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    36 States Mulling Drug Testing for Welfare Recipients

    This story comes from the Yahoo! Contributor Network, where individuals publish their unique perspectives on some of the world’s most popular websites.
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    Multiple states and pending federal legislation may soon change the nature of America's government entitlement programs. Proposed laws in nearly 36 states and U.S. Senator David Vitter's Drug Free Families Act would mandate drug testing for welfare recipients and participants in other taxpayer funded social services programs. Florida passed a similar law last month, but testing is temporarily halted due to a lawsuit alleging Fourth Amendment violations of unreasonable search and seizure.

    Drug Free Families Act

    Senate Bill 83 seeks to amend Social Security Act Title IV to include a drug testing requirement for Temporary Assistance to Needy Families (TANF) program participants. If the federal law is passed, pending legislation in a growing number of states will no longer be necessary. The law would require any state offering financial assistance to adult recipients for illegal drug use. Entitlement program assistance will be denied if an individual tests positive or is convicted of a drug-related crime. Aid cannot be restored until a drug treatment program is completed and the potential recipient tests negative for drugs during a 6-month period after treatment.

    State Drug Testing Legislation

    Florida Governor Rick Scott campaigned on the issue of drug testing for welfare and signed a bill initiating the program into law in late October. Testing began several weeks ago but ended when a lawsuit filed by the American Civil Liberties Union (ACLU) temporarily ended the practice. Language contained in the executive order mirrors that in the proposed federal legislation. Florida's law also includes mandatory drug testing of all state employees. A final ruling has not been issued in the lawsuit, which cites Fourth Amendment concerns, but is expected by the end of the year. Additional states with pending or preliminary welfare drug testing measures include Louisiana, Oklahoma, Alabama, Ohio, Missouri, Arizona and Indiana.

    Michigan Welfare Drug Testing Precedent

    Michigan attempted to implement a mandatory welfare drug testing program in 2000. The law was opposed by the American Civil Liberties Union all the way to the Supreme Court. Justice Ruth Bader Ginsburg wrote the majority decision in the case. Ginsburg stated that drug testing was an act of unreasonable search and seizure and violated Fourth Amendment protections. She further stated the state can only impose drug tests in cases where public safety is at risk.

    The precedent set in the nearly decade old Michigan case is being swung by the ACLU like a heavy club in the pending Florida case. Defense attorneys representing the single father who filed an invasion of privacy complaint point to Gingburg's comments as a reason to terminate drug testing of TANF recipients in Florida. A provision in the law allows the state to share positive test results with law enforcement and a drug abuse hotline.

     
    • bug  •  Albany, New York  •  2 mths ago
      It makes absolutely no sense that people are against this, but have no problem with drug tests for people seeking jobs. If drug testing is a violation of the 4th Amendment, no one should be subjected to it. It's apparently "unreasonable search and seizure." Why am I forced to be clean to WORK, but they can do whatever they want for their free money? You shouldn't demonize people who are trying to find jobs, which, incidentally, pay for these peoples' welfare checks.
    • DavidN  •  Mount Prospect, United States  •  5 mths ago
      It seems that Americans are all too willing to give up their freedoms these days. Although this may seem like a good idea on the surface… 'Why shouldn’t we be assured we aren’t subsidizing someone’s drug habit with taxpayer money?' But no one seems to be considering the very real fact that drug tests and administrators of said tests are fallible. There will be false positives. There will be samples that are mislabeled, or lost. There will be innocent people forced to deal with yet another ineffective government plan to control its population. And what’s the recourse for someone subject to one of the aforementioned problems? This situation is one where the person will be considered guilty until innocence is proven, at what I imagine will be considerable cost and time, to someone who is already in a compromised position. It might be suggested that the government's real motivation is to make the process so cumbersome that people will be deterred from drawing benefits, and they'll just give up out of frustration.
    • viet vet  •  Darwin, Australia  •  5 mths ago
      First should be anyone payed by the government, including all of congress . Urine test should be given everytime they meet to vote.
    • JD  •  Dallas, United States  •  5 mths ago
      I personally would love to see the law changed....do dope, don't apply, do dope you will need
      to get a job....
      People screaming that this potential law is an invasion of civil rights....yet if I apply for a job
      I have to be drug screened and it is not a violation? As I see it, it is voluntary, if you want a handout prove that you are worthy and drug free....there should be a time limit of how long you can be on the government dole...for alot of folks consider welfare as a career...lifetime
      and then the cycle never gets broken, generation after generation feel that it is their due to
      draw as much welfare as they can get, including substidized housing, Medicaid, and
      anything else out there that they can get...and most of these folks fel it is owed to them...
      as a person who has worked all of her life and was a single mother with no child support
      though court awarded it, I think not only should they be drug tested but the requirements
      should be more stringent and a time limit placed ....and the WIC program should be
      discontinued all together....it is a most highly abused and wasteful program...and alot
      of illegals on it...
    • stephanie  •  Sioux Falls, United States  •  5 mths ago
      so does that mean that all these years that I had to submitt to Drug testing to work was a violation of my rights? This is insane test them all. They have the option submitt a drug test and recive assistance or go get a job. If they have nothing to hide then why refuse it. Must be one of those fradulanty on the sytem like the lady in seattle in the million dollar house. I know Of people capable of working who have been offered jobs but refuse them cause its easier to live off the system. Yet over half of my income each month goes out in taxes and child support. My taxes pay thier assistance therefore Im paying for them to sit at home on thier butts and I dont even get so much as a tax break for it.
    • Norman  •  Pensacola, United States  •  5 mths ago
      Well it's about time.
    • NO-MORE-WAR  •  6 mths ago
      DRUG TEST POLITICIANS,,,,,,,END OF STORY!!
      • Texas 6 mths ago
        Seems like you need to take a drug test.
      • NO-MORE-WAR 6 mths ago
        Took one for my job, got anymore #$%$ remarks? I'm a teacher too, I bet that'll burn your #$%$
      • compdocjoe 5 mths ago
        Don't you know politicians are exempt from drug testing?
    • I'm your Huckleberry  •  Boulder, United States  •  6 mths ago
      If you are going to test welfare recipients, then all those in public office, those who work for the gov't, those who work for the state, those who work for the city, those who get any amount of taxpayer money as a wage should be tested as well.

      Fair is fair.

      But why stop there? Let's start testing ALL school children, even those in religious schools and home schooled. No child is exempt. Let's make the drug-testing industry the next big boom, much like big pharm has been the last 20 years. Let's legislate profit for a few select companies.
      • rich 6 mths ago
        Most already are tested meathead.
      • Digger 6 mths ago
        I'm all for it. I'm already tested.
      • CommonCents 6 mths ago
        I am subject to random testing and have been tested several times...Doesn't bohter me, its a requirement of my job...and its my choice to take the kind fo job that requires testing...If these people want free money taking a simple test should not be a problem...
    • reallywanttoknow  •  5 mths ago
      No person is being required to take a drug test. There is no 4th Amendment argument to be made. It is not mandatory. If you don't want to take a blood test, don't sign up for taxpayer assistance. Easy and simple.

      If you sign up for unemployment, you are required to report where you applied for work. Is this an invasion of privacy or a prerequisite for receiving assistance?
    • Rainhorse2003  •  Fayetteville, United States  •  6 mths ago
      How about a drug free D.C.,,,Lead by example you pigs
    • postalmarksman  •  6 mths ago
      welfare is a voluntary program, drug testing is a voluntary program. there is no constitutianal problem
    • jaggedbeer  •  6 mths ago
      "Ginsburg stated that drug testing was an act of unreasonable search and seizure and violated Fourth Amendment protections"

      And yet, I have to submit one everytime I accept a job. This is MANDATORY. If it's unreasonable for them, why do I have to do it?
    • Blue Mountain  •  6 mths ago
      Since corporations are now citizens, according to John Roberts, then can we drug test welfare receiving entities like Bank of America, JP Morgan Chase, etc.?
    • compdocjoe  •  5 mths ago
      The Florida Governor's wife owns the drug testing lab. Coincidence?
    • Charles  •  Romeoville, United States  •  6 mths ago
      how about we quit giving them help then the aclu has no worry. we cant make them take a drug test then we dont have to give them help its all voluntary.
      • jr 6 mths ago
        CHARLES: well said, thank you for your post, jr
    • dgrubb67526  •  Wichita, United States  •  6 mths ago
      Public risk to safety? How about NOT having enough money for police and fire due to aiding a drug habit via tax dollars? I do totally think that is a risk to the public. Don't you?
    • U Hairy Tick U  •  Delaware, United States  •  5 mths ago
      I'm a liberal and this sounds fairly reasonable..the moneys for food after all, and if your suckin the public teat don't be wasting money on dope.. Wait till your able to afford your bad habits on your own.
    • DENNIS  •  6 mths ago
      They need to do same randomly for state, county and local workers as well.
    • Randall  •  El Dorado, United States  •  6 mths ago
      The Welfare workers get drug tested... why not all the Welfare recipients too? Seems fair to me and everyone else.
    • Joe  •  6 mths ago
      Oh hell yes
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