A study published in the Journal of the American Medical Association found that clinicians are more likely to conduct infant drug testing on African American babies. The findings confirm the findings from other studies that show a higher likelihood that child protective services (CPS) may investigate parents based on cannabis use allegations.
The researchers conducted a cross-sectional study of 511 emergency department and inpatient medical encounters involving a child with a positive drug screen. Analysis revealed that medical professionals reported 47.7% of cases to CPS. 11.9% of cases involved out-of-home placement within 30 days. Approximately 43.6% of the cases indicated a previous CPS report.
The study also indicated that cannabis comprised most of the substances identified when parents took a urinalysis test. Cannabis made up 41.7% of the substances detected in the urinalysis tests. Benzodiazepines (27.2%), amphetamines (22.3%), opiates (7.4%), and fentanyl (7.0%) were other commonly identified substances.
A study conducted by Rolling Stone Magazine identified nearly 100,000 cannabis-related investigations in six states over the past five years. The six states included Iowa, Nebraska, North Carolina, Louisiana, Ohio, and West Virginia. Those parents investigated were disproportionately people of color. Cannabis-related investigations outnumber investigations prompted by allegations of maternal tobacco or alcohol use.
Several recent legal cases in various states have made key rulings that may significantly impact cannabis law reform and child welfare policy. Arizona, New York, Maryland, and Oklahoma have approved policies that require a less presumptive approach to child protective services investigations. Arizona and Oklahoma courts have ruled that the maternal use of medical cannabis does not constitute child neglect. Maryland and New York’s latest policies aim to reduce neglect investigations based on cannabis alone.
The study highlights the need for more equitable policy and practice that ensures parents who consume cannabis receive the same level of scrutiny as parents who use tobacco or alcohol products.
Sources: Journal of the American Medical Association, NORML, Rolling Stone
