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

Let our journalists help you make sense of the noise: Subscribe to the Mother Jones Daily newsletter and get a recap of news that matters.


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.

THE TRUTH IS...

what drives Mother Jones' team of 50-plus journalists. The truth is powerful, as evidenced by how hard those with something to hide, or profit to gain, seek to discredit it. The truth, stated boldly and reported meticulously, is what draws so many readers to Mother Jones.

And the truth is, going into the final 4 days of the year we still needed to raise $TK to hit our $350,000 goal and start 2021 on track. It's nerve-wracking, wondering if the big spike we normally see at the end of December is going to be another thing that doesn't go as planned in 2020, or worse, if, now that Donald Trump is set to leave the White House (for longer than a taxpayer-funded golf trip to a property he owns), folks might be pulling back from fighting for the truth and a democracy and think the hard work is done.

It's not, and if you can right now, please consider a year-end donation to support our team's fearless nonprofit journalism so we can close that big fundraising gap and finish the year strong, ready for all that's ahead in 2021. Whether you can give $5 or $500, it all matters in keeping us charging hard, and we'd be grateful.

payment methods

THE TRUTH IS...

what drives Mother Jones' team of 50-plus journalists. The truth is powerful, as evidenced by how hard those with something to hide, or profit to gain, seek to discredit it. The truth, stated boldly and reported meticulously, is what draws so many readers to Mother Jones.

And the truth is, going into the final 4 days of the year we still needed to raise $TK to hit our $350,000 goal and start 2021 on track. It's nerve-wracking, wondering if the big spike we normally see at the end of December is going to be another thing that doesn't go as planned in 2020, or worse, if, now that Donald Trump is set to leave the White House (for longer than a taxpayer-funded golf trip to a property he owns), folks might be pulling back from fighting for the truth and a democracy and think the hard work is done.

It's not, and if you can right now, please consider a year-end donation to support our team's fearless nonprofit journalism so we can close that big fundraising gap and finish the year strong, ready for all that's ahead in 2021. Whether you can give $5 or $500, it all matters in keeping us charging hard, and we'd be grateful.

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