A Tennessee woman was arrested Tuesday under a new state law that criminalizes drug dependent mothers.
The Tennessee measure, signed into law by Governor Bill Haslam in April, prohibits “the illegal use of a narcotic drug while pregnant, if [the] child is born addicted to or harmed by the narcotic drug.”
The new mother was arrested and charged with simple assault just two days after giving birth. The infant tested positive for amphetamine, which is not a narcotic according to the US Drug Enforcement Administration. There have also been no reports that the newborn was addicted to the drug or harmed by exposure.
Advocates have criticized the Tennessee law, noting that the fear of criminal penalties will discourage pregnant women struggling with drug dependency from seeking care. Medical associations like the American Medical Association and American Academy of Pediatrics have spoken out against these types of measures because they push women out of the health care system for fear of prosecution.
Tennessee is the first state to pass a pregnancy-outcome law through the legislature. According to the Guttmacher Institute [PDF], 18 states consider substance abuse during pregnancy to be child abuse under civil child welfare laws, and 3 consider it grounds for civil commitment. 15 states require health care professional to report suspected drug abuse by pregnant women, and 4 require subsequent drug testing. However, only 18 states have drug treatment program that target women, only 10 provide pregnant women with priority access to state-funded programs, and only 4 prohibit discrimination against pregnant women in those programs.
Media Resources: RH Reality Check 7/10/14; Guttmacher Institute 7/1/14; Drug Enforcement Administration Fact Sheet; Feminist Newswire 4/30/14