That's the stickler. I'm sure the State lawyers advised them of this clause.
IMHO, if they tested them all, a much higher percentage would test positive.
In the first month of Tennessee's law, 812 people applied for benefits. 802 of them passed the written drug screening. Four people refused to take part in drug screening and were denied benefits. Of the six remaining who were tested, only one tested positive for drugs and was referred to a drug-treatment center (paid for by you know who).
So, yes, it is a joke of a program and a complete waste of money. Political posturing by congress critters who want to look tough on welfare while enacting a feel-good, do-nothing law with loopholes big enough to drive a truck through.
IMHO, if they tested them all, a much higher percentage would test positive.
Sure, but I don't think that much higher. I've never believed that the concept of drug testing welfare recipients would have the payoff that proponents hoped for. Most people collecting welfare are poor single mothers and I don't think drug use is terribly high among this demographic. Young mothers who are drug addicts have already seen their children taken away by the state and, as such, don't qualify for welfare.