Understanding Laws on Cannabis
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In the delicate journey of pregnancy, knowing your rights and navigating legal landscapes is paramount. It's essential to be informed about your rights, particularly when it comes to medical procedures like drug testing.
This includes understanding the protections offered by the Fourth Amendment against unreasonable search and seizure. However, alarming trends reveal disparities, particularly among black women, who face disproportionate scrutiny.
Finding The Right Doctor - Knowing Your Rights
Pregnant individuals are protected by law from being given drug tests without their consent. This right is safeguarded by the Fourth Amendment, which prohibits unreasonable searches and seizures.
In 2001, the United States Supreme Court issued a landmark ruling in Ferguson v. City of Charleston. This ruling stated that hospital workers are prohibited from testing pregnant individuals for illegal drug use without their informed consent or a valid warrant, particularly if the purpose of the testing is to involve law enforcement. This decision underscores the importance of respecting patients' rights and ensuring that medical professionals prioritize their well-being over legal considerations.
Hospital policies that prioritize drug testing for prosecution rather than treatment can have detrimental effects on fetal health. By discouraging pregnant individuals from seeking prenatal care, these policies may exacerbate existing health disparities and hinder access to essential medical services.
It's essential to remember that physicians have a duty to provide medical treatment to their patients, not to act as agents of law enforcement. Upholding ethical obligations to patient care means prioritizing the health and well-being of pregnant individuals, rather than engaging in practices that may compromise their trust and deter them from seeking necessary medical assistance.
Source: https://journalofethics.ama-assn.org/article/legality-drug-testing-procedures-pregnant-women/2008-01
Cannabis Laws During Pregnancy by State
As of 2024, using cannabis alone during pregnancy in Arizona, California, and New York is not consider enough reason to involve CPS.
Four states require hospitals to test both new mothers and their children if medical professionals suspect drug use.
North Dakota,
Minnesota
Iowa
Kentucky
The following states consider substance abuse during pregnancy a form of child abuse.
Arkansas
Colorado
Florida
Illinois
Indiana
Iowa
Louisiana
Minnesota
Nevada
Oklahoma
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Virginia
Wisconsin
The following fifteen states require that hospital staff and other health care workers report drug use if they suspect that a pregnant person is using:
Alaska
Arizona
Illinois
Iowa
Louisiana
Maryland
Massachusetts
Michigan
Minnesota
Montana
North Dakota
Oklahoma
Rhode Island
Utah
Virginia
Tennessee is the only state that has a statute that explicitly states that drug use during pregnancy is a crime.
Pro Publica has a great resource to find the applicable cannabis laws in your state. However, it was published in 2015 and it is unclear if they are making updates.
https://www.guttmacher.org/state-policy/explore/substance-use-during-pregnancy
Disclaimer: The information provided on this website is intended for educational and informational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your healthcare provider with any questions you may have regarding a medical condition. Additionally, the views and opinions expressed on this website are solely those of the original authors and other contributors. These views and opinions do not necessarily represent those of Mary Jane Doula Collective.