Previously, North Dakota Century Code Section 19-24.1-34 stated that medical marijuana cardholders could still be prohibited from and disciplined for possessing, consuming or working under the influence of marijuana in the workplace. However, the statutory language was problematic due to the lack of accurate testing available to determine if an individual was "under the influence" of marijuana at any given time.

To remedy this, SB 2388 broadens the discipline and prohibition rights for North Dakota employers. Beyond the original permissions, employers may now also prohibit and/or discipline an employee for "working with marijuana in the employee's system."

Employers are encouraged to review SB 2388 in its entirety and adjust internal workplace protocols as warranted.

Posted: June 19, 2023

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