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

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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.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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