States and Drug Testing for Program Recipients

States eye drug tests for welfare recipients, By Kelli Kennedy (AP), May 10, 2011, Sarasota Herald-Tribune: “Lawmakers in more than two-dozen states have proposed drug-testing recipients of welfare or other government assistance, taking a tough stance on aiding the poor in the down economy. Critics say such laws would be unconstitutional – an argument that federal judges have agreed with before. Similar proposals have been introduced in past years by lawmakers in dozens of states, but none currently requires drug testing because it’s difficult to get around the arguments that the tests violate the Constitution’s ban on unreasonable searches. Michigan’s random drug testing program for welfare recipients lasted five weeks in 1999 before it was halted by a judge, kicking off a four-year legal battle that ended with an appeals court ruling it unconstitutional. No other state has enacted such a program, worrying about legal battles. But lawmakers say they’re willing to take the risk, as cash-strapped states struggle to close budget gaps, potentially paving the way for major legal battles. The National Conference of State Legislatures said at least 30 states have proposed to drug test recipients of government aid during the current legislative session…”