§12210 Illegal Use of Drugs

Summary

People who are currently using illegal drugs are not treated as having a disability under this law when organizations covered by the law act because of that drug use. That exclusion does not apply to someone who finished a supervised rehab program and is no longer using drugs, someone who is in a supervised rehab program and not using, or someone who is wrongly thought to be using but is not. Covered organizations may use reasonable rules, including drug testing, to make sure people in rehab are not using, but the law itself does not say whether testing must or must not be done. A person cannot be denied health care or drug-rehab services just because they currently use illegal drugs if they are otherwise entitled to those services. "Illegal use of drugs" means using, possessing, or selling substances made unlawful by the federal Controlled Substances Act; it does not include drugs taken under a doctor’s supervision or other uses allowed by federal law. "Drug" means a controlled substance listed in schedules I through V.