Tennessee's Controversial Law to Stop Substance Abuse in Pregnant Women - Essay Sample

Introduction

Substance abuse has been a social issue for a long time. It a societal problem that affects virtually everyone in the community. One of the severe effects of substance abuse and addiction is the adverse effect that it causes to the unborn babies in case the mother is an addict. In view of this, the State of Tennessee developed a bill that was later on dubbed the “controversial law” to curb substance use amongst expectant women. The primary aim of the law was to reduce illicit drug use for pregnant mothers as well as reducing the adverse effects it has on the infants. With this in mind, the paper examines the law in light of its advantages in dealing with drug use, including protecting the unborn babies from exposure to illicit drugs, deter women from substance use, reinforcing already available drug laws as well as providing alternative solutions to drug addiction problem in women.

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The health of pregnant women and their unborn babies is the central focus of the law. It seeks to protect infants from the effects of substance abuse by the mother. The implementation of the law is the initial step towards protecting the unborn child from the harmful effects caused by substance abuse. Additionally, it aims at reducing the level of drug addiction amongst individuals as it helps in stopping a child from inheriting the addiction from the mother, who could be a perpetual drug abuser. The law is a vital component in the war against illicit drug use. It reinforces the already existing laws on illegal use of narcotics, thereby putting more pressure on the traffickers and drug abusers. Additionally, the arrest and incarceration of pregnant women found guilty of breaking the law is essential as it helps to deter other women from engaging in such acts.

Numerous ways are available to deal with the drug addiction problem amongst women. Continued drug use to quench the urge is one of the easiest ways that addicts resort to. However, by imposing the law on pregnant women, the addicts will have no other choice besides seeking help through counseling and rehabilitation. Thus, the law will force women to find alternative options for drug use. It is one of the most effective methods as chances of pregnant women bypassing this are minimal.

Besides the various positive aspects of the law, several oppositions have emerged challenging its application. Those opposing the law points out to factors such as the possibilities of the law hindering pregnant women who are addicts from getting help, the law may lead to increased abortions and pregnancy terminations amongst the addicts as well as the discriminative nature of the law. Expectant women who are addicts may avoid seeking medical and rehabilitation help for fearing the legal consequences of their habit. Additionally, women who find it hard to cope with the drug use urge may turn to abortion and terminate the pregnancy to be free from the legal consequences that come with the law. The American Civil Liberties Union of Tennessee is one of the legal organizations that came out clearly to oppose the application of the law and challenge its application. According to the organization, the law was discriminative and a direct violation of the constitutional requirements of equality (Mohney, 2014). However, all the issues raised by those opposing the law can be solved. The laws on illegal abortion cater to the possibility of terminating a pregnancy to evade this law. Additionally, the law provides open-loop for addicts to seek help and use the recovery from substance abuse as their defense. Finally, there is no single law that can cater to all genders and individuals in society, thereby eliminating the issue of discrimination in the application of the law.

References

Mohney, G. (2014). First Woman Charged on Controversial Law that Criminalizes Drug Use during Pregnancy. http://abcnews.go.com/US/woman-charged-controversial-law-criminalizes-drug-pregnancy/story?id=24542754

http://www.salon.com/2014/04/30/tennessee_just_became_the_first_state_that_will_jail_women_for_their_pregnancy_outcomes/