Can You Be Fired for Lawful Medical Marijuana Use in North Dakota?

Holding a valid registry identification card issued by the North Dakota Department of Health and Human Services, Division of Medical Marijuana, Bismarck protects you from state criminal prosecution, yet it offers virtually zero immunity when an employer hands you a cup for a workplace drug test. Across North Dakota-from the oilfields of Williston and the hospitals of Minot to corporate offices in Fargo and Bismarck-registered patients are routinely shocked to discover that using state-legal medical cannabis on Friday night can legally cost them their livelihood on Monday morning.

Unlike states that have enacted explicit workplace anti-discrimination shields for off-duty medical cannabis patients, North Dakota lawmakers amended the Compassionate Care Act to strongly favor employer drug-free workplace policies. Below, we examine the statutory text governing THC in the workplace, how rules differ for CDL truck drivers versus office workers, how pre-employment and random drug testing rules operate, and the narrow circumstances where firing a medical marijuana patient actually crosses the line into wrongful termination.

The Statutory Reality: N.D. Cent. Code § 19-24.1-34 and At-Will Employment

In North Dakota, the baseline employment relationship is governed by N.D. Cent. Code § 34-03-01, which establishes that employment without a specified term may be terminated at the will of either party, a principle repeatedly reinforced by the North Dakota Supreme Court in Jose v. Norwest Bank North Dakota, N.A., 599 N.W.2d 293 (ND Supreme Court 1999) and Potts v. City of Devils Lake, 953 N.W.2d 648 (ND Supreme Court 2021). When voters approved the North Dakota Compassionate Care Act (N.D. Cent. Code § 19-24.1-01 et seq.), N.D. Cent. Code § 19-24.1-32 protected qualifying patients from arrest, prosecution, and professional licensing discipline by state occupational boards.

However, the Legislature carved out a sweeping exception for employers in N.D. Cent. Code § 19-24.1-34. Following legislative amendments designed to eliminate disputes over whether a worker was actively impaired, N.D. Cent. Code § 19-24.1-34 explicitly provides that nothing in the medical marijuana law prohibits an employer from disciplining an employee for:

• Possessing or consuming usable marijuana in the workplace;
• Working while under the influence of marijuana; or
• Working with marijuana in the employee's system.

That final phrase-working with marijuana in the employee's system-is the legal linchpin in North Dakota. Because standard urine and hair-follicle drug screens detect non-psychoactive THC metabolites days or weeks after lawful off-duty ingestion, an employee who uses medical cannabis strictly at home on the weekend still returns to work on Monday with marijuana metabolites in their system. Under N.D. Cent. Code § 19-24.1-34, a North Dakota employer may lawfully terminate that employee for failing a drug test, regardless of their valid registry card.

Why the 'Lawful Off-Duty Activity' Statute Rarely Saves Cardholders

Employees often point to the North Dakota Human Rights Act, specifically N.D. Cent. Code § 14-02.4-03, which prohibits employers from firing workers for participating in lawful activity off the employer's premises during nonworking hours. Unfortunately, two major hurdles block medical cannabis patients from relying on this provision. First, cannabis remains a Schedule I controlled substance under the federal Controlled Substances Act, 21 U.S.C. § 812. Second, because N.D. Cent. Code § 19-24.1-34 specifically authorizes discipline whenever marijuana is present in an employee's system at work, the specific medical marijuana statute overrides general off-duty activity protections.

Industry Micro-Niches: CDL Drivers vs. Office Workers

While state law grants broad discretion to all North Dakota employers, your practical risk and legal options vary dramatically depending on your occupation and whether federal regulations govern your job.

CDL Truck Drivers and Safety-Sensitive Workers (Federal DOT vs. State Rules)

For commercial truck drivers hauling crude oil in McKenzie County, agricultural commodities in Cass County, or freight across Interstate 94, federal law completely preempts North Dakota's medical marijuana program. Commercial Driver's License (CDL) holders and pipeline or aviation workers are governed by U.S. Department of Transportation (DOT) and Federal Motor Carrier Safety Administration (FMCSA) regulations under 49 C.F.R. § 382.213.

Under federal testing procedures at 49 C.F.R. § 40.151(e), a Medical Review Officer (MRO) is strictly forbidden from verifying a positive THC drug test as negative based on a state-issued medical marijuana card. Even if a North Dakota trucking company wanted to overlook a driver's off-duty medical cannabis use, federal law mandates that the employer immediately remove the driver from safety-sensitive functions and report the violation to the FMCSA Drug and Alcohol Clearinghouse.

Office Workers, Remote Staff, and Non-Safety-Sensitive Employees

If you work in an administrative, IT, accounting, or retail role in Fargo, Grand Forks, or Bismarck, no federal law forces your employer to test you for THC or fire you for holding a medical card. Private employers are free to accommodate registered patients or exclude THC from their testing panels. However, if an office employer chooses to maintain a zero-tolerance policy, N.D. Cent. Code § 19-24.1-34 permits them to terminate a desk worker who tests positive.

Even so, office and non-safety-sensitive workers have potential wrongful termination claims when an employer:

• Discriminates Against the Underlying Disability: While an employer can penalize a positive THC test under N.D. Cent. Code § 19-24.1-34, they cannot fire you solely because they learned you have a qualifying debilitating medical condition (such as cancer, epilepsy, PTSD, or multiple sclerosis) protected under N.D. Cent. Code § 14-02.4-03 and the federal Americans with Disabilities Act, 42 U.S.C. § 12112. In Engel v. Montana Dakota Utilities, 595 N.W.2d 319 (ND Supreme Court 1999), the North Dakota Supreme Court outlined the strict requirements for evaluating disability discrimination and reasonable accommodation claims under state law.
• Breaches an Express Employment Contract or Mandatory Handbook Policy: In Osterman-Levitt v. MedQuest, Inc., 513 N.W.2d 70 (ND Supreme Court 1994), the North Dakota Supreme Court held that if an employee handbook lacks a clear at-will disclaimer and promises specific progressive discipline or rehabilitation procedures before termination, the employer can be sued for breach of contract if they fire a worker immediately without following those promised steps.

Pre-Employment vs. Random and Post-Accident Drug Testing in North Dakota

The stage at which a drug test occurs also triggers specific statutory rules in North Dakota:

Step-by-Step Process in North Dakota If You Face Discipline Over Medical Cannabis

If you are a registered patient facing a drug test or termination in Fargo, Bismarck, Grand Forks, or Minot, taking strategic steps can help protect your rights and identify whether your employer violated state law.

Step 1: Verify Your Registry Status and Written Certification

Ensure your patient registration with the North Dakota Department of Health and Human Services, Division of Medical Marijuana, Bismarck (600 East Boulevard Ave, Dept 325, Bismarck, ND 58505; Phone: 701-328-1311) and your healthcare provider's electronic written certification submitted through the NDHHS Medical Marijuana Registration Portal are active and unexpired before any workplace dispute arises.

Step 2: Audit Your Employee Handbook and Drug Testing Policy

Request a complete copy of your company's drug-free workplace policy and employee handbook. Check whether the policy explicitly prohibits having marijuana metabolites in your system, or if it only prohibits on-duty impairment, and check whether the handbook guarantees a first-offense Employee Assistance Program (EAP) referral without a clear at-will disclaimer under Osterman-Levitt v. MedQuest, Inc., 513 N.W.2d 70 (ND Supreme Court 1994).

Step 3: Present Your Registry Card to the Medical Review Officer (MRO)

For non-DOT tests, always provide your North Dakota medical marijuana card number to the testing laboratory's Medical Review Officer when they call to verify a positive result. Avoid volunteering detailed diagnoses directly to your supervisor unless you are formally requesting a non-cannabis disability accommodation under N.D. Cent. Code § 14-02.4-03.

Step 4: Check for Illegal Drug Test Fee Deductions

Inspect your final paycheck Stub. Under N.D. Cent. Code § 34-01-15(1), whenever an employer requires an employee or job applicant to take a drug or alcohol test or furnish medical records as a condition of obtaining or retaining employment, the employer must pay the full cost. Deducting the cost of a drug test from your wages is an infraction under N.D. Cent. Code § 34-01-15(2), and unpaid wages must be paid by the next regular payday under N.D. Cent. Code § 34-14-03.

Step 5: File a Discrimination or Wage Claim if Rights Were Violated

If your employer fired you because of your underlying medical disability rather than a neutral drug test policy, file Form SFN 14543, North Dakota, Department of Labor and Human Rights, Equal Employment Opportunity Questionnaire/Affidavit with the North Dakota Department of Labor and Human Rights, Bismarck, or file a civil action in the Cass County District Court, Fargo, the Burleigh County District Court, Bismarck, the Grand Forks County District Court, Grand Forks, or the Ward County District Court, Minot. You can browse our directory of US attorneys to connect with a North Dakota employment lawyer who can evaluate whether disability discrimination or contract breach applies to your firing.

How Much Does it Cost in North Dakota?

• Medical Marijuana Patient Application Fee ($40): Registering or renewing your patient card with the North Dakota Department of Health and Human Services, Division of Medical Marijuana, Bismarck costs $40 under N.D. Cent. Code § 19-24.1-03.
• Mandatory Employer-Paid Drug Test ($0 to Employee): Under N.D. Cent. Code § 34-01-15, the employer must pay 100% of the cost of required pre-employment or workplace drug tests.
• Department of Labor Filing Fee ($0): Filing a disability discrimination charge (Form SFN 14543, North Dakota, Department of Labor and Human Rights, Equal Employment Opportunity Questionnaire/Affidavit) or wage claim with the North Dakota Department of Labor and Human Rights, Bismarck is free.
• District Court Civil Filing Fee ($160): Filing a wrongful termination or disability discrimination lawsuit in North Dakota District Court costs $160 under N.D. Cent. Code § 27-05.2-03(1)(a), plus $50 to $100 for service of process.
• Attorney Consultation and Hourly Rates: North Dakota employment lawyers generally charge $250 to $400 per hour or offer contingency arrangements for viable disability discrimination or breach-of-contract suits.

How Long Does the Process Take?

• Final Paycheck Deadline: Under N.D. Cent. Code § 34-14-03, a terminated employee's final wages are due on the next regularly scheduled payday.
• Disability Discrimination Filing Window (300 Days): Under N.D. Cent. Code § 14-02.4-19, a claim under the North Dakota Human Rights Act must be filed with the North Dakota Department of Labor and Human Rights, Bismarck within 300 days of the discriminatory termination. Agency investigations typically take 4 to 9 months.
• Breach of Employment Contract Lawsuit (6 Years): If your claim is based on an enforceable employment contract or handbook promise, North Dakota provides a 6-year statute of limitations under N.D. Cent. Code § 28-01-16(1).

Frequently Asked Questions (FAQ)