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.

Answered by: Andrew David Easler, Esq.
Published: 12/19/2022
Updated: 11/03/2023

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