Multiple states have implemented drug screening followed by testing of TANF applicants and have proposed similar requirements for other public benefit programs. These stigmatizing proposals and laws are based on stereotypes about people who need public benefits and are an ineffective means of identifying individuals in need of drug treatment. Suspicionless drug testing for public assistance has repeatedly been found unconstitutional.
In 2013, at least 30 states brought forward proposals to screen or chemically test individuals applying for public benefits for drug use. Kansas and Texas enacted suspicion-based drug testing for TANF (Temporary Assistance for Needy Families.)
This week, the federal 11th circuit court of appeals upheld the injunction on Florida's suspicionless drug testing program. The decision will continue to prevent Florida from implementing its 2011 suspicionless, or universal, drug testing law for TANF applicants.