A federal waiver is required in order to test FSET participants, creating a roadblock for Walker.

"Drug testing for SNAP is allowable only in very limited circumstances," U.S. Secretary of Agriculture Tom Vilsack wrote in response to the plan, noting that under federal law, those convicted of a drug-related felony are generally ineligible for food stamps.

States may modify that ban and, as Wisconsin currently does, required those convicted of drug-related felonies to be tested for drugs before being certified for benefits.

"However, as noted, expanding mandatory drug testing to others, who are not subject to this ban, is not allowable under SNAP rules," Vilsack wrote.

Following the passage of the budget, Attorney General Brad Schimel filed a lawsuit asking a federal judge to declare the requirement to drug test food stamp recipients to be legal. The lawsuit is ongoing.

"Programs like SNAP typically require job training as a condition to receive benefits, and implementing drug-testing requirements as well makes it easier for recipients with substance abuse to move from government dependence to true independence," Walker said in a statement. "That’s why we’ve put in place drug screening, testing, and treatment mechanisms to help SNAP recipients enter a job training program where they’ll receive the valuable skills and knowledge they need to obtain a family-supporting job."

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