I partially agree with the critics who state that the criminal justice system should not involve with this problem. First of all, women who continue using substances during pregnancy are, in most cases, heavily addicted to illicit drugs and require medical help. Even if they are arrested or charged, it will not suppress their addiction or improve the baby’s health. Therefore, I believe that it is primarily a healthcare issue, and these women need professional help or at least counseling.
If Florida acknowledges substance use during pregnancy as a crime, I think there would be more cons than pros. Legally charging pregnant women would not reduce the number of cases since most of them start doing drugs before pregnancy. On the other hand, arresting them would only make their lives worse and potentially deteriorate the baby’s health even more. Personally, I believe that the system where healthcare workers must report drug abuse is the most effective method to help pregnant women get rid of addiction and protect the health of their babies. Miranda et al. (2015) report that fifteen states have enacted this policy, and I think it is a better alternative to recognizing substance use during pregnancy as a crime. Ultimately, I would be against Florida criminalizing this issue, but I believe that additional measures are necessary.
Reference
Miranda, L., Dixon, V., & Reyes, C. (2015). How states handle drug use during pregnancy.Pro Publica.