SALON

Wednesday, Jan 16, 2013 4:15 PM UTC

Proposals to drug-test the unemployed gain momentum

ALEC-developed model legislation would see only the poor and desperate scrutinized for receiving government aid

By

Topics: Drug testing, Welfare, Unemployment, ALEC, Food Stamps, ,

Proposals to drug-test the unemployed gain momentum (Credit: Shutterstock/FILATOV ALEXEY)

GOP lawmakers in statehouses around the country are pushing legislation that would force the unemployed to pass a drug test in order to receive benefits. In February 2012 Congress gave states the go-ahead to introduce such legislation, despite criticism from worker advocacy groups and civil libertarians.

When the federal law was passed, House Republicans initially wanted to let states have all 7.5 million people collecting unemployment compensation pee in a cup. A compromise was reached, which authorizes states to test applicants for benefits in two circumstances: if they were fired for using drugs, or if the only occupation they’re suited for is one the Department of Labor lists as commonly requiring drug testing. Which jobs the department might include in the provision is not yet determined (Democrats say a small number of professions, Republicans say most), but in the meantime GOP state legislators are pushing forward with drug-testing proposals.

Texas Gov. Rick Perry has asked lawmakers to push through legislation requiring not only unemployment beneficiaries to be drug tested, but also individuals applying for food stamps — a particularly draconian move on the governor’s part, especially since in the few states where where drug testing of welfare beneficiaries has been attempted, like Florida, there has been no evidence of reduced drug use.

A state GOP senator in Arkansas filed legislation Tuesday that would require applicants for unemployment benefits to undergo a drug test, while the Wyoming statehouse is currently considering a similar bill.

“Legislators in Wyoming would better serve their constituents by trying to pass bills that solve problems that actually exist,” Judy Conti, a lobbyist for the National Employment Law Project, told HuffPo, adding that Wyoming already has has the fifth lowest unemployment rate of all the states and a healthy unemployment trust fund.

As Corolines commented last year, “Like many conservative legislative movements, drug testing poor people isn’t an idea that’s spreading through happenstance.” The proliferation of similar legislation proposals across multiple states is facilitated by the use of model legislation written by policymakers working with think tanks including the American Legislative Exchange Council (ALEC).

In previous years, attempts to introduce drug tests for welfare recipients have been deemed unconstitutional. A federal judge halted Florida’s program for drug testing welfare recipients in 2011, ruling that if the legislation were really about curbing drug use by withholding government money, then the state “could impose drug-testing as an eligibility requirement for every beneficiary of every government program. Such blanket intrusions cannot be countenanced under the Fourth Amendment. What the Fourth Amendment requires is that such incursions by the Government must be reserved for demonstrated special needs of government or be based on some showing of reasonable suspicion or probable cause.”

Notably, supporters of drug tests for welfare recipients have not propounded the extension of drug testing to other beneficiaries of government programs and subsidies — only the poorest and most desperate should be scrutinized when receiving aid from the state, such logic suggests.

Meanwhile, the spread of drug testing proposals serves as yet another illustration of the country’s internal divides over the “war on drugs.” While Washington state and Colorado have legalized recreational marijuana use, the governor of Texas would deny the poor in his state their basic food allowance if traces of pot were found in their system.

Natasha Lennard

Natasha Lennard is an assistant news editor at Salon, covering non-electoral politics, general news and rabble-rousing. Follow her on Twitter @natashalennard, email nlennard@salon.com. More Natasha Lennard.

You Might Also Like

More Related Stories

Featured Slide Shows

7 motorist-friendly camping sites

close X
  • Share on Twitter
  • Share on Facebook
  • Thumbnails
  • Fullscreen
  • 1 of 9

Sponsored Post

  • White River National Forest via Lower Crystal Lake, Colorado
    For those OK with the mainstream, White River Forest welcomes more than 10 million visitors a year, making it the most-visited recreation forest in the nation. But don’t hate it for being beautiful; it’s got substance, too. The forest boasts 8 wilderness areas, 2,500 miles of trail, 1,900 miles of winding service system roads, and 12 ski resorts (should your snow shredders fit the trunk space). If ice isn’t your thing: take the tire-friendly Flat Tops Trail Scenic Byway — 82 miles connecting the towns of Meeker and Yampa, half of which is unpaved for you road rebels.
    fs.usda.gov/whiteriveryou


    Image credit: Getty

  • Chattahoochee-Oconee National Forest via Noontootla Creek, Georgia
    Boasting 10 wildernesses, 430 miles of trail and 1,367 miles of trout-filled stream, this Georgia forest is hailed as a camper’s paradise. Try driving the Ridge and Valley Scenic Byway, which saw Civil War battles fought. If the tall peaks make your engine tremble, opt for the relatively flat Oconee National Forest, which offers smaller hills and an easy trail to the ghost town of Scull Shoals. Scaredy-cats can opt for John’s Mountain Overlook, which leads to twin waterfalls for the sensitive sightseer in you.
    fs.usda.gov/conf


    Image credit: flickr/chattoconeenf

  • Nordhouse Dunes Wilderness Area via Green Road, Michigan
    The only national forest in Lower Michigan, the Huron-Mainstee spans nearly 1 million acres of public land. Outside the requisite lush habitat for fish and wildlife on display, the Nordhouse Dunes Wilderness Area is among the biggest hooks for visitors: offering beach camping with shores pounded by big, cerulean surf. Splash in some rum and you just might think you were in the Caribbean.
    fs.usda.gov/hmnf


    Image credit: umich.edu

  • Canaan Mountain via Backcountry Canaan Loop Road, West Virginia
    A favorite hailed by outdoorsman and author Johnny Molloy as some of the best high-country car camping sites anywhere in the country, you don’t have to go far to get away. Travel 20 miles west of Dolly Sods (among the busiest in the East) to find the Canaan Backcountry (for more quiet and peace). Those willing to leave the car for a bit and foot it would be remiss to neglect day-hiking the White Rim Rocks, Table Rock Overlook, or the rim at Blackwater River Gorge.
    fs.usda.gov/mnf


    Image credit: Getty

  • Mt. Rogers NRA via Hurricane Creek Road, North Carolina
    Most know it as the highest country they’ll see from North Carolina to New Hampshire. What they may not know? Car campers can get the same grand experience for less hassle. Drop the 50-pound backpacks and take the highway to the high country by stopping anywhere on the twisting (hence the name) Hurricane Road for access to a 15-mile loop that boasts the best of the grassy balds. It’s the road less travelled, and the high one, at that.
    fs.usda.gov/gwj


    Image credit: wikipedia.org

  • Long Key State Park via the Overseas Highway, Florida
    Hiking can get old; sometimes you’d rather paddle. For a weekend getaway of the coastal variety and quieter version of the Florida Keys that’s no less luxe, stick your head in the sand (and ocean, if snorkeling’s your thing) at any of Long Key’s 60 sites. Canoes and kayaks are aplenty, as are the hot showers and electric power source amenities. Think of it as the getaway from the typical getaway.
    floridastateparks.org/longkey/default.cfm


    Image credit: floridastateparks.org

  • Grand Canyon National Park via Crazy Jug Point, Arizona
    You didn’t think we’d neglect one of the world’s most famous national parks, did you? Nor would we dare lead you astray with one of the busiest parts of the park. With the Colorado River still within view of this cliff-edge site, Crazy Jug is a carside camper’s refuge from the troops of tourists. Find easy access to the Bill Hall Trail less than a mile from camp, and descend to get a peek at the volcanic Mt. Trumbull. (Fear not: It’s about as active as your typical lazy Sunday in front of the tube, if not more peaceful.)
    fs.usda.gov/kaibab


    Image credit: flickr/Irish Typepad

  • As the go-to (weekend) getaway car for fiscally conscious field trips with friends, the 2013 MINI Convertible is your campground racer of choice, allowing you and up to three of your co-pilots to take in all the beauty of nature high and low. And with a fuel efficiency that won’t leave you in the latter, you won’t have to worry about being left stranded (or awkwardly asking to go halfsies on gas expenses).


    Image credit: miniusa.com

  • Recent Slide Shows

  • Share on Twitter
  • Share on Facebook
  • Thumbnails
  • Fullscreen
  • 1 of 9

Related Videos

Comments

 22 Comments

Comment Preview

Your name will appear as username ( settings | log out )

You may use these HTML tags and attributes: <a href=""> <b> <em> <strong> <i> <blockquote>

follow salon

Most Read

Popular on Reddit

links from salon.com

vote
Let's Stop Screwing Around and Impeach James Clapper: After lying to Congress about all the different ways the NSA's spying on us, Director of National Intelligence James Clapper lies about how he lied. Call the White House at 202 456-1111 and Tell Obama to Get Rid of Clapper
301 points302 points | 14 comments
vote
Let's Stop Screwing Around and Impeach James Clapper: After lying to Congress about all the different ways the NSA's spying on us, Director of National Intelligence James Clapper lies about how he lied. Call the White House at 202 456-1111 and Tell Obama to Get Rid of Clapper
165 points166 points | 21 comments
vote
Machiavelli doesn’t belong to the 1 percent | "The Prince" is oft-quoted on Wall Street, but its author was a hero of the working class who despised elites
88 points89 points | 33 comments
vote
Let's Stop Screwing Around and Impeach James Clapper: After lying to Congress about all the different ways the NSA's spying on us, Director of National Intelligence James Clapper lies about how he lied. Call the White House at 202 456-1111 and Tell Obama to Get Rid of Clapper
44 points45 points | 6 comments
vote
James Clapper is still lying to America: A smoking gun shows Director of National Intelligence James Clapper is a big liar -- and it's not the first time
34 points35 points | comment

From Around the Web

Presented by Scribol
listener_new_rect The Listener: "The Joker": Laughing at life's deepest sorrows