What actions can be taken by a state with regards to the use of marijuana during pregnancy?

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What actions can be taken by a state with regards to the use of marijuana during pregnancy?

I am 26 weeks pregnant and have just given up the use of Marijuana. I will with a positive outcome be pregnant for the next 3 months, long enough for my system to be cleansed of the herb. With a less favorable outcome, my little one may come early therefore increasing the likelihood of a positive drug test. I am wondering if OR requires drug testing. I would like to have a clear picture of how a positive drug test for marijuana would effect the outcome of this blessed event. What worries should or shouldn’t I have regarding this predicament?

Asked on April 11, 2011 under Criminal Law, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Certain states have laws that make it a felony to smoke pot while you are pregnant.  The theory under which the party is prosecuted is a felony drug delivery charge, as obviously the drug ingested by the Mother travels via the placenta to the child. This happened in Texas not long ago where twins tested positive at birth for drugs and the result was a charge and conviction of delivery of a controlled substance to a minor which is a second-degree felony in Texas punishable by two to 20 years in prison.  I think that you should consult with an attorney in your area and I hope that you are getting good pre-natal care.


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