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North Dakota Drug Testing Compliance

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North Dakota

Legal status for workplace drug screening and alcohol testing

Download our free guide: Marijuana Legalization by State.

Our intent is to make North Dakota drug screening compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in North Dakota. North Dakota is a “Open” state, which means there are no state statutes, regulations, or known court decisions that would limit your choices for implementing a drug or alcohol testing program. Testing is your choice; however, there may be federal rules to consider that may restrict your program in other ways. This overview is to introduce you to the nature and history of North Dakota’s workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing in North Dakota.

Drug Testing Overview:

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: No specific requirements of employer drug screening policy for North Carolina.
Q2: Please choose a reason for drug and alcohol testing:
No
No
No (but must have facts)
Yes - Review OSHA new ruling
No
No
No
Q3: Are there any state requirements for test methods?
A: All types of testing are permitted, as long as they take place at a certified laboratory. The only exception is applicant testing, where one may use an on-site testing device.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: No restrictions.
Q5: Are there any state requirements or limitations for specific notice of result?
A: No restrictions.
Q6: Is it required to use a Certified Laboratory?
A: CAP or SAMHSA.
Q7: What types of specimens can we test for?
A: Urine, blood, hair, or oral fluids.
Q8: Are there restrictions for Alcohol Testing?
A: No restrictions.

North Dakota Drug & Alcohol Testing Laws

This state has no known statutes restricting workplace drug or alcohol testing. and no known regulation limits for workplace drug or alcohol testing. Since there are no known state statutes, regulations, or court decisions, you may be free, within the limits of applicable federal rules, to draft any policy you wish and to implement whatever testing program makes business sense to you. It is advisable to conduct testing according to the accepted standards of practice in the drug testing industry.

On November 8, 2016, the voters of North Dakota approved Measure 5. The law is also known as the North Dakota Compassionate Care Act. Measure 5 became effective December 8, 2016. However, action taken by the state legislature delayed implementation until July of 2017.

Measure 5 means the following: “This initiated measure would add a new chapter to Title 19 (19-24) of the North Dakota Century Code creating an Act providing for the medical use of marijuana for defined debilitating medical conditions, such as cancer, AIDS, hepatitis C, ALS, glaucoma, and epilepsy. To participate in the program, the Act would create identification cards with specific criteria before they can be issued by the Department of Health for patients, caregivers, compassion centers and other facilities. The Act would create procedures for monitoring, inventorying, dispensing, and cultivation and growing of marijuana to be regulated and enforced by the Department of Health.”

 

ABBREVIATIONS
  • American Association for Clinical Chemistry (AACC)
  • Blood Alcohol concentration (BAC)
  • Breath Alcohol Test (BAT)
  • Clinical Laboratory Improvement Amendments (CLIA)
  • College of American Pathologists (CAP)
  • Department of Transportation (DOT)
  • Employee Assistance Program (EAP)
  • Food and Drug Administration (FDA)
  • Forensic Urine Drug Testing (FUDT)
  • Medical Review officer (MRO)
  • National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
  • Substance Abuse and Mental Health Administration (SAMHSA)

Did you know?

Q1. Can I do a random testing for my employees in North Dakota?

Correct!

 

Answer is “Yes”

There are currently no restrictions for drug and alcohol testing in North Dakota.

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Marijuana:

North Dakota Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

North Dakota personal and medical use of marijuana.

Marijuana Drug Testing Compliance

Medical Use: The North Dakota Compassionate Care Act. Measure 5 became effective on December 8, 2016. Employers can discipline employees for possessing or using marijuana in the workplace or for working under the influence of marijuana.

Personal Use: The topic of legalizing recreational marijuana is on the ballot for November 2022 election. If passed it means that adults 21 and older can possess up to one ounce of marijuana and grow up to three cannabis plants. The Department of Health and Human Services (HHS) would need to establish an adult-use cannabis program by October 1, 2023.

For more information regarding marijuana at work refer to Info Cubic’s Drug Screening compliance corner

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Court Decisions:

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

No known court cases

N/A

N/A

N/A

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