ADA Title II Action Guide for State and Local Governments

Illegal Use of Drugs

A public entity may withhold services or benefits from a person who is currently engaging in the illegal use of drugs. "Current use" is the illegal use of controlled substances that occurred recently enough to justify a reasonable belief that a person's drug use is current or that continuing use is a real and ongoing problem. A public entity should review carefully all the facts surrounding its belief that an individual is currently taking illegal drugs to ensure that its belief is a reasonable one. That some states have adopted medical and/or recreational marijuana use does not affect the ADA. Under federal law, cannabis is treated like every other controlled substance, such as cocaine and heroin and is illegal. It’s important to note that a person with a history of drug use who has been successfully rehabilitated or someone who is participating in a drug rehabilitation program and currently not engaging in the illegal use of drugs is protected. Also health care and drug rehabilitation services cannot be denied to a person on the basis of that person's current illegal use of drugs if the person is otherwise qualified to receive such service.