Drug Testing Welfare Receipts
As of April 2012 more than 40 million Americans are receiving welfare such as food stamps according to the Bureau of Labor Statistics. Americans who can afford to buy drugs can afford to buy other necessities without the help of the government who supply them with welfare. There has been a lot of debate over drug testing as a requirement for welfare recipients to receive their benefits. Although, many Americans agree that drug testing should be an eligibility requirement, there are still others who claim that drug testing is unconstitutional and a violation of the Fourth Amendment. The Fourth Amendment protects Americans from unreasonable search and seizures without probable cause or a judicially signed warrant.
According to the article Veteran, ACLU Challenge Florida Welfare Drug Test Law, a Navy Veteran stated,
"Florida's new law assumes everyone who seeks public assistance has a drug problem," said Lebron. "They don't know that I'm in school right now so I can get a good job to provide for my son and mother, and it feels like they don't care. I have to prove to them that I'm not breaking the law. It makes me sick and angry that for no reason at all and no suspicion, I have to prove I'm not using drugs. The Fourth Amendment is part of the Bill of Rights, and it says no searches without probable cause." (Veteran, ACLU Challenge Florida Welfare Drug Test Law. para. 5)
In early 2011, legislators in 31 states proposed 82 bills that would require drug testing of TANF (Temporary Assistance for Needy Families) applicants. Aid to Families with Dependent Children (AFDC) was established by the Social Security act of 1935 and provided states with cash welfare payments for children who were under poor circumstances from a death of a parent to abandonment. During this time, states received unlimited federal funds to those who were eligible for welfare payments. In 1996, TANF was created after the Personal Responsibility and Work Opportunity Reconciliation Act eliminated AFDC.
Florida, Indiana, Missouri, Arizona, Kansas and more recently Oklahoma and Tennessee have passed a law stating that welfare applicants must pass a drug test to receive benefits although, many welfare offices have not played a significant role identifying substance abuse amongst applicants and State and local agencies are coming together to recognize indications of substance abuse.
Drug testing welfare recipients has received so much attention that the Americans Civil Liberties Union (ACLU) has become involved and opposes the states legislation. The ACLU stated that drug testing is cruel and inhumane. Many Americans are baffled by what ACLU is preaching. The majority of taxpayers who fund the welfare system are required by their employers to be drug tested before obtaining a position and/or require drug testing on random basis. Usually, when an employee, tests hot, for illegal drugs depending on their employers personnel policies, the employee is usually dismissed from employment. “This law violates more than the rights guaranteed by our Constitution – it violates basic American dignity and fairness by assuming that everyone who needs help is a lazy drug abuser,” said Howard Simon, Executive Director of the ACLUFL. “Ugly, disproven stereotypes make bad laws.” (ACLU files suit in federal court challenging mandatory drug testing of Temporary Assistance Applicants. para 6). Although, Florida’s law states before TANF applicants receive benefits they must pay for a drug test which will later be reimbursed by the government should they test clean. Testing positive will result in loss of TANF benefits for one year.
Some Americans strongly believe that drug testing is a way of the government picking on the poor. But the majority of taxpayers would rather not fund illegal purchasing or drug activity. Not all welfare recipients are employed and not all recipients are abusers of the law.
Opposing sides of drug testing welfare recipients feel that by imposing such laws will hurt the economy. According to an opinion of a white collar El Pasoan, restricting or applying such laws would hurt all sorts of businesses, due to the fact that whatever money received from the government would make the community fall and Mom and Pop shops would feel the restraint of money being distributed amongst the community as well as bigger corporations. While the opinion of a blue collar El Pasoan – Drug testing may be the wake-up call that makes many of these substance abusers start working for basic necessities needed to survive and also finding employment in local businesses bringing up communities which in turn would also increase sales in local businesses.
To further continue on the opposing side of drug testing welfare recipients; an article written by Jonathon Walters, he goes on to explains that “Drug testing is expensive. Tests cost anywhere from $35 to $75 to administer, according to the liberal-leaning Center for Law and Public Policy. By their math, it would cost anywhere from $20,000 to $77,000 to catch one drug abuser.” (Should Welfare Recipients be Drug Tested? para. 4). In this case, Florida who tested 4,086 people only 108 failed the drug test. An article written on behalf of the Tampa Bay Times stated that “…2.6 percent, failed, most often testing positive for marijuana. About 40 people scheduled tests but canceled them, according to the Department of Children and Families, which oversees Temporary Assistance for Needy Families, known as the TANF program.
Opposing sides also feel by isolating those who are at risk, for example ex-felons may lead them down a wrong path again because applying for welfare is much harder, therefore, costing the government more money by putting them back in jail and providing them with treatment. “The numbers, confirming previous estimates, show that taxpayers spent $118,140 to reimburse people for drug test costs, at an average of $35 per screening.” (Florida didn't save money by drug testing welfare recipients, data shows. para. 9 and 10). After these numbers came out the ACLU went ahead and stated that Florida spent more money than it saved by drug testing TANF recipients.
On a neutral ground; what could States do to other than drug testing to save the Government money? Biometrics plays a large role in most states. Finger printing is common when receiving food stamps and often times lower numbers of participation amongst welfare recipients. States that do not participate in finger printing or apply different biometrics have more people applying for welfare.
Ultimately, drug testing welfare recipients will need more time to work on the kinks among states that have passed such laws. It may take several years before America can see a difference in drug use and testing. By combining Local, State and Federal programs that help out substance abusers there may be a difference in number of welfare applicants. As of now, American can only wait.
References
Davis, B. (2012, April 19). Florida didn't save money by drug testing welfare recipients, data shows.
Retrieved from: http://www.tampabay.com/news/courts/florida-didnt-save-money-by-drug-
testing-welfare-recipients-data-shows/1225721
Durden, T. (2012, July 12). 46.5 million Americans, record 22.3 million US households, on food
stamps; 8, 8,753,935 on disability. Zero Hedge. Retrieved from:
http://www.zerohedge.com/news/465-million-americans-record-223-million-us-households-
foodstamps
Smith, P. (2012, September 7). Veteran, ACLU challenge Florida welfare drug test law. Retrieved
from: http://stopthedrugwar.org/chronicle/2011/sep/07/veteran_aclu_ challenge_florida_w
Walters, J. (2012, March 13) Should Welfare Recipients Be Drug Tested? Governing: The States and
Localities. Retrieved from: http://www.governing.com/topics/health-human-services/testing- welfare-recipients-drugs.html
Fourth Amendment (n.d.) Retrieved December 6, 2012 from: http://www.gpo.gov/fdsys/pkg/GPO-
CONAN-1992/pdf/GPO-CONAN-1992-10-5.pdf
ACLU files suit in federal court challenging mandatory drug testing of Temporary Assistance
Applicants. (2011, September 7) Retrieved from: http://www.aclu.org/criminal-law-reform/aclu
-files-suit-federal-court-challenging-mandatory-drug-testing-temporary
As of April 2012 more than 40 million Americans are receiving welfare such as food stamps according to the Bureau of Labor Statistics. Americans who can afford to buy drugs can afford to buy other necessities without the help of the government who supply them with welfare. There has been a lot of debate over drug testing as a requirement for welfare recipients to receive their benefits. Although, many Americans agree that drug testing should be an eligibility requirement, there are still others who claim that drug testing is unconstitutional and a violation of the Fourth Amendment. The Fourth Amendment protects Americans from unreasonable search and seizures without probable cause or a judicially signed warrant.
According to the article Veteran, ACLU Challenge Florida Welfare Drug Test Law, a Navy Veteran stated,
"Florida's new law assumes everyone who seeks public assistance has a drug problem," said Lebron. "They don't know that I'm in school right now so I can get a good job to provide for my son and mother, and it feels like they don't care. I have to prove to them that I'm not breaking the law. It makes me sick and angry that for no reason at all and no suspicion, I have to prove I'm not using drugs. The Fourth Amendment is part of the Bill of Rights, and it says no searches without probable cause." (Veteran, ACLU Challenge Florida Welfare Drug Test Law. para. 5)
In early 2011, legislators in 31 states proposed 82 bills that would require drug testing of TANF (Temporary Assistance for Needy Families) applicants. Aid to Families with Dependent Children (AFDC) was established by the Social Security act of 1935 and provided states with cash welfare payments for children who were under poor circumstances from a death of a parent to abandonment. During this time, states received unlimited federal funds to those who were eligible for welfare payments. In 1996, TANF was created after the Personal Responsibility and Work Opportunity Reconciliation Act eliminated AFDC.
Florida, Indiana, Missouri, Arizona, Kansas and more recently Oklahoma and Tennessee have passed a law stating that welfare applicants must pass a drug test to receive benefits although, many welfare offices have not played a significant role identifying substance abuse amongst applicants and State and local agencies are coming together to recognize indications of substance abuse.
Drug testing welfare recipients has received so much attention that the Americans Civil Liberties Union (ACLU) has become involved and opposes the states legislation. The ACLU stated that drug testing is cruel and inhumane. Many Americans are baffled by what ACLU is preaching. The majority of taxpayers who fund the welfare system are required by their employers to be drug tested before obtaining a position and/or require drug testing on random basis. Usually, when an employee, tests hot, for illegal drugs depending on their employers personnel policies, the employee is usually dismissed from employment. “This law violates more than the rights guaranteed by our Constitution – it violates basic American dignity and fairness by assuming that everyone who needs help is a lazy drug abuser,” said Howard Simon, Executive Director of the ACLUFL. “Ugly, disproven stereotypes make bad laws.” (ACLU files suit in federal court challenging mandatory drug testing of Temporary Assistance Applicants. para 6). Although, Florida’s law states before TANF applicants receive benefits they must pay for a drug test which will later be reimbursed by the government should they test clean. Testing positive will result in loss of TANF benefits for one year.
Some Americans strongly believe that drug testing is a way of the government picking on the poor. But the majority of taxpayers would rather not fund illegal purchasing or drug activity. Not all welfare recipients are employed and not all recipients are abusers of the law.
Opposing sides of drug testing welfare recipients feel that by imposing such laws will hurt the economy. According to an opinion of a white collar El Pasoan, restricting or applying such laws would hurt all sorts of businesses, due to the fact that whatever money received from the government would make the community fall and Mom and Pop shops would feel the restraint of money being distributed amongst the community as well as bigger corporations. While the opinion of a blue collar El Pasoan – Drug testing may be the wake-up call that makes many of these substance abusers start working for basic necessities needed to survive and also finding employment in local businesses bringing up communities which in turn would also increase sales in local businesses.
To further continue on the opposing side of drug testing welfare recipients; an article written by Jonathon Walters, he goes on to explains that “Drug testing is expensive. Tests cost anywhere from $35 to $75 to administer, according to the liberal-leaning Center for Law and Public Policy. By their math, it would cost anywhere from $20,000 to $77,000 to catch one drug abuser.” (Should Welfare Recipients be Drug Tested? para. 4). In this case, Florida who tested 4,086 people only 108 failed the drug test. An article written on behalf of the Tampa Bay Times stated that “…2.6 percent, failed, most often testing positive for marijuana. About 40 people scheduled tests but canceled them, according to the Department of Children and Families, which oversees Temporary Assistance for Needy Families, known as the TANF program.
Opposing sides also feel by isolating those who are at risk, for example ex-felons may lead them down a wrong path again because applying for welfare is much harder, therefore, costing the government more money by putting them back in jail and providing them with treatment. “The numbers, confirming previous estimates, show that taxpayers spent $118,140 to reimburse people for drug test costs, at an average of $35 per screening.” (Florida didn't save money by drug testing welfare recipients, data shows. para. 9 and 10). After these numbers came out the ACLU went ahead and stated that Florida spent more money than it saved by drug testing TANF recipients.
On a neutral ground; what could States do to other than drug testing to save the Government money? Biometrics plays a large role in most states. Finger printing is common when receiving food stamps and often times lower numbers of participation amongst welfare recipients. States that do not participate in finger printing or apply different biometrics have more people applying for welfare.
Ultimately, drug testing welfare recipients will need more time to work on the kinks among states that have passed such laws. It may take several years before America can see a difference in drug use and testing. By combining Local, State and Federal programs that help out substance abusers there may be a difference in number of welfare applicants. As of now, American can only wait.
References
Davis, B. (2012, April 19). Florida didn't save money by drug testing welfare recipients, data shows.
Retrieved from: http://www.tampabay.com/news/courts/florida-didnt-save-money-by-drug-
testing-welfare-recipients-data-shows/1225721
Durden, T. (2012, July 12). 46.5 million Americans, record 22.3 million US households, on food
stamps; 8, 8,753,935 on disability. Zero Hedge. Retrieved from:
http://www.zerohedge.com/news/465-million-americans-record-223-million-us-households-
foodstamps
Smith, P. (2012, September 7). Veteran, ACLU challenge Florida welfare drug test law. Retrieved
from: http://stopthedrugwar.org/chronicle/2011/sep/07/veteran_aclu_ challenge_florida_w
Walters, J. (2012, March 13) Should Welfare Recipients Be Drug Tested? Governing: The States and
Localities. Retrieved from: http://www.governing.com/topics/health-human-services/testing- welfare-recipients-drugs.html
Fourth Amendment (n.d.) Retrieved December 6, 2012 from: http://www.gpo.gov/fdsys/pkg/GPO-
CONAN-1992/pdf/GPO-CONAN-1992-10-5.pdf
ACLU files suit in federal court challenging mandatory drug testing of Temporary Assistance
Applicants. (2011, September 7) Retrieved from: http://www.aclu.org/criminal-law-reform/aclu
-files-suit-federal-court-challenging-mandatory-drug-testing-temporary