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Can I be charged with a crime if I use drugs while pregnant?


Yes, you can be charged with a crime if you use drugs while pregnant but only if you live in Tennessee. As a Jacksonville criminal defense attorney, I have seen the police threaten drug addicted pregnant women with arrest, but that's the most they can do. Mallory Loyola, a 26 year old Tennessee native, was arrested after both she and her newborn tested positive for the drug methamphetamine . The law, which just went into effect in July of 2014, makes it a crime to take drugs while pregnant, calling it "assault". It allows a woman to be prosecuted for assault for the illegal use of a narcotic drug while pregnant if the infant is harmed or addicted to the drug. Ms. Loyola admitted to smoking meth days before giving birth.

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