North Dakota Smoking Laws

North Dakota smoking laws were implemented in 2005 in an effort to protect the public from
the dangerous effects of secondhand smoke.  North Dakota smoking laws prohibit smoking in all public places and workplaces including office buildings and facilities, bars, childcare and healthcare facilities.  North Dakota smoking laws prohibit lighting up in entertainment venues such as theaters, libraries.  Also include are  government buildings and facilities, public transportation, retail and grocery stores, meeting places, educational facilities, malls, etc.

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Exemptions to North Dakota Smoking Laws

Exemptions to North Dakota smoking laws include private residences where no childcare or healthcare is conducted, motel a nd hotel rooms designated as smoking rooms for guests, tobacco stores, outdoor workplaces, areas that are not accessed by the public, bars, venues rented privately and not open to the public and designated smoking areas only available to adults.  Also exempt are American Indian sites and ceremonies.  And patients may be allowed to smoke in healthcare facilities if doctors promote the activity for the improvement of health and bases this decision on the hospital and staff policies. Long term care facilities may allow smoking by residents in approved areas under North Dakota smoking laws.

Enforcing North Dakota Smoking Laws

Owners of establishments and persons in charge are not required to post signage, however it is recom mended in order to establish boundaries between prohibited smoking areas, and areas where smoking is permitted. Owners/operators should also be advised that have smoking rooms, or indoor break rooms where smoking is permitted would be a violation of North Dakota’s Smokefree law.

North Dakota’s Smokefree law protects persons and employees from discrimination, retaliation, discharge, or refusal to hire on the basis of smoking preference, reporting a violation, etc. Any person found to be violating North Dakota smoking laws and regulations will be guilty of an infraction.

Any owner/operator that fails to comply with North Dakota’s Smokefree law will be guilty of an infraction and subject to fines in the amount of $100 for the first violation, $200 for the second violation, and $500 for the third and any additional violations thereafter within one year.  Any person smoking in an area where smoking is prohibited will be guilty of an infraction and fined up to $500.  It’s pretty expensive to violate North Dakota smoking laws.


north dakota smoking laws