Tens Of Thousands Of Mothers Were Flagged To Police Over Flawed Drug Tests At childbirth

By Shoshana Walter and Jill Castellano

The Marshall Project

yanna Harris-Rashid was sitting up successful bed, her newborn boy latched to her breast, 1 manus scrolling connected her phone, erstwhile nan constabulary called. She was wanted connected a felony complaint of kid neglect.

Harris-Rashid had conscionable had her 3rd kid successful March of 2021. To easiness symptom and predominant nausea, she had utilized ineligible CBD gummies and a topical hemp-based ointment passim her pregnancy. But astatine nan hospital, she and nan babe tested affirmative for marijuana, prompting providers to record a study pinch nan South Carolina Department of Social Services, which forwarded nan accusation to police, records show. Now an serviceman was demanding Harris-Rashid move herself in.

Harris-Rashid said goodbye to her children and husband. “I’m truthful sorry,” she whispered to her newborn son. A friend drove her to nan sheriff’s office, wherever she was handcuffed, strip-searched and placed for nan nighttime successful a acold and crowded cell. By nan clip she near nan jailhouse nan pursuing morning, her beverage proviso had decreased and she recovered she could nary longer breastfeed. The complaint was yet dropped.

This article was published successful business with CBS News, Mother Jones and Reveal.

“They shook maine bare. They made maine consciousness very indecent and inhumane,” she said, adding, “This is simply a person, a woman, a mother, an existent individual. What justifies this?”

What happened to Harris-Rashid is happening to women crossed nan state pinch staggering frequency. In astatine slightest 70,000 cases successful 21 states, parents were referred to rule enforcement agencies complete allegations of constituent usage during pregnancy, according to six years of authorities and national information obtained and published for nan first clip by The Marshall Project. In galore cases, nan referrals began pinch mendacious affirmative results from flawed supplier tests — sometimes triggered by nan women’s prescribed medications.

Harris-Rashid with her 3rd child, Rai. Harris-Rashid utilized ineligible CBD gummies and a topical hemp-based ointment to easiness predominant nausea and symptom erstwhile she was pregnant pinch Rai successful 2021. Credit: Kathryn Gamble for The Marshall Project.

 Harris-Rashid with her 3rd child, Rai. Harris-Rashid utilized ineligible CBD gummies and a topical hemp-based ointment to easiness predominant nausea and symptom erstwhile she was pregnant pinch Rai successful 2021. Kathryn Gamble for The Marshall Project  After Harris-Rashid gave birth, nan infirmary unit administered supplier tests, and she and her kid tested affirmative for marijuana. Kathryn Gamble for The Marshall Project

The sheer number of group that rule enforcement is search is acold higher than experts antecedently knew, including academics and reproductive authorities organizations monitoring what they telephone gestation criminalization. Even so, nan numbers The Marshall Project compiled correspond a important undercount.

“My first genuine guidance is, frankly, daze and dismay,” said Dana Sussman, elder vice president of nan ineligible defense statement Pregnancy Justice, which counted much than 1,800 pregnancy-related arrests and prosecutions from 2006 done 2024. She added, “This represents an incredibly regressive and counterproductive approach.”

The Marshall Project spent a twelvemonth collecting and analyzing information connected referrals to rule enforcement. Reporters began pinch a request for national data, past asked authorities kid use agencies to verify nan numbers and supply authorities policies. The totals bespeak nan number of newborn cases that those agencies shared pinch constabulary aliases prosecutors.

Although astir of those referrals did not lead to criminal investigations, galore women were threatened pinch apprehension aliases criminally charged. Others were confronted by constabulary successful their infirmary rooms aliases homes and forced to move complete their children.

Read an in-depth methodology showing really The Marshall Project obtained nan information and conducted its analysis.

In Oklahoma, equipped sheriff’s deputies took 2 children from their parents aft nan mother tested affirmative for meth, a mendacious consequence triggered by nan acerb reflux medicine nan infirmary had fixed her during labor, according to tribunal records and her lawyer. In South Carolina, constabulary interrogated a mother aft she tested affirmative for nan fentanyl from her epidural, arsenic good arsenic marijuana, according to constabulary records.

And aft a Virginia mates insisted connected having an lawyer coming for a kid use interview, a constabulary serviceman threatened them pinch apprehension if they didn’t surrender their newborn. “When we measurement in, that’s erstwhile we commencement charging people,” nan serviceman told nan parents, according to an audio signaling of nan meeting. “You sewage astir 3 seconds.” The mother had tested affirmative for methadone, nan medicine prescribed to dainty her opioid addiction. The parents were forced to time off their newborn successful nan infirmary and constabulary escorted them out, records show.

After Harris-Rashid gave birth, nan infirmary unit administered supplier tests, and she and her kid tested affirmative for marijuana. Credit: Kathryn Gamble for The Marshall Project.

The Marshall Project and other news organizations have antecedently reported connected prosecutions of group accused of utilizing narcotics during pregnancy. But this caller investigation shows a overmuch broader swath of patients being surveilled by hospitals, kid use authorities and rule enforcement than antecedently known — moreover while nan underlying grounds for those allegations is unreliable, easy to misinterpret and sometimes flat-out wrong.

Many of nan women who tested affirmative apt utilized illicit drugs. But information from 3 states that specifically way cases involving prescriptions show that thousands of caller mothers were referred to rule enforcement based solely connected medications their doctors gave them.

In galore states, referrals to constabulary occurred moreover though immoderate kid use agencies ended up dismissing nan allegations, aliases ne'er accepted nan reports successful nan first place.

The Marshall Project received information from 15 states astir nan outcomes of kid use investigations. More than half of nan cases referred to rule enforcement successful those states — astir 22,000 — were recovered not to impact kid maltreatment aliases neglect. Yet constabulary sometimes launched criminal probes that continued good aft kid use authorities declined to return further action.

Some states are making very fewer referrals to rule enforcement. In Michigan, kid use officials nonstop cases to constabulary only successful very circumstantial circumstances — for example, if location are concerns for a caseworker’s information aliases allegations of superior beingness harm to a child. Fewer than 1% of reports successful nan authorities were shared pinch rule enforcement, The Marshall Project’s study found.

But successful 13 states, kid use agencies automatically stock each specified reports, according to a Marshall Project reappraisal of policies successful 50 states. They span bluish states for illustration Minnesota to reddish states for illustration Oklahoma, wherever a lawsuit is referred to rule enforcement successful 1 retired of 24 births, a higher ratio than successful immoderate different authorities successful nan analysis.

Federal rule requires states to mention families to services and guarantee that they person plans to attraction for newborns exposed to substances. States that automatically nonstop each study to constabulary are acold exceeding national requirements, experts said.

“[The law] does not telephone for immoderate criminal justness response,” said Nancy Young, nan executive head of Children and Family Futures, a nonprofit that helps kid use agencies instrumentality national requirements. “It doesn’t thief successful nan agelong run. And it doesn’t thief nan baby.”

Decades of investigation propose that utilizing definite substances during gestation whitethorn harm nan baby. Some forbidden narcotics are associated pinch early commencement aliases stillbirth and tin origin babies to acquisition withdrawal symptoms. Chronic usage of cigarettes and intoxicant tin origin debased commencement weight and developmental delays. But studies show that punishments are ineffective astatine reducing substance usage and tin lead to poorer wellness outcomes for women, newborns, and families. Recognizing nan imaginable for lasting harm, Illinois legislators successful 2024 ended nan request that kid use authorities notify rule enforcement.

Some states person group up replacement responses to connection services to families and steer them distant from kid maltreatment investigations. Yet respective of these states besides record automatic referrals pinch police, undermining what experts position arsenic years of progress.

“I’m flabbergasted,” said Deborah Cohen, a professor astatine Oregon Health & Science University who studies nan curen of pregnant women pinch constituent usage disorders. Cohen said she had nary thought authorities authorities forwarded reports of specified patients to rule enforcement. “I do not spot really that’s helpful.” 

The referrals are not ever made for nan intent of filing criminal charges. In immoderate states, they are a matter of administrative routine, required for immoderate kid maltreatment and neglect report. Child use authorities besides telephone constabulary to assistance pinch emergency foster attraction removals, aliases to spell pinch a worker connected a location aliases infirmary visit. In galore states pinch automatic referral policies, constabulary aliases prosecutors reappraisal nan reports and record them away.

But criminal prosecutions of pregnant women person been rising for years, pinch a important jump pursuing nan Supreme Court’s Dobbs determination successful 2022, which overturned Roe v. Wade. In anti-abortion states specified as South Carolina and Oklahoma, women are particularly susceptible to prosecution, and nan determination to prosecute a criminal lawsuit often comes down to nan discretion of a azygous serviceman aliases prosecutor. At a clip of expanding gestation surveillance, civilian authorities attorneys and advocates for women’s authorities pass that nan referrals importantly summation nan consequence that much group will look criminal investigation and charges.

“The states that are doing these automatic referrals, that makes nan women successful those states incredibly vulnerable,” Sussman said. “… It opens nan doorway — moreover erstwhile there’s nary ground successful rule — to really bring these prosecutions.”

For decades, authorities and national laws person required hospitals to place newborns affected by narcotics successful nan womb and to alert kid use services. In portion to comply, galore hospitals routinely supplier trial patients aliases babies to cheque if a mother mightiness person utilized substances.

But nan tests, which commencement typically pinch urine samples, are easy to misinterpret and often wrong. They do not show really often aliases for really agelong personification whitethorn person utilized drugs. Most tests cannot separate betwixt a affirmative consequence caused, for instance, by marijuana — forbidden successful galore states — aliases a ineligible substance, specified arsenic CBD products. Without confirmation testing and review, affirmative results often lead hospitals to impeach parents of supplier use, moreover if nan constituent utilized was a prescribed medication.

Some rule enforcement agencies whitethorn behaviour further investigations, but galore do not. The Marshall Project reviewed records from 2 constabulary agencies successful South Carolina — 1 of nan states astir aggressively prosecuting women for gestation supplier usage — and recovered much than a twelve mothers were arrested solely connected affirmative supplier trial results, without interviewing nan accused aliases collecting much definitive evidence.

One of those cases was a first-time mom recently pregnant successful 2024, who began to acquisition utmost greeting sickness. She asked to beryllium identified by her nickname, Maddie, because her tribunal grounds has been expunged. Her symptoms were truthful terrible that she could not support moreover h2o down. The medicine prescribed to many pregnant women, Zofran, did not activity for her. “It was really bad,” she said, recalling her worries for her babe girl. “How is she going to beryllium OK and turn and beryllium fine?”

On a family member’s suggestion, Maddie tried marijuana gummies, which stopped nan vomiting. But erstwhile she gave birth, she and nan babe tested affirmative for THC.

A mini magnitude of THC is ineligible nether South Carolina and national law, and galore ineligible CBD products incorporate nan compound. Maddie’s supplier trial results didn’t separate which merchandise she had consumed — aliases really much. But nan infirmary reported her to nan Department of Social Services. She was barred from breastfeeding, she said, and from being unsocial pinch her newborn. The pursuing month, she was arrested connected a felony complaint of harming her kid aliases placing her astatine risk.

“I person ne'er successful my life been successful trouble. I’ve ne'er been arrested. Nothing,” she said. Now she was facing up to 10 years successful situation nether authorities law. “That would person been much detrimental to my girl than maine doing gummies pregnant.”

Eventually, Maddie hired an lawyer and nan charismatic dismissed nan charge.

Some rule enforcement agencies are alert of nan pitfalls of supplier trial evidence. At nan Loris Police Department, northbound of Myrtle Beach successful South Carolina, astatine slightest half of nan newborn reports impact supplier tests triggered by mendacious positives, prescribed medications aliases ineligible hemp products, said Lt. Larry Williams.

His section declined to record charges successful six of 11 cases it received successful 2024 owed to faulty supplier trial results, including positives triggered by ineligible CBD, he said. The section has besides received reports of affirmative tests caused by medications, specified arsenic those prescribed for ADHD, slump and symptom alleviation during labor.

But Williams said it tin beryllium difficult to beryllium a mendacious affirmative result. When investigators are not sure, nan section often decides to make nan arrest.

“We ever effort to err connected nan broadside of nan baby,” he said, adding that affirmative supplier tests are capable adequate to build a case. “My level of impervious is, is it much apt than not? Is location probable origin capable to judge that you did this?” Many of nan women arrested whitethorn not really struggle pinch addiction. Only astir 10% of charged cases impact “frequent flyers” — women pinch superior supplier problems, Williams said.

The Marshall Project information shows that South Carolina is not nan only authorities referring reports of affirmative tests caused by prescribed medications.

In Georgia, location were much than 3,000 of these reports from 2018 done 2024. State kid use workers declined to unfastened investigations into maltreatment aliases neglect successful these instances, yet referred them to rule enforcement anyway.

In Idaho alone, much than 1,000 mothers were accused of kid maltreatment and referred to rule enforcement for marijuana usage during pregnancy, including nan forbidden supplier arsenic good arsenic topical CBD oils and creams, according to records disclosed in a suit against nan state. The suit is challenging a request that these parents beryllium placed connected a authorities registry, barring them from definite jobs. One female connected nan database told investigators that she ate a brownie from a relative’s room that she later learned contained cannabis. The comparative lived successful Oregon, wherever marijuana is legal. Another female had taken prescribed aesculapian marijuana while surviving successful Washington authorities — wherever it is ineligible — because she preferred it complete nan broadside effects from a medicine medication to curb nausea.

In Oklahoma, wherever aesculapian marijuana is legal, women person been arrested and prosecuted for taking prescribed marijuana during their pregnancies.

Erin Bailey, a defense lawyer successful South Carolina who represented Maddie and others, said women should not beryllium punished for taking matters into their ain hands.

“Women who are experiencing nan broadside effects of gestation — which are very existent and very overmuch diminished by our nine — should person nan expertise to make informed decisions astir products that mightiness beryllium capable to thief them,” she said. Policing these actions is simply a slippery slope, she said, since galore regular activities, specified arsenic driving excessively fast, tin besides origin imaginable harm to a fetus. “Am I going to beryllium taxable to apprehension if I’m speeding while pregnant?”

Even without criminal charges, a constabulary officer’s beingness tin beryllium traumatic and frightening for personification who has conscionable fixed birth.

In Idaho, which refers each reports of forbidden supplier usage during gestation to rule enforcement, kid use workers coordinate pinch nan constabulary to investigate. Officers tin record criminal charges, specified arsenic misdemeanor wounded to child, which carries a condemnation of up to 10 years successful prison, and tin return a kid into emergency custody without a judge’s order.

Surrounded by uniformed officers and a authorities worker who tin return their newborn, galore women consciousness they person nary prime but to reply questions contempt their correct not to do so, attorneys and wellness attraction providers said. They added that immoderate women were questioned while still nether nan power of medications they received during childbirth. Attorney Brigette Borup, a nationalist defender successful Canyon County, Idaho, said galore of her clients person nary recollection of those interactions pinch police.

“When they get told, ‘Well, we’re going to region your baby,’ it’s conscionable — thing past that constituent gets absorbed,” Borup said. She added, “The communal communicative I get is, ‘I hardly retrieve thing that happened aliases thing that was said.’”

Even erstwhile women person utilized illicit drugs, attorneys said nan officers’ beingness whitethorn beryllium a usurpation of nan patients’ owed process rights. During those first encounters, officers don’t typically connection a Miranda informing to caller parents that describes nan correct to stay silent, aliases disclose nan anticipation that women whitethorn beryllium arrested if they admit to supplier use, according to 3 different attorneys who person represented women successful criminal and kid use cases successful nan state. Many women don’t recognize that their answers could beryllium utilized against them, said defense lawyer Bob Eldredge, who practices successful Pocatello successful southeast Idaho.

“You’ve sewage your weapon, your uniform, you look for illustration Batman, nan mother is emotion blameworthy successful bed, anyhow — you get a confession retired of her,” Eldredge said. “They dainty rule enforcement officers for illustration that’s their pastor, preacher, bishop coming in, and they travel clean.”

Eldredge said it’s difficult to hole a beardown defense for clients who are despondent because of nan removal of their children. “You person a difficult clip not breaking down and weeping successful beforehand of those women,” he said, choking up. “It’s truthful sadistic what we’re doing.”

Harris-Rashid pinch her 4 children successful their location successful Iowa City, Iowa. Credit: Kathryn Gamble for The Marshall Project.

The information The Marshall Project obtained nationwide doesn’t way what rule enforcement does pinch nan referrals and whether charges were ever filed. Many women whitethorn not beryllium alert astatine each that backstage specifications of their childbirths were shared pinch rule enforcement.

Michelle Hansford, a adjacent support advocator astatine an addiction curen programme for pregnant women successful Texas, said 1 of her patients was reported to kid use authorities owed to a affirmative trial caused by nan fentanyl successful her epidural. That disturbed Hansford enough. But she had nary thought that nan study besides went to rule enforcement.

“That would interest me,” she said, adding that if her customer had a later brushwood pinch rule enforcement, officers would beryllium capable to spot nan study connected her record. “They’re automatically going to beryllium biased against her.”

The referrals could besides person broader repercussions for pregnant group crossed nan country.

Anti-abortion activists person said they want to bring a lawsuit to nan U.S. Supreme Court to found law protections for nan fetus. Criminal cases against women for supplier usage during gestation person already helped to found lawsuit rule for fetal personhood successful aggregate states. The referrals of affirmative supplier tests to rule enforcement agencies could thief build nan lawsuit for recognizing a fetus arsenic a abstracted personification entitled to adjacent protection, said University of California Davis rule professor Mary Ziegler.

“The stockpiling of accusation for illustration that is concerning, moreover if nary 1 is acting connected it successful nan adjacent term,” Ziegler said successful reference to nan referrals to rule enforcement. She said nan policies do not really thief babies. “It’s virtually astir punishing group who are pregnant.”

The broader legality of specified referrals is an unfastened question. In 2001, the Supreme Court ruled that it was a usurpation of privateness for a nationalist infirmary successful South Carolina to supplier trial pregnant patients without consent for nan purposes of sharing nan results pinch rule enforcement. The ruling did not mention kid use agencies, but immoderate attorneys said that nan determination should use to those agencies too.

“Essentially, kid use has go nan pass-through,” Sussman said. “… The kid use agency is acting arsenic an supplier of nan police. There’s nary favoritism betwixt nan two.”

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