Mothers Face Legal Challenges Due to THC Testing

On August 9, 2026, CBS News released a report in collaboration with The Marshall Project, highlighting the impact on mothers who test positive for THC during childbirth. Nicole Hamann’s experience in Idaho illustrates the personal and legal challenges such mothers face. After giving birth in January 2021, she was informed her urine and that of her newborn contained THC. This resulted in an investigation by Child and Family Services, despite her claim that she unintentionally consumed a marijuana brownie in Oregon, where it’s legal.

In Idaho, a single positive THC test in newborns can lead to presumptive evidence of child abuse. This policy has affected over a thousand mothers like Hamann, locking them out of certain professions and even volunteer opportunities. Hamann’s case was closed after inspection, but her name remains on the child protection registry for ten years, barring her from jobs in healthcare or childcare.

Another affected mother, Ashley McGrath, faced similar repercussions after using marijuana gummies to alleviate severe morning sickness during pregnancy. Despite her child being healthy, McGrath’s name ended up on the same registry. She described her career prospects in healthcare as ‘completely thrown away’ due to the registry barring her from jobs requiring background checks.

Hamann and McGrath reflect a broader trend, where mothers are faced with significant legal and career obstacles due to THC testing during pregnancy.

Attorney Rick Hearn filed a class-action lawsuit in Idaho, arguing mothers were deprived of their ability to support their families without due process. He noted the state does not require evidence of harm to the baby or proof of neglect for placement on the registry.

In South Carolina, Ayanna Harris-Rashid faced legal charges after her baby tested positive for THC. Despite using legal CBD products allowed in her Native American culture, she was charged with ‘unlawful conduct towards a child’ and jailed. Attorney Erin Bailey noted the charges are not proportionate to the risk and criticized the penalties faced by new mothers.

A Marshall Project analysis shows racial disparities in how cases are handled. African American mothers face law enforcement referrals at higher rates compared to their white counterparts. However, many cases involving THC are eventually dismissed or result in probation.

Despite the eventual expunging of records or dismissal of charges, the impact on affected mothers is profound, including financial burdens and emotional stress. Hamann and Harris-Rashid’s stories emphasize the need for policy reform and support for mothers caught in these legal predicaments.