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New efforts to criminalize substance use and pregnancy repeat racist history

My latest article for Colorlines is about the new efforts to criminalize pregnant women for substance abuse. Sadly these kinds of efforts are not new, nor are they actually helping moms or kids.

The main problem with these kinds of stories, and prosecutions, is they do nothing to address the very real substance abuse and addiction issues facing many people in the United States today. Despite decades of incredible spending and increased incarceration in response to the war on drugs, addiction and substance abuse continue. Some policy makers have acknowledged this reality and begun looking for a different ways to address substance abuse. “We’ve really tried to reframe drug policy not as a crime but as a public health-related issue, and that our response on the national level is that we not criminalize addiction,” said Michael Botticelli, acting director of the White House Office of National Drug Control Policy. “We want to make sure our response and our national strategy is based on the fact that addiction is a disease.”

There is no evidence that incarcerating women who use drugs during pregnancy will do anything to improve their health, or their children’s health. In fact, these criminalizations actually worsen the health of the newborn, and make access to appropriate drug treatment for the mom unlikely. Mallory Loyola, the woman charged under the Tennessee law, was in jail for at least three days before being released on bond, just two days after giving birth, during which her child was in custody of Child Protective Services. Kylee Sunderlin of the National Advocates for Pregnant Women (NAPW), an organization that works closely with women charged under these types of laws, explained that when a baby is diagnosed with what’s called Neonatal Abstinence Syndrome—or, the constellation of symptoms that reflects substance exposure inutero—established treatments for it include skin to skin contact with the mother and breastfeeding. That treatment is next to impossible if the mother is incarcerated and her child is in state custody.

Read the full thing here.

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