New Law Criminalizing Drugs While Pregnant – Madisonville Woman First to be Prosecuted

What should be done when an expectant mother’s drug abuse harms or kills her child?

In answer to this, on April 29, 2014, Tennessee Governor Bill Haslam signed into law a bill that allows criminal prosecution of mothers and expectant mothers who take narcotic drugs while pregnant if the baby is harmed, born addicted, or dies as a result.  This law went into effect on July 1, 2014 (click here to read Senate Bill 1391).

Now, Mallory Loyola (26 y/o) of Madisonville, TN, is the first to face prosecution under this new law.  Two days after giving birth, Ms. Loyola was arrested and charged for Simple Assault.  Both Ms. Loyola and her child tested positive for amphetamines, and Ms. Loyola is reported to have “admitted to smoking meth three to four days before giving birth to her child.”  (Click here for the news article posted by the Tennessean).  In Tennessee, Simple Assault is a Class A Misdemeanor, carrying with it possible punishment including incarceration of up to 11 months and 29 days (plus fines and court costs).

Monroe County Sheriff Bill Bivens is reported stating “[c]hildren need the chance and it’s sad when you see children who come out born into the world already addicted to drugs.”

The American Civil Liberties Union is reported to plan a challenge to this law as they claim “[t]his dangerous law unconstitutionally singles out new mothers struggling with addiction for criminal assault charges.”  (Click here to read the news article posted by


The author of TNLawyerLee is Nicholas W. Lee, Esq., an attorney in Knoxville, Tennessee.  If you or someone you know need an attorney, please click here for Mr. Lee’s contact information and contact him today for a free consultation.  Also, please feel free to visit Mr. Lee’s website, or follow his page on Facebook for updates as to his law practice or new posts to TNLawyerLee by clicking here.

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