"The American Public Health Association "(1) Opposes state and federal laws preempting local governments' ability and authority to enact their own more stringent restrictions on alcohol and tobacco availability; and (2) Supports local governments' home rule to sue their zoning, planning, and other local police powers to control alcohol and tobacco problems, including advertising and access."American Public Health Association, Resolution 9410, 1994
As of December 6, 2012, North Dakota's public places and workplaces are 100% smokefree, including all restaurants, bars, gambling facilities, hotels and motels, truck stops, and retail tobacco stores. The law went into effect a month after North Dakota voters chose to put a stronger smokefree law in place by an overwhelming majority of 66% in favor. This state law was built upon 14 strong local laws in communities across the state. Read North Dakota's 100% smokefree law.
Prior to the 2012 law, North Dakota prohibited smoking in public places and places of employment as of August 1, 2005, but smoking was still allowed in bars, separately enclosed bar areas of restaurants and hotels, and several other types of workplaces.
North Dakota does not preempt local control. The North Dakota Attorney General issued an opinion on June 29, 2005 stating that Senate Bill 2300, effective August 1, 2005, preempts all city or county ordinances that provide less protection from secondhand smoke than the new law, but permits local ordinances that provide more protection. Read more about current tobacco-related legislation in North Dakota.
Current tobacco-related statistics are available from the Centers for Disease Control's Tobacco Control State Highlights, 2010.
North Dakota does not have a 2016 Legislative Session
- 3/17/2017HCR3033—(gaming exemption)—A concurrent resolution relating to authorization for up to six state-owned casinos—Amended to remove exemption from smokefree law; Failed on Second Reading 28-63—Session Adjourned
- 6/26/2017Preemption Watch Bill Tracking Summary
- 4/1/2013No April Fools North Dakota - Please contact your lawmakers!
- 2/4/2011What's happening in the U.S. Territories and Commonwealths?
- 10/13/2017State lawmakers choose winners and losers through preemption
- 7/6/2017Blue Cities Want to Make Their Own Rules. Red States Won't Let Them.
- 5/10/2017The Threat of Super-Preemption
- 3/6/2017Preemption Prevents Innovation
- 2/21/2017City Rights in an Era of Preemption: A State-by-State Analysis
- 2/2/2017Red State, Blue City
- 1/5/2017GOP aims to rein in liberal cities
- 9/9/2016How ALEC, ACCE, and Preemption Laws are Gutting the Powers of American Cities
- 8/22/2016Blue Cities, Red States
- 6/28/2016Colorado Preemptions of Local Government: The Need for the Colorado Community Rights Amendment
- 6/23/2016State and Local Comprehensive Smoke-Free Laws for Worksites, Restaurants, and Bars--United States, 2015
- 4/6/2016From Fracking Bans To Paid Sick Leave: How States Are Overruling Local Laws
- 4/1/2016Growing Southern cities are increasingly targets of state pre-emption
- 3/25/2016Beyond North Carolina's LGBT Battle: States' War on Cities
- 2/4/2016Corporate Interests Take Aim at Local Democracy
- 8/6/2015Blowing the Whistle on ALEC's Little Brother ACCE
- 7/7/2015Four Ways ALEC Tried to Ruin Your State this Year
- 5/17/2015Say no: States increasingly blocking cities and counties from imposing mandates on businesses
- 5/8/2015State lawmakers hate federal meddling even as they preempt local government
- 3/30/2015The ALEC-Backed War on Local Democracy
- 2/23/2015Govern Yourselves, State Lawmakers Tell Cities, but Not Too Much
- 12/6/2012Lights out: Smoking ban takes effect in public places
- 12/3/2012Bismarck businesses preparing for smoking ban
- 11/6/2012ND voters ban smoking in bars, indoor workplaces
- 11/3/2012Gail Halverson, Grand Forks, letter: Yes on 4 means better health for all
- 10/26/2012POLL: Smoking ban support polls at 61 percent
- 10/18/2012Smoking ban goes to the voters
- 10/3/2012Voters will consider five ballot measures in the General Election
- 9/13/2012All North Dakota Workplaces Could be Smoke-Free by Christmas
- 7/19/2012No-smoking group collecting signatures at N.D. State Fair
- 6/22/2012Expect measure to ban smoking to make ballot
- 6/22/2012ND Sec of State approves smoking measure language
- 2/1/2011Anti-smoking bill fails
- 1/27/2011Deadwood smoking ban revisited
- 1/24/2011Incentive to go smoke-free supported, attacked
- 1/13/2011Bill takes another run at banning smoking with kids in the car
- 12/30/2010Legislators content with tobacco rules, any new efforts may be local
- 2/5/2010State Preemption of Local Smoke-Free Laws in Government Work Sites, Private Work Sites, and Restaurants United States, 2005-2009
- 2/19/2009Smoking ban in bars beaten in ND House
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State Specific Resources
- 2/10/2012Map of North Dakota counties with anti-preemption resolutions
- 4/27/2007North Dakota Preemption Materials
- 8/2/2004Thank You Flyer for Anti-Preemption Resolutions
- 11/18/2005Resolutions: North Dakota League of Cities