[ [link removed] ][IMG]

John,  

Imagine facing criminal charges for using marijuana while pregnant.

In Oklahoma, a growing number of pregnant people are facing criminal child
neglect charges related to pregnancy and drug use. Give us a moment to
explain: 

According to an investigation by The Frontier and The Marshall Project,
women are being charged with child neglect when their newborns test
positive for controlled substances. Although current Oklahoma laws
specifically apply only to illegal substances, many pregnant women
currently are facing felony charges for using doctor-recommended or
licensed medical marijuana during their pregnancies.^1 Even though their
babies are born without health complications, most of these women are
facing a possible life sentence in prison.^2 

John, Black, brown and poor people bear the brunt of pregnancy
criminalization. Since the War on Drugs in the 1980s, Black mothers have
been targeted and charged with a variety of crimes, including child abuse,
distribution of drugs to a minor and assault with a deadly weapon.^3 

This is history repeating itself, John. In the eyes of some
within the legal system, Black women are viewed as less than human,
creators of Black criminality and untrustworthy to make decisions
regarding their reproductive health. We can’t let fear of criminal
prosecution be added to the list of reasons pregnant people avoid getting
the care they need. 

[ [link removed] ]That’s why we’re calling on district attorneys in Oklahoma to say NO to
criminalizing pregnancy.

Sign the petition

Tell Oklahoma Prosecutors to prioritize care over incarceration

The policy of criminalizing pregnant people is dangerous and harmful, but
sadly, par for the course in Oklahoma. The maternal mortality rate in
Oklahoma has increased by nearly 50 percent from 2015 to 2017 compared to
the previous three years.^4 And in 2020, the Oklahoma Court of Criminal
Appeals ruled that a woman can be charged with child neglect for being
pregnant and using drugs— a felony that carries up to a life sentence.^5
Courts in Alabama and South Carolina have handed down similar decisions.^6
This has led to prosecutors increasingly criminalizing pregnancy and
pregnancy outcomes.  

In Kay County, Oklahoma, District Attorney Brian Hermanson charged at
least 45 women during the past few years for being pregnant and using
drugs.^7 He charged at least 10 women with felony child neglect in 2020
for being pregnant and using drugs. At least three of the women charged
had medical marijuana licenses.^8 Oklahoma’s medical marijuana statute
clearly states that a person in possession of a medical marijuana license
is not subject to arrest or prosecution for marijuana use. It goes even
further, stating that there is no assumption of child neglect on the sole
basis of a parent using medical marijuana. DA Hermanson’s prosecution of
pregnant women who use medical marijuana is unsupported by law. 

In Comanche County, Oklahoma, 10 women have been charged with felony child
neglect or abuse since 2018 for being pregnant and using drugs.^9 Three
women were charged with manslaughter. And in 2020, a local news channel in
Oklahoma reported that Comanche County DA Kyle Cabelka’s office planned to
seek prison terms in every reproductive care case.^10

[ [link removed] ]Demand access to reproductive care, not cages

Medical and public health groups recognize the harm when women, trans and
non- binary people are prosecuted for their pregnancy and pregnancy
outcomes. Maternal, fetal and newborn health suffers. Black women, in
particular, already are facing a crisis of maternal health.

Our communities can’t afford more harm resulting from such prosecutions.
Health care providers and policy experts told The Frontier that fear of
criminal prosecution can prevent people from seeking prenatal care or
substance use treatment, which may lead to worse health outcomes for
pregnant people and their babies.^11 Many leading medical groups publicly
oppose prosecution for drug use during pregnancy. At least 37 Oklahoma
doctors signed a letter denouncing the practice in December 2021.^12

[ [link removed] ]By demanding prosecutors use their discretion to keep law enforcement
out of health decisions, we can make it a bit safer for pregnant people
caught in this attack on reproductive freedom. Can we count on you to join
the fight, John?

tELL YOUR DA: DROP THE CHARGES 

Until justice is real, 

Criminal Justice and Democracy Team at Color of Change

--------------------------------------------------------------------------

References: 

 1. Frontier. "Oklahoma is prosecuting pregnant women for using medical
marijuana."
[link removed]
 2. Ibid. 
 3. Prism. "The legacy of the 'crack baby' myth continues to criminalize
pregnant people."
[link removed]
 4. The Frontier. "More Oklahoma women are dying from pregnancy-related
causes, and the reasons are myriad."
[link removed]
 5. The Frontier. "She was charged with manslaughter after a miscarriage.
Cases like hers are becoming more common in Oklahoma."
[link removed]
 6. Ibid.
 7. Ibid. 
 8. Ibid. 
 9. Ibid.
10. Ibid.
11. Ibid.
12. Ibid.


--------------------------------------------------------------------------

[ [link removed] ]ColorOfChange is building a movement to elevate the voices of Black
folks and our allies, and win real social and political change.

<style type="text/css">

blockquote .original-only,
.WordSection1 .original-only
{
display: none !important;
}

</style>

<div class=".original-only">

You can unsubscribe from this mailing list at any time:
[link removed]
</div>