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The state does have the right to take away a baby if it not being cared for; any sort of drug use by the mother is one of many factors considered by the state when the descision is made to take custody for the baby's protection.

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14y ago
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10y ago

Smoking pot while pregnant is big NO. There may be side-effects from doing that.

South Carolina: The only state that holds prenatal substance abuse as a criminal act of child abuse and neglect.

Iowa, Minnesota, and North Dakota: Health care providers are required to test for and report prenatal drug exposure.

Virginia: Health care providers are only required to test.

Arizona, Illinois, Massachusetts, Michigan, Utah, and Rhode Island: Health care providers are required to report prenatal drug exposure. Reporting and testing can be evidence used in child welfare proceedings.

Colorado, Florida, Illinois, Indiana, Maryland, Minnesota, Nevada, Ohio, Rhode Island, South Carolina, South Dakota, Texas, Virginia, and Wisconsin: They consider prenatal substance abuse as part of their child welfare laws. Therefore prenatal drug exposure can provide grounds for terminating parental rights because of child abuse or neglect. In 2004, Texas made it a felony to smoke marijuana while pregnant, resulting in a prison sentence of 2-20 years.

Minnesota, South Dakota, and Wisconsin: The have policies that enforce admission to an inpatient treatment program for pregnant women who use drugs.

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Q: In what states can you get in trouble for smoking pot while you are pregnant?
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