DRUG TESTS

Mandatory Welfare Screening Violates Privacy Rights

A federal court of appeals panel upheld mandatory drug tests for people
seeking public aid, but Michigan should not revive this wrongheaded and
mean-spirited program. The decision overturns a 1999 injunction granted by
U.S. District Judge Victoria Roberts that halted the program.

Essentially, the state's drug testing program checks for illegal activity
without having to show even reasonable suspicion -- an unconstitutional
invasion of privacy. Studies show drug use among welfare recipients to be
about the same as in the general population, but blanket testing implies
otherwise.

It is true that some employers, including the state, require drug tests of
prospective employees. But employers do not make up a monopoly. Nor do they
provide entitlements.

Michigan's plan would deny benefits to applicants who refuse the drug tests
or who fail the test and refuse treatment. It would not deny benefits to
those who test positive and agree to treatment. Even so, the tests will
discourage some women from even applying.

State officials said Thursday they plan to restart the program, which
Michigan was testing in three areas, including Detroit. They should wait for
the likely appeal -- and until after the gubernatorial election. Republican
Dick Posthumus favors mandatory testing. Democrat Jennifer Granholm has
called the program demeaning, though she also says she wouldn't seek to
change the law. If Granholm really believes mandatory testing is degrading,
if elected, she ought to do what she can to limit it.

There are plenty of effective ways to get drug users the help they need
without making poor people give up their privacy rights.