Drug Testing Welfare Recipients: Unconstitutional
“A closed mouth doesn’t get fed” is a saying that many people have heard throughout life. This saying was brought about to encourage people to ask for help if needed. But what happens when the open mouth asked to be fed, and instead of receiving help they are forced to be demeaned by going through a rigorous process that assumes that all applicants fall in to the category of drug addicts? Guilty until proven innocent is the message conveyed to persons requesting these services. Millions of dollars are spent each year on federally funded programs that are considered “welfare”. The types of services these programs offer include TANF (Temporary Assistance for Needy Families), SNAP
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Another clause in this bill states that if the applicant participates in a substance abuse program and does not test positive for at least half a year, they may continue to receive entitlements (Kelly, 2013). While the general opinion is that drug testing applicants will lower the number of recipients defrauding the government, most of the analysis that have been conducted for a one to two year timeframe show little improvements on the number of personnel receiving welfare benefits. In fact, most have shown that only a small percentage (2%) of recipients are failing the drug screening (Grovum, 2014). In other studies, such as the one conducted in Utah, documented that well over $30,000 was spent administering drug test to applicants (Grovum, 2014). The results showed that only 2.6% tested positive for illegal substance use (Grovum, 2014).
For one to be forced to complete a drug screening, merely because they are asking for government assistance is unconstitutional. The fourth amendment of the United states Constitution states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (Goldman & Cheeseman, 2011). This Amendment was put in place to protect citizens from warrantless
Is it fair that in order to obtain a job, some people go through drug testing while drug and alcohol abusers receive free, no strings attached, financial assistance (see appendix A)? Food stamps and Medicaid are provided to low and no income Americans who would otherwise do without. According to heritage.org, a majority of the illegal drug use in American adults is tied to unemployed citizens. While there are many people who disagree with testing welfare recipients, the truth is that the pros greatly outweigh the cons. The long term improvements that drug testing will have on the country are substantial. The wellbeing and stability of America’s children, unemployment, fairness across the board for all Americans and the economy; all play
On 30 January 2011, the Missouri House of Representatives passed a bill and sent it to the senate that would require drug testing for those receiving state Temporary Assistance for Needy Family (TANF) funds. Funding from food stamps, medicare, and public housing would not be affected by this bill (Keller – House). According to Columbia Tribune reporter Rudi Keller, the bill is very similar to the Arizona law which is the only other state that tests welfare recipients. Missouri and Arizona would use a questionare and interview which would determine which applicants to test. The two states are also similar in their caseload of 45,017 people on assistance in Arizona and 42,885 in Missouri. The state would not be obligated to provide treatment
Annually, the state of Texas provides welfare assistance and benefits to more than 100,000 residents – a 90 million dollar program ultimately funded by taxpayer dollars. The application of drug testing is to better enforce the appropriate utilization of welfare assistance and is not to discriminate against any one group of people “suspected” using of drugs. The application of active and systematically applying drug testing to those persons receiving welfare assistance, more accurately ensures that welfare assistance benefits are not providing money for narcotics, and to prevent cases of child neglect. Senate Bill 11 would requires each applicant and/or recipient to be drug tested upon requesting Temporary Assistance for Needy Families (TANF). This would provide a constructive, two-way consequence in the form of: preventing taxpayer money from being used in a manner other than its’ intention in funding drug dealers, and helping current and/or
The welfare system is designed to support those that are in need. The welfare system should not be abused or misused and failure to comply will be grounds for termination. Drug testing welfare recipients, is it an infringement of rights and should it be mandatory for everyone that receiving or will receive assistance? This subject is up for debate as to whether or not it violates welfare recipient’s constitutional rights. If it should be implemented, would it help saving tax dollars and government spending and stop welfare
The tests are used to search for any illicit drugs for the patients prescribed opioids because these patients are at a higher risk of abusing illegal drugs. The insurer caps the amount that can be spent on drug testing to ensure that the cost of testing does not exceed the cost of the compensation withheld. Ceniceros quotes health professionals that claim that this practice could be used in the welfare system. It would ensure that those will a drug addiction receive the needed medical assistance, while minimizing the costs to the governmental social program. Evaluation: This article is purely informative. Roberto Ceniceros does not provide any bias on the topic and only provides the opinions of various health professionals. The author uses facts from a previous implementation of drug screening in order to receive workers compensation to compare to potential drug testing for government assistance recipients. I will use the evidence provided in this article to describe the importance of sending welfare recipients to treatment programs if they have a positive drug
Welfare recipients would be required to purchase their own drug test, and only if the results came back negative would they be reimbursed. In the case of a failed drug test, first time offenders would not be eligible for welfare benefits for a full year or until they received treatment. If a welfare recipient failed more than one test, they would not be eligible for benefits for three years under this new Florida law (Shahid 2011).
The main argument for those who want this drug testing to take place is that it would save taxpayers money (Miran, 2015). They feel that by drug testing applicants and/or receivers of welfare, they will weed out those who are drug abusers. That being said, their money wouldn’t be ‘wasted’ on those who ‘don’t deserve it’. They also somehow feel that if this policy were put into place, people wouldn’t abuse drugs. They
United States lawmakers face one of the most pressing issues of our time-welfare reform. New screening processes, often considered a direct violation of constitutional rights, have already been enacted in many states. Strong evidence exists, asserting that the practice of administering drug testing to welfare recipients will cost the U.S. taxpayers more money in the long run, stigmatize applicants and participants, and serve only the purpose of making the pharmaceutical companies more powerful. In order to protect the constitutional rights of potential welfare recipients, United States lawmakers should avoid further criminalizing the poor by submitting them to drug testing and/or a nationwide welfare registry.
A second opposing viewpoint is that drug testing is racist and stereotypes recipients as drug abusers . While some may view drug screening of government assistance applicants as stereotyping, it is important to realize that the individuals proposing drug screening are not forcing anyone to undergo screening. Applying for government assistance is a
Drug testing welfare recipients does have its drawbacks one of them is people who are on prescribed medication can show false positives. (Carpenter 2) “If there is a possibility that a test can be wrong and denied a family some needed assistance so they can eat, there is something gravely wrong with that idea.” (Tiriana 2) Your legal doctor can prescribe you medicine and when tested you can test positive to illegal drugs even when you’ve never done them. People are discriminated against even with a legal doctors involvement. (Carpenter 2) That isn’t right for anybody to be falsely accused even when they’re already looked down upon by just being on welfare. Sometimes people don’t pay attention to ingredients.inside their food and something so small can trigger a false positive. For example you can eat a poppy seed bagel/pastries and test positive for morphine, codeine, and heroin. If large amounts of
“If you have enough money to be able to buy drugs, then you don't need public assistance.” Said by Jerry Sonnenberg. For years now many people have wonder why the government doesn't do drug testing when applying for welfare. Many say it's not worth spending government money on, however if the government did do drug testing it could save the government money. I believe that drug testing welfare recipients would benefit our state in different ways. I feel that if the state was to make drug testing mandatory then it would help to prevent welfare fraud. Also it could possibly save the state money in paying out welfare payments. It could possibly weed out the people that
The fate of a proposition to drug tests in Indiana welfare beneficiaries in in doubt after the provision’s creator formally pulled back his support and the state organization would control the system and it would cost $2.3 million during the next two years. However, that is after taking of consideration $213,000 in foreseen funds expecting that 5 percent of those tested fail and are temporarily removed from the program. Also, it was mentioned that this program would help stem a HIV outbreak which would be brought into play by sharing needles among drug abusers. According to state officials, just around 9,400 adults get installments or accept them in the interest of children, statewide and around 17,000 children get the advantage. If TANF beneficiaries fail a drug test, they would have a chance to get counseling. In any case, if they keep on failing drug screenings after counseling, they would be ineligible for welfare advantages for no less than three months. Beneficiaries would be in charge of the expense of counseling and positive drug tests. The drug testings proposition could accelerate an already steep decrease in the quantity of Indiana TANF beneficiaries. Normal installments are less than $90 a month for each beneficiary. Supporters of such drug testing measures say they help keep open help from being spent of unlawful
The process of drug testing individuals who are applying or receiving welfare benefits has recently become the focus of a widely spread controversy. Florida, the first state to pass the law, now requires all individuals applying for public assistance to undergo drug testing. The state of Kentucky, among others, have considered following this trend. State lawmakers hope to prevent the squandering of taxpayer dollars on drugs by proposing similar guidelines. Alabama’s states representative Kerry Rich clearly affirmed his state’s position on the matter, “I don’t think the taxpayers should have to help fund somebody’s drug habit” (qtd. in Time).
Drug Testing Welfare Recipients To test or not to test has been has been the question at hand for many states that are dealing with whether or not to pass the law that welfare recipients should or should not be drug tested in order to receive assistance from the government. Florida was the first state to mandate the law in 2011 and thereafter twenty four other states in the last year have also passed this law in our own state of Oklahoma being one of them. Although alcohol is legal it is abused far more than marijuana or hard core drugs, According to the 1996 study by the National Institute of Alcohol Abuse and Alcoholism the differences between the proportion of welfare and non-welfare recipients using illegal drugs are statistically insignificant. Although some states have decided to pass the law for welfare recipients in order receive government assistance, I believe it’s ineffective to drug test these welfare recipients in order to receive their benefits. Welfare in the United States commonly refers to the federal government welfare programs that have been put in place to assist the unemployed or underemployed. Help is extended to the poor through a variety of government welfare programs that include the Women, Infants, and Children Program, which is referred to as WIC, Medicaid, and Temporary Assistance to Needy Families commonly known as TANF and Aid to Families with Dependent Children. Drug testing welfare recipients is negative because drug tests performed on welfare
When dealing with this we come to many road blocks. We should know and understand the difference in a drug use problem and a psychiatric disorder. Also understanding the difference in substance abuse and substance dependence. Confusing the two could be an issue. When you decide to drug test the welfare there is much more that needs to go into it than just the test to determine if you should receive benefits from the state or not. Think about the rights we have as Americans have. Drug testing the welfare can bring legal problems, such as due process. There have been states who have tried this in the past but of