---
kind: "section"
citation: "42 U.S.C. § 12210"
title: "42"
title_heading: "The Public Health and Welfare"
number: "12210"
heading: "Illegal use of drugs"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/12210"
units:
  - "Chapter 126 — Equal Opportunity for Individuals with Disabilities"
  - "Subchapter IV — Miscellaneous Provisions"
---

# §12210. Illegal use of drugs

- (a) **In general—** For purposes of this chapter, the term “individual with a [disability](/usc/42/12102.md?p=1)” does not include an individual who is currently engaging in the [illegal use of drugs](/usc/42/12111.md?p=6-A), when the [covered entity](/usc/42/12111.md?p=2) acts on the basis of such use.
- (b) **Rules of construction—** Nothing in [subsection (a)](#a) shall be construed to exclude as an individual with a [disability](/usc/42/12102.md?p=1) an individual who—
  - (1) has successfully completed a supervised [drug](/usc/42/12111.md?p=6-B) rehabilitation program and is no longer engaging in the [illegal use of drugs](/usc/42/12111.md?p=6-A), 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](/usc/42/2000e–16a.md?p=c) of this chapter for a [covered entity](/usc/42/12111.md?p=2) to adopt or administer reasonable policies or procedures, including but not limited to [drug](/usc/42/12111.md?p=6-B) testing, designed to ensure that an individual described in paragraph [(1)](#b-1) or [(2)](#b-2) is no longer engaging in the [illegal use of drugs](/usc/42/12111.md?p=6-A); however, nothing in this section shall be construed to encourage, prohibit, restrict, or authorize the conducting of testing for the [illegal use of drugs](/usc/42/12111.md?p=6-A).

- (c) **Health and other services—** Notwithstanding [subsection (a)](#a) and [section 12211(b)(3) of this title](/usc/42/12211.md?p=b-3), an individual shall not be denied health services, or services provided in connection with [drug](/usc/42/12111.md?p=6-B) rehabilitation, on the basis of the current [illegal use of drugs](/usc/42/12111.md?p=6-A) if the individual is otherwise entitled to such services.
- (d) **“Illegal use of drugs” defined—**
  - (1) **In general—** The term “[illegal use of drugs](/usc/42/12111.md?p=6-A)” means the use of [drugs](/usc/42/12111.md?p=6-B), the possession or distribution of which is unlawful under the Controlled Substances Act [[21 U.S.C. 801](/usc/21/801.md) et seq.]. Such term does not include the use of a [drug](/usc/42/12111.md?p=6-B) 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](/usc/42/12111.md?p=6-B)” means a [controlled substance](/usc/42/11851.md?p=2), as defined in schedules I through V of section 202 of the Controlled Substances Act [[21 U.S.C. 812](/usc/21/812.md)].

## Source credit

(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.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables.

The Controlled Substances Act, referred to in subsec. (d)(1), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, 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 section 801 of Title 21 and Tables.

### Prior Provisions

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

### Amendments

2008—Subsec. (c). Pub. L. 110–325, § 6(a)(3), made technical amendment to reference in original act which appears in text as reference to section 12211(b)(3) of this title.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2008 Amendment

Amendment by Pub. L. 110–325 effective Jan. 1, 2009, see section 8 of Pub. L. 110–325, set out as a note under section 705 of Title 29, Labor.