MINNEAPOLIS — Noting that chemical addiction in and of itself is not illegal, the Hennepin County Attorney's Office (HCAO) announced a significant policy change Tuesday, saying that women who engage in drug use will no longer be charged criminally. Instead, County Attorney Mary Moriarty says, those women will get the care they need to help keep infants healthy and safe.
The new policy is effective immediately, and pending cases will be dismissed. While current state law does not allow prosecutors to expunge records in cases of women convicted of using while pregnant, Moriarty says her office will support petitions for expungement filed by those previously charged.
BELOW: Hennepin County Attorney Mary Moriarty held a press conference to announce that women who engage in drug use will no longer be criminally charged.
“Drug use during pregnancy is a serious concern. But criminalizing pregnancy makes no sense because it causes the very harm it seeks to prevent," Moriarty said. "Instead of stopping people who struggle with addiction from using drugs, punitive policies make them afraid to seek the crucial prenatal care, health care, and drug treatment they need.”
The HCAO says the new policy is research-driven, with studies showing:
- Pregnant people who fear charges and incarceration are less likely to seek substance abuse treatment and prenatal care, which can lead to poor outcomes.
- States with punitive policies have higher rates of neonatal abstinence syndrome (NAS - problems associated with withdrawal).
- Criminalizing pregnancy has a disproportionate impact on low-income communities, particularly people of color.
- Separating an infant and parent carries a high cost for both.
“According to the National Library of Medicine, in the last five decades, the number of women behind bars in the United States has risen exponentially. It is now estimated that there are nearly 58,000 pregnant people — disproportionately women of color — sent to jails and prisons each year," said Rep. Esther Agbaje (DFL-Minneapolis), chair of the Minnesota House Black Maternal Health Caucus. "By focusing on harm reduction and treatment rather than punishment, we can create a safer environment for all families."
The HCAO says a number of prominent medical organizations - including The American College of Obstetricians and Gynecologists (ACOG), the National Perinatal Association, the American Society of Addiction Medicine and the American Nurses Association (ANA) - oppose taking criminal action against people who are pregnant and struggling with substance use disorders.