Home / Crime and Justice / Pregnant Women Criminalized Over False Drug Tests
Pregnant Women Criminalized Over False Drug Tests
10 Feb
Summary
- Parents face law enforcement referrals over alleged substance use in pregnancy.
- Many referrals stem from false positive drug tests, including prescribed medications.
- States automatically report drug test results to police, increasing maternal vulnerability.
Across the United States, women are facing criminalization based on flawed drug tests conducted during pregnancy. These tests, often initiated by hospitals, can produce false positive results due to prescribed medications, leading to referrals to law enforcement and child welfare agencies. In at least 70,000 cases over six years, parents were referred to law enforcement due to allegations of substance use during pregnancy, with many of these referrals stemming from unreliable testing.
Thirteen states automatically share such reports with police, a practice exceeding federal requirements and increasing maternal vulnerability. Even when child welfare agencies dismiss allegations, police may pursue criminal investigations. This trend has seen a significant increase following the Dobbs decision, particularly in anti-abortion states, where discretion by officers or prosecutors can lead to severe consequences for new mothers.
