Frequently Asked Question
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. However, North Dakota's Secretary of State has approved a measure for the November ballot, aiming to diversify the state's economy and reduce law enforcement burden.
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.
Keep going
Related courses
Non-DOT Urine Specimen Collector Training
Non-DOT Urine Specimen Collector Training takes 4 hours, including mock collections. Covers "collect-only" and "QuickScreens" for non-regulated testing. Includes initial training supplies, state law updates, and multimedia learning. Certificate issued upon completion.
5 hours of training
$650.00/credit
DOT Reasonable Suspicion Training for Supervisors
DOT Reasonable Suspicion Training for Supervisors 2-hour online course. Covers drug and alcohol testing observations per 49 CFR Part 40. Training is valid in the US, Canada, and DOT-compliant countries. Also available in Spanish. Certificate issued upon completion.
2 hours of training
$60.00/credit
Non-DOT Reasonable Suspicion Training for Supervisors
Non-DOT Reasonable Suspicion Training is a 2-hour online course for supervisors in non-regulated workplaces. Focuses on identifying signs of drug/alcohol abuse, understanding the impact, and procedural responsibilities, and covers state-specific issues. Certificate issued upon completion.
2 hours of training
$55.00/credit