42 USC 12210 - Illegal use of drugs

U.S Code last checked for updates: Nov 22, 2024

§ 12210.

Illegal use of drugs

(a)

In general

(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

(d)

“Illegal use of drugs” defined

(1)

In general

(2)

Drugs

(Pub. L. 101–336, title V, § 511, formerly § 510, July 26, 1990, 104 Stat. 375; renumbered § 511 and amended Pub. L. 110–325, § 6(a)(2), (3), Sept. 25, 2008, 122 Stat. 3558.)

cite as: 42 USC 12210