Mothers Facing Legal Repercussions Over Marijuana Use During Pregnancy

In January 2021, Nicole Hamann experienced a life-changing event when she gave birth to her fourth child. At the hospital, she was informed that both she and her newborn tested positive for THC, marijuana’s psychoactive ingredient. Despite being careful during her pregnancy, this news turned her life upside down. Hamann resides in Idaho, where marijuana is illegal. She explains that she consumed a pot-laced brownie at a relative’s home in Oregon, where marijuana is legal. Her explanation fell on deaf ears as Child and Family Services launched an investigation, treating a single positive THC test in a newborn as potential child abuse.

Officers visited her home, but after inspection, found no evidence of drug use and closed her case. Despite this, Hamann’s name was placed on the child protection central registry in Idaho, which prohibited her from working in healthcare or volunteering at schools for ten years. “It feels like a heavy burden I have to carry,” she remarked.

At least a thousand mothers in Idaho face similar issues, many having used marijuana for pain relief or nausea. Ashley McGrath, a healthcare worker, described using marijuana gummies after prescribed medication failed to relieve severe nausea during her pregnancy. Though her child was healthy, McGrath ended up on the child abuse registry, disrupting her path to becoming a nurse practitioner. She now struggles to find employment not requiring background checks.

Attorney Rick Hearn is leading a federal class-action lawsuit against Idaho, arguing the lack of due process in these cases. According to him, the state agency has not demonstrated harm from these mothers’ marijuana use during pregnancy. The state’s Department of Health and Welfare declined to comment due to pending litigation.

Nationwide, around 300,000 newborns experience prenatal cannabis exposure annually. The legal outcomes for mothers vary by state. Investigations have shown that over six years, new mothers have been reported to law enforcement more than 70,000 times for substance use during pregnancy, many for THC usage.

Ayanna Harris-Rashid faced another drastic case. Upon moving from California to South Carolina, Harris-Rashid, a Native American, used CBD products for pregnancy symptoms. She was unaware that THC traces would lead to a report to social services and law enforcement. Harris-Rashid was charged with a felony for ‘unlawful conduct towards a child,’ spending a night in jail before being bailed out.

Attorney Erin Bailey, who defended Harris-Rashid, claims that criminal charges for THC use during pregnancy are unfounded. Although charges were later dropped, the damage, including bail fees and the disruption of family life, was irreversible. In some states, racial disparities are evident, with Black mothers facing referrals to law enforcement at rates much higher than their White counterparts.

The registry’s impact on lives is profound. Three years after being listed, Nicole Hamann’s husband was incapacitated in a motorcycle accident. With her inability to pursue meaningful employment, the financial strain is immense. Despite fearing judgment in her small town, Hamann speaks out to prevent others from facing a similar fate. “This isn’t right, and it’s not fair,” she stated. Her determination aims to bring awareness and potential change.