North Dakota State Drug Testing Laws
Workplace Drug Testing Issues – North Dakota State Laws
North Dakota has no comprehensive law addressing drug testing in private employment.
These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Workplace Drug Testing Laws in North Dakota
| Drug Testing Issue |
Status |
Comments |
| Instant or POCT Testing |
No Restrictions |
|
| Drug Panels |
No Restrictions |
|
| Laboratory |
No Restrictions |
SAMHSA certified lab highly recommended |
| Medical Review Officer |
Not required |
Highly recommended |
| Random Testing |
No Restrictions |
|
| Post-Accident |
No Restrictions |
|
| Reasonable Suspicion |
No Restrictions |
|
| Oral Fluids |
No Restrictions |
|
| Hair Testing |
No Restrictions |
|
| Unemployment Denial |
Yes |
Terminate for misconduct, specify a refusal to test or positive test is misconduct. |
| Workers Comp Discount |
No |
|
| Intoxication Defense |
Yes |
Post-accident testing - An employee who tests positive or refuses to take a test forfeits the right to benefits. |
| Medical Marijuana |
Yes |
Passed November 2017, makes no mention of drug testing. Compassion centers must have drug-free workplace policies. |
| Recreational Marijuana |
No |
On November 7, 2018, voters chose to deny recreational marijuana legalization, with only 40% of residents voting to approve the measure. |
| Report Driver DOT Positives |
No |
|
| General Statute |
|
None |
|
Note: In North Dakota, it is a class A misdemeanor for defrauding a urine test, and the test is designed to detect the presence of a chemical substance or a controlled substance. A person is guilty of a class A misdemeanor if that person knowingly possesses, distributes, or assists in using a device, chemical, or natural or artificial urine advertised or intended to be used to alter the outcome of a urine test.
Intoxication Defense – Denial of Workers Compensation Claim - States vary in their willingness to allow employers to use an injured worker's intoxication against a compensation claim. State laws' intoxication defenses generally fall into one of three rough categories: reasons that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury. Always check with your insurance company and your attorney when you have a refusal or positive post-accident test after an injury.
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State
and local law vary greatly; therefore, you are advised to consult experienced legal counsel during the design
of your actual substance abuse testing program and with any questions that follow.
View Individual State Law Summaries
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