The National Conference of State Legislatures, a government watchdog group, has researched the issue across the country.
At least seven states currently have legislation requiring some form of drug testing for welfare beneficiaries.
Right now, 24 states, including Indiana, have pending legislation on the issue.
Similar to what happened in Michigan, Florida's drug testing plan was recently suspended after the ACLU filed suit.
"You have to look at the language closely on how you would run such a program," urges Pscholka. "There are some 4th Amendment privacy concerns with this type of legislation."
Pscholka says because of the court battles involving this issue, the legislation will move through the legislature very slowly.
He thinks it will be months before it even reaches the House floor.
In the meantime, an Indiana state health committee Wednesday voted in favor of requiring people on welfare to go through a written screening test for drug problems.
The bill will move for a vote before the entire Senate.
Lawmakers in both states supporting this legislation want to make sure the bill can stand up to any potential court battles.
Those against it worry what it would do to kids of welfare parents if they are stripped of their benefits.