AN OFTEN OVERLOOKED provision in the 1996 welfare reform act barred felons with drug convictions from obtaining welfare — including participation in the Supplemental Nutrition Assistance Program (SNAP, formerly known as food stamps) — unless states actively waived those restrictions.
Sen. Phil Gramm, R-Texas, who was responsible for adding this provision to the bill, argued at the time that he was merely “asking a higher standard of behavior of people on welfare.”
But Cynthia Godsoe, writing in the Berkeley Women’s Law Journal two years after the law’s passage, objected: “This comment reflects the opinion that people are completely morally responsible for using and selling drugs, rather than influenced by addiction, poverty, and other health-related and social factors.” She then added, “It also reflects a misguided belief that denial of benefits will reduce drug abuse and drug-related crime.”
Twenty-two years later, a Ph.D student in the economics department at the University of Maryland has been able to test the actual effects of the ban. Cody Tuttle, whose paper was released earlier this spring, found that at least in Florida, the law had the opposite intended effect — increasing recidivism among drug traffickers, rather than reducing it.