{"identifier":"/us/usc/t42/s12210","title":42,"num":"\u00a7\u202f12210.","heading":"Illegal use of drugs","text":"\u00a7\u202f12210.\nIllegal use of drugs\n(a)\nIn general\nFor purposes of this chapter, the term \u201cindividual with a disability\u201d 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.\n(b)\nRules of construction\nNothing in subsection (a) shall be construed to exclude as an individual with a disability an individual who\u2014\n(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;\n(2) is participating in a supervised rehabilitation program and is no longer engaging in such use; or\n(3) is erroneously regarded as engaging in such use, but is not engaging in such use;\nexcept 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.\n(c)\nHealth and other services\nNotwithstanding subsection (a) and\nsection 12211(b)(3) of this title\n(d)\n\u201cIllegal use of drugs\u201d defined\n(1)\nIn general\nThe term \u201cillegal use of drugs\u201d means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act [\n21 U.S.C. 801\n(2)\nDrugs\nThe term \u201cdrug\u201d means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act [\n21 U.S.C. 812","url":"https://projectusc.org/usc/t42/s12210.html","content":[{"t":"sec","id":"/us/usc/t42/s12210","children":[{"t":"num","text":"\u00a7\u202f12210."},{"t":"heading","text":"Illegal use of drugs"},{"t":"subsec","id":"/us/usc/t42/s12210/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"For purposes of this chapter, the term \u201cindividual with a disability\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s12210/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Rules of construction"},{"t":"chapeau","text":"Nothing in subsection (a) shall be construed to exclude as an individual with a disability an individual who\u2014"},{"t":"para","id":"/us/usc/t42/s12210/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12210/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" is participating in a supervised rehabilitation program and is no longer engaging in such use; or","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12210/b/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" is erroneously regarded as engaging in such use, but is not engaging in such use;","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s12210/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Health and other services"},{"t":"content","children":[{"t":"p","text":"Notwithstanding subsection (a) and ","children":[{"t":"ref","text":"section 12211(b)(3) of this title","href":"/us/usc/t42/s12211/b/3","tail":", 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."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s12210/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"\u201cIllegal use of drugs\u201d defined"},{"t":"para","id":"/us/usc/t42/s12210/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The term \u201cillegal use of drugs\u201d means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act [","children":[{"t":"ref","text":"21 U.S.C. 801","href":"/us/usc/t21/s801","tail":" 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."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12210/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Drugs"},{"t":"content","children":[{"t":"p","text":"The term \u201cdrug\u201d means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act [","children":[{"t":"ref","text":"21 U.S.C. 812","href":"/us/usc/t21/s812","tail":"]."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}