Written by attorneys · grounded in primary & secondary sources — see below
The consumption of controlled substances in violation of applicable law.
Sources & Authorities
How it applies
Common Examples
2
Judge Removed for Drug Use
Judge Imran Iyer begins using illegal drugs and repeatedly misses scheduled hearings while seeking treatment. The judicial conduct commission finds the conduct prejudicial to the administration of justice and a gross dereliction of duty. The commission removes Iyer from office and denies retirement benefits.
School Restricts Drug-Promotion Banner
High-school student Joseph Frederick displays a banner reading BONG HiTS 4 JESUS at a school-supervised event. The principal confiscates the banner, concluding it promotes illegal drug use. Frederick sues, but the Court holds the restriction constitutional because protecting students from messages encouraging illegal drug use is a sufficiently important interest.
Select any source to read its text and confirm it supports the definition.
Cases
Casebooks
Common questions
Frequently Asked
4
Does a judge's illegal drug use justify removal even with treatment efforts?+
Yes. Voluntary illegal drug use by a judge, even when paired with treatment efforts, combined with absenteeism, constitutes conduct prejudicial to the administration of justice and gross dereliction of duty. Such conduct undermines public confidence and demonstrates lack of fitness for judicial office.
Supporting sources
May a public school restrict student speech promoting illegal drug use?+
Yes. A public school may restrict student speech at a school-supervised event when the speech is reasonably viewed as promoting illegal drug use. Protecting students from messages encouraging illegal drug use is a sufficiently important interest to justify the content-based restriction.
Supporting sources
Does current illegal drug use exclude a person from ADA disability protection?+
Yes. For purposes of the ADA, 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. Former users who have completed rehabilitation and are no longer using drugs receive protection.
Supporting sources
Can false attribution of illegal drug use support a tort claim for invasion of a protected interest?+
Yes. A false internal posting that an employee tested positive for illegal drugs invades the employee's legally protected interest in reputation and emotional well-being. The resulting insomnia and depression constitute harm even without economic loss or physical impairment.
Supporting sources
139 S. Ct. 2294 (2019)Property
…[in connection with] worship” and because “Christians would be morally outraged by a statement that connects Jesus Christ with illegal drug use.” Office Action of Mar. 15, 2008, Serial No. 77305946. And the PTO refused to register trademarks associating religious references with products (AGNUS DEI for safes and MADONNA for wine)…
TortsNegligence · Limitations on liability and special rules of liabilityUBEIntermediate