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Governmental Drug-Testing and the Sense of Community

NCJ Number
106918
Journal
Nova Law Review Volume: 11 Issue: 2 Dated: (Winter 1987) Pages: 295-305
Author(s)
G Anastaplo
Date Published
1987
Length
11 pages
Annotation
Drug testing by the Federal Government as employer is not cost effective and may be unconstitutional. Drug abuse should be approached as as public health problem rather than a criminal issue.
Abstract
Drug abuse is spawned by the self-indulgence pervading American society. A restoration of commitment to the public interest and a high quality of community life is required to reduce the demand for drugs. The current Federal enthusiasm for drug testing in the workplace is likely to be short lived as its political appeal wanes, its high cost and ineffectiveness becomes apparent, and constitutional challenges restrict procedures. In considering alternative policies for addressing drug abuse as a public health rather than a criminal problem, decriminalization is appealing because it would undermine large-scale criminal networks fueled by the huge profits to be made from a high-demand, illicit product. Government-sponsored education programs to attack self-indulgence and promote responsible communal behavior are needed. Drugs, alcohol, and tobacco should be treated similarly as threats to public health. Their advertising should be prohibited, and producers and distributors should be civilly liable for damages due to the use of the product.

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