Tennessee may decide to criminalise pregnant drug users

A new bill is due to be signed that will make women who take drugs while pregnant accountable for any harm that comes to their unborn child; however, women’s rights groups oppose the plan.

If the bill is signed, Tennessee will become the first state in the US to criminalise women for causing harm to their foetuses or newborns if they take any illegal drugs during pregnancy. The proposed bill (SB 1391) will need to be agreed by Bill Haslam, the Republican governor of Tennessee; if he signs the bill, it will become law.

If the bill becomes law, women who use illegal drugs during pregnancy may face up to 15 years in prison. Other southern states have considered the bill but decided against it on the grounds that the baby will be put at greater risk.

In 2011 a report by the American College of Obstetricians and Gynecologists declared that “drug enforcement policies that deter women from seeking prenatal care are contrary to the welfare of the mother and foetus. Incarceration and the threat of incarceration have proved to be ineffective in reducing the incidence of alcohol or drug abuse.”

The concern with the bill is that women who are habitual drug users will avoid seeking any health care while pregnant to avoid arrest and prosecution, which could cause greater harm to a developing foetus.

Women’s rights groups are calling it a “pregnancy criminalisation law” and are asking Mr Haslam to veto the bill. Those who oppose the bill would like to see improved rehab services and more help for young women with drug problems.