Responding to Allegations of Exchanging SNAP for Drugs

Responding to Allegations of Exchanging SNAP Benefits for Drugs

Being accused of exchanging Supplemental Nutrition Assistance Program (SNAP) benefits for drugs can be scary. However, it’s important to know your rights and understand the process. This article will walk through what to do if you receive an allegation letter, what happens at the hearing, potential penalties, and defense strategies.

The Allegation Letter

If you are accused of trading SNAP benefits for drugs, the first thing you will receive is a letter from the state SNAP agency alleging an “intentional program violation.” This means they believe you intentionally broke the rules. The letter will say they have evidence and will describe the hearing process [2].

Some things to look for in the letter:

• A description of the charges against you
• The evidence they have
• Forms like:
  • Waiver of Right to Administrative Disqualification Hearing
  • Food Stamp Disqualification Rights
  • The Charge and Summary of Evidence

Do not sign the waiver form without talking to a lawyer first. This waives your right to a hearing [2].

The Hearing

At the hearing, the state has to prove you intentionally broke the rules. You can bring evidence and witnesses to respond to their claims. Some key rights [2]:

• Continue getting benefits during the process
• Have a legal advocate represent you
• Present evidence and witnesses
• Cross-examine their witnesses
• See the evidence against you

It’s important to attend and explain your side of the story. You won’t be arrested for attending. If you don’t go, they will likely rule against you [2].

Penalties

If found guilty, penalties depend on if it’s a first or repeat offense [2]:

• 1st offense: 12-month SNAP disqualification
• 2nd offense: 24-month SNAP disqualification
• 3rd offense: Permanent SNAP disqualification

Trading SNAP for drugs specifically can lead to a 24-month disqualification, even for a first offense [2]. States may also file criminal charges.

Defense Strategies

If accused, here are some strategies to fight the allegations:

• Argue you didn’t intentionally violate rules – If you made an honest mistake or misunderstood the rules, argue you didn’t intentionally break them [2].
• Challenge the evidence – Look closely for flaws in their evidence. Point out where it’s weak or inaccurate.
• Provide evidence of your own – Gather evidence like receipts, testimony of witnesses, or records showing you didn’t break the rules.
• Argue for lesser penalties – Even if found guilty, argue for reduced penalties if there are mitigating circumstances.
• Get an advocate – Having a legal aid lawyer or advocate on your side can make a big difference.

It’s key to take any allegation letter seriously and act quickly. Consult with an advocate to understand your rights and start building your defense.

Avoiding Violations

Here are some tips to avoid allegations in the first place:

• Carefully follow all SNAP rules and procedures
• Keep detailed records of SNAP transactions
• Report any suspicious activities
• Attend USDA training on SNAP procedures
• Post clear rules for customers about prohibited transactions
• Train employees on SNAP policies and watch for non-compliance

While allegations can happen even if you follow the rules, having solid procedures makes them much less likely. Being proactive protects your benefits and avoids headaches down the road.

Getting Help

Dealing with SNAP allegations can be overwhelming. Connect with an advocate to understand your rights and build the strongest defense possible:

• Know Your Rights About Intentional Program Violations [2] – Fact sheet from CLASP explaining the process and your rights.
• LawHelp.org – Directory of free and low-cost legal aid in your state.
• State SNAP Offices – Contact info for your state SNAP agency.
• USDA SNAP Fraud Hotline – To report fraud anonymously.

SNAP provides vital food assistance to millions of low-income Americans. If accused of violations, act quickly to understand the allegations and build your defense. With the right advocate on your side, you can avoid penalties and continue receiving essential benefits.