Drug Testing Welfare Recipients Having Mixed Results

drug testingLast summer, Tennessee became one of 12 states requiring drug testing of certain welfare recipients prior to receiving benefits. Six months after the fact, the number of recipients who have been denied benefits due to suspected drug use is relatively small. Similar results have been reported among other states with drug testing programs in place. Depending on who you talk to, the laws and their respective results can be good or bad.

Before getting to the debate, let us look at the raw numbers from Tennessee. According to the Tennessean, just over 16,000 people applied for the state's Family First cash assistance program from July through December of last year. Thirty-seven were denied benefits after testing positive for drugs. Another 81 applicants did not complete the application process after being asked to take a drug test. That means 107 people would be considered, at least statistically, to have been impacted by Tennessee's law.

Some Tennessee lawmakers hail the low numbers as proof that the law is working. They claim that the mere threat of being caught encourages welfare recipients to stay off drugs. However, such thinking is pedestrian, at best. On the other end of the scale, those who oppose drug testing of welfare recipients claim such laws discriminate against the poor under the false assumption that they are more likely to use drugs than other recipients of government benefits. Their thinking is equally pedestrian.

Structuring the Laws

In order to get to the heart of the debate, one must understand how drug testing laws for welfare recipients are structured. All of the states that now have drug-testing programs in place have written their laws in such a way as to avoid the same fate suffered by the Florida law late last year. That law was struck down by an appeals court that determined it was discriminatory because it forced all recipients of welfare benefits to undergo screening regardless of whether or not there was reasonable cause. The court ruled that such a broad application violated individual protections against unreasonable search and seizure.

In response to that ruling, Tennessee and the other states modified their regulations to make them 'suspicion-based'. In Tennessee, it works like this: all new welfare applicants must complete a three-question drug screening designed to determine whether a suspicion of drug use exists. If an applicant answers 'yes' to any of the questions, they are required to take a drug test prior to receiving benefits. Here's the problem: applicants can lie. And to believe there is no lying taking place is to also believe that drug users are willing to admit, on paper, that they use.

System Inherently Flawed

When one looks honestly at mandatory drug testing laws for welfare recipients, it is easy to see that the system is inherently flawed. If requiring a drug test violates the constitutional protection against unwarranted search and seizure, then a basis of suspicion must be established in order to require a test. Nonetheless, the method for establishing suspicion is flawed if it depends on people being honest about something that would result in a denial of benefits. Simply put, why would the average drug user admit his or her behavior knowing full well that it would destroy any hope of receiving welfare?

The fact that 37 people in Tennessee did respond in the affirmative is fairly surprising. Perhaps they were unaware of what the possible consequences of their drug use involved. Alternatively, perhaps they truly were honest people who wanted to do the right thing. Kudos to them if that is the case. However, it is quite likely that the vast majority of welfare recipients who do use drugs will, and do, lie about it.

Incidentally, the state of Tennessee spent just over $5,000 to administer the drug-testing program through its first six months. They have not said officially how much money they have saved in unpaid benefits as a result of the 107 people who ended up not on welfare. But that is something to seriously consider.

Should welfare recipients continue to be tested for drug use in Tennessee and the other 11 states with such laws? If so, is the current suspicion-based model sufficient when a questionnaire is used to establish suspicion? Tennessee may have succeeded in keeping 100 or so people off the welfare rolls, but it is hard to believe there are no other drug users among the remaining 15,900 to be approved for benefits last year.

Comments

Added by Daniel Johnson on February 13, 2015 Drug testing for welfare recipients was done in Florida, also. Only 2% to 3% of people tested positive, similiar to Tenneessee. The general population tests positive at an 8% to 10% rate. Either they use drugs less than the general population or they have figured out how to beat the test. Either way, it's a waste of time and money.
Added by Harold Meyer on February 13, 2015 yes they should--if they can afford drugs then they do not need public aid
Added by Diana Ferguson on February 13, 2015 of course now they no to answer no to these questions because they seen it on facebook u might as well not test them how stupid is this u just test them an not splater it all over fb cant u keep anything to ur selves
Added by Danny Drane on February 12, 2015 YES YES YES
Added by Janice Tuttle on February 13, 2015 Well now they all know what to do so forget it. They should be tested how long does it take to pee in cup. Most don't work anyeay PEE PEE or nothing
Added by Jeremie Pate on February 12, 2015 Hell yes test
Added by Barry Kimbrough on February 12, 2015 If you are required to take drug test for employment. then the same should apply. STUPID-- test them.
Added by Kitty Reusmann on February 12, 2015 All welfare partionairs- should be tested , regardless of the situation or questionnaire
Added by Michael Jones on February 13, 2015 Test them..i was tested for my job
Added by Mallika Hardy on February 12, 2015 The costs of drug testing outweigh the cost of supporting the people that are receiving benifits. They really need to focus on those recepiants actually attending & fully participating in the "jobs" classes as required. As well as limiting the span of months/years of assistance they can get.
Added by Alfred Martin on February 13, 2015 Abolish public welfare. It's unconstitutional. The constitution says "general welfare" NOT public welfare. Extortion.
Added by Jamie King on February 13, 2015 JUST TEST THEM... People LIE all the time!!!
Added by Scot Poland on February 13, 2015 Yes, and this should also be applied to any Corporation that receives any corporate welfare as well. Corporations are people too. The entire Board of Directors and all Senior Management.
Added by Jeannette Russell on May 26, 2015 We all (the tax payer that pay for all those freebies, welfare) have to take a drug test to get a job to pay for it so they should HAVE TO take a drug test to get the welfare and every time they reapply. We have random drug testing .... make that apply to them too!!! I'm sick of them living out of my back pocket!!!
Added by Joseph Zaleski on February 13, 2015 I think ALL of the people that passed this law should be drug tested as well. After all, public money pays the salaries of those morons too.
Added by Mark Longfellow on February 13, 2015 I believe anyone drawing a goverment benefit or paycheck of any kibd should be tested...politicians...judges...CEO's of companies getting tax abatements...leaders of non-profit organizations...any business getting a subsidy
Added by Richard Macdonald on February 13, 2015 Everywhere it has actually been tried, the states lost money because welfare recipients did not fit the right wing stereotype of drug riddled wastrels.
Added by J.r. Steffel on February 13, 2015 I worked as a Maintenance Supervisor in 4 apartment complexes in 3 cities over a ten year period.I finally quit after the 3rd one because I got tired of going into an apartment at 1pm to fix a sink and finding 3-5 able bodied young men stoned,playing video games.These apartments were either outright free or heavily subsidized and these people were on welfare.The only way anything got done was to call CPS on them.Police wouldn't come most of the time and if they did,they just talked to them.Alcohol also
Added by Mac Dunlap on February 13, 2015 Anyone getting government benefits should be trsted. If I am to pay for it then they get tested to collect it
Added by Dixie Weir on February 14, 2015 YES !
Added by Earl Lindsley on February 13, 2015 Does take that much for a drug test. Pee in a cup, put a strip in it and if it changes color no welfare.
Added by Michael Cooper on February 14, 2015 Mandatory drug test for everyone who is on welfare no matter what. If you truly need it you won't have a problem taking a drug test
Added by Chris Robinson on February 14, 2015 Drug test everyone wanting assistance.what is so hard about that?
Added by Phil Booth on February 13, 2015 At my job, and my previous job, there was an initial drug test upon being hired, and then "random" testing. Most outfits have similar policies. No "suspicion" necessary, it is just the policy. I don't see where the same rules for welfare recipients would be a violation of their rights. If it is, then it is legalize gobblydegook, and should be re-written.
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