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.

Urine Drug Test Information.The Urine Drug Test is the most pop­u­lar, the least com­pli­cated and is by far the eas­i­est to beat.

Hair Drug Test Information.The Hair Drug Test can use any hair on your body, detect usage for at 90+ days and is the hard­est to beat.
Saliva Mouth Drug Test Information.The Saliva Drug Test can be given anywhere, is hard to beat and always requires a detox prod­uct to pass.
The Best Blood Drug Test Information.The Blood Drug Test is rare, has a short drug detec­tion time but is often given with a urine test.

 
 

North Dakota Drug Laws For Employees.

How To Pass A Drug Test Under North Dakota Drug Laws.

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.

Learn To Pass A Drug Test With Always Test Clean.

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.

State: North Dakota
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods: Currently Not Available
Testing Bullet Points:
  • Under provisions of the Worker’s Safety And Insurance laws of North Dakota, any injury caused by illegal use of controlled substances or the use of intoxicants are not compensable injuries.

    ATC Depot Has The Solutions For Passing A Drug Test Under North Dakota Drug Laws.

  • For workers’ compensation claims, the burden of proof is on the employer to show that the employee’s injury is caused by the use of alcohol or illegal use of a controlled substance through compliant drug testing as performed by a physician, qualified technician, chemist or registered nurse in accordance to US Department of Transportation requirements.
  • Although not required, employers in essence are allowed to have a mandatory drug or alcohol testing policy that covers post-accident testing as well as testing on grounds of reasonable suspicion.
  • Employers must pay for all the costs of medical examination required of employees and prospective employees as a condition of obtaining or continuing employment. North Dakota laws categorically include testing for the presence of alcohol or drugs as a medical examination. Infractions of this provision are penalized under Labor laws.
  • An employee’s refusal to submit to testing for the presence of drugs or alcohol on the basis of reasonable suspicion or as per the employer’s mandatory policy constitutes an outright forfeiture of all entitlements to workforce safety and insurance benefits.
 

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.

Federal And North Dakota Drug Test Laws On Marijuana.

North Dakota Drug Laws On Marijuana.

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.