South Dakota State Representatives supported a bill today that brings an affirmative defense for a pregnant woman to defend against controlled substance statutes that are already law.
Rep. Spencer Gosch is the prime sponsor of the bill, explaining to lawmakers in order for women to utilize this affirmative defense they must receive adequate prenatal care plus be enrolled in and complete a rehabilitation program. Gosh explains why he brought the bill this session.
“We are saying hey, you are pregnant you are on drugs and that is unfortunate, but you need to come in and have baby and get you in rehabilitation, we need to try and correct this. If baby can be born off of a controlled substance that baby has a much brighter future."
Gosh tells lawmakers that babies born on a controlled substance have no choice. This bill gives mothers assurance if she gets the care she needs and gets off of drugs, she will receive help, including financial assistance.
“We’ve heard the cost anywhere from $22 to $200,000 depending on the situation to put this baby through the rehabilitation process in and of itself. We are talking about nurses that have to rock the baby, skin to skin contact we are talking a ton of things because these babies cry constantly because they are in pain, a lot of things that need to be done. Whey shouldn’t we spend that money to help mom get off of drugs rather than spend it to get the baby off of drugs.
The majority of lawmakers agreed and passed the measure 67 to 1. It will now move to a senate committee for future public hearings. To follow this bill or any bill this session, visit us at sd.net.