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42 U.S.C. § 12213 — Illegal use of drugs
Federal law — U.S. Code and appendices · legal_authorities
**(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** Notwithstanding subsection (a) and [section 12211(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12211/b/3&num=0&edition=prelim), 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** — The term “illegal use of drugs” means the use of drugs, the possession
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Source file: Laws/federal/codes/united-states-code/title-42/section-12213-illegal-use-of-drugs--0ea675567e.md
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Source location: Title 42, Chapter 126, § 12213; chapter-126-equal-opportunity-for-individuals-with-disabilities.md
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**(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** Notwithstanding subsection (a) and [section 12211(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12211/b/3&num=0&edition=prelim), 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** — The term “illegal use of drugs” means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act [[21 U.S.C. 801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section801&num=0&edition=prelim) 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** — The term “drug” means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act [[21 U.S.C. 812](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section812&num=0&edition=prelim)].
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Federal law — U.S. Code and appendices · legal_authorities
The Congress makes the following findings and declarations:
(1) Many of the drugs included within this subchapter have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people.
(2) The illegal importation, manufacture, distribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people.
(3) A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because—
(A) after manufacture, many controlled substances are transported in interstate commerce,
(B) controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution, and
(C) controlled substances possessed commonly flow through interstate commerce immediately prior to such possession.
(4) Local distribution and possession of controlled substances contribute to swelling the interstate traffic in such substances.
(5) Controlled substances manufactured and distributed intrastate cannot be differentiated from controlled substances manufactured and distributed interstate. Thus, it is not feasible to distinguish, in terms of controls, between controlled substances manufactured and distributed interstate and controlled substances manufactured and distributed intrastate.
(6) Federal control of the intrastate incidents of the traffic in controlled substances is essential to the effective control of the interstate incidents
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter, the term “disabled” or “disability” shall not apply to an individual solely because that individual is a transvestite.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There are established five schedules of controlled substances, to be known as schedules I, II, III, IV, and V. Such schedules shall initially consist of the substances listed in this section. The schedules established by this section shall be updated and republished on a semiannual basis during the two-year period beginning one year after October 27, 1970, and shall be updated and republished on an annual basis thereafter.11 See Amendment of Schedules of Controlled Substances note below.
**(b) Placement on schedules; findings required** Except where control is required by United States obligations under an international treaty, convention, or protocol, in effect on October 27, 1970, and except in the case of an immediate precursor, a drug or other substance may not be placed in any schedule unless the findings required for such schedule are made with respect to such drug or other substance. The findings required for each of the schedules are as follows:
(1) **Schedule I.—**
(A) The drug or other substance has a high potential for abuse.
(B) The drug or other substance has no currently accepted medical use in treatment in the United States.
(C) There is a lack of accepted safety for use of the drug or other substance under medical supervision.
(2) **Schedule II.—**
(A) The drug or other substance has a high potential for abuse.
(B) The drug or other substance has a currently accepted medical use in treatment in the United States or a currently accepted medical use with severe restrictions.
(C) Abuse of the drug or other substances may lead to severe psychological or physical dependence.
(3) **Schedule III.—**
(A) The drug or other substance has a potential for abuse less than the drugs or other substances in schedules I and
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 812
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Homosexuality and bisexuality** For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter.
**(b) Certain conditions** Under this chapter, the term “disability” shall not include—
(1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
(2) compulsive gambling, kleptomania, or pyromania; or
(3) psychoactive substance use disorders resulting from current illegal use of drugs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The State may use funds received under this subpart to provide the resources described in [section 796d(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796d/e&num=0&edition=prelim) (but may not use more than 30 percent of the funds paid to the State under [section 796e–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796e-1&num=0&edition=prelim) for such resources unless the State specifies that a greater percentage of the funds is needed for such resources in a State plan approved under [section 796d–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796d-1&num=0&edition=prelim)), relating to the Statewide Independent Living Council, may retain funds under [section 796c(c)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c/c/5&num=0&edition=prelim), and shall distribute the remainder of the funds received under this subpart in a manner consistent with the approved State plan for the activities described in subsection (b).
**(b) Activities** The State may use the remainder of the funds described in subsection (a)—
(1) to provide independent living services to individuals with significant disabilities, particularly those in unserved areas of the State;
(2) to demonstrate ways to expand and improve independent living services;
(3) to support the operation of centers for independent living that are in compliance with the standards and assurances set forth in subsections (b) and (c) of [section 796f–4 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796f-4&num=0&edition=prelim);
(4) to support activities to increase the capacities o
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 705
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Federal law — U.S. Code and appendices · legal_authorities
Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding, minitrials, and arbitration, is encouraged to resolve disputes arising under this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
Page 772
TITLE 21—FOOD AND DRUGS
§ 801
Sec.
831.
Additional requirements relating to online
pharmacies and telemedicine.
832.
Suspicious orders.
PART D—OFFENSES AND PENALTIES
841.
Prohibited acts A.
842.
Prohibited acts B.
843.
Prohibited acts C.
844.
Penalties for simple possession.
844a.
Civil penalty for possession of small amounts
of certain controlled substances.
845 to 845b. Transferred.
846.
Attempt and conspiracy.
847.
Additional penalties.
848.
Continuing criminal enterprise.
849.
Transportation safety offenses.
850.
Information for sentencing.
851.
Proceedings to establish prior convictions.
852.
Application of treaties and other inter-
national agreements.
853.
Criminal forfeitures.
853a.
Transferred.
854.
Investment of illicit drug profits.
855.
Alternative fine.
856.
Maintaining drug-involved premises.
857.
Repealed.
858.
Endangering human life while illegally manu-
facturing controlled substance.
859.
Distribution to persons under age twenty-one.
860.
Distribution or manufacturing in or near
schools and colleges.
860a.
Consecutive sentence for manufacturing or
distributing, or possessing with intent to
manufacture or distribute, methamphet-
amine on premises where children are
present or reside.
861.
Employment or use of persons under 18 years
of age in drug operations.
862.
Denial of Federal benefits to drug traffickers
and possessors.
862a.
Denial of assistance and benefits for certain
drug-related convictions.
862b.
Sanctioning for testing positive for con-
trolled substances.
863.
Drug paraphernalia.
864.
Anhydrous ammonia.
864a.
Grants
to
reduce
production
of
methamphetamines from anhydrous ammo-
nia.
865.
Smuggling
methamphetamine
or
meth-
amphetamine precursor chemica
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
Page 799
TITLE 21—FOOD AND DRUGS
§ 812
1 See Amendment of Schedules of Controlled Substances note
below.
3768, which enacted sections 801a, 830, and 852 of this
title, amended sections 352, 802, 811, 812, 823, 827, 841 to
843, 872, 881, 952, 953, and 965 of this title and section
242a of Title 42, The Public Health and Welfare, re-
pealed section 830 of this title effective Jan. 1, 1981, and
enacted provisions set out as notes under sections 801,
801a, 812, and 830 of this title. For complete classifica-
tion of this Act to the Code, see Short Title of 1978
Amendment note set out under section 801 of this title
and Tables.
This subchapter and subchapter II of this chapter, re-
ferred to in subsec. (g)(1), was in the original ‘‘titles II
and III of the Comprehensive Drug Abuse Prevention
and Control Act’’, which was translated as meaning ti-
tles II and III of the Comprehensive Drug Abuse Pre-
vention and Control Act of 1970, Pub. L. 91–513, Oct. 27,
1970, 84 Stat. 1242, 1285, to reflect the probable intent of
Congress. Title II is classified principally to this sub-
chapter and part A of title III comprises subchapter II
of this chapter. For complete classification of this Act
to the Code, see Short Title notes set out under section
801 of this title and Tables.
AMENDMENTS
2015—Subsec. (j). Pub. L. 114–89 added subsec. (j).
2014—Subsec. (i). Pub. L. 113–260 added subsec. (i).
2012—Subsec. (h)(2). Pub. L. 112–144 substituted ‘‘2
years’’ for ‘‘one year’’ and ‘‘1 year’’ for ‘‘six months’’.
2004—Subsec. (g)(1). Pub. L. 108–358, § 2(b)(1), sub-
stituted ‘‘drug which contains a controlled substance
from the application of this subchapter and subchapter
II of this chapter if such drug’’ for ‘‘substance from a
schedule if such substance’’.
Subsec. (g)
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 812
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Federal law — U.S. Code and appendices · legal_authorities
Page 8272
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12211
1 See References in Text note below.
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 tech-
nical amendment to reference in original act which ap-
pears 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.
§ 12211. Definitions
(a) Homosexuality and bisexuality
For purposes of the definition of ‘‘disability’’
in section 12102(2) 1 of this title, homosexuality
and bisexuality are not impairments and as such
are not disabilities under this chapter.
(b) Certain conditions
Under this chapter, the term ‘‘disability’’
shall not include—
(1) transvestism, transsexualism, pedophilia,
exhibitionism, voyeurism, gender identity dis-
orders not resulting from physical impair-
ments, or other sexual behavior disorders;
(2) compulsive gambling, kleptomania, or
pyromania; or
(3) psychoactive substance use disorders re-
sulting from current illegal use of drugs.
(Pub. L. 101–336, title V, § 512, formerly § 511, July
26, 1990, 104 Stat. 376; renumbered § 512, Pub. L.
110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 101–336, July 26, 1990, 104
Stat. 327, which is classified principally to this c
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12213
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