42 U.S.C. § 12210 : US Code - Section 12210: Illegal use of drugs

Search 42 U.S.C. § 12210 : US Code - Section 12210: Illegal use of drugs

(a) In general
For purposes of this chapter, the term "individual with a
disability" does not include an individual who is currently
engaging in the illegal use of drugs, when the covered entity acts
on the basis of such use.
(b) Rules of construction
Nothing in subsection (a) of this section shall be construed to
exclude as an individual with a disability an individual who -
(1) has successfully completed a supervised drug rehabilitation
program and is no longer engaging in the illegal use of drugs, or
has otherwise been rehabilitated successfully and is no longer
engaging in such use;
(2) is participating in a supervised rehabilitation program and
is no longer engaging in such use; or
(3) is erroneously regarded as engaging in such use, but is not
engaging in such use;
except that it shall not be a violation of this chapter for a
covered entity to adopt or administer reasonable policies or
procedures, including but not limited to drug testing, designed to
ensure that an individual described in paragraph (1) or (2) is no
longer engaging in the illegal use of drugs; however, nothing in
this section shall be construed to encourage, prohibit, restrict,
or authorize the conducting of testing for the illegal use of
drugs.
(c) Health and other services
Notwithstanding subsection (a) of this section and section
12211(b)(3) of this title, an individual shall not be denied health
services, or services provided in connection with drug
rehabilitation, on the basis of the current illegal use of drugs if
the individual is otherwise entitled to such services.
(d) "Illegal use of drugs" defined
(1) In general
The term "illegal use of drugs" means the use of drugs, the
possession or distribution of which is unlawful under the
Controlled Substances Act [21 U.S.C. 801 et seq.]. Such term does
not include the use of a drug taken under supervision by a
licensed health care professional, or other uses authorized by
the Controlled Substances Act or other provisions of Federal law.
(2) Drugs
The term "drug" means a controlled substance, as defined in
schedules I through V of section 202 of the Controlled Substances
Act [21 U.S.C. 812].