Your Cart

North Dakota State Drug Testing Laws

Workplace Drug Testing Issues – North Dakota State 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.

Workplace Drug Testing Laws in North Dakota

Drug Testing IssueStatusComments
Instant or POCT TestingNo Restrictions 
Drug PanelsNo Restrictions 
LaboratoryNo RestrictionsSAMHSA certified lab highly recommended
Medical Review OfficerNot requiredHighly recommended
Random TestingNo Restrictions 
Post-AccidentNo Restrictions 
Reasonable SuspicionNo Restrictions 
Oral FluidsNo Restrictions 
Hair TestingNo Restrictions 
Unemployment DenialYesTerminate for misconduct, specify a refusal to test or positive test is misconduct.
Workers Comp DiscountNo 
Intoxication DefenseYesPost-accident testing – An employee who tests positive or refuses to take a test forfeits the right to benefits.
Medical MarijuanaYesPassed November 2017, makes no mention of drug testing. Compassion centers must have drug-free workplace policies.
Recreational MarijuanaNoOn November 7, 2018, voters chose to deny recreational marijuana legalization, with only 40% of residents voting to approve the measure.
Report Driver DOT PositivesNo 
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 using a device, chemical, or natural 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 against a compensation claim. State laws’ intoxication defenses generally fall into one of three rough categories: reasons 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 design of your actual substance abuse testing program and with any questions that follow.

View Individual State Law Summaries

Same Day Shipping

Ship on the day of Order


30 Day Money Back Guarantee