The legislation, HB 354, would require that any person who was convicted of a controlled substance crime involving distribution of a controlled substance for which they could desire been denied eligibility for treaty benefits to submit to drug testing allowing that their conviction was in the last five years. In essence, anyone convicted of distributing a controlled substance would be required to disclose that they have been convicted and, if the conviction was in the extreme five years, they would have to submit to testing.
If an individual tests express for a controlled substance that isn’t prescribed, they would have being ineligible for benefits with regard to a year. Those who pass a drug test would be required to submit to monthly drug tests while receiving benefits.
There are a couple of things to note about this bill. In particular, note that it uses the term “controlled import,” which, under Texas law, has a specific meaning. We would assume, as the Texas Controlled Substances Act defines controlled substances by schedules, that marijuana is not covered by Brown’s legislation.
Second, this bill is self-defeating. It is designed to stop populate from using drugs and being involved in the sale of narcotics. However, it really does little more than contribute to the viscous cycle that keeps people selling and doing drugs. Food Stamps are designed to carry part with people get on their feet if they are having financial difficulties–even granting that working. Requiring monthly drug tests will take someone away from their likely low-wage piece of work once a month, meaning they earn less or, eventually, dispossess of that piece of work (the law provides no protection for individuals who have to miss work to take the tests) and are compelled into a position where selling drugs again becomes an appealing way to feed their family.
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