Tennessee To Reconsider If It Will Continue Criminalizing Pregnant Women For Drug Use

The controversial "fetal assault" law in Tennessee that criminalizes women who use drugs while pregnant may be permanently extended. The law, which is set to expire this summer, has been strongly opposed by various organizations because of its negative public health effect to pregnant women who wanted to seek medical help.

According to the Los Angeles Times, Tennessee made headlines in 2014 when the state approved the law allowing women to be charged with misdemeanor assault if their babies are born "harmed by" illegal drug usage. Tennessee is the first state in the United States that passed a specific law that prosecutes pregnant women who will use illegal drugs during pregnancy.

The law was approved in an effort to protect babies from their mothers' drug use after the state was alarmed at the growing number of babies born with "neonatal abstinence syndrome" caused by exposure to narcotics. However, it has been criticized by various organizations, including the American Civil Liberties Union of Tennessee and the Tennessee Association for Alcohol, Drug and other Addiction Services, for scaring women to get prenatal care and seek medical help.

The controversial legislation is set to expire in July 2016 and there is a possibility that the lawmakers will act for its permanent extension. A recent report of the Huffington Post said that amidst vocal opposition, a subcommittee of the state legislature will consider a bill for the "fetal assault" to be permanently extended.

Commenting on the possible extension of the law, Allison Glass, state director of Healthy and Free TN, said in a statement that the law has harmed families instead of helping. She cited reports that the legislation has resulted in the arrest of over 100 women, serving up to six months in jail.

"It has torn mothers away from their young children and made them scared to seek prenatal care and drug treatment," Glass stated. "This is not only unconscionable, it is bad policy."