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Disability Nondiscrimination Law Advisor

Current Illegal Use of Drugs

Title I and Title II of the Americans with Disabilities Act of 1990 defines "current illegal use of drugs" to mean illegal use of drugs 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. See Appendix to 29 CFR 1630.3(a)-(c), 28 CFR 35.104.

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