Tag: Fetus

“In a dissenting opinion, Lumpkin argued that Aguilar’s marijuana use should have been illegal because “only [she] has a permit to use it, not her baby.” Thus, “the baby’s exposure to [Aguilar’s] use and possession of marijuana, a Schedule I drug, is illegal.”
Judge David B. Lewis takes up a similar theme in his dissent, writing that “a medical marijuana license is certainly not a legal authorization to share, transfer, or distribute marijuana to others who have no license, especially those for whom its use or possession is unauthorized by law.” And “who could really doubt that a licensed marijuana consumer would face legal consequences for willfully sharing, distributing, or permitting the unlicensed ingestion of marijuana by children for whose welfare they are responsible?””

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“Fetal personhood is most often invoked as a justification for banning abortion. But it also can be used to justify all sorts of restrictions on pregnant women or criminal penalties for those who do anything that the state says isn’t in a fetus’ best interests. It’s grounds for everything from charges against women who do drugs while pregnant (something Rowland generally endorses, writing that “an expectant mother who exposes her unborn child to illegal methamphetamine could be convicted of child neglect”) to punishing a pregnant woman for getting shot because she put herself in harms’ way.”

https://reason.com/2024/07/30/a-fetus-doesnt-need-its-own-medical-marijuana-license-oklahoma-court-says/