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R42326Constitutional Questions

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

Federal & State Law Editorial TeamLast reviewed: January 2012
January 19, 2012

Summary

This report gives an overview of the issues related to federal or state laws that condition the initial or ongoing receipt of governmental benefits on passing drug tests. These regulations are vulnerable to constitutional challenge, most often due to issues of personal privacy and Fourth Amendment protections against "unreasonable searches."

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Note: CRS reports are prepared for Members of Congress and their staffs. This summary is provided for informational purposes and does not constitute legal advice.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.