North Dakota

Medical
Marijuana Law:

Recreational
Marijuana Law:

No Broad Laws
Legalizing Marijuana*:

Employer Concerns – Significant to Review

  • An employer may discipline an employee for possessing, using, or being under the influence, in the workplace, even when the individual is a legal medical marijuana patient.
  • North Dakota’s Labor and Employment Law requires the employer to pay for any required drug testing or be found guilty of an infraction.
  • There is voluntary workers’ compensation law with drug testing requirements that, although not required, if followed will provide the employer greater latitude for denying a workers’ compensation claim. For example,
    • (North Dakota Cent. Code 65-01-11), “If an employee refuses to submit to a reasonable request to undergo a test to determine if the employee was impaired or if an employee refuses to submit to a test for drugs or alcohol after a work accident as mandated by company policy, the employee forfeits all entitlement to workforce safety and insurance benefits arising out of that injury.”
    • Workers’ compensation insurance may not pay for medical marijuana.

Testing

Hiring/Termination

Discipline

  • An employer may discipline an employee for possessing, using, or being under the influence, in the workplace, even when the individual is a legal medical marijuana patient.

Use/Possession

  • Smoking is permitted and smoking in public is governed under the same restrictions as those for tobacco.
  • Prohibits use of marijuana in public places or workplaces.
  • Even with a recommendation, it is illegal to drive under the influence of marijuana.

Other Impacting Laws

(e.g., drug testing, workers’ compensation, unemployment)
  • North Dakota has a law against aiding in an attempt or attempting to defraud a drug test.
  • There is voluntary workers’ compensation law with drug testing requirements that, although not required, if followed will provide the employer greater latitude for denying a workers’ compensation claim.

Sources

(e.g., Bill Number, Authority)
  • North Dakota Century Code 19-24.1 et al – Medical marijuana law
  • North Dakota Cent. Code 12.1-11-07 – Drug testing related
  • North Dakota Century Code 34-01-15 – Drug testing related
  • North Dakota Century Code 52-06-02 – Unemployment related
  • North Dakota Century Code 65-01-02 & 11 – Workers’ compensation related
  • North Dakota Century Code 65-05-07 – Workers’ compensation related
Disclaimer

This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.

Caution

Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).