Some states have comprehensive laws that regulate or prohibit drug testing, but North Dakota does not have such a law. North Dakota employers are, therefore, free to implement any kind of drug-testing programs at their own discretion. However, if an employer requires an employee or applicant to take a drug or alcohol test as a condition of retaining or obtaining employment, the employer must pay for the test and for the furnishing of any medical records (ND Cent. Code Sec. 34-01-15).
A person is guilty of a class A misdemeanor if he or she willfully defrauds a urine test and the test is designed to detect the presence of a chemical substance or a controlled substance. A person is guilty of a class A misdemeanor if he or she knowingly possesses, distributes, or assists in the use of a device, chemical, or real or artificial urine advertised or intended to be used to alter the outcome of a urine test (ND Cent. Code Sec. 12.1-11-07).