As it stands now, 5 percent of those people tested come up positive. The current test checks for the presence of five drugs. The proposed legislation would require drug testing for all applicants. The tests would check for 10 drugs, rather than five, and the applicant would pay for the test up front, then be reimbursed if he passes.
Having the applicant pay for the test may constitute an undue burden. From a legal standpoint, we are not treading virgin ground here. Michigan tried this in 2003, and was struck down on Fourth Amendment reasons. Florida tried it last year, and there is a standing temporary injunction to block their implementation, again on Fourth Amendment grounds. If we go down this road, we’ll be making a trip to the 10th Circuit Court in Denver in short order.
From an economic standpoint, we, the taxpayers, will ultimately pay for the drug testing of the 95 percent who prove clean ($50 per test, let’s say), in exchange for saving the payment of benefits of the 5 percent who fail the test. If that by itself is a winning proposition, and I’m not sure it is to begin with, ensure that you subtract from that “profit” the cost of defending the coming slew of lawsuits. In the end, this bill will likely end up costing much more than it would save, all in the name of principle.
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