North Dakota

Status: Medical Use Only

Information provided is current as of August 15, 2024, and companies are encouraged to consult with legal counsel on these types of complex matters.

Cannabis Legalization History

Medical Use
Legalized - 2016 (Measure 5)
Recreational Use
Not legal
Possession/Personal Use Specifics

Registered medical cannabis patients can possess up to 3 ounces of usable cannabis, which must be obtained from state-licensed dispensaries; Medical cannabis can be in various forms, including dried flower; home cultivation is not permitted.

Home cultivation and public consumption is illegal in North Dakota for anyone, even medical cannabis patients.

State Regulatory Agency Information

State Regulatory Agency
State Forms (If Applicable)
None Specified

State Testing Policy

General Information

Employers can implement drug testing policies for preemployment, random, reasonable suspicion, and postaccident situations, and it is advisable to have a written policy detailing these procedures. Employers are not required to accommodate medical cannabis use in the workplace, and employees who test positive can face disciplinary actions.

*Remember, establishing robust documentation is a key risk mitigant for employers in states like the Louisiana.

Safety Sensitive Positions

Safety-sensitive positions for drug testing are typically those where impairment could directly affect the safety and well-being of others and could pose significant risks to the safety of the individual, coworkers, or the public.

Privacy Laws

Test results must be kept confidential, employers should have a written policy and obtain employee consent before testing, and employees generally have the right to access and contest their results.