Code of Federal Regulations Title 29. Labor § 29.1630.3 Exceptions to the definitions of “Disability” and “Qualified Individual with a Disability.”

(1) 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)

(2) Illegal use of drugs means the use of drugs the possession or distribution of which is unlawful under the Controlled Substances Act, as periodically updated by the Food and Drug Administration. This term does not include the use of a drug taken under the supervision of a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law.

(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 the illegal use of drugs;  or

(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.

(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.