Welfare Drug Testing - Florida

In this article, a federal judge blocked Florida’s new law that requires welfare applicants to pass a drug tests before receiving benefits. The block was placed because the law “may violate the Constitution’s ban on unreasonable searches and seizures”.

The judge, Mary Scriven, ruled this ban in response to a lawsuit filed on behalf of a 35-year-old Navy veteran who is also a single father. The veteran, Luis Lebron, sought benefits while finishing his college degree, but refused to take the drug test.

The drug test can reveal a host of private medical facts about the individual, Scriven wrote, adding that she found it "troubling" that the drug tests are not kept confidential like medical records. The results can also be shared with law enforcement officers and a drug abuse hotline. "This potential interception of positive drug tests by law enforcement implicates a `far more substantial' invasion of privacy than in ordinary civil drug testing cases," said Scriven.

Lebron, the sole caretaker of his 4-year-old son, said he is "happy that the judge stood up for me and my rights and said the state can't act without a reason or suspicion”.

More than two-dozen states have also proposed drug-testing recipients of welfare or other government assistance, but Florida was the first state to enact such a law in more than a decade. Should any of those states pass a law and face a court challenge, Scriven's ultimate ruling would likely serve as a legal precedent.

Nearly 1,600 applicants have refused to take the test since testing began in mid-July, but they aren't required to say why. Thirty-two applicants failed the test and more than 7,000 have passed, according to the Department of Children and Families. The majority of positives were for marijuana.

Supporters argue that many applicants skip the test because they know they will test positive for drugs. Applicants must pay $25 to $35 for the test and are reimbursed by the state if they pass. Those who test positive for drugs are ineligible for the cash assistance for one year, though passing a drug course can cut that period in half. If they fail a second time, they are ineligible for three years.