OLR Report 2013-R-0100 examines which states require people applying for or receiving public assistance to be tested for illegal drugs.
According to the National Conference of Legislatures (NCSL), none of our neighboring states requires people applying for or receiving public assistance (typically Temporary Assistance for Needy Families (TANF)) to undergo mandatory testing for illicit drug use as a condition of receiving assistance. To date, seven states have enacted such laws. These are Arizona (2011), Florida (2011), Georgia (2012), Missouri (2011), Oklahoma (2012), Tennessee (2012), and Utah (2012).
The Florida law's suspicionless drug testing was challenged as an unreasonable search from which, the plaintiffs argued, the Fourth Amendment of the U.S. Constitution offers protections, and on February 25, 2013, a U.S. Appeals Court agreed with the lower court in striking the law down (Lebron v. Secretary, Florida Department of Children and Families, C.A. 11, Docket No. 6:11-cv-01473-MSS-DAB (2013)). NCSL is not aware of any other legal challenges to these laws, but Georgia's governor delayed implementing his state's law pending the court decision on Florida's law.
In the current legislative season, numerous state legislatures, including Connecticut, New Hampshire, New Jersey, and New York are considering bills that would institute such a requirement.
For more information, read the full report.
