Court Favors Mom Accused of Child Neglect for Using Medical Marijuana While Pregnant

mom accused of child neglect Medical Marijuana child neglect Lindsay Ridgell Court of Appeals arizona Judge Randall Howe 2010 Arizona Medical Marijuana Act Central Registry Department of Child Safety Director Mike Faust phoenix children's hospital Julie Gunnigle Academy of Perinatal Harm Reduction National Advocates for Pregnant Women

By Lili Scott , Parent Herald Apr 06, 05:25 am

Photo: (Photo : JACK GUEZ/AFP via Getty Images)

The Court of Appeals in Arizona has reversed the punishment laid out against a mom accused of child neglect because she used medical marijuana during her pregnancy.

Mom Lindsay Ridgell earns the favor of Judge Randall Howe, who stated in his ruling that the mother is entitled to use medical marijuana since she has a state-issued card that protects her against arrest, denial of services, and other penalties under the 2010 Arizona Medical Marijuana Act (AMMA).

Ridgell also obtained a prescription from a licensed doctor to help her manage her nausea and morning sickness. The prescription precludes that the mother's use of cannabis was under her doctor's guidance, per a report from Yahoo!

Lindsay Ridgell's Name in the Central Registry

Ridgell obtained her medical marijuana card early on to help with her irritable bowel syndrome. When she got pregnant in 2018, Ridgell was diagnosed with hyperemesis gravidarum or extreme morning sickness, and was in the emergency room for treatments quite a few times.

However, in 2019, Department of Child Safety (DCS) Director Mike Faust ordered to add Ridgell's name to the Central Registry as she allegedly harmed her baby with her medical marijuana use, per the AZ Central.

After Ridgell gave birth to a baby boy, the nurses observed that her newborn exhibited "jitteriness" and was ordered for transfer to the Phoenix Children's Hospital for further tests. The test results showed that the baby was positive for marijuana, which required the hospital to inform the DCS.

The Central Registry consists of a list of people who have neglected or abused children. Their names' inclusion, which would remain for 25 years, was meant to serve as a warning for future employers, especially for work linked to vulnerable communities or kids.

Lindsay Ridgell Was Right, Says Lawyer

In the U.S., about 10 percent of babies are born with some exposure to illicit drugs, especially in vulnerable communities. However, medical marijuana use in Arizona has been legalized since 2010. Ten years later, the state also voted to legalize recreational marijuana use. The state laws also indicate that a mom may be liable for child neglect only if the baby born with substance exposure was not under the guidance of a medical professional, but this was not the case for Ridgell.

Ridgell's lawyer, Julie Gunnigle, hailed the decision of the Court of Appeals. She said that the mother was right to fight for the reversal of her conviction, despite years of litigation.

According to High Times, Ridgell is happy and relieved that a "weight has been lifted off her shoulders" with Howe's ruling. Aside from clearing her name, she could now return to her social work with underprivileged kids.

Her case has also earned support from the Academy of Perinatal Harm Reduction and the National Advocates for Pregnant Women, who said that many mothers are in the same boat as Ridgell and fear the repercussions from the state, despite marijuana's legalization. The advocates believe that as medical marijuana use has been decriminalized, some people find ways to target pregnant mothers.