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Drug Testing Welfare

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Since the early War on Drugs and the welfare reform of the 1990s, those who receive public benefits have been under the microscope of drug warriors and policy makers. Those who are proponents of drug testing say that substance abuse and addiction can interfere with the ability to obtain or maintain jobs. Drug testing can help welfare recipients prepare for the job market by getting them clean and ready for the job application process (Office of the Assistant Secretary for Planning and Evaluation (ASPE), 2011). Drug use and abuse can also contribute to child abuse and neglect (Center for Law and Social Policy (CLASP), 2013). Testing welfare recipients can also be cost effective, as it would prevent the misuse of public funds for the purchase …show more content…

Prevalence rates of substance use among welfare recipients varies greatly, from 4 to 37 percent. This variation can be due to different data sources and measurement methods as well as what the threshold is defining substance use and whether alcohol is considered an illicit substance (Amundson et al., 2014; ASPE, 2011). In 1999, Michigan conducted drug tests for a five-week period. Of the 268 recipients screened, only 21 tested positive, mostly for marijuana (Amundson et al., 2014). In 2011, before Florida’s program was halted by a District judge, 4,086 TANF recipients were tested and 108 of those tests yielded positive results, again, mostly for marijuana (Amundson et al., 2014). Of the states that have enacted drug testing laws, the results vary from .002 percent (Arizona) to 8.89 percent (Oklahoma) (Covert and Israel, 2015). Appendix II shows the number of positive drug test results in each state that has enacted drug testing laws. The national drug use rate is 9.4 percent, which shows that of the states that have enacted laws regarding drug testing, recipients use drugs less than those in the general population (Covert and Israel, …show more content…

The special need of the state must be sufficiently important to both suppress the normal Fourth Amendment requirement of individualized suspicion and offset the individual’s privacy interest. However, if the court finds no special state need, …the search is unreasonable (p.570).
Both Michigan and Florida were determined to have no special needs fit to blanket test all welfare applicants and thus the drug test programs in both states were halted. In Marchwinski v. Howard, the case regarding Michigan’s drug test policy, it was shown that several widely known groups were opposed to drug testing welfare recipients, especially random testing or blanket testing as in Michigan and Florida. These groups were the the following: the American Public Health Association, the National Association of Social Workers, National Assocation of Alcoholism and Drug Abuse Counselors, National Council on Alcoholism and Drug Dependence, Association of Maternal and Child Health Programs, National Health Law Project, National Association on Alcohol, Drugs, and Disability, Legal Action Center, National Welfare Rights Union, and the American Civil Liberties Union, among others (ACLU,

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