Pubdate: Mon,  2 Dec 2002
Source: Detroit Free Press (MI)
Copyright: 2002 Detroit Free Press
Contact:  http://www.freep.com/
Details: http://www.mapinc.org/media/125
Author: Jorge Delva
Note: JORGE DELVA is an assistant professor of social work at the University
of Michigan.

Local Comment

MAKE DRUG TESTING FAIR

Welfare Recipients Singled Out In U.S. Ruling; Data Show Illicit Use 
Greater At Higher Incomes

The recent federal appeals court decision to permit drug testing of welfare 
recipients unfairly singles out one group.

A policy like this, aimed at identifying a small number of people who use 
drugs, reminds me of the person who loses his keys in the dark but looks 
for them under the street light. It's a convenient but irrational strategy.

Instead of targeting the poor and disenfranchised, drug testing should be 
an inclusive policy in which every American should be equally likely to be 
tested. This is in line with the U.S. 6th Circuit Court of Appeals 
decision, which said Michigan's drug-testing program is constitutional and 
based on a legitimate need to protect the children of recipients and the 
public.

I propose two strategies that would protect all of our children -- not only 
those of welfare recipients -- and identify the most likely drug users.

First, all home owners seeking a tax break should submit documentation 
proving they are drug free. As an incentive for drug testing, its cost 
could be deducted from local, state and federal taxes if the results are 
negative. In addition, all test results should be presented at driver's 
license renewals.

While these ideas may seem absurd, they are consistent with scientific data 
from national surveys stating that most drug using youths and adults are 
among middle and upper classes, not welfare recipients.

For example, according to the 2000 National Household Survey on Drug Abuse, 
about 5.5 million people whose family income was under $10,000 reported 
having used an illicit drug once in their lives. This number of people 
corresponds to nearly 35 percent of those with this income.

On the other hand, over 21 million people with an income over $75,000 
reported having used an illicit drug at least once in their lives. This is 
about 45 percent of those within this income bracket.

Such programs would eliminate the difference between testing individuals 
who receive welfare support and testing those who receive state support 
through tax breaks and other subsidies.

If testing is an important step to help individuals, we need to make this 
opportunity available to everyone. Far more children would be protected.

The plight of Florida Gov. Jeb Bush and his family is a case in point. His 
daughter used drugs. She has been arrested. She served time in jail and has 
been in and out of treatment. She has struggled with sobriety. She broke 
the law.

Should her father's position and residence be in jeopardy until the family 
properly addresses the problem?

If not, then why is it acceptable to assume "reasonable suspicion" or 
"probable cause" among welfare recipients, but not among the non-welfare 
population, where most drug users are found? Policies should be 
consistently applied to everyone -- the haves and have-nots. If laws make 
government services contingent upon drug testing, let's test all service 
recipients.

It is no coincidence that drug testing only of welfare recipients is 
adopted by lawmakers, because most welfare recipients don't vote. The 
voices of welfare recipients do not influence policy makers' decisions the 
way middle- and upper-class constituencies do.

But all of us should pay attention to correcting problems associated with 
drugs, especially the lack of accessible, affordable and adequate substance 
abuse treatment services.

Both outpatient and residential treatment programs are in short supply, and 
few to none of them have the expertise or resources to meet the needs of 
people living in or near poverty. Until we address drug use as a public 
health problem rather than a criminal problem, the proper prevention and 
treatment services will not be in place.

The American Civil Liberties Union and the welfare recipients who filed the 
suit against the state's drug testing program are deciding whether to 
appeal to the U.S. Supreme Court. But I look forward to the day when courts 
look at substance abuse services and mandate that they be funded so they 
are readily available and of high quality.

That would be a far more productive use of their energy than assuming the 
poor have committed a crime because they are poor.
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MAP posted-by: Beth