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Idaho Senate Passes Bill Punishing Meth-Using Pregnant Women
March 2, 2006

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News Summary

A bill that calls for criminal charges against women who use methamphetamine or other illicit drugs while pregnant has passed the Idaho Senate on a 18-16 vote, the Associated Press reported Feb. 28.

Backers, including sponsor Sen. Denton Darrington (R-Declo), say the law would serve as a deterrent and cut down on the number of meth-exposed babies. But health experts said the threat of prison would deter women from seeking prenatal care and drug treatment. State Sen. Elliott Werk (D-Boise) said that when South Carolina passed a similar law, the number of pregnant women seeking addiction treatment fell by 80 percent.

Darrington said putting mothers in jail would be better than having them give birth to addicted infants. "The goal of this legislation is to avoid the birth of meth babies," Darrington said. "We want to deliver a healthy baby." The law also calls for taking babies away from their mothers if they are addicted at birth.

Cassia County Prosecutor Al Barrus said that the public would "go ballistic" if someone gave meth to a child or adolescent. "But yet we've got this loophole where a pregnant mother can take meth and deliver that meth to her unborn baby," he said. 

Countered Sen. Kate Kelly (D-Boise): "Possession of meth is a crime. Selling meth is a crime. Cooking meth is a crime. But being addicted to meth in our state is not a crime -- it's a disease. The criminalization of substance abuse, the separation of infants from their mother, is not in the best interest of Idaho families." 

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