Rep. Don Calloway, D-St. Louis County, a lawyer, said the amendment was unconstitutional because while it did further a legitimate state interest, it was not narrowly tailored.
St. Louis Democrat Don Calloway said that the drug testing did fit a legitimate state interest but was not narrowly tailored enough to pass constitutional muster.
"This is a search and seizure without probable cause," said Don Calloway, D-St. Louis County. Calloway, a lawyer, said that the bill operates using a reasonable cause standard, not a probable cause standard which is required for police searches. According to Calloway, a drug test constitutes a search under the 4th Amendment.
Debate on the House floor was heated at times, particularly between Smith and Rep. Don Calloway, D-St. Louis County, who referenced an estimate that a special election could cost the state nearly $1.2 million.