Interesting article about new pregnancy law for illegal drug use

NSAbby · April 2014

https://wtkr.com/2014/04/18/tennessee-may-make-it-a-crime-for-a-mother-to-use-drugs-while-pregnant/

It will be interesting to see if it passes, and how it works, if it does pass.

Valancyy · April 2014

trawas01 said:

I doubt it will pass. If it does it will get removed shortly there after. Not only is it unconstitutional but it covers an area already legislated, illegal drug use. It does make me angry though that anyone in a political position thinks its a good idea.

I didn't read the article, just the title. This was my exact thought, thought, it's already illegal, pregnant or not.

lookame3639 · April 2014

Soo...will there be heavier consequences for those using during pregnancy?

lookame3639 · April 2014

I guess i don't really see the point of the law unless it's to make heavier sentences for those who use...and even then i feel it's a little unfair and sexist

Raclla · April 2014

The law reads like it won't be a heavier sentence. I'm not sure it makes any sense at all really.

I guess they're trying to make the women go through the treatment program so that the charges are dropped?

More than likely, the women will just avoid any prenatal care.

Raclla · April 2014

Currently, I think they do testing at delivery. Correct?

I don't know what actions are taken if the mother is positive though. Case worker? Counseling?

Allison7 · April 2014

Raclla said:

Currently, I think they do testing at delivery. Correct?
I don't know what actions are taken if the mother is positive though. Case worker? Counseling?

I think they only test you if they suspect something. Those tests are expensive. Perhaps if they pass a law like this, then it might become a requirement in certain states and they would test everyone at delivery.

If something like this passed, it would eventually get appealed. It could be considered unconstitutional and as others have mentioned it is already illegal to do drugs, pregnant or not. Also as others have said, these type of laws never result in the desired outcome. Addiction is a disease. While some people might be able to quit instantly, most cannot. They would just avoid prenatal care and a hospital during delivery. That would cause more harm.

Raclla · April 2014

I just remember overhearing my LC on the phone with another LC talking about a patient that had tested positive for marijuana. I know there was more of a story to it, but it seemed as if they might have tested at birth.

NSAbby · April 2014

Allison7 said:

Raclla said:

Currently, I think they do testing at delivery. Correct?
I don't know what actions are taken if the mother is positive though. Case worker? Counseling?

I think they only test you if they suspect something. Those tests are expensive. Perhaps if they pass a law like this, then it might become a requirement in certain states and they would test everyone at delivery.

If something like this passed, it would eventually get appealed. It could be considered unconstitutional and as others have mentioned it is already illegal to do drugs, pregnant or not. Also as others have said, these type of laws never result in the desired outcome. Addiction is a disease. While some people might be able to quit instantly, most cannot. They would just avoid prenatal care and a hospital during delivery. That would cause more harm.

It is only illegal to possess drugs, and to be under the influence operating a vehicle, certain jobs, supervising children, etc. It is not specifically illegal to have them in your system.

This law would make it illegal for pregnant women to have drugs in their systems, so they can actually be punished for the harm they cause their children.

Its a good idea, I just dont think it can be properly executed without some other system put in place to track the pregnancies in the states, and at that point it becomes a Big Brother issue. Massively.

NSAbby · April 2014

trawas01 said:

NSAbby said:

Allison7 said:

Raclla said:

Currently, I think they do testing at delivery. Correct?
I don't know what actions are taken if the mother is positive though. Case worker? Counseling?

I think they only test you if they suspect something. Those tests are expensive. Perhaps if they pass a law like this, then it might become a requirement in certain states and they would test everyone at delivery.

If something like this passed, it would eventually get appealed. It could be considered unconstitutional and as others have mentioned it is already illegal to do drugs, pregnant or not. Also as others have said, these type of laws never result in the desired outcome. Addiction is a disease. While some people might be able to quit instantly, most cannot. They would just avoid prenatal care and a hospital during delivery. That would cause more harm.

It is only illegal to possess drugs, and to be under the influence operating a vehicle, certain jobs, supervising children, etc. It is not specifically illegal to have them in your system.
This law would make it illegal for pregnant women to have drugs in their systems, so they can actually be punished for the harm they cause their children.

Its a good idea, I just dont think it can be properly executed without some other system put in place to track the pregnancies in the states, and at that point it becomes a Big Brother issue. Massively.

But at what point? Do you hold someone accountable for "child abuse" in addition to just illegal drug use, at 8 weeks pregnant? Do you hold someone accountable if she didn't know she was pregnant? Can you charge someone who later planned on having an abortion anyway?

I think we've hit this before but it becomes a sticky battle between what a child is and isn't. In the eyes of the law a fetus (at least one before 28 weeks) is not yet a child and does not yet have the rights attributed to one.

If you read the law, you would know that they are specifying if the child is born with issues specifically related to drug use. If you'd read the very first paragraph in the article, it says that.

There is no specific law allowing for criminal charges (and therefore severing of rights) for drug use during pregnancy.

Are you just going to argue with anything I ever say, just for the sake of arguing with me?

Interesting article about new pregnancy law for illegal drug use

Re: Interesting article about new pregnancy law for illegal drug use

Choose Another Board

Search Boards