AG: state can't drug test welfare recipients

Friday, March 16, 2012, Vol. 36, No. 11

NASHVILLE (AP) - A Tennessee attorney general's opinion says the state can't broadly drug test people as a condition of receiving welfare.

The opinion, which was issued this week by Robert Coopers' office, is a response to several bills pending in the state legislature that seek to drug test welfare recipients.

The opinion says the requirement would violate federal laws regulating Social Security, the federal food stamp program and the state Medicaid plan.

In addition, the opinion says it would violate the constitutional rights of welfare recipients who have a right not be drug tested unless there is suspicion that they are taking illicit drugs.