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Federal Drug Fund

Adrian Evans ELA 1010

January 8, 2016

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Statement of Topic: This journal will analyze the idea of implementing a mandatory drug test on
all people applying for welfare in the United States. This will be achieved after an introduction
to the past and present structure of this system along with statistics from within this group.

Purpose: The reason for this research is interest based. By the end of my studies I hope to present
a clear description of both sides of this topic. Who does this impact? How has this situation been
handled previously? Are these tests actually beneficial? The findings from this research could
possibly lead to a campaign for new laws concerning welfare.

Scope: I will cover the idea of welfare drug testing by using US sources (mostly from Florida
where mandatory testing has been implemented) also by analyzing the constitutionality of this
method and the impact it has had on individuals. International demographics and policies are not
covered or regarded.

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Research:
In 1935 Roosevelt began the Aid to Families with Dependent Children program (AFDC)
under his Social Security Act. For the most part this program aided those in need through the
Great Depression and all the way until 1996. In 1996 the US issued a Welfare Reform Act and
replaced the entitlement based AFDC program with the Temporary Assistance for Needy
Families program. Instituted under President Clinton, this $17.35 billion dollar program is the
main welfare program in the United States currently. TANF was created with more strict
guidelines than AFDC, such as only allowing a maximum of 60 months help in an individuals
lifetime. Also, under TANF states can individually implement their own restrictions on the aid
received by their citizens. This is where my topic comes into play. Controversially, a few states
have begun to mandate drug tests for citizens applying for TANF.
One of these citizens is Luis Lebron. Luis is a 35 year old Florida resident who balances
his duties as a single father with his classes at the University of Central Florida. In July 2011,
Luis applied for TANF, but refused to take the drug test required by Florida statute. Lebron
insisted that he has never used illicit substances, but the test is a violation of his fourth
amendment rights. Lebron brought a class action lawsuit against the state due to the infringement
of this right (Lyle). Senator Kennedy also noticed this flaw while addressing congress in 1995,
Effectively, what this senator is saying is that every worker in this country is somehow under
the suspicion of drug usage The case has not been made. Another problem Luis noticed
Floridas statute was the fact that applicants were expected to cover the cost of these tests up

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front then later be reimbursed if the

test came up negative. Governor Rick
Scott of Florida claimed that with this
method, that by implementing dmg
testing, the state will save
$77,000,000 in taxpayer dollars.
Although, in 2011 the state of Idaho
showed that using this method saved
them less than $100,000 annually.
Also, Idaho representatives stated
that this statute deterred families
actually in need from applying for
TANF.
With the connotation of the word welfare it may be hard to associate these programs
with something other than burnouts and unemployed drug users. Contrarily, according to the Am
J Public Health American Journal of Public Health, rates among welfare recipients were similar
to national estimates derived from the NLAES survey for heavy drinking (14.5%), any drug use
(5.0%), alcohol abuse and/or dependence (7.4%), and drug abuse and/or dependence (1.5%).9
Also, they are comparable to rates of heavy drinking (14.8%), drug use (5.1%), alcohol abuse
and/or dependence (7.5%), and drug abuse and/or dependence (1.5%) among the subpopulation
of the United States not receiving welfare benefits(1453). This is evidence that the breakdown
of substance abuse in welfare beneficiaries directly correlates with that of the general US
population. Although this correlation exists, one of the main reason these stops were put in place

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is the fact that tax money from average US citizens could possibly be used to provide drugs to
those abusing the system. The first time testing this demographic was considered was during
Nixon and
Reagans War on
drugs when
Federal
Transportation
employees,
Veterans receiving
aid, and other
federal groups
were tested. While deciding whether or not to mandate tests on recipients of this era, on report
observed the, social ills plaguing poor black families as a tangle of pathology that includes
matriarchal family structure and female-headed households, illegitimate births, teen pregnancy,
poverty and welfare dependency, delinquency and crime, and drug abuse (U.S. Department of
Labor, 1965). With this account it is surprising that tests were not brought up in congress until
1989, and were not successfully implemented in some states until 1996.

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Ethics Summary:

During a radio address to the nation concerning his welfare reform, Ronald Reagan stated
that the nations welfare system was creating, a permanent culture of poverty as inescapable
as any chain or bond; a second and separate America, an America of lost dreams and stunted
lives.(4) This idea was supported by studies showing that an unwed teenage mother was able to
collect considerably better of on welfare than working an entry level job. Sounds like a pretty
good career choice doesnt it? As tempting as it sounds to retire at 16 and hop on the welfare
train lets not forget where this aid comes from, the working class. In all reality, anything
involving welfare is a tax issue. TANF is funded by taxes and as you could assume, most citizens
dont enjoy seeing their hard earned money going to someone else, especially a junkie.
All in all, the welfare system would be considered an issue concerning the rights of those
in need. Who exactly deserves a helping hand? The simplest answer would be, Everyone goes
through hard times, and this means that everybody deserves a certain level of help. Although
this would be the system used in an ideal world, but we all know this is far from true. Missouri
Senator Julian Bond reported that, Some welfare recipients who are turned down for
employment because they flunk an employers drug test, then turn around and use the results as
proof they are actually seeking employment and deserve to remain on welfare This is a hole in
the system that many benefit from undeservingly. The only way to cover this hole effectively is
to mandate drug testing on those receiving aid.
The states that have already done this all have the same procedure to be accepted into
TANF. The applicant pays for a drug test and when/ if they pass their fee is refunded. Although

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this is a good idea in principle, if you are applying for welfare, you might not be able to fork over
$42 for a drug test at that moment. This method may filter out the junkies, but it could also deter
those actually in need from applying because of financial reasons.
In the case of Mr. Lebron this is how the applicant feels. From the governments point of
view, any applicant could use this fee as a scapegoat for the fact that they would not pass the test
in the first place. This puts organizations such as TANF in an awkward position. These groups
that are meant to aid those in need, but they also have to put effort into filtering out the large
section of this demographic that is attempting to abuse this system for unwarranted personal
gain. Presented the choice between submitting a drug test you know you will fail or trying to sue
an organization built around money, most people would obviously choose the latter option.

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Proposal of Action:
Following decades of the abuse of our welfare system, it is necessary for the state of Utah
to implement mandatory drug screening for all TANF applicants. Currently in our state the only
determinants for welfare eligibility are income and family size. Almost any low income family
qualifies for at least $1,961 a month.
Unlike Floridas program, the cost of the drug screening would come out of the first
months aid. If the applicant comes across clean, that is the end of that. If the applicant has any
sort of substance in their system, they will be put in contact with the Utah Substance Abuse
Advisory Council. In order to receive aid from TANF, the applicant is required to follow orders
given by the council.
This plan will be proposed to the Utah State Legislator in 2017. This bill will be preceded
by a year long campaign to raise awareness of the true intentions of the act. Those opposed to
this action could easily start rumors of the bill decreasing the aid given out or falsely tying it to
politicians or an unlinked party. To prevent this, Will Smith has taken this year off from all
projects to lead the campaign. After playing a character so deeply impacted by poverty in The
Fresh Prince of Bel-Air (even though it worked out pretty well for Will in the series) Mr. Smith
feels obligated to invest his time and assets into the cause. The campaign will consist of a
nationwide tour where Will delivers speeches at every stop then comes back out on stage for an
hour long hip hop extravaganza. All profits from these events will be poured back into the new
and improved US welfare system.

Conclusion:

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The main point is the US needs to change its welfare policy in one way or another. The
fact that a loophole exists that allows unemployed citizens who are on drugs to benefit from tax
money earned by sober working citizens. Some would say that a blanket qualification for federal
aid would be the ability to pass a drug test. According to the studies researched, the same
percentage of those abusing substances in the general population correlates to that of those
receiving aid. This combats the arguments of lawsuits stating that these tests violate fourth
amendment rights by incriminating the aid seeking group.

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Works Cited:

AMUNDSON, KALYNN, ANNA M. ZAJICEK, and VALERIE H. HUNT. "Pathologies Of The

Poor: What Do The War On Drugs And Welfare Reform Have In Common?." Journal Of
Sociology & Social Welfare 41.1 (2014): 5-28. Academic Search Premier. Web. 10 Dec.
2015.

Grant, B F, and D A Dawson. Alcohol And Drug Use, Abuse, and Dependence among Welfare
Recipients. Am J Public Health American Journal of Public Health 86.10 (1996): 1450
1454. Web.
Lyle, Lindsey. "Florida's Legislation Mandating Suspicionless Drug Testing Of Tanf
Beneficiaries: The Constitutionality And Efficacy Of Implementing Drug Testing
Requirements On The Welfare Population." Tennessee Journal Of Law & Policy 8.(2012):
68-85. Academic Search Premier. Web. 10 Dec. 2015.

Mccarty, Maggie, Gene Falk, Randy Aussenger, and David H. Carpenter. "Drug Testing and
Crime-Related Restrictions in TANF, SNAP, and Housing Assistance." (2013): 1-32.
EBSCO. Web.
"Ronald Reagan: Radio Address to the Nation on Welfare Reform." Ronald Reagan: Radio
Address to the Nation on Welfare Reform. Web. 17 Dec. 2015.
Savva, Susan. "News And Notes." Addiction 96.2 (2001): 351-356. Academic Search Premier.
Web. 10 Dec. 2015.

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SCHABERG, ABBY E. "State Drug Testing Requirements For Welfare Recipients: Are Missouri
And Florida's New Laws Constitutional?." Missouri Law Review 77.2 (2012): 567-589.
Academic Search Premier. Web. 10 Dec. 2015.