AG says GovGuam random drug testing illegal

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“While drug testing can be a deterrence for drug use, suspicion-less drug testing is a violation of the Fourth Amendment,” said Attorney General Barrett-Anderson.

(OAG) – Attorney General Elizabeth Barrett-Anderson issued an opinion today stating that random drug testing of 100 percent of all government of Guam employees is a violation of the Fourth Amendment of the United States Constitution.

This is in response to a request made by Senator Telena Nelson, Chairperson for Committee on Public Safety, who sought the legal advice of the Attorney General before introducing legislation regarding drug testing of government of Guam employees.

“In order to pass constitutional muster, the government employer has the burden of demonstrating a ‘special need’ to conduct suspicionless searches beyond crime detection,” said Attorney General Barrett-Anderson.

Random drug testing based on a general need to deter drug use by government employees, or broad stroke legislation to institute random drug testing of all government of Guam, is not constitutional.