The Bangor Daily News reported Wednesday that Maine Governor Paul LePage announced his administration will move forward with the plan of requiring people applying for or receiving cash benefits to take a drug test when they apply.
The provision, which focuses on individuals convicted of drug felonies, was passed into law in 2011 as part of a $6.1 billion biennial budget bill. The Bangor Daily News reports that Democrats blasted the governor for waiting until now to implement a three-year-old law that resulted from a bipartisan negotiation. The launch of the mandate comes as the Department of Health and Human Services bolstered its drug-testing process to ensure privacy and fairness, according to the Bangor Daily News:
The attorney general’s office will have to approve the final rule before it’s implemented to make sure it is legal and in line with the intent of the original legislation, according to DHHS spokesman John Martins.
“Maine people expect their tax dollars to be spent supporting the most vulnerable citizens — children, the elderly and the disabled,” said LePage in a written statement. “We must ensure that our tax dollars do not enable the continuation of a drug addiction. TANF is a short-term benefit that assists families and children with the basic necessities. If someone tests positive for drugs, they are clearly putting their addiction ahead of their family’s needs. Being drug-free is a critical aspect of moving away from poverty and toward self-sufficiency.”
Under the program, TANF applicants or recipients with prior drug-related felony convictions will be subject to a state-administered drug test and those who test positive will have the option to be retested and can avoid termination of benefits by enrolling in a substance abuse program approved by DHHS. Those who fail to disclose they are convicted drug felons will face immediate termination of benefits.
The American Civil Liberties Union of Maine blasted the proposal as “unfair and harmful to our state.”
“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, the ACLU’s executive director, in a written statement. “If we truly want to combat drug addiction, we should fund more drug treatment programs rather than blocking access to much-needed assistance.”
As a result, Democrats in the state congress accused the governor of trying to score political points during an election year:
House Speaker Mark Eves, a Democrat from North Berwick, who said he helped negotiate the 2011 budget language that includes the drug-testing provision, said Wednesday that the governor is trying to gain points with voters in an election year.
“This new law has been on the books for years, yet LePage hasn’t enforced it,” said Eves in a written statement. “We need leaders who are serious about solving problems and enforcing the law, not simply scoring political points in an election year at a time when Maine’s economy is lagging.”
The drug-testing program is one in a series of initiatives LePage has launched during his term in office that are centered around what he calls welfare reform. Some of the initiatives, such as a program to put identification photos on state-issued electronic benefits transfer cards and another program to bar undocumented immigrants from receiving General Assistance payments, were carried out in recent months. The latter is the subject of an ongoing legal challenge.
Republicans meanwhile feel like the move could help them win over Independents. The governor is embattled this year, facing not just a Democratic opponent (Mike Michaud) but also two Independents as well — Eliot Cutler and Lee Schultheis. Michaud spokeswoman, Lizzy Reinholt, said that Michaud supports the move and in particular supports the provision that steers addicts towards treatment if they test positive.
Drug testing for TANF benefits is not a new move for the state, according to the Bangor Daily News:
The concept of drug-testing TANF recipients is not new in Maine. Democratic Rep. Paulette Beaudoin of Biddeford last proposed a bill that would allow random drug testing of all public assistance recipients, but that bill died in committee. LePage has been talking about launching such a program since he was elected, though his early proposals would have barred drug felons from receiving TANF altogether.
Drug testing for welfare recipients has been debated in a number of states in recent years. Florida began to require drug tests for all people seeking welfare benefits in 2011. The state implemented the drug-testing requirement for four months before a federal judge issued an injunction that put the law on hold, and the Florida law was later struck down.
Health and Human Services Commissioner Mary Mayhew said Maine’s drug-testing proposal aligns with federal law.
“Our rules are drafted according to the knowledge we have gained over the last several months,” said Mayhew in a written statement.
While this is all well and good, it runs into some problems: what about the children of individuals with drug felonies? What did they do to deserve it? All it takes to score a drug felony is possession of a controlled substance. For talking about children as much as they do, Republicans sure are eager to punish them for their parents misdeeds.