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Bethany St. James

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Is Peeing in a Little Plastic Cup Violating Your Constitutional Rights?

Posted: 12/19/11 02:52 PM ET

That question is back on the legislative table after more than a dozen states this year tried to push drug-testing bills for the jobless as a way to end the frivolous distribution of tax dollars being used for unemployment benefit programs. House Republicans passed a bill on Dec. 13, allowing states to drug test despite the fact that many believe it violates citizens' rights on top of being too costly.

Last year, the United States spent $160 billion on unemployment benefits. Under normal economic conditions, that's a staggering amount of money, and in the current fiscal crisis, I would argue that we simply cannot handle payouts of this magnitude. Personally, I'm tired of my hard-earned tax dollars being used to aid drug users and people who just don't want to work. Don't get me wrong, I'm not targeting everyone who is unemployed. However, if you are seeking government benefits or employment, you should know you are going to be asked to pee in a cup -- and pass. It seems to me that people tend to argue that drug-testing is a violation of their rights only when they have something to hide. It's akin to going to a bar -- only those patrons who aren't yet old enough to drink are seen throwing a fit about having to show ID.

While I am in favor of decriminalizing marijuana, the fact is its remains illegal until federal law says otherwise. If someone who is applying for welfare has enough money to buy pot, then they certainly don't need my tax dollars to help them pay for child care. If an applicant can't find a job or is denied unemployment benefits because they have been busted using hard drugs, including cocaine or heroin, then good! They should be turned away. Instead, we should use some of that $160 billion to pay for drug-counseling centers and educational programs. I wholly agree with Gov. Nikki Haley (R- South Carolina), who remarked that "We don't have an unemployment problem. We have an education and poverty problem."

Lawmakers, including Senate Majority Leader Harry Reid (D-Nevada) disagree with this new bill. Reid, like so many politicians, is too far removed from the realities that plague the lives of working-class Americans. Reid claims he finds the bill "ridiculous." Funny, I find that statement ridiculous, considering he was laughed right out of the Capitol when he proposed shutting down legal brothels in 10 counties across Nevada, a move that would have pushed the economically-crippled state into a deeper financial crisis. Reid, so off the mark, went as far as to blame legal brothels for tarnishing Las Vegas' so-called image for high moral conduct. Seriously?

Drug testing isn't unconstitutional, but what should be unconstitutional is blowing tax dollars on assisting individuals who knowingly break the law -- criminals. Instead, we should allow those who are willing and able to pass a drug test get the financial assistance they need. My heart goes out to those hard-working Americans who have lost their jobs in the wake of this economic meltdown. This crisis has touched many people close to me, and I can assure you that none of them would refuse to take a standard drug test if it meant earning a wage again.

There are too many jobless Americans out there, many who still need, and deserve, a financial crutch to see them through. It is those people who should be entitled to our money. That's why it is time for us to start filtering out the greedy from the needy.

 

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HUFFPOST SUPER USER
TheRoosterman
Crazy Texan
09:54 PM on 12/30/2011
What if we make a law that says you can't buy a xbox 360 for your kids if you're on unemployment benefits. As a matter of fact it should be required that if you're on unemployment benefits you can only buy food, cloths and pay bills. How about that?

You and the rest of our government are completely ignorant of the facts.
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HUFFPOST SUPER USER
gneep
if it wasn't always the same, it'd be different
06:13 PM on 12/30/2011
The GOV has absolutely NO RIGHT to your body and it's fluids.
03:41 PM on 12/26/2011
Interesting... so you have no problem with welfare applicants using tobacco, alcohol, caffeine, and massive amounts of processed sugars and fat. You also want to help create a permanent underclass of people who don't pass drug tests and therefore should be barred from working. Americans use drugs, lots of them, and most of those who do work and pay taxes. The fact that you put enough sentences together for this piece is absolutely amazing given how ignorant it makes you appear.
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07:37 PM on 12/25/2011
My unemployment is not your money. Unfortunately, unbelievably, the people who run this country are as misinformed as you are. It becomes more apparent every day that the ones who need drug testing are the ones in D.C., who vote on their salary, get benefits for life, and are as dumb as a table leg.
Have you figured out what your drug test/witch hunt scheme would cost, or will you be charging that to the already desperately poor people that you are so intent on keeping your money from? When we start testing the Congress, let's include the most popular drug of all, alcohol.
By the way-Gov. (for now) Haley is not someone I would brag about agreeing with. She's got her own problems.
01:02 AM on 12/25/2011
Another thing, if use of tax dollars is the justification for testing, then we should test EVERYONE getting tax money. Politicians, public employees, defense contractors, employees and executives of any company getting tax subsidies.
12:58 AM on 12/25/2011
I worked for 20 years before being laid off and collecting unemployment. I paid into that system while working so it is not 'other people's tax money'. I have done nothing to put myself under suspicion for drug use, therefore the government does not have a right to search me through a urine test. If I had prior convictions or anything that might indicate drug use that would be one thing, but blanket drug testing of all recipients is rediculous. Not to mention that the tests can register false positives.

In Florida where they have instituted such a policy, the cost of the drug tests are outweighing the money saved by the number of people testing positive and being refused benefits. So money isn't being saved.

Our rights and freedoms are more valuable than any money that might be saved (if any). To test the other 90% of the people to catch the 10% that might be using is wrong. It is also erroneous to compare it to employer testing since the constituion restricts what government can do, not private employers.
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HUFFPOST SUPER USER
Nicon
10:41 PM on 12/22/2011
First they came for the communists,
and I didn't speak out because I wasn't a communist.

Then they came for the trade unionists,
and I didn't speak out because I wasn't a trade unionist.

Then they came for the Jews,
and I didn't speak out because I wasn't a Jew.

Then they came for me
and there was no one left to speak out for me.
pastor Martin Niemöller

2 real good reasons this is a waste of time and money.

reason 1. The idea that the unemployed are drug users is a myth. This has been proven wrong time and again. The high unemployment rate right now is caused by to many things to list here, and sure 1-5% of those on unemployment do test positive for Marijuana but on public assistance they are costing you less then they would if they were in prison.

Which brings us reason number 2. Your spending millions of dollars to drug test hundreds of thousands unemployed to catch hundreds of drug users. Who are then jailed for using drugs costing tax payers even more.

It makes you feel better to be able to sit at home and think that your tax money is no longer going to "druggies" when in reality you spend more on pot smokers than you do on public education.
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Talab
I tot i taw a putty tat
01:09 PM on 12/22/2011
If someone who is applying for welfare has enough money to buy pot, then they certainly don't need my tax dollars to help them pay for child care.....

So it is inconceivable that the person in question might have ...GROWN the pot instead of buying it ... after all it grows like a weed ( pun intended ) ... before testing people that are out of work how about testing everyone the currently works for the government or receives money from the government first (legislators, defense contractors , judiciary . lawyers , law enforcement , prison contractors and their staff ect ect ect ) seems like that would create enough new jobs to end the recession and end those pesky rights against unwarranted search and seizure not to mention creating orgasms of joy on the right
05:55 PM on 12/21/2011
Unemployment benefits do not exist to further drug policy, they exist to help the unemployed and to stimulate the eocnomy. Linking unemployment benefits to drug testings makes as much sense as linking them to a healthy diet, volunteer work, or following the speed limit. Those are all great things, but they have seperate systems to promote them. We should enforce drug policy, misguided though it often is, through police work, not with unemployment benefits.

Statistacally, it would likely end up costing more money as the number people disqualified for benefits would need to be quite large to balance the cost of frequent testing on millions of unemployed workers. If the goal is to save money, drug testing will fail.
04:06 PM on 12/21/2011
The author states "It seems to me that people tend to argue that drug-testing is a violation of their rights only when they have something to hide." By that logic, people that tend to argue that acts which actually do violate their Constitutionally guaranteed rights are only concerned about those rights if they have something to hide. Shameless hypocrisy! The author further states: "I wholly agree with Gov. Nikki Haley, who remarked that "We don't have an unemployment problem. We have an education and poverty problem." Nonsense! Many of the unemployed are well educated and were not at the poverty level until the financial crisis re-distributed wealth from the middle class to the elites who are now hoarding that wealth. I agree there is an education problem and a poverty problem, but the mere existence of these two problems do not negate the existence of the unemployment problem. Lastly, the author supports legal prostitution. I would argue that the author is only tolerant of the vice(s) she has a personal stake in and therefore her logic is flawed by her self-interest. The inevitable FACT that this author fails to grasp is that these programs cost more to administer than they save the states in denied benefits. It has been tried and proven to be a financial boondoggle. She is clearly trying to make a legal argument from a moral position, something I would wager she would find objectionable once the topic turned to her profession.
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02:23 PM on 12/21/2011
As long as Congress has to take same drug test!
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HUFFPOST SUPER USER
gneep
if it wasn't always the same, it'd be different
06:18 PM on 12/30/2011
lets start locally and demand urine tests for all GOV employees.
11:45 AM on 12/21/2011
Just a small FYI to all - Income taxes are paid by those receiving unemployment benefits and prior to receiving UI the recipient paid income taxes on the job they held. Why do you make the argument that 'taxpayers' are paying for benefits when the recipient was and still is a tax payer?

Keep advocating for legalized brothels (I agree!) and stop worrying about the $200 - $300 a week that a random pot head might get until landing another job.
04:30 PM on 12/20/2011
I was forced to do a drug test when child abuse rumors were thrown my way because my autistic son made "disturbing" noises. It's humiliating being forced to pee in a cup when you know you have done nothing wrong. Until you have to do it, GET OFF YOUR HIGH HORSE.

And the costs to taxpayers for drug-testing people who, for the most part, can't afford drugs is just ridiculous. In Florida where they tried this out, the savings didn't cover the costs to the state to put everybody through drug testing.

Drug tests are easy to pass if you're a user, especially if you know you'll have to pass it at a set time. The only people who stand to lose money here are the 1% or so who get false positives. How is that for justice?
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HUFFPOST BLOGGER
Bethany St. James
11:34 PM on 12/20/2011
Actually, in my profession I'm blood tested once a week as well as a full GYN exam.. So I do have first hand knowledge of being asked to submit to testing.
With Respect,
Bethany St. James
01:50 AM on 12/21/2011
Agreeing to a drug test as a condition of employment is very different from being told "take a drug test or you'll lose something important to you". I have done a drug test for employment, and the two experiences do not compare. You do not have first-hand knowledge with being FORCED to take a drug test.
01:52 AM on 12/21/2011
Also, a drug test where you pee in front of somebody who is trained to demean you (mocking me for claiming I'd be clean, for instance) is a whole different story than submitting to a blood test. Especially when the test is nothing more than a reaction to public fear of drugs being related to every conceivable crime on the books. Especially when you know you've done nothing wrong, but have to submit in order to clear your somehow tarnished name.

You have no idea what you're talking about.
04:13 PM on 12/20/2011
Too breathy again...here's the rest of the story:

Some addicts are proficient at the art of concealment and do what they can to cloak the truth.

Some research indicates drug tests generally produce false positive results in as little as 5 and up to 10 percent of cases. Before this kind of requirement is mandated there are many issues which need to be addressed.

I agree with Ms. St. James on not wishing to fund criminals and criminal behavior(s) but the science does not appear to be there yet for this to be used in the mainstream. Besides if you really want to get to the core issue of government spending and misappropriation this issue pales in comparison to what Senators,Congressmen and Presidents (past and present) have done in the collective to plunder the coffers. The criminality in this venue is staggering yet largely little or nothing is mentioned or more to the point done about it.
04:09 PM on 12/20/2011
I don't have a problem per se with drug testing in this field,however I see it rifle with complications leading to disputes and other entanglements. My primary issue is the issue of false positive results standard tests as they are proctored yield results which are less than pristine due to a myriad of factors.

Eating as little as a teaspoon of poppy seeds,less than the amount on a poppy seed bagel,can produce false positive results on tests for opioid abuse, these poppy seeds can lead to false positive results for two or three days. Cold medications,Wellbutrin (a well known antidepressant) and tricyclic antidepressants ( Vanatrip,Elavil,Endep, Adapin and Vivactil to name a few) can trigger false positive results on tests for amphetamines. Zoloft (another well known and used antidepressant)and the painkiller Daypro can show up as a benzos issue. Quinolone antibiotic drugs can trigger false positives for opioids, Sustiva (used to treat HIV) can show up as marijuana use.

Then what about prescription drug abuse, many of these tests can provide false negative results for Percocet, Roxicet and Tylox (Oxycodones). Many times doctors need to order special tests for screening oxycodone(s) and they are simply unaware this is the case.

In addition, I am not aware of any federal guidelines setting threshold levels for positive results, at last pass this was an issue still in play.Then we have the issue of dissembling and disguising the specimens. "Flushing", substituting, and reverse chemistry are all in play as it applies to testing.