Policymakers and public health experts have long recognized the harm that can come to fetuses if women use drugs during pregnancy. As U.S. states legalize marijuana and as governmental attention focuses on the "opioid crisis," state policies pertaining to drug use during pregnancy are increasingly important. A new study examines the scope of state policies targeting drug use during pregnancy, how they have evolved, and how they compare to policies related to alcohol use during pregnancy.
The researchers examined all statutes and regulations in U.S. states pertaining to drug and alcohol use by pregnant women from 1970-2016, the entire period during which states legislated in these areas.
Laws included in the analysis were:
Policies were analyzed individually as well as classified as punitive toward or supportive of women. Punitive policies seek to control pregnant women's behavior through threats of sanctions. Supportive policies seek to provide information, early intervention, and treatment and services to them.
Key Findings:
Drug/Pregnancy Policy
Comparing Drug/Pregnancy Policy to Alcohol Pregnancy Policy
One implication of the trend toward punitive drug and alcohol/pregnancy policies is that that research to date shows that they deter pregnant women from seeking prenatal care and substance abuse treatment. They also disproportionately negatively affect women of color.
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Source: Sue Thomas, Ryan Treffers, Nancy F. Berglas, Laurie Drabble, and Sarah C. M. Roberts, Drug Use During Pregnancy Policies in the United States from 1970 to 2016, Contemporary Drug Problems , sagepub.com/journals-permissions, DOI: 10.1177/0091450918790790, journals.sagepub.com/home/cdx
Contemporary Drug Problems