"For decades, federal policymakers and state administrators of governmental assistance programs, such as the Temporary Assistance for Needy Families (TANF) block grants (formerly Aid to Families with Dependent Children (AFDC)),1 the Supplemental Nutrition Assistance Program (SNAP, formerly Food Stamps),2 the Section 8 Housing Choice Voucher program,3 and their precursors have expressed concern about the "moral character" and worthiness of beneficiaries.4 Beginning in the 1980s, the federal government imposed restrictions on the receipt of certain governmental benefits for individuals convicted of drug-related crimes as one component of the broader "War on Drugs." For example, the Anti-Drug Abuse Act of 19885 made individuals who have three or more convictions for certain drug-related offenses permanently ineligible for various federal benefits.6 A provision in the Personal Responsibility and Work Opportunity Reconciliation Act of 19967 explicitly authorizes states to test TANF beneficiaries for illicit drug use and to sanction recipients who test positive.8
"In part prompted by tight state and federal budgets and increased demand for federal and state governmental assistance resulting from precarious economic conditions, some policymakers have shown a renewed interest in conditioning the receipt of governmental benefits on passing drug tests. For example, in February 2012, the President signed into law an amendment to the Social Security Act that authorizes states to condition the receipt of certain unemployment compensation benefits on passing drug tests.9 Additionally, lawmakers in a majority of states reportedly proposed legislation in 2011, 2012, 2013, and/or 2014 that would require drug testing beneficiaries of governmental assistance under certain circumstances, while at least 12 state governments over that time have enacted such legislation.10
"Federal or state laws that condition the initial or ongoing receipt of governmental benefits on passing drug tests without regard to individualized suspicion of illicit drug use may be subject to constitutional challenge. Constitutional challenges to suspicionless governmental drug testing most often focus on issues of personal privacy and Fourth Amendment protections against "unreasonable searches." To date, two state laws requiring suspicionless drug tests as a condition to receiving governmental benefits have sparked litigation.11 The U.S. Supreme Court has not rendered an opinion on such a law; however, the Court has issued decisions on drug testing programs in other contexts that have guided the few lower court opinions on the subject. These Supreme Court opinions also likely will shape future judicial decisions on the topic."
Carpenter, David H. Constitutional Analysis of Suspicionless Drug Testing Requirements for the Receipt of Governmental Benefits. Congressional Research Service, Washington, DC: Library of Congress, March 6, 2015. Last accessed July 21, 2025.
