Wisconsin’s Drug Testing for Social Programs

(Spring 2018) In December 2017, Wisconsin Governor Scott Walker decided to go forward with a plan to drug test able-bodied residents receiving FoodShare, the Badger State’s form of the federal Supplemental Nutrition Assistance Program (SNAP). The measure, passed two years ago by Wisconsin’s legislators, mandates that individuals without children who are applying for FoodShare must pass a drug test before being approved. Those identified with illicit substances in their systems would be denied FoodShare assistance and instead be directed to treatment underwritten by the state if the violators could not pay for it on their own.

Walker posits that the legislation is a means of bringing more drug-free workers to the pool of potential hires, but others argue that there are alternatives to this proposal. Walker’s administration says around 220, or 0.3%, of the 67,400 annual applicants are expected to fail a drug screening.

At this time, interpretation of the Fourth Amendment bans states from requiring applicants to meet additional standards to qualify for the SNAP program. In 2014 Florida had a similar plan to Wisconsin’s which was blocked by the federal government claiming Florida’s plan was an unreasonable search. After not getting a definitive answer about the legality of the bill from DC for two years, Walker is taking the matter into his own hands and has put the bill before the state legislature. Wisconsin, although a groundbreaker in this matter, is not alone. In 2016, 11 additional state governors also requested federal approval to screen their residents receiving food stamps.

Pushback is anticipated if Wisconsin proceeds, though. Lawsuits are expected in an attempt to nullify the bill unless the federal government moves to halt it first. Walker’s budget, however, assumes the measure will be approved at the federal level, as it includes drug testing for all able-bodied individuals without children who are applying for state Medicaid assistance as well. His budget also anticipates SNAP drug screening laws to be widened to individuals with children ages 6 to 18.

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