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Kentucky v. Harris

Misti Harris was charged with criminal child abuse in Kentucky after a social worker revealed to the state that Harris had used Oxycontin while she was pregnant.  A Circuit Court dismissed the charges against Ms. Harris based on a Kentucky case, Commonwealth v. Welch, in which the Kentucky Supreme Court held that local prosecutors could not turn the state's child abuse law into a tool to punish pregnant women in need of drug treatment.  The State decided to appeal the dismissal of Ms. Harris' case, however, and her case is set to be reheard by the Kentucky Court of Appeals.  Drug Policy Alliance submitted a friend-of-the-court brief on behalf of the American Public Health Association, the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry and other prominent organizations and individuals arguing Ms. Harris' prosecution is not only in violation of State legislation, but that it would also endanger public health, jeopardize therapeutic relationships between women and their care proviers, and deter access to important services.



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