US Code

Public Law 119-83 (04/13/2026)

42 U.S.C. § 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) 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

section 12211(b)(3) of this titleNotwithstanding subsection (a) and , 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

21 U.S.C. 801The term “illegal use of drugs” means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act [ 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

21 U.S.C. 812The term “drug” means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act [].

Pub. L. 101–336, title V, § 511104 Stat. 375 Pub. L. 110–325, § 6(a)(2)122 Stat. 3558 (, formerly § 510, , ; renumbered § 511 and amended , (3), , .)

Editorial Notes

References in Text

Pub. L. 101–336104 Stat. 327 section 12101 of this titleThis chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning , , , which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 91–51384 Stat. 1242 section 801 of Title 21The Controlled Substances Act, referred to in subsec. (d)(1), is title II of , , , which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Prior Provisions

section 511 of Pub. L. 101–336section 12211 of this titleA prior was renumbered section 512 and is classified to .

Amendments

Pub. L. 110–325, § 6(a)(3)section 12211(b)(3) of this title2008—Subsec. (c). , made technical amendment to reference in original act which appears in text as reference to .

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–325section 8 of Pub. L. 110–325section 705 of Title 29Amendment by effective , see , set out as a note under , Labor.