North Dakota 
Drug Testing Law

While North Dakota does not have a drug testing statute per se, to move to deny workers’ compensation benefits an employer must be conducting drug and/or alcohol testing in accordance with certain requirements established by the state. These include, in some circumstances, compliance with some aspects of the U.S. DOT drug and alcohol testing regulations. As well, there is a workers’ compensation law in North Dakota that contains its own drug testing requirements. Employers are not required to comply unless they wish to deny workers’ compensation claims. Note: This is only a summary and does not include specifics.

Law types(s)

Drug test cheating law, mandatory law, unemployment compensation law, and workers’ compensation law.

Legal status of cannabis

Medical cannabis is permitted.

Legal status of instant/POCT/rapid testing

Not mentioned.

Permitted drug testing specimens

Urine is specifically mentioned.

Permitted testing circumstances

Not mentioned.

Employers must comply with the entirety of the mandatory law and the drug test cheating law.

Want to have access to North Dakota’s laws in their entirety, including specific information pertaining to workplace drug testing highlighted for your convenience? Sign up for Current Compliance, the only state drug testing law database.

This information is provided for educational use only and does not give full details on North Dakota’s state drug testing laws . Employers wishing to drug test in North Dakota should consult applicable laws in their entirety prior to creating a drug-free workplace program. Reader retains full responsibility for the use of the information contained herein.