Despite a lack of conclusive evidence about the harms of marijuana to children in the womb or breastfed, social services are cracking down hard on mothers who use it.
Sela Givens is an energetic three-year-old who her mother, Doshia Givens, calls Crazy Horse. She wakes up at 6 a.m. and demands attention, insistently offering to play with her. Her mother is unable to resist her enthusiastic smile, which can brighten even the darkest days in their lives as she faces challenges as a single parent in Cleveland.
Doshia experienced a major shock when her daughter Sela was taken away. This was just days after a tragic car accident that left Doshia severely injured and undergoing multiple surgeries. She was prescribed powerful drugs such as oxycodone and Vicodin to combat the agony. Frightened of the possible consequences, she decided to use marijuana in consultation with her doctor, who assured her that it would not affect breastfeeding.
Over time, Doshiya's health improved and Sela, who had already started kindergarten, would sometimes come home with mild symptoms such as vomiting and fever. This prompted the mother to see a doctor for a checkup. In January 2023, when Sela's father took her to the hospital, a blood test revealed the presence of tetrahydrocannabinol (THC), a compound found in marijuana. This result prompted the intervention of Child Protective Services in Ohio, who deemed that Doshia posed an «imminent risk of serious harm» to her daughter.
As a result, mother and daughter were separated within 24 hours. Across the country, tens of thousands of mothers like Doshia find themselves under investigation for marijuana use. This happens even when the grounds for testing are based on rumors or test results, often conducted without their consent. Black mothers are the ones most often in trouble.
Despite the controversial data on the negative effects of THC on newborns, both developmentally and through breast milk, different states across the country have taken different approaches to the issue. Some, like Maryland, are passing laws that prohibit parental investigations based solely on marijuana use, while others, like Ohio, criminalize any perinatal drug use.
Doshia points out that social services only see what they want to see, ignoring context. A similar situation occurred with Raneisha Hubbert, whose family was also subjected to social services intervention after her son left home several times. A positive test for marijuana was her reason for having her children taken away, despite the fact that she had no apparent custody issues at that point.
This case highlights the problems with systemic child protection and the long term consequences of separating children from their parents, including poorer health, mental illness, and socioeconomic hardship. The public is still divided about marijuana use and its impact on the family, leading to unpredictable and often harsh consequences for mothers and their children.
For half a century — since June 17, 1971, when President Richard Nixon declared a «war on drugs» — women like Hubbert have seen their children taken away because of drug addiction. As part of this war, Nixon emphasized the identification of drug addicts and their subsequent «treatment and rehabilitation». This led to the pathologization of drug use, which became a social condemnation of our lifestyles and decisions.
This case highlights the problems with systemic child protection and the long term consequences of separating children from their parents, including poorer health, mental illness, and socioeconomic hardship. The public is still divided about marijuana use and its impact on the family, leading to unpredictable and often harsh consequences for mothers and their children.
For half a century — since June 17, 1971, when President Richard Nixon declared a «war on drugs» — women like Hubbert have seen their children taken away because of drug addiction. As part of this war, Nixon emphasized the identification of drug addicts and their subsequent «treatment and rehabilitation». This led to the pathologization of drug use, which became a social condemnation of our lifestyles and decisions.
A few years later, mothers were targeted in this war. In a 1986 speech, First Lady Nancy Reagan stated that mothers who use drugs are «killing our children». In 1990, the Department of Health and Human Services released a report on the «massive» problem of «crack-using kids». That study recommended, among other things, that state and local agencies make it easier to remove children from drug-addicted parents. Since then, tens of thousands of families have faced separation every year.
According to the federal Administration for Children and Families, between 2015 and 2021, more than 600,000 children were separated from their parents due to drug use (data prior to 2015 was not collected). In 2020, the percentage of children removed from parental control for this reason reached a record, more than doubling since 2000 to 39%.
«Once you bring drugs into the equation, you get a completely different story ...you end up in a different political paradigm. If you're a prosecutor, you want people to be in that 'drug mom' context because it validates your position» — says Erin Miles Cloud, a senior attorney with Civil Rights Corps, a nonprofit organization based in Washington, D.C.
Finding statistics on parental marijuana investigations is difficult. Recently, it was possible to obtain data from six states that shows that there have been nearly 100,000 marijuana checks on families in the past five years. In Ohio, more than 70,000 families have undergone such checks, and data from West Virginia, Nebraska, and Iowa indicate thousands more investigations over the same period.
In addition, these investigations reveal significant racial disparities. For example, in Louisiana, 78% of parents who had been audited in the past five years were black. In North Carolina, 53% of parents who were investigated in the past three years were also black. Investigations into maternal marijuana use far outnumber those into tobacco or alcohol use, which tend to be more common among white Americans — though both types of use cause known harm. In 2022, fewer than 11,000 child seizures were due to alcoholism, compared with more than 60,000 cases involving other substances.
«The system assumes that if you're black or swarthy, being a good parent means no drugs» — argues Miriam Mack, director of family policy at Bronx Defenders, a nonprofit legal organization in New York City.
Drug charges put people like Hubbert in a difficult position. During court proceedings, drug use often becomes the deciding factor. «You just have to sit back and listen» — Hubbert says.
In August 2023, the FDA submitted a 250-page DEA report recommending increased regulation of marijuana, stating that «most people who use marijuana do so in a way that is safe for themselves and others». Many agencies agree that the data on the harms of marijuana use is insufficient. The department recognizes the need for further research to understand the long-term effects of marijuana exposure during pregnancy and postpartum.
«The system assumes that if you're black or swarthy, being a good parent means no drugs» — argues Miriam Mack, director of family policy at Bronx Defenders, a nonprofit legal organization in New York City.
Drug charges put people like Hubbert in a difficult position. During court proceedings, drug use often becomes the deciding factor. «You just have to sit back and listen» — Hubbert says.
In August 2023, the FDA submitted a 250-page DEA report recommending increased regulation of marijuana, stating that «most people who use marijuana do so in a way that is safe for themselves and others». Many agencies agree that the data on the harms of marijuana use is insufficient. The department recognizes the need for further research to understand the long-term effects of marijuana exposure during pregnancy and postpartum.
However, many states treat marijuana use per se — without evidence of past, present, or future harm to a child — as grounds for parental investigation. Take Wisconsin's child protection law, for example. In it, marijuana use can be classified as «abuse of an unborn child» based on the risk of serious physical harm to the child. The law also notes «the expectant mother's habitual lack of self-control ... manifesting itself to a severe degree» with regard to marijuana use as grounds for investigation.
But what is considered «severe» — in Wisconsin or elsewhere in the country — seems to depend on the individual investigator. For example, Hubbert says that despite a psychiatric evaluation showing she did not meet the criteria for marijuana addiction, California's DCFS took her children away from her and forced her to attend drug classes.
The California Department of Children and Families clarifies that cases don't always lead to separation, but the policy remains unclear. Former DCFS caseworker, Alan Dettlaff, talks about the vague definitions of abuse as systemic bias.
Research shows that many mothers may not realize they are being drug tested. Ridgell, suffering from severe morning sickness, used marijuana for medical reasons. After giving birth, she was informed of her son's positive test, which led to an investigation.
But what is considered «severe» — in Wisconsin or elsewhere in the country — seems to depend on the individual investigator. For example, Hubbert says that despite a psychiatric evaluation showing she did not meet the criteria for marijuana addiction, California's DCFS took her children away from her and forced her to attend drug classes.
The California Department of Children and Families clarifies that cases don't always lead to separation, but the policy remains unclear. Former DCFS caseworker, Alan Dettlaff, talks about the vague definitions of abuse as systemic bias.
Research shows that many mothers may not realize they are being drug tested. Ridgell, suffering from severe morning sickness, used marijuana for medical reasons. After giving birth, she was informed of her son's positive test, which led to an investigation.
Only eight states require drug testing for pregnant women, but Ridgell did not agree to the test. Researchers warn that this could lead to women being turned away from medical care. While some states pass laws protecting mothers, others, like Ohio, support criminal charges. Racial bias is also an issue: black mothers are more likely to face drug testing, statistics confirm. While child protection agencies claim they do not separate children based on marijuana use alone, this often leads to investigations for other adverse indicators.
Ohio has had a law in place since April that allows pregnant women to be prosecuted for «corrupting» their unborn children by «transferring or prescribing controlled substances to minors». (The law, passed amid the opioid epidemic, was originally intended to go after drug traffickers targeting young people)
When asked about the state's approach to marijuana-related child seizures, LeeAnn Cornyn, director of the Ohio Department of Mental Health and Addiction Services and former chief of staff to Governor Mike Devine, said there is no one-size-fits-all approach because enforcement varies from county to county.
«We should focus on...utilizing our resources to investigate children who have evidence that they need help. We don't necessarily have the culture we want or aspire to as a state everywhere» — says Cornyn.
Ohio has had a law in place since April that allows pregnant women to be prosecuted for «corrupting» their unborn children by «transferring or prescribing controlled substances to minors». (The law, passed amid the opioid epidemic, was originally intended to go after drug traffickers targeting young people)
When asked about the state's approach to marijuana-related child seizures, LeeAnn Cornyn, director of the Ohio Department of Mental Health and Addiction Services and former chief of staff to Governor Mike Devine, said there is no one-size-fits-all approach because enforcement varies from county to county.
«We should focus on...utilizing our resources to investigate children who have evidence that they need help. We don't necessarily have the culture we want or aspire to as a state everywhere» — says Cornyn.
According to ACOG, laws similar to those in Ohio could seriously jeopardize the health of mothers and their babies. In 2021, the organization noted that anti-drug policies that discourage women from seeking prenatal care impede the well-being of both mothers and fetuses.
In Cleveland, maternal and child health, especially among blacks, remains a particular problem. The city has some of the highest maternal and fetal mortality rates among blacks in the country.
According to a recent study in the Journal of the American Medical Association, the 2019 maternal mortality rate for blacks in Ohio was about 60 per 100,000 births — two to nine times higher than other racial groups. Thus, giving birth to black women in Ohio is proving to be more dangerous than in several countries such as Kyrgyzstan, El Salvador, and Syria.
In Cayahoga County, where Cleveland is located, the mortality rate for black infants in 2020 was 15 per 1,000 newborns — nearly four times higher than for white babies, indicating that giving birth to a black baby in that county is more risky than in countries such as Mongolia, Tonga or Costa Rica.
On a Thursday in June 2023, Hubbert and her third child, Justin, visited McDonald's in Compton. While in the crowded playpen and enjoying milkshakes and McNuggets, they spent time with Jason.
Justin, like his brother Jamisha and sister Jason, came under the scrutiny of DCFS. He was stunted and doctors suspected inadequate care from his mother. He was temporarily placed in foster care. However, the court ultimately found the charges to be unfounded and Justin was reunited with his mother, despite the fact that Hubbert herself is short in stature.
However, despite Hubbert's acquittal, the courts have not given her back custody of Jacion or Jamisha. She is only able to socialize with them for an hour a week at a fast-food diner. Jamisha, who is now 16 and recently became a mother herself, has increasingly refused to see her mother.
«I was traumatized and in pain. I know my children will be hurt even more. I mean, they're asking, why can my brother be home and we can’t?» — Hubbert says. The situation with other parents also varies.
However, despite Hubbert's acquittal, the courts have not given her back custody of Jacion or Jamisha. She is only able to socialize with them for an hour a week at a fast-food diner. Jamisha, who is now 16 and recently became a mother herself, has increasingly refused to see her mother.
«I was traumatized and in pain. I know my children will be hurt even more. I mean, they're asking, why can my brother be home and we can’t?» — Hubbert says. The situation with other parents also varies.
Ridgell, after nearly three years of fighting in court, was able to get her son Silas back and get his name removed from Arizona's blacklist for suspected child abuse. Silas is now an attentive and energetic five-year-old boy who loves dinosaurs and often jokes about leaving kisses on his mother's arms.
«I know my rights, but they shouldn't have justified reporting negligence. I shouldn't have appealed» — says Ridgell.
Doshiya, on the other hand, took parenting classes and addiction courses after her daughter Sela was removed from foster care. She had to drive across town for drug tests, which complicated her work schedule. Ohio Job and Family Services often sent her messages asking her to take the test within 48 hours, even if the testing centers were not open on weekends. Skipping the test equated to a positive result.
«How can a judge know you don't have an addiction?» — she wondered when she was questioned.
Despite her hesitation, Doshiya complied and was eventually reunited with Selah. Although it took time for her daughter to cope with separation anxiety, she is now almost back to her normal self.
Doshiya is constantly worried about what will happen if Selah gets another flu infection. Although she plans to take her to the hospital right away to make sure her daughter is safe, Doshiya realizes that such a decision could have serious consequences.
«They look for the slightest excuse to take your children away from you» — she emphasizes.
«I know my rights, but they shouldn't have justified reporting negligence. I shouldn't have appealed» — says Ridgell.
Doshiya, on the other hand, took parenting classes and addiction courses after her daughter Sela was removed from foster care. She had to drive across town for drug tests, which complicated her work schedule. Ohio Job and Family Services often sent her messages asking her to take the test within 48 hours, even if the testing centers were not open on weekends. Skipping the test equated to a positive result.
«How can a judge know you don't have an addiction?» — she wondered when she was questioned.
Despite her hesitation, Doshiya complied and was eventually reunited with Selah. Although it took time for her daughter to cope with separation anxiety, she is now almost back to her normal self.
Doshiya is constantly worried about what will happen if Selah gets another flu infection. Although she plans to take her to the hospital right away to make sure her daughter is safe, Doshiya realizes that such a decision could have serious consequences.
«They look for the slightest excuse to take your children away from you» — she emphasizes.
