42 U.S.C. § 12210 — Illegal use of drugs

(a) In general: The term "individual with a disability" does not include someone who is currently using illegal drugs, when the covered entity's action is based on that drug use. (b) Rules of construction: Subsection (a) does not exclude someone with a disability who: (1) has successfully finished a supervised drug rehabilitation program and is no longer using illegal drugs, or has otherwise been successfully rehabilitated and is no longer using them; (2) is currently in a supervised rehabilitation program and is no longer using illegal drugs; or (3) is wrongly thought to be using illegal drugs, but is not actually using them. Even so, it is not a violation of this chapter for a covered entity to adopt reasonable policies — including drug testing — to make sure someone described in (1) or (2) is truly no longer using illegal drugs. But nothing in this section encourages, prohibits, restricts, or authorizes drug testing in general. (c) Health and other services: Despite subsection (a) and section 12211(b)(3), a person cannot be denied health services, or services connected to drug rehabilitation, just because they are currently using illegal drugs — as long as they are otherwise entitled to those services. (d) "Illegal use of drugs" defined: (1) In general: This means using drugs whose possession or distribution is unlawful under the Controlled Substances Act. It does not include drug use that is supervised by a licensed health care professional, or other uses that federal law authorizes. (2) Drugs: "Drug" means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act.