Testing Not specified Depending on the employer's policy.
Unemployment Denial Possible If termination is due to drug/alcohol violation.
Workers Comp Discount Not specified Depending on the employer's policy.
Intoxication Defense Permitted If intoxication directly leads to an accident.
Medical Marijuana Yes with prescription Permitted for medical use.
Recreational Marijuana No Illegal in North Dakota.
Report Driver DOT Positives Follow federal rules Adherence to federal DOT regulations is essential.
General Statute NDCC Chapter 34-11.1 Details in the Statute.

In North Dakota, while medical marijuana is permitted with a prescription, recreational use is illegal. Employers have a structured framework to adhere to when conducting drug tests, ensuring employee rights and workplace safety. SAMHSA-certified labs and the involvement of a Medical Review Officer (MRO) are advisable for fair practice.

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