North Dakota - Considerations for Marijuana in the Workplace

Last Update on June 23, 2023

Medical
Marijuana Law:

Recreational
Marijuana Law:

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.
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.
Apply the Checklist of Impacting Issues to Research provided by NDS for additional state laws and issues that can relate to and/or impact your operations regarding employee use of marijuana.

Sources

(e.g., Bill Number, Authority)

North Dakota Century Code 19-24.1 et al – Medical marijuana law
North Dakota Century Code 12.1-11-07 – Drug testing related
North Dakota Century Code 34-01-15, 34-01-20 2. – 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).

Drug Testing in North Dakota

Testing locations are available in all areas. For immediate service for employers or individuals call 866-843-4545 or Order Now.

Drug Testing Laws for North Dakota

No two states have same the same drug testing State Laws – Check out state laws for Drug Testing.

North Dakota - Considerations for Marijuana in the Workplace

Medical
Marijuana Law:

Recreational
Marijuana Law:

Employer Concerns – Significant to Review

Testing

Hiring/Termination

Discipline

Use/Possession

Other Impacting Laws

Sources

Drug Testing in North Dakota

Drug Testing Laws for North Dakota

Other States Marijuana Considerations

Set Up An Employer Account

Join Our Collection Site Network

Drug Testing Information

Navigation

North Dakota - Considerations for Marijuana in the Workplace

MedicalMarijuana Law:

RecreationalMarijuana Law:

Employer Concerns – Significant to Review

Testing

Hiring/Termination

Discipline

Use/Possession

Other Impacting Laws

Sources

Drug Testing in North Dakota

Drug Testing Laws for North Dakota

Other States Marijuana Considerations

Set Up An Employer Account

Join Our Collection Site Network

Drug Testing Information

Navigation

Medical
Marijuana Law:

Recreational
Marijuana Law: