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Drug Testing as an Element of the Everlasting Drug War

NCJ Number
106929
Journal
Nova Law Review Volume: 11 Issue: 2 Dated: (Winter 1987) Pages: 693-701
Author(s)
E C Shaw; R T Fleming
Date Published
1987
Length
9 pages
Annotation
Federal legislation has not been sufficiently tough to counter the supply side of drug trafficking, and if the Federal attack on the demand side of the drug problem is to be effective, drug testing in the workplace must be instituted.
Abstract
Congress has toughened criminal laws against the drug smuggler. The White House and the Pentagon have permitted the use of the military to counter drug smuggling across U.S. borders, and the courts have imposed tougher sentences and higher bail requirements to deter drug trafficking. To date, Federal action has failed to curb drug abuse and significantly reduce drug smuggling. Accepting failure at stopping drug abuse from the supply side, the 99th Congress shifted its focus on the demand side through prevention efforts, but no drug testing of Federal employees has been mandated except through President Reagan's Executive Order 12435. The Federal Government has the right to ensure that its employees function in a drug-free workplace, and a reasonable testing program is available to help promote this without violating employees' constitutional protections. 19 footnotes.

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