Under handicap status, are illegal drug users considered disabled?

• A. Yes
• B. No
• C. Only if they are in a treatment program
• D. Only if they have a documented medical condition

Answer: (B)

Handicap status under fair housing focuses on impairments that substantially limit major life activities (or a history of such impairments, or being regarded as having one). However, the law draws a clear line for drug use: a person who is currently engaging in illegal use of drugs is not considered disabled for purposes of protections. So, illegal drug users aren’t protected by disability status simply because of the drug use. If someone is no longer using illegal drugs and has a qualifying impairment, they may be protected, but current illegal drug use by itself does not confer disability status.