Women throughout the country have been criminally prosecuted for their drug use during pregnancy since the crack scare of the 1980s and 1990s. Drug Policy Alliance believes that punishment of women who use drugs during pregnancy is not an effective solution. Instead, women should be allowed to access drug treatment and other services that will enable them to have a safe and healthy pregnancy.

Current projects related to drug use and pregnancy:

South Carolina v. McKnight: The Office of Legal Affairs filed a friend-of-the-court brief in the South Carolina Supreme Court on behalf of the South Carolina Medical Association and other South Carolina and national organizations in the case of Regina McKnight, a young woman charged with manslaughter after she gave birth to a stillborn infant that tested positive for a derivative of cocaine. The brief argues that the prosecution of Ms. McKnight contradicts the weight of medical evidence, violates fundamental precepts of public health, and threatens to undermine the physician-patient relationship. The South Carolina Supreme Court recently decided to uphold Ms. McKnight’s conviction, for which Ms. McKnight stands to spend 12 years in prison.

Ferguson v. City of Charleston: The Office filed a friend-of-the-court brief on behalf of the American Public Health Association and other prominent national organizations in the United States Supreme Court in the case Ferguson v. City of Charleston, in which a group of South Carolina women challenged a public hospital drug testing policy that resulted in the prosecution of women for using drugs while they were pregnant. The Court decided to uphold the rights of these women, declaring that the hospital violated the Fourth Amendment rights of the women by using the drug tests with the goal of prosecuting those women. The Court remanded the case to the Fourth Circuit Court of Appeals to decide on the issue of whether or not the women gave informed consent to be drug tested. The Fourth Circuit recently found in the women’s favor, paving the way for them to apply for damages. More information on the Ferguson case.

More information on the work of the Office of Legal Affairs on pregnancy and drug use.