Florida’s Drug-Testing of the Poor Proves a Failure, but Some States Still Want to Follow their Example

  • by Allen St. Pierre, Former NORML Executive Director February 18, 2012

    By Kellen Russoniello, George Washington University Law student and NORML Legal Intern

    The recent push for implementing drug testing for potential welfare recipients across several states has revealed at least two things: 1. The policy is not economically sound; and 2. It really brings out the hypocrisy in some elected officials.

    Last summer, Florida implemented a law requiring all welfare applicants to submit to a mandatory drug test before receiving any benefits (Applicants had to pay the $30 for the test themselves, only to be reimbursed later if they passed. For more information, see this NORML blog post.). Not surprisingly, the program was brought to a quick halt. Back in October of 2011, a federal judge ruled that the Florida drug testing law was unconstitutional.

    Further, in the few months that the program was up and running, it was shown that only 2% of welfare applicants tested positive for drugs. About 9% of the general population reports using drugs in the past month. So much for Governor Rick Scott’s theory that the poor use drugs more often than the rest of the populace.

    Even more striking is the amount of money that Florida lost from this poorly designed policy. The Tampa Bay Online estimated that $3,400 to $8,200 in savings would be recognized every month from drug testing welfare applicants. As it turns out, the program is estimated to have cost Florida over $200,000. From any perspective, this policy can be regarded as a failure.

    Despite the lessons that can be learned from Florida’s debacle, several states are still considering implementing programs to subject their impoverished population to drug tests. The Huffington Post reported that twelve states attempted passing legislation in 2011 that would require drug tests for welfare applicants. Florida, Missouri, and Arizona were the only three that succeeded. However, Pennsylvania has just begun a pilot program in Schuylkill County that subjects certain applicants to drug tests. By tailoring their laws to apply only to applicants that have aroused reasonable suspicion, these states are hoping to avoid constitutional problems like those that ultimately invalidated the Florida law and a similar Michigan law in 2000 (which was affirmed in 2003). Several states have also tried to drug test those who seek unemployment benefits, state employees, and private sector employees, including the passage of an Indiana law that requires drug testing for those in a state job-training program.

    When pressed, legislators that support this policy try to justify their position by claiming that the taxpayers should not subsidize drug addiction. But taxpayers pay for much more than just welfare. Some of their money goes towards paying their legislators’ salaries. Wouldn’t this same rationale justify drug testing legislators? This has been the tactic of many Democratic state legislators to thwart Republican efforts to test welfare applicants. In fact, a Republican State representative in the Indiana General Assembly recently pulled a bill after another representative amended it to include drug testing for legislators. The bill was reintroduced and passed by the Indiana General Assembly the following week, which included a section requiring legislators to submit to random drug tests. Missouri and Tennessee currently have bills that would require legislators to submit to drug tests. These were introduced in reaction to a slew of bills aimed at requiring drug tests on different areas of the population. It seems that the legislators who want to drug test the poor aren’t really convinced of the merits of the program when applied to themselves.

    Hopefully, state politicians will come to their senses as knowledge about the failure of Florida’s policy becomes more well-known. But given this country’s track record on drug policy, I wouldn’t recommend holding your breath.

    To see a hilarious summary of Florida’s drug-test-the-poor policy, watch this Daily Show clip, which includes Florida State Representative Scott Plakon’s and Governor Rick Scott’s reactions to being asked to take a drug test.

    72 responses to “Florida’s Drug-Testing of the Poor Proves a Failure, but Some States Still Want to Follow their Example”

    1. Anonymous says:

      Will alcohol be on the list of drugs tested?

    2. Herbert Boone says:

      What about tobacco it has been proven to kill?

    3. Jim says:

      The war on terror has apparently failed. Parts of “government” are still terrorizing its own citizenry.

      And over the *safest medicine known to man.*

      It is an absurdity, a travesty in this day and age.

    4. Jose says:

      I want to know the number of welfare applicants before and after implementation of this policy to see whether a good number of drug-using welfare applicants were deterred from applying due to the fact that they knew they would (1) fail the drug test, (2) be on record as failing a drug test, and (3) have to give up $30. I’m certainly fine with people using marijuana (and probably most other drugs as well), but I don’t want to be forced to financially support other people’s drug use.

    5. Theft of a persons right to control their own body is wrong. Theft of another persons money via taxation to pay for somebody to take a drug test so that they can benefit from government forced redistribution is also wrong.

      Moral of the story? Government breaks your legs, then steals the money to buy you crutches from somebody else and pats themselves on the back for a job “well done”.

    6. moldy says:

      I also heard that they want to test seniors before they get their SS check. Haha let’s see how that flys.

    7. Joel: the other Joel says:

      Florida puts the “SS” in piss.
      Such a weird program.

      I was right, Governor Rick Scott is a piss boy.

    8. fishcreekbob says:

      How do we know we’re not being scanned right now. What alls in this pc?

    9. Potimism says:

      I feel the gov is gonna keep on being critical on mj until something really bad happens. I predict one day that med mj patients and activist might riot and then maybe the gov will ease restrictions or even legalize it. I know one way or the other it will become legal, we just have to put more effort and if there has to be riots(which I will not be part of), I believe will be the turning point in legalizing mj. In fact I am starting to believe that might be the only way.