A new report from the reproductive rights organization Pregnancy Justice has found a significant rise in pregnancy-related prosecutions since the 2022 Supreme Court decision that overturned *Roe v. Wade*, effectively ending the nationwide right to abortion. The most common criminal charges faced by pregnant people involve allegations of drug use during pregnancy, particularly marijuana and other substances.
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The report identified 210 criminal cases related to pregnancy, pregnancy loss, or birth in the year following the court’s *Dobbs* ruling, with 97% of those cases involving allegations of substance use. Marijuana was cited in 86 cases, making it the second most common drug mentioned, following methamphetamines. In 31 cases, the sole allegation was marijuana use, and in five cases, the defendants were registered medical marijuana patients under state law.
The report highlights that most charges did not require proof of harm to the fetus or newborn; instead, the perceived risk of harm was enough to justify prosecution. The findings reflect a longstanding trend in targeting pregnant people for substance use, dating back to the crack cocaine era, but now shifting to methamphetamines, amphetamines, marijuana, and opioids.
The report also underscores significant geographical disparities in prosecutions. Alabama accounted for nearly half of the cases, with 104 prosecutions, followed by Oklahoma (68) and South Carolina (10). Many of the defendants were from low-income backgrounds, further emphasizing the socio-economic impact of such legal actions.
In Oklahoma, local news reported that 26 mothers faced felony child neglect charges for using medical marijuana during pregnancy, despite holding legal medical marijuana cards. A July court ruling, however, determined that women cannot be prosecuted for child neglect solely for legally using medical marijuana while pregnant.
The report, titled *Pregnancy as a Crime: A Preliminary Report on the First Year After Dobbs*, reflects ongoing research by Pregnancy Justice, with further reports planned in the future. Its findings suggest that the criminalization of pregnant people has reached unprecedented levels, prompting calls for increased attention and advocacy to reverse these legal actions.
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