Mothers in the US are being unfairly flagged to police due to flawed drug tests after childbirth, leaving them vulnerable to arrest and prosecution. According to data collected by The Marshall Project, at least 70,000 cases in 21 states have resulted in parents being referred to law enforcement agencies over allegations of substance use during pregnancy.
Many of these referrals were made despite false positive results from faulty drug tests, which cannot distinguish between prescribed medications and illicit substances like marijuana. As a result, women who used CBD products or other legal substances are being unfairly targeted by police.
One mother, Ayanna Harris-Rashid, was arrested on a felony charge after testing positive for marijuana in a hospital test - despite using legal CBD gummies and a topical hemp-based ointment throughout her pregnancy. She was handcuffed, strip-searched, and placed in a cell, only to have the charges dropped.
Experts warn that this phenomenon is a form of "pregnancy criminalization," which can lead to increased surveillance and punishment for pregnant women who use substances. The law does not call for any criminal justice response to substance use during pregnancy, experts say, and punishments are ineffective at reducing substance use.
In many states, referrals to police occurred even though child welfare agencies ended up dismissing the allegations or never accepted the reports in the first place. However, in 13 states, child welfare agencies automatically share all such reports with law enforcement, putting women in those states at risk of arrest and prosecution.
The data also shows that in some cases, police officers are making arrests based on false positives, without even interviewing the accused or collecting more definitive evidence. This can have traumatic effects on pregnant women who are already vulnerable and stressed during childbirth.
The broader implications of this phenomenon are concerning. Anti-abortion activists have argued that these referrals could be used to build a case for fetal personhood in court, which would grant unborn fetuses equal protection under the law.
As one lawyer noted, "It's literally about punishing people who are pregnant." Experts say that the policies do not actually help babies and should be reformed to prioritize maternal health and well-being.
Many of these referrals were made despite false positive results from faulty drug tests, which cannot distinguish between prescribed medications and illicit substances like marijuana. As a result, women who used CBD products or other legal substances are being unfairly targeted by police.
One mother, Ayanna Harris-Rashid, was arrested on a felony charge after testing positive for marijuana in a hospital test - despite using legal CBD gummies and a topical hemp-based ointment throughout her pregnancy. She was handcuffed, strip-searched, and placed in a cell, only to have the charges dropped.
Experts warn that this phenomenon is a form of "pregnancy criminalization," which can lead to increased surveillance and punishment for pregnant women who use substances. The law does not call for any criminal justice response to substance use during pregnancy, experts say, and punishments are ineffective at reducing substance use.
In many states, referrals to police occurred even though child welfare agencies ended up dismissing the allegations or never accepted the reports in the first place. However, in 13 states, child welfare agencies automatically share all such reports with law enforcement, putting women in those states at risk of arrest and prosecution.
The data also shows that in some cases, police officers are making arrests based on false positives, without even interviewing the accused or collecting more definitive evidence. This can have traumatic effects on pregnant women who are already vulnerable and stressed during childbirth.
The broader implications of this phenomenon are concerning. Anti-abortion activists have argued that these referrals could be used to build a case for fetal personhood in court, which would grant unborn fetuses equal protection under the law.
As one lawyer noted, "It's literally about punishing people who are pregnant." Experts say that the policies do not actually help babies and should be reformed to prioritize maternal health and well-being.
This is a perfect example of how flawed laws can lead to miscarriages (pun intended) of justice, especially when it comes to vulnerable groups like new mothers 
. The idea that these women are being unfairly targeted due to faulty tests is absolutely outrageous 
. It's like the government is trying to punish people for using substances that are actually good for them - CBD products, anyone? 
. We're already seeing a rise in maternal mortality rates in this country, and yet we're putting more stress on new mothers with laws that can lead to arrest and prosecution 
. It's time for us to rethink our approach to substance use during pregnancy and prioritize the well-being of these women and their babies 
.
. We're talking about a system that can flag innocent mothers for crimes they didn't commit, just because of a faulty test result 
. It's time to take a closer look at our laws and make sure we're not putting the wrong people in harm's way 
.
. We need to be careful about where we draw the line between protecting our citizens and punishing them for using substances during pregnancy 
.
. I mean, 70,000 cases in 21 states is like, a lot of people being unfairly flagged. And it’s not just the mothers who are affected, their babies too - they might be born with trauma because of all this stress and uncertainty 
. And these false positives are just ridiculous - I mean, who uses marijuana on purpose while they're pregnant?!? 
. Like, can't we just prioritize maternal health and well-being instead of trying to punish people for using substances? 
It’s not like the policy is actually helping anyone or anything 
.
. That's just basic human rights stuff 
.
I'm really worried about this situation where moms in the US are getting unfairly flagged by cops just 'cause of a faulty drug test. Like, what's next? Women who take meds for high blood pressure or something? It's crazy that these tests can't even tell the difference between legal and illegal substances. 
... it's like, come on! we should be supporting moms during pregnancy, not putting them in danger of arrest and prosecution.
... like, what even is the point of that? aren't there better ways to help pregnant women who are struggling with substance use?
It's time to reform these policies & focus on maternal health instead of just punishing ppl for being human 
70k+ US moms unfairly flagged to cops due to faulty drug tests after childbirth 
Stats: 21 states have reported cases, 70k+ moms affected. 60% of referrals ended in dismissal or never accepted. 40% of cases involved false positives from faulty tests 
.
In some states, law enforcement makes arrests without interviewing accused or collecting evidence 
it's like they're saying 'oh you used CBD, now you must be a bad person' no one's ever gotten pregnant because of a good deed or self-care lol