One Anne Arundel County lawmaker wants those receiving welfare benefits from the state to be tested for drugs, though his proposal may likely see stiff opposition.
“I?ve heard from some of my constituents who say they have to be drug-tested to keep their jobs. Why shouldn?t those receiving welfare benefits be subject to the same scrutiny,” said Del. James King, R-District 33A.
King has introduced a bill that would require drug testing for anyone seeking temporary cash assistance from the state. Typically, people seek that money to help pay utility bills or rent.
The current eligibility requirements demand recipients have at least one minor child and must be actively looking for a job. The state can take away benefits if those requirements aren?t met.
The bill would inject drug testing into the requirements and require the social service department to revoke benefits if the recipients are found to be noncompliant. The bill would not apply to unemployment benefits.
“This is not intended to keep people off of welfare ? I?m very aware that people need this assistance,” King said. “I just don?t want to see the system abused and ruined for the majority who actually need it.”
But the proposal has already met stiff opposition from civil liberty groups and drug recovery advocates, who say such an action by the state government would be illegal.
“We believe its unconstitutional to drug-test people without individualized suspicion that they are using illegal drugs,” said Meredith Curtis, spokeswoman for the American Civil Liberties Union of Maryland.
Curtis said the proposal is a violation of the Fourth Amendment, which protects Americans against unlawful searches, seizures and warrants.
Other states have unsuccessfully tried to institute similar laws. Michigan became the first state to require welfare drug testing in 1999, but legal challenges from the ACLU and other groups led to a 2003 U.S. 6th Circuit Court of Appeals ruling the law unconstitutional.
King conceded his bill may not even pass and knows the opposition is stiff.
“It?s already met fierce opposition,” he said.
King said it may take another year to create a bill that would please both sides.
“At the very least, we?ve started a dialogue,” he said.
