US: Arizona Supreme Court rules medical cannabis use during pregnancy does not constitute child neglect

The Arizona Supreme Court ruled that maternal use of cannabis for morning sickness does not constitute child neglect, advanced the National Organization for the Reform of Marijuana Laws -NORML). the supreme court declined to hear any further challenge to an appeals court decision, which ruled that child welfare workers had acted inappropriately in placing a woman on a state criminal record for having used medical cannabis while pregnant. This ruling removes the mother's name from the state's criminal record, which is accessible to employers conducting criminal background checks. 

The Arizona Department of Child Safety initially took action against the mother, Lindsey Ridgell, in 2019 when her newborn tested positive for cannabis. Last April, Arizona Court of Appeals judges unanimously ruled that prenatal exposure in this case did not constitute "negligence" since the mother was medically authorized by law to consume cannabis products to treat the symptoms of morning sickness.

The Court of Appeal determined that the use of cannabis under the Arizona Medical Marijuana Act (AMMA) "shall be considered equivalent to the use of any other medication under the direction of a physician", so the baby's exposure to cannabis resulted from medical treatment and did not constitute negligence.

Officials at the Department of Child Safety had asked the Supreme Court to reverse that opinion. Ridgell's attorney, Julie Gunnigle, said the decision has national implications as lawmakers in other states have sought to enact punitive laws against women who use cannabis while pregnant.

For example, in 2022, members of the Alabama Senate passed legislation that required women of childbearing age to provide evidence of a negative pregnancy test before they could apply to obtain medical cannabis. The bill ended up failing in the Chamber. Oklahoma regulators also considered imposing a similar requirement on women seeking to obtain medical cannabis, but eventually revoked the law.

Evidence suggests cannabis is not harmful in pregnancy and may have benefits

Data from some studies already carried out provide inconsistent results on whether or not prenatal cannabis exposure is associated with adverse neonatal outcomes, such as risk of preterm birth. However, one systematic review of studies compiled by Ciara Torres and Carl Hart revealed that “the totality of evidence suggests that prenatal exposure to cannabis does not lead to cognitive impairments”.

On the other hand, data from a survey published last year by researchers affiliated with the University of California, Los Angeles, reported that the majority of respondents who had used cannabis to treat symptoms of hyperemesis gravidarum (HG), considered it more effective than prescribing antiemetic drugs.

This decision by the Arizona Supreme Court is a step in the right direction for mothers who use medical cannabis to treat their symptoms during pregnancy. This decision recognizes that the use of cannabis, when authorized by a physician, should be treated in the same way as any other medicine and should not be considered malpractice. The decision also sends a message to other states that are considering punitive laws against pregnant women who use cannabis that such laws are unfair and unnecessary.