Drug testing for benefits in Tennessee yields only 65 positives

• Just 65 of 39,121 people applying for Families First in Tennessee tested positive.
• 116 refused to participate in drug screening questionnaire, disqualifying them for benefits.
• The total cost of drug testing so far: $23,592.

A Tennessee law requiring drug screening and testing of public benefit seekers has yielded few positives for illicit drugs — and no one has been denied benefits for failing a drug test, though scores of people have walked away from the application process.

Just 65 of 39,121 people applying for a cash assistance program known as Families First in Tennessee tested positive for illegal substances or drugs for which they had no prescription since the law was implemented July 1, 2014, according to data provided by the Department of Human Services to The Tennessean.

An additional 116 refused to participate in an initial drug screening questionnaire, automatically disqualifying them for benefits.

The total cost of drug testing so far: $23,592.

Opponents of the drug testing requirement point to the small fraction of people testing positive for drugs — less than 1 percent of all applicants tested positive — as a sign the policy is a failure based on an unfair perception that poorer Tennesseans are more likely to abuse drugs.

"I thought the legislation when it passed was ridiculous," said state Rep. Sherry Jones, a Nashville Democrat. "I still think it's ridiculous. Obviously the numbers don’t justify the cost, and in other states that have done this program their numbers don’t justify this cost either."

But Rep. Glen Casada, who voted in favor of the law, disagrees.

"When you add up the 116 (who refused to go through drug screening) to the 65 people (who failed a drug test), that's 175 or 180 people no longer receiving taxpayer-funded support for illegal activities," the Republican lawmaker said. "It's a good investment that those who receive support at the largesse of taxpayers should not be using it to fund illegal activities."

The average monthly benefit of the cash assistance program was $165 per month in December - or $1,980 per year. The 116 people who refused to take the test otherwise might have cost $230,000 each year, had they gone forward and otherwise qualified for benefits.

It's a fundamental disagreement that is playing out in 16 state legislatures across the country that are weighing similar proposals. In West Virginia, lawmakers are considering a proposal that would require drug testing of applicants who have "qualities indicative of substance abuse," have a drug-related conviction within the past five years or who have had a baby  who tested positive for controlled substances within five days of birth.

In response, a West Virginia lawmaker opposed to that bill introduced legislation requiring drug testing of lawmakers before each vote.

Drug testing proposals have been debated since President Bill Clinton enacted welfare reform in 1996, but began to gain steam in 2011, according to the National Council on State Legislatures.

Under Tennessee's rules, all applicants for Families First, which provides a small monthly stipend for qualifying families with children, must answer a three-question written test — a step 116 people refused to take, disqualifying them from benefits.

Applicants who answer "yes" to any of the questions — if they have used illegal drugs, lost or been denied a job because of drug use or had any scheduled court appearances related to drugs within the past three months — are asked to take a drug test.

Since the law got started, 609 people have been asked to take a drug test: 544 tested negative and 65 tested positive. Of those, 40 were referred for substance abuse evaluation and 13 enrolled in a drug treatment facility or recovery support group — a condition of receiving benefits.

In addition to the 116 who refused to complete the questionnaire, an additional 82 people dropped out at some point in the application process. DHS spokeswoman Stephanie Jarnagin said there could be a variety of reasons for that and "it is not accurate to say that these were all because of the drug screening or testing policy."

Reach Anita Wadhwani at 615-259-8092 and on Twitter @AnitaWadhwani.