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Drugs, Alcohol and Smoking: North Dakota

Drugs, Alcohol and Smoking requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: XpertHR Editorial Team


  • North Dakota employers may implement drug-free workplace policies and require employees to disclose prescription drugs. See Drugs and Alcohol.
  • The North Dakota Compassionate Care Act permits the use of medical marijuana by qualified registered patients with a debilitating medical condition. See Medical Marijuana.
  • Employers may implement and enforce policies that prohibit the use, sale, possession, distribution, purchase and cultivation of drugs and alcohol in the workplace. See Drug and Alcohol Policies.
  • Employers in North Dakota are not prohibited from drug and alcohol testing of employees and job applicants. See Drug and Alcohol Testing.
  • North Dakota prohibits smoking and vaping in all enclosed areas of places of employment and within 20 feet of entrances, exits, windows and ventilation systems of these areas. See Smoking.
  • Employers must clearly and conspicuously post "No Smoking" signs. See Postings.
  • Employers are not required to have a smoking policy but may implement one that prohibits smoking in the workplace. See Smoking Policies.
  • Bismarck has requirements pertaining to smoking. See Local Requirements.