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Supreme Court of New Mexico Strikes Down State’s Attempt to Convict Woman Struggling with Addiction During Pregnancy

For Immediate Release: May 11, 2007 CONTACT: Reena Szczepanski (DPA): 505-983-3277 or Nancy Goldstein (NAPW): 347-563-1647 Supreme Court of New Mexico Strikes Down State’s Attempt to Convict Woman Struggling with Addiction During Pregnancy Leading Physicians, Scientific Researchers, and Medical, Public Health, and Child Welfare Organizations Applaud Court’s Order On May 11, the Supreme Court of the State of New Mexico turned back the state's attempt to expand the criminal child abuse laws to apply to pregnant women and fetuses. In 2003, Ms. Cynthia Martinez was charged with felony child abuse “for permitting a child under 18 years of age to be placed in a situation that may endanger the child's life or health. . .” In bringing this prosecution, the state argued that a pregnant woman who cannot overcome a drug addiction before she gives birth should be sent to jail as a felony child abuser. Today the Supreme Court summarily affirmed the Court of Appeals decision, which overturned Ms. Martinez’s conviction. New Mexico joins more than 20 other states that have ruled on this issue and that have refused to judicially expand state criminal child abuse and related laws to reach the issues of pregnancy and addiction. The Drug Policy Alliance (“DPA”) and the National Advocates for Pregnant Women (“NAPW”) filed a friend-of-the-court brief http://www.drugpolicy.org/docUploads/NMvMartinezAmicusBrief.pdf on behalf of the New Mexico Public Health Association, the New Mexico Nurses Association, and nearly three dozen other leading medical and public health organizations, physicians, and scientific researchers. During oral argument, the Justices referenced the amicus brief filed by these organizations and expressed grave concerns about the deterrent effect such prosecutions would have on women seeking prenatal care. Tiloma Jayasinghe, NAPW staff attorney, explained, “Making child abuse laws applicable to pregnant women and fetuses would, by definition, make every woman who is low-income, uninsured, has health problems, and/or is battered who becomes pregnant a felony child abuser. In oral argument, the state’s attorney conceded that the law could potentially be applied to pregnant women who smoked.” Reena Szczepanski, Director of Drug Policy Alliance New Mexico, said, “I hope that this case serves as a reminder that pregnant women who are struggling with drug use should be offered prenatal care and drug treatment, not prosecution. There are better ways to protect our children in New Mexico, and ensure that future generations will be safe and healthy.”

Drug Policy Forum of Kansas: Action Alert April 25, 2007

Take Action! - Help Repeal Higher Education Act Drug Provision Take Action! - Ask Congress to Allow Medical Marijuana Research Take Action! - Support Second Chance Act for Drug Offenders ACLU Forum: Wakarusa '07 - Privacy Rights in Public Places

Two Job Opportunities at Washington,DC-Based PreventionWorks

PreventionWorks, a needle exchange/harm reduction program operating in the District of Columbia, has recently applied for funding for a new program they are calling FOCUS. This will be an HIV treatment adherence support program for low-income residents of the District of Columbia who are current or former drug users, are in care for HIV infection, and struggling to focus on their HIV care and/or treatment regimen. Though funding has not been secured, the recruiting of strong candidates -- people with solid backgrounds in HIV and substance use, and who know District resources -- to staff the program has begun.

The Drug War's "Unacceptable Losses"

[This post comes courtesy of Ken Wolski, RN, MPA. He is the executive director of the Coalition for Medical Marijuana -- New Jersey, www.cmmnj.org, [email protected]] "Unacceptable Losses" opened Friday, 1/12/07, at the Woodrow Wilson School's Bernstein Gallery on the Princeton University Campus. This photo-documentary by photgrapher and med student Arthur Robinson Williams examines U.S. drug policy and victims of it. At the exhibit, there are large color and black and white prints that accompany text of interviews that Mr. Williams conducted. The photos Mr. Williams took seemed designed to capture the essential humanity of the subject. (Some of this photographic detail is missing in the web site.) The web site is divided into sections on Treatment on Demand, Sentencing Reform, Syringe Access, Harm Reduction and Medical Marijuana. The stories are very compelling. Though the web site is still a work-in-progess, I highly recommend a look. I was reminded of CMM-NJ member Roberta M., when I read the story of the man with RSD whose pain was so severe he contemplated suicide until he tried marijuana.