Jazzed by the sense that the tide is finally turning their way, more than a thousand people interested in changing drug policies flooded into Albuquerque, New Mexico, last weekend for the

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Students for Sensible Drug Policy, the National Organization for the Reform of Marijuana Laws, and Feminism Without Borders is honored to co-host Nydia A.

People working in the field of family law and child-welfare often have cases that involve issues of drug use.

A federal appeals court ruled October 8 that a Long Island, New York, woman's rights were violated when police strip searched her in a room with a video camera after finding a marijuana stem in the

A major and underappreciated problem with drug testing is that the stupid tests don’t even work. They say people took drugs when they didn’t. The problem is particularly apparent in the case of pregnant women who are frequently targeted for drug screening, but whose changing body chemistry throws off the results:

Hospitals' initial urine- screening drug tests on pregnant women can produce a high rate of false positives - particularly for methamphetamine and opiates - because they are technically complex and interpretation of the results can be difficult, some experts say.

Tests for methamphetamine are wrong an average of 26 percent - and possibly up to 70 percent - of the time, according to studies by the University of Kansas Medical Center, U.S. Substance Abuse and Mental Health Services Administration and the American Association for Clinical Chemistry. [DailyNews]

Of course, drug policy and science cannot coexist harmoniously, thus babies are taken from mothers who test positive, even though the tests are constantly wrong. In one tragic case, a child died in foster care after being wrongly separated from her mother:

Growing up in Los Angeles County's foster care system, Elizabeth Espinoza is sure of one thing: A baby needs its mother.

Espinoza, who was separated from her own mother when she was young because of neglect, also had her newborn baby taken by the foster-care system when she tested positive for marijuana and cocaine at the hospital after giving birth.

Just three months later, the baby, Gerardo, died when his foster mother strapped him into a car seat, took him to a neighbor's home and left him in the car seat on a bed, according to a lawsuit filed against the county's Department of Children and Family Services seeking unspecified damages. [DailyNews]

I hope I'm not being generous, but I really think almost anyone would agree that this is just sickening and horrible. The press coverage will hopefully initiate progress towards cleaning up the procedures that contributed to this travesty. I will hold out hope that common sense can prevail over the mindlessness of taking children from their parents based on evidence that is proven to be wrong up to 70% of the time, particularly now that the alternatives we have available for those children have been demonstrated to be fatally inadequate.

But there is also a larger lesson here that must not escape our attention. Think for a moment about how many women have already been falsely accused under this wildly unjust policy. Think about the social consequences of tearing families apart based on deeply flawed science in a criminal justice system that strikes without hesitation but drags its heels when it comes to righting such ubiquitous wrongs. Ask yourself, also, how such a policy was ever implemented in the first place, doomed as it was to destroy innocent families so capriciously.

Once again, we are faced with a monumental travesty, grand in scope, yet remarkably simple in origin; we should protect unborn children from drug-using mothers. We've wreaked unimaginable and undue suffering upon innocent parents and children in pursuit of the noblest of ideals. That, unfortunately, is the story of most aspects of our drug policy when they receive appropriate scrutiny. The totality of such repeated travesties forms a terrifying mosaic, the true, yet largely untold story of how our drug policies destroy innocent lives each and every day in ways we might never expect.

It is precisely because the idea to protect babies from drugs is such a no-brainer that a plan was drafted with no brains.

Phillip S. Smith, Writer/Editor

For Immediate Release: May 11, 2007
CONTACT: Reena Szczepanski (DPA): 505-983-3277 or Nancy Goldstein (NAPW): 347-563-1647

Supreme Court of New Mexico Strikes Down State’s Attempt to Convict Woman Struggling with Addiction During Pregnancy

Leading Physicians, Scientific Researchers, and Medical, Public Health, and Child Welfare Organizations Applaud Court’s Order

On May 11, the Supreme Court of the State of New Mexico turned back the state's attempt to expand the criminal child abuse laws to apply to pregnant women and fetuses. In 2003, Ms. Cynthia Martinez was charged with felony child abuse “for permitting a child under 18 years of age to be placed in a situation that may endanger the child's life or health. . .” In bringing this prosecution, the state argued that a pregnant woman who cannot overcome a drug addiction before she gives birth should be sent to jail as a felony child abuser.

Today the Supreme Court summarily affirmed the Court of Appeals decision, which overturned Ms. Martinez’s conviction. New Mexico joins more than 20 other states that have ruled on this issue and that have refused to judicially expand state criminal child abuse and related laws to reach the issues of pregnancy and addiction.

The Drug Policy Alliance (“DPA”) and the National Advocates for Pregnant Women (“NAPW”) filed a friend-of-the-court brief http://www.drugpolicy.org/docUploads/NMvMartinezAmicusBrief.pdf on behalf of the New Mexico Public Health Association, the New Mexico Nurses Association, and nearly three dozen other leading medical and public health organizations, physicians, and scientific researchers. During oral argument, the Justices referenced the amicus brief filed by these organizations and expressed grave concerns about the deterrent effect such prosecutions would have on women seeking prenatal care.

Tiloma Jayasinghe, NAPW staff attorney, explained, “Making child abuse laws applicable to pregnant women and fetuses would, by definition, make every woman who is low-income, uninsured, has health problems, and/or is battered who becomes pregnant a felony child abuser. In oral argument, the state’s attorney conceded that the law could potentially be applied to pregnant women who smoked.”

Reena Szczepanski, Director of Drug Policy Alliance New Mexico, said, “I hope that this case serves as a reminder that pregnant women who are struggling with drug use should be offered prenatal care and drug treatment, not prosecution. There are better ways to protect our children in New Mexico, and ensure that future generations will be safe and healthy.”

Because last week's Chronicle was issued a few days late, and because this feature article deals with issues that DRCNet is directly involved with or plans to be, we reprint it in this week's i