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Welfare Drug Testing Bills Introduced in Four States [FEATURE]

Submitted by Phillip Smith on (Issue #667)
Politics & Advocacy

drug testing lab -- corporate welfare carrying out an ineffective strategy?
Critics of welfare drug testing cite unconstitutionality of warrantless drug testing, the cost of drug testing tens or hundreds of thousands of people, counterproductive results and mean-spiritedness in opposing legislation that would require it. But that hasn't stopped legislators from coming back again and again.

With this year's state legislative season barely under way, bills have been introduced in four states -- Kentucky, Missouri, Nebraska, and Oregon -- to require drug testing for people receiving public assistance. And in a novel twist, a bill in Indiana would require unemployment recipients to declare they are not using illegal drugs and threatens them with up to three years in prison for perjury if they are found to be using them.

But while such bills may be popular with politicians of a certain stripe, they don't find much support among professionals in the field. Groups that have lined up against such bills include the American Public Health Association, the National Association of Social Workers, the National Association of Alcoholism and Drug Abuse Counselors, the American College of Obstetricians and Gynecologists, the National Council on Alcoholism and Drug Dependence, the Association of Maternal and Child Health Programs, the Center for Addiction and Mental Health, the National Health Law Project, the National Association on Alcohol, Drugs and Disability, National Advocates for Pregnant Women, the National Black Women’s Health Project, the Legal Action Center, the National Welfare Rights Union, the Youth Law Center, the Juvenile Law Center, and the National Coalition for Child Protection Reform.

The American Civil Liberties Union (ACLU), which successfully litigated against Michigan's welfare drug testing law, has also come down strongly against welfare drug testing. Such laws are "scientifically, fiscally, and constitutionally unsound," in the ACLU's opinion. The group cites studies showing welfare recipients are no more likely to use drugs than the rest of the population and that 70% of illicit drug users are employed. It also cites research showing that drug testing is an expensive, but ineffective way to uncover drug abuse. (Full citations and more information are available at the ACLU link above.)

But the kicker for the ACLU is the unconstitutionality of warrantless drug testing by the state, as determined by the US 6th Circuit Court of Appeals in the Michigan case. Michigan was the only state to actually implement a welfare drug testing program, but the appeals court found that the program violated the Fourth Amendment's provision barring unreasonable searches.

The persistence of such attempts is drawing concern from the drug reform community as well. Given the fiscal pressures facing the states, legislators could be even more susceptible to pseudo-populist demagoguery than usual.

"I am quite concerned that recurring legislative proposals to require drug testing of welfare and/or unemployment applicants and beneficiaries will gain new momentum with the budget crises confronting so many states, and also in Congress," said Ethan Nadelmann, executive director of the Drug Policy Alliance (DPA). "The proposals are mean-spirited, counter-productive and will ultimately cost much more than they save by depriving needy Americans of access to benefits. DPA will do all it can to ensure that these proposals do not become law."

"These kinds of laws aren't going to stop someone who is addicted from being addicted," said Richard Wexler, executive director of the National Coalition for Child Protection Reform. "They're just going to drive them further away from getting any kind of help. Also, it is often poverty that causes the stress that helps create addiction. If you make someone poorer, you just deepen that despair," he pointed out.

"If you really want to deal with the problem of addiction, provide treatment on demand," Wexler offered. "And if people are worried that not everyone will take advantage of it, let's put that to the test. Make drug treatment immediately available and see if the claim that people will turn it down has any merit."

But nobody is offering treatment on demand. Instead, legislators are offering up a stick with no carrot.

In Kentucky, a bill championed by Rep. Lonnie Napier (R-Lancaster), HB 208, would require all adults applying for public assistance to undergo drug tests, followed by random testing once a year. The measure would apply to all adults receiving or applying to receive food stamps, cash assistance, or Medicaid. Although Napier told the Richmond Register a positive test result would not necessarily result in the loss of benefits, the bill itself says that a positive test will make the individual "ineligible" for public assistance.

"There’s people buying food with food stamps and trading that food for drugs. Children are not getting benefit from it. Children do not need to be in a home where drugs are present," the loquacious Napier told the Register. "Maybe it could get people off drugs. Drugs are breaking the state up. If we could get a few people off drugs, it would be worth it," he said.

But Napier's assertion about trading food stamps for drugs appears to be based on little more than hearsay. "People tell me people are abusing the system," he said. "If you knew you were to be tested, you'd want to be clean."

Still, Napier's bill has some powerful friends. Among its cosponsors are House Speaker Greg Stumbo (D-Prestonburg) and House Minority Leader Danny Ford (R-Mt. Vernon).

In Missouri, Rep. Ellen Brandom (R-Sikeston) is pushing HB 73, which would require a drug test for anyone applying for or receiving public benefits if there is "reasonable cause" to believe they are using drugs. Failure to pass the drug test would result in the suspension of benefits for one year, and the person would then have to apply to be reinstated in the program.

Brandom told Kansas City's KCTV 5 that she was doing it for the taxpayers. "They're very resentful that they're working hard, and have to take a drug test to work," Brandom said. "The people who aren't working can receive their tax dollars, and don't have to be held to the same high standard."

That bill passed the House Rules Committee on an 11-4 vote last week and is set for a House floor vote this week. A similar measure passed the House last year, but died in the Senate.

A welfare drug testing bill has also been introduced in Nebraska. The Chronicle covered it last week; you can read about it here.

In Oregon, there are two separate bills aimed at recipients of public assistance. State Sen. Bruce Starr (R-Hillsboro) has introduced SB 538, which would require all people receiving welfare and food stamps to be take a drug test each six months -- at their own expense. A positive test result would result in the termination of public assistance.

And state Rep. Dennis Richardson (R-Central Point) has introduced HB 2995, which would require those applying for unemployment benefits to first pass a drug test. Those who tested positive would have to enter drug treatment or give up their benefits.

Richardson's bill has not yet been assigned to a committee. Starr's bill was assigned Tuesday to the Senate Health Care, Human Services and Rural Health Committee. No hearing dates have been set.

And then there's Indiana. In the Hoosier State, state Sen. Jean Leising (R-Oldenburg) has introduced SB 86, which would require people seeking unemployment benefits to declare on their applications that they will refrain from any illegal drug use. The bill also says that applicants are subject to "penalty of perjury" if they sign a declaration and then are found to be using drugs. Perjury carries a prison sentence of up to three years in Indiana.

"In employers' eyes as well as many Hoosiers' eyes, there is something wrong with the system if unemployment applicants are able to receive taxpayer money that may, in fact, be used to purchase controlled substances and lead to them being unqualified to work," Leising said in a press release. "This is an issue legislators need to review."

The bill is moving. It passed out of the Senate Pensions and Labor Committee last week.

The battle over welfare and/or unemployment drug testing is going to have to be fought again and again. In addition to the states that have bills this year, similar legislation has been proposed since 2008 in Texas, Rhode Island, Missouri, Nebraska, Georgia, Kansas, West Virginia, and Arizona. The impulse to target the poor and disenfranchised remains strong and is made even stronger by the dire fiscal position in which the states find themselves. The bright side is that, so far, that impulse has not prevailed.

Permission to Reprint: This content is licensed under a modified Creative Commons Attribution license. Content of a purely educational nature in Drug War Chronicle appear courtesy of DRCNet Foundation, unless otherwise noted.

Comments

Anonymous4563 (not verified)

I live in an area ..near an Native American Reservation. Where public assistance is often traded for mainly alcohol.. since the drugs can be prescribed and paid for with Medicaid. The children come to school ..occasionally, to get a decent meal.. sometimes their only meals are school lunches. many are borderline FAE/FES.. with learning disabilities who slip thru the cracks. Head Lice, scabies, ring worm, et.al.. are rampent, in fact, just a few days ago, a little first grade girl was taken aside and asked to tell "Mommy" not to send her to school until the Head Lice were treated.. the parasites visably crawling on the little girls forehead and in her hair; the mother refuses to comply - she has 6 children (often disappearing for days and weeks - forcing the siblings to fend for themselves). Call Social Services! you may say.. Ha.. if you want to be targeted, vandalized, threatened, beat up.. go ahead.. make the call. After all, in an area where everyone is your relative.. nothing gets done. Drug Abuse? In this area, as with other areas - cleaning solutions, mouth wash.. Advil, Corrocidin, Cough Medicines.. Air Duster (Aerosol huffing), Gasoline .. you name it. If you can get high from it. it is abused. I do not agree with the Disease Model of addiction.. as people choose this lifestyle, it's not random - the only afflicted are the children! The generational dysfunction is maddening, the only way to stop this is to educate and hope to teach a new way of life - the progression of alcoholism and drug addiction breeds apathy..and indifference. Drug testing for assistance... hmmm, and what about selling you children as deductions to others so they can qualify for the Earned Income Credit on the Federal Tax Return. There are so many abuses in many areas of Government - on both sides.. from misapproriation of funding to extortion.. it happens on both sides.. not just the recipients of assistance.. Drug testing will not solve anything; it will only appease the self righteous. Here's an idea: if those that choose to continue to use drugs - instead of drug testing on animals.. use these people for drug testing, afterall, they are using voluntarily. They should be excited to try new experimental drugs.. Legally! ..just a thought.. if they want to experiment.. why not be useful and productive ..for the common good of all mankind??
Fri, 02/25/2011 - 8:09am Permalink
hoperk69 (not verified)

been awhile since someones posted here but i thought i'd throw my 2 cents in anyway am i to believe that taking food out of childrens mouths because a parent may take a puff off a joint once in awhile is acceptable? really with all the thing being done with your taxes (such as iraq afghanistan & now libya) your best ideas to eliminate waste is this? im not a user but i could see how things could drive someone to try and take the edge off.
Fri, 03/25/2011 - 9:26pm Permalink
Randy in Louisiana (not verified)

Will it stop there?

Here in Louisiana, we have laws set up to cover lots of illegality: police corruption as relates to citizen encounters; lack of mabdate to digitally record search-related documents (allowing backdating on a daily basis); lack of mandate to record citizen encounters (can you say POV?); legal malpractice by "go-along" attorneys; immunities for the entire "justice" community; short expirations of time limits for the aggreived to act in seeking redress.

My concern, especially here in Louisiana where we have lots of poor and uninformed (but plenty 'o lawyers too, so don't you fret none fo' us no!), is: where will it stop?

Thu, 06/23/2011 - 11:42am Permalink
Anonymous2 (not verified)

i agree with drug  testing for  walfare  , if they are not useing drugs   they wouldnt weary  , about not getting help , they can drug test you for a job  so  there should be drug testing for  free money

Thu, 12/29/2011 - 6:20pm Permalink
MawMaw (not verified)

What is the real issue here? Where our hard earned tax dollar is going while the government is sucking us dry?Where our Country and our government is, is not EVEN anywhere close to where we started out and was intended to be!  Let's face it, government is out of control! We the people are out of control.....of the government! Which IS how it was intended! WE have this false sense that WE have some control because WE get to vote for our government officials! Ha!!! Those of us who have our heads out of the sand know better. It's the wealthy and elite funding the campaigns and lobbyist who are in control!  It's all the high class Owners and Big Wigs of the Oil Co.s, Pharmaceutical Co.s, Insurance Co.s, Corporate Law Firms, Land Barons, and Media Co.s ---Did I forget anyone?--- Oh yea BANKERS that ARE in control!  Everyone posting on this subject is squabbling over whether a few million dollars should or shouldn't be spent on drug testing to decide if our poor are worthy of the crumbs the government throws them while Big Brother is robbing us blind!! Wasting, Squandering, Stealing, and Padding THEIR Pockets with trillions of our hard earned dollars!!! The way the governments so called welfare programs are set up discourage trying to help yourself.  If they get a minimum wage job, which is usually all they can get, they loose their food stamps and health care for their kids. Which would you do? Have free healthcare coverage and free food or,  work your but off for minimum wage and barely have enough for rent, utilities, and gas to get  to your min. wage job and, not have any left over for food and the doctor if your kids are sick, which by the way, they will be if you can't afford to feed them! Hell, no wonder their on drugs! This is what they want! Keep the poor down and drag the middle class down too by taxing their asses off to pay for it and, the funding to send OUR sons and daughters off to be killed in a war for THEIR oil and all the while they just set back and get richer. They ARE eliminating the middle class!  Everyone needs to wake up and see where the REAL problem is! 

Fri, 01/20/2012 - 9:49am Permalink
katie (not verified)

I don't care if they use drugs. I just don't want to be the one paying for them! I don't want my children to be deprived because my tax dollars go to support them. My daughter 27 just moved home because she could not get welfare and her 2 jobs were not paying enough for rent, utilities and gas. She is single with NO children. $150 in food stamps, she ate good on that!

If they want our money they can have it, just be clean and drug free. I also think they should have to get an IUD so they don't keep having children on our dollar.

I want to help jobless and the working poor not the druggies. Most of the people on drugs I know don't want treatment... they like where they are and how they feel. My brother in law gets full state disability (I know it's not quite the same but) He gets $800 and month he pays $100 for rent and food, he lives at mom's and eats with her the rest is spent on fishing and alcohol.  I know many that couch hop and buy meth with their money, or live with the parents and have grandma raise the kids.

And all these people:

"American Public Health Association, the National Association of Social Workers, the National Association of Alcoholism and Drug Abuse Counselors, the American College of Obstetricians and Gynecologists, the National Council on Alcoholism and Drug Dependence, the Association of Maternal and Child Health Programs, the Center for Addiction and Mental Health, the National Health Law Project, the National Association on Alcohol, Drugs and Disability, National Advocates for Pregnant Women, the National Black Women’s Health Project, the Legal Action Center, the National Welfare Rights Union, the Youth Law Center, the Juvenile Law Center, and the National Coalition for Child Protection Reform."

are just worried about their jobs and money. Less druggies less work for them. Healthier children and oh, less work. No drug babies, guess what, less work. Get a real job not one that is Federally sponsored.

Well if you have a caring heart you get to the bottom issue... stop the abuse. No money no abuse. Okay I have ranted long enough. As you can see I am for drug testing. Clean up the USA! Get working, work hard, get imaginative, create, be great again, be self supported, then be proud and happy.

Oh, one last thing, my husband has be working the same job for 32 years, yeap! you guessed it hey have random drug testing. Refuse, loose your job!

Mon, 01/30/2012 - 4:31pm Permalink
R.Cole (not verified)

I have noticed that all these lobby groups are the same folks that backed the Bradley Bill for child support. I,m a non-custodial parent that has to pay it. I also drove a truck for almost 40 years. I had to take randum tests all the time. I have been in and out of the hospital because of health issues. They are trying to send me to prison because I got sick. You wanted the Bradley Bill passed. Be careful what you wish for. If I have to take a drug test to put money into welfare, then anyone collecting it should have to take a drug test to collect it. I think that custodial parents should have to take a drug test as well. Its time to start exposing the real deadbeats in the system.

Mon, 07/02/2012 - 5:42am Permalink
ford (not verified)

shaking my head, United States has brought back Hilter, to rule our lives according to how they feel our lives should be lived.  Why not just take away pay checks and stand in line for food, shelter, schooling ect. on, we don't deserve anything nowadays because this is not the land of the free, no one in United States have a brain!!!!

Mon, 07/09/2012 - 8:06pm Permalink
who knows (not verified)

if i have to be drug tested to get a decent job then anyone living on my tax money should be drug tested as well. only an idiot would think otherwise. drug testing for everyone including politicians or no one.

Mon, 01/21/2013 - 2:04pm Permalink

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