Last Updated: July 2023
Some states have implemented drug testing policies for those applying for and/or receiving cash assistance under TANF. Since courts have rejected the constitutionality of suspicionless testing, states with drug testing policies now require a drug screening test (e.g. questionnaire about recent drug use– affirmative answers could be used to establish “reasonable suspicion” needed to administer a chemical drug test. However, in states that have implemented drug testing policies, very few TANF applicants have been identified as likely users. Drug testing is also ultimately ineffective in detecting substance use disorders, as they cannot measure frequency of use or severity of impairment.
Drug testing is ultimately based on both classist and racist stereotypes that those with lower incomes are more likely to be substance users. Advocating for the complete or partial removal of drug screening for TANF applicants would help prevent ineffective use of state taxpayer dollars—studies show operating costs exceed money saved from denying benefits and stop states from perpetuating racist and classist stereotypes.
Key Resources:
CLASP’s Policy Brief on Drug Testing and Public Assistance: This brief from CLASP provides an overview of drug testing policies for TANF, as well as other public assistance programs such as SNAP and UI. Topics in the brief includes how courts have rejected the constitutionality of suspicionless testing; ways in which current states establish drug screening policies; costly nature of drug testing policies; and the harmful effects of drug testing for families in need. The brief’s appendix also includes a table listing drug testing policies for each date. You may want to check with CLASP or CBPP staff for the most current state data if the data in this brief seem dated.
Drug Testing & TANF – Oklahoma Policy Institute (okpolicy.org): This short fact sheet from the Oklahoma Policy Institute was created in response to a bill that required TANF applicants to submit to and pay for a drug test. This document can provide helpful talking points for state advocates who may encounter similar bills in their own states.
ThinkProgress: What 13 states discovered after spending hundreds of thousands drug testing the poor: This 2019 article by ThinkProgress contains calculations of the monetary cost of drug screening and testing policies for taxpayers in thirteen different states. In the states that they analyzed, less than 1% of applicants were rejected from TANF due to drug use.
Congressional Research Service: Drug Testing and Crime-Related Restrictions in TANF, SNAP, and Housing Assistance: This in-depth report by the Congressional Research Service compares and contrasts drug testing policies across three different public assistance programs. With regard to TANF, the report provides an overall description of TANF drug testing policies as well as past legal litigation around drug testing policies. In the appendix, it also provides tables that outline different drug testing policies across states but note that the data is from 2016.