Moms Labeled Abusers for THC Use During Pregnancy

In Idaho, numerous new mothers face severe repercussions for trace amounts of THC found in newborns, leading to their placement on child abuse registries. Nicole Hamann, for instance, was placed on the registry for ten years after a trace THC finding, despite having no criminal record and accidentally consuming a pot-laced brownie in a legal state. This placement has blocked her from working in healthcare and daycare.

Ashley McGrath also experienced similar consequences. Her career in healthcare, aiming for nurse practitioner, was derailed after being placed on the registry for using marijuana gummies to manage severe morning sickness. She now works in food delivery, feeling akin to a felon.

Attorney Rick Hearn is leading a federal class-action lawsuit against Idaho, arguing that mothers are denied due process and their ability to support their families is obstructed. The state agency has not demonstrated harm to any child from such marijuana use, yet no proof of harm is required for registry placement.

Nationally, approximately 300,000 newborns are exposed to cannabis prenatally annually. In some states like South Carolina, mothers can face felony charges. Ayanna Harris-Rashid was charged with a felony and jailed after her newborn tested positive for THC, despite using legal CBD products. While her charges were later dropped, the experience was deeply traumatic.

Data indicates racial disparities, with Black newborns' mothers being referred to law enforcement more frequently. Prosecutors admit that race and background might influence decisions. Even when charges are dismissed, mothers incur costs like bonds and jail time, which can disrupt crucial breastfeeding bonds.