A 26-year-old Tennessee woman was the first to be arrested under the state's Pregnancy Criminalization Law within 10 days of going into effect. The law allows prosecution of women who use narcotics during pregnancy.
Last week, Mallory Loyola delivered a baby girl who was tested positive for amphetamine. She confessed to smoking drugs a few days before delivery and was charged with simple assault. The judge set a bond of $2,000 and a court's date is arranged for later this month.
According to the Department of Children's Services, the baby is not in the custody of the state and that the matter is under investigation.
"It's sad to see a child not getting an opportunity to come drug-free and given a chance. We want to see our children have a chance in life," said Monroe County Sheriff Bill Bivens, reports ABC affiliate WBIR.COM. "Children need the chance and it's sad when you see children who come out born into the world already addicted to drugs."
Health experts stated that newborns exposed to narcotics or illegal drugs while in the mother's womb may develop neonatal abstinence syndrome.
The law particularly mentions that it will penalize those who use narcotics during pregnancy, if (a woman's) child is born addicted to or harmed by the narcotic drug. However, amphetamine is categorized as a stimulant and not a narcotic. Reports also did not mention the presence of symptoms of withdrawal in the baby or whether it was harmed by the exposure, according to RH Reality Check.
Bill Haslam, the governor of Tennessee, signed the bill in May making the state the first in the United States to arrest and jail pregnant women found guilty of taking drugs that would harm the baby. The law that went into effect July 1, can also call for re-examination in two years, after public health officials have had time to gather data assessing its impact on babies and mothers.
Those against the law argued that it will discourage pregnant women with drug issues from getting medical care out of fear of being arrested. They said that for low-income mothers, many state treatment programs do not account for the mothers' loss of income.
Loyola remains in Monroe County Jail.
