NEWS

Lawmakers want to drug test Ohio welfare applicants — again

Jessie Balmert
Gannett Ohio

COLUMBUS – Lawmakers want to drug test people seeking cash assistance — one of several attempts in recent years despite legal challenges in other states.

Grunge state of Ohio flag map

Here's how it would work: a person applying for cash assistance in Ohio would complete a short substance abuse screening test. If she showed a likelihood of drug dependence on the exam, she would be given a drug test.

If the applicant fails the test, she would be referred for treatment and prohibited from receiving public benefits for at least six months. However, local job and family services employees could approve public assistance to her children or spouse through a third party like a guardian or church.

The goal is to prevent money that the state provides to low income families from being diverted to drug dealers, said Rep. Ron Maag, R-Salem Township. Drug tests would protect taxpayers and addicts, he added.

"We're not trying to hurt them in any way. We're trying to get the person addicted to drugs some help," Maag said.

The bill, which has not yet been introduced, would set aside $100,000 annually for treatment of those who test positive for drug use. The program would start in three test counties, including Crawford County and two larger ones, which have not yet been selected. Maag and the bill's champion Rep. Tim Schaffer, R-Lancaster, plan to introduce the bill Wednesday.

The cost would include about $6,250 for every 5,000 screening tests and about $30 per drug test. Those who fail the test would foot the bill, Schaffer said.

But opponents of drug testing welfare recipients say the requirement perpetuates "an ugly and false stereotype" that people using cash assistance are more likely to use drugs, said Mike Brickner, senior policy director for the American Civil Liberties Union of Ohio. The proposal singles out a small number of Ohioans for testing, he added.

As of April, 110,343 people were receiving money — 15,644 adults and 94,699 children, according to the Ohio Department of Job and Family Services. Only adults would take drug tests.

An Indiana lawmaker, who proposed a similar bill, backed off after learning that only nine adults in his home county receive money through welfare.

However, at least 13 states have passed laws that require drug tests for those applying for public assistance, according to the National Conference of State Legislatures. Some require all applicants be tested while others test only people who are suspected of using drugs. Most laws have been passed since 2011.

"There are other states pulling ahead of us and putting this concept on the road, and I don't want Ohio citizens to be left behind," Schaffer said.

However, some drug testing has yielded few actual drug users. In Tennessee, only 37 of 16,017 applicants for cash assistance tested positive for drugs during the first six months of the program, The Tennessean found. The state spent $5,295 to administer the tests.

Schaffer wasn't deterred by the small numbers, saying drug tests act as a deterrent as well. He pointed to an April report on reducing reliance on public assistance as evidence that the top barrier to getting off public assistance was substance abuse problems.

"This is not a spurious campaign. This is not a figment of the imagination. We have a serious problem with this program in Ohio," Schaffer said.

Several laws have been challenged in court. An appeals case from Michigan found that drug testing welfare applicants at random violated their constitutional right to avoid a search without a warrant. In December, a federal appeals court rejected a Florida law requiring drug testing for the same reason.

The ACLU of Ohio would consider a lawsuit if the Ohio proposal passed, Brickner said. But Schaffer said that Ohio's proposal will stand up to legal challenges.

Schaffer's previous efforts to add drug testing for welfare recipients have not passed. They have inspired interesting reactions: In 2013, then-Sen. Nina Turner proposed a bill to drug test lawmakers. If a similar legislation is introduced, both sponsors said they would comply.

"I have no problem with it," Schaffer responded. "I don't either," Maag said.

jbalmert@gannett.com

Twitter: @jbalmert