North Dakota Drug Laws
We are going to explore two aspects of North Dakota drug laws and the information necessary to learn how to pass a drug test in North Dakota.
Learning The Basics Of North Dakota Drug Laws.
First, we are not attorneys and can not provide specific advice on the North Dakota Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local North Dakota drug laws.
Second, for those of you who are concerned with those North Dakota Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in North Dakota.
There Are Four Major Drug Tests Given In North Dakota.
Each drug test has its own specific strengths you must avoid and weakness in which one can take advantage. What you learn here could make the difference between failing and passing a drug test in North Dakota.
North Dakota Drug Laws For Employees.
North Dakota law doesn’t restrict an employer’s right to drug test employees or applicants. Although many states have passed laws regulating or restricting an employer’s right to require drug testing, North Dakota is not one of them. North Dakota has no comprehensive law addressing drug testing in private employment. Instead, North Dakota law provides only that:
- An employer who requires drug testing must pay the cost of the test.
- In workers’ compensation cases, an employer may require an employee to take a drug test following an accident or injury, if the employer has a mandatory policy of testing under these circumstances or the employer or a physician has reasonable grounds to suspect that the incident was caused by impairment due to alcohol or drugs. An employee who tests positive or refuses to take a test in these circumstances forfeits the right to benefits.
Because North Dakota doesn’t otherwise place limits on an employer’s right to drug test, drug testing is not prohibited or restricted, unless it violates other legal provisions (such as a law prohibiting discrimination; see below).
Legal Claims Arising From Drug Testing.
Have you been illegally asked or required to take a drug test in North Dakota? Even though North Dakota Drug Laws allow an employer to drug test, many employees and might may have legal claims based on how the test was conducted, who was tested or how the results were used.
Here are some examples:
- Violation of North Dakota Drug Laws And Procedures. Although an employer has the legal right to test, it must follow the state’s requirements. An North Dakota employer that doesn’t provide the required notice of its testing policy or observe state procedural rights (for example, by failing to conduct a confirmation test after an initial positive result or by allowing unauthorized personnel to perform the test) could face legal problems.
- Disability Discrimination. An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA). Some prescribed medications turn up on drug tests and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions. If an applicant is turned down because of a positive drug test and the applicant’s medication was legally prescribed for a disability, the company could be liable.
- Other Discrimination Claims. An employer who singles out certain groups of employees – for example, by race, age, or gender – for drug testing could face a discrimination claim.
- Invasion Of Privacy. Even an employer that is allowed or required to test might violate employee privacy in the way it conducts the test. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation.
- Defamation. An employee might have a valid claim for defamation if the employer ( that the employee tested positive, if the employer has reason to know that the test might not be accurate. For example, if a retest showed that the first test was a false positive or the employee has appealed the first test, the employer may be liable for revealing the results of the positive test beyond those with a need to know.
Breakdown Of North Dakota Drug Laws.
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The North Dakota Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in North Dakota Are For Breaking North Dakota Drug Laws For Marijuana, Not Federal Or Local Laws.
North Dakota drug laws have their own specific strengths you must avoid and weakness in which one can take advantage when it comes to marijuana. The same is true of the Federal Laws concerning marijuana.
Marijuana is the third most popular recreational drug in North Dakota behind only alcohol and tobacco. Marijuana has been used by nearly 100 million Americans at one time or another with an equal cross-section of people in North Dakota using marijuana. According to the federal government, some 25 million Americans have smoked marijuana in the past year and more than 14 million do so regularly despite harsh laws against its use. North Dakota is no exception in its implementation of marijuana law.
Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer, valid detection for marijuana requires drug testing. This is time-consuming, complicated and the drug tests for marijuana cannot determine an approximate degree of impairment. The detection of marijuana is also complicated by the various types of drug testing available and the types of myths, half-truths and rumors that surround marijuana drug testing.