North Dakota Drug Testing Laws

Drug and alcohol testing is legal in North Dakota. Employers are required to pay the costs of required drug tests. In order to deny workers’ compensation claims, employers must meet additional drug and alcohol testing requirements.

Drug Testing Law Status: Mandatory

Read more about Voluntary VS Mandatory Laws here.

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.

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	In a vote 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 the use of a device, chemical, or real 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 as a defense against a claim for compensation. State laws’ intoxication defenses generally fall into one of three rough categories: defenses 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 development or edit of your actual substance abuse testing program and with any questions that follow.

State Law North Dakota

Disclaimer

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local laws vary greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.

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North Dakota Drug Testing 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.

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Drug testing laws State by State

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.