Constitutional Analysis of Suspicionless Drug Testing Requirements for the Receipt of Governmental Benefits

"Federal or state laws that condition the initial or ongoing receipt of governmental benefits on

passing drug tests without regard to individualized suspicion of illicit drug use may be subject to

constitutional challenge. To date, two state laws requiring suspicionless drug tests as a condition

to receiving governmental benefits have sparked litigation, and neither case has been fully

litigated on the merits..."
Suspicionless drug testing