Drug Testing for Welfare Recipients -- An Examination of Policies and their Implications

Abstract

Currently, there is a popular sentiment that many people are gaming the welfare system. States are attempting to find out which people who receive welfare are “abusing the system” and remove them from the programs. A popular way of attempting to achieve this goal has been to write legislation in both the state and federal legislatures that make it more difficult to receive funding from TANF by requiring a drug test from applicants. This paper will examine the current status of and the legal history behind these laws including the cases of Marchwinski v. Howard and Chandler v. Miller. The paper will also discuss what the goals of the drug testing programs are and whether or not these laws accomplish their goals. It will discuss the constitutionality and the issues of dignity associated with these programs. It will finally offer a solution for addressing these programs using the judicial system.