Alabama how could you? Senate approves forcing women to take pregnancy tests to get weed

The controversial bill, approved by the Alabama Senate and recently introduced by Sen. Larry Stutts (R), will require all women between the ages of 13 and 50 to prove they are not pregnant or breastfeeding in order to purchase medicinal cannabis.

Emma Roth, an attorney with the National Advocates for Pregnant Women (NAPW), said no state in the union has ever passed such a law because, in the first place, it is unconstitutional.

“This is completely unprecedented because it is so clearly unconstitutional,” she said.

Roth said Oklahoma considered a similar provision by executive order in 2018, but backed out given the high possibility of a legal challenge.

“We have serious concerns, just from a constitutional standpoint and from a public health standpoint,” Roth told Al.com. “We are deeply concerned that this is a violation of the privacy of Alabama women and their right to equal protection under the law.”

Legal issues aside, the legislation also “isn’t scientifically sound,” Roth added, citing a 2020 study that found evidence that does not suggest prenatal cannabis use leads to cognitive impairment.

In fact, there are several conditions where medical marijuana is helpful for pregnant women, such as: B. epilepsy and hyperemesis gravidarum, the latter being a severe form of morning sickness that can lead to weight loss, studies show.

Photo by Cengiz via Unsplash

A sad but true story

Katie Darovitz, an Alabama woman with epilepsy, was advised by her doctor to stop her anti-seizure medications if she became pregnant because they are linked to birth defects, so she admittedly turned to medicinal cannabis to help control her seizures and to prevent.

RELATED: Alabama Senator: Women Must Prove Not Pregnant to Buy Medical Marijuana

However, she was arrested a few weeks after giving birth to her son in December 2014 for chemical endangerment of a child because they both tested positive for marijuana, even though the newborn was perfectly healthy.

Darovitz’s charges were eventually dropped, but Roth said her case shows that the decision on whether to procure medical marijuana should rest with a woman and her doctor, not the Alabama legislature.

RELATED: Here’s why women use cannabis during pregnancy

“This legislation would prevent pregnant women from getting medical marijuana even if they and the doctor agree it’s in the best interest of their health and the health of their baby,” Roth said.

“When someone becomes pregnant, their pre-existing conditions don’t suddenly go away.”