North Dakota.

Information provided is current as of December 20, 2025, and companies are encouraged to consult with legal counsel on these types of complex matters.

North Dakota - State Specific Information

Cannabis Legalization Status in North Dakota

Medical Cannabis Program

North Dakota established its medical cannabis program in 2016 through the passage of Measure 5. This landmark legislation opened the door for qualifying patients to legally access marijuana for therapeutic purposes under strict regulatory oversight.

The program is administered by the North Dakota Medical Marijuana Program, which serves as the state's primary regulatory agency for all matters related to medical cannabis.

Recreational Cannabis: Still Prohibited

Despite multiple attempts to legalize recreational marijuana, North Dakota voters have consistently rejected such measures. Most recently, Initiated Measure 5 was defeated in the November 2024 election, keeping recreational cannabis use illegal throughout the state.

This distinction is crucial for employers, as it means the vast majority of cannabis use by employees remains unlawful under state law.

Possession and Personal Use Regulations

Medical Patient Allowances

Registered medical marijuana patients in North Dakota may legally possess and purchase:

• Standard patients: Up to 2.5 ounces of dried flower within a 30-day period
• Cancer patients: Up to 6 ounces, acknowledging the increased therapeutic needs of this patient population

Non-Patient Possession

For individuals without medical marijuana cards, possession of small amounts has been partially decriminalized:

• Amounts less than 0.5 ounces are classified as a criminal infraction
• No jail time is imposed for this offense
• Fines can reach up to $1,000

It's important to note that while "decriminalized," possession without a medical card remains a criminal infraction—not a civil matter—and can still result in significant financial penalties.

Strict Prohibitions

North Dakota maintains firm restrictions on certain cannabis activities:

• Home cultivation is illegal for all individuals, including registered medical patients
• Public consumption is prohibited regardless of medical status

These prohibitions apply universally, offering no exceptions even for those participating in the state's medical program.

Employer Drug Testing Rights and Policies

Open Drug Testing State Status

North Dakota is classified as an "open" drug testing state. This designation means there are no specific statutes restricting an employer's right to conduct workplace drug testing. Employers enjoy broad discretion in implementing testing programs.

Permitted Testing Types

Employers in North Dakota may conduct:

• Pre-employment drug screening
• Random drug testing
• Reasonable suspicion testing
• Post-accident testing

This flexibility allows organizations to design comprehensive drug-free workplace programs tailored to their specific operational needs and risk profiles.

Zero-Tolerance Policies

Perhaps most significantly for employers, North Dakota law permits the enforcement of zero-tolerance drug policies. Key points include:

• Employers are not required to accommodate medical cannabis use, even when consumed off-duty
• A positive THC test result is considered a valid basis for termination
• Employers may legally refuse to hire candidates who test positive for THC

This stands in stark contrast to some other states with medical marijuana programs that require employers to make accommodations for registered patients.

Documentation Best Practices

While employers enjoy significant latitude in drug testing, establishing robust documentation remains a critical risk mitigation strategy. Proper documentation helps protect organizations against potential legal challenges and demonstrates consistent policy application.

Safety-Sensitive Position Considerations

Private Employer Guidelines

For private sector employers, the definition of "safety-sensitive" roles is determined by company policy. Organizations have the autonomy to designate which positions qualify based on job duties, equipment operation, and potential risks to self or others.

Public Employer Restrictions

Government employers face additional constitutional constraints:

• The 4th Amendment restricts random drug testing for public employees
• Only employees in roles where a lapse in judgment poses a high risk of injury may be placed in random testing pools
• City and state employers must carefully evaluate position classifications to ensure constitutional compliance

This distinction creates a two-tiered system where public sector workers enjoy greater protections against random testing than their private sector counterparts.

Employee Privacy Protections

Despite the employer-friendly testing environment, North Dakota does provide certain privacy protections for employees:

Confidentiality Requirements

All drug test results must be kept confidential. Employers should implement secure storage and limited access protocols for testing documentation.

Written Policy Requirements

Employers should maintain a written drug testing policy that clearly outlines:

• Testing circumstances and procedures
• Consequences of positive results
• Employee rights and responsibilities

Consent Obligations

Employers should obtain employee consent before conducting drug tests. While the state permits broad testing authority, proper consent documentation helps protect against potential legal challenges.

Employee Access Rights

Employees generally have the right to:

• Access their own test results
• Contest results they believe to be inaccurate
• Request confirmatory testing in appropriate circumstances

Compliance Recommendations for Employers

Given the complexity of cannabis regulations and drug testing requirements, employers operating in North Dakota should consider the following best practices:

1. Develop comprehensive written policies that clearly communicate drug testing procedures and consequences
2. Train supervisors and managers on recognizing signs of impairment and proper documentation procedures
3. Maintain consistent application of policies across all employees to avoid discrimination claims
4. Stay informed about regulatory changes as cannabis laws continue to evolve nationwide
5. Consult with legal counsel for guidance on complex matters and policy development

Looking Ahead

While North Dakota currently maintains relatively restrictive cannabis policies and employer-friendly drug testing laws, the regulatory landscape continues to evolve. The defeat of recreational legalization in November 2024 suggests the state will maintain its current framework for the foreseeable future, but employers should remain vigilant about potential legislative changes.

For organizations operating across multiple states, North Dakota's open testing environment and lack of accommodation requirements may simplify compliance compared to more restrictive jurisdictions. However, multi-state employers must still navigate the patchwork of varying state laws that govern their workforce._