Sen. James Moylan has introduced Bill 26, which would require all elected officials, appointed officials and members of government boards and commissions to submit to a mandatory drug test if the legislation becomes law.
The Republican senator also introduced a legislative resolution that would require legislative employees, including senators' staff members, to go through drug screening.
Moylan said his efforts will support the island's war on drugs.
Employees and officials whose tests show drug use will have to resign from their government employment, he said.
Moylan said legislative staffers' drug testing should be paid by the senatorial office that employs them. It costs less than $50 for a drug test, he said.
“We have to first recognize that we have a drug epidemic on island, and furthermore, we need to establish a firm commitment that only as a community can we win this war,” Moylan said. “In the coming days and weeks, I will be introducing a comprehensive series of bills aimed at tackling the drug problem from various approaches. For the sake of our island’s future, this is a war we must win together,” added the senator.
Random drug testing 'unconstitutional'
An October 2017 opinion by the Guam attorney general's office states, however, that random drug testing for all government of Guam employees violates the U.S. Constitution's protection of people's right to privacy and from illegal searches.
"The Fourth Amendment of the United States Constitution protects '[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,'" the opinion states.
"It protects individuals from unreasonable searches conducted by the government, even when the government acts as employer," the AG's opinion stated. It added: "The collection and testing of blood, breath, or urine intrudes upon reasonable expectations of privacy such that these intrusions are deemed searches under the Fourth Amendment of the United States Constitution."
GovGuam should have zero tolerance against drug use, Moylan said.
“If we are committed to passing laws to combat the drug epidemic on island, then the zero tolerance policy must start here. We have to set the bar high on tackling the drug problem, and we are far from done,” Moylan said.