Hennepin Co. Attorney changing how office handles drug abuse cases for pregnant moms
MINNEAPOLIS (FOX 9) - Hennepin County Attorney Mary Moriarty has announced a new policy to end the criminalization of substance abuse during pregnancy.
What we know
On Tuesday, Hennepin County Attorney Mary Moriarty announced a policy change that her office says will help infants and parents thrive. From now on, Moriarity’s office will no longer prosecute women for using drugs while pregnant.
Moriarty also plans to dismiss about 40 pending cases.
"Threatening serious punishment for pregnant people with an addiction doesn’t stop or treat that addiction," Moriarty explained at a press conference. "We therefore must provide a safe space for those struggling to seek treatment while they are pregnant."
Critical response
In response to critics who are skeptical that the move condones drug use while pregnant, Moriarty said she relied on research that shows pregnant drug users were otherwise avoiding the doctor’s office and using drugs.
University of Minnesota medical school associate professor Dr. Cresta Wedel Jones supported Tuesday’s decision, saying she’s seen expecting mothers – struggling with drug abuse – who fall through the cracks, over fears of imprisonment.
"I know for sure it will result in more people seeking access to healthcare who are scared right now. There’s just been such criminalization of substance use in pregnancy, and I have so many patients who will come in so much later in their pregnancy than we would like them to, and we’re not able to manage their substance use, their prenatal care, to check on how their baby is growing," Dr. Wedel Jones said. "It’s a medical condition, and unfortunately, legal ramifications are not going to allow people to improve their medical condition. We’ve tried that for years, and it hasn’t worked."
"To some, it might seem that charging people for using drugs while pregnant might stop drug use, but the opposite is true," Moriarty continued. "We can see from other states that these policies do not help. In fact, they make outcomes worse."
Moriarty says the majority of the cases were coming from the Minneapolis Police Department. On Tuesday, Police Chief Brian O’Hara told FOX9 his officers will continue doing what they’re doing, and it’s up to Moriarty whether or not she wants to prosecute cases his agency recommends for charging.
Digging deeper
The Minnesota Legislature established the Task Force on Pregnancy Health and Substance Use Disorder in 2023 to recommend protocols for administering a toxicology test and for reporting prenatal exposure to a controlled substance.
"In our work to improve pregnancy outcomes and parental health at the Legislature, we know that receiving prenatal care is one of the most important aspects of a healthy pregnancy, for parent and baby," said Sen. Lindsey Port, founder and co-chair of the Reproductive Freedom Caucus (DFL-Burnsville). "I'm pleased that HCAO will no longer be criminalizing addiction during pregnancy, which will increase the likelihood that pregnant people will access the care they need to have safe, healthy pregnancies. We must work together at all levels of government to create better health outcomes for Minnesotans, including pregnancy and addiction, and I'm grateful for County Attorney Moriarty's partnership."
The task force started on July 1, 2023, and is expected to end on Dec. 1, 2024, the last day a written report can be submitted.
It’s not clear how or if the task force's eventual findings would impact the Hennepin County Attorney's Office’s new policy.