AUGUSTA – The governor’s proposal to require invasive drug tests of poor people who qualify for temporary assistance is unfair and harmful to our state, according to the ACLU of Maine.
Gov. LePage announced today that he is pushing forward with a plan to subject people with prior drug felony convictions to drug tests before they can receive Temporary Assistance for Needy Families (TANF) benefits. In Maine, being caught with even one tablet of the painkillers oxycodone and hydrocodone can result in a felony conviction.
“The governor should be focused on policies that help Maine families, not yanking out the safety net and depriving them of food,” said Alison Beyea, executive director of the ACLU of Maine. “If we truly want to combat drug addiction, we should fund more drug treatment programs rather than blocking access to much needed assistance.”
The Maine legislature rejected two similar proposals in 2013. LD 678 would have authorized random drug testing of TANF recipients and LD 1443 would have barred people with drug convictions from receiving TANF.
The governor’s proposal does not say who will shoulder the costs associated with the mandatory drug tests, but programs like this one can prove costly to states. In addition to the cost of the tests themselves, there is the added cost of training personnel to administer them and providing an appeals process for false positive tests.
Programs like this one also raise privacy concerns. Without proper restrictions, the state may retain DNA information about individuals. And tests that screen for drugs can also reveal other, highly personal medical information.
“Policies like this one treat some people like they have fewer privacy rights simply because they have trouble making ends meet,” said Alison Beyea, executive director of the ACLU of Maine. “The last time I checked, the Fourth Amendment applies to everybody.”
