Published in partnership with The Marshall Project, this report highlights the experiences of Nicole Hamann and others, who face severe repercussions following positive THC tests during childbirth.
Nicole Hamann’s Story
Nicole Hamann, living in Idaho where marijuana is illegal, accidentally consumed a marijuana-laced brownie in Oregon. A month later, she tested positive for THC, leading to a child abuse investigation. Despite her case being closed, Hamann remains on a child protection registry, barring her from working in hospitals or daycare centers for ten years.
Wider Implications
Many other mothers in similar situations report being placed on the registry for using marijuana to manage symptoms like severe nausea. This has serious professional and personal impacts, creating obstacles even in volunteer roles.
A Federal Class Action Suit
Attorney Rick Hearn has filed a federal class action suit against Idaho. The suit argues that placing mothers on a registry without showing harm to the child infringes on their ability to support their families.
National Picture
A joint investigation reveals over 70,000 referrals to law enforcement in 21 states for substance use during pregnancy, primarily involving THC. Around 300,000 newborns are exposed to cannabis annually in the U.S., with their mothers’ legal risks varying by location.
Ayanna Harris-Rashid’s Arrest
Ayanna Harris-Rashid moved from California to South Carolina, where THC is illegal. Despite her cultural practices involving CBD and hemp, a positive THC test resulted in a felony charge of ‘unlawful conduct towards a child.’ Her record was later expunged, but the arrest disrupted her life significantly.
Attorney Erin Bailey’s Perspective
Erin Bailey, defending Harris-Rashid, criticizes the criminal charges for THC use. Bailey emphasizes the hardship women face when jailed, particularly impacting breastfeeding mothers. She draws attention to disparities in legal responses based on race.
Nicole Hamann’s Ongoing Challenges
Nicole Hamann faces financial difficulties after her husband’s accident. She struggles to find jobs due to her registry status and speaks out against the unjust system.
Additional Resources
For further insight, Dr. Stephen Patrick discusses the implications of drug testing new mothers in an exclusive video interview.
Leave a Reply