In January 2021, Nicole Hamann gave birth to her fourth child, yet the experience was drastically different from what she expected. While in the hospital, she discovered both she and her newborn tested positive for THC, the active ingredient in marijuana.
“I felt like a criminal,” Hamann recalls. She had always maintained her health through pregnancies, but now faced feelings of guilt, shame, and fear. Living in Idaho, where marijuana is illegal, posed additional challenges. A month before delivering, Hamann unknowingly consumed a marijuana-laced brownie in Oregon, where marijuana is legal.
Hamann was soon embroiled in an investigation by Child and Family Services. In Idaho and some other states, a positive THC test in a newborn is seen as evidence of child abuse. Authorities inspected her home and interviewed her children, eventually closing her case.
Despite this, Hamann’s name was listed on the child protection central registry, marking her as a child abuser for ten years. This classification limits her employment options, barring her from working in hospitals or daycare centers.
“It’s heartbreaking,” she says. “It’s like carrying a heavy burden for a decade.”
Her case is not unique. Many new mothers in Idaho find themselves on this registry, often for using marijuana products to ease pain and nausea during pregnancy.
A Career Thrown Away
Similar is the story of Ashley McGrath. At 22, during her pregnancy, severe morning sickness led her to try marijuana gummies after prescription medication failed. This offered relief and allowed her to eat properly.
Like Hamann, McGrath faced investigation and was cleared, but remains on the child abuse registry. This has impacted her career in healthcare, leaving her to find unrelated work. She now delivers food orders, feeling stigmatized.
Legal Battles Ensue
Attorney Rick Hearn has filed a federal class action lawsuit in response. He argues these women have lost their ability to support their families without due process. He highlights that actual harm to children is not proven necessary to place mothers on the registry.
Across the U.S., 300,000 newborns experience prenatal cannabis exposure each year. The legal repercussions for their mothers vary by location, sometimes resulting in criminal charges.
In a joint investigation, over 70,000 referrals were made over six years to law enforcement regarding substance use during pregnancy.
A Harrowing Arrest
In 2021, Ayanna Harris-Rashid moved from California to South Carolina, unaware that using legal CBD could lead to legal issues. After her newborn tested positive for THC, she was charged with “unlawful conduct towards a child” and faced potential imprisonment.
Attorney Erin Bailey represents Harris-Rashid, challenging the harsh charges. Although cases often end in dismissal or probation, the initial trauma and expenses leave lasting damage.
The racial dynamics add complexity. Black mothers are disproportionately referred to law enforcement compared to White mothers.
Long-term Effects
Harris-Rashid’s charges were eventually dropped and her record expunged. However, the stigma and financial strain endure. For those like Hamann, years on the registry continue to impact lives.
Hamann, while hesitant due to her small town’s potential for judgment, chose to speak out, hoping to prevent such injustices for others.
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