Alabama is jailing pregnant marijuana users to ‘protect’ fetuses | Moira Donegan


A t a traffic stop, the law enforcement officer discovered a percentage of weed. Ashley Banks, a 23-year-old female living in Alabama, confessed to the polices that she had actually smoked marijuana 2 days previously. It was the exact same day that she discovered she waspregnant She was 6 weeks along. It was this disclosure– that she was pregnant– that led Etowah county authorities to keep her in prison, without a trial, for the next 3 months.

Alabama has an remarkably high imprisonment rate, securing about 938 people per 100,000 locals. However even in a state with an out of proportion jail population, an arrest for small drug belongings would not typically lead to such an extended pre-trial prison stay. However Banks fell victim to a strange Alabama law that supporters state Etowah county implements with unique passion: pregnant females who are jailed for drug offenses are not enabled to post bail and go totally free, the method other people are. They have to stay in state custody: either in prison, or in aresidential drug rehab program The reasoning is that the females are a risk to their fetuses: they require to be locked up by the state, and avoided their liberty, in order to secure their pregnancies.

In Banks’s case, prison authorities attempted to send her to rehab, however after an evaluation, the facility turned her away: Banks, they stated, was simply a casual marijuana user, not an addict, and did not require in-patient drug treatment Too healthy for rehab, however not relied on enough by the state to be released, she was kept in limbo in prison. On the other hand, Banks’s pregnancy wasn’t working out. She has a family history of miscarriages, and was experiencing bleeding in prison. At one point, prison authorities appointed her to sleep in a bed that was currently inhabited by another detainee; Banks slept on the flooring.

She’s not the only one. Another female, Hali Burns, was taken to the Etowah county prison simply 6 days after delivering to her boy, with cops stating that she had actually evaluated favorable for a drug used by pregnant females with opioid addictions to help handle yearningsand withdrawal When she was tossed in prison, Burns was still physically recuperating from delivering. However the prison had no centers for her to pump or tend to her injuries. Her partner attempted to bring pads and underclothing to her, so that she would not have to bleed into her clothing, however Etowah county authorities would not let her have them. The threat for infection was fantastic– the indignity was even higher.

Stories like Banks’s and Burns’s– the needless and out of proportion imprisonment, the loss of liberty and option caused on them on the basis of their pregnancies, the ruthlessness validated by authorities as “defense” for a fetus– are ending up being morecommon Alabama criminalizes more females for pregnancy than any other state Simply in 2015, Kim Blalock, a mom of 6 from Florence, Alabama, was charged with a felony for filling a longstanding prescription from her physician whilepregnant District attorneys charged that the medication, which Blalock was taking as recommended, might have harmed her fetus, and that she ought to have understood not to refill it. (Blalock later on delivered to a healthy infant kid.)

However these jailings are not simply an Alabama thing: the pattern of locking up pregnant and postpartum females for apparently threatening their fetuses is one that’s growing across the country. Over 32 years, from 1973, when Roe v Wade was chosen, to 2005, the United States saw an overall of 413 pregnancy prosecutions throughout the entire country, according to Afsha Malik, a research study partner at the reproductive justice group National Supporters for Pregnant Females and the co-author of a current report on pregnancy criminalization However over simply a 14-year duration, from 2006 to 2020, there were more than 1,300 such cases. That high boost occurred while Roe was still in location; now that it’s fallen, pregnancy criminalization is most likely to speed up a lot more. “We understand that we’re going to see more examples of pregnant people being criminalized for behavior that might be [seen as] warranted for the public, like utilizing compounds,” Malik informed the Country. “[Other] cases that we have actually seen are going to speed up, like [for] dropping the stairs, having a house birth, not looking for prenatal care, having HIV, having a self-induced abortion, and experiencing a pregnancy loss.”

Still, Etowah county appears to be a hotbed for this specific kind of misogynist ruthlessness. NAPW states that the county has actually imprisoned 150 pregnant females in current years; as lots of as 12 are presently held in its prison.

The Dobbs choice didn’t develop this state of affairs, however it’s most likely to intensify it. The policy in location in Etowah county and in other places exposes the distorted reasoning and despiteful absurdities of the anti-choice worldview. The motion claims to see embryos and fetuses as individuals, and in practice they speak as if these “individuals” are not females’s equates to, however their superiors: the fetus is developed of as more vital than the female, more worthwhile, less polluted by those things that make a pregnant female so uninviting– her femaleness, her sexuality, her propensity to have human desires and human battles, like inflammation or addiction or anger. In the service of securing and advancing this exceptional being of the fetus, the anti-choice motion claims, it is reasonable, even required, to take the liberty of those lower females.

And yet the practice of locking up females to “secure” their fetuses and babies does not make good sense on its own terms. Prisons are filthy, desperate and violent locations; Banks, who had a high-risk pregnancy, regularly bled throughout her imprisonment and had no gain access toto medical care Burns, who was jailed simply a couple of days after delivering, was unable to care for her brand-new boy, or her young child child. None of what the anti-choice motion is doing can be stated to secure anybody– not the imaginary “individuals” thought of in an embryo or fetus, not the genuine, living kids denied of their moms, and definitely not the pregnant and postpartum females, shamed and tossed into cages, still bleeding from delivering. One starts to think that the only worth the anti-choice motion truly sees in fetal “individuals” is the pretext that it permits them for misogynist sadism.



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