Recreational marijuana remains illegal in North Dakota.
Despite two ballot initiatives (Measure 5 in 2022 and 2024) aimed at legalizing adult-use cannabis, both failed to pass. North Dakota remains a medical-only cannabis state under Measure 5 of 2016. Employers retain the right to maintain drug-free workplace policies.
ND Recreational Marijuana
North Dakota law prohibits recreational marijuana use, possession, and sale. Employers can enforce drug-free workplace policies.
What those rules do as a North Dakota shift is created.
Teambridge ensures your North Dakota operations remain compliant with state and federal drug laws, providing clear guidance on permissible employer actions regarding marijuana use.
Enforce Drug-Free Workplace
Because recreational marijuana remains illegal, Teambridge supports the enforcement of employer drug-free workplace policies, including pre-employment and random drug testing for cannabis.
No Accommodation for Recreational Use
Teambridge advises that employers are not required to accommodate recreational marijuana use, even off-duty, and can take adverse action based on positive drug tests for THC.
Medical Cannabis Consideration
While recreational use is prohibited, Teambridge flags the need to consider North Dakota's medical marijuana law (Measure 5, 2016) for registered qualifying patients, though this does not necessarily mandate workplace accommodation for impairment.
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Recreational cannabis remains prohibited in North Dakota.
North Dakota law does not permit the recreational use, possession, or sale of cannabis. Ballot initiatives to legalize adult-use marijuana failed in both 2022 and 2024. Therefore, employers in North Dakota retain broad authority to enforce drug-free workplace policies.
N.D.C.C. § 19-03.1-05 (North Dakota Century Code – Controlled Substances Act)
"Except as provided in chapter 19-24.1 [North Dakota Compassionate Care Act], it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance."
North Dakota Ballot Measure 5 (2022 & 2024)
Both ballot measures to legalize adult-use cannabis failed to pass, reaffirming the state's prohibition on recreational marijuana.
Employer Rights and Drug Testing
Given the continued illegality of recreational marijuana, North Dakota employers are within their rights to maintain and enforce drug-free workplace policies. This includes conducting pre-employment, random, post-accident, and reasonable suspicion drug testing for cannabis metabolites. Employers are not required to accommodate recreational marijuana use, even if it occurs off-duty, and can take disciplinary action, up to and including termination, based on a positive drug test for THC.
Medical Marijuana Context
It is important to distinguish between recreational and medical marijuana. North Dakota passed Measure 5 in 2016, establishing the North Dakota Compassionate Care Act (N.D.C.C. Chapter 19-24.1), which allows for the medical use of cannabis by qualifying patients with certain debilitating medical conditions. While this act provides some protections for registered patients, it does not generally require employers to accommodate medical marijuana use if it would violate federal law (e.g., DOT regulations) or if the employee is impaired at work or in a safety-sensitive position. Employer policies should clearly differentiate between recreational and medical use and adhere to the nuances of the Compassionate Care Act.
Teambridge keeps your North Dakota operations compliant with drug testing rules.
Teambridge integrates North Dakota's drug-free workplace laws into your operational policies, ensuring consistent and compliant practices for all employees.
Drug-Free Workplace Policy
Teambridge provides customizable drug-free workplace policy templates tailored to North Dakota law, clearly outlining prohibitions on recreational marijuana and employer rights regarding testing.
Permissible Drug Testing
Our platform guides employers on when and how drug testing for cannabis is permissible in North Dakota, including pre-employment, random, and post-incident scenarios, while avoiding potential discrimination claims.
Clear Employee Expectations
Teambridge helps communicate clear expectations to employees regarding drug-free workplace rules, ensuring they understand the consequences of recreational marijuana use in relation to employment.
Navigating Medical Use
For qualifying medical cannabis patients, Teambridge provides guidance on navigating potential accommodations and limitations under the North Dakota Compassionate Care Act, ensuring a balanced approach.