First of Its Kind Tennessee Bill Signed Into Law Despite Controversy
Tennessee has never been known as soft on crime. Even as some states are legalizing recreational marijuana, a drug possession conviction in Tennessee for a half ounce of pot or less can carry a maximum sentence of a year behind bars and a $2,500 fine.
Despite Tennessee's reputation, some commentators believe the state's lawmakers have really gone too far this time with a new bill signed into law on April 29. The new measure makes it a crime, complete with penalties that can include years of prison time, for expecting mothers to expose unborn children to addictive drugs in utero.
Critics Fear Measure Will Deter Drug-Addicted Mothers From Seeking Treatment
The bill, SB 1391 is the first of its kind. Starting this summer, Tennessee will be the only place in the nation where a woman can be criminally prosecuted due to the impact of drugs on her pregnancy.
Criticism of the law has been pervasive. Not just the ACLU, but also women's groups, health care advocates, and drug policy experts have spoken out against SB 1391.
Critics believe the measure will discourage pregnant women who do have a drug problem from seeking appropriate medical assistance for fear of suffering criminal consequences.
The bill stands in stark contrast to Tennessee's Safe Harbor Act of 2013, signed just last year with the explicit purpose of getting pregnant women who are addicted to prescription drugs into treatment without them having to risk losing their children to the Department of Child Services.
SB 1391 will be in effect for an initial two year trial period, during which Governor Bill Haslam has pledged to study the effects of the law.
Call a Tennessee Defense Attorney if You Have Been Accused of Committing a Crime
The new law that makes criminals out of expecting mothers who need treatment for addictions is just one example of the hard line stance Tennessee takes when it come to drug crimes. If you have been arrested for any drug offense, you are facing serious penalties that could include real time behind bars.
Nevertheless, an arrest is not a conviction, and you do have the right to fight the charges against you. Do not let a drug charge unfairly impact your future and your freedom: get in touch with a Tennessee criminal defense lawyer today and protect your rights.
