To: The North Carolina State House and The North Carolina State Senate

NC Legislature: Do not require drug testing to public assistance recipients

We urge you to vote against any requirement of drug testing before eligibility for state assistance programs. These programs are necessary for people who have lost their jobs or are living below the poverty line. It would not only affect the person applying, but may also affect their children, if they have any under their care. Being poor is not sufficient proof of drug addiction. In states that passed this measure, only around 1.5 per cent of recipients of public assistance failed their drug tests. Drug testing requirements in other states were struck down by the courts as unconstitutional. Because of the small numbers of people that would likely test positive for illegal drugs and the requirement of the state to reimburse the applicants in the event of a negative result, it cost the state a considerable amount of money that would be better spent in other areas. The infrastructure to put a program to enforce a drug testing program would cost the state considerable money as well, especially considering the fact that it will likely be struck down by the courts as unconstitutional.

If you decide to pass legislation requiring a drug test for recipients, please also require random drug testing for all public officials at least annually and post the results publicly. The legislative logic here would dictate that since there are drug users among those receiving state assistance therefore requiring this legislation, then since there is drug use amongst our public officials who receive state funding then using the same logic the legislature must pass yearly random drug testing for all public officials. In addition, please include a provision to require breathalyzer tests in legislature before votes are cast. It would be irresponsible for anyone who is above the blood alcohol level limit to drive is able to cast a vote that would affect everyone in our great state.

NC State Senate bill 594, which requires Work First recipients to be subjected to drug tests, has passed. We strongly urge the NC House to vote against the House version.

NC State Senate bill 447, which requires drug testing for all public assistance, has been referred to committee. We strongly urge the Senate to vote against this bill, and if it passes to include the above state drug testing requirements for all public officials.

Why is this important?

The NC Legislature is about to pass laws that require drug tests for public assistance recipients. This is unconstitutional and will cost the state too much. If these laws pass, all public officials should be required to submit to annual random drug tests as well.