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Pregnant OxyContin User Jailed
May 13, 2005

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News Summary

A judge in Racine County, Wis., has ordered a pregnant woman addicted to OxyContin to be jailed, saying that the fetus needs to be protected from the mother's addiction.

The Associated Press reported May 12 that Judge Charles Constantine ordered Rachael Lowe, 20, to be confined while county officials gather medical records for a hearing next week. Lowe has been held at St. Luke's Hospital since April 29.

The woman's husband, Michael, asked the court to free his wife, saying she is scheduled to enter an intensive outpatient treatment program and also needs an obstetrical exam.

Wisconsin law allows pregnant women to be held in hospitals if they are found to be addicted to alcohol or other drugs that could harm their unborn children.

The judge criticized officials for moving slowly on the case, but when Michael Lowe asked why his wife should be punished for the government's mistakes, Constantine replied: "Don't get me started. You know why she's suffering? Because she's 29 weeks pregnant and the child is in the uterus with a drug cocktail. You wouldn't be here unless your wife didn't have a substance-abuse problem."

Michael Lowe said his wife had sought help voluntarily, and that the confinement sent a bad message to other pregnant addicts. "Why detain her and hold her locked up in a psychiatric ward for wanting to better herself? I don't understand that," he said.

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