Missouri bill would criminalize pregnant women who do drugs. Would that help or hurt?

Lucas Johnson was nearly born on a bathroom floor where meth was being cooked.

His mother was a drug user and had no prenatal care while she was pregnant. He was born prematurely and weighed just 1 pound 10 ounces.

Now, at nearly 3 years old, he weighs 22 pounds and has a long list of medical issues, including developmental delays, astigmatism and seizures.

“We go to the hospital two to three times a month for different medical issues that he has. And it’s all just because she chose drugs,” said Tammy Johnson, Lucas’ adoptive mother.

On Monday, Lucas blew lawmakers a kiss as they heard testimony on a bill that aims to combat the increasing number of babies like him who are born with symptoms of drug withdrawal, known as neonatal abstinence syndrome.

But to its critics, the bill would criminalize vulnerable women and discourage them from seeking treatment. Many anti-abortion advocates also fear it would lead women to terminate their pregnancies.

“Many pro-life groups and individuals… are concerned that this could drive women to have abortions because of concern about criminal sanctions,” said Samuel Lee, director of Campaign Life Missouri. “I share that concern.”

The bill, sponsored by state Rep. Jered Taylor, a Nixa Republican, would make it a felony if a pregnant woman takes narcotic drugs or controlled substances without a prescription.

“These women need to get help,” he said. “We’re not only talking about their life, but we’re also talking about the life of their unborn child, and making sure that they have babies that are born healthy and drug-free.”

Supporters say the bill would ensure consequences are in place to deter pregnant women from taking drugs.

Opponents say that rather than aiding addicts, the bill would punish them.

“We’re going to turn a person who has an addiction into a criminal,” said state Rep. Barbara Washington, a Kansas City Democrat who sits on the committee that debated the bill Monday.

Newborns addicted to opioids have risen as the opioid epidemic has snowballed in America. The number of babies born experiencing opioid withdrawal tripled during a 15-year period, according to a 2016 report by the Centers for Disease Control and Prevention that analyzed hospital data from 28 states.

Missouri has felt the effects of that, too. A 2017 report by the Missouri Hospital Association found that the number of infants born with neonatal abstinence syndrome across the state rose from fewer than 100 in 2006 to almost 600 in 2016 — a 538 percent increase.

Other states have tried to solve the issue. Substance use during pregnancy is considered child abuse in 24 states and the District of Columbia, and 19 states have created or funded drug treatment programs specifically targeting pregnant women, according to the Guttmacher Institute, a reproductive rights research group.

Kristen Ellis, the Lafayette County prosecuting attorney, testified for the bill. She recounted an incident in which a young woman who had used controlled substances throughout her pregnancy gave birth to a baby who would have lifelong medical issues. Law enforcement asked what they could do.

“There was nothing. At that point, there was nothing that we could do,” Ellis said. “There are no consequences in my role as prosecuting attorney, and that is extremely troublesome.”

Perry Barnes, the chief juvenile officer of the Christian County Juvenile Office, said the current system isn’t protecting newborns.

“There’s policies in place that allow these children to never be reported to the juvenile office, and they’re dying,” Barnes said. “They’re dying on my watch.”

However, some lawmakers and opponents of the bill said a public health approach should be the priority, not a criminal justice one.

Washington referred to opioid addiction as a sickness and wondered why Taylor was seeking to punish women who are struggling with substance abuse issues.

“It’s not that I want to punish,” Taylor said. “I believe that there needs to be some enforcement mechanism in order to encourage these women to get the treatment necessary.”

Washington shot back: “Are you aware that once they have the child and if the child tests positive the child is immediately taken away from them? Is that not punishment enough?”

Rep. Kevin Corlew, a Kansas City Republican, shared that his adopted son tested positive for cocaine at birth and experienced withdrawal symptoms for a month.

“I would personally rather give that birth mother a great big hug and then offer treatment, and not slap a crime on her, because she gave birth to a child,” Corlew said. “And that child is one of the biggest blessings of my life.”

The bill would give women the option to enter Missouri’s Drug Court program, which would provide them with treatment and “basically have this wiped off their record,” Taylor said.

Since treatment courts began in Missouri, 846 drug-free babies have been born to treatment court participants, according to a fact sheet from the Drug Courts Coordinating Commission.

Washington noted Jackson County was the first to establish a treatment court in 1993, but stressed that there are still counties lacking them. While pregnant woman receive priority admission, Washington said that does not guarantee them a spot in the program or ensure they will complete it.

Other opponents of the bill argued that it fails to address the underlying issues that lead to opioid addiction.

Sarah Topps, a lobbyist for the Missouri section of the American Congress of Obstetricians and Gynecologists, said the bill had a “punitive approach.”

“In addition to limited access to basic obstetric care,” Topp said, “there evidently are very few centers in Missouri who are willing to treat pregnant women with substance abuse disorders.”

Throughout the hearing Taylor referenced Tennessee, the first state to pass similar legislation in 2014, and noted abortions decreased in the state after the law was implemented.

However, Washington pointed out that Tennessee lawmakers let the same law expire in 2016 because women were being discouraged from seeking treatment.

“Most of my community is on Medicaid,” Washington said. “And the woman that we have like this, they have not gone to get treatment if they’re addicted because they’re afraid. I don’t think this does anything to help the problem.”

This story was originally published February 21, 2018 at 1:47 PM with the headline "Missouri bill would criminalize pregnant women who do drugs. Would that help or hurt?."