Alabama May Back Off Its Policy of Treating New Moms Like Meth Cooks

<a href= "http://www.shutterstock.com/gallery-560209p1.html">Howard Klaaste</a>Shutterstock

Fight disinformation. Get a daily recap of the facts that matter. Sign up for the free Mother Jones newsletter.


A subcommittee of the Alabama Governor’s Health Care Improvement Task Force is examining proposals that aim to reform the nation’s harshest “chemical endangerment of a child” statute. The law states that “knowingly, recklessly, or intentionally” exposing a child to controlled substances or drug-making chemicals is a felony punishable by up to 10 years in prison if a child is unharmed, and 99 years if a child dies.

The enforcement of the law, originally intended to prosecute methamphetamine users who exposed children to the drug, has been unusually broad—including, as ProPublica’s Nina Martin previously reported in Mother Jones, the prosecution of pregnant women for exposing their fetuses to even small amounts of anti-anxiety medication. Nearly 500 women have been arrested on related charges since the law passed in 2006.

The law has been criticized by civil rights groups and public health experts for being harmful to those who need the most help—women who are faced with poverty and addiction—and for unfairly prosecuting women who were not drug users at all, but who might have simply taken a small dose of medication that eventually appeared in the blood test of their new babies.

At the task force meeting on Wednesday, Dr. Darlene Traffanstedt, who heads the subcommittee, announced that three proposals were under consideration. One would require prosecutors to offer drug treatment to pregnant women instead of prosecuting them, while another would protect women using drugs that have been legally prescribed to them (which has not been the case since 2006). The third option would hold the law to its “original intent”  by preventing its use against women who are using pregnancy-related medication.

The subcommittee’s next meeting is in December, and a draft bill is expected by the beginning of February’s legislative session. Read more about the law and its consequences here.

HERE ARE THE FACTS:

Our fall fundraising drive is off to a rough start, and we very much need to raise $250,000 in the next couple of weeks. If you value the journalism you get from Mother Jones, please help us do it with a donation today.

As we wrote over the summer, traffic has been down at Mother Jones and a lot of sites with many people thinking news is less important now that Donald Trump is no longer president. But if you're reading this, you're not one of those people, and we're hoping we can rally support from folks like you who really get why our reporting matters right now. And that's how it's always worked: For 45 years now, a relatively small group of readers (compared to everyone we reach) who pitch in from time to time has allowed Mother Jones to do the type of journalism the moment demands and keep it free for everyone else.

Please pitch in with a donation during our fall fundraising drive if you can. We can't afford to come up short, and there's still a long way to go by November 5.

payment methods

ONE MORE QUICK THING:

Our fall fundraising drive is off to a rough start, and we very much need to raise $250,000 in the next couple of weeks. If you value the journalism you get from Mother Jones, please help us do it with a donation today.

As we wrote over the summer, traffic has been down at Mother Jones and a lot of sites with many people thinking news is less important now that Donald Trump is no longer president. But if you're reading this, you're not one of those people, and we're hoping we can rally support from folks like you who really get why our reporting matters right now. And that's how it's always worked: For 45 years now, a relatively small group of readers (compared to everyone we reach) who pitch in from time to time has allowed Mother Jones to do the type of journalism the moment demands and keep it free for everyone else.

Please pitch in with a donation during our fall fundraising drive if you can. We can't afford to come up short, and there's still a long way to go by November 5.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate