Women Face Criminal Charges Over Pregnancy For Medical Cannabis Use, Record Number Of Prosecutions In Year After Dobbs

Over two hundred pregnant women faced criminal charges for conduct related to pregnancy, abortion, pregnancy loss or birth during the first year following the Dobbs v. Jackson Women's Health Organization decision. Some women faced prosecution for using medical marijuana, despite being registered patients under state law, as highlighted by Marijuana Moment's Ben Adlin.

That's according to a report from Pregnancy Justice, a reproductive rights organization, titled "Pregnancy as a Crime: A Preliminary Report on the First Year After Dobbs."

Following the landmark decision of the U.S. Supreme Court to overrule Roe v. Wade and Planned Parenthood v. Casey, eliminating the constitutional right to abortion 2022, dated June 24, 2022, a sharp increase in pregnancy-related prosecutions is evident.

The report found that "in the one year from June 24, 2022, to June 23, 2023, there was the highest number of pregnancy-related prosecutions documented in a single year." 

Nearly 97% of 210 criminal cases filed cited substance use during pregnancy.

In 133 of those cases, drug use was the only allegation made. Following methamphetamines, cannabis was the second most common drug appearing in 86 of the total number of cases.

"It is significant that, in eighty-six cases, the police or prosecution alleged that the defendant took some form of THC during her pregnancy, and in thirty-one of those eighty-six cases, the only allegation supporting prosecution was THC use," the report said. "Even more startling, in five of those cases, the court file included statements that the defendant had a medical marijuana card, indicating that she was being charged with taking legally prescribed medication."

Read Also: Canadian Study Raises Alarm About Cannabis Use During Pregnancy As ER And Hospital Visits Increase

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Research On Cannabis And Pregnancy

Meanwhile, the growing body of research shows opposing results when it comes to cannabis use in pregnancy.

A recent study from the Hebrew University in collaboration with the Hadassah Medical Center examined the potential long-term risks of prenatal cannabis use on children's neurological development. The research which included more than 500,000 participants, found that THC, a molecule found in cannabis, can cross the placenta and potentially influence the developing fetal brain. The connection between marijuana use during pregnancy and autism, schizophrenia or depression was not confirmed by researchers.

Separately, a study published in the journal Nature Mental Health (via Health Day News) on July 4, 2024, reveals that children exposed to cannabis in utero exhibit brain patterns indicative of reduced inflammation, which could hinder critical developmental processes. The study, led by David Baranger, a postdoctoral fellow at Washington University in St. Louis, did find that prenatal cannabis exposure might influence the developing brain in ways associated with mental health.

Read Next:

• Prenatal Cannabis Exposure Not Linked To Elevated Risk Of Autism And Oklahoma Court Rules Pregnant Moms Who Use It Are Not Breaking The Law

• Cannabis During Pregnancy: No Impact On Child Neurodevelopment, Suggests New Study