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ND Workplace Cannabis — No Patient Protections, At-Will, § 65-01-11

Under N.D.C.C. § 34-03-01, employment for an unspecified term may be terminated at the will of either party. ND Human Rights Act (ch. 14-02.4) does NOT include medical-cannabis use as protected category. Compassionate Care Act § 19-24.1-34 explicitly preserves employer rights to discipline for consuming, working under influence, or working with marijuana in system — even for registered patients. § 65-01-11 workers’ compensation: drug or alcohol test result at or above U.S. DOT cutoff levels creates rebuttable presumption injury was due to impairment; refusal forfeits all WSI entitlement. WSI does not pay for medical cannabis (§ 65-05-07(8)(l)).

Last verified: May 2026

At-Will Employment Baseline

Under N.D.C.C. § 34-03-01, employment for an unspecified term may be terminated at the will of either party. ND is firmly in the at-will employment tradition with narrow public-policy exceptions. The North Dakota Human Rights Act (ch. 14-02.4) prohibits discrimination on listed bases:

  • Race, color.
  • Religion.
  • Sex.
  • National origin.
  • Age.
  • Disability.
  • Marital status.
  • Public-assistance status.
  • Lawful off-duty activity not in conflict with the employer’s interest.

Notably absent: medical-cannabis use is not a protected category. Federal Schedule I status keeps cannabis use outside ADA disability accommodations.

Compassionate Care Act § 19-24.1-34 — Explicit Employer Rights

The Compassionate Care Act explicitly preserves employer rights:

"An employer may discipline an employee for consuming usable marijuana in the workplace, working while under the influence of marijuana, or working with marijuana in the employee’s system, even when the individual is a registered qualifying patient or registered designated caregiver."

The "marijuana in the employee’s system" language is broad: a positive THC test — reflecting any prior cannabis use within the detection window (typically 30+ days for chronic users) — can be grounds for discipline regardless of subjective impairment at the time of the test.

Workers’ Compensation — § 65-01-11 and § 65-01-02

A work-related injury is not compensable if the injury was caused by the use of intoxicants or controlled substances. Specific provisions:

  • Drug or alcohol test result at or above U.S. DOT cutoff levels creates a rebuttable presumption that the injury was due to impairment.
  • Refusal to submit to a reasonable test request forfeits all entitlement to workers’ compensation benefits.
  • WSI (Workforce Safety & Insurance) does not pay for medical cannabis (§ 65-05-07(8)(l)).
  • WSI may discontinue chronic opioid coverage if a patient tests positive for marijuana under § 65-05-39.

Drug-Testing Law

Drug testing is broadly permissible. N.D.C.C. § 34-01-15 requires the employer to pay for any test it requests. Pre-employment, random, reasonable-suspicion, and post-incident testing are all lawful. North Dakota even criminalizes urine-test fraud: knowingly possessing or distributing "real or artificial urine advertised or intended to be used to alter the outcome of a urine test" is a Class A misdemeanor.

Major Private Employers in ND

  • Bobcat Company / Doosan Bobcat North America — Gwinner, Bismarck (West Fargo HQ for North America). Heavy-equipment manufacturing.
  • Cargill — Fargo, West Fargo, Wahpeton (commodity processing).
  • Microsoft — Fargo (Microsoft Dynamics, software development).
  • Sanford Health — Fargo, Bismarck, Mayville. Largest healthcare employer.
  • Bell Bank — Fargo HQ, statewide branches.
  • Blue Cross Blue Shield of North Dakota — Fargo.
  • CHI St. Alexius / Trinity / Essentia Health — Bismarck, Minot, Fargo.
  • Bakken oil-and-gas operators: ConocoPhillips, Continental Resources, Hess, Marathon Oil/MRO, Halliburton, SLB, Liberty Oilfield Services.

Federal Installations — Categorical Exclusion

Federal installations (zero-tolerance for cannabis under federal law and DoD/USAF policy):

  • Minot AFB — ICBM (91st Missile Wing) and B-52 (5th Bomb Wing) missions.
  • Grand Forks AFB — airborne ISR (RQ-4 Global Hawk operations).
  • Cavalier Space Force Station — missile-warning radar.
  • Camp Grafton (ND National Guard Training Center) — Devils Lake area.

For federal employees, contractors, military service members, CDL holders, and DOT-regulated transportation positions, even legal medical cannabis use will produce a positive test and termination/disqualification. ND has no state law forcing accommodation in any of these contexts. See federal installations page.

Patient-Card Status Is Not a Defense

An ND Compassionate Care Act registry card provides a state-law affirmative defense to possession charges. It does NOT:

  • Protect against employer drug testing.
  • Protect against termination for off-duty cannabis use.
  • Protect against denial of unemployment insurance.
  • Protect against denial or reduction of workers’ comp benefits.
  • Protect against denial of a security clearance.
  • Protect against denial of a professional license under federal-grant overlay.

Practical Implications for ND Patients

  • CDL holders: barred from medical program under federal DOT regulations.
  • Federal contractors / clearance holders: cannabis enrollment functionally incompatible with continued employment.
  • Healthcare workers: Sanford Health / CHI / Trinity drug-testing creates exposure.
  • Bakken oil-patch workers: industry drug-testing rigor categorically excludes.
  • Federally-funded research at NDSU / UND: drug-free workplace requirements.
  • Public-sector employees: state government drug testing programs.

For in-depth cannabis education, dosing guides, safety information, and research summaries, visit our partner site TryCannabis.org

Related on this site: Bakken Oil Patch Drug Testing, Send a Message, Contact CannabisNorthDakota.org.