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Mandatory Drug Testing Legislation

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Mandatory Drug Testing Legislation

Mandatory Drug Testing Legislation
The subject of our debate is whether or not public assistance recipients should be required to pass a mandatory drug test as a qualifying standard. There are currently twenty seven states considering some type of legislation this year that would require anybody wishing to receive public assistance to pass a drug test in order to do so. While on the surface this type of policy seems to make sense in order to regulate where a state uses its funds, there are many who see this practice as unconstitutional.
The controversy surrounding the legality of this proposed legislation centers around a U.S. Supreme court ruling that states that searches conducted without reasonable suspicion violated safeguards set forth by the 4th amendment. It categorized random drug testing as an unconstitutional search under this ruling except in cases where there is a “special need”. It is this “special need” classification that seems to be the sticking point for both sides of the debate. Those who favor the legislation say the fact they are applying for public assistance qualifies them to be legally tested for narcotics while the people that oppose it argue the opposite.
Another point of controversy has been the overall cost effectiveness of the program in states where it is already in effect. In Florida currently two percent of all people tested as a requirement to receive public assistance have tested positive for drugs. The ninety eight percent that passed are fully reimbursed for the drug test they pay for up front immediately after their favorable results are reported. The two percent who fail their drug test lose the money they pay for the testing and are declared ineligible to collect any benefits. Needless to say the state of Florida is not currently disqualifying enough recipients due to positive drug tests to offset the cost of all the satisfactory drug tests they issued reimbursements for. Previously the state of Michigan had enacted the same legislation for a five week period and saw only eight percent of their applicant test positive for drugs ("Settlement Reached in ACLU of Michigan Lawsuit Over Mandatory Drug Testing of Welfare Recipients, 2011).
Florida has recently seen its legislation requiring drug testing prior to receiving assistance temporarily blocked by a federal judge in response to a lawsuit filed by the American Civil Liberties Union. Judge Mary Scriven issued the ruling with the statement that the current legislation may violate the Constitution’s ban on unreasonable searches and seizure (“Florida Welfare Drug-Testing Law Blocked by Judge”, 2011). The lawsuit originated when a 35 year old Navy veteran and single father refused to take the test as terms of him receiving public assistance while finishing college. He felt that this was a violation of his civil rights as no reasonable suspicion existed that he had taken any type of illegal drugs.
History may tell us that this temporary blocking of the legislation is a precursor to its ultimate demise. In 1997 Michigan enacted legislation that required all state welfare recipients to submit to random drug testing or comply with a mandatory substance abuse treatment policy. The outcome of that legislation being enacted was a preliminary injunction being put in place in 2000 followed by a seven year legal battle between the ACLU and the state of Michigan on the legality of the new policy. The outcome was a settlement being reached in 2003 that only allows Michigan’s Family Independence Agency to test welfare recipients for drug use when reasonable suspicion exists ("Settlement Reached in ACLU of Michigan Lawsuit Over Mandatory Drug Testing of Welfare Recipients, 2011).

References

Associated Press. "Florida Welfare Drug-Testing Law Blocked by Judge."The Wall Street Journal. N.p., 24 Oct. 2011. Web. 30 Oct.2011.
"Settlement Reached in ACLU of Michigan Lawsuit Over Mandatory Drug Testing of Welfare Recipients." American Civil Liberties Union. N.p., 18 Dec. 2003. Web. 30 Oct. 2011.

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