Nicole Hamann experienced a life-changing event after giving birth to her fourth child in January 2021. During her stay at the hospital, both she and her newborn tested positive for trace amounts of THC, an active compound in marijuana. This led Hamann to feel criminalized, despite her careful self-care during pregnancy.
Hamann resides in Idaho, where marijuana is illegal. A month before delivering, she unintentionally consumed a marijuana-laced brownie in Oregon, where the substance is legal. Her explanation was disregarded when Child and Family Services initiated an investigation, viewing the positive THC test as potential child abuse. A police officer accompanied investigators to her home. After assessing the situation, the state social workers closed her case, yet she was placed on the child protection central registry. This listing barred her from working in certain professions and volunteering at her children’s school for ten years.
Ashley McGrath faced a similar ordeal. Suffering from severe morning sickness during her pregnancy, McGrath tried various remedies before finding relief through marijuana gummies. Despite her child being born healthy, her name, like Hamann’s, was added to the child abuse registry. This decision severely impacted her aspirations in healthcare.
Attorney Rick Hearn has filed a class-action suit against Idaho, arguing these mothers lost their ability to earn a living without due process. The state does not require evidence of harm to the child to place a mother on this list.
Around 300,000 newborns annually are exposed to cannabis in the U.S., with legal risks for mothers varying by state. In states like South Carolina, a positive THC test can lead to criminal charges. Ayanna Harris-Rashid faced such charges after using CBD products for relief. She was arrested, highlighting the profound impact on personal and professional lives.
Attorney Erin Bailey defends mothers like Harris-Rashid, criticizing the criminality imposed on them. Despite some charges being dropped, the repercussions of arrest and time in custody can be damaging.
Statistics reveal disparities in law enforcement referrals based on race. Mothers of Black newborns are disproportionately affected. Jimmy Richardson, a county solicitor, acknowledged potential bias in reporting.
Erin Bailey argues that the current system fails these women, imposing financial and emotional burdens without just cause. Despite some records being expunged, the stigma and challenges remain. For Hamann, the registry entry profoundly affected her ability to support her family following her husband’s injury.
Hamann, hesitant yet determined, speaks out against these regulations, hoping to influence change and protect others from similar experiences.