Drug tests for benefits? It's complicated.

• Author: Finzel, Rochelle
• Position: TRENDS & TRANSITIONS

Anyone who receives government benefits should have to pass a drug test, many lawmakers believe, but federal courts have made such mandates tricky to impose.

Mississippi is the ninth and latest state to pass a law requiring some form of drug test or screening for public assistance recipients, and bills are pending in another 18.

Florida blanket-tested all benefits applicants for drugs until December, when a federal judge ruled the practice violated constitutional protections against unreasonable searches. The case was brought on behalf of Luis Lebron, a Navy veteran and student who was caring for his disabled mother and raising a young child as a single father. Lebron, who applied for state benefits, argued it was unfair to make him take a drug test because there was no reasonable suspicion he used drugs.

The Florida court agreed, reinforcing a similar Michigan Court of Appeals ruling in 2003.

Many lawmakers have wanted some form of drug testing for people receiving public assistance since federal welfare reform passed in 1996.

But because of the court rulings, most states have proceeded cautiously on the issue. Many have included screening policies in administrative rules rather than in statutes.

The nine states with laws take various approaches. Kansas screens applicants and recipients if their demeanor, police records, work records or prior drug screenings suggest they are possible drug abusers. If the drug test is positive, the person is required to complete...